September 20, 2017 nº 1,907 - Vol. 14
"When thinking about life, remember this: No amount of guilt can solve the past and no amount of anxiety can change the future."
Read Migalhas LatinoAmérica in Spanish every Tuesday and Thursday. Visit the website at la.migalhas.com
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Defamation Lawsuit Against Donald Trump Gains Support From Law Professors
Three law professors who 20 years ago submitted an amicus brief arguing that Bill Clinton wasn't immune from civil suit during his presidency are again appearing in court to make a similar contention with respect to Donald Trump. On Tuesday, Pennsylvania Law School professor Stephen Burbank, Harvard Law School professor Richard Parker, and University of Texas law professor Lucas Powe Jr. submitted a proposed amicus brief in Summer Zervos' defamation lawsuit against Trump. Zervos, who appeared on season five of The Apprentice, alleges her reputation was damaged when Trump accused her of making up a story about being kissed and attacked in a hotel room in 2007. In response to the lawsuit, Trump's attorney characterizes the lawsuit as "politically motivated" and asserts that the US Constitution forbids this case from proceeding at this juncture. The argument is grounded upon the Supremacy Clause, which a dismissal motion interprets as meaning "that state governments, including their courts, refrain from interfering in the operations of the federal government." "No one in our nation is above the law, not even the President," responds the professors' amicus brief. "The Supreme Court has accordingly held that the Constitution does not immunize the President against civil suits based on conduct that is wholly unrelated to the President's execution of his office."
New resolution
In this new article, Welson H. Lassali Rodrigues, lawyer at Chiarottino e Nicoletti - Advogados, explains the new resolution of the Brazilian Central Bank and how this expands the list of operations that are prohibited to Brazilian financial institutions. (Click here)
1 - EU seeks to limit trade of torture instruments. (Click here)
2 - Google faces lawsuit over removing Gab from Play Store. (Click here)
3 - Senate backs massive increase in military spending. (Click here)
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China orders Bitcoin exchanges in capital city to close
China is moving forward with plans to shut down Bitcoin exchanges in the country, starting with trading platforms in key cities. All Bitcoin exchanges in Beijing and Shanghai have been ordered to submit plans for winding down their operations by 20 September. The move follows the Chinese central bank's decision to ban initial coin offerings in early September. Top exchange BTCC said it would stop trading at the end of the month. Chinese authorities decided to ban digital currencies as part of a plan for reducing the country's financial risks. A website set up by the Chinese central bank warned that cryptocurrencies are "increasingly used as a tool in criminal activities such as money laundering, drug trafficking, smuggling, and illegal fundraising".
China hit by financial scam 'epidemic'
Low levels of education have fuelled the spread of illegal and harmful pyramid schemes in rural China.
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Trump's first UN speech met with criticism from some leaders
Trump's first major speech at the United Nations has been denounced by some of the member nations he singled out for criticism. The US president included Iran among "a small group of rogue regimes", and said the US would "totally destroy" North Korea if forced to do so. Iran's foreign minister said: "Trump's ignorant hate speech belongs in medieval times", and not the UN. North Korea has yet to respond to the president's threat of destruction. Trump's speech laid out a vision for a world filled with sovereign states which worked for the betterment of their citizens - but he spent large portions targeting what he called "rogue nations" which are "the scourge of our planet today".
Spanish raid on Unipost deals blow to Catalan vote
Spanish police have discovered a mass of documents directly related to a banned Catalan independence referendum scheduled for 1 October. Early on Tuesday, the Guardia Civil arrived at offices of Spain's biggest private delivery company, Unipost, in the Catalan city of Terrassa. Catalan police officers scuffled with pro-secession protesters trying to block the street outside. Catalan leaders are defying a court order to halt the vote. They are trying to organize the referendum, despite a series of attempts by the national government to prevent it going ahead. The Madrid government has been backed up by Spain's Constitutional Court, which suspended the referendum law passed by the Catalan parliament.
Lawmaker seeks consensus on online sex-trafficking bill
A key US Senate committee chairman urged internet companies to reach a deal on legislation to combat online sex trafficking, pressuring the technology industry to help forge a consensus on a bill it has largely opposed.
Fixing the 'Brain Damage' caused by the I.P.O. process
Entrepreneurs are exploring new ways to list companies on exchanges — and placate stock-holding Silicon Valley employees — while avoiding the pitfalls of initial public offerings.
