The board has to hold an evidentiary hearing by Dec.
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Several more counties are holding evidentiary hearings later this week.
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And they may need to meet a high evidentiary bar.
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What's next: There will be more evidentiary arguments on Tuesday.
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Have the House managers met the evidentiary standard for removal?
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For one thing, Fliedner says, the tape had evidentiary value.
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The elections board has to hold an evidentiary hearing by Dec.
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Their "revelations" should be accorded extreme skepticism rather than evidentiary weight.
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The New York attorney general's case packs a strong evidentiary punch.
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"The evidentiary weight is literally zero," insisted Assange, disputing those findings.
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The board is set to hold an evidentiary hearing on Jan.
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The board of elections will hold an evidentiary hearing by Dec.
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The rumors have no evidentiary basis, but they are out there.
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Additional evidentiary material would be provided at reasonable intervals before trial.
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The more recent case had similar evidentiary problems, the prosecutor's office said.
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"Julian Assange: Houseguest" is extremely funny, but it's also an evidentiary exhibit.
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The evidentiary hearings continue on Wednesday and then resume again on Dec.
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Probably the most common justification for criminal statutes of limitations is evidentiary.
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It's speculative, it's not evidentiary, but you have to ask that question.
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Purely from an evidentiary perspective, the news is a very big deal.
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And, for lawyers, it's the evidentiary question that sticks out the most.
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GOP witness says proceedings based on 'thinnest evidentiary record' 11:17 a.m.
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There is no timetable for Cleland's ruling on an evidentiary hearing for Sandusky.
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Judge Rakoff prodded Palin's assertions of Bennet's malice based on the evidentiary record.
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NSLs are like national security warrants that don't require the same evidentiary burden.
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JOHNSON: I -- No.SCHIFF: He would need some evidentiary information basis to do so?
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The NCSBE said last week it would hold an evidentiary hearing on Jan.
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"As an evidentiary tool, they will likely get stronger over time," he said.
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But legal experts said appellate courts generally defer to lower court evidentiary rulings.
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Chase was sustained in his evidentiary rulings and Johnson acquitted by one vote.
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CVS will have the opportunity for an evidentiary hearing, according to the statement.
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The video was played without the jury in a discussion of evidentiary matters.
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But an affidavit being only a self declaration, it has no evidentiary value.
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We will not comment further on the ongoing investigations for witness and evidentiary protection.
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The SEC and Musk previously said they saw no need for an evidentiary hearing.
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The state elections board is currently scheduled to hold an evidentiary hearing on Jan.
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Alsup conducted an evidentiary hearing on the letter and called Jacobs to the stand.
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What if there is no longer any evidentiary standard that can overcome our polarization?
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Read Nadler's full opening statement: Go deeper: Live updates from today's evidentiary impeachment hearing
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Read Goldman's full opening statement: Go deeper: Live updates from today's evidentiary impeachment hearing
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Powell found no evidentiary basis for this, and it was arguably a racist assumption.
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Treason is a charge where a high and specific evidentiary standard must be proven.
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The lower courts have piled on other difficulties, especially through extremely demanding evidentiary requirements.
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Brown argued that his new evidence "eliminated any evidentiary value" of the cellphone records.
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No evidentiary smoking gun has yet emerged demonstrating orders from the Kremlin to impose famine.
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They allow, but do not require, universities to use the "clear and compelling" evidentiary standard.
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This evidence might have been admissible in a military tribunal with less stringent evidentiary standards.
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" He said claims that Trump voters were motivated by bigotry have a "thin evidentiary basis.
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The evidentiary record showed that Nixon knew of criminal acts and sought to conceal them.
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James Miller, the lab's controlled-substances manager, had long practiced a kind of evidentiary triage.
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The note said that Brazil's request had failed to meet the evidentiary standard for extradition.
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Mr. Kitson in performance is evidentiary Exhibit A. This information was last updated on Aug.
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What remains is an abuse of power case requiring a broader evidentiary foundation to stick.
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Following dueling motions on the issue, Carr called for an evidentiary hearing in September, 2019.
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Davis lost his evidentiary hearing, and was executed by lethal injection on September 21, 2011.
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There's no evidentiary standards or necessity for legal grounding of charges — it's a political action.
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Sawyer's actions ultimately proved insufficient to meet Vermont's unusually high evidentiary bar for attempt charges.
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Social media companies can, and do, remove content with little regard for its evidentiary value.
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But as she explains, the first step in doing that is getting him an evidentiary hearing.
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It's a much higher evidentiary standard than is required to gain other forms of protective relief.
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It's an "evidentiary snark hunt", he wrote, to thumb through stump-speech transcripts for damning bits.
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The video was released as part of an evidentiary hearing Wednesday, according to CNN affiliate KATC.
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The board had planned to hold an evidentiary hearing in the case on January 11, 2019.
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There is an evidentiary hearing scheduled by the NCSBE to happen on or before December 21.
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On Friday, the three legs of the evidentiary stool built a solid moment for the prosecutors.
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As a result, trial-type evidentiary hearings are expected to come next, according to U.S. regulators.
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After the discovery, the defense filed a classified motion asking Colonel Spath for an evidentiary hearing.
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Schools could choose to use a higher evidentiary standard than is required in civil court cases.
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Instead, the appeals court sent the case back to the lower court for an evidentiary hearing.
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The Senate's own internal rules permit Roberts to rule on evidentiary issues, which would include witnesses.
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This simple rebuttable evidentiary presumption would not in itself determine the outcome of any particular proceeding.
