Brazil: Majority considers fair release of Lula, says Datafolha

(THIS ARTICLE IS COURTESY OF BRAZIL’S 247 NEWS)

 

Majority considers fair release of Lula, says Datafolha

According to a survey by the Datafolha Institute, 54% of respondents approve the release of former President Luiz Inacio Lula da Silva, after a ruling by the Supreme Court against arrest after co-ordination in the second instance.

(Photo: Paulo Pinto / FotosPublicas)
 

247 – For the majority of the population it was fair to release President Luiz Inacio Lula da Silva, who served 580 days as a political prisoner for Lava Jato. This is what the latest Datafolha survey points to. 

According to the survey, 54% of respondents believe that Lula’s release was fair, compared to 42% who consider it unfair. They said they did not know 5% of respondents.   

The survey polled 2,948 people between December 5 and 6 in 176 municipalities across the country. The margin of error is plus or minus two percentage points.    

The former president won freedom after the Supreme Court ruling that changed the court’s old understanding and found unconstitutional the arrest of convicted defendants who still have pending appeals in higher courts, as is the case of Lula – indicates report by Felipe Bächtold in Folha from S. Paulo. .

Brazil: Lula and Dilma are acquitted of Janot’s farce

(THIS ARTICLE IS COURTESY OF THE BRAZILIAN NEWS AGENCY 247)

 

Lula and Dilma are acquitted of Janot’s farce over ‘quadrillion’

Former President Luiz Inacio Lula da Silva and former President Dilma Rousseff were acquitted on Wednesday of the charge of joining a suspected criminal organization, known as the “quadrillion”. Decision is of the judge Marcos Vinicius Reis Bastos, of the 12th Federal Court of the DF. The magistrate indicated the “attempt to criminalize political activity” by the improper accusation

 

247 – Former presidents Luiz Inacio Lula da Silva and Dilma Rousseff were acquitted on Wednesday of the charge of joining a suspected criminal organization, which became known as the “quadrillion”. 

The decision is made by Judge Marcos Vinicius Reis Bastos, from the 12th Federal Court of DF. In his sentence the magistrate says that the Federal Public Prosecution’s complaint “reflects an attempt to criminalize political activity” and provides no evidence of the involvement of former presidents in the charges. 

Also exonerated from the prosecution were former ministers Antonio Palocci and Guido Mantega, and former PT treasurer João Vaccari Neto. 

“In the face of an impartial judge, we were able today to acquit @LulaOficial briefly . The magistrate of Brasilia has indicated the” attempt to criminalize political activity “by the improper accusation known as the ‘quadrillion’ – which is part of Lawfare against @LulaOficial ‘, celebrated lawyer Cristiano Zanin Martins, who defends former President Lula. 

The charge is from 2017, and was offered to the Federal Supreme Court by then Attorney General Rodrigo Janot. The then PGR stated that between 2002 and 2016, the accused ‘integrated and structured a criminal organization operating during the period in which Lula and Dilma Rousseff successively securitized the Presidency of the Republic to commit a myriad of crimes’.

Read Judge Marcos Vinicius Reis Bastos’ decision in its entirety:

Check out Cristiano Zanin’s Twitter: 

Cristiano Zanin Martins

@czmartins

Perante um juiz imparcial, conseguimos hoje a absolvição sumária de @LulaOficial. O magistrado de Brasília indicou a “tentativa de criminalizar a atividade política” pela descabida acusação que ficou conhecida como “quadrilhão” – que faz parte do Lawfare contra @LulaOficial.

