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Appeal heard in lawsuit to block coronavirus relief for undocumented immigrants


County, nonprofit dispute whether private citizens can enforce federal statute
May 7, 2021 | 9:24 pm
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A lawsuit claiming Montgomery County’s distribution of COVID-19 relief money to immigrants living in the country illegally was argued in a federal appeals court this week.
The federal lawsuit, which the nonprofit group Judicial Watch filed in May 2020, seeks to prevent the county from distributing millions in financial assistance to low-income residents who do not have legal status.
The lawsuit argues that doing so would violate federal law because it was not approved by the state legislature.
Judicial Watch filed the lawsuit on behalf of Montgomery County residents Sharon Bauer and Richard Jurgena. The defendants are County Executive Marc Elrich and Raymond Crowel, director of the county’s Department of Health and Human Services. ....

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Virginia Official Brings Libel Case Against CBS to Fourth Circuit


Virginia’s lieutenant governor is asking the appeals court to reinstate his defamation lawsuit over the network’s exclusive interviews with women who accused him of sexual assault.
Virginia Lt. Gov Justin Fairfax looks over a briefing book prior to the start of a state Senate session in Richmond in 2019. (AP Photo/Steve Helber)
RICHMOND, Va. (CN) Arguing a CBS interview inflated and endorsed two women’s claims that Virginia Lieutenant Governor Justin Fairfax sexually assaulted them, his lawyer told an appeals panel Thursday the official’s libel suit was wrongly tossed out.
“CBS did not just report the false allegations of rape and sexual assault against Justin Fairfax. It heavily promoted direct interviews resurrecting false allegations, two months after they were made,” Fairfax’s attorney Tillman Breckenridge said before the Fourth Circuit at a remote hearing Thursday. ....

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Fourth Circuit upholds ruling denying a new hearing in Loughry case


RICHMOND, Virginia – The Fourth Circuit Court of Appeals has upheld a federal judge’s ruling denying former state Supreme Court Justice Allen Loughry a new hearing.
Loughry, who finished his federal prison sentence last week, had requested a new hearing based on a juror using social media during his 2018 trial. U.S. District Judge John Copenhaver had denied a new hearing, but Loughry’s attorneys appealed to the Fourth Circuit. A three-judge panel upheld Copenhaver’s ruling in a December 21 opinion.
“The long and short of this case is that evidence indicates that Juror A had some pretrial exposure to news of the investigations of the West Virginia Supreme Court justices and participated modestly in the public dialogue via a few ‘likes’ and retweets on Twitter,” the panel wrote. “But evidence further indicates that she engaged in no prohibited contacts or communications during trial. As we have noted, social media does heighten the risk that jurors will be ....

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Fourth Circuit Hears Free Speech Case Centered on Racial Slur


The Fourth Circuit Court of Appeals building in Richmond, Va. (Photo via Acroterion/Wikimedia)
(CN) A Fourth Circuit panel heard arguments Thursday over whether a former Air Force officer’s use of a racial slur toward a Black store clerk fell within the “fighting words” exception to free speech protection.
Lieutenant Colonel Jules Bartow was convicted under Virginia’s abusive language statute for posing a series of rhetorical questions that included a racial slur to a sales associate at the Marine Corps Exchange store in Quantico.
His counsel on Thursday pressed a three-judge-panel of the Richmond-based appeals court to overturn a federal judge’s denial of his motion for acquittal last year after a bench trial. The lower court judge held that Bartow’s speech was not protected under the First Amendment because he had used “fighting words.” ....

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