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Dowless refused to testify in the NCSBE evidentiary hearing but has maintained he's done nothing wrong.
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Pearcy's affidavit helped persuade a judge to grant an evidentiary hearing, which was held on Jan.
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The footage was played outside the presence of the jury in a discussion about evidentiary matters.
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The evidentiary bar is low; indeed, Mueller can use material not admissible in the actual trial.
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Judge Daniel Green was expected to rule on whether to allow an evidentiary review this summer.
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MARK FUHRMAN, FORMER LAPD DETECTIVE: The release of the videos has no evidentiary or information value whatsoever.
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And his status as an innocent person doesn't change until certain procedural and evidentiary hurdles are cleared.
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Freedman said that they're currently prepping for the state elections board's evidentiary hearing, according to WSOC-TV.
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And we have an evidentiary record of what happens when we're there — nearly a decade in Iraq.
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The state Board of Elections recently voted 7-2 to hold an evidentiary hearing by Dec. 21.
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That means that cloud-based communication is held to the same evidentiary standard as, say, written letters.
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To this effect, supported legislation has been introduced to increase the evidentiary standard required to seize property.
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Vance Spath of the Air Force, rejected their request for an evidentiary hearing to investigate the problem.
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Within a round, debaters also learn how to engage an issue at the intellectual and evidentiary levels.
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Back in 1999, Rehnquist ruled on no evidentiary questions, so there was never a showdown with senators.
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The commission also said it set each case for evidentiary hearings before a FERC administrative law judge.
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Board members will be able to call for an evidentiary hearing and could order a new vote.
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Those judges also established new evidentiary rules for lower courts to follow, which strongly favored the government.
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|
"There are non-ideological, nonpolitical debates that are evidentiary in nature — scandals like Benghazi or is Obama really a U.S. citizen or did Trump collude with the Russians — that don't have an ideological component to them, it is just evidentiary," Greenwald, co-founding editor at The Intercept, told Hill.
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|
The Republicans argued that any allegation against Mr Kavanaugh that did not meet prosecutable evidentiary standards was irrelevant.
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|
For two of the potentially obstructive acts Mueller analyzed, he ran into an evidentiary problem: attorney-client privilege.
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|
According to the statement, further "evidentiary problems" drove the decision to pursue the plea deal with John Enochs.
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|
A public report was issued with identical conclusions, but with a thin evidentiary stack under each of them.
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|
Judge Navarro slated a hearing for Friday to deal with various evidentiary issues in advance of opening statements.
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|
He heard testimony, ruled on evidentiary matters, made findings of fact and conclusions of law, and issued penalties.
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Much of the evidentiary record has expanded in recent years, offering new insights into the king of carnivores.
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In that evidentiary hearing, the board could decide whether to seat Harris or call for a new election.
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|
They're not being able to have a conversation that is actually going forward on a sound evidentiary basis.
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|
Critics of limitations statutes acknowledge these evidentiary concerns but argue that categorical time bars are an inadequate response.
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|
But the evidentiary foundation of the alleged conspiracy, the company said, is speech protected by the First Amendment.
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|
Dowless refused to testify in the board of elections' evidentiary hearing but has maintained he's done nothing wrong.
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|
To deal with the latter behavior, the law has developed a series of fair and founded evidentiary presumptions.
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"It brings up very serious evidentiary problems," said Beck, who represents survivors of sexual assault in civil litigations.
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|
What if there is no longer any evidentiary standard that could overcome the influence of right-wing media?
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She underwent a sexual assault response team exam, which is an evidentiary medical exam conducted in sexual assault cases.
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This decision comes after Mill's evidentiary hearing for his petition to retry his 2008 criminal trial on June 18.
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The FBI has requested an evidentiary hearing, which means the court will hear testimony from witnesses on both sides.
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|
" It adds the new guidance is "not intended to penalize filers for innocent mistakes or misunderstandings of evidentiary requirements.
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The bill amended provisions regarding the handling of eyewitnesses, the retention of DNA, and the timeframe for evidentiary testing.
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Once the case is started, the prosecutor has the ability to drop it altogether, especially if evidentiary issues arise.
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These statutes do serve evidentiary and diligence-promoting functions, but those functions could likely be fulfilled through alternative means.
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The filing also asks for an evidentiary hearing to demonstrate why her statements to law enforcement should be suppressed.
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They may also be looking for other evidentiary indicators, like whether there was a letter sent alongside the devices.
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In this universe, the legal system favors employers over employees via a host of procedural, evidentiary and substantive mechanisms.
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|
In the motion, Mr. Brafman called for an evidentiary hearing to investigate the extent of Mr. DiGaudio's alleged misconduct.
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|
First, they are not considered scientifically valid for evidentiary purposes and most courts will not admit them as evidence.
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The "beyond a reasonable doubt" evidentiary standard usually applies to criminal charges — and college tribunals are not criminal courts.
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This isn't the first time the office has stumbled into an evidentiary quagmire of dictionaries and social-justice discourse.
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This would provide an evidentiary basis for evaluating the Chapter 19 process, to see if it is still needed.
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Lawmakers are not required to prove their case beyond a reasonable doubt — the evidentiary standard in a criminal case.
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|
And, finally, despite the lack of evidentiary support, the commission proposes to regulate the rates for business broadband services.
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|
Third, the Committee is willing to prioritize a specific, defined set of underlying investigative and evidentiary materials for immediate production.
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|
Two were discovered after the trial, and the other had been barred by a faulty evidentiary ruling at the trial.