Moscow Court rejects Holocaust hero family's lawsuit
The Moscow Meshchansky court rejected a lawsuit Monday filed by a relative of Raoul Wallenberg, seeking to access uncensored documents concerning Wallenberg's death in Soviet captivity. Wallenberg was a Swedish diplomat who is said to have rescued thousands of Hungarian Jews during World War II. Soviet forces captured Wallenberg in 1945 for espionage and placed him in KGB's Lubyanka Prison. The USSR released a document in 1954 saying Wallenberg died in the Lubyanka Prison of heart failure in 1947. The actual cause of Wallenberg's death is still speculative. Wallenberg's niece, Marie Dupuy filed the lawsuit against KGB successor, the Federal Security Service, requesting documents that would shed light on the circumstances surrounding his death. Ivan Pavlov, the lawyer representing the family, said "Russian authorities have been repeatedly declining to provide Wallenberg's relatives with documents, which could clarify his fate." The court rejected the lawsuit, stating that the documents could not be released because they also contained personal information about other individuals. (Click here)
US deficit rises to 2008 levels
The US current account deficit, which is the broadest measure of US trade, rose to $123.1bn in the second quarter - its highest level since 2008. The rising gap was driven by a $5.2bn fall in income receipts from foreigners, particularly in government fines and penalties. The Commerce Department said exports of US goods also slipped, while US income from overseas investments shrank. Trump's administration has made reducing the deficit a focus. The president maintains that persistent deficits have cost the US jobs.
UK reveals details of proposed new EU security deal
The government has revealed details of its proposed new security treaty between the UK and the EU after Brexit. Ministers hope the treaty will provide a legal basis for co-operating on law enforcement, security and criminal justice, but did not outline any costs. Whitehall officials are understood to be optimistic the plans will be agreed. Both Labour and the Lib Dems criticized a specific proposal to end the direct jurisdiction of the European Court of Justice (ECJ) after the UK's departure. The government document outlining the plans said the new security treaty would need to be underpinned by a new legal agreement since the UK would leave the ECJ. But it said it should be possible for the UK to secure an agreement with Europol - the EU intelligence agency - that provides the same benefits as now. (Click here)
Toys 'R' Us files for bankruptcy protection in US
Toys 'R' Us has filed for bankruptcy protection in the US and Canada as it attempts to restructure its debts. The firm was once a dominant player in the US toy market, but has struggled against larger rivals such as Amazon. The move casts a shadow over the future of the company's nearly 1,600 stores and 64,000 employees. However, a US bankruptcy judge approved a loan of more than $2bn to help stabilize the toy chain. The aim is to give Toys 'R' Us money and time to prepare for the upcoming Christmas shopping season. The bankruptcy filing by Toys “R” Us shows just how much pain store operators are feeling — and highlighted that more suffering is in store.
'Fake News' in Kenya's election undermines rule of La
An upsurge in fake news, hate speech and ethnic-profiling after Kenya's Supreme Court nullified the presidential election risks undermining the East African country's constitution and institutions, the embassies of the US, UK and 14 other nations said. Kenyan authorities should hold to account those responsible for incitement and ensure the safety of those wrongly attacked, including people working at foreign embassies, the missions said Tuesday in an emailed statement, without describing specific incidents. The embassies also condemned "malicious" documents about the judiciary that have been publicly circulated and "contain false statements that could endanger lives."
Doctor's defamation suit highlights online patient reviews
A defamation lawsuit filed by an Ohio plastic surgeon that is slated to go to trial early next year could have far-reaching consequences for disputes between doctors and their patients over online reviews about the quality of medical care, according to legal experts.
FBI wiretapped Trump campaign chief Paul Manafor
Trump's campaign chairman, Paul Manafort, was wiretapped by the FBI due to concerns about his links with Moscow. The reported surveillance, granted under a court warrant, occurred both before and after the 2016 election. Manafort is said to be facing an indictment. His spokesman called on the Justice Department to investigate the leak. If true, it is a felony to reveal the existence of a Fisa warrant, regardless of the fact that no charges ever emerged.
Tata and ThyssenKrupp 'agree' first stage of merger deal
India's Tata Steel and German steel manufacturer ThyssenKrupp have agreed the first stage of a deal to merge. Tata's £15bn pension scheme had been a major sticking point. It follows an agreement with workers and the support of the pensions regulators, which means Tata has distanced itself to a large extent from its pensions liabilities. That has made a deal more likely between the two companies.
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