2,800 people are talking about this

Trump loses appeal to block Deutsche Bank, Capital One from handing his financial records to Congress

(THIS ARTICLE IS COURTESY OF CNBC NEWS)

 

Trump loses appeal to block Deutsche Bank, Capital One from handing his financial records to Congress

KEY POINTS
  • A federal appeals court rules that Deutsche Bank and Capital One can hand over years of President Trump’s financial records in compliance with House Democrats’ subpoenas.
  • The ruling offers another loss in the courts for Trump, who has fought attempts to obtain his financial records through multiple lawsuits.
  • The case is likely destined for the Supreme Court, where the president has already appealed two other lower court decisions requiring the disclosure of his financial records.
GP: President Trump Holds Listening Session In Cabinet Room On Vaping And The E-Cigarette Epidemic
President Donald Trump listens during a listening session on youth vaping of electronic cigarette on November 22, 2019 in the Cabinet Room of the White House in Washington, DC.
Alex Wong | Getty Images

A federal appeals court ruled Tuesday that Deutsche Bank and Capital One can hand over years of President Donald Trump’s financial records in compliance with House Democrats’ subpoenas.

The ruling in the 2nd U.S. Circuit Court of Appeals offers another judicial loss for Trump, who has fought off attempts to obtain his financial records, including his tax returns, through multiple lawsuits.

Neither the White House nor a lawyer for Trump immediately responded to CNBC’s request for comment on the ruling.

In May, U.S. District Court Judge Edgardo Ramos ruled that the two banks can comply with subpoenas issued by the Democrat-led House Intelligence and Financial Services Committees to hand over financial records related to Trump, his businesses and members of his family.

Trump appealed Ramos’ ruling two days later.

Tuesday’s decision was issued by a divided three judge panel made up of two Republican appointees and one Democratic appointee.

Circuit Judge Jon Newman, a Carter appointee, wrote in the court’s decision that the House committees interest in “pursuing their constitutional legislative function is a far more significant public interest than whatever public interest inheres in avoiding the risk of a Chief Executive’s distraction arising from disclosure of documents reflecting his private financial transactions.”

Newman also emphasized in the opinion that the issues raised by the lawsuit “do not concern a dispute between the Legislative and Executive Branches” because the subpoenas sought Trump’s personal, rather than official, records.

But in a partial dissent, Circuit Judge Debra Ann Livingston, a George W. Bush appointee, rejected that argument, and called the subpoenas “deeply troubling.”

“I cannot accept the majority’s conclusions that ‘this case does not concern separation of powers,’ and that there is ‘minimal at best’ risk of distraction to this and future Presidents from legislative subpoenas of this sort,” she wrote.

The case is likely destined for the Supreme Court, where the president has already appealed two other lower court decisions requiring the disclosure of his financial records.

The two other cases involve subpoenas issued to the president’s longtime accounting firm Mazars USA.

The justices are likely to decide soon whether to hear the cases. On Thursday, the president’s private legal team is expected to submit its formal petition to the top court asking it to review a decision by the federal appeals court in Washington that ordered Mazars to comply with a subpoena issued by the House Oversight Committee.

The justices will meet in private later this month to discuss the petition in the other case, over a subpoena issued to the firm by state prosecutors in New York.

Trump’s lawyers have argued in multiple lawsuits that the various requests for his financial records have no “legitimate legislative purpose” and are being pursued merely as an attempt to embarrass the president for political gain.

That legal argument has so far failed to sway judges in New York and Washington and was similarly rejected by the three-judge panel in the Second Circuit.

Trump has defied calls to publicly release his tax returns and provided a variety of explanations for his failure to do so. He is the first president in more than 40 years not to voluntarily make his tax records public.

Brazil: TRF-4 must return case against Lula from Atibaia site for final pleadings

(THIS ARTICLE IS COURTESY OF THE BRAZILIAN NEWS AGENCY 247)

 

TRF-4 must return case against Lula from Atibaia site for final pleadings

The Federal Regional Court of the 4th Region decides on Wednesday (27) on the case of the site of Atibaia against former President Luiz Inacio Lula da Silva. The expectation is that the case will be referred to the final allegations phase. It is possible that the court annulled Gabriela Hardt’s judgment in this judgment, without judging the merits of the defenses, due to a recent ruling by the Supreme Court (STF) on the order of speaking of whistleblowers and whistleblowers in first instance proceedings

(Photo: Lula site Atibaia)
 

247 – The judgment against former President Lula in the case of the Atibaia site may be redone.

The three judges of the 8th Class will assess whether, based on rulings by the Supreme Court (Supreme Court), the last stage of the prosecution – where the defendants give their arguments before the sentence (the final allegations) – should be redone. 

