Court
Trump probe: Court halts Mar-a-Lago special master review
A unanimous federal appeals court on Thursday ended an independent review of documents seized from former President Donald Trump’s Florida estate, removing a hurdle the Justice Department said had delayed its criminal investigation into the retention of top-secret government information.
The decision by the three-judge panel represents a significant win for federal prosecutors, clearing the way for them to use as part of their investigation the entire tranche of documents seized during an Aug. 8 FBI search of Mar-a-Lago. It also amounts to a sharp repudiation of arguments by Trump’s lawyers, who for months had said that the former president was entitled to have a so-called “special master” conduct a neutral review of the thousands of documents taken from the property.
The ruling from the Atlanta-based U.S. Court of Appeals for the 11th Circuit had been expected given the skeptical questions the judges directed at a Trump lawyer during arguments last week, and because two of the three judges on the panel had already ruled in favor of the Justice Department in an earlier dispute over the special master. The decision was a unanimous opinion from the panel of Republican appointees, including two who were selected by Trump. In it, the court rejected each argument by Trump and his attorneys for why a special master was necessary, including his claims that various seized records were protected by attorney-client privilege or executive privilege.
“It is indeed extraordinary for a warrant to be executed at the home of a former president — but not in a way that affects our legal analysis or otherwise gives the judiciary license to interfere in an ongoing investigation,” the judges wrote.
Read more: Musk restores Trump’s Twitter account after online poll
A Trump spokesperson said Thursday’s decision was “purely procedural” and did not address the “impropriety” of the raid, and promised that the ex-president would “continue to fight” against the Justice Department. Lawyers for Trump did not immediately respond when asked if they would appeal the ruling.
The special master litigation has played out alongside an ongoing investigation examining the potential criminal mishandling of national defense information as well as efforts to possibly obstruct the documents probe. Attorney General Merrick Garland last month appointed Jack Smith, a veteran public corruption prosecutor, to serve as special counsel overseeing that investigation. It remains unclear how much longer the investigation will last, or who, if anyone, might be charged. But the probe has shown signs of intensifying, with investigators questioning multiple Trump associates about the documents and granting one key ally immunity to ensure his testimony before a federal grand jury. And the appeals court decision is likely to speed the investigation along by cutting short the outside review of the records.
The conflict over the special master began just weeks after the FBI’s search, when Trump sued in federal court in Florida seeking the appointment of an independent arbiter to review the roughly 13,000 documents the Justice Department says were taken from the home. A federal judge, Aileen Cannon, granted the Trump team’s request, naming veteran Brooklyn judge Raymond Dearie to serve as special master and tasking him with reviewing the seized records and filtering out from the criminal investigation any documents that might be covered by claims of executive privilege or attorney-client privilege.
Read more: Jan. 6 panel summons Trump, shows startling new video
She also barred the Justice Department from using in its criminal investigation any of the seized records, including the roughly 100 with classification markings, pending the completion of Dearie’s work.
The Justice Department objected to the appointment, saying it was an unnecessary hindrance to its criminal investigation and that Trump had no credible basis to invoke either attorney-client privilege or executive privilege to shield the records from investigators.
It sought, as a first step, to regain access to the classified documents. A federal appeals panel sided with prosecutors in September, permitting the Justice Department to resume its review of the documents with classification markings. Two of the judges on that panel — Andrew Brasher and Britt Grant, both Trump appointees — were part of Thursday’s ruling as well. The department also pressed for unfettered access to the much larger trove of unclassified documents, saying such records could contain important evidence for their investigation.
In its ruling Thursday, the appeals court directed Cannon to dismiss the lawsuit that gave rise to Dearie’s appointment and suggested Trump had no legal basis to challenge the search in the first place.
“The law is clear. We cannot write a rule that allows any subject of a search warrant to block government investigations after the execution of the warrant. Nor can we write a rule that allows only former presidents to do so,” the judges wrote.
“Either approach,” they added, “would be a radical reordering of our caselaw limiting the federal courts’ involvement in criminal investigations. And both would violate bedrock separation-of-powers limitations.”
Bomb attack: 8 cleared of charges in 2003 death of Khulna policemen
A Khulna court on Thursday cleared eight accused of charges in the 2003 death of two policemen in a bomb attack.
Khulna Metropolitan Sessions Judge Court Judge Mahmuda Khatun gave the order during a hearing.
