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Sarah Palin, New York Times clash at trial testing defamation protection for media

NEW YORK, Feb 3 (Reuters) – Sarah Palin, the former Alaska governor and 2008 Republican U.S. vice presidential candidate, went to trial against the New York Times on Thursday, in a highly anticipated defamation case that could test long-standing protections for American news media.

Palin, 57, is suing over a 2017 editorial that incorrectly linked her political rhetoric to a 2011 Arizona mass shooting that left six dead and U.S. Representative Gabby Giffords seriously wounded, and which the newspaper later corrected.

In his opening statement, Palin’s lawyer Shane Vogt told jurors that his client was fighting an “uphill battle” to show the editorial reflected the Times’ knowledge it was false and its “history of bias” toward her and other Republicans.

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The Times’ lawyer, David Axelrod, countered in his opening statement that the editorial sought to hold both Democrats and Republicans responsible for inflammatory rhetoric, and said the newspaper acted “as quickly as possible” to correct its mistake.

The trial in federal court in Manhattan could become a test of the U.S. Supreme Court’s landmark 1964 decision in New York Times v. Sullivan, which made it difficult for public figures like Palin to prove defamation.

To win, Palin must offer clear and convincing evidence the Times acted with “actual malice,” meaning it knew the editorial was false or had reckless disregard for the truth. She is seeking unspecified damages for alleged harm to her reputation.

Two conservative U.S. Supreme Court justices and some legal scholars have suggested revisiting the Sullivan decision, and Palin has signaled she would challenge it on appeal if she lost.

“What am I trying to accomplish? Justice, for people who expect the truth in the media,” Palin told reporters as she entered the courthouse.

Headlined “America’s Lethal Politics,” the disputed June 14, 2017, editorial was published after a shooting in Alexandria, Virginia in which Steve Scalise, a member of the House of Representatives’ Republican leadership, was wounded.

The editorial questioned whether the shooting reflected how vicious American politics had become.

It then said “the link to political incitement was clear” when Jared Lee Loughner opened fire in the 2011 shooting after Palin’s political action committee had circulated a map putting Gifford and 19 other Democrats under “stylized cross hairs.”

Former editorial page editor James Bennet, who is also a defendant, had added the disputed wording to a draft prepared by Elizabeth Williamson, a colleague on the Times editorial board.

“The key will be showing how the editorial came together,” said Timothy Zick, a professor and First Amendment specialist at William & Mary Law School. “Essentially, did the Times do its homework before publishing?”

COVID DELAY

Palin’s lawyer Vogt said “we are not here trying to win your votes for Governor Palin or any of her policies,” but instead wanted the Times found liable for a “particularly horrific and debunked” editorial.

He portrayed Bennet as a “highly educated career journalist” who knew the words he added were false, yet did not change them.

“He had his narrative, and he stuck to it,” Vogt said.

But Axelrod said Bennet did not intend to suggest that Loughner acted because of Palin, or that readers infer a link, and that Bennet would testify about “exactly what he meant.”

Axelrod also said no one at the Times harbored ill will toward Palin, and the dispute concerned a mere two sentences in a 12-paragraph editorial.

“The editorial was not even about her,” he said.

Williamson, who still works at the Times, was the trial’s first witness.

She said Bennet would have been responsible for fact-checking passages he added, and that she had been unaware of any link between the Virginia shooting and political rhetoric.

Williamson was asked to discuss an email Bennet sent before the editorial, where he asked whether hate speech played a role and suggested it might have before the Giffords shooting.

The trial was delayed from Jan. 24 because Palin tested positive for the coronavirus.

Palin has publicly said she will not get the COVID-19 vaccine. She wore a black mask in the courtroom.

The Times has not suffered a loss in a defamation case in more than half a century.

In calling for Sullivan to be revisited, Supreme Court Justice Clarence Thomas has said little historical evidence suggested the actual malice standard flowed from the original meaning of the U.S. Constitution’s First and 14th Amendments.

