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Mar 24, 2014
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court of review. these courts are where the government has to make its or fort for surveillance collection of information. the question really now is, how should the fisa court the reformed, if you believe it should be, in a way that makes it more robust, or capable of protecting individual rights and liberties, and of course this task is challenging because the nature of surveillance and communication has changed dramatically in the last two or three decades. again, going to the founders of in thiscracy who met very town not far from here, the idea of a telephone would've been unimaginable, but the internet was unimaginable to us a short time ago. the dramatic explosion of means of information and communication would have been certainly unimaginable to the original writers of the fisa act in 1975. reform. a task of i believe we have to address it. again, the act will expire, certain key elements will and june of next year. we have an opportunity and an obligation to address these issues. the fisau kn
court of review. these courts are where the government has to make its or fort for surveillance collection of information. the question really now is, how should the fisa court the reformed, if you believe it should be, in a way that makes it more robust, or capable of protecting individual rights and liberties, and of course this task is challenging because the nature of surveillance and communication has changed dramatically in the last two or three decades. again, going to the founders of in...
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Mar 25, 2014
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roberts court treated differently than other courts in the past? how have other courts treated this issue? guest: generally the roberts court is seen by some critics as being rather pro-business on a whole range of issues. people would see that is just one aspect of that. lenny is on our line for independents from maryland. you're on with lawrence hurley from reuters. caller: hello. i know a few plaintiffs on this case against the government. it wasious to know if muslim owned companies that brought the case to the government. was muslim owned companies that brought the case to the government. host: who are some of the other companies involved? 80 companies? guest: i can't remember the exact number but there are quite a few. all of them are closely held companies. this is not the case of microsoft or apple trying to get this type of exemption. companies whowned are all religious and have the same religion. ownerspany where the have different religious views -- since they all have the same dues and they describe it they expressed the religious views
roberts court treated differently than other courts in the past? how have other courts treated this issue? guest: generally the roberts court is seen by some critics as being rather pro-business on a whole range of issues. people would see that is just one aspect of that. lenny is on our line for independents from maryland. you're on with lawrence hurley from reuters. caller: hello. i know a few plaintiffs on this case against the government. it wasious to know if muslim owned companies that...
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Mar 9, 2014
03/14
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the adult court. the system is much more concerned about getting kids rehabilitated and have this not happen again. aside from locking someone up. >> the judge in particular, that despite you having been here before and not learned your lesson, that you will learn your lesson and not get in trouble. help me understand what is going on in your life that help to demonstrate that. >> i play ball. >> where? >> at the court. >> tell me about that. what position do you play? >> i just play ball. >> what else do you do besides play basketball? >> i wish he never got himself in this. he is a kid. i pray, i hope he gets out. >> i know you are a quiet person you have to make a decision if you want to stay in here or not. we will put both of you on the stand. the prosecutor will have a chance to ask you questions. she is tough. her job is protect society from people who commit crimes repeatedly. let's be frank. if the judge thinks you are a danger, get used to this place. >> i am not going to court? >> what do y
the adult court. the system is much more concerned about getting kids rehabilitated and have this not happen again. aside from locking someone up. >> the judge in particular, that despite you having been here before and not learned your lesson, that you will learn your lesson and not get in trouble. help me understand what is going on in your life that help to demonstrate that. >> i play ball. >> where? >> at the court. >> tell me about that. what position do you...
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Mar 25, 2014
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that is a shot of the supreme court and the crowds outside the supreme court, where supreme court justices will be hearing arguments in the hobby lobby case. you can talk about that case over the course of the show. we are taking your thoughts. you could also answer the question for us, should the be more or less religion in public life? here is the lead editorial in today's "washington post." that is the editorial board of the "washington post." we are showing you protesters outside of the supreme court. we are opening up our phones to you. until the end of the show. the phone lines on the democrats, (202) 585-3880. republicans, (202) 585-3881. .ndependents, (202) 585-3882 outside the u.s., (202) 585-3883 . we will start with faye from kentucky on our line for independents. caller: good morning. i am a christian. i want to seeat everyone go to heaven, ok? but i think that we can keep, you know, keep our views quieter. the lesbianseciate gays being so open about everything. they should be kept more personal. i think you can live a more private life. i don't have to be exposed to all of thi
that is a shot of the supreme court and the crowds outside the supreme court, where supreme court justices will be hearing arguments in the hobby lobby case. you can talk about that case over the course of the show. we are taking your thoughts. you could also answer the question for us, should the be more or less religion in public life? here is the lead editorial in today's "washington post." that is the editorial board of the "washington post." we are showing you...
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Mar 25, 2014
03/14
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surveillance court and appellate court, the fisa court of review. these courts are where the government has to make its argument for surveillance or for collection of information. the question really now is how should the fisa court be reformed if you agree that it should the in a way that makes it more robust, more capable of protecting individual rights and liberties and of course this task is challenging because the nature of surveillance and communication has changed dramatically just in the last two or three decades. you know again going to the founders of our democracy who've met in this very town not far from here the idea of the telephone would have been unimaginable at the internet was unimaginable to us a short time ago and the dramatic explosion of means of information and communication would have been certainly unimaginable to the original writers of the fisa act of 1975. there is a task of reform and i believe we have to address it. again the act will expire and certain key elements will end in june of next year and we have an opportuni
surveillance court and appellate court, the fisa court of review. these courts are where the government has to make its argument for surveillance or for collection of information. the question really now is how should the fisa court be reformed if you agree that it should the in a way that makes it more robust, more capable of protecting individual rights and liberties and of course this task is challenging because the nature of surveillance and communication has changed dramatically just in...
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Mar 29, 2014
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this court has not questioned that. the thomas case, i think, puts as common ground the idea that you don't really second-guess the person's the person's belief, but you can contest sincerity. it is there is case law in this. you know, you have people who are arrested in possession of large quantities of marijuana and they assert that they belong to the church of marijuana, and those cases do get litigated and they get rejected. and there's a lot of different ways to -- >> is there is there a different way of looking at it, the leeway? in u.s. v. lee, we said, "when followers of a particular sect enter into a commercial activity as a matter of choice, the limits they accept on their own conduct as a matter of conscience and faith are not to be superimposed on the statutory schemes which are binding on others in that activity." so isn't that really the answer, that we've never considered a for-profit corporation as exercising religion? >> well, let me let me take on lee first. and i mean, that's obviously the two lines o
this court has not questioned that. the thomas case, i think, puts as common ground the idea that you don't really second-guess the person's the person's belief, but you can contest sincerity. it is there is case law in this. you know, you have people who are arrested in possession of large quantities of marijuana and they assert that they belong to the church of marijuana, and those cases do get litigated and they get rejected. and there's a lot of different ways to -- >> is there is...
