Latest news with #MiddleDistrict
Yahoo
2 days ago
- Politics
- Yahoo
Criminal trial put on hold after defendant challenges Alina Habba's legal authority
President Donald Trump's effort to keep his former defense attorney in charge of the U.S. attorney's office in New Jersey faces a new test after a man facing drug charges filed a motion challenging Alina Habba's authority to prosecute him. A federal judge in New Jersey on Monday put the man's trial on hold and transferred the legal challenge to a judge in the Middle District of Pennsylvania to determine if Habba has the legal authority to continue acting as the United States attorney for the District of New Jersey. Trump named Habba, one of his former personal attorneys, as New Jersey's interim U.S. attorney in March, but after the Senate did not take up her confirmation before the end of her 120-day interim term, a panel of federal judges last Tuesday appointed Assistant U.S. Attorney Desiree Leigh Grace to the permanent U.S. attorney spot. MORE: Habba set to remain as top prosecutor in New Jersey after White House maneuver Just hours later, the Justice Department fired Grace, after which the White House withdrew Habba's nomination in a procedural move to allow her to continue as the acting U.S. attorney for the state. "This Department of Justice does not tolerate rogue judges -- especially when they threaten the President's core Article II powers," Attorney General Pam Bondi said on social media last week after the panel of judges appointed Grace. Thomas Mirigliano, an attorney for Julien Giraud Jr., filed a motion Sunday to dismiss his client's case, arguing that Habba now "holds office unlawfully." Giraud Jr. was charged in 2021 with drug and weapons offenses. He pleaded not guilty and was set to go to trial on Aug. 4. "By circumventing the constitutionally mandated appointment procedures, and encroaching upon judicial powers explicitly granted by statute, the executive branch has exceeded its lawful authority," Mirigliano wrote. "Thus, all subsequent prosecutorial actions taken by Ms. Habba or any Assistant U.S. Attorneys relying on her purported authority lack constitutional legitimacy and must be deemed ultra vires." The legal challenge could have sweeping implications for defendants charged in the District of New Jersey, who may file similar motions to have their cases thrown out based on the lawfulness of Habba's appointment. After a brief conference Monday, U.S. District Judge Edward Kiel put Giraud Jr.'s trial date on hold while the motion moves through the courts. Because the federal bench in New Jersey played a role in replacing Habba, the issue was referred to Chief U.S. District Judge Matthew Brann of the Middle District of Pennsylvania. Mirigliano told ABC News that his decision to challenge Habba's authority was not political, and that his client hopes to defend himself in a fair trial. "I think it's something that, you know, needs to be dealt with in court and litigated," Mirigliano said. The New Jersey Globe was the first to report the legal development. A representative for the U.S. attorney's office in New Jersey did not immediately respond to a request for comment from ABC News.
Globe and Mail
5 days ago
- Business
- Globe and Mail
Robbins Geller Rudman & Dowd LLP Announces Proposed Settlement in the Tivity Health Securities Litigation
The following statement is being issued by Robbins Geller Rudman & Dowd LLP regarding the proposed Settlement in the Tivity Health Securities Litigation: UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF TENNESSEE IF YOU PURCHASED OR OTHERWISE ACQUIRED TIVITY HEALTH, INC. ('TIVITY HEALTH') COMMON STOCK BETWEEN MARCH 8, 2019, AND FEBRUARY 19, 2020, INCLUSIVE (THE 'CLASS PERIOD'), YOU COULD RECEIVE A PAYMENT FROM A CLASS ACTION SETTLEMENT. CERTAIN PERSONS ARE EXCLUDED FROM THE DEFINITION OF THE CLASS AS SET FORTH IN THE STIPULATION OF SETTLEMENT. PLEASE READ THIS NOTICE CAREFULLY. YOUR RIGHTS MAY BE AFFECTED BY A CLASS ACTION LAWSUIT PENDING IN THIS COURT. YOU ARE HEREBY NOTIFIED, pursuant to Rule 23 of the Federal Rules of Civil Procedure and an Order of the United States District Court for the Middle District of Tennessee, that in the above-captioned litigation (the 'Litigation'), a $17.05 million settlement has been proposed (the 'Settlement'). A hearing will be held on November 12, 2025, at 9:00 a.m., before the Honorable Waverly D. Crenshaw, Jr., at the United States District Court for the Middle District of Tennessee, Fred D. Thompson U.S. Courthouse and Federal Building, 719 Church Street, Nashville, TN 37203, for the purpose of determining, among other things, whether: (i) the proposed Settlement should be approved by the Court as fair, reasonable, and adequate; (ii) the proposed Plan of Allocation for distribution of the Settlement proceeds is fair, reasonable, and adequate, and therefore should be approved; and (iii) the application of Lead Counsel for the payment of attorneys' fees and expenses from the Settlement Fund, including interest earned thereon, and an award to Lead Plaintiff pursuant to 15 U.S.C. §78u-4(a)(4), should