IOC ‘regrets’ Russian athletes’ Olympic appeal success

On Thursday, CAS ruled to drop the Olympic lifetime bans of 28 athletes, reinstate their results and make them eligible to compete in the PyeongChang 2018 Winter Olympic Games, stating that the evidence in their cases was “insufficient” to establish that “an anti-doping rule violation (ADRV) was committed by the athletes.”

CAS did however partially uphold the appeals of 11 other Russian athletes, but downgraded their lifetime Olympic bans to “ineligibility” only for the upcoming PyeongChang Games, which begin on February 9.

An IOC statement released following the ruling read, “On the one hand, the confirmation of the Anti-Doping Rule Violations for 11 athletes because of the manipulation of their samples clearly demonstrates once more the existence of the systemic manipulation of the anti-doping system at the Olympic Winter Games Sochi 2014.

“On the other hand, the IOC regrets very much that – according to the CAS press release – the panels did not take this proven existence of the systemic manipulation of the anti-doping system into consideration for the other 28 cases.”

The IOC statement outlined that CAS required a “higher threshold” of evidence than required by the Oswald Commission, a WADA-backed investigation into alleged state-sponsored doping, and the findings of which led to the initial bans. The organization said it will “consider consequences, including an appeal to the Swiss Federal Tribunal.”

Russian athletes are still only allowed to compete at PyeongChang by invitation from the IOC, as the decision by the organization’s Executive Board on December 5 to suspend the Russian Olympic Committee (ROC) remains in place. Therefore, the 28 athletes are not automatically guaranteed a place at PyeongChang.

Among those free to compete in the games are Sochi Olympic champion cross-country skiers Alexander Legkov and Maxim Vylegzhanin. Speed-skater Olga Fatkulina, bobsledders Dmitry Trunenkov and Alexey Negodaylo, and skeleton racer Aleksandr Tretiakov – all of whom won gold or silver medals at the 2014 Sochi Olympics – were also given permission to take part.

READ MORE: Russia back to 1st in overall Sochi Olympics medal count after CAS ruling

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‘Bookkeeper of Auschwitz’ to begin jail term after appeal rejected

Oskar Groening, a former SS bookkeeper, was sentenced to four years in prison in 2015 after being convicted on 300,000 counts of accessory to murder.

The 96 year old, who admitted moral guilt for his administrative role at the camp, has yet to serve any time in prison due to the appeals process.

READ MORE: 94yo ex-Auschwitz guard found guilty of ‘accessory to murder’ of 300,000 Jews

Groening’s latest clemency request has now been rejected by German authorities, according to Deutsche Welle. The reasons for the denial have not been released by the prosecutors office in Lueneburg.  

Charges against him dated back to the summer of 1944, when between May and July approximately 425,000 Jews from Hungary were transported into the Nazi death camp. It’s estimated that at least 300,000 of those individuals subsequently died at the concentration camp.

Groening’s previously appealed against time in prison citing health concerns. However, last year a German court ruled that he was fit enough to be able to serve his sentence.

“Based on expert opinion, the superior regional court finds that the convicted individual is fit to serve out the term despite his advanced age,” the court said in November.

READ MORE: 96yo ‘Bookkeeper of Auschwitz’ fit to serve jail term, says court

According to the Associated Press, authorities are expected to summon the former Nazi bookkeeper to prison. However, it’s thought that Hannover-born Groening could further delay the process through a final appeal over the clemency decision.

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Ross Ulbricht Takes Fight to Supreme Court to Appeal Life Sentence for Building a Website

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By Aaron Kesel  — Imprisoned Silk Road creator, Ross Ulbricht, has one last chance at reducing his sentence with an appeal to the Supreme Court. After that, his options in court for appealing his double-life sentence (for victimless crimes) will be extinguished.

Ross Ulbricht was arrested in 2013 for running the infamous darknet marketplace Silk Road. Ross admitted in trial that he helped create the site but denies that he was the only “Dread Pirate Roberts” (DPR) admin of Silk Road. Ross claims he sold the website and stated he was set up as the “ultimate fall guy.”