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Mar 25, 2014
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since you left the court has been reviewed by the court and the fisa court upheld its constitutconstitut ionality but now the federal district courts are divided on the question. judge leon in washington is denounced the program as of trouble will violation of the force amendment and said james madison would have been aghast at the slow incursion of liberty. the judge in new york has reached the opposite conclusion saying it is consistent with the fourth amendment because we have no -- judge justice scalia says he thinks the court will hear his case. if you don't feel like opining on that issue imagine the court did strike down the meta-data collectiocollectio n program. what additional reforms do you think would be necessary to make the fisa court consistent with the court? >> well, you are raising a really big question because there are a lot of people who think the fisa court, that we shouldn't have a fisa court at all. the whole process of evaluating what the government is doing in the intelligeintellige nce field can be done perfectly adequately by existing district and federal and
since you left the court has been reviewed by the court and the fisa court upheld its constitutconstitut ionality but now the federal district courts are divided on the question. judge leon in washington is denounced the program as of trouble will violation of the force amendment and said james madison would have been aghast at the slow incursion of liberty. the judge in new york has reached the opposite conclusion saying it is consistent with the fourth amendment because we have no -- judge...
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Mar 29, 2014
03/14
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this court has not questioned that. the thomas case, i think, puts as common ground the idea that you don't really second-guess the person's the person's belief, but you can contest sincerity. it is there is case law in this. you know, you have people who are arrested in possession of large quantities of marijuana and they assert that they belong to the church of marijuana, and those cases do get litigated and they get rejected. and there's a lot of different ways to -- >> is there is there a different way of looking at it, the leeway? in u.s. v. lee, we said, "when followers of a particular sect enter into a commercial activity as a matter of choice, the limits they accept on their own conduct as a matter of conscience and faith are not to be superimposed on the statutory schemes which are binding on others in that activity." so isn't that really the answer, that we've never considered a for-profit corporation as exercising eligion? >> well, let me let me take on lee first. and i mean, that's obviously the two lines of
this court has not questioned that. the thomas case, i think, puts as common ground the idea that you don't really second-guess the person's the person's belief, but you can contest sincerity. it is there is case law in this. you know, you have people who are arrested in possession of large quantities of marijuana and they assert that they belong to the church of marijuana, and those cases do get litigated and they get rejected. and there's a lot of different ways to -- >> is there is...
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Mar 10, 2014
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chief justice and may it please the court. in atkins versus virginia this court held that the constitution bars executing persons with mental retardation. that is persons with significantly sub average intellectual function concurrent with deficits in adaptive behavior with an onset before the age of 18. because of the standard error of measurement that is inherent in the iq test it is universally accepted that worsens with obtained scores of 71 to 75 can and often do have mental retardation when those three prongs are met. the statistical error of measurement or saddam is --. >> a line has to be drawn somewhere. and we did say in atkins that we would leave it up to the states to determine the standards for this issue. so what is the rule being announced today? are we saying that 70 is not okay and that 75 wood the? how would you announce the rule? >> well let me first take some issue with all due respect with your characterization of atkins. what this court said in atkins is not that we leave it to the states to establish the
chief justice and may it please the court. in atkins versus virginia this court held that the constitution bars executing persons with mental retardation. that is persons with significantly sub average intellectual function concurrent with deficits in adaptive behavior with an onset before the age of 18. because of the standard error of measurement that is inherent in the iq test it is universally accepted that worsens with obtained scores of 71 to 75 can and often do have mental retardation...
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Mar 25, 2014
03/14
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of the court. if it doesn't, all of that information must be purged. >> let me try to answer the sensenbrenner issue and deal head on with it right now. in my opinion, the sensenbrenner bill and i understand what he is attempting to do, it's a good start. but it makes our country less safe. why? i talked about the example of a known terrorist calling from a safe house in yemen. under the sensenbrenner bill, in order for us to be able to have the ability to see who that person is calling and get that information, under the sensenbrenner bill, you have to have an ongoing investigation. that's not an ongoing investigation. right there, we wouldn't have the ability to see who is calling into the united states because we didn't have an ongoing investigation. what sensenbrenner is attempting to do is getting information for a probable cause, for evidentiary hearings, that type of thing. we are in the intelligence business. we have standards in intelligence. and yet, we understand listening to our constit
of the court. if it doesn't, all of that information must be purged. >> let me try to answer the sensenbrenner issue and deal head on with it right now. in my opinion, the sensenbrenner bill and i understand what he is attempting to do, it's a good start. but it makes our country less safe. why? i talked about the example of a known terrorist calling from a safe house in yemen. under the sensenbrenner bill, in order for us to be able to have the ability to see who that person is calling...
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Mar 25, 2014
03/14
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i think what we saw today in the court is the importance of having women on the supreme court. i was so proud to be there as a woman that cares about women's health, to have the justices talk about the fact that what is at stake in this case is whether millions of women and their right to preventive care, including birth control is trumped by a handful of ceos that have their own personal opinions about birth control. it was a wonderful day i think for women, and i believe that this court understood that women have the right to make their own decisions about healthcare and other birth control. and it is not their bosses decision. thanks. >> the aclu. as you know, we are steadfast protectors of the first amendment of the right to religion. we heard the court concerned about the interest of women. we were heartened to see the court asking of questions about the third party that would be compromised and heartened and in total agreement with the statement which is if the court goes the way that hobby lobby and conestoga, this would be the first time that a benefit for employees wou
i think what we saw today in the court is the importance of having women on the supreme court. i was so proud to be there as a woman that cares about women's health, to have the justices talk about the fact that what is at stake in this case is whether millions of women and their right to preventive care, including birth control is trumped by a handful of ceos that have their own personal opinions about birth control. it was a wonderful day i think for women, and i believe that this court...