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|
Then Voorhees re-examined the case yet again with the "clear and convincing" evidentiary standard and pronounced Johnson not guilty.
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|
US District Court Judge Indira Talwani ordered an evidentiary hearing to rule on the preliminary injunction motion for October 15.
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|
" Under Garbis's order, the Justice Department is to fulfill their evidentiary obligations in the case "shortly after February 21, 2018.
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|
John Cleland, a visiting judge in the Center County Court of Common Pleas in Bellefonte, Pennsylvania, ordered the evidentiary hearing.
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|
Said evidentiary record is described in detail in the Court's order, also issued today, on Waymo's motion for provisional relief.
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|
The lawyers have also asked for an evidentiary hearing to examine the behavior of police and prosecutors in the case.
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|
Defense attorneys cited a number of evidentiary rulings and comments from the judge that they believe have prejudiced the defense.
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|
The board is expected to either certify the results or call for a new election after holding an evidentiary hearing.
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|
But the Michigan appeals court sent the case back to Langton for more work, including an evidentiary hearing if necessary.
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|
The state elections board has set an evidentiary hearing about the fraud investigation in the 9th District on Jan. 11.
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|
"None of them have any evidentiary basis whatsoever... they do not hold water, they do not make sense," Frame said.
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|
Others like Arizona, Michigan, and Pennsylvania have increased evidentiary standards to the highest in civil court, clear and convincing evidence.
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|
Burke, however, ruled that Weinstein's claims of prosecutorial misconduct had "no basis" and denied Weinstein's request for an evidentiary hearing.
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During an evidentiary hearing, Wright cross-examined a veteran police detective named James Dugan who was involved with this case.
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Democratic aides said a vote on possible articles of impeachment would follow quickly on the heels of an evidentiary hearing.
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|
And it's an evidentiary tactic by prosecutors to get evidence in trial that's not -- you don't have to subpoena a person.
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What is concerning, she said, is that the falsely accused are advocating for a higher evidentiary standard similar to criminal standards.
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She said she intended to take it to the trial-court level and request an evidentiary hearing for the new material.
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A request for additional resources would mean the FBI had identified significant evidentiary leads that needed to be investigated more fully.
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|
And this video posted to YouTube by DragTimes is just the latest in a series of evidentiary exhibits that proves it.
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|
Although he was at the center of the evidentiary hearing in Comanche, Texas, he was never afforded a chance to speak.
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|
The Trump administration rules propose that a school's choice of evidentiary standard must apply to any investigation of civil rights violations.
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|
That means he "gives weight to data based on who told him, not the evidentiary stack underneath it," Mr. Hayden said.
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|
Under the rules, Roberts can either rule on evidentiary issues or put the question to a majority vote of the Senate.
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|
"You know which photos are posted; you know where they came from; there are evidentiary trails to be made," Gillibrand said.
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|
The rise of short-course radiation is an example of the evidentiary blind spots that bedevil the treatment of prostate cancer.
|
|
But there are no evidentiary standards or necessity for legal grounding of impeachment articles — they're a political action, determined by Congress.
|
|
In the presidential impeachment context, the chief justice of the Supreme Court presides and rules on the legal and evidentiary issues.
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|
Earlier this month, a federal judge denied the defense requests for a new trial or an evidentiary hearing to determine juror misconduct.
|
|
I suppose that is a legitimate evidentiary factor, but Barr may be imputing more thoughtfulness or awareness to Trump than is warranted.
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|
Earlier this week, a federal judge denied the defense requests for a new trial or an evidentiary hearing to determine juror misconduct.
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|
There have been some issues dealing with evidentiary issues that will cause me to examine those periodically in our oversight role. Sen.
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|
The recommendation then goes through a series of evidentiary reviews within a police department before it is stamped with the "gang" label.
|
|
Artis's attorney, Kerry Sutton, contacted CNN last week after she received 13 evidentiary photos of Robinson from District Attorney Jim Woodall's office.
|
|
Judge Daniel Shanes, who oversaw Calusinski's trial, agreed in June to allow new testimony in an evidentiary hearing in August and September.
|
|
Clinton to know the evidentiary basis for which they made this update to their investigation, and they've said themselves they don't know.
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|
In other words, he's worried that if evidentiary standards don't (or can't) evolve with the fabricated times, people could easily be framed.
|
|
On the opposite end of the expanded cinema spectrum is artist and queer cinema pioneer Barbara Hammer's new performance work Evidentiary Bodies.
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|
The board had been ruled unconstitutional and was recently dissolved, which delayed a public evidentiary hearing that was scheduled for Jan. 11.
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|
"We can see that this means a rigorous level of proof is needed based on evidentiary principles of criminal procedure," he said.
|
|
The Minnesota prosecutors said they found "profound evidentiary problems" that would have made it hard to build a criminal case against Liu.
|
|
Now Baker's dual hats — an evidentiary source, and an unusual legal reviewer — leaves Congress pondering what else may be out of order.
|
|
And the Education Department rescinded an Obama-era guidance on college sexual assault, thus greatly raising the evidentiary standard needed for proof.
|
|
The Justice Department said it was undertaking a review of the evidentiary basis of the two other Page surveillance applications, Boasberg said.
|
|
When the F.B.I. concludes an investigation, it forwards the evidentiary fruits to the Department of Justice, which then decides whether to prosecute.
|
|
Four men who were questioned that day testified at a 2018 evidentiary hearing to the same unsettling detail in the interview room.
|
|
The secrecy—not to mention the weak evidentiary standards—has kept NSLs squarely in cross hairs of civil liberties groups for years.
|
|
He could speak this week, though: Both the Harris and McCready campaigns identified him as a possible witness for the evidentiary hearing.
|
|
Under Australian law, a judge may admit such only evidence if its evidentiary value outweighs the risk of prejudice to the defendant.
|
|
Under Australian law, a judge may admit such evidence only if its evidentiary value outweighs the risk of prejudice to the defendant.
|
|
" He said any argument that a woman's right to abortion might be burdened by a burial requirement for the fetus "lacks evidentiary support.
