Legal News for Thurs 7/18 - US Prosectors Appeal Trump Trial Dismissal, Gershkovich's Espionage Trial, Biden's Climate Tech Initiative and Courts Block Transgender Protections

Minimum Competence

This Day in Legal History: Narcotic Control Act Becomes Law

On July 18, 1956, the Narcotic Control Act became law, significantly transforming the landscape of narcotics regulation in the United States. The Act was introduced to combat the growing concerns about drug abuse and trafficking. It imposed harsher penalties for violations of existing drug laws, including mandatory minimum sentences and the death penalty for certain repeat offenders. The Act expanded federal control over the use, possession, and sale of narcotic drugs and marijuana, aiming to curb the rising tide of addiction and illegal drug activities. This legislation marked a pivotal shift towards more stringent drug policies, reflecting the era's intensifying war on drugs. Enforcement was also bolstered, granting law enforcement agencies greater authority to tackle drug-related crimes. For better or worse, the Narcotic Control Act laid the groundwork for future drug legislation and enforcement strategies, significantly influencing the country's approach to drug control for decades to come.

U.S. prosecutors have appealed a federal judge's decision to dismiss the criminal case against Donald Trump regarding the retention of classified documents post-presidency. Special Counsel Jack Smith, appointed by Attorney General Merrick Garland, was deemed unlawfully appointed by Judge Aileen Cannon. Cannon, a Trump appointee, ruled that Garland did not have Congressional authorization to appoint Smith with such extensive powers.

This ruling has favored Trump, who is the Republican candidate for the upcoming presidential election. Trump's campaign called for the dismissal of all four criminal cases against him following this decision. Cannon's ruling dismissed charges against Trump and his co-defendants, Walt Nauta and Carlos De Oliveira, who were accused of obstructing the investigation. Trump had been indicted in other cases, including a New York conviction related to hush money payments and charges in Georgia over election interference. The appeal is directed to the Atlanta-based 11th U.S. Circuit Court of Appeals, where many judges were appointed by Trump.

Prosecutors appeal Trump classified documents case dismissal | Reuters

The espionage trial of Wall Street Journal reporter Evan Gershkovich resumed yesterday July 17, 2024, in Yekaterinburg, Russia, with witness testimonies heard behind closed doors. Gershkovich, accused of spying for the U.S. Central Intelligence Agency, faces up to 20 years in prison. Arrested in March 2023, he has been held in Moscow's Lefortovo prison since then. Both Gershkovich and his employer, as well as the U.S. government, deny the allegations, asserting that he was simply performing his duties as an accredited journalist.

The Wall Street Journal has criticized the trial as a sham and continues to advocate for his release. Russian authorities claim to have irrefutable evidence of his espionage activities, though specifics have not been disclosed. The trial is closed to the press, a standard procedure in Russia for cases involving treason or espionage. U.S. officials view Gershkovich and another detained American, Paul Whelan, as bargaining chips for a potential prisoner exchange, with President Putin indicating openness to such negotiations. The trial will continue on Friday with arguments from the respective lawyers.

Russian trial of detained US reporter Gershkovich hears witness testimony in secret | Reuters

The Biden administration announced the testing of 17 new climate technologies in federal buildings, part of a $9.6 million initiative aimed at advancing near-commercial climate tech. The General Services Administration (GSA), which oversees federal properties, will facilitate these real-world trials. The effort aligns with the administration's broader goal to reduce carbon emissions across federal facilities. The GSA will select testing sites by the end of the year, with evaluations concluding in 2026.

Technologies include Armstrong World Industries' ceiling tiles that manage heat, Brightcore Energy's compact geothermal drilling rigs, and Gridscape's modular microgrid systems. Other innovations involve Nostromo Energy’s ice storage cooling systems, SafeTraces’ air quality mapping using DNA-tagged particles, Moxion Power’s portable battery systems, and Lamarr.AI's drones for building audits.

Successful technologies will be connected with energy service companies (ESCOs) through a unique matchmaking session to drive scalability. GSA administrator Robin Carnahan emphasized that the program supports market demand rather than picking winners, suggesting that the adoption of these technologies will persist regardless of potential administrative changes. The initiative aims to demonstrate the practical benefits and cost savings of these advanced climate technologies.

US Taps Federal Buildings to Test Next-Generation Climate Tech

The Biden administration's effort to strengthen protections for gay and transgender students under Title IX remains blocked in ten states following rulings from the Fifth and Sixth Circuit Courts of Appeals. The rulings represent a significant setback for President Biden’s transgender rights initiatives, as the appeals courts indicated the rule might be unconstitutional.

In the Sixth Circuit, Judge Jeffrey S. Sutton upheld a district court's injunction against the rule in Tennessee, Kentucky, Ohio, Indiana, Virginia, and West Virginia. The court argued that the rule's definition of sex discrimination likely exceeded the Education Department's authority. This decision prevents these states from implementing the rule, which includes provisions like using preferred pronouns and allowing students to participate in sports consistent with their gender identity.

Meanwhile, the Fifth Circuit upheld a separate injunction for Louisiana, Mississippi, Idaho, and Montana. This ruling came after the Department of Education failed to convince the court that delaying the rule would cause irreparable harm. The court noted that enforcing the rule could impose significant administrative costs and legal uncertainties on these states.

The rulings underscore the ongoing legal battles over expanding Title IX protections to include sexual orientation and gender identity, with conservative states challenging the federal government's authority in this domain. These setbacks come after a similar injunction was upheld by the Sixth Circuit in June, affecting federal guidance documents related to LGBTQ+ student rights.

The Biden administration's rule, set to take effect on August 1, 2024, is now blocked in multiple states, with ongoing litigation likely to continue influencing the rule’s future. The cases in question are Tennessee v. Cardona and Louisiana v. US Department of Education.

Block on Biden Trans Rights Rule Upheld by 2 Appeals Courts (1)

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