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Mar 25, 2014
03/14
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supreme court. >> ifill: and as ukraine continues withdrawing it's troops from crimea. margaret warner sits down in kiev with the embattled country's interim prime minister. >> what is happening as russia crosses the border of the main land. this is the duty of every ukrainian citizen to protect our country. we will fight. >> ifill: those are just some of the stories we're covering on tonight's pbs newshour. >> major funding for the pbs newshour has been provided by: >> at bae systems, our pride and dedication show in everything we do; from electronics systems to intelligence analysis and cyber- operations; from combat vehicles and weapons to the maintenance and modernization of ships, aircraft, and critical infrastructure. knowing our work makes a difference inspires us everyday. that's bae systems. that's inspired work. >> i've been around long enough to recognize the people who are out there owning it. the ones getting involved, staying engaged. they are not afraid to question the path they're on
supreme court. >> ifill: and as ukraine continues withdrawing it's troops from crimea. margaret warner sits down in kiev with the embattled country's interim prime minister. >> what is happening as russia crosses the border of the main land. this is the duty of every ukrainian citizen to protect our country. we will fight. >> ifill: those are just some of the stories we're covering on tonight's pbs newshour. >> major funding for the pbs newshour has been provided by:...
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Mar 15, 2014
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do you need the court to help you? you don't need the court's help? >> no. i'm fine. >> do you understand you're on probation? so this kind of looks bad on you. >> complicating ayryana's case are two prior offenses for driving without a license and battery on a classmate. her last day in court came with a warning. >> the probation officer told me if i got into any more trouble i was going to have to go to girls school. so, yeah, i'm real nervous. >> with the threat of girls school still fresh in her mind, ayryana gets ready for another weekend in detention, followed by another day in court and an outcome that could mean months away from home. >> i'm trying not to think about it. this is making me real nervous. i just don't know what's going to happen. usually i got an idea. this time i don't. >>> there's five of you. fighting with one lone person. >> yes. >> and you beat up this victim, right? >> you've been very immature. you're like a kid that don't want to grow up. c'mon, you want heartburn? when your favorite food starts a fight, fight back fast, with tu
do you need the court to help you? you don't need the court's help? >> no. i'm fine. >> do you understand you're on probation? so this kind of looks bad on you. >> complicating ayryana's case are two prior offenses for driving without a license and battery on a classmate. her last day in court came with a warning. >> the probation officer told me if i got into any more trouble i was going to have to go to girls school. so, yeah, i'm real nervous. >> with the threat...
SFGTV: San Francisco Government Television
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Mar 29, 2014
03/14
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order to get back to the court with the what we've done it comply with the court order by the end of june and getting through board of supervisors and the sequa appeal the april 24th is the last day we can do that and make the june 30th deadline. >> ongoing what do the commissioner is. >> yeah. i don't like being pushed into a corner and now it's the same damn thing that happens when we are considering this we're at the last minute asked to approve something i'm not goings-on to go with that, you know, i don't know if the other board members want to vote for it but not vote on a 10 day period. >> commissioner hillis. >> given the amount of time that i've spent and the city has focused i'm okay with the review time we're talking about the 2009 housing element i'm fine with the time. >> commissioner borden. >> can you remind me this the recirculation. >> yes. we've certified the commission certified the eir in march of 2011 so what was presented what the planning department recirculated was the alternative chapter the one chapter of the eir. >> and was anything changed since the certif
order to get back to the court with the what we've done it comply with the court order by the end of june and getting through board of supervisors and the sequa appeal the april 24th is the last day we can do that and make the june 30th deadline. >> ongoing what do the commissioner is. >> yeah. i don't like being pushed into a corner and now it's the same damn thing that happens when we are considering this we're at the last minute asked to approve something i'm not goings-on to go...
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Mar 8, 2014
03/14
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what this court said was this court number one, made clear as it is reiterated in miller vs. alabama and graham versus florida that while a consensus or perceived consensus among the states is important the ultimate test is this court's conclusion about what the eighth amendment does or doesn't allow. in making that determination on page 318 of this court's opinion in adkins this court after reciting in footnote 3 be virtually identical clinical definitions of mental retardation and in footnote 5 pointing out that 70 to 75 is the established cut off for mental retardation this court said the following, quote, clinical definitions of mental retardation require the three tests. because of their impairment sec, mentally retarded persons by definition, that is by the clinical definition have diminished capacity is to understand him, at all the other disabilities that made imposition of the death penalty for persons with a that clinical condition unconstitutional. as to what the states did, the court did refer to i believe 18 state statutes. in those state statues, not a single de
what this court said was this court number one, made clear as it is reiterated in miller vs. alabama and graham versus florida that while a consensus or perceived consensus among the states is important the ultimate test is this court's conclusion about what the eighth amendment does or doesn't allow. in making that determination on page 318 of this court's opinion in adkins this court after reciting in footnote 3 be virtually identical clinical definitions of mental retardation and in footnote...
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Mar 25, 2014
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supreme court today. they could pay the tax, they could do that, and then enjoy their religious liberty. this is what the tax is. employee 36,000 per per year. so we're talking about a company that has 16,000 employees, think offer a very generous health care package. the employer wants to provide health insurance for their employees. in fact, they already offer 16 different contraceptives. they just don't believe, because it violates their moral belief, that they should supply four different contraceptives because it takes the life of an innocent human being. so they fully paid for health insurance, but if this employer decided they didn't want to offer health insurance, then they'd pay the government a $2,000 fine per person. so they can either choose to offer health insurance and pay over $36,000 a year, which would effectively shut the company down. mr. gohmert: it's phenomenal insurance. employees love it. mrs. bachmann: very, very high, phenomenal insurance they already offer. or they offer no insur
supreme court today. they could pay the tax, they could do that, and then enjoy their religious liberty. this is what the tax is. employee 36,000 per per year. so we're talking about a company that has 16,000 employees, think offer a very generous health care package. the employer wants to provide health insurance for their employees. in fact, they already offer 16 different contraceptives. they just don't believe, because it violates their moral belief, that they should supply four different...