If the TRF-4 decides that the sentence should be redone, the process will return to the 13th Federal Court in Curitiba and return to the final allegations stage. In this case, the conviction of Lula to more than 12 years in prison would be annulled. 

It is possible that the court annulled Gabriela Hardt’s judgment in this judgment, without judging the merits of the defense’s appeals, due to a recent ruling by the Supreme Court (STF) on the speech order of whistleblowers and whistleblowers in first instance proceedings, informs journalist Felipe Bächtold in Folha de S.Paulo .  

Before presenting his final considerations in the criminal action, late last year, Lula’s defense asked to speak only after accused defendants, who had made charges against the petista. The judge denied that request at the time, but in October this year the Supreme Court acknowledged that this benefit is necessary to ensure broad defense to defendants who have not entered into a collaboration agreement. 

Ashrawi Accuses Israel of Expelling Witnesses to Its Oppressive Practices

(THIS ARTICLE IS COURTESY OF THE SAUDI NEWS AGENCY ASHARQ AL-AWSAT)

 

Ashrawi Accuses Israel of Expelling Witnesses to Its Oppressive Practices

Tuesday, 26 November, 2019 – 12:30
HRW’s Omar Shakir at Ben Gurion Airport after being expelled from Israel. (File photo: AFP)
Tel Aviv- Asharq Al-Awsat
Israeli authorities expelled Monday Human Rights Watch (HRW) Israel and Palestine Director Omar Shakir after Israel’s Supreme Court had upheld the government’s deportation order on November 5 and gave him until November 25 to leave.

Israel argues that Shakir actively supports the Boycott, Divestment and Sanctions (BDS) movement. He denies that his HRW work and pro-Palestinian statements he made before being appointed to the HRW post in 2016 constitute active support for BDS.

Hanan Ashrawi, member of the Executive Committee of the Palestine Liberation Organization (PLO), slammed the deportation as an Israeli desperate measure to conceal its war crimes and violations.

Ashrawi said that expelling Shakir is a desperate action consistent with the unlawful practices of the occupation regime. She described it as an alarming wake-up call to all those who seek peace and justice for both sides that Israel will resort to extreme measures to hide the truth.

“Israel is getting rid of local and international witness of its crimes,” she warned.

HRW held a press conference in Jerusalem hours before Shakir’s departure flight and indicated that Shakir would continue his role remotely from Amman, Jordan, relying on a network of researchers in Israel, the West Bank and Gaza to conduct fieldwork.

Shakir condemned the decision as an escalating assault on the human rights movement.

“If the Israelis can deport somebody documenting rights abuse without facing consequences, how can we ever stop rights abuse?” said Shakir.

Speaking at the conference, he said that Israel joins the likes of Venezuela and Iran in barring Human Rights Watch researchers, but it, too, will not succeed in hiding its human rights abuses.

“This decision shows why the international community must reboot its approach to Israel’s deteriorating human rights record. A government that expels a leading human rights investigator is not likely to stop its systematic oppression of Palestinians under occupation without much greater international pressure.”

My Thoughts On The Abortion Issue Both Good, Bad And Sideways

My Thoughts On The Abortion Issue Both Good, Bad And Sideways

 

Abortion, a very divisive issue here in the U.S. and I would guess it to be so all over the globe. As a Christian I did spend sometime looking through the encyclopedic Index of my King James Bible trying to make sure of the things I write concerning God’s Word on this issue. The ultimate opinion on this subject matter is God’s, not so much mine or yours. But for good conversation on this difficult matter this isn’t going to be a strictly “the Bible says” type of letter to you this evening. By the way, the word abortion is not found anywhere within the King James version of the Bible. I can not say with certainty that the word abortion isn’t found in any of the other translations of Scripture as there are some versions that I have not read cover to cover as I have with the King James.

 

I guess I am going to tackle this subject in three formats, 1.) my personal thoughts on the matter as if there was no Biblical or Spiritual thought, knowledge or concern on the matter. 2.) The way our Nations Supreme Court has looked at it. 3.) What God has said about it, His view. I am neither a lawyer nor a judge nor do I wish to be so, lets see where this train of thought, study and prayer takes us on this subject matter.

