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US Attorney challenges judge on military zone prosecutions
US Attorney challenges judge on military zone prosecutions

Yahoo

time13-05-2025

  • Politics
  • Yahoo

US Attorney challenges judge on military zone prosecutions

May 12—The U.S. Attorney in New Mexico is criticizing the chief U.S. Magistrate judge for seeking legal views about trespassing violations in the state's new military defense zone, urging the judge to "correct course" to avoid "further impropriety." In a nine-page "objection" filed Sunday, U.S. Attorney Ryan Ellison sought to preempt a judicial opinion about the elements of criminally charging people illegally crossing into the U.S. with additional crimes of entering a restricted military zone and violating defense property security regulations. The unusual court filing from the government comes just weeks after the Trump administration began the prosecution practice by designating a 60-foot-wide swath along New Mexico's southern border as military property called the New Mexico National Defense Area. The action was viewed as a way to legally use military troops for domestic law enforcement on American soil. The 170-mile long stretch is part of the federal government's "broader efforts to protect and defend the sovereignty and territorial integrity of the United States in light of the 'National Emergency' caused by, among other things, unchecked unlawful mass migration," wrote Ellison, who was appointed April 19 by U.S. Attorney General Pam Bondi. With hundreds of defendants now facing such misdemeanor charges in Las Cruces federal court, Chief U.S. Magistrate Judge Gregory Wormuth on May 1 requested input from the U.S. Attorney's Office and the Federal Public Defender's office citing the scarcity of caselaw relating to these offenses and "the unprecedented nature of prosecuting such offenses in this factual context." The judge wanted to hear about the standards of proof needed to find defendants guilty in these kinds of cases, such as whether offenders would have had to know they were on military property or willfully intended to violate the no-trespassing edict. Ellison's office on May 5 filed a 14-page defending the prosecution practice. But in his objection filed days later, Ellison called judge's solicitation of legal views an "extraordinary departure" from "foundational principles" because it wasn't spurred by any particular case. The request was issued without prompting from any party, outside the context of any particular case, "absent any relation to an identified defendant, on a miscellaneous docket, and untethered to any contemplated or requested relief," Ellison wrote. Moreover, the judge's request "was an improper exercise of the Court's authority," he contended. He urged Wormuth to avoid "further impropriety of issuing an advisory opinion purporting to provide views on abstract questions of law that have not yet been properly raised in any case by any party." Amanda Skinner, of the federal public defender's office, contended in her May 8 response to Wormuth that the signage warning those stepping into the defense zone is inadequate, but the U.S. Attorney's office argued such notification wasn't required to prove someone violated the military-related laws. The fact that someone has intentionally entered the zone from Mexico through an area other than a designated port of entry and knows that conduct is unlawful is enough to find someone guilty of the military zone infractions, federal prosecutors maintain. The 12 x 18-inch signs, which are posted on stakes inside the zone, are in English and Spanish, but no other languages. Skinner, who couldn't be reached for comment Monday, asked Wormuth to hear oral arguments on the issue. Ellison wrote that it appeared the judge's "premature and inappropriate effort to decide questions before it" was apparently "designed to provide legal guidance to courts across all cases, present and future, across the district." The New Mexico defense zone is a "crucial installation necessary to strengthen the authority of servicemembers to help secure our borders and safeguard the country. The Court should therefore be particularly reluctant to stray beyond the constitutional limits of 'judicial power' and unilaterally impose its legal views in cases implicating national sovereignty."

Gandapur moves IHC for IK's parole
Gandapur moves IHC for IK's parole

Business Recorder

time10-05-2025

  • Politics
  • Business Recorder

Gandapur moves IHC for IK's parole

ISLAMABAD: Khyber Pakhtunkhwa Chief Minister Ali Amin Gandapur, Friday, moved the Islamabad High Court (IHC) for the release of Imran Khan on parole for promotion of national harmony in this time of crisis. Gandapur moved the court through his lawyer, Sardar Latif Khosa and Shah Faisal, advocate general (AG) KP and cited the Federation through Secretary Interior, Home Department Punjab, superintendent Adiala Jail and Parole Committee Punjab as respondents. He submitted that National Emergency in Pakistan faces unprovoked aggression from the Modi-led Indian government, threatening national security, and different drone attacks on different cities of Pakistan, which has endangered the life of Imran Ahmad Khan Niazi. The petitioner mentioned that Narendra Modi views Imran as India's biggest enemy, because he is capable of leading a united Pakistan to heights of glory and therefore, this fact is also enough to see that Modi would also eye Central Jail Adiala as a potential target to take out Imran Khan and leave the Pakistani nation in further disarray. He maintained, 'Khan's release is critical to foster national unity, engage his millions of supporters in Pakistan and the global diaspora, and amplify Pakistan's stance against Indian aggression on the world stage.' Gandapur contended that Imran's prolonged detention endangers his health, and he has maintained exemplary conduct, with no recorded prison rule violations. He stated Imran's detention in frivolous cases denies him equal protection of the law, justifying parole to restore his rights which clearly shows the violation of Article 4 (Right to Enjoy Protection of Law). It added that selective prosecution of Imran, as a political leader, violates equality, warranting judicial intervention via parole as if the same is not allowed it would amount to discrimination under Article 25 (Equality Before Law). Copyright Business Recorder, 2025