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Mar 25, 2014
03/14
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i don't know how the court will sort that out. another question is this balancing test, and then the final question which is -- does the government have a compelling need. that's the test of the legal test to force companies to provide this insurance given that there are so many exceptions to it, exceptions for churches and religious affiliated institutions and employers under 50 don't have to provide health care. some plans are grandfathered in. that's another question they are going to have to deal with. >> thank you so much. pete williams, as i say, a snowy day outside the supreme court. snowy day in march. and washington senator patty murray now joins me. senator murr, i want to talk about the tragedy in washington state but first i know you've been very outspoken about this case. we're going to hear from the hobby lobby lawyers later in the show. tell me why you feel so strongly. you and other members of the senate, senate democratic caucus and women's caucus that this part of obamacare should be left intact for women who nee
i don't know how the court will sort that out. another question is this balancing test, and then the final question which is -- does the government have a compelling need. that's the test of the legal test to force companies to provide this insurance given that there are so many exceptions to it, exceptions for churches and religious affiliated institutions and employers under 50 don't have to provide health care. some plans are grandfathered in. that's another question they are going to have...
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Mar 15, 2014
03/14
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if it please the court. come right the way, please. >> when i grow old, then i'll be with my baby. >> right this way. to this chair. >> i'm going to explain myself from the beginning to the end. leave no parts out. because it's two sides to the story. >> this young lady is charged with run away, is that right? >> correct. >> kynyada, have a seat up here, please. >> you are charged with running away. tell us what happened. >> well, monday me and my boy grandand my cousin had the baby and we was out all night. we didn't call nobody. tuesday i dropped my daughter off at her grandmother's house, because i was getting agitated with her. this was my first time getting agitated with her. >> with your mother? >> no, my mom had nothing to do with it. it was my daughter, she was sleepy, getting cranky, everything. so we was out l.a. i just needed some me time away from the baby, away from everything. after that, we didn't call nobody or left a note it was okay. so, of course, they're going to make the reports because
if it please the court. come right the way, please. >> when i grow old, then i'll be with my baby. >> right this way. to this chair. >> i'm going to explain myself from the beginning to the end. leave no parts out. because it's two sides to the story. >> this young lady is charged with run away, is that right? >> correct. >> kynyada, have a seat up here, please. >> you are charged with running away. tell us what happened. >> well, monday me and my...
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Mar 29, 2014
03/14
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district court and supreme court. >> and there are hundreds of appellate court cases that reaffirm the underpinnings of this program. the way it was set up protected civil liberties. the five years, we went back and said at some point you have to be able to find a balance. preferably, i started out with maybe we ought top keep the program that has been tested and overseen and can protect civil liberties. we are beyond that. now our number one goal has never been phone collection but how do we catch these people trying to call into the united states and can we do it in a way that prevents another 9/11. that's the bottom line. we think under the arrangements , of what we have, it at least provides us the majority of what we need. it's not everything. we need to understand, when we make changes, you assume a little more risk. i think -- when i look at everything we have been able to put together, i think the risk is a place we can accept as we move forward and try to fill it in with other programs and other things and our intelligence collection overseas. >> to answer your question why we
district court and supreme court. >> and there are hundreds of appellate court cases that reaffirm the underpinnings of this program. the way it was set up protected civil liberties. the five years, we went back and said at some point you have to be able to find a balance. preferably, i started out with maybe we ought top keep the program that has been tested and overseen and can protect civil liberties. we are beyond that. now our number one goal has never been phone collection but how...
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Mar 21, 2014
03/14
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how has the court come to this decision? >> the constitutional court ruled that the election was invalid, unconstitutional because according to them it was not held across the country in a single day. you mentioned that the elections were by supporters. the government called for elections in order to try to resolve the crisis. it said that if you want to resolve the crisis, let's do it through the ballot box. they believe the government should step aside and an unelected council take power, and that reforming the political system. this is a blow to the government. it's more pressure, really, and it prolongs the political stalemate. but others believe that the decision could provide some sort of opportunity for both sides to start talking to each other, reach a comprom. >> and possibly we may hear the opposition agree to take part in it. so far the position has been "we are not going to solve this through elections, but we have to wait and see." >> where has thailand been politically since the election in early february. has
how has the court come to this decision? >> the constitutional court ruled that the election was invalid, unconstitutional because according to them it was not held across the country in a single day. you mentioned that the elections were by supporters. the government called for elections in order to try to resolve the crisis. it said that if you want to resolve the crisis, let's do it through the ballot box. they believe the government should step aside and an unelected council take...
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Mar 9, 2014
03/14
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not you're likely to return to all future court hearings.the court finds you're a threat or you're not going to return, you're going to stay locked up. what do you think should happen? >> i think i should be released on house arrest. because i have a job. i'm working. >> many times the kids say here's what i want. as the lawyer, you try to get that result, but you know at the end of the day that that's not the right outcome. because ultimately if you return a child or place a child back into the environment that led the child into the system to begin with, you're fostering the problem. you're not addressing the root problem. >> michael is being held for his alleged involvement in a recent burglary. because of his past history and his refusal to answer police questions, he was hauled into juvenile on suspicion of involvement. >> you know nothing about the burglary? >> i don't know nothing. >> you don't know who did it or anything like that? >> no. >> all right. because certainly what complicates this whole picture is if this were a first time
not you're likely to return to all future court hearings.the court finds you're a threat or you're not going to return, you're going to stay locked up. what do you think should happen? >> i think i should be released on house arrest. because i have a job. i'm working. >> many times the kids say here's what i want. as the lawyer, you try to get that result, but you know at the end of the day that that's not the right outcome. because ultimately if you return a child or place a child...