be granted. IF YOU ARE A MEMBER OF THE CLASS DESCRIBED ABOVE, YOUR RIGHTS WILL BE AFFECTED BY THE SETTLEMENT OF THE LITIGATION, AND YOU MAY BE ENTITLED TO SHARE IN THE NET SETTLEMENT FUND. You may obtain a copy of the Stipulation of Settlement, the Notice of Proposed Settlement of Class Action ('Notice'), and the Proof of Claim and Release form ('Proof of Claim') at or by contacting the Claims Administrator: Tivity Health Securities Litigation, Claims Administrator c/o Verita Global, P.O. Box 301171, Los Angeles, CA 90030-1171; 1-888-756-7630. If you are a Class Member, to be eligible to share in the distribution of the Net Settlement Fund, you must submit a Proof of Claim by mail postmarked no later than October 20, 2025, or electronically via the website by that date. If you are a Class Member and do not submit a valid Proof of Claim, you will not be eligible to share in the distribution of the Net Settlement Fund, but you will still be bound by any judgment entered by the Court in this Litigation (including the releases provided for therein). No further exclusion opportunity is being provided under the Settlement. Because no Class Member excluded themselves previously when notice was provided, you will be bound by any judgment entered by the Court in this Litigation (including the releases provided for therein) whether or not you submit a Proof of Claim. Any objection to the proposed Settlement, the Plan of Allocation, and/or the fee and expense application must be filed with the Court and sent to Lead Counsel and Defendants' Counsel no later than October 22, 2025, in the manner and form explained in the Notice. PLEASE DO NOT CONTACT THE COURT, THE CLERK'S OFFICE, DEFENDANTS, OR DEFENDANTS' COUNSEL REGARDING THIS NOTICE. If you have any questions about the Settlement, or your eligibility to participate in the Settlement, you may contact Lead Counsel at the following address:
Fox News
22-07-2025
- Fox News
Florida man arrested for allegedly threatening to 'kill everyone' on Epstein client list with machete
NEW You can now listen to Fox News articles! A Florida man who went on a furious social media rant regarding pedophile Jeffrey Epstein's client list has been arrested by federal authorities. A criminal complaint by the FBI filed in the Middle District of Florida accuses Terrell Bailey-Corsey of spouting off on X, claiming that he would use a machete to butcher people who were on Epstein's client list. Bailey-Corsey, in an online battle with X's AI tool Grok on July 15, allegedly made the threats from his account. RHODE ISLAND MAN CHARGED FOR ALLEGEDLY THREATENING TO KILL TRUMP, OTHER ADMINISTRATION OFFICIALS "Well @grok you're wrong. Everyone involved if I see them in real life I will KILL. On sight. With a machete so everyone can see the blood and gore of the moment. You can't fear death so you can't understand. I will KILL EVERYONE ON THE LIST.l ON SIGHT. AND THEY ABSOLUTELY DESERVE IT," one post said, according to the complaint. The complaint goes on to claim that Bailey-Corsey threatened three unnamed government officials. ""EVERY EPSTIEN APPOLOGIST KIDF------, DO NOT KNOW MY NAME, NEVER MEET ME IN PUBLIC BECAISE I WILL F------ KILL YOU.I WILL BEAT YOU UNTIL YOU BRG FOR YOUR LIFE AND THEN STILL F------ KILL YOU. [GOVERNMENT OFFICIAL 1, GOVERNMENT OFFICIAL 2, GOVERNMENT OFFICIAL 3] I WILL F------ KILL YOU ON SIGHT. YOU SATAN C--- S------. I WILL HEAR THE BLOOD GUGLE FROM YOUR LUNGS AS YOU ATTEMPT TO BREATHE. DO YOU SEE THIS? DO YOU UNDER F------ STAND? MY LIFE MEANS NOTHING. IF I COULD SEE YOU DEAD. IT WOULD BE WORTH IT ALL. FEAR GOD." BONDI UNDER SIEGE AFTER DOJ REVEALS NO EPSTEIN CLIENT LIST "IT'S TIME TO START KILLING POLITICIANS ON SIGHT," another post from that day said. The FBI also referenced posts sent between June 22 and July 15 that were violent and graphic in nature, calling for the killing of politicians. "i don't know what the solution is, but someone's gonna have to clean up a lot of blood when it's all over," one of those posts allegedly said. He made similar posts on Facebook, and threatened another government official in a video posted to that site, according to the complaint. JEFFREY EPSTEIN DIED BY SUICIDE, DID NOT HAVE CLIENT LIST: DOJ MEMO Recently, President Donald Trump, who campaigned on releasing files related to Epstein's alleged sex trafficking and pedophilia ring, ignited a firestorm when he and Attorney General Pam Bondi said the client list does not exist and that Epstein died by suicide. Bondi had previously said the list was on her desk and that she was reviewing it. The complaint said that Bailey-Corsey admitted to making the posts and expressed remorse, and that he "possessed a knife, machete, and bow and arrow." CLICK HERE TO GET THE FOX NEWS APP "Based on the foregoing information, I respectfully submit that probable cause exists to believe that Terell BAILEY knowingly transmitted in interstate commerce a true threat to injure the person of another, in violation of 18 U.S.C. § 875(c)," the complaint concluded. The Department of Justice did not immediately return a comment request.