Trump urges Republican senators to keep Canadian tariffs in place
Trump urges Republican senators to keep Canadian tariffs in place

Yahoo

time01-04-2025

  • Business
  • Yahoo

Trump urges Republican senators to keep Canadian tariffs in place

President Donald Trump on Tuesday called on the Senate to keep the United States' tariffs on Canada in place -- hours before Democrats in the upper chamber could potentially force a vote aimed at blocking the president from imposing tariffs on the ally country. The resolution being put forward by lawmakers on Tuesday aims to end the international emergency that Trump has declared against Canada, thereby shunting his administration's authority to unilaterally impose tariffs. It comes just one day before Trump's tariffs on Canada are expected to go into effect as part of "Liberation Day" -- the president's plans to roll out sweeping tariffs that he has said will impact "all countries." On Tuesday, Canadian Prime Minister Mark Carney vowed to respond with retaliatory tariffs if Trump slaps additional levies on Canadian goods as part of Wednesday's expected tariff announcement. MORE: Trump's tariffs could cause a recession, experts say. Here's how. Trump has derived his authority to impose tariffs by declaring a national emergency caused by the flow of fentanyl and undocumented migration from Canada, Mexico and China. But Democrats are now challenging that emergency status. Trump said in a social media post that the U.S. is "making progress to end this terrible Fentanyl Crisis" that he claims is coming from Canada, and said that "Republicans in the Senate MUST vote to keep the National Emergency in place, so we can finish the job, and end the scourge." Democratic Sen. Tim Kaine is leading the privileged effort alongside Sens. Amy Klobuchar and Mark Warner. During a press conference on Tuesday, Kaine called Trump's declaration a "made up emergency." Though he said fentanyl is a serious issue in the United States, it's not a main concern as it pertains to Canada. "President Trump is saying that there is an emergency with Canada. Canada is a friend not an adversary. Canada is a sovereign nation not a 51st state," Kaine said. Democrats argue that Trump is falsely imposing an emergency in order to give cover for the tariffs with hopes of raising revenue to pay for his tax cut plan. That's why they say this vote is so important. Trump criticized Kaine for his role in the effort to block tariffs. "Don't let the Democrats have a Victory. It would be devastating for the Republican Party and, far more importantly, for the United States," Trump wrote. Unlike most legislation in the Senate, this resolution will only need a simple majority of votes to pass, and it very likely may. Only a handful of Republicans would be needed to hit that threshold. A number of Republicans have expressed skepticism about Canadian tariffs and now find themselves in a difficult place of having to choose whether to block Trump's authority or cast a vote to try to forestall the tariffs. MORE: Canada vows retaliatory tariffs if Trump escalates trade war: 'We will respond' Majority Leader John Thune said Monday that he's unsure whether they'll be able to defeat the resolution. "We'll see," he said. "Obviously, as you know, and I'm among these, there is concerns about tariffs on Canada and, you know, what the ultimate objective is. If it's about fentanyl and stopping the drug trade, drug war, that's an issue obviously that there is a lot of interest. Obviously we want to give the president as much latitude as possible to deal with specific problems like that, but as you know, I'm in a very different place when it comes to across-the-board tariffs and Canada." Thune said on Tuesday that he hopes "we'll have the votes." "The president declared the emergency to deal with the issue of fentanyl -- flow of fentanyl into this country, not only from our southern border, but also from our north. That's what the emergency declaration is about. And what this would do is undo that," he said. "I think the president needs to have tools at his disposal to deal with what I think are national emergencies. And certainly, you know, the tens of thousands of people that are killed in this country every year, because fentanyl represents that. So I hope we'll have the votes." But there is nothing compelling the House, controlled by Republicans, to take up the legislation, and it's almost certain that House Speaker Mike Johnson would stay far away from the resolution. It's not yet clear if Senate vote will happen Tuesday as Sen. Cory Booker continues a filibuster he started at 7 p.m. Monday night. Booker is protesting against the national "crisis" he said Trump and Elon Musk created. Trump urges Republican senators to keep Canadian tariffs in place originally appeared on

Trump urges Republican senators to keep Canadian tariffs in place
Trump urges Republican senators to keep Canadian tariffs in place