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Mar 19, 2014
03/14
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an appeals court upheld the verdict 2 years later.aseormer trader took the to the france supreme court. a the last 4 years have been hell for me as well as my friends and family. my name has been dragged through the mud for almost 4 years now. >> he admits to masking his 50 thaton-euro that argues his supervisors knew what he was doing all along. on wednesday, the supreme court will rule on whether the trial and appeal follow procedure and not on the merits of the case itself. >> in other french legal news today, the head of the international monetary fund is in court here in paris. christine lagarde is being questioned in a corruption case that reaches all the way up to former french president nicolas sarkozy. that is over her alleged involvement in a 400 million-euro state payout for a business tycoon in exchange for his backing of sarkozy. lagarde is to face her former chief of staff in the french court of justice for a decision she took when she was finance minister under nicolas sarkozy. it all goes back to 2008, when she had to
an appeals court upheld the verdict 2 years later.aseormer trader took the to the france supreme court. a the last 4 years have been hell for me as well as my friends and family. my name has been dragged through the mud for almost 4 years now. >> he admits to masking his 50 thaton-euro that argues his supervisors knew what he was doing all along. on wednesday, the supreme court will rule on whether the trial and appeal follow procedure and not on the merits of the case itself. >> in...
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Mar 25, 2014
03/14
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he argued numerous appeals in state and federal courts including the u.s. supreme court. he was an assistant professor at the university of mississippi school of law where he taught courts on constitutional law and free speech. he was assistant solicitor general and the texas attorney general office from 1992. the eleanor davis professor of law emeritus at the george washington university's law school and been on the faculty since 1990. his research focus is on constitutional law with an emphasis on the religious clauses of the first amendment. with his colleague, robert toddle, he is the author of annual reports. on the faith-based initiative of george w. bush and the author of many articles including the forthcoming book on secular government. j. schwartzman is a professor of law at university of virginia. his research focuses on issues of law and religion. prior to join the faculty at virginia, he clerked for a court of the united states of appeal for the fourth circuit. schwartzman went to virginia for his undergraduate and law degree and received a rhodes scholar. be
he argued numerous appeals in state and federal courts including the u.s. supreme court. he was an assistant professor at the university of mississippi school of law where he taught courts on constitutional law and free speech. he was assistant solicitor general and the texas attorney general office from 1992. the eleanor davis professor of law emeritus at the george washington university's law school and been on the faculty since 1990. his research focus is on constitutional law with an...
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Mar 3, 2014
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BBCAMERICA
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you can't portray in court. you can't explain it. you just noe woman's life was really threatened. >> we're going to deal with that. that's very easy and would have been very easy to talk about. when it sits with you and you depose to your affidavit that it's very, very experienced policeman you would tell him about it and say, whoa, there was something far more serious, as you explained. not so? you would have told him about this. >> my lady, everything i'm stating to the court i stated to. i was very pleased with his professional conduct. >> i'm going to make your statement available and then read it to you. it is 830. there are other things as well. but let's deal with that. >> we're listening to the court case of course of oscar pistorius charged with the murder of his girlfriend reeva steenkamp. just at the moment the defense is asking the court to pass around the statement provided by michel berger, the witness in the stand at the moment. the statement that she gave to police after the killing of reeva steenkamp. because what b
you can't portray in court. you can't explain it. you just noe woman's life was really threatened. >> we're going to deal with that. that's very easy and would have been very easy to talk about. when it sits with you and you depose to your affidavit that it's very, very experienced policeman you would tell him about it and say, whoa, there was something far more serious, as you explained. not so? you would have told him about this. >> my lady, everything i'm stating to the court i...
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Mar 23, 2014
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chair on the court. >> you are very kind. when people used to go through my resume like that when they were introducing me for something, i used to get up to the podium and say, well, now you know my secret. i cannot keep a job. [laughter] but i think my new job has solved that. [laughter] so, no longer. >> [laughter] very good. i'm relieved to hear that. >> [laughter] >> so let's start again. when you were a kid, what were your first thoughts about what job you wanted to have when you grew up? >> i'm not sure i remember all that well. i had my years when i was going to be a famous tennis player and stuff like that. i was a voracious reader, so i definitely thought i wanted -- being a writer seemed a good thing to me. being a lawyer, honestly, did not post out my father was a lawyer -- did not. my father was a lawyer. when i think about the kind of law that he practiced now, i very much understand why he had fun in the profession and why it was so meaningful to him, but i have to say that as a kid it did not seem that excitin
chair on the court. >> you are very kind. when people used to go through my resume like that when they were introducing me for something, i used to get up to the podium and say, well, now you know my secret. i cannot keep a job. [laughter] but i think my new job has solved that. [laughter] so, no longer. >> [laughter] very good. i'm relieved to hear that. >> [laughter] >> so let's start again. when you were a kid, what were your first thoughts about what job you wanted...
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Mar 29, 2014
03/14
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in the bowen case in this court, the court accepted the sincerity of the belief that the use of the child's social security number would offend religious belief and commitments, but said they still had to make a judgment about whether that was a substantial burden. so it does have to be, with all due respect, part of the analysis. >> i still don't understand how hhs exercised its judgment to grant the exemption to nonreligious corporations if you say it was not compelled by rfra. >> i don't think -- >> then it must have been because the health care coverage was not that important. >> it didn't grant an exemption to any nonreligious organizations, justice kennedy. it granted an exemption to churches, and that was it. with respect to religious nonprofits, it constructed an accommodation, but the accommodation delivers the contraceptive coverage to the employees of the nonprofits. it just does it through an indirect means. but there is no diminution of there's no basis for questioning the government's interest with respect to that accommodation because the employees get the coverage, just as t
in the bowen case in this court, the court accepted the sincerity of the belief that the use of the child's social security number would offend religious belief and commitments, but said they still had to make a judgment about whether that was a substantial burden. so it does have to be, with all due respect, part of the analysis. >> i still don't understand how hhs exercised its judgment to grant the exemption to nonreligious corporations if you say it was not compelled by rfra. >>...
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Mar 8, 2014
03/14
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in making that determination on page 318 of this court's opinion in atkins this court after reciting footnote 3 the virtual identical clinical definitions of mental retardation and in footnote 5 pointing out that 70 to 75 is the establish cutoff for mental retardation, this court said the following. quote clinical definitions of mental retardation require and it recited the three tests. because of their impairments, mentally retarded persons by definition, that is by the clinical definition, have diminished capacities to understand and they recited all the disabilities that made the imposition of the death penalty for persons with that clinical condition unconstitutional. as to what the states did, the court did refer to i believe 18 state statutes. not a single one of the state statutes and not a single decision of the highest court of any state or any court in any state applied 70 or two standard deviations from the mean without reference to the sem. the only statute that addressed it in 2002 when this court decided atkins was arizona which expressly provided that the sem must be t
in making that determination on page 318 of this court's opinion in atkins this court after reciting footnote 3 the virtual identical clinical definitions of mental retardation and in footnote 5 pointing out that 70 to 75 is the establish cutoff for mental retardation, this court said the following. quote clinical definitions of mental retardation require and it recited the three tests. because of their impairments, mentally retarded persons by definition, that is by the clinical definition,...