Another justice, Neil Gorsuch, has said the standard offered an “ironclad subsidy for the publication of falsehoods” by a growing number of media that can disseminate sensational information with little regard for the truth.

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Reporting by Jonathan Stempel and Jody Godoy in New York; Additional reporting by Luc Cohen, Andrew Hofstetter and Hussein Waaile; editing by Grant McCool, Jonathan Oatis and Will Dunham

Our Standards: The Thomson Reuters Trust Principles.

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Lawsuit accuses Chris Brown of raping unnamed woman on Florida yacht

LOS ANGELES, Jan 28 (Reuters) – An unnamed woman has filed a lawsuit that accuses musician Chris Brown of drugging and raping her on a Florida yacht in December 2020 and seeks $20 million in damages from the Grammy-winning singer.

The civil lawsuit, filed on Thursday by a musician and choreographer identified as Jane Doe, said she was invited by Brown to meet him at Star Island, Florida, home of rapper Sean Combs. When she arrived, she boarded a yacht and accepted Brown’s offer of a drink as they discussed her career, the filing said.

After a second drink, the woman suddenly began to feel disoriented and physically unstable, according to the lawsuit. She said Brown dragged her to a bedroom, removed her bikini bottoms and had sex with her without consent, the lawsuit said.

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An attorney for Brown, 32, and two other representatives did not immediately respond to a request for comment on Friday.

Writing on Instagram, Brown said: “Whenever I’m releasing music or projects, ‘THEY’ try to pull some real bulls–t,” and included a blue cap emoji, which is used as slang for lies.

62nd Grammy Awards – Arrivals – Los Angeles, California, U.S., January 26, 2020 – Chris Brown. REUTERS/Mike Blake/File Photo

Brown pleaded guilty to assaulting singer Rihanna when the pair were dating in 2009, an incident that made headlines around the world after a photo of her bruised face was released.

A woman also accused Brown of raping her in a Paris hotel room in 2019. The singer denied the allegation and filed a defamation complaint against the accuser. No charges were filed.

In the new lawsuit, the woman said Brown called her the day after the incident and told her to take an emergency contraceptive pill to prevent any pregnancy.

The filing said she saw Brown twice after that encounter. At one of those meetings, he became “irate” when she turned down an invitation to his bedroom, the complaint said.

The woman has experienced “dramatic mood swings, loss of appetite, panic attacks and has engaged in self harm,” said the lawsuit, which was filed in Los Angeles Superior Court. She is seeking a jury trial and $20 million in damages.

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Reporting by Lisa Richwine; Editing by Daniel Wallis

Our Standards: The Thomson Reuters Trust Principles.

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Explainer: What happens after Ghislaine Maxwell’s guilty verdict?

NEW YORK, Dec 29 (Reuters) – British socialite Ghislaine Maxwell on Wednesday was convicted of recruiting and grooming teenage girls for sexual encounters with the late financier Jeffrey Epstein between 1994 and 2004.

Below is an explanation of what comes next for Maxwell, the 60-year-old daughter of late British media baron Robert Maxwell:

WHEN WILL MAXWELL BE SENTENCED?

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Maxwell faces up to 65 years in prison for the five charges she was convicted of. She was found guilty of sex trafficking, the most serious charge she faced with a maximum prison term of 40 years.

U.S. District Judge Alison Nathan did not say when Maxwell would be sentenced.

Maxwell separately faces two perjury counts that will be tried at a later date.

WILL MAXWELL APPEAL?

Maxwell’s lawyer Bobbi Sternheim told reporters the defense was disappointed with the verdict and will appeal.

“We have already started working on the appeal, and we are confident that she will be vindicated,” Sternheim said outside of the courthouse.

While the judge dealt several blows to the defense – ruling, for example, that their witnesses could not testify anonymously as some of Maxwell’s accusers did – legal experts said Maxwell would struggle to clear the high legal bar needed to overturn a guilty verdict.

