Decorated Australian veteran loses his defamation appeal over killings in Afghanistan
Australia's most decorated living war veteran Ben Roberts-Smith on Friday lost his appeal of a civil court ruling that blamed him for unlawfully killing four Afghans while he served in Afghanistan.
Three federal court judges unanimously rejected his appeal of a judge's ruling in 2023 that Roberts-Smith was not defamed by newspaper articles published in 2018 that accused him of a range of war crimes.
Justice Anthony Besanko had ruled that the accusations were substantially true to a civil standard and Roberts-Smith was responsible for four of the six unlawful deaths he had been accused of.
Roberts-Smith has never faced criminal charges, which must be proven to the higher standard of beyond reasonable doubt.
He was not in the Sydney court Friday to hear the ruling and his lawyers refused to comment. They have a final option of appealing to the High Court.
Roberts-Smith, 46, is a former Special Air Service Regiment corporal who was awarded the Victoria Cross and Medal for Gallantry for his service in Afghanistan. Around 39,000 Australians soldiers served in Afghanistan and 41 were killed.
His SAS colleagues are among those calling for him to become the first of Australia's Victoria Cross winners to be stripped of the highest award for gallantry in battle.
Roberts-Smith has been financially supported by Australian billionaire Kerry Stokes whose media business Seven West Media is a rival of Nine Entertainment that published the articles that Roberts-Smith argued defamed him.
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Associated Press
4 hours ago
- Associated Press
Trump banned travel from 12 countries, but included some exceptions to avoid legal battles
MIAMI (AP) — The new travel ban on citizens of 12 countries that restricted access to people from seven others includes some exceptions, part of the administration's efforts to withstand the legal challenges that a similar policy known as the 'Muslim ban' faced during Donald Trump's first administration. The ban announced Wednesday applies to people from Afghanistan, Myanmar, Chad, the Republic of Congo, Equatorial Guinea, Eritrea, Haiti, Iran, Libya, Somalia, Sudan and Yemen. The restrictions are for people from Burundi, Cuba, Laos, Sierra Leone, Togo, Turkmenistan and Venezuela, who are outside the United States and don't hold a visa. Some exceptions apply only to specific countries, like Afghanistan. Others are for most of the countries on the list, or are more general and unclear, like the policies for foreign visitors planning to come to the U.S. for the 2026 World Cup and 2028 Los Angeles Olympics, two of the events President Donald Trump has said he is more excited to host. Some experts agree that the current ban includes exceptions and has fixed some issues that were subject to litigation in the first travel ban. 'Absolutely, the administration is trying to avoid the problems that they had with the first proclamation,' said Jeff Joseph, president-elect at the American Immigration Lawyers Association. He anticipated, nonetheless, that lawsuits are 'going to come anyway.' In one of the most confusing moments of his first administration, Trump issued an executive order in 2017 banning travel to the U.S. by citizens of seven predominantly Muslim countries, including Iraq, Syria, Iran, Libya, Somalia and Yemen. People from those countries were barred from getting on flights to the U.S. or detained at U.S. airports after landing. Among them were students, faculty, businesspeople, tourists and people visiting family. The order, dubbed as 'Muslim ban' by critics, faced legal challenges in the courts for about a year and was amended twice after opponents argued in the courts that it was unconstitutional and illegal. A version of the first travel ban was upheld by the Supreme Court in 2018. The new ban takes effect Monday at 12 a.m. It does not have an end date. Who is exempt from the new travel ban? __Green card holders __Dual citizens, including U.S. citizens who have citizenship of the banned countries __Some athletes and their coaches traveling to the U.S. for the World Cup, Olympics or other major sporting events __Afghans who worked for the U.S. government or its allies in Afghanistan or are holders of special visas __Iranians from an ethnic or religious minority who are fleeing prosecution __Certain foreign national employees of the U.S. government that have served abroad for at least 15 years, and their spouses and children __People who were granted asylum or admitted to the U.S. as refugees before the travel ban took effect __People with U.S. family members who apply for visas in connection with their spouses, children or parents __Diplomats and foreign government officials on official visits __People traveling to the U.N. headquarters in New York on official U.N. business __Representatives of international organizations and NATO on official visits in the United States __Children adopted by U.S. citizens Trump said nationals of the countries included in the ban pose 'terrorism-related' and 'public safety' risks, as well as risks of overstaying their visas. Some of these countries, he said, had 'deficient' screening or have refused to take back their citizens. The Proclamation includes exceptions for lawful permanent residents, existing visa holders, certain visa categories and individuals whose entry serves U.S. national interests. What is different from the 2017 ban? Critics of the 2017 ban said that it was racial and targeted Muslim countries. Now the policy is broader and includes countries like Cuba, Haiti and Venezuela — nations that don't have many Muslims. This will make the argument about racial animus, said Joseph, the immigration attorney. The government has also included potential end dates, and the State Department will evaluate the proclamation every 90 days and determine if it should be extended. Is the list final, or could it be changed? The list can be changed, the