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Mar 22, 2014
03/14
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>> the fisa court operates differently than regular court, that means only the government is there. there is not a party on the other side. other than that we are briefing the legal issues in the same way as a regular proceeding where there's a party on the other side so we have an obligation to persuade the court is that the collection under 702 is lawful and complies with the fourth amendment and explain to the chair that the minimization procedures comply with the fourth amendment so we would reach that issue at explaining for the amendment procedures in the core issue's opinions and has issued opinions going through the fourth amendment analysis finding that 702 collection including minimization targeting procedures meet fourth amendment standards so it is a full look regular legal briefing on that. >> if i could add something to that, it is typical in matters that involve the collection of evidence for these proceedings to be conducted, wiretap or search warrant applications are all done x party even if they happen to present significant legal issues. there's nothing novel in t
>> the fisa court operates differently than regular court, that means only the government is there. there is not a party on the other side. other than that we are briefing the legal issues in the same way as a regular proceeding where there's a party on the other side so we have an obligation to persuade the court is that the collection under 702 is lawful and complies with the fourth amendment and explain to the chair that the minimization procedures comply with the fourth amendment so...
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Mar 31, 2014
03/14
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ALJAZAM
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he denied the charms and made a plea to the courts. he pled to be able to leave the country to visit his ailing mother in dubai, and asked to go to dubai to receive medical treatment. the court is expected to reconvene at 9 gmt on whether the former military ruler will be able to leave the county. >> we have seen a couple of protests demanding the release of the mormer president. in -- former president. in reality, how much support does pervez musharraf have? >> on the streets i would say relatively little. the reality is over the past year pervez musharraf has cast a strange shadow over the country. he was in control of pakistan for a decade, a very powerful man with a tumultuous time in office. really, since his arrival last year, or a year ago to save the country, he's struggled to save himself and has become a bit of a joke in some circles, saying that he's failed to achieve anything that he tried to achieve in this country. he's facing serious charges. he's been indicted, we are a long way from treatment or conviction. if he is co
he denied the charms and made a plea to the courts. he pled to be able to leave the country to visit his ailing mother in dubai, and asked to go to dubai to receive medical treatment. the court is expected to reconvene at 9 gmt on whether the former military ruler will be able to leave the county. >> we have seen a couple of protests demanding the release of the mormer president. in -- former president. in reality, how much support does pervez musharraf have? >> on the streets i...
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Mar 5, 2014
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court had done. they got rid of the death penalty. and that district court decision was upheld by president bush's appointees. i'm sorry, the district court opinion was issued by a -- the first president bush, h.w. bush and the third circuit court decision that upheld it was composed of two reagan appointees, including one of the most jailous jurists of all time, john sriica. it's interesting. a person who wrote an op-ed piece in "the wall street journal" not long ago who was the district attorney chose not to receipt the death penalty even though he's writing op-ed pieces about what a bad guy a man who had nothing to do with the case. the defendant in 2011 was resentenced to life in prison without parole, the death penalty was gone. but how can we engage in guilt by association? i repeat, the nominee did not step into a courtroom, a courtroom, for the murderer. he did not write one word in any brief for the murderer, not one. he worked at the naacp and oversaw the litigation and signed the brief thi
court had done. they got rid of the death penalty. and that district court decision was upheld by president bush's appointees. i'm sorry, the district court opinion was issued by a -- the first president bush, h.w. bush and the third circuit court decision that upheld it was composed of two reagan appointees, including one of the most jailous jurists of all time, john sriica. it's interesting. a person who wrote an op-ed piece in "the wall street journal" not long ago who was the...
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Mar 30, 2014
03/14
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well, if he admires the pope, he should go to court.ely what we have. >> do you think it's hypocritical for the president to meet with the pope the same weakest fighting hobby lobby in the united states supreme court? >> well, let's just say it's inconsistent to go to rome and say i admire you, but the things you you teach, i'm going to try to suppress. which are the things the lawyer just said. this is about religion being suppressed by government. >> what about the fact that the president was all smiles with the pope and yet, i understand there was a meeting with cardinal dolan and there was a promisor a claim that religious freedom wouldn't be affected by obama care? >> this is exactly what it gets back to. when cardinal dolan was the head of the bishop's conference, he met with the president, there was a meeting in the white house and told him you have nothing to worry about, religious concerns will be dealt with. he didn't do t he changed it like your policy, you can keep it. apparently if you like your religion, i'm going to try a
well, if he admires the pope, he should go to court.ely what we have. >> do you think it's hypocritical for the president to meet with the pope the same weakest fighting hobby lobby in the united states supreme court? >> well, let's just say it's inconsistent to go to rome and say i admire you, but the things you you teach, i'm going to try to suppress. which are the things the lawyer just said. this is about religion being suppressed by government. >> what about the fact that...
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Mar 6, 2014
03/14
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district court judge set bail at $100,000. entire -- >> they wanted to break me. >> there was enormous feeling for angela everywhere in the world. >> we know she is innocent. >> we went to tell that pharaoh in washington to let angela davis go free. >> what they're doing is an exaggerated form of what happens every day to black people in this country. >> angela! free angela! >> what does it mean to be a criminal and the society? >> they're not going to kill her or imprison her. we're going to win her freedom. documentary on angela davis. the making of that documentary from the film maker approached you wanting to do what? in making interested a film about the trial. i had previously been aware of her work because she did a --derful film >> who ran for president. >> the first black woman to run for president in this country, yes. i have been approached many times by people who wanted to do films, but have been reluctant. i did not think it would be fair productive to have a film properly focused on me. i knew shola lynch wanted
district court judge set bail at $100,000. entire -- >> they wanted to break me. >> there was enormous feeling for angela everywhere in the world. >> we know she is innocent. >> we went to tell that pharaoh in washington to let angela davis go free. >> what they're doing is an exaggerated form of what happens every day to black people in this country. >> angela! free angela! >> what does it mean to be a criminal and the society? >> they're not...