To succeed, her lawyers would have to show that the judge violated federal rules of evidence or abused her discretion, and that the error impacted the verdict.

WHAT CHARGES DOES SHE STILL FACE?

The two perjury counts relate to allegations that Maxwell lied under oath about her role in Epstein’s abuse during a deposition for a separate civil suit in 2016. Nathan in April granted Maxwell’s request to sever the two charges from the rest of the counts.

The two perjury counts each carry a maximum prison sentence of five years.

WHERE WILL MAXWELL GO NOW?

Maxwell will return to Brooklyn’s notorious Metropolitan Detention Center, where she has been held in isolation since July 2020. Maxwell has said she has been served moldy food at the jail and that the smell of raw sewage has permeated her cell.

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Reporting by Luc Cohen in New York
Editing by Alistair Bell and Michael Perry

Our Standards: The Thomson Reuters Trust Principles.

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U.S. appeals court rejects Trump bid to withhold records on Capitol attack

WASHINGTON, Dec 9 (Reuters) – A U.S. appeals court on Thursday rejected a request by former President Donald Trump to withhold records from the House of Representatives probe of the deadly Jan. 6 attack on the Capitol, saying he had provided “no basis” for his request.

“Former President Trump has provided no basis for this court to override President Biden’s judgment,” a three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit wrote.

President Joe Biden had previously determined that the records, which belong to the executive branch, should not be subject to executive privilege and that turning them over to Congress was in the best interest of the nation.

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“Both branches agree that there is a unique legislative need for these documents and that they are directly relevant to the Committee’s inquiry into an attack on the legislative branch and its constitutional role in the peaceful transfer of power,” the court said.

The ruling marks yet another blow to the Republican former president, who has waged an ongoing legal battle with the committee over access to documents and witnesses.

The House Select Committee investigating the riot has asked the National Archives, the U.S. agency housing Trump’s White House records, to produce visitor logs, phone records and written communications between his advisers.

The panel has said it needs the records to understand any role Trump may have played in fomenting the violence.

Security fencing is seen near the U.S. Capitol ahead of an expected rally Saturday in support of the January 6 Capitol attack defendants in Washington, U.S. September 17, 2021. REUTERS/Michael Weekes/File Photo

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Trump has argued that the materials requested by the House committee were covered by the executive privilege legal doctrine that protects the confidentiality of some White House communications.

Democratic Representative Bennie Thompson, who heads the select committee, and its vice chair, Republican Liz Cheney, issued a statement applauding the court decision which they said respected the panel’s interest in obtaining the records.

“We will get to the truth,” they said.

Trump’s lawyers have called the Democratic-led investigation politically motivated, and argue that the documents are protected.

This is now the second time a federal court has ruled against Trump in the matter.

U.S. District Judge Tanya Chutkan on Nov. 9 rejected Trump’s arguments, saying he had not acknowledged the “deference owed” to Biden’s determination that the committee could access the records. adding: “Presidents are not kings, and Plaintiff is not President.”

The court on Thursday gave Trump 14 days to file an emergency request to the Supreme Court to appeal the ruling.

“Regardless of today’s decision by the appeals court, this case was always destined for the Supreme Court,” Trump lawyer Liz Harrington tweeted.

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Reporting by Sarah N. Lynch; Editing by Scott Malone, Jonathan Oatis, Dan Grebler and Michael Perry

Our Standards: The Thomson Reuters Trust Principles.

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Ghislaine Maxwell’s lawyers grill ex-Epstein employee who testified about underage girls

NEW YORK, Dec 3 (Reuters) – Ghislaine Maxwell’s defense attorneys on Friday began questioning a former Jeffrey Epstein employee who testified the prior day that he drove two girls who he believed appeared underage to the late financier’s Palm Beach estate.

Juan Alessi, who worked full-time for Epstein from 1991 to 2002, said at Maxwell’s sex abuse trial on Thursday that he saw the two girls spend time with Epstein and Maxwell at the property, where he recalled cleaning sex toys from Epstein’s massage room and storing them in Maxwell’s bathroom.