The acquitted are Abdur Rashi Malitha Tapan, Milan, Kamal, Biplab, Sheikh Sahadat Hossain Raju, Asaduzzaman Tipu, Ekram Hossain, and Rafiqul Islam Milton, lawyer KM Iqbal Hossain, who represented the state, said.
Read: HC summons 3 Khulna lawyers to face contempt charges
According to the case complaint, on March 3, 2003, policemen Shariful, Ramesh Chandra, Nizam Uddin and Maniruzzaman were on duty at the Power House intersection of Khulna city.
Around 7:50pm some unidentified people hurled a bomb at them which blew off Maniruzzaman's legs completely and left Shariful and Ramesh severely injured.
Later, Shariful and Ramesh were declared dead after being rushed to the hospital.
Sonadanga Police Station Sub-Inspector Ashraful Islam filed two cases under the Explosive Substances Act 1908 against unnamed people.
Read: Police press chargesheet within 24 hrs of murder case in Manikganj
On September 4, 2004, police submitted a charge sheet to the court against nine people.
Of the accused, Riazul Islam Masud died; of the acquitted, Raju was in jail. Milton, Tipu, and Milan were out on bail; Ekram, Kamal, Biplab and Malitha remained absconding.
Outrage in Feni as journo produced in court tied by rope around his waist
Journalists and civil society in Feni are up in arms with outrage over an incident where a journalist was trapped in a false case and then brought to court at the end of a rope that was tied around his waist.
The victim is SM Yusuf Ali, bureau chief of Dainik Adhikar, editor of online news portal ‘Feni Report’ and a resident of Purbochandrapur union in Dagonbhuiyan upazila of the district.
M Shahjahan Saju, who stood for the victim in court, said former Superintendent of Police (SP) of the district Jahangir Alam Sarkar filed some false cases against the four journalists including his client to harass them deliberately in 2019.
Though the newsmen secured bail from the High Court in the cases later, the chargesheets were submitted by indicting them.
Journalist Yusuf Ali had somehow missed an appearance before a Feni court in hearing in one of the four cases filed with Chhagalnaiya police station.
Read more: Cop held in Feni for sodomising teen
Police picked him up from his residence around 1.30am on Wednesday and produced him before the court by tying rope around his waist on Wednesday, resulting in a severe outrage among the journalists over the matter.
He was landed in jail from the court after hearing the case.
Abu Taher, a senior journalist and heroic Freedom Fighter, said that it was a condemnable matter that a journalist was taken to the court by tiring with rope which is a clear abhorrent to the Journalism.
Advocate Laxman Banik, president of Shushanoer Jonno Nagorik, a civil society organisation, said former SP Jahangir indicted the journalists in the false cases.
“It is not lawful to produce a journalist before a court tied to a rope,” he said.
Mohammad Shahadat Hossain, Didarul Alam, president and general secretary of Feni Reporters’ Unity respectively, demanded action against the former SP upon investigation in this regard.
Read more: Feni OC, five others sued in case filed by Juba Dal leader’s wife
SP Jakir Hasan said the rope was untied and removed after the identity of the arrestee was established, putting the earlier action in a ‘cuffing’.
JP: Court clears petition on withdrawal of ban of GM Quader’s party activities
A Dhaka court on Wednesday cleared a petition filed for withdrawal of an embargo on political activities of Jatiya Party Chairman GM Quader.
Dhaka Joint District Sessions Judge-1 Masdul Haque passed the order after hearing in this regard.
On Thursday, the hearing on the petition ended while the court fixed Wednesday for delivering its order.
However, the court also fixed November 30 for submitting a written reply and hearing its main lawsuit.
On October 6, several lawyers including Sheikh Sirajul Islam and Kalim Ullah Majumdar stood for GM Quader with a petition to withdraw the ban on his political activities at the court.
In the petition, the lawyers also urged the court to lift the embargo to play his role as Chairman as per constitution of the party.
Dhaka Joint District Sessions Judge court-1 issued a temporary embargo on the political activities of GM Quader after the plaintiff of the case lodged a petition on October 31.
The party-backed lawmaker Mashiur Rahman Ranga filed another case against four people including GM Quader on the same demand at the same court on October 3.
According to the case statement, the party’s founder HM Ershad died on September 14, 2019.
Quader declared himself as chairman of the party through forgery at a council on December 28, 2019 when a writ petition case was pending at the High Court.
Later, Quader as party chairman fired several leaders including Ranga, Gazipur metropolitan unit’s advisor Ataur Rahman Sarkar and Organising Secretary Sabur Sikdar, among others, by exercising his power as per constitution of the party.