1.) My personal thoughts. If I did not know what God’s Word says, nor had I ever heard of others opinions argued on the radio and TV, I believe the following would most likely be my thoughts on this matter. I believe there is nothing that can be considered joyous about an abortion. It would be something that a person would not want to have to do even in a case of rape or incest if there is anything even slightly decent about the person at all. I believe that by the end of the first trimester (3 months) should be long enough for a person to make up their own mind about doing it, or not. I believe that there is no excuse for Partial Birth abortions. If a pregnancy has gone far enough that the baby has any reasonable chance of being born alive instead of being aborted then aborting the child should be considered as first degree murder unless the mothers life is in serious trouble if she continues the pregnancy. My ‘no’ to abortion would have to also cover aborting any child that through our medical knowledge tells us will be in anyway ‘deformed’. If a child has active brainwaves and a heart beat, then it is a living Soul from God. To put an end to it life from that point on should have to be considered as first degree murder, at least that is my personal opinion on this matter. Maybe it is just my lack of knowledge but I do have a question. The news media often talks about how thousands of couples are on the waiting list to be able to adopt a child, especially a newborn baby. Why is it that the ‘Right To Life’ supporters can’t somehow work with the politicians to make the rules easier for people to adopt? This would/should end the need for the ‘black market’ baby industry. To me this seems like it should be a ‘hand in glove’ resolution, a perfect working relationship.

 

2.) The law of our Country concerning abortion, what the U.S. Supreme Court has stated as the law. In 1973 the Supreme Court ruled in the “Roe verses Wade” decision that said abortion was to be legal in our Nation. Plus they have ruled many times since then on many different type of challenges in favor of “the woman’s right” to choose whether to give birth or to abort a child. I believe that Americas two most important documents are the Scriptures and the Constitution, in that order. It is plain and it is obvious to anyone who studies into this matter that the Constitution was written by men who considered themselves to be Christians. So they wrote it from a Christian view point. But they also wanted there to be a separation of Church and State. On the one side of the coin so that the State could not dictate to the Churches how they could worship as with England’s ‘Church of England’. On the other side of the coin they did not want a State Church being allowed to be giving orders to the Government on how they were allowed to govern. Nor were they in favor of one ‘Faith’ being in a position where all the people had to belong to one Faith.

 

3.) I am going to put down on paper a few Scriptures that I hope will help you think about what the Holy Spirit has to say on this matter. Jeremiah 1:5, God speaking to Jeremiah. “Before I formed you in the belly I knew you; and before you came forth out of the womb I sanctified you, and I ordained you a Prophet unto the nations.”

Luke 1: 15, this is from God in reference to John the Baptist, the last half of the verse. “and he shall be filled with the Holy Spirit, even from his mothers womb.”

Mark 10: 14 and 15, This is Jesus speaking to His Apostles. “Let the little children come unto Me and do not forbid them; for as such is the Kingdom of God. Verily I say unto you, whosoever shall not receive the Kingdom of God (the Holy Spirit) as a little child does, he shall not enter therein.”

Matthew 18: 6—Jesus speaking to His Disciples. “But whosoever shall offend (hurt) one of these little ones which believe in me, it is better for him that a millstone were hanged about his neck and that he were drowned in the depth of the sea.” 18: 7 “Woe unto the world because of offences! For it must needs be that offences come; but woe to that man by whom the offence comes!”

I will finish this section with one last verse. 1 John 3: 15—The Apostle John speaking. “Whosoever hates his brother is a murderer: and you know that no murderer has eternal life abiding in him.”

Justice is higher than simply following the rules of man because the rules are often unjust, but if we put the rules of God first in our heart, they will save our Soul. Man kind can only kill our body, they can only condemn our Soul if we give it to them to destroy. So, consider, which Judge should we fear the most? For the Holy Spirit is the teacher and the counselor to the true followers of Christ.