The British socialite’s attorney Jeffrey Pagliuca began cross-examining Alessi, 71, during the fifth day of testimony in the case. Pagliuca questioned Alessi about his admission to stealing money from Epstein, which Alessi on Thursday called the biggest mistake of his life.

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Maxwell, 59, has pleaded not guilty to eight counts of sex trafficking and other crimes, including two perjury charges that will be tried at a later date.

Prosecutors accuse Maxwell of recruiting and grooming underage girls for Epstein to abuse, and say she participated in some of the encounters.

Her attorneys argue she is being scapegoated for Epstein’s alleged crimes since the globetrotting investor is no longer alive. Epstein killed himself in a Manhattan jail in 2019 at the age of 66 while awaiting trial on sex abuse charges.

Alessi’s account came after testimony earlier this week from one of the girls he said he saw at Epstein’s estate: A woman now in her early 40s testifying under the pseudonym Jane who said Maxwell set her up for abuse by Epstein while she was 14, 15 and 16 in the mid-1990s.

Jane is the first of four Maxwell accusers expected to testify in the trial. Maxwell’s attorneys questioned Jane about discrepancies between her testimony and earlier statements she made during interviews with law enforcement agents, and have said the women’s memories have become distorted over time.

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Reporting by Luc Cohen;
Editing by Sandra Maler and Alistair Bell

Our Standards: The Thomson Reuters Trust Principles.

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Supreme Court conservatives appear willing to gut abortion rights

  • Liberal justices warn against overturning precedents
  • Mississippi law bans abortion at 15 weeks of pregnancy
  • Biden lawyer urges against “contraction” of rights

WASHINGTON, Dec 1 (Reuters) – Conservative U.S. Supreme Court justices on Wednesday signaled a willingness to dramatically curtail abortion rights in America and perhaps overturn the landmark 1973 Roe v. Wade ruling that legalized the procedure nationwide as they indicated they would uphold a restrictive Republican-backed Mississippi law.

The court, which has a 6-3 conservative majority, heard about two hours of oral arguments in the southern state’s bid to revive its ban on abortion starting at 15 weeks of pregnancy, a law blocked by lower courts. The liberal justices warned against ditching important and longstanding legal precedents like Roe and abandoning a right American women have come to rely upon.

Jackson Women’s Health Organization, the only abortion clinic in Mississippi, challenged the law and has the support of Democratic President Joe Biden’s administration. A ruling is expected by the end of next June.

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Roe v. Wade recognized that the right to personal privacy under the U.S. Constitution protects a woman’s ability to terminate her pregnancy. The Supreme Court in a 1992 ruling called Planned Parenthood of Southeastern Pennsylvania v. Casey reaffirmed abortion rights and prohibited laws imposing an “undue burden” on abortion access. Mississippi asked the justices to overturn the Roe and Casey rulings.

Conservative Justice Brett Kavanaugh voiced a view often expressed by abortion opponents that nothing in the Constitution protects abortion rights.

“The Constitution is neither pro-life nor pro-choice on the question of abortion but leaves the issue to the people of the states or perhaps Congress to resolve in the democratic process,” Kavanaugh said.

If Roe were overturned, many states “would continue to freely allow abortion,” Kavanaugh added. Before the Roe ruling, many states banned abortion.

Julie Rikelman, arguing for the abortion clinic, said overturning Roe would not mean the court is neutral on abortion as Kavanaugh suggested.

“Women have an equal right to liberty under the Constitution, Your Honor, and if they’re not able to make this decision, if states can take control of women’s bodies and force them to endure months of pregnancy and childbirth, then they will never have equal status under the Constitution,” Rikelman told Kavanaugh.

About one in four American women has had an abortion, Rikelman added.

‘SURVIVE THE STENCH’

Liberal Justice Sonia Sotomayor said Mississippi officials sought to bring the issue to the justices only because of the court’s rightward shift.

