Latest news with #NinthCircuitCourtofAppeals
Yahoo
3 days ago
- Business
- Yahoo
Trump's mass firings to remain on hold, appeals court rules
Mass firings of federal employees which were ordered by US President Donald Trump will remain paused, an appeals court has ruled. President Trump had signed an executive order in February directing agency heads to begin "large-scale reductions" in staffing. Those efforts to slash the federal workforce were halted by a California judge earlier this month. On Friday in a 2-1 ruling, a San Francisco-based appeals court denied the Trump administration's request to unfreeze that injunction. It is likely the administration will now ask the US Supreme Court to weigh in. "The Executive Order at issue here far exceeds the President's supervisory powers under the Constitution," the Ninth Circuit Court of Appeals wrote. "The President enjoys significant removal power with respect to the appointed officers of federal agencies." The Trump administration had sought an emergency stay of an injunction which had been given by Judge Susan Illston of San Francisco. The judge questioned how an overhaul of federal agencies could be actioned without congressional authorisation. The case was brought by federal employees unions, local governments and non-profits who argued against Trump's executive order, as well as directives which were issued by the Office of Personnel Management and Office of Management and Budget to implement Trump's policy. The cuts are part of the Trump administrations efforts to curtail government spending through funding freezes and firings - led by the Department of Government Efficiency (Doge). Trump has repeatedly promised to slash government spending and reduce the federal workforce. He tasked billionaire Elon Musk and Doge with leading that charge. Tens of thousands of federal workers have reportedly been fired, taken buyouts or been placed on leave since Trump took office. The Trump administration said they plan to fight back against the latest court ruling. "A single judge is attempting to unconstitutionally seize the power of hiring and firing from the Executive Branch," the White House said in a statement to US media. In Oval Office farewell, Trump says Elon Musk is 'not really leaving' What is Doge and why has Musk left? US judge says mass firings of some federal workers likely illegal
Epoch Times
4 days ago
- Politics
- Epoch Times
Appeals Court Denies Trump Admin's Bid to Stay Order Blocking Mass Firings of Federal Workers
A San Francisco-based federal appeals court on Friday denied the Trump administration's bid to pause a lower court ruling that had blocked President Donald Trump's directives for workforce reductions at federal agencies from taking effect. In a 2-1 decision, the Ninth Circuit Court of Appeals ruled—with one judge dissenting—that Trump's executive order directing agency leaders to carry out mass firings 'far exceeds the president's supervisory powers under the Constitution.'
Miami Herald
09-05-2025
- Business
- Miami Herald
Theranos felon Elizabeth Holmes loses again in court, options for early freedom narrow
A federal appeals court shot down Theranos founder Elizabeth Holmes' latest bid to overturn her felony fraud conviction and prison sentence, narrowing her options for early freedom to a Hail Mary appeal to the U.S. Supreme Court or a presidential pardon. The Ninth Circuit Court of Appeals, which in a three-judge decision already denied an appeal by Holmes, on Thursday rejected her attempt to get a rehearing by a full panel of judges. The three judges who had nixed her appeal in February voted unanimously Thursday to deny the "en banc" hearing by 11 judges that Holmes had sought via an April court filing. Her lawyers had argued that the three judges had been illogical on one point, confused on another, and made factual mistakes when they heard her case. Holmes, 41, was convicted by a jury on four counts of felony criminal fraud in early 2022 for conning investors in her now-defunct Palo Alto blood-testing startup Theranos out of hundreds of millions of dollars. Her trial judge in San Jose U.S. District Court, Edward Davila, sentenced her to 11 years and three months in prison. She started her prison term in May 2023, after Davila denied her bid to delay her incarceration. Shortly after her sentencing, Holmes appealed, arguing that Davila improperly allowed some testimony and improperly prohibited other testimony, and let jurors hear about a regulator's report that could have misled them. Holmes is serving her sentence at a minimum-security federal prison in Texas, where as inmate No. 24965-111, she has slashed more than two years off her term, likely through good behavior and taking programs. She is scheduled to be released in February 2032. The Ninth Circuit's decision closes off Holmes' avenues for early freedom to an appeal to the U.S. Supreme Court - which legal experts say is unlikely to hear her case - or a pardon from President Donald Trump. Her lawyers did not immediately respond to questions about her plans. Copyright (C) 2025, Tribune Content Agency, LLC. Portions copyrighted by the respective providers.