In fact, Ross Ulbricht’s defense team revealed in 2016, that one month after Ulbricht’s arrest (October 1st) on November 18, 2013, someone logged into “Dread Pirate Roberts” account on the Silk Road forum. The team has also disclosed that “evidence-tampering” may have taken place; these facts were documented in a discovery letter, Bitcoin Magazine reported.

“We have recently learned that someone using the Dread Pirate Roberts account logged into the Silk Road forum nearly seven weeks after Ross was arrested. A record of this was buried deep within the five to six terabytes the government produced in the discovery. The evidence shows that the last login by DPR was made November 18, 2013, four days before the Silk Road forum was taken offline on November 22, 2013. Ross Ulbricht was arrested on Oct. 1, 2013, and has been in custody ever since.”

Lyn says that the recently uncovered evidence is mentioned in the demand for additional discovery that was sent to the AUSA in Maryland:

“There is a record in the database for every account, showing the most recent login. We don’t know when that person or persons originally gained access, or how many times they logged into Silk Road as DPR. We don’t know how many DPRs there were. What we now know from the discovery evidence provided by the government is that the last time someone using the DPR account logged into the Silk Road Forum was November 18, 2013, when Ross Ulbricht had been in prison for nearly seven weeks.”

She continues:

“Joshua Dratel, Ross’ lawyer, said a long time ago that we only know the tip of the iceberg regarding the corruption in this case. This week we have seen another big chunk of ice revealed: evidence tampering and apparently at least one additional DPR. If this backup of the forum database had not been saved or discovered; if logins made by DPR after Ross’ arrest were not found, no one would be the wiser. This begs the question: how much more is there? Unfortunately we may never know, as it’s the nature of digital evidence that it’s easily changed, planted or deleted without a trace. That my son — or anyone — would get a life sentence without parole based on vulnerable digital evidence, especially when it’s been corrupted, puts us all in peril.”

The guy who concocted DPR and mentored Ulbricht, according to Wired, was someone who called himself Variety Jones, and later, Cimon.

A federal judge, U.S. District Judge Kathleen Forrest, sentenced Ross Ulbricht to life in prison without parole in 2015.

It also came out that there was government corruption in the case that the jury was not allowed to know about during the trial. Federal agents Carl Mark Force IV and Shaun Bridges, who were involved in the Silk Road investigation, used their position to steal and extort millions of dollars in Bitcoin for the website and its users. Due to this corruption, Ulbricht’s lawyers subsequently filed for a re-trial motion on March 6th 2015.

On appeal last year, Ulbricht had argued that the evidence gathered with five warrantless “pen/trap orders” allowed the government to monitor IP addresses associated with traffic to and from Ulbricht’s home router, which ultimately violated his Fourth Amendment rights.

That re-trail appeal was denied by the courts last year, with the decision being upheld by a panel of three judges. Citing the 1979 Smith v. Maryland, case which allowed investigators to gather dialed phone numbers without a warrant, the panel of judges said that IP addresses were similar to phone numbers.

His defense “called for a re-evaluation of the third-party disclosure doctrine established by Smith.” But the judges were bound by it “until and unless it is overruled by the Supreme Court,” Circuit Judge Gerard Lynch wrote on behalf of the three-judge panel.

The Supreme Court will be weighing in on these issues and more in the case, as reported by Reason.

Kannon K. Shanmugam, the lawyer managing the appeal, summed up the legal issues that require settling by the Supreme Court in a December memo to potential amici in the case. Even those who might never dream of launching a darkweb site facilitating possibly illegal substance sales should be very worried about how the government convicted and sentenced Ulbricht, he explains:

This case presents two important questions of constitutional law with broader significance for the rights of criminal defendants generally. First, the Second Circuit affirmed the government’s warrantless collection of Mr. Ulbricht’s Internet traffic information by relying on the third-party doctrine, which the Court is reviewing in a different context this Term in Carpenter v. United States….This case would afford the Court an ideal opportunity to address how the doctrine applies to Internet traffic information.