“Will this institution survive the stench this creates in the public perception that the Constitution and its reading are just political acts?” Sotomayor asked.

Kavanaugh and Justice Amy Coney Barrett – both appointees of Republican former President Donald Trump, who promised to name justices who would overturn Roe – could be key votes in determining how far the court will go. Barrett said overturning a major precedent is justified in certain instances but wondered whether “public reaction” should be considered.

Barrett also asked whether the recent adoption in some states of “safe haven” laws, which let women hand over unwanted babies to healthcare facilities without penalty, undermines certain justifications for abortions because women are not forced into motherhood merely by giving birth.

Supreme Court Police officers erect a barrier between anti-abortion and pro-abortion rights protesters outside the court building, ahead of arguments in the Mississippi abortion rights case Dobbs v. Jackson Women’s Health, in Washington, U.S., December 1, 2021. REUTERS/Jonathan Ernst

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Conservative Chief Justice John Roberts suggested the court could uphold Mississippi’s law without overturning Roe. It was unclear if the five other conservatives would stop short of toppling Roe.

“Why is 15 weeks not enough time” for a woman to decide to have an abortion, Roberts asked.

Mississippi’s ban is one of a series of restrictive abortion laws passed in Republican-governed states in recent years. The Supreme Court on Nov. 1 heard arguments over a Texas law banning abortion at around six weeks of pregnancy but has not yet issued a ruling.

Anti-abortion advocates believe they are closer than ever to overturning Roe, a longstanding goal for Christian conservatives.

‘EGREGIOUSLY WRONG’

Conservative justices downplayed the idea that the court must be careful in overturning its own precedents, noting that it has done so in many contexts including overturning a notorious 1895 ruling allowing racial segregation.

“So there are circumstances in which a decision … must be overruled simply because it was egregiously wrong at the moment it was decided,” conservative Justice Samuel Alito said.

U.S. Solicitor General Elizabeth Prelogar, representing Biden’s administration, said overturning Roe would be an “unprecedented contraction” of individual rights.

“The court has never revoked a right that is so fundamental to so many Americans and so central to their ability to participate fully and equally in society,” Prelogar said.

Opinion polls show a majority of Americans support abortion rights.

The Roe and Casey decisions determined that states cannot ban abortion before a fetus is viable outside the womb, generally viewed by doctors as between 24 and 28 weeks. Mississippi’s 15-week ban challenges that. Roberts said a ban at 15 weeks is “not a dramatic departure” from viability.

Scott Stewart, arguing for Mississippi, said the Roe and Casey rulings “haunt our country.”

“They have no basis in the Constitution. They have no home in our history or traditions. They’ve damaged the democratic process. They’ve poisoned the law. They’ve choked off compromise,” Stewart said.

Mississippi is among 12 states with so-called trigger laws designed to ban abortion if Roe v. Wade is overturned. Additional states likely would rapidly curtail abortion access. (See related graphic)

If Roe were overturned or limited, in large swathes of America women who want to end a pregnancy could face the choice of having a potentially dangerous illegal abortion, traveling to another state where the procedure remains legal and available or buying abortion pills online. The procedure would remain legal in liberal-leaning states, 15 of which have laws protecting abortion rights.

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Reporting by Lawrence Hurley and Andrew Chung; Additional reporting by Gabriella Borter, Jan Wolfe and Julia Harte; Editing by Will Dunham

Our Standards: The Thomson Reuters Trust Principles.

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Ghislaine Maxwell is ‘not Jeffrey Epstein,’ defense lawyer says as trial starts

NEW YORK, Nov 29 (Reuters) – Ghislaine Maxwell’s criminal trial got under way on Monday, with a prosecutor saying the British socialite preyed on girls for the late financier Jeffrey Epstein to sexually abuse, while a defense lawyer urged jurors not to turn Maxwell into a scapegoat.

“The charges against Ghislaine Maxwell are for things that Jeffrey Epstein did, but she is not Jeffrey Epstein,” Maxwell’s lawyer Bobbi Sternheim said in Manhattan federal court.