Yahoo
07-05-2025
- Politics
- Yahoo
Disgraced lawyer Michael Avenatti seeks mercy at resentencing, citing 'model inmate' record
Yahoo is using AI to generate takeaways from this article. This means the info may not always match what's in the article. Reporting mistakes helps us improve the experience. Yahoo is using AI to generate takeaways from this article. This means the info may not always match what's in the article. Reporting mistakes helps us improve the experience. Yahoo is using AI to generate takeaways from this article. This means the info may not always match what's in the article. Reporting mistakes helps us improve the experience. Generate Key Takeaways Disgraced lawyer Michael Avenatti says life behind bars has changed him into a better person and is asking a federal judge to consider that personal transformation when he gets resentenced on May 27. Avenatti was originally sentenced to 14 years in prison after pleading guilty to defrauding clients of millions of dollars and hiding millions more from the IRS. He appealed that sentence, and a new hearing was ordered by the Ninth Circuit Court of Appeals, which said the trial judge erred by ultimately giving Avenatti a too-lengthy sentence. "Since his 2022 original sentencing, [Avenatti] has lived every day of his incarceration seeking to atone for the harm he caused and set his life on a different path," Avenatti's lawyers wrote on Tuesday in their 41-page argument for a more lenient sentence. That filing offers details about Avenatti's life at the Terminal Island prison in Los Angeles. They described how Avenatti is trusted by prison officials to help other inmates – including serving as "suicide watch companion." He also completed a drug abuse program and "regularly attended AA meetings and religious services." Supreme Court Rejects Michael Avenatti Appeal As Nike Extortion Conviction Stands Celebrity attorney Michael Avenatti walks out of a New York courthouse after a hearing on July 23, 2019. Avenatti's lawyers also included an internal Bureau of Prisons report, which says he "has been a model inmate….[and] has distinguished himself through his work in the library, where he has voluntarily assisted academically challenged inmates with legal matters." Read On The Fox News App The lawyers also claim Avenatti's prison behavior is a true reflection of his character and done without regard to the upcoming resentencing hearing. "His actions demonstrate remorse, rehabilitation, and a strong desire to become a source of positive change," they wrote. Federal guidelines allow for judges to consider an inmate's good deeds behind bars when resentencing. Prosecutors argue Avenatti is still the same shady lawyer – now disbarred – and still deserves a long sentence. Michael Avenatti To Plead Guilty In Remaining Criminal Cases The United States Court of Appeals for the Ninth Circuit building is seen on Feb. 6, 2017, in San Francisco. The appeals court ordered a new hearing after saying the trial judge erred by ultimately giving Michael Avenatti a too-lengthy sentence. "Defendant's egregious violations of his duties and the trust placed in him by his clients, his infliction of great harm by stealing millions of dollars from them, and his greed and arrogance leading to the calculated choices and deception that he carried out for years against his clients and the IRS, all remain the same," Assistant U.S. Attorneys Brett Sagel and Ranaee Katzenstein wrote in their filing submitted early Wednesday morning. Avenatti's release date is currently set for July 31, 2035. He is asking U.S. District Court Judge James Selna for a sentence that would have him released in just a few years. Prosecutors are asking for a sentence of only a few months less than the 14 years originally handed down. Michael Avenatti Pleads Guilty To Five Criminal Charges In Federal Court Former lawyer Michael Avenatti stands next to his most famous client, adult film actress Stormy Daniels, during a news conference. Both filings offer detailed arguments about the different factors they want Selna to reconsider at the upcoming hearing, including determinations about how to properly assess how much money Avenatti's clients actually lost. Those technical determinations are significant as they influence the severity of the sentence. In essence, as the financial amounts increase, so does the sentence. The appellate court ruled Selna miscalculated some of those losses at the original sentencing hearing. "Mr. Avenatti acknowledges that nothing can change how much he hurt the former clients he was entrusted to help," federal public defender Margaret Farrand wrote about her client. "Nothing can change the shame he still feels. But Mr. Avenatti has tried his best to show that his remorse and concern for others are real, not through his words, but through his actions while in custody." This case is separate from Avenatti's other convictions for attempting to extort Nike and stealing money from his most famous client, Stormy Daniels. Avenatti's attempts to get those convictions and sentences overturned on appeal all failed. Original article source: Disgraced lawyer Michael Avenatti seeks mercy at resentencing, citing 'model inmate' record
CBS News
29-04-2025
- CBS News
San Francisco Sheriff brings back ankle monitoring program
San Francisco officials are celebrating the revival of what they call a key tool in their pretrial supervision arsenal after a federal appeals court ruled that requiring warrantless searches for participants in the city's electronic monitoring program does not violate constitutional rights. The Ninth Circuit Court of Appeals issued a 2-1 decision last week overturning a lower court injunction that had barred the Sheriff's Department from imposing warrantless search conditions on people released under its Pre-Trial Electronic Monitoring (PTEM) program. The appeals panel found that the program, which allows defendants to await trial out of custody while being electronically monitored, strikes a reasonable balance between public safety and individual privacy when ordered by a judge following an individualized assessment. Sheriff Paul Miyamoto welcomed the ruling, announcing plans to resume full enrollment in the program, which had been paused for new participants amid the litigation. "We want to give defendants an opportunity to receive services in the community that provide them with a chance to succeed while awaiting resolution of their case," Miyamoto said. "And the bottom line, we want to make sure everybody is safe when we do so." But some say the program's conditions, including consent to warrantless searches, undermine the presumption of innocence. San Francisco Public Defender Danielle Harris argues that electronic monitoring is often chosen under duress. "If the choice is jail or electronic monitoring, almost everyone will choose electronic monitoring — not because it's a good option," Harris said. The controversy hinges largely on PTEM's "Rule 5," which allows law enforcement to search participants' persons, homes, and vehicles without a warrant at any time. The decision comes at a contrast to data that raises questions about the program's overall effectiveness. A 2022 study by the California Policy Lab found that 60% of PTEM participants violated at least one condition of their release, and one in five was rearrested for a new offense while under supervision. At its peak in 2021, PTEM had enrolled more than 1,600 individuals — a surge from its pre-2018 average of about 75 participants. Today, 98 people remain under electronic monitoring, according to the Sheriff's Department. Board of Supervisors President Rafael Mandelman said he supports the return of electronic monitoring as a tool, but warned against relying on it for repeat offenders. "There are people who need to be held and held to account and should not be released unless we can safely do it and for some of those people the ankle monitor may have an additional level of safety or certainty, but we should not be using them to the same extend we were before," Mandelman said. Mayor Daniel Lurie said the program is about protecting victims, witnesses and the community. "This is about protecting families from violence. It's about making sure suspected drug dealers can't go back out and continue to commit crimes while they await trial." Meanwhile, Harris continues to call for more investment in community-based solutions that address root causes rather than relying on surveillance technology. "If we don't treat those needs, we're just putting a band-aid on it."