administration said in a document, if authorities in the designated countries make 'material improvements' to their own rules and procedures. New countries can be added 'as threats emerge around the world.' Exemptions for Afghans The travel ban has barred most Afghans hoping to resettle in the U.S. permanently and those hoping to come temporarily, but there are several exemptions. One of them is for special immigrant visa holders who supported the United States' two-decades-long war in Afghanistan. Another exception applies to all countries on the travel ban and allows spouses, children and parents of U.S. citizens to enter the U.S. The U.S. government can decide to admit or decline their entrance on a case-by-case basis, considering if they serve a 'United States national interest.' How does it affect the World Cup, Olympics and fans? Iran, a soccer power in Asia, is the only targeted country to qualify so far for the World Cup that will be co-hosted by the United States, Canada and Mexico next year. Cuba, Haiti and Sudan are in contention. Sierra Leone might stay involved through multiple playoff games. Burundi, Equatorial Guinea and Libya have very outside shots. But all should be able to send teams if they qualify because the new policy makes exceptions for 'any athlete or member of an athletic team, including coaches, persons performing a necessary support role, and immediate relatives, traveling for the World Cup, the Olympics, or other major sporting event as determined by the secretary of state.' About 200 countries could send athletes to the Summer Games, including those targeted in the travel restrictions, and the exceptions should apply to them if the ban is still in place in its current form. Fans from the target countries willing to travel to the World Cup and the Olympics are not mentioned in the exceptions. Traveling from abroad for the World Cup and the Summer Games is expensive. In many cases, those who can afford the travel are wealthy individuals or people living in the diaspora, who may have different visa options. ___
CNN
5 hours ago
- CNN
Trump's travel ban allows athletes from affected nations into US for the World Cup and Olympics. Fans may be stuck at home
President Donald Trump's latest travel limitations may keep fans from the 19 named nations from seeing their athletes compete in some of the globe's most important sporting events in the next several years, even if the on-field competition won't be affected. The president's proclamation does not appear to have a major immediate impact on planning for the World Cup, 2028 Summer Olympics or other major international sporting events scheduled for his second term in office as athletes, coaches, support staff and immediate family members will still be able to enter the country. But fans from those nations now face an even more uphill battle to see games in person, despite members of the Trump administration encouraging the world to come to the US for these global events. Trump's travel ban fully restricts travel from Afghanistan; Myanmar, also known as Burma; Chad; Republic of the Congo; Equatorial Guinea; Eritrea; Haiti; Iran; Libya; Somalia; Sudan; and Yemen. There are partial restrictions for Burundi, Cuba, Laos, Sierra Leone, Togo, Turkmenistan and Venezuela. But there are exceptions carved out in the proclamation, including for athletes, coaches, important staffers and immediate family for athletes traveling to the US for the World Cup, Olympics and 'other major sporting event as determined by the Secretary of State.' The proclamation also states that people who have existing visas to be in the United States will not have their visas revoked as a part of the travel ban. That means the Iranian national team – which has already qualified for the 2026 World Cup – will be able to play in the tournament, as would Sierre Leone, Sudan, Libya, Burundi, Venezuela, Cuba and Haiti should those teams qualify. Those nations are still in the fight for qualification for the World Cup as the tournament field becomes clearer. The Republic of the Congo, Equatorial Guinea, Eritrea, Chad, Togo and Somalia all appear to be longshots for World Cup qualification and Afghanistan, Laos, Myanmar, Yemen and Turkmenistan have already been eliminated. While the teams, their staffs and their immediate family would be able to travel to the US for the tournament, the travel ban would likely keep most of their fans from coming into the country for any games. With the tournament being hosted by the US, Mexico and Canada, fans from the affected nations may be able to still travel to cheer on their teams in the tournament should they be scheduled in either Mexico or Canada. With qualification still ongoing, those fans won't know if that will happen for quite some time – qualification for the tournament doesn't wrap up until later this year and the drawing of teams into groups won't happen until that is done. The US visa process for fans of the affected nations is already arduous and, even without a ban in place, the approvals would take time. There are already concerns over how long approvals for visas into the US may take for fans hoping to see World Cup action. There are 42 countries that are a part of the US visa waiver program, meaning their citizens are allowed to stay in the country for up to 90 days for tourism or business without a formal visa. Some of the countries that are most synonymous with the men's World Cup – defending champion Argentina, five-time winner Brazil, Colombia, Uruguay and even tournament co-host Mexico – are not a part of that program. While the Trump administration has promised to speed up visa approvals for fans looking to cheer on their teams, the lengthy review process for nations that are not in the visa waiver program might have kept fans from the 19 nations affected by the proclamation from coming to the US anyway. When asked specifically about whether fans from Iran and other affected nations would be given exemption from the travel ban for the World Cup, State Department principal deputy spokesman Thomas Pigott demurred. 