Maxwell is on trial for recruiting and grooming four underage girls for Epstein to abuse between 1994 and 2004. Epstein died in jail in 2019 while awaiting trial on sex-abuse charges.

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Prosecutors say that Maxwell, a former employee and romantic partner of Epstein’s, sent gifts such as lingerie and discussed sexual topics with the girls to win their trust before encouraging them to give Epstein erotic massages.

“She preyed on vulnerable young girls, manipulated them, and served them up to be sexually abused,” Assistant District Attorney Lara Pomerantz said in her opening statement.

Maxwell, 59, looked on while wearing a cream-colored sweater, black pants and a white face mask amid the COVID-19 pandemic.

She has pleaded not guilty to eight charges of sex trafficking and other crimes, including two counts of perjury that will be tried at a later date.

Maxwell faces up to 80 years in prison if convicted. Her jury includes seven women, five men and six alternates, who were seated on Monday.

The trial comes in the wake of the #MeToo movement, which has encouraged victims of sexual abuse to speak out against powerful men such as movie producer Harvey Weinstein and R&B singer R. Kelly accused of misconduct. Maxwell’s case stands out in part because she is a woman.

Four accusers are expected to testify against Maxwell at the trial, which is expected to last until at least early January.

Prosecutors said other witnesses will include family members of the accusers, pilots who flew Epstein and his alleged victims in private planes and former employees at Epstein’s Palm Beach residence.

Some of Epstein’s alleged abuses also occurred at his mansion on Manhattan’s Upper East Side.

Prosecutors have said that Maxwell encouraged girls to massage Epstein while they were fully or partially nude.

In some cases, Epstein or Maxwell would pay them cash or offer to pay for their travel or education, and Epstein sometimes masturbated or touched the girls’ genitals during the massages, prosecutors said.

Pomerantz described Maxwell as “essential” to Epstein’s abuses, seeking to undermine the defense’s expected argument that she was not aware of Epstein’s alleged crimes.

“Sometimes, she was even in the room for the massages herself, and sometimes she touched the girls’ bodies,” Pomerantz said.

“And even when she was not in the room, make no mistake: she knew exactly what Epstein was going to do with those children when she sent them to him inside the massage rooms,” Pomerantz said.

Maxwell’s lawyers have said that prosecutors, unable to convict Epstein, are using the daughter of late British media magnate Robert Maxwell as a scapegoat.

Sternheim told jurors that the memories of Maxwell’s accusers had been “manipulated” by lawyers who encouraged them to sue Maxwell and Epstein for damages.

A compensation fund set up after Epstein’s death has been paying claims of accusers from the financier’s estate. Sternheim said Maxwell’s accusers received payouts.

“Memories fade over time and this case you will learn that not only have memories faded, but they have been contaminated by outside information, constant media reports and other influences,” Sternheim said.

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Reporting by Luc Cohen and Karen Freifeld in New York; Additional reporting by Jonathan Stempel; Editing by Noeleen Walder, Alistair Bell, Will Dunham and Mark Porter

Our Standards: The Thomson Reuters Trust Principles.

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Jury hits organizers of ‘Unite the Right’ rally with $26 mln verdict

Nov 23 (Reuters) – A federal jury in Charlottesville, Virginia, on Tuesday found the organizers of the 2017 “Unite the Right” white nationalist rally liable for injuries sustained by counter-protesters and awarded approximately $26 million in damages.

The nine plaintiffs in the case said they suffered physical or emotional trauma at the rally, including four who were struck when a self-described neo-Nazi, James Fields, drove his car into a crowd of counter-protesters, killing 32-year-old Heather Heyer.

After a four-week trial, the jury found in favor of the victims on four of six counts but was unable to come to a unanimous verdict on the other two, according to court filings.

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The rally followed months of protests over the city’s plan to remove a statue of Confederate General Robert E. Lee. Hundreds of white nationalists traveled to Charlottesville in August 2017, with some marching on the University of Virginia campus carrying torches and chanting “Jews will not replace us!”