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|
"The practical application is something we call 'forensic molecular photo fitting': making a phenotypic prediction of a person from evidentiary DNA," Shriver said.
|
|
Both the change to the evidentiary standard and the provision allowing schools to deny survivors the opportunity to appeal are concerning, Peterson said.
|
|
The three-judge panel also upheld Rowland's 2-1/2 year prison sentence, and rejected his challenges to evidentiary rulings and jury instructions.
|
|
Their relationship to the tunics, materially and conceptually, is obscure at first — though one senses that, between the two, something evidentiary is afoot.
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|
" A spokesperson for Colgate said that the "trial suffered from numerous significant legal and evidentiary errors that we believe unfairly prejudiced the defense.
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|
I think fingerprint evidence carefully expressed and limited does have enough validity that it deserves to be a brick in the evidentiary wall.
|
|
Given that Huawei's competitors are almost exclusively American companies, the clear economic benefits of a ban for the U.S. increases the evidentiary standards.
|
|
Insight into Uber's tactics came to light during an evidentiary hearing regarding its legal battle with Alphabet's Waymo over self-driving car technologies.
|
|
The evidentiary portion of the trial is expected to last eight days, according to the Register, and Aaden's mother is expected to testify.
|
|
In a forceful dissent, Justice Sonia Sotomayor said the majority had manipulated prior rulings and the evidentiary record to reach its desired outcome.
|
|
"The assessment will review all the investigative findings to date, whether it is statements, evidentiary timelines, physical or digital evidence," the statement said.
|
|
In lieu of that, Weinstein's attorney also had asked for an evidentiary hearing to examine conduct by police and prosecutors in the case.
|
|
Campus judiciary systems don't have a criminal court's investigative powers or evidentiary procedures, but they do have many of a criminal court's responsibilities.
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|
"We have, all the time, different levels of evidentiary certainty based on the context, based on the role that we're playing," Greenwald said.
|
|
The N.F.L. therefore made a decision based on the evidentiary findings around this one incident as provided to us by the district attorney.
|
|
The plan gives schools the option of requiring a higher evidentiary standard, which would make it more difficult for survivors to prove wrongdoing.
|
|
At an evidentiary hearing in Texas in September 2015, Dahl said he did not believe Bergdahl should be jailed for what he did.
|
|
The FBI even prepared transcripts of several privileged calls, which only emerged when the defense exposed the misconduct in an extensive evidentiary hearing.
|
|
They also give schools the flexibility to choose a higher evidentiary standard, establish an appeals process, and offer the option of cross-examination.
|
|
Applying Robert's test of "in the first instance," on this record alone a sufficient evidentiary basis exists to remove the President from office.
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|
If you&aposre going to start to stitch together tweets into some criminal mosaic then you really are reaching these sort of evidentiary dregs.
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|
"It is clear ... that plaintiffs did not, at the time of filing, have evidentiary support for the specific allegations against (Earth First)," Wilson wrote.
|
|
The company said it would argue an evidentiary ruling issued in May wrongly allowed Johnson's expert witnesses to testify in front of the jury.
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"That wouldn't be taking place if there was really no evidence, no evidentiary basis to move forward," Schiff said of the grand jury news.
|
|
Reasons can include insufficient evidence, pragmatic concerns, a person's cooperation or evidentiary strategy, according to Robert Bloom, a professor at Boston College Law School.
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|
National Security Letters are similar to warrants but don't require the same evidentiary standard or approval from a judge for an agency to issue.
|
|
Before making a decision, the Trump administration is working to create an evidentiary standard based on the kinds of chemicals used and their source.
|
|
The faded references to heavy drinking and sexual pursuits had taken on evidentiary significance, and he was pressed by senators to acknowledge their meaning.
|
|
But so far, it has been as much about the ethics and evidentiary standards of Mr. Garrow's article as it is about Dr. King.
|
|
They differ from the Obama-era guidelines in three key ways: The new regulations change the evidentiary standard for Title IX sexual harassment proceedings.
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Each senator should reaffirm his or her obligation to "do impartial justice" without regard to political affiliation at the outset of the evidentiary presentations.
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|
Evidentiary items that interested the prosecution team may also have been withheld from the indictment in order not to tip off other potential defendants.
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We are hoping to continue talking to this community directly and documenting in a very evidentiary way what they are seeing as it evolves.
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|
Fernyhough does not spend much time on these criticisms, though in a footnote he does concede the scant evidentiary basis of the movement's claims.
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|
They're paired here with spare abstractions by the Korean painter Lee Ufan, which feature just a few evidentiary strokes of gray paint on white.
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|
First, lawmakers must clarify statutory procedures and strengthen the evidentiary standards DFPS and the courts rely upon when making the decision to remove children.
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|
In the Garlock case, Judge Hodges held a full-blown evidentiary hearing as part of the process of estimating the company's liability to asbestos plaintiffs.
|
|
If successful, it could seek a court order blocking the new evidentiary requirements for Nigerians, potentially covering Chinese, Indian and Pakistani asylum seekers as well.