Besides, Ranga was also removed from the post of presidium member of the party on September 14 and Advocate Ziaul Hoque Mridha from the party on September 17.
Read more: Jatiya Party removes Ranga as opposition chief whip
In the case, orders were sought to declare all removals from December 28, 2019 to September 17, 2022 and council as illegal while the next council of the party to keep stayed unless the HC writ petition is disposed of.
Read more: Jatiya Party doesn't subscribe to the concept of election under caretaker government: Chunnu
Court in Chattogram: Staff withdrawn for ‘harassing’ lawyers
Lawyers in Chattogram on Sunday demonstrated and locked the courtroom of the First Additional District Judge’s Court protesting alleged harassment and misconduct by court staff in the city.
Amid chaos, all the staff of the First Additional District Judge’s Court were immediately withdrawn over the harassment of a lawyer.
According to court sources, bench assistant Saifuddin Parvez demanded money from lawyer Monjur Alam when he went to the court on Thursday to check some documents of a case.
When the lawyer refused to bribe, Parvez along with other staff of the court used abusive words at Monjur and made insulting comments about lawyers in general.
At one point of the altercation, the bench assistant and the other staff attacked Monjur, leaving him injured. As the court was closed on Friday and Saturday, the lawyers demonstrated and locked the courtroom and demanded action on Sunday.
Read: Dhaka court asks jail authorities to produce ex-SP Babul on Nov 10
Upon receiving the information, Chattogram District Lawyer’s Association President Abu Mohammad Hashem and General Secretary AHM Zia Uddin along with other leaders rushed to the court and brought the matter before Chattogram District and Sessions Judge Aziz Ahmed Bhuiyan, who then withdrew Parvez and his accomplices.
“Lawyers of the Judge’s Court are being harassed regularly by the court staff when they try to do their work. Court staff demand money from us whenever we go to check files, submit bail bonds or confirm bails from the High Court, and we are insulted if we refuse to pay. This can’t go on,” said Advocate TR Khan, Chairman of Jagrata Ainjibi Parishad.
Man sentenced to life in prison for violating daughter-in-law
A tribunal on Tuesday convicted a man and sentenced him to life imprisonment for violating his daughter-in-law in 2020.
The court also fined Tk one lakh to the convict identified as Khalil of Mirpur area of the capital, in default, to suffer six months more in rigorous imprisonment.
Dhaka Woman and Child Repression Prevention Tribunal-8 Judge Mafroza Parveen handed down the judgment.
According to the prosecution, the convict Khalil violated his daughter-in-law when she was asleep at her house in Mirpur on February 19, 2020.
The woman lodged a complaint against her father-in-law with Mirpur Model Police.
Sub-inspector of Mirpur Model Police Station and also the investigating officer of the case, Khandaker Manjur Rahi, submitted chargesheet against him on February 1, 2022.
3 to hang for killing housewife in Cumilla
A court in Cumilla has sentenced three people to death for the murder of a woman in 2016.
Cumilla district and sessions judge Md Helal Uddin handed down the punishment to the trio on Tuesday morning. However, another accused in the case was acquitted "for lack of evidence".
The death row convicts are Simon and Rakib of the Shikirgaon area of the Meghna upazila, and Tasir of the Manikarchar area of the upazila. Of them, Tasir was tried in absentia.
The acquitted person, Titu, belongs to the same area.
According to the prosecution, the woman went missing on June 20, 2016. Four days later, police had recovered her semi-decomposed body from a paddy field near her house.
On June 25, the woman's husband lodged a complaint against unidentified people at the Meghna police station. The cops later registered a murder case.
Subsequently, the investigating officer in the case submitted a chargesheet against the four people.
Court rejects Babul Akther’s petition to sue PBI chief, five other cops
A Chattogram court on Sunday rejected a plea filed by ex-Chattogram Superintendent of Police (SP) Babul Akter seeking its permission to file a case against six officials of Police Bureau of Investigations (PBI) including its chief Banaj Kumar Majumdar for torturing him in police custody.
Chittagong Metropolitan Sessions Judge Begum Jebunnessa passed the order.
The court also rejected two separate petitions for recording statement under Section 200 bringing Babul Akter to the court and seeking security in Feni prison cell.
The court in its order said it is unusual for inspectors to beat and torture the person who was an SP. Babul Akhtar appeared before the court many times seeking bail, but in this one year and four months, he never said anything like torture in police custody at the court.
The court thinks that as an accused in the case he is trying to obstruct the case in a new way, said Chattogram Metropolitan Sessions Judge Court public prosecutor Md Fakhruddin Chowdhury.