Fox News
16-07-2025
- Politics
- Fox News
Abrego Garcia remains in US for now as judge takes case under advisement
Salvadorian migrant Kilmar Abrego Garcia appeared in federal court in Tennessee on Wednesday for a second detention hearing, after a federal judge agreed to hear an appeal from the Justice Department to keep him detained in criminal custody pending trial. The Justice Department's request to U.S. District Judge Waverly Crenshaw caps off months of confusing and contradictory statements from the Trump administration in the case of Abrego Garcia, who was erroneously deported to El Salvador in March in violation of a court order, and returned to the U.S. three months later in June. The acting U.S. attorney for the Middle District of Tennessee, Robert McGuire, urged Crenshaw in a court filing ahead of Wednesday's hearing to keep Abrego Garcia detained in criminal custody pending trial, arguing that "there is no combination of bail conditions that can reasonably assure either the safety of the community or the defendant's appearance in future court proceedings." Crenshaw wrapped the hearing after roughly three hours, telling both parties that he would take the case under advisement. He did suggest he will take his time in reviewing the evidence, however, telling lawyers for the Justice Department and Abrego Garcia that they should not expect a ruling imminently, or even this week. He did suggest he would issue an order next week shortly before adjourning court. The longer timeline is likely a welcome relief for Abrego Garcia's lawyers as they continue to wait for U.S. District Judge Paula Xinis, the federal judge in Maryland, to issue an order blocking ICE from immediately deporting their client to a third country pending release from U.S. criminal custody. Judge Xinis, who has presided over the civil case since March, suggested after a days-long evidentiary hearing Friday that she planned to issue a temporary restraining order requiring ICE to keep Abrego Garcia in custody for a set amount of time before they can deport him to a third country, such as Mexico or South Sudan, as officials indicated last week that they plan to do. Much of Wednesday's hearing played out similarly to Abrego's arraignment in June, led by U.S. Magistrate Judge Barbara Holmes. Judge Holmes had ruled that Abrego Garcia should be released pending trial in the criminal case, though she later agreed to a request from his attorneys to keep him in federal custody to avoid deportation. Holmes later amended her order to allow Abrego Garcia to be kept in federal custody at the request of his own legal team. His lawyers cited concerns that ICE would immediately take him into immigration custody and deport him to a third country upon his release. As the hearing on Wednesday stretched into its third hour, there appeared to be scant new evidence or testimony provided that might compel Crenshaw to break with Holmes's original determination, that Abrego should be released pending trial. Crenshaw told the Justice Department that he's having a "hard time understanding" the government's argument that there is "clear and convincing evidence" that "no conditions" set by a community could control the danger posed by Abrego ahead of his criminal trial. "That's a pretty high standard," he said. The government said it planned to call just one witness in the hearing— Homeland Security Investigations Agent Peter Joseph, who was also the sole witness last month. Lawyers for Abrego Garcia told the court ahead of the hearing that they did not plan to call any witnesses. But even that filing highlights the Justice Department's conflicting statements about its plans for Abrego Garcia, whose case is at the center of two high-profile hearings in Maryland and Tennessee. After months of delay, the Trump administration returned Abrego Garcia to the U.S., where he was immediately slapped with a newly unsealed federal indictment charging him with crimes stemming from a 2022 traffic stop in Tennessee. Abrego Garcia pleaded not guilty to those charges, and was ordered released pending trial by U.S. Magistrate Judge Barbara Holmes. Senior Justice Department officials and ICE officials conceded to this plan last week, telling U.S. District Judge Paula Xinis in Maryland that the government would immediately begin removal proceedings to deport Abrego Garcia to a third country, regardless of the status of his criminal case. In doing so, they broke with previous assertions from U.S. officials, including Attorney General Pam Bondi, who vowed when he was returned that he would remain in U.S. custody for the duration of his trial and any prison time. Asked by Judge Xinis last week whether the government planned to hold Abrego Garcia in ICE custody until his criminal case in Tennessee is over, lawyers for the administration did not mince their words. "No," Justice Department attorney Jonathan Guynn answered simply. "There's no intention to just put him in limbo in ICE custody while we wait for the criminal case