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Mar 31, 2014
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so the court putting it in the local court as far as permission to travel overseas is concerned. >> againtell us about those charges and the fact that he could be facing the death penalty and what he's responsible for? >> reporter: well, first of all, the i.d. came on five counts. this is unprecedented because for earlier no pakistani ruler has been indicted on charges of treason under article 6 of the constitution, which could carry the death penalty or life in prison. however, most observers believe that president musharraf was not alone. now as the child gets under way formally, he has a right to appeal. he'll have to file an appeal, and it will be interesting developments over the next few months. now the ball is in the government's court, whether they will allow him to leave or not is yet another question. >> kamal, thank you, in inlamb bad. >>> the international court of justice has ordered japan to stop hunting whales in the antarctic. japan's whaling program was commercial activity disguised as science. they have killed more than 10,000 whales since 1986. live in sydney, how does
so the court putting it in the local court as far as permission to travel overseas is concerned. >> againtell us about those charges and the fact that he could be facing the death penalty and what he's responsible for? >> reporter: well, first of all, the i.d. came on five counts. this is unprecedented because for earlier no pakistani ruler has been indicted on charges of treason under article 6 of the constitution, which could carry the death penalty or life in prison. however,...
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Mar 8, 2014
03/14
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guilty of war from the international criminal court's verdict for congo militia leader. that is just as the mastermind behind the white house cat and he'll say no. we start with a volatile situation in ukraine where a tense standoff continues in crimea. i did the authorities didn't go with the authorities said they will hold a referendum to officially become part of russia ukraine interim prime minister says he's ready to talk with moscow. to me it's a milk says he is open to negotiations but only after russia withdraws its troops from crimea. ukrainian officials say thousands of russian troops have been deployed to the crimean peninsula and are showing no sign of leaving while meanwhile the speaker of russia's parliament said he would welcome any decision by crimea to join the russian federation crimean parliamentarians received a warm welcome from russian lawmakers in moscow in the crimean is came seeking official support for their decision to hold the referendum. and they found it. we adopted a resolution to join the russian federation and the ball is in your court. h
guilty of war from the international criminal court's verdict for congo militia leader. that is just as the mastermind behind the white house cat and he'll say no. we start with a volatile situation in ukraine where a tense standoff continues in crimea. i did the authorities didn't go with the authorities said they will hold a referendum to officially become part of russia ukraine interim prime minister says he's ready to talk with moscow. to me it's a milk says he is open to negotiations but...
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Mar 7, 2014
03/14
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check back in court on the twenty ourteen use the dublinos district court. the jury sent a former accountant that undline your football team knocks guilty for achieving his contract shown how kids who had to miss the changing his father percent guilty of manslaughter on the grounds of diminished responsibility nineteen year old sean package. through my new team which won an oscar taken was accused of murdering his father now which is their family who might say a hard and shiny read the fourth two thousand and thirteen. sean pack and admitted be on lawful killing of a sixty year old father in the shop twice in the head with a hunting rifle. the teenager candy it's almost vomitted after breaking up with a scare a friend and his lawyers argued that he was guilty of manslaughter not murder because he was mentally ill twenty county that the shooting the prosecution rejected the defence saying sean heck it was a wicked them in the pit of them have been greedy selfish and murdering its father in order to get over whatever upset he had in his life. the tyrone senior
check back in court on the twenty ourteen use the dublinos district court. the jury sent a former accountant that undline your football team knocks guilty for achieving his contract shown how kids who had to miss the changing his father percent guilty of manslaughter on the grounds of diminished responsibility nineteen year old sean package. through my new team which won an oscar taken was accused of murdering his father now which is their family who might say a hard and shiny read the fourth...
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Mar 19, 2014
03/14
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monetary fund is in court in cairns today. to my garden is being questioned in a corruption case that reaches all the way up the former french president was seeking. johnny as yard false start in the port of sebastian full with real russian flags are now reportedly flying at the entrance to ukraine's and navy headquarters as follows earlier reports that said pro russian forces had stormed the navy hq. ukrainian prime minister is now saying the situation in crimea has escalated from the political conflict to a military one on tuesday the first ukrainian soldier was killed in the region and as our oliver fairy reports the prime minister says russia is to blame ukrainian please care of the army barracks when they're there and she is the ukrainian soldier became the first casualty of the crimean conflict. the man was reportedly shot dead during a standoff between ukrainian troops and all known forces out but there's no can say that so armed masked men stormed a senate seat. somare has rushed in. we rolled the windows and made ever
monetary fund is in court in cairns today. to my garden is being questioned in a corruption case that reaches all the way up the former french president was seeking. johnny as yard false start in the port of sebastian full with real russian flags are now reportedly flying at the entrance to ukraine's and navy headquarters as follows earlier reports that said pro russian forces had stormed the navy hq. ukrainian prime minister is now saying the situation in crimea has escalated from the...
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Mar 26, 2014
03/14
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what the court heard today is the if it was to find for plaintiffs, it would be the first time the courts of this country had proactively extinguish the right of any american. this is about all women, women's health, women's freedom. we are the 99% and we will not have our rights extinguished. our bodies are not our boss's business. >> i am the president of planned parenthood. i am proud to be here on behalf of the 3 million patients we see every year. what we saw today was the importance of having women on the supreme court. i was so proud to be here to have the justices talk about that what is at stake is whether millions of women and the right to preventive care is trumped by handful of ceos who have their own personal opinions about birth control. it was a wonderful day for women and i believe this court understood that women have the right to make their own decisions about their health care and birth control. it is not their bosses decision. what wanted to see organizations covering the high court today heard during argument. supreme court signal support for corporate religious claim
what the court heard today is the if it was to find for plaintiffs, it would be the first time the courts of this country had proactively extinguish the right of any american. this is about all women, women's health, women's freedom. we are the 99% and we will not have our rights extinguished. our bodies are not our boss's business. >> i am the president of planned parenthood. i am proud to be here on behalf of the 3 million patients we see every year. what we saw today was the importance...