Well, thats it, I hope you enjoyed the read, I hope that it was able to evoke some thoughts within your heart and Soul. I hope that you and your loved ones are able to have a great evening, God bless.

 

 

Brazil: Lula is free

(THIS ARTICLE IS COURTESY OF BRAZIL’S 247 NEWS)

 

Lula is free and will never be arrested

Journalist Fernando Rodriguez, owner of the conservative site Poder360, a shrewd political analyst, has a full diagnosis of Lula’s situation: “There seems to be an exaggeration in the statement about Lula never being arrested. There is not. This is a reality that has based on the objective elements of Brazilian law ”

(Photo: Ricardo Stuckert)

247  Journalist Fernando Rodrigues, owner of the conservative Poder360 website , states that “there seems to be an exaggeration in the statement about Lula never being arrested”. “There is not. It is a reality that is based on the objective elements of Brazilian law,” he continues.

In his analysis, Rodrigues points out that former President Lula “is 74 years old, his cases may go back to the 1st Instance and new rules for the execution of sentence after conviction in the second degree will certainly be challenged because of the principle of ‘priority’ (new rules are ‘forward’ and not ‘backward’) “.

“Obviously Lula’s opponents will dispute these understandings, but the Power360 talked to ministers of the Supreme Court, law enforcement and politicians,” he says.

“The chance of the former president being arrested again is zero. Of course, Lula could commit 1 crime and be caught in the act. His situation will be different. But the chance of the petista at this point to make some slip it’s also zero, “he adds. “All things considered, is what is at the beginning of this text: Lula is loose and should never be arrested again.”

Appeals court hands Trump another loss, saying Congress can seek his tax returns

(THIS ARTICLE IS COURTESY OF CNN)

 

Appeals court hands Trump another loss, saying Congress can seek his tax returns

Washington (CNN)An appeals court has denied for the second time President Donald Trump’s attempt to stop an accounting firm from turning over his financial documents to the House, making it the second tax case Trump’s lawyers say they are taking to the Supreme Court.

The DC Circuit Court of Appeals said on Wednesday that a panel of eight judges out of 11 voted against allowing Trump to continue his appeal.
The decision is another loss stacked against Trump, after federal judges have repeatedly rebuked him and greenlighted the House’s effort as it also pursues his impeachment. The case, if Trump loses again with the Supreme Court, could deliver his tax returns or closely related financial documents into the hands of House Democrats.
The opinion reiterates the strong signal the court sent last month, when it upheld a lower court ruling that Trump’s longtime accounting firm Mazars USA must comply with a House subpoena of his tax documents and turn over eight years of accounting records.
Trump’s attorney Jay Sekulow said Wednesday that they will appeal the decision to Supreme Court, noting “well reasoned dissent” from three judges to Wednesday’s opinion.
House Speaker Nancy Pelosi welcomed the new ruling in a statement Thursday, saying, “once again, the courts have resoundingly reaffirmed the Congress’s authority to conduct oversight and consider legislation on behalf of the American people.”
In a separate case, Trump faces a Thursday deadline to ask the Supreme Court to block a Manhattan grand jury subpoena for copies of his financial records and tax returns. His attorneys have previously said they intend to ask the Supreme Court to take up the New York case.
And in yet another new filing in a third case Wednesday night, Trump’s legal team asked a judge for a two-week buffer period if the US House asks for his tax returns through New York state. Congressional Democrats countered in that court filing that they’d like to write an argument this week responding to this request and have an in-person hearing before the judge makes a decision.
Courts have previously refused to curtail Congress’ subpoena power.
The majority of the appeals court did not give reasoning why they declined to hear Trump’s appeal on Wednesday. But two judges, Greg Katsas and Neomi Rao, both Trump appointees to the federal appellate bench, wrote that they disagreed with the vote and would have heard Trump’s arguments again.
Katsas, who served in the White House Counsel’s office before taking the bench, wrote that he wanted a larger panel of judges on the court to hear the case, which he said presents “exceptionally important questions regarding the separation of powers among Congress, the Executive Branch and the Judiciary.”
He said that because the records are “personal” and not related to the office of the presidency, the “unavailability” of an assertion of executive privilege “creates an open season on the President’s personal records.”
Rao, who also served in the Trump administration and also dissented from the three-judge panel’s opinion, charged that when the court allowed the subpoena to go forward it “shifted the balance of power between Congress and the President and allowed a congressional committee to circumvent the careful process of impeachment.”
She said that even though the House has subsequently authorized an impeachment inquiry, the committee in issuing the subpoena was not relying on impeachment power.
A third judge, Karen Henderson, appointed to the circuit by President George H.W. Bush, signed onto their reasoning.
The administration has continued to stand its ground against all efforts to obtain Trump’s tax returns. Trump has claimed that ongoing IRS audits have stopped him from making his tax returns public, even though audits don’t prevent individuals from releasing tax returns.
This story has been updated with additional developments Wednesday.