Then-President Donald Trump was criticized for initially saying there were “fine people on both sides” after the rally devolved into violent clashes.

President Joe Biden has frequently cited the torch-lit march and Trump’s response as the event that precipitated his decision to mount another run for the White House, after two previous unsuccessful campaigns.

“We are thrilled that the jury has delivered a verdict in favor of our plaintiffs, finally giving them the justice they deserve after the horrific weekend of violence and intimidation in August 2017,” the plaintiffs’ co-lead lawyers, Roberta Kaplan and Karen Dunn, said in a statement.

The two dozen defendants included Jason Kessler, the main organizer; Richard Spencer, who originated the term “alt-right,” a loose network of groups characterized by a rejection of mainstream politics that includes white supremacists and neo-Nazis; and several white nationalist groups.

Joshua Smith, one of the defense lawyers, told reporters he viewed the jury’s inability to reach a consensus on two federal conspiracy counts as a “victory” given the disparity in resources between the plaintiffs’ and defendants’ legal teams.

The victims sued for assault and battery, intentional infliction of emotional distress and violations of both Virginia and U.S. civil rights laws.

The defendants argued that they were exercising their constitutional rights and had secured a legal permit for the rally, blaming the deadly violence on Fields, the driver who killed Heyer, and others.

Fields was sentenced to life in prison after being convicted of murder and hate crimes.

The lawsuit received financial support from a nonprofit civil rights group, Integrity First for America.

In a statement released by the organization, the plaintiffs said, “Our single greatest hope is that today’s verdict will encourage others to feel safer raising our collective voices in the future to speak up for human dignity and against white supremacy.”

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Reporting by Joseph Ax in Princeton, New Jersey, Kanishka Singh in Bengaluru, Tom Hals in Wilmington, Delaware, and Jonathan Stempel in New York; editing by Grant McCool

Our Standards: The Thomson Reuters Trust Principles.

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U.S. seeks four years in prison for Capitol rioter ‘QAnon Shaman’

Jacob Chansley, holding a sign referencing QAnon, speaks as supporters of U.S. President Donald Trump gather to protest about the early results of the 2020 presidential election, in front of the Maricopa County Tabulation and Election Center (MCTEC), in Phoenix, Arizona November 5, 2020. REUTERS/Cheney Orr/File Photo

WASHINGTON, Nov 17 (Reuters) – The U.S. Capitol rioter nicknamed the “QAnon Shaman” for his horned head-dress arrived in federal court on Wednesday to face a judge who could sentence him to more than four years in prison for his role in the deadly Jan. 6 attack by former President Donald Trump’s followers.

Prosecutors have asked U.S. District Judge Royce Lamberth to impose a 51-month sentence on Jacob Chansley, who pleaded guilty in September to obstructing an official proceeding when he and thousands of others stormed the building in an attempt to stop Congress from certifying President Joe Biden’s election.

“Defendant Chansley’s now-famous criminal acts have made him the public face of the Capitol riot,” prosecutors said in asking for the 51-month sentence. That would be the stiffest imposed on any Capitol rioter, after a former mixed martial artist filmed punching a police officer during violence was sentenced last week to 41 months in prison.

Chansley’s attorneys have asked the judge for a sentence of time served for their client, who has been detained since his January arrest. He appeared in court in a dark green prison jumpsuit, with a beard and shaved head.

While in detention, Chansley was diagnosed by prison officials with transient schizophrenia, bipolar disorder, depression and anxiety. When he entered his guilty plea, Chansley said he was disappointed Trump had not pardoned him.

Trump was impeached by the House of Representatives and acquitted by the Senate on a charge of inciting the Jan. 6 riot for a fiery speech that preceded it in which he told his followers to “fight like hell.”

Four people died in the violence. A Capitol Police officer who had been attacked by protesters died the day after the riot and four police officers who took part in the defense of the Capitol later took their own lives. About 140 police officers were injured.