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Mar 31, 2014
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prosecutors in central japan have appealed to the tokyo high court over a lower court's decision to grant a re trial. it's for a high profile death row inmate this is open district court last thursday to be well above its request for a re trial. the seventy year old man was released on the same day from a detention center in tokyo. he spent forty years in detention. in nineteen sixty six aka mother was convicted of killing four people in cheese or the city's central japan in their appeal she is okayy district prosecutors say they found problems with the district for its evaluation of the dna test results. they also say they cannot accept the court's claim that key pieces of evidence using these type of mother may have been fabricated by police and prosecutors on monday demanded that the decision to restart a trial be nullified the tokyo high court earlier rejected a complaint by prosecutors about the decision to release a mother. attention is now focused on how the high court will respond to the prosecutor's new request consumer prices in the eurozone are rising at the slowest pace in nea
prosecutors in central japan have appealed to the tokyo high court over a lower court's decision to grant a re trial. it's for a high profile death row inmate this is open district court last thursday to be well above its request for a re trial. the seventy year old man was released on the same day from a detention center in tokyo. he spent forty years in detention. in nineteen sixty six aka mother was convicted of killing four people in cheese or the city's central japan in their appeal she is...
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Mar 23, 2014
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>> next a conversation with supreme court justice elena kagan. then after joseph phillips on being a conservative in hollywood. then the white house medal of honor ceremony. ," karenewsmakers ignagni president and ceo of america's health insurance plans. she will offer the insurance industry perspective on the affordable care act including delays and how the act has affected competition. here are some of her comments. create a lower tier so people could gradually get into the program so they would be part of the risk cool, so we , so we dorisk pool. -- hold the healthier people outside. we have the healthy and the sick. just from a human natures perspective, it make sense. >> wouldn't healthier people congregate in the lowest tier? >> we are not seeing that. we have the bronze, silver, and gold areas by that hypothesis you would expect a high number of people to buy bronze. instead we see more in silver. the point is, people are choosing. what i would do is give people more choices. human nature suggests people like that. they are in more control
>> next a conversation with supreme court justice elena kagan. then after joseph phillips on being a conservative in hollywood. then the white house medal of honor ceremony. ," karenewsmakers ignagni president and ceo of america's health insurance plans. she will offer the insurance industry perspective on the affordable care act including delays and how the act has affected competition. here are some of her comments. create a lower tier so people could gradually get into the program...
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Mar 2, 2014
03/14
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supreme court justice clarence thomas is an embarrassment and demeans the court, those strong words fromior legal analyst jeffrey toobin. he writes for the nos"the new magazine and his piece about this. it has been exactly eight years since clarence thomas last posed a question during oral arguments. the other eight justices ask questions all the time of the lawyers presenting their cases to the court. it's how they figure out what the holes in the legal argument might be. according to jeffs this means thomas is tuned out. why do we hear so little about this in the press. joining me is jeffrey toobin and here in new york, jamal greene, professor at columbia law school. jeff, let me start with you, why do you think we don't hear more in the press from reporters other than you about this lack of questioning from clarence tom mass? >> i think the people who cover the court take it for granted and it is true that justice thomas, he votes like the other justices, he writes opinions in the way the other justices do, he writes the same number give or take, and the oral argument is certainly not
supreme court justice clarence thomas is an embarrassment and demeans the court, those strong words fromior legal analyst jeffrey toobin. he writes for the nos"the new magazine and his piece about this. it has been exactly eight years since clarence thomas last posed a question during oral arguments. the other eight justices ask questions all the time of the lawyers presenting their cases to the court. it's how they figure out what the holes in the legal argument might be. according to...
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Mar 20, 2014
03/14
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>> the fisa court operates differently than regular court, that means only the government is there. there is not a party on the other side. other than that we are briefing the legal issues in the same way as a regular proceeding where there's a party on the other side so we have an obligation to persuade the court is that the collection under 702 is lawful and complies with the fourth amendment and explain to the chair that the minimization procedures comply with the fourth amendment so we would reach that issue at explaining for the amendment procedures in the core issue's opinions and has issued opinions going through the fourth amendment analysis finding that 702 collection including minimization targeting procedures meet fourth amendment standards so it is a full look regular legal briefing on that. >> if i could add something to that, it is typical in matters that involve the collection of evidence for these proceedings to be conducted, wiretap or search warrant applications are all done x party even if they happen to present significant legal issues. there's nothing novel in t
>> the fisa court operates differently than regular court, that means only the government is there. there is not a party on the other side. other than that we are briefing the legal issues in the same way as a regular proceeding where there's a party on the other side so we have an obligation to persuade the court is that the collection under 702 is lawful and complies with the fourth amendment and explain to the chair that the minimization procedures comply with the fourth amendment so...
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Mar 7, 2014
03/14
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court and andrew harding, our africa correspondent inside the court. you can follow him at #andrewh. >>> still to come, when the justice system in china breaks down, angry citizens are taking their cases straight to beijing and its leaders. we meet some of them. but it's our job to find them. the answers. the solutions. the innovations. all waiting to help us build something better. something more amazing. a safer, cleaner, brighter future. at boeing, that's what building something better is all about. ♪ [ male announcer ] the rhythm of life. [ whistle blowing ] where do you hear that beat? campbell's healthy request soup lets you hear it in your heart. [ basketball bouncing ] heart healthy. [ m'm... ] great taste. [ tapping ] sounds good. campbell's healthy request. m'm! m'm! good.® inside every ricola drop, there's a magic herb blend. campbell's healthy request. the swiss call it: chrüterchraft. for powerful cough relief with a liquid menthol center that calms your cough. new ricola extra strength. ♪ riiiiicooolaaaa aye, or...a mornin' of tiny voices
court and andrew harding, our africa correspondent inside the court. you can follow him at #andrewh. >>> still to come, when the justice system in china breaks down, angry citizens are taking their cases straight to beijing and its leaders. we meet some of them. but it's our job to find them. the answers. the solutions. the innovations. all waiting to help us build something better. something more amazing. a safer, cleaner, brighter future. at boeing, that's what building something...