Read: Why Babul Akter should not be granted bail: HC
Babul, who is now in jail in a case over the killing of her wife Mahmuda Khanam Mitu, lodged the complaint against the six PBI officers with the court on September 8.
Advocate Habibur Rahman Labu, counsel of Babul, lodged the complaint against PBI chief Banaj Kumar Majumdar, Superintendent of PBI Chattogram , Nazmul Hasan, Naima Sultana, inspector (Khulshi) Santosh Kumar Chakma, inspector (DB CMP) AKM Mohiuddin Selim and Police Inspector Kazi Enayet Kabir.
According to the complaint, PBI officials physically tortured Babul while he was put on remand and tried to kill him.
On September 13, PBI pressed charges against Babul and six others in a case filed over the killing of his wife Mahmuda Khanam Mitu.
On June 5, 2016, unidentified assailants gunned down Babul's wife Mitu at the port city's GEC intersection while she was going to drop her son Mahir Akhter, 7, for a bus of Chittagong Cantonment Public School and College.
Soon after the crime, Babul filed a murder case at Panchlaish Police Station against three unidentified men.
The case was transferred to the Police Bureau Investigation (PBI) in 2019 after Mitu's father, himself a retired police officer, filed a complaint against the CMP's mishandling of the case.
Read: Mitu murder case: Babul Akter denied bail again
On May 12, 2021, the PBI submitted its final report and arrested Babul Akter in another case filed by Mitu’s father and since then he has been in prison.
Babul Akhter also filed a ‘naraji petition’ against the PBI report on October 14, 2021.
On November 3 last year, a Chattogram Court rejected the final report of PBI in the murder case and ordered it to conduct further investigation.
PBI in an investigation found Babul’s involvement in his wife's murder.
HC denies anticipatory bail to six over assault of Rajshahi journo
The High Court on Wednesday refused to grant anticipatory bail to six employees of Barind Multipurpose Development Authority (BMDA) in a case over attacks on journalists of a private television channel in Rajshahi.
The bench of Justice Md Rezaul Karim Hasan and Justice Md Atabullah passed the order after the bail petition was placed by the lawyer of the accused.
Deputy Attorney General Md Imran Ahmed Bhuiyan stood for the state.
Brushing aside the bail plea, the court refused to hear the case, the accused’s lawyer Helal Uddin Molla said adding that they would move another court with the petition.
A reporter and a cameraperson of private ATN News came under attack when they went the BMDA to cover an assignment on September 5.
Later, the reporter filed a case against seven identified people and 10 others unidentified at the local police station.
The accused are BMDA’s Executive Director (ED) Md Abdur Rashid, storekeeper Md Jibon, ED’s Peon Selim, Personal Assistant Nurul Islam, office peon Faruk, driver Abdus Sabur and Ansar member Enamul.
All the accused except ED Rashid moved the HC seeking bail on Wednesday.
Also read: Two BMDA staffers suspended over Rajshahi journo attack
HC reconstitutes Destiny board of directors
The High Court has reconstituted the board of directors to administer scam-ridden Destiny Multipurpose Co-Operative Society Ltd.
Retired Justice of the High Court Mainul Islam Chowdhury has been made the chairman of the board.
Bench of Justice Mhummad Khurshid Alam Sarkar passed the order on Thursday during a hearing on the petition filed by 16 shareholders of the company including director Bikash Shil.
Former district judge Hasan Shahed Ferdous, barrister Margub Kabir, FCA Fakhruddin Ahmed and former MPO trader Md Iqbal Zaman has been made members of the new board of directors.
On May 31, 16 shareholders of the company appealed seeking permission to hold its Annual General Meeting (AGM) to the High Court.
The petition said, from 2012 to 2021 no AGM of the company was held as several directors including Managing Director of Destiny Rafiqul Amin remained in jail in criminal cases.
In 2018, an appeal was made seeking to liquidate the company at the High Court but an order in this regard was stayed by the appellate division of the Supreme Court later, said the petition.
However, the order did not ask to refrain from holding AGM or directing the company.
Barrister Mainul Hossain represented the petitioner’s side while advocate Ujjwal Kumar Bhowmik represented the opposition on behalf of Destiny MD Rafiqul Amin during the hearing today.
Barrister Mainul Hossain said the High Court has asked to keep five members in the new board and it will take decisions considering the interests of the shareholders.
Also read: Issue red alerts for arrest of 39 fugitives in Destiny scam case: HC