US Supreme Court takes up dispute over power plant in India

File photo showing the U.S. Supreme Court in Washington, DC (Reuters)
Updated 21 May 2018
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US Supreme Court takes up dispute over power plant in India

  • The justices will hear an appeal by the villagers of a lower court ruling that the International Finance Corp.
  • The plant’s construction and operations did not comply with the environmental plan set out for the project.

WASHINGTON: The US Supreme Court on Monday agreed to consider reviving a lawsuit by Indian villagers seeking to hold a Washington-based international financial institution responsible for widespread environmental damage they blame on a power plant it financed.
The justices will hear an appeal by the villagers of a lower court ruling that the International Finance Corp. was immune from such lawsuits under federal law. IFC, part of the World Bank Group, is an international institution with 184 member countries that helps secure financing for projects in developing nations.
The case revolves around the IFC’s decision in 2008 to provide $450 million in loans to help construct the coal-fired Tata Mundra Power Plant in Gujarat, India. IFC loans include provisions requiring that certain environmental standards are met.
The legal question before the justices is whether there are limits to immunity for entities like the IFC under the 1945 International Organizations Immunity Act, as there are for foreign countries under a 1976 law called the Foreign Sovereign Immunities Act.
Lead plaintiff Budha Ismail Jam and other fisherman and farmers who live near the plant sued in federal court in Washington in 2015, saying the IFC had failed to meet its obligations.
They said the plant’s construction and operations did not comply with the environmental plan set out for the project. The local environment has been devastated, according to the plaintiffs, with marine life killed by water discharges from the plant’s cooling system and coal dust contaminating the air.
A district court in 2016 and the US Court of Appeals for the District of Columbia Circuit in 2017 ruled that the lawsuit was barred because the IFC is immune from such litigation under the 1945 law.
The court will hear arguments and decide the case in its next term, which begins in October.


Ex-Trump lawyer Cohen providing info in Mueller probe

Updated 21 September 2018
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Ex-Trump lawyer Cohen providing info in Mueller probe

  • Trump’s longtime fixer-turned-foe could be a vital witness for prosecutors as they investigate whether Trump’s campaign coordinated with Russians
  • Cohen pleaded guilty in August to eight federal charges and said Trump directed him to arrange payments before the 2016 election to buy the silence of porn actress Stormy Daniels

WASHINGTON: President Donald Trump’s former personal lawyer claimed Thursday he is providing “critical information” as part special counsel Robert Mueller’s investigation into Russian interference in the 2016 US election and possible coordination between Russia and the Trump campaign.
Michael Cohen, who pleaded guilty to campaign finance and other charges last month, said he is providing the information to prosecutors without a cooperation agreement.
Trump’s longtime fixer-turned-foe could be a vital witness for prosecutors as they investigate whether Trump’s campaign coordinated with Russians. For more than a decade, Cohen was Trump’s personal lawyer, and he was a key power player in the Trump Organization and a fixture in Trump’s political life.
Cohen pleaded guilty in August to eight federal charges and said Trump directed him to arrange payments before the 2016 election to buy the silence of porn actress Stormy Daniels and a former Playboy model who had both alleged they had affairs with Trump. It was the first time any Trump associate implicated Trump himself in a crime, though whether — or when — a president can be prosecuted remains a matter of legal dispute.
On Thursday night, Cohen tweeted: “Good for @MichaelCohen212 for providing critical information to the #MuellerInvestigation without a cooperation agreement. No one should question his integrity, veracity or loyalty to his family and country over @POTUS @realDonaldTrump.”
The tweet was deleted almost immediately and was later reposted by his attorney, Lanny Davis, who said he wrote the tweet for Cohen and asked him to tweet it because he has a “much larger following.” Davis said he was delayed posting the tweet on his own account, so Cohen tweeted it first.
ABC News reported earlier Thursday that Cohen has met several times — for several hours — with investigators from the special counsel’s office.
The television network, citing sources familiar with the matter, said he was questioned about Trump’s dealings with Russia, including whether members of the Trump campaign worked with Russians to try to influence the outcome of the election.
Davis had asserted last month that his client could tell the special counsel that Trump had prior knowledge of a June 2016 meeting at Trump Tower with a Russian lawyer, Trump’s son-in-law and Trump’s eldest son, who had been told in emails that it was part of a Russian government effort to help his father’s campaign. But Davis later walked back the assertions, saying he could not independently confirm the claims that Cohen witnessed Trump’s eldest son, Donald Trump Jr., telling his father about the Trump Tower meeting beforehand.
In the last two weeks, the special counsel secured the cooperation of Trump’s former campaign chairman, Paul Manafort; signaled that he has obtained all the information he needs from former national security adviser Michael Flynn — who was also a government cooperator; and dispensed with the case of the campaign aide who triggered the Russia probe.
The president has continued a very public battle against the Mueller investigation, repeatedly calling it a politically motivated and “rigged witch hunt.” He has said he is going to declassify secret documents in the Russia investigation, an extraordinary move that he says will show that the investigation was tainted from the start by bias in the Justice Department and FBI.