'Both people that are coming and Americans would hope that we can have confidence that when people come to United States, when they come, that they are properly vetted,' Pigott told reporters on Thursday. 'I think this goes to the exact same consideration. I think this is part of what it means to host an event of this magnitude, to make sure that we can have that confidence. And again, we're in constant communication with countries about ways that we can see the vetting process we need to see, have that collaboration, make sure that we're having those security concerns addressed.' In a response to CNN Sports' question Friday on whether fans should expect to not be able to come to the US for the World Cup or Olympics, a State Department spokesperson said, 'We are implementing the President's directive to secure U.S. borders and protect American communities and citizens. We are not going to get into hypotheticals or specific cases about application of the Proclamation.' Athletes already in the US, such as the many Venezuelans and Cubans who play in Major League Baseball, are exempted from the travel ban. When asked about these athletes, the White House pointed toward the section of the proclamation that states 'no immigrant or nonimmigrant visa issued before the applicable effective date of this proclamation shall be revoked pursuant to this proclamation.' Many foreign athletes who play in the United States do so under the P-1A visa and those are valid for five years. There are still some unanswered questions about the travel ban and its effect on international sporting events held in the US. While the World Cup and Olympics are specifically spelled out in the proclamation, other tournaments – like soccer's Gold Cup or track and field meets – are not. CNN has reached out to the State Department for additional information on how the secretary of State would determine what constitutes a major sporting event and what the timeline for that decision would look like. The Trump administration has made it clear that it wants foreign visitors to come to the US for the World Cup and Olympics, but immigration concerns remain top of mind, as evidenced by a comment Vice President JD Vance made last month during the first meeting of the White House's World Cup task force. 'I know we'll have visitors, probably from close to 100 countries,' said Vance. 'We want them to come. We want them to celebrate. We want them to watch the game. But when the time is up, they'll have to go home. Otherwise, they'll have to talk to (Homeland Security) Secretary (Kristi) Noem.' Noem's department includes Immigration and Customs Enforcement (ICE), which is responsible for deportations out of the US. Organizers of LA 2028 said at a news conference on Thursday that they were confident the travel ban will not affect the Summer Olympics and appreciated the federal government for recognizing the Games' importance. 'It was very clear in the directive that the Olympics require special consideration and I actually want to thank the federal government for recognizing that,' LA28 Chairman and President Casey Wasserman said, according to the Associated Press. 'It's very clear that the federal government understands that that's an environment that they will be accommodating and provide for,' he said. 'We have great confidence that that will only continue. It has been the case to date and it will certainly be the case going forward through the games.' The US Travel Association said in a statement that, while the proportion of annual foreign visitors affected by the ban is just 0.5%, the major global events taking place in the US over the next few years represent an opportunity to attract new visitors to the US. 'The travel industry supports policies that make the United States both secure and welcoming. In some instances, this is a challenging balance to achieve, and we respect the administration's efforts,' the association told CNN Sports in a statement.
CNN
5 hours ago
- CNN
Trump's travel ban allows athletes from affected nations into US for the World Cup and Olympics. Fans may be stuck at home
President Donald Trump's latest travel limitations may keep fans from the 19 named nations from seeing their athletes compete in some of the globe's most important sporting events in the next several years, even if the on-field competition won't be affected. The president's proclamation does not appear to have a major immediate impact on planning for the World Cup, 2028 Summer Olympics or other major international sporting events scheduled for his second term in office as athletes, coaches, support staff and immediate family members will still be able to enter the country. But fans from those nations now face an even more uphill battle to see games in person, despite members of the Trump administration encouraging the world to come to the US for these global events. Trump's travel ban fully restricts travel from Afghanistan; Myanmar, also known as Burma; Chad; Republic of the Congo; Equatorial Guinea; Eritrea; Haiti; Iran; Libya; Somalia; Sudan; and Yemen. There are partial restrictions for Burundi, Cuba, Laos, Sierra Leone, Togo, Turkmenistan and Venezuela. But there are exceptions carved out in the proclamation, including for athletes, coaches, important staffers and immediate family for athletes traveling to the US for the World Cup, Olympics and 'other major sporting event as determined by the Secretary of State.' The proclamation also states that people who have existing visas to be in the United States will not have their visas revoked as a part of the travel ban. That means the Iranian national team – which has already qualified for the 2026 World Cup – will be able to play in the tournament, as would Sierre Leone, Sudan, Libya, Burundi, Venezuela, Cuba and Haiti should those teams qualify. Those nations are still in the fight for qualification for the World Cup as the tournament field becomes