Police use tear gas around the Capitol building where pro-Trump supporters riot and breached the Capitol in Washington, D.C., on Jan. 6, 2021. Photo: Lev Radin/Pacific Press/LightRocket/Getty ImagesPolice use tear gas around the Capitol building where pro-Trump supporters riot and breached the Capitol in Washington, D.C., on Jan. 6, 2021. Photo: Lev Radin/Pacific Press/LightRocket/Getty Images
Capitol Mob May Say Trump Made Them Do It. But That Hasnât Always Worked as a Defense.
A Kansas man who plotted to blow up Somalis argued that he was swayed by the presidentâs anti-immigrant rhetoric. He got 30 years.
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In 2019, the U.S. Court of Appeals for the Second Circuit made headlines when it ruled that creditors state law fraudulent transfer claims arising from the 2007 leveraged buyout ( LBO ) of Tribune Co. ( Tribune ) were preempted by the safe harbor for certain securities, commodity or forward contract payments set forth in section 546(e) of the Bankruptcy Code. In
In re Tribune Co. Fraudulent Conveyance Litig., 946 F.3d 66 (2d Cir. 2019),
petition for cert. filed, No. 20-8-07102020, 2020 WL 3891501 (U.S. July 6, 2020) (
Tribune 2 ), the Second Circuit concluded that a debtor may itself qualify as a financial institution covered by the safe harbor, and thus avoid the implications of the U.S. Supreme Court s decision in