Brazil: Fachin denies appeal that could annul Lava Jato proceedings

(THIS ARTICLE IS COURTESY OF BRAZIL’S 247 NEWS)

 

Fachin denies appeal that could annul Lava Jato proceedings

Rapporteur of the case in the Federal Supreme Court, Minister Edson Fachin voted against the appeal dealing with the order of the defendants’ final allegations in a lawsuit and could affect one of former President Lula’s rulings. The session was concluded after Fachin’s vote

247 – Rapporteur of the case in the Supreme Court, Minister Edson Fachin voted against the appeal dealing with the order of the defendants’ final allegations in a case and may affect one of former President Lula’s rulings. The session was concluded after Fachin’s vote.

After the vote, which lasted three hours and took the whole session, the trial was suspended and the session adjourned. In the afternoon of tomorrow (26), the collegiate resumes the analysis of the case with the vote of the minister Alexandre de Moraes.

The trial discusses the order of submission of the final allegations by collaborating and non-collaborating defendants in criminal proceedings and has the power to overturn judgments of the Lava Jato operation, including that of former judge Sérgio Moro who has held in custody for over a year. former president Luiz Inácio Lula da Silva.

In his explanation, Fachin argued that one would be facing a debate that does not concern a question between prosecution and defense, but between defense and defense. “Would there be illegality or abuse of power by failing to comply with an express legal rule that does not exist?” 

“The procedural law differentiates the moments of the MP and the defense. It does not distinguish, however, the moment of participation between the defenses due to the possible collaborative posture on the part of one of the parties. prosecution, “he said.

“The order of submission of final allegations by prosecution and defense is to establish a minimum of balance of force. Parity of arms. But this logic does not transfer mechanically to the winning collaboration. Delation must be analyzed to see whether or not it is efficient,” concluded the minister.

Lula’s defense disputes Lava Jato about STF’s omitted conversations

(THIS ARTICLE IS COURTESY OF BRAZIL’S 247 NEWS)

 

Lula’s defense disputes Lava Jato about STF’s omitted conversations

In a statement to the Supreme Court, Lula’s defense refutes Lava Jato’s arguments about the former president’s tapped conversations with officials: “Dialogues were omitted because they showed a totally different scenario from the one the Curitiba authorities maintained,” says the lawyers’ petition.

(Photo: Felipe L. Gonçalves / Brazil247)

247 – The Folha de S.Paulo Panel column reports that former President Lula’s defense went to the Supreme Court to rebut the arguments of Lava Jato’s judge in Curitiba, Luiz Antonio Bonat, about the petist’s conversations with authorities that were intercepted by PF but were left out of the process.  

Bonat said in an explanation that it hurts common sense and does not convince anyone that the material was irrelevant to the investigation.  

Lula’s lawyers say the analysis of relevance was up to the court itself, because before the conversation with then-President Dilma Rousseff, Lula had spoken with then-Vice President Michel Temer, with deputies and senators – all with forum privileges, he points out. the column.  

For Lula’s defense, Lava Jato hid the other dialogues because they pointed to the exact opposite of what the prosecutors’ and the judge’s punitivist theses stated. 

“Dialogues were omitted because they showed a totally different scenario from the one that the Curitiba authorities maintained,” says the petition of former President Lula’s lawyers.