Articles Tagged: Due Process

 

Judge Extends Block on White House Press Ban, Signals First Amendment Trouble for Administration

A federal judge in Washington, D.C., has extended and broadened an order preventing the Trump administration from excluding reporters from CNN, MS NOW, and Politico from White House access, a ruling that puts constitutional limits on executive control over press credentials and event access into sharp focus.

U.S. District Judge Timothy Kelly concluded that the news organizations are likely to succeed on claims that the exclusion violated both the First Amendment and the Fifth Amendment’s due process protections.

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Texas Criminal Appeals Court Orders New Trial After False Testimony Taints Rape Convictions

In a significant ruling for Texas criminal practice, the Texas Court of Criminal Appeals reportedly vacated the rape convictions of three men and held they are entitled to a new trial because prosecutors allowed false testimony from the accuser to be presented. As flagged in Law360’s appellate coverage, the decision was divided — a reminder that even where appellate courts agree a trial was flawed, the path to relief can turn on contested views of materiality, prosecutorial knowledge, and prejudice.

The legal principle at the center of the ruling is a familiar but powerful one: the state cannot secure or preserve a conviction through testimony it knows, or should know, is false.

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Tennessee Judge Tosses Kilmar Ábrego García Prosecution as Vindictive

A federal judge in Nashville has dismissed the Justice Department’s criminal case against Kilmar Ábrego García, concluding that the prosecution was vindictive and retaliatory. The ruling stands out because it does more than reject a charging decision on ordinary sufficiency grounds: it ties the government’s criminal case to Ábrego García’s success in challenging his earlier removal to El Salvador.

That makes the opinion especially notable for litigators watching the boundary between aggressive prosecution and unconstitutional retaliation.

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Roberts Pauses Return Order in Abrego Garcia Deportation Fight

Chief Justice John Roberts has temporarily halted a lower-court order directing the federal government to return Kilmar Abrego Garcia from El Salvador, escalating what is quickly becoming one of the most closely watched emergency immigration disputes on the Court’s shadow docket.

The case arises from the government’s acknowledgment that Abrego Garcia was deported because of an “administrative error,” despite a lower court’s conclusion that he was lawfully present and could not be removed without due process.

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