Lyn Ulbricht told Activist Post in an email to this writer that this is one of the most important cases of our time and this is more than just about Ross, this is about our digital rights. Further, isn’t U.S. law supposed to prevent cruel and unusual punishment? You wouldn’t know that was the case with the fact that the judge bypassed a jury and enhanced Ulbricht’s sentencing with unproven allegations that were never brought to trial. The Ross Ulbricht case will set a precedent for the Fourth and Sixth Amendments to the U.S. Constitution. As Lyn stated to Activist Post:

Ross’ petition to the Supreme Court presents important constitutional questions that have broad significance, not only for the rights of criminal defendants but for us all.  Can the government legally collect our Internet traffic without a warrant? Does a judge have the right to bypass a jury and enhance an unreasonable sentence with unproven allegations never brought to trial? The ultimate question here is whether the Fourth and Sixth Amendments are still viable and we should all be concerned about how the court answers.

We completely agree: this is about liberty and digital rights, and limiting government overreach.

Ulbricht is also appealing the obscene length of his sentence at the Supreme Court:

Second, the Second Circuit affirmed the sentencing court’s determination of facts never submitted to the jury, which significantly altered the Guidelines range and ultimately led the court to impose a life sentence—a sentence the Second Circuit admitted “condemn[s] a young man to die in prison.” Several justices have previously questioned whether this kind of judicial factfinding violates the Sixth Amendment. For both these reasons, this case warrants Supreme Court review.

To end with a quote: “This case is the birth of law as applied to our digital future. Watch it as a spectator at your peril.” – Scott H. Greenfield, attorney.

Aaron Kesel writes for Activist Post, where this article first appeared. Support us at Patreon. Follow them on FacebookTwitterSteemit, and BitChute

Source Article from http://thefreethoughtproject.com/ulbricht-supreme-court-appeal-sentences/

89-Year-Old Grandma Loses Appeal, Sentenced to Prison for Questioning the Holocaust

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Detmold, Germany – An 89-year-old German woman was sentenced to 14 months in prison for incitement of racial hatred after losing an appeal on a prior conviction.

Ursula Haverbeck, often referred to in the German press as the “Nazi Grandma,” is known for extremist views that have run afoul of German hate speech laws in the past—with courts having previously given her fines and another suspended sedition sentence, according to Fox News.

In Germany, anyone who publicly denies, endorses or plays down the extermination of Jews during Adolf Hitler’s regime can be sentenced to a maximum of five years in jail for incitement of racial hatred.

Wikipedia explains German hate speech laws as:

Volksverhetzung, in English “incitement of the masses”, “instigation of the people”, is a concept in German criminal law that refers to incitement to hatred against segments of the population and refers to calls for violent or arbitrary measures against them, including assaults against the human dignity of others by insulting, maliciously maligning, or defaming segments of the population. It is often applied to, though not limited to, trials relating to Holocaust denial in Germany.

According to a report by German state-run broadcaster, Deutsche Welle (DW):

A German court in Detmold has sentenced Holocaust denier Ursula Haverbeck to 14 months in prison, after the 89-year-old woman lost her appeal to a prior conviction on Tuesday. However, four months were shaved off her original conviction of 18 months. Prosecutors wanted the sentence upheld, Haverbeck’s lawyers were seeking exoneration.

 

The Detmold court had initially sentenced Haverbeck to eight months imprisonment in September 2016, after she sent a letter to the town’s mayor, Rainer Heller, claiming that Auschwitz was not a concentration camp.

 

Following the trial, the octogenarian handed out pamphlets to journalists, as well as the judge and prosecutor, entitled “Only the truth will set you free,” in which she once again denied the Nazi atrocities. Haverbeck was handed an additional 10-month sentence for the stunt.

In the United States, incitement of violence is criminal but “assaults against human dignity of others by insulting, malicious maligning, or defaming segments of the population” are considered an exercise of free speech, and thus protected under the First Amendment.

Essentially, German law has criminalized speech as a means of controlling political discourse—meaning the government will tell you what is acceptable to say, and who is fair game to malign, and what groups and classes are protected.

While some speech may be extreme and repulsive, the prohibition on certain ideas, even the most repugnant, being put into the public marketplace of thought is a fast track to totalitarian governmental control—essentially legitimizing the “thought police.”

According to DW:

Haverbeck and her late husband Werner Georg Haverbeck, who was an active member of the Nazi party in the run-up to and during the Second World War, founded a right-wing education center called Collegium Humanum, which has been banned since 2008. She has also written for the right-wing magazine Stimme des Reiches (Voice of the Empire), which she also used to express her views that the Holocaust never took place.