clearer. The Republic of the Congo, Equatorial Guinea, Eritrea, Chad, Togo and Somalia all appear to be longshots for World Cup qualification and Afghanistan, Laos, Myanmar, Yemen and Turkmenistan have already been eliminated. While the teams, their staffs and their immediate family would be able to travel to the US for the tournament, the travel ban would likely keep most of their fans from coming into the country for any games. With the tournament being hosted by the US, Mexico and Canada, fans from the affected nations may be able to still travel to cheer on their teams in the tournament should they be scheduled in either Mexico or Canada. With qualification still ongoing, those fans won't know if that will happen for quite some time – qualification for the tournament doesn't wrap up until later this year and the drawing of teams into groups won't happen until that is done. The US visa process for fans of the affected nations is already arduous and, even without a ban in place, the approvals would take time. There are already concerns over how long approvals for visas into the US may take for fans hoping to see World Cup action. There are 42 countries that are a part of the US visa waiver program, meaning their citizens are allowed to stay in the country for up to 90 days for tourism or business without a formal visa. Some of the countries that are most synonymous with the men's World Cup – defending champion Argentina, five-time winner Brazil, Colombia, Uruguay and even tournament co-host Mexico – are not a part of that program. While the Trump administration has promised to speed up visa approvals for fans looking to cheer on their teams, the lengthy review process for nations that are not in the visa waiver program might have kept fans from the 19 nations affected by the proclamation from coming to the US anyway. When asked specifically about whether fans from Iran and other affected nations would be given exemption from the travel ban for the World Cup, State Department principal deputy spokesman Thomas Pigott demurred. 'Both people that are coming and Americans would hope that we can have confidence that when people come to United States, when they come, that they are properly vetted,' Pigott told reporters on Thursday. 'I think this goes to the exact same consideration. I think this is part of what it means to host an event of this magnitude, to make sure that we can have that confidence. And again, we're in constant communication with countries about ways that we can see the vetting process we need to see, have that collaboration, make sure that we're having those security concerns addressed.' In a response to CNN Sports' question Friday on whether fans should expect to not be able to come to the US for the World Cup or Olympics, a State Department spokesperson said, 'We are implementing the President's directive to secure U.S. borders and protect American communities and citizens. We are not going to get into hypotheticals or specific cases about application of the Proclamation.' Athletes already in the US, such as the many Venezuelans and Cubans who play in Major League Baseball, are exempted from the travel ban. When asked about these athletes, the White House pointed toward the section of the proclamation that states 'no immigrant or nonimmigrant visa issued before the applicable effective date of this proclamation shall be revoked pursuant to this proclamation.' Many foreign athletes who play in the United States do so under the P-1A visa and those are valid for five years. There are still some unanswered questions about the travel ban and its effect on international sporting events held in the US. While the World Cup and Olympics are specifically spelled out in the proclamation, other tournaments – like soccer's Gold Cup or track and field meets – are not. CNN has reached out to the State Department for additional information on how the secretary of State would determine what constitutes a major sporting event and what the timeline for that decision would look like. The Trump administration has made it clear that it wants foreign visitors to come to the US for the World Cup and Olympics, but immigration concerns remain top of mind, as evidenced by a comment Vice President JD Vance made last month during the first meeting of the White House's World Cup task force. 'I know we'll have visitors, probably from close to 100 countries,' said Vance. 'We want them to come. We want them to celebrate. We want them to watch the game. But when the time is up, they'll have to go home. Otherwise, they'll have to talk to (Homeland Security) Secretary (Kristi) Noem.' Noem's department includes Immigration and Customs Enforcement (ICE), which is responsible for deportations out of the US. Organizers of LA 2028 said at a news conference on Thursday that they were confident the travel ban will not affect the Summer Olympics and appreciated the federal government for recognizing the Games' importance. 'It was very clear in the directive that the Olympics require special consideration and I actually want to thank the federal government for recognizing that,' LA28 Chairman and President Casey Wasserman said, according to the Associated Press. 'It's very clear that the federal government understands that that's an environment that they will be accommodating and provide for,' he said. 'We have great confidence that that will only continue. It has been the case to date and it will certainly be the case going forward through the games.' The US Travel Association said in a statement that, while the proportion of annual foreign visitors affected by the ban is just 0.5%, the major global events taking place in the US over the next few years represent an opportunity to attract new visitors to the US. 'The travel industry supports policies that make the United States both secure and welcoming. In some instances, this is a challenging balance to achieve, and we respect the administration's efforts,' the association told CNN Sports in a statement.