to unfold," Guynn told Xinis. "He will be removed, as would any other illegal alien in that process." Abrego Garcia's second detention hearing in Tennessee comes after his legal team asked a federal judge in Maryland last week to impose sanctions on the Trump administration for the administration's "egregious" and "repeated violations" of discovery obligations, according to the filing. Xinis also pressed Justice Department officials for details as to when they opened a federal investigation into Abrego Garcia in a separate district in Tennessee, and how the timing of the investigation and federal indictment squared with the government's testimony in her own court. She noted that, by the government's own admission, it began investigating Abrego Garcia in the Middle District of Tennessee on April 28, 2025 — the same time officials were telling the court that the administration was powerless to order a foreign government to return him, in compliance with the court order. "At the same time that [the government] was saying it had 'no power to produce'" Abrego Garcia in the U.S., Trump administration officials had "already secured an indictment against him in the Middle District of Tennessee, right?" Xinis asked Justice Department lawyer Bridget O'Hickey. "Yes your honor," O'Hickey replied. An incredulous Xinis noted that, just six days later, the government testified they had no power to bring him back to the U.S. "Now I have real concerns — as if I haven't for the last three months," Xinis noted in response. "Given the series of unlawful actions" here, I feel like it's well within my authority to order this hearing — perhaps more than one — to hear testimony from at least one witness with firsthand knowledge, who can answer these questions about the immediate next steps" from the government pending Abrego Garca's release from custody, she said.
Yahoo
16-07-2025
- Yahoo
Lee County man now in custody, Mobile FBI says
UPDATE (8:00 p.m.): According to a Facebook post from the Mobile FBI, Cesar Campos-Reyes is now in federal custody. UPDATE (4:10 p.m.): Multiple law enforcement agencies held a news conference Tuesday afternoon to discuss the state-wide immigration enforcement operation in Alabama. Acting United States Attorney for the Middle District of Alabama, Kevin Davidson, said everything began when federal agents executed search warrants at 14 locations in six counties related to Cesar Campos-Reyes. According to Davidson, the indictment against Campos-Reyes lists four counts of bank fraud, four counts of wire fraud, and money laundering. The charges stem from paycheck protection program loans that Campos-Reyes received on behalf of restaurants that he owns. Those restaurants were included in the search warrants issued Tuesday morning. Campos-Reyes is accused of falsely certifying the money he received from the loans for non-legitimate expenses. While executing the search warrants, officers said they found 'distribution amounts of methamphetamine, powder cocaine, crack cocaine, assorted pills, more than $100,000 in cash and at least 20 guns.' Federal officials also said they found more than 40 people who were in the country illegally during the search warrants. Those people were taken into custody and are pending deportation. Besides Campos-Reyes, Davidson said three other people were arrested — officials are attempting to get a federal complaint on two of the people for 'harboring illegal aliens' and the third person for distribution of a controlled substance. UPDATE: (July 15, 1:35 p.m.): News 5 has learned the statewide immigration operation that led to several arrests in Robertsdale, also included raids in Auburn, Opelika, Montgomery, Prattville, Wetumpka and other cities across Alabama. The Robertsdale arrests took place at El Patron Mexican Grill, which opened June 1. Employees and family members on the scene told News 5 that 'they did nothing wrong,' that they 'were living the American dream,' and they were 'working every day.' The FBI will hold a press conference at 3 p.m. at the Auburn Police Department. Officials say this is not just an immigration raid but a criminal investigation. This story is developing. News 5 will update this article as more information becomes available. ROBERTSDALE, Ala. (WKRG) — Members of the Gulf of America Homeland Security Task Force have arrested multiple people throughout central and east Alabama, some of whom were in Robertsdale, according to FBI Mobile. Bodies of Mobile woman, granddaughter found after Texas floods News Officials said multiple local and state agencies were part of the immigration enforcement operation on July 15. The arrests in Robertsdale took place at the El Patron Mexican Grill. The restaurant opened on June 1, 2025. Alabama Tax Free Weekend: time to stock up FBI Mobile officials said search warrants were served throughout the area as well. This story is developing. News 5 will update this article as more information becomes available. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