Haverbeck has been sentenced on similar charges on five other occasions but has not yet served any jail time as she appeals the cases.

In October, she was sentenced to six months in prison by a Berlin court after being found guilty of inciting racial hatred for claiming the gas chambers at Auschwitz concentration camp “were not real.”

Prior to that, in August, she was given a two-year prison sentence by a regional court in Lower Saxony, according to DW.

The 89-year-old has appealed the rulings passed down against her in each case and claims she has been merely been repeating an opinion.

The most recent appeal verdict is not final, either, as Haverbeck’s attorneys plan to take the case to the Higher Regional Court in Hamm – which will serve as the final opportunity to challenge the prison sentence.

As Hall wrote in The Friends of Voltaire: “I disapprove of what you say, but I will defend to the death your right to say it.”

Source Article from http://thefreethoughtproject.com/89-year-old-nazi-grandma-prison-speech/

Re: Israeli President Rivlin rejects Hebron Shooter’s appeal

Israeli president Reuven Rivlin rejected Hebron shooter Elor Azaria’s request for a pardon, Sunday.

According to a statement from Rivlin’s office: “The president has taken into account the offenses you committed and their circumstances… and he has decided to reject the request.”

This rejection comes after Defense Minister, Avigdor Liberman, asked for a pardon in a letter to the president two weeks ago.

Azaria is a former army medic who shot and killed Abdel Fatah al-Sharif a Palestinian youth who lay incapacitated on the ground on 24 March, 2016.

Read: Lieberman urges Rivlin to pardon soldier who killed wounded Palestinian

Azaria was found guilty of manslaughter by a military court in January and sentenced 18 months in prison, and was demoted to the rank of private in February.

Videos of the incident show Azaria shooting the incapacitated al-Sharif while he lay immobile on in the street.



Source Article from https://www.middleeastmonitor.com/20171120-israeli-president-rivlin-rejects-hebron-shooters-appeal/#comment-3624096527

Catalan govt says it will appeal Madrid takeover in Spain’s Constitutional Court

The Catalan government says it will appeal the application of Article 155 in the Spanish Constitutional Court, according to Reuters. It comes three days before the Spanish Senate is expected to approve the implementation of the never-before-used article, which would reassert the central government’s control on Catalonia. Spanish Prime Minister Mariano Rajoy moved to invoke the article on Saturday, amid his government’s claims that Catalonia’s recent independence vote was illegal and void. If the article is approved, the central government plans to run all departments in Catalonia’s administration or create new bodies to do so. It would also see Catalan President Carles Puigdemont dismissed from his post, along with Catalonia’s vice president and all of the region’s ministers, according to Rajoy.

Source Article from https://www.rt.com/newsline/407620-catalonia-article-155-appeal/?utm_source=rss&utm_medium=rss&utm_campaign=RSS

Secret Appeal Hearing for Oklahoma City Police Officer Sentenced to 263 in Prison for Raping 12 Women

Download your free copy now.


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DreamHost refuses to handle Antifa info to DOJ, says will appeal court decision









 






A Washington, D.C. judge on ordered web firm DreamHost to give the government data about individuals connected to a website used to organize protests against President Donald Trump’s inauguration.

DreamHost hosts Disruptj20.org, a website for organizing protests of Trump’s inauguration, Politico reports. The Justice Department originally sought a search warrant based on the argument that the site helped facilitate protests that became violent, resulting in the arrest of more than 200 people.

Nearly 200 of those individuals are facing criminal riot charges in connection with violence and property damage that occurred during inauguration protests in D.C. in January.

Chief Judge Robert E. Morin of the D.C. Superior Court said that he would restrict how the government reviews the material, in order to prevent impingement on First Amendment rights. The government will be required to disclose who searches the material and their process, as well as develop a plan to minimize searching unrelated material.

Nonetheless, DreamHost’s lawyers warned of a “chilling effect,” and suggested that they may appeal the court’s decision.

“Providing the information outright to the government for the government to review and identify who the individuals are and what they said in relation to political expression, speech, and exercising their right of association is entirely problematic,” said one DreamHost attorney.