Yahoo

time01-04-2025

  • Business
  • Yahoo

Trump urges Republican senators to keep Canadian tariffs in place

President Donald Trump on Tuesday called on the Senate to keep the United States' tariffs on Canada in place -- hours before Democrats in the upper chamber could potentially force a vote aimed at blocking the president from imposing tariffs on the ally country. The resolution being put forward by lawmakers on Tuesday aims to end the international emergency that Trump has declared against Canada, thereby shunting his administration's authority to unilaterally impose tariffs. It comes just one day before Trump's tariffs on Canada are expected to go into effect as part of "Liberation Day" -- the president's plans to roll out sweeping tariffs that he has said will impact "all countries." On Tuesday, Canadian Prime Minister Mark Carney vowed to respond with retaliatory tariffs if Trump slaps additional levies on Canadian goods as part of Wednesday's expected tariff announcement. MORE: Trump's tariffs could cause a recession, experts say. Here's how. Trump has derived his authority to impose tariffs by declaring a national emergency caused by the flow of fentanyl and undocumented migration from Canada, Mexico and China. But Democrats are now challenging that emergency status. Trump said in a social media post that the U.S. is "making progress to end this terrible Fentanyl Crisis" that he claims is coming from Canada, and said that "Republicans in the Senate MUST vote to keep the National Emergency in place, so we can finish the job, and end the scourge." Democratic Sen. Tim Kaine is leading the privileged effort alongside Sens. Amy Klobuchar and Mark Warner. During a press conference on Tuesday, Kaine called Trump's declaration a "made up emergency." Though he said fentanyl is a serious issue in the United States, it's not a main concern as it pertains to Canada. "President Trump is saying that there is an emergency with Canada. Canada is a friend not an adversary. Canada is a sovereign nation not a 51st state," Kaine said. Democrats argue that Trump is falsely imposing an emergency in order to give cover for the tariffs with hopes of raising revenue to pay for his tax cut plan. That's why they say this vote is so important. Trump criticized Kaine for his role in the effort to block tariffs. "Don't let the Democrats have a Victory. It would be devastating for the Republican Party and, far more importantly, for the United States," Trump wrote. Unlike most legislation in the Senate, this resolution will only need a simple majority of votes to pass, and it very likely may. Only a handful of Republicans would be needed to hit that threshold. A number of Republicans have expressed skepticism about Canadian tariffs and now find themselves in a difficult place of having to choose whether to block Trump's authority or cast a vote to try to forestall the tariffs. MORE: Canada vows retaliatory tariffs if Trump escalates trade war: 'We will respond' Majority Leader John Thune said Monday that he's unsure whether they'll be able to defeat the resolution. "We'll see," he said. "Obviously, as you know, and I'm among these, there is concerns about tariffs on Canada and, you know, what the ultimate objective is. If it's about fentanyl and stopping the drug trade, drug war, that's an issue obviously that there is a lot of interest. Obviously we want to give the president as much latitude as possible to deal with specific problems like that, but as you know, I'm in a very different place when it comes to across-the-board tariffs and Canada." Thune said on Tuesday that he hopes "we'll have the votes." "The president declared the emergency to deal with the issue of fentanyl -- flow of fentanyl into this country, not only from our southern border, but also from our north. That's what the emergency declaration is about. And what this would do is undo that," he said. "I think the president needs to have tools at his disposal to deal with what I think are national emergencies. And certainly, you know, the tens of thousands of people that are killed in this country every year, because fentanyl represents that. So I hope we'll have the votes." But there is nothing compelling the House, controlled by Republicans, to take up the legislation, and it's almost certain that House Speaker Mike Johnson would stay far away from the resolution. It's not yet clear if Senate vote will happen Tuesday as Sen. Cory Booker continues a filibuster he started at 7 p.m. Monday night. Booker is protesting against the national "crisis" he said Trump and Elon Musk created. Trump urges Republican senators to keep Canadian tariffs in place originally appeared on

Trump rips Democrat's resolution on Canada tariffs
Trump rips Democrat's resolution on Canada tariffs

Yahoo

time01-04-2025

  • Business
  • Yahoo

Trump rips Democrat's resolution on Canada tariffs

President Trump on Tuesday bashed Sen. Tim Kaine (D-Va.) over a resolution that would undercut the basis for tariffs on Canada and urged Republicans to vote against it. Kaine has put forward a resolution that would end an emergency declaration Trump declared to impose tariffs on Canada, citing the flow of fentanyl into the United States. A vote is expected on Wednesday in the Senate. 'We are making progress to end this terrible Fentanyl Crisis, but Republicans in the Senate MUST vote to keep the National Emergency in place, so we can finish the job, and end the scourge,' Trump posted on Truth Social. 'By their weakness, the Democrats have allowed Fentanyl to get out of hand. The Republicans and I have reversed that course, strongly and quickly,' Trump said. 'Major additional progress is being made. Don't let the Democrats have a Victory,' Trump added. 'It would be devastating for the Republican Party and, far more importantly, for the United States.' If Kaine's resolution garners enough Republican support to pass the Senate, it would still need to pass the GOP-led House. Trump has imposed a 25 percent tariff on imports from Canada, Mexico and China on the grounds that those countries have not done enough to curb the flow of fentanyl into the United States. Experts have noted relatively little fentanyl enters the U.S. via its northern border. Federal data shows authorities have seized less than 1.5 pounds of fentanyl at the U.S.-Canada border since January. The president signed off on exemptions for goods imported from Canada and Mexico that meet the criteria of the U.S.-Mexico-Canada trade agreement signed in 2020. Economists, Democrats and even some Republicans have warned that prices will go up for American consumers because of Trump's aggressive use of tariffs. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

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