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|
"Judges need to be aware of the importance of the emojis to the overall communication when we run into these odd evidentiary issues," Goldman says.
|
|
"The Brad Perry case has some of the most surprising evidentiary twists of the season," production executive Ari Mark said in a statement to PEOPLE.
|
|
Should that come to pass, subpoenas will be issued to compel individuals with knowledge of the NOPD-Palantir partnership to testify at an evidentiary hearing.
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|
Rakoff concluded not long after the evidentiary hearing that Palin couldn't plausibly allege the Times' ill will, even with the procedural bootstrap he had provided.
|
|
The April 30 filing by Chyna asserts that any evidentiary determination is premature and that she has pleaded sufficient facts to move the case forward.
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|
The April 30 filing by Chyna asserted that any evidentiary determination is premature and that she has pleaded sufficient facts to move the case forward.
|
|
And why is Nunes blurring the lines of congressional oversight and inappropriately asking for evidentiary information in the middle of a sensitive special counsel investigation?
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|
"Despite their best efforts," Hanen ruled, "Plaintiffs have failed to clear the evidentiary hurdle created by the death of Laura S." The case was dismissed.
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|
After moving for years at a glacial pace, she now wants an abbreviated and expedited impeachment process with just a few weeks of evidentiary preparation.
|
|
Surely a syndicated television career is in the cards should Judge Aquilina decide she's had enough of plea bargains and evidentiary motions in Ingham County.
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|
Ethics officials are supposed to hound wayward former appointees with calls and emails, which they should log for evidentiary purposes should enforcement action become necessary.
|
|
The statement also said that the board plans to schedule an evidentiary hearing as it weighs whether to certify the election results in the race.
|
|
Prosecutors have said they don't think he should get a new trial, or that jurors should be brought back to court for an evidentiary hearing.
|
|
That DNA evidentiary trail deviates from business-as-usual practices intended to serve criminal investigators while simultaneously safeguarding evidence from contamination and privacy from invasion.
|
|
Expert testimony is highly influential in product liability cases, and evidentiary standards exist to prevent juries from making decisions based on theories unsupported by science.
|
|
Contrary to the implication that the Labor Department could delay the rule further to pursue yet another duplicative review, agency actions require an evidentiary basis.
|
|
In this context it was wrong, and has evidentiary value, for Trump to pressure Senate Republicans to cut short their investigations of the Russia scandal.
|
|
The denial of an accused rapist, by contrast, is entitled to little evidentiary weight as it is fully explained by a desire to avoid conviction.
|
|
It will feature a three-channel video installation of a new work, "Evidentiary Bodies," an immersive synthesis of her career and her bouts with cancer.
|
|
Congress was wrong in rushing to impeach the president over these evidentiary disputes, and its second article was both premature and presumptuous in claiming obstruction.
|
|
Reforms, desperately needed to fix outdated practices — 24-hour police shifts, poor evidentiary standards, a rule that forbids most police officers from conducting investigations — drifted.
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Live testimony from the other witnesses during the sentencing would provide a "necessary evidentiary link" between the defendant and the uncharged criminal conduct, he said.
|
|
That's his prerogative — and his responsibility, one he can't simply shift to the senators as permitted for evidentiary questions under the Rule VII carve-out.
|
|
Democrats wasted little time in demanding the full and swift release of Mueller's entire report, seeking the evidentiary haul behind to power their own investigations.
|
|
The presiding officer also has the option to sidestep an evidentiary question and send it directly to the Senate for an up-or-down vote.
|
|
In addition, many organizations feel LCD evidentiary standards are highly selective, misrepresent the opinions of national organizations, and contain several key premises that are unsubstantiated.
|
|
These legal and evidentiary issues would likely be determinative in any other case, but in this one they may have little impact on the outcome.
|
|
Kelly in 1970 that welfare recipients suspected of fraud in New York were entitled to an evidentiary hearing before they could be deprived of benefits.
|
|
There's been a push to drive down the evidentiary standards at the FDA by allowing lower-quality evidence to be weighted in drug approval decisions.
|
|
He then presents an evidentiary argument that picks apart The Satanic Temple's copyright claim bit-by-bit, ending with a particularly out-of-left-field kicker.
|
|
"It is extremely rare that my office 'declines to prosecute' a case unless there are serious evidentiary issues that we feel cannot be overcome," she said.
|
|
In addition to denying the motion to dismiss the case, Judge James Burke also denied "evidentiary hearing" requests and set a pretrial hearing for March 7.
|
|
"This trial suffered significant legal and evidentiary errors which Johnson & Johnson believes will warrant a reversal on appeal," J&J said in a statement to CNBC.
|
|
Petrobras and its amici argue that trial judges, in particular, need more help from the Supreme Court to understand the evidentiary standard for disproving market efficiency.
|
|
On May 5, Hothi and his lawyer fought back, describing Hothi as a "citizen journalist" and requesting an evidentiary hearing and limited discovery on the matter.
|
|
Pursuing evidentiary analysis — and subjecting it to public scrutiny and comment — is a critical step in developing any regulation that could promote both stability and growth.
|
|
Going forward, the FCC should conduct timely Section 610 reviews pursuant to a procedural rule that places the evidentiary burden on those seeking continued enforcement. 4.