The information sought by the Justice Department includes emails and other personal information of people who communicated with DisruptJ20, which prosecutors say contributed to a “premeditated riot” on the day of the inauguration.

The ruling comes after the Justice Department narrowed its original warrant, which would have sought information on all 1.3 million visitors to DisruptJ20. The original request brought serious criticism and a rebuke from DreamHost, which saw it as a dangerous infringement on its users’ political rights.

The Justice Department declared:

“The government values and respects the First Amendment right of all Americans to participate in peaceful political protests and to read protected political expression online. This Warrant has nothing to do with that right. The Warrant is focused on evidence of the planning coordination and participation in a criminal act – that is, a premeditated riot. The First Amendment does not protect violent, criminal conduct such as this.”

Last week, DreamHost revealed that the Justice Department had delivered it a warrant asking for “all files” related to DisruptJ20.org, a site the government says was used to organize a riot in downtown Washington, D.C., during the Inauguration. The Justice Department is pursing felony riot charges against nearly 200 people; 19 others have already pleaded guilty.

But even the new warrant has been criticized by digital rights activists. Mark Rumold, an attorney at the Electronic Frontier Foundation, a digital rights group, expressed his concerns.

“I’m still deeply uncomfortable with DOJ rifling through a bunch of First Amendment-protected communications,” Rumold said.

“These types of limitations are positive, and they help narrow the scope of the intrusion, but they don’t eliminate all of the concerns.”

What a bunch of hypocrites these DreamHost guys are! They talk about constitutional rights and freedom of speech all while shutting down Andrew Anglin’s new punishedstormer.com for no reason whatsoever, aside from the difference in political views. What about his free speech rights?

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Theresa May rejects 9/11 survivors’ appeal to release Saudi Arabia terrorism report









 






What are they hiding? Why are they protecting the Saudis?? After 16 years? It must be serious stuff in there if after all this time and with so many victims, they just don’t care and flat-out side with the terrorists and deny to release the info to the victims… shocking!

Prime Minister Theresa May has rejected an appeal by survivors of the 9/11 terrorist attacks to publish a report into the role of Saudi Arabia in funding Islamic extremism in Britain.

In July, the government announced that the Home Office report, which was commissioned by former Prime Minister David Cameron, will not be published because of “national security reasons” and the “vast amount of personal information” it contains.

The announcement that the report, completed six months ago, would be permanently shelved has sparked widespread condemnation amid claims the government is trying to cover up substantial evidence of Saudi Arabia funding terrorist organizations in the UK.

Joining the chorus of opposition, a group of 9/11 survivors signed a public letter to May, urging her to publish the report.

“The UK now has the unique historic opportunity to stop the killing spree of Wahhabism-inspired terrorists by releasing the UK government’s report on terrorism financing in the UK which, according to media reports, places Saudi Arabia at its center of culpability,” the letter, signed by 15 survivors, read.

“The longer Saudi Arabia’s complicity is hidden from sunlight, the longer terrorism will continue.”

The British government has rejected their request, however.

Sharon Remoli, who was on the 80th floor of the North Tower of the World Trade Center in New York when the first plane hit, told the Independent: “The US and the UK continue to protect Saudi Arabia, allowing them to operate freely, with impunity, even supplying them with lethal weapons, as they go about their usual business of inspiring tolerance, committing genocide and human rights violations.”

Brett Eagleson, whose son John died on the 17th floor of the South Tower, told the newspaper the British government is withholding potentially-crucial information.

“When the UK government had the opportunity to shed light on the funding of terrorism and had the opportunity to make real inroads on the global fight against terror, they have chosen to take the path of least resistance by putting the cozy relationship with Saudi Arabia before the safety of its own citizens,” he said.

“It’s a shameful day for democracy.”

Although 15 of the 19 hijackers who attacked New York and Washington were citizens of Saudi Arabia, the authorities in Riyadh have long denied any official role in the attack.

Britain’s Tory government has already faced harsh questions over the viability of its diplomatic ties with Saudi Arabia, especially after it emerged that Britain continues to sell arms to the Gulf kingdom.

Those very same arms are reportedly being used in the Saudi-led campaign against Houthi rebels in Yemen, where thousands have been killed.

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