Defense lawyer Albert Watkins said the U.S. Navy in 2006 had found Chansley suffered from personality disorder but nonetheless declared him “fit for duty.”

“We are optimistic. We are looking forward to a good day,” Watkins said as he walked into the courthouse.

Reporting By Mark Hosenball; Editing by Dan Grebler and Steve Orlofsky

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Defense tries to have Jesse Jackson removed from court in trial for Ahmaud Arbery death

Nov 15 (Reuters) – A lawyer for one of the three white men charged with murdering Ahmaud Arbery, a Black man, in their southern Georgia neighborhood failed in an attempt to have the judge remove civil rights leader Rev. Jesse Jackson from the courtroom on Monday.

The same lawyer, Kevin Gough, made a similarly unsuccessful attempt last week to get the court to prevent any more “Black pastors” attending the trial after the Rev. Al Sharpton, another civil rights leader, was seen sitting with Arbery’s parents in the public gallery. read more

After the jury was sent out, Gough stood in the Glynn County Superior Court and said he objected to what he called “an icon in the civil rights movement” sitting between Arbery’s parents.

“How many pastors does the Arbery family have?” he said, referring to a similar objection he had made on Thursday to Sharpton’s visit. “The seats in the public gallery of a courtroom are not like courtside seats at a Lakers game.”

Gough said the presence of civil rights leaders might influence jurors hearing the high-profile case.

Cell phone footage made by Gough’s client, William “Roddie” Bryan, of the fatal shooting of Arbery after he was chased through Satilla Shores on a Sunday afternoon in February 2020 drew outrage when it was published more than two months later.

Prosecutors say Arbery was an avid jogger, and his killing was seen by some as another example of a Black man facing dangerous suspicion while doing some banal activity in public.

Jackson quietly listened to Gough, holding the hands of Arbery’s father, Marcus Arbery Sr., and mother, Wanda Cooper-Jones. When Gough, who wore no COVID-19 mask, complained that Jackson’s mask was not covering his mouth and nose, Cooper-Jones reached and lifted Jackson’s mask back up.

Judge Timothy Walmsley was audibly exasperated as he rejected the motion by Gough, saying his ruling last week that he would not issue any blanket bans on who could enter a public courtroom would still stand. He said he was not aware that Jackson was in the room until Gough made his motion.

The judge said it was odd that Gough kept objecting to Black pastors showing up and that he was “done talking about it.”

“At this point, I’m not exactly sure what you’re doing,” the judge said. “It’s almost as if you’re just trying to keep continuing this for purposes other than just bringing it to the court’s attention and I find that objectionable.”

Jackson said outside the courthouse during a break in proceedings that he planned to attend all week, calling it “a constitutional right and a moral obligation.”

“They’re looking for diversion,” he said of the defense lawyers.

Sharpton has said he will be joined by more than 100 Black pastors at the courthouse on Thursday.

EMOTIONAL ‘OUTCRY’

Bryan, 52, is standing trial alongside father and son Gregory McMichael, 65, and Travis McMichael, 35, on charges of murder, assault and false imprisonment.

They have pleaded not guilty, saying they were justified in chasing Arbery in their pickup trucks because they thought he may have committed some sort of crime. They do not dispute that the younger McMichael killed Arbery with a shotgun, but say this was self defense after Arbery turned toward him and reached for the raised weapon.

After Jackson was permitted to remain in court, Gough said he wanted to move for a mistrial based on an emotional “outcry” by Arbery’s mother from the public gallery when a photograph of Arbery was shown to jurors on Monday. Several jurors looked over as she sobbed.

Lawyers for the McMichaels joined the motion.

The judge overruled it, reading from a legal precedent that said “emotions are neither unreasonable nor unexpected during murder trials.”

Reporting by Jonathan Allen in New York and Rich McKay in Atlanta, Editing by Ross Colvin, Nick Zieminski and Grant McCool

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