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|
According to all four experts that testified at the evidentiary hearing, metabolic bone diseases, including rickets, have been recognized for at least the last 100 years.
|
|
Salerno holds that federal courts may deny bail — and thus legally strip citizens of their liberty before trial — only if heightened evidentiary safeguards are in place.
|
|
New members will be appointed next Thursday and are expected to set a new date for a public evidentiary hearing about the findings from the investigation.
|
|
When Furhman shows up for his evidentiary hearing, however, he pleads the fifth to every single question — even one about planting evidence at the crime scenes.
|
|
It was wrong, and has evidentiary value, for the president to fire former New York U.S. Attorney Preet Bharara while he was investigating the Russia scandal.
|
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As much as it feels like the height of modern evidentiary standards, the tape also accesses a nostalgia for what we perceive as a simpler time.
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BARBARA HAMMER: EVIDENTIARY BODIES A retrospective for the storied video artist will also include archival materials, works on paper and previously unseen film. Oct. 218–Jan.
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The offer, made Sunday, is intended as a signal that Democrats are seeking an evidentiary trial, and not intending to simply rely on the House investigation.
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From an evidentiary standpoint, Mr. Bolsonaro is an attractive potential defendant because he has been so starkly disdainful of his own country's environmental laws and regulations.
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In a Senate trial to consider removing Mr. Trump from office, the evidentiary standards would be considerably higher than impeachment, which is akin to an indictment.
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"If anything looks unsubstantiated, the application is sent back to the FBI to provide additional evidentiary support," former FBI agent Asha Rangappa writes in Just Security.
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"We are confident that when the courts in those countries apply their different evidentiary rules and validity procedures, we will prevail," Resmed said in the statement.
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"It is extremely rare that my office 'declines to prosecute' a case unless there are serious evidentiary issues that we feel cannot be overcome," Mills said.
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Seven of the nine board members, with the exception of two Republicans, agreed to delay certifying the results until an evidentiary hearing on or before December 21.
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O.J. Simpson watches his former defense attorney Yale Galanter testify during an evidentiary hearing in Clark County District Court on May 17, 2013 in Las Vegas, Nevada.
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While the legal issue was still before the judge, FBI director Comey repeatedly argued that the evidentiary value of the phone justified any potential threat to Apple.
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Perhaps most controversially, we don't know whether Trump's own communications may have been targeted — and if they were targeted, what the government's evidentiary justification may have been.
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Thursday's hearing came in response to a motion filed by Brafman to dismiss the remaining counts or to hold evidentiary hearings on whether certain witnesses can testify.
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Second, the courts reaffirmed, for both Clinton and Espy, that the limited privilege against answering questions can be overcome with a showing of a legitimate evidentiary need.
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Opinion Columnist For all of my opposition to Donald Trump, I have long been skeptical of the political wisdom or evidentiary basis of efforts to impeach him.
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This is a country that can barely count the number of murders, let alone other crimes, let alone the evidentiary standards related to smartphones related to crimes.
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Over the course of Tuesday, as Senate Minority Leader Chuck Schumer offered amendment after amendment aimed at slowing the trial and subpoenaing evidentiary materials, Republicans sat listlessly.
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Ford's testimony scheduled for Thursday must pass a high evidentiary bar to credibly establish a pattern of behavior that is anathema to everything we know about Kavanaugh.
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She has written dozens of articles and two books — Factfinding Without Facts: The Uncertain Evidentiary Basis of International Criminal Convictions and Guilty Pleas in International Criminal Law.
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There have been some issues dealing with evidentiary issues, that will cause me to examine those periodically in our oversight role in the litigation division at the FEC.
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" Voorhees's reinvestigation of the complaint was inept, Bhargava noted, highlighting a need for more training "on how to evaluate evidence and the appropriate evidentiary standard to assess it.
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There were serious procedural and evidentiary errors in the proceeding that required us to move for mistrial on multiple occasions and we believe provide strong grounds for appeal.
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"We also must recognize that, by the States' own evidentiary materials, more restrictions on abortions result in higher complication rates and in decreased women's safety," the court wrote.
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But the evidentiary record for the trial is closed, and there are no more opportunities for Democrats to force votes on witnesses for the remainder of the trial.
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And on Friday, the Senate passed a resolution that formally closed the evidentiary record in the case and prevents Democrats from forcing more votes on witnesses and documents.
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In contrast, after years of discussing Russia allegations, Democrats want to move forward on a barely developed evidentiary record and cursory public hearings on this single Ukraine allegation.
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"The release of the information now will enable the public to understand better the evidentiary record on which the Commission's decisions in those proceedings are grounded," it explained.
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In a dissenting opinion, Chief Justice Thomas Saylor argued for an evidentiary hearing before a supervising judge to determine whether the grand jury record supported the priests' identification.
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First, in this case it is unclear whether the comparison occurring outside law enforcement evidentiary chains follows applicable state law protecting citizen privacy and rights against unreasonable searches.
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The Justice Department, in an unusual move, recently urged Judge Koh to hold evidentiary hearings about potential remedies if she ruled against Qualcomm in the trade commission case.
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The state's election board has declined to certify Mr. Harris as the winner in the Ninth Congressional District, and is expected to hold an evidentiary hearing this month.
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First, the Clinton impeachment was the culmination of a long investigation by two independent counsels and a evidentiary record delivered by two vans to the House Judiciary Committee.
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The Constitution endows the Senate with the "sole" power to try impeachments, and Senate rules say a majority of senators can overrule the presiding officer on evidentiary rulings.
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"He can make a ruling on procedural and evidentiary matters, but every ruling he makes may be appealed to the entire Senate, which may overrule him," Gerhardt said.
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Technology could erode the evidentiary value of video and audio so that we see them more like drawings or paintings — subjective takes on reality rather than factual records.
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"If (prosecutors) wanted to come up with more draconian charges here, it appears there would be an evidentiary basis from the four corners of the complaint," Michel says.
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Typically, when district courts issue temporary restraining orders, the case is set for a full evidentiary hearing where both sides can present evidence in support of their position.
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AI is smart enough to recognize the search term and any abbreviations, like GlcN, and liberally interprets evidentiary sentences so that it errs on the side of inclusion.
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In early November, the authority concluded its investigation, stating there is an "alleged evidentiary basis" for the charges of fraud, breach of trust, obstruction of justice, and more.
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Barr has dismissed the inspector general's finding on bias, saying Horowitz was limited by a low evidentiary standard and an inability to reach witnesses outside of the department.
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Kaine's evidentiary strategy in prepping for the debate provided Democrats with a trove of new ammunition, which they packaged into an ad that was released the following day.
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Johnson & Johnson said in a statement that it was disappointed with the verdict, citing "serious procedural and evidentiary errors in the proceeding," and that it planned to appeal.
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"I don't know that those rulings are made with a full evidentiary hearing or showing," he said, adding that the process can be overwhelming for those engaging in it.
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As indicated in item two of the Committee's subpoena, the Committee has a heightened interest in obtaining access to the investigative and evidentiary materials specifically cited in the report.
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"In this evidentiary context, the government's objections that the district court misunderstood and misapplied economic principles and clearly erred in rejecting the quantitative model are unpersuasive," the decision reads.
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The issue raises other questions: Would the current state's attorney share all the evidentiary material with a special prosecutor, or would the special prosecutor need to start from scratch?
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But he said that even with the benefit of testimony from the evidentiary hearing, Palin could not show Bennet acted with actual malice in reckless disregard of the truth.
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In all, the FBI obtained over 8,000 IP addresses, and hacked computers in 413 different countries, according to a transcript from a recent evidentiary hearing in a related case.
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During this hearing, students accused of sexual are permitted legal representation, and allowed to cross-examine the victim during an evidentiary hearing in front of an administrative law judge.
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A court that excludes legal representation for the accused almost certainly will fail to protect civil liberty if it isn't allowed to see proof of innocence or evidentiary flaws.
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The board is expected to hold an evidentiary hearing in the coming days and could, perhaps with both parties' blessings, schedule a repeat of the midterm contest in 2019.
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The postponement of the ruling came because Sharapova and the ITF needed more time to "complete and respond to their respective evidentiary submissions", the CAS said in a statement.
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In that context, the government must satisfy all the due process and evidentiary rules that apply to all criminal trials, including the presumption of innocence until guilt is proven.
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"Knowing that plaintiff's licensing history was no longer confidential to defendant, Liebowitz could not possibly have had any genuine belief that this statement had evidentiary support," the judge wrote.
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Kaplan says that they decided not to proceed with an "evidentiary hearing on the domestic violence order against Jamie" after notifying Britney's lawyers and attempting to work things out.
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For pictures of kittens or your friends' children, such provenance is probably not necessary, but if you seek to document a public figure's malfeasance, the evidentiary threshold is higher.
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Meanwhile, the McCarrick case has caused among the Curia a series of public hissy fits and mutual recriminations without (so far) a single evidentiary document produced by either side.
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The question in this case is whether the testimony is "so critical to the question of guilt or innocence that it trumps the state's evidentiary rules," Mr. McAndrews said.
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However, the rules make clear that a single senator can appeal an evidentiary ruling, which would trigger a vote in the Senate, where a simple majority would overturn Roberts.
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They've gained new hope now that the Florida 2nd District Court of Appeal has ordered that he will have a full evidentiary hearing for a new trial in 2018.
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Cornell University law professor Michael Dorf argues at SCOTUSblog that even Gonzales's permissive evidentiary standard can't save an abortion restriction that lies about whether it actually protects women's health.
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A USITC administrative law judge will hold an evidentiary hearing to make an initial determination of whether there was a violation, which will be subject to review by the commission.
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If the researchers' hypothesis, that the unconditional handout will have a positive impact on early child development, is confirmed, then old arguments about welfare will get a new evidentiary kick.
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In a 277-page January opinion covering a multitude of evidentiary and legal issues, Furman found Ross' decision to be "arbitrary and capricious" in violation of the Administrative Procedures Act.
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The Senate passed a resolution late Friday night that effectively closes the evidentiary record in the case and prevents Democrats from forcing more votes to subpoena new witnesses and documents.
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Prosecutors will ask the judge for a new evidentiary hearing on the disaster to ascertain the causes of the collapse, the head of the prosecutor's office Franco Cozzi said recently.
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"We are of course disappointed in the verdict, but we look forward to addressing the many legal and evidentiary issues on appeal," said Tanner's lawyer, Brendan McGuire, in an email.
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"As current acting FTC Chair Maureen Ohlhausen stated in her January dissent, the FTC complaint was based on a 'flawed legal theory' and 'lacks economic and evidentiary support,'" Rosenberg said.
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As Sharkey notes, broken-windows policing was based on a theory that was offered without any real evidentiary basis, and published in The Atlantic , not in a peer-reviewed journal.
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Judge Amy Berman Jackson, the federal judge overseeing Manafort's case in D.C., has ordered Mueller's team to submit its factual and evidentiary basis of Manafort's alleged lies by Jan. 14.
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This maneuver assumes, of course, that Mueller is able to compile an evidentiary dossier of criminal wrongdoing that would put serious pressure on the first family to do a deal.
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Richard said he expects an initial announcement of the hearing's findings on Wednesday, at which point he will request a public evidentiary hearing for likely between 45 and 60 days.
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Property can be subjected to forfeiture based on a low evidentiary standard and, in a perversion of justice, the burden of proof falls on the property owner, not the government.
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I confess I don't have the tools or time available at hand to speak with evidentiary certainty on the question, but applying the intraocular test to the data appears revealing.
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They often rely on a speck of doubt, or a gap in the evidentiary trail, to make a bold claim, even if they ignore some of the other available proof.
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After a lengthy closed session, the bipartisan state board announced that it had instead decided, on a 7-to-2 vote, to hold an evidentiary hearing on or before Dec.
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"There's a pretty high evidentiary bar, and FERC would need to show some basis whereby rates are not just and reasonable because of how different sources are paid," he said.
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In fact, in order to bring the disciplinary action against Ruggles, NYMEX's Business Conduct Committee held an evidentiary hearing to determine that, indeed, Ruggles was subject to the CME's regulatory jurisdiction.
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"They have to frame this as a personal attack by the prosecution, so everything that the prosecution does is a personal attack, not just a legal attack or an evidentiary issue."
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McGinniss was a key witness for the government at evidentiary hearings on the case ordered by the 4th Circuit in Wilmington, North Carolina in September 2012, despite his own checkered past.
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Prosecutors asked the court Tuesday for the shorter sentence and an abbreviated trial process in which the ex-president would formally enter a plea and which would skip the evidentiary phase.
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"As the member of Congress representing the Bastrop community where this crime took place, I have heard from many of my constituents about evidentiary gaps in Mr. Reed's case," McCaul wrote.
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In the second trial, the prosecutors cited recent decisions on the same evidentiary doctrine, the court allowed the prosecutors to call five of the women to testify, and Cosby was convicted.
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"It's manifestly obvious to us that this is human trafficking, but without the evidentiary piece of a victim's testimony we could not prevail in court," Martin County Sheriff William Snyder said.
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They made the arguments on the first day of a series of evidentiary hearings here that are likely to have a strong impact on the shape of the long-anticipated trial.
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As much as Comey values his reputation for personal integrity, it is likelier that he hopes there are tapes, because recordings would provide a stronger evidentiary basis for obstruction of justice.
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The North Carolina State Board of Elections and Ethics Enforcement announced Friday that it would delay an evidentiary hearing into fraud allegations in the 28503th District's House election until Jan. 22019.
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It was Draper's revelation that convinced Common Pleas Judge Teresa Sarmina to grant Williams an emergency evidentiary hearing for September 22015, 213, two weeks before he was set to be killed.
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The federal government's forfeiture law has a low evidentiary standard, a preponderance of the evidence, and law enforcement can receive up to 85033 percent of the proceeds from permanently seized property.
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There is confusion about the Mueller report's fact-finding because he used the wrong coordination standard, obstruction probably obscured the evidence of crimes, and the summary was unclear about evidentiary standards.
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The SS Rentabilitätsberechnung document could be a museum curator's evidentiary dream to support what happened in Nazi Germany, but why risk arming deniers with a way to undermine the Holocaust's reality?
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The theory holds that Democrats are opting for a quick evidentiary ruling from Roberts at the impeachment trial as a much faster path to securing critical testimony than protracted court battles.
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There isn't a paleoanthropologist alive who wouldn't like to clarify what happened in the million-year evidentiary gap between the small-brained, long-armed australopithecines and our own, big-brained genus.
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And based on the current set of facts, and on how the investigation has gone so far, there seems to be no reason to believe these emails have any evidentiary value.
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Shatz said the Education Department was right to specify in the new guidance that schools should use the same evidentiary standard in sexual misconduct cases that they use in other misconduct cases.
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Sandusky's lawyer, Alexander Lindsay, told the judge that many of the certifications he presented in the petition were based on what he believed a witness would likely say at an evidentiary hearing.
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Mueller is only making his own potential case and evidentiary burden higher by singling out "after hours" and "for the first time," so that obviously must mean something to his prosecuting team.
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With representatives from a half-dozen countries—the US, Britain, Scotland, Sweden, Germany, France, and Malta—now sitting around the table, putting together a case that met everyone's evidentiary standards was difficult.
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Different starting beliefs, evidentiary requirements, and other factors "can have a big effect on the kinds of inferences scientists make," said Sean Gryb, a physicist and philosopher at the University of Bristol.
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The defense has requested an "evidentiary hearing" to investigate whether jurors disobeyed Judge Cogan's orders by reading about the case on the internet and discussing evidence with each other prior to deliberations.
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Colonel Sonny Leggett, a spokesman for U.S. forces in Afghanistan, rejected the methods and findings used by UNAMA, saying the collection of evidence by U.S. forces was "more thorough, evidentiary and accurate".
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In the filing Manafort's lawyers said they would not seek an evidentiary hearing to contest Mueller's allegations of lying, arguing that such factual matters could be addressed in a pre-sentencing report.
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An obscure evidentiary rule that allows a court to admit evidence of uncharged crimes or wrongs to prove the defendant's motive, opportunity, intent, absence of mistake, or a common plan or scheme.
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It's a "handle with care" limited exception to the general evidentiary rule that such acts may not be used simply to prove a defendant's bad character or propensity to commit a crime.
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During my time as a federal prosecutor, the child exploitation images I was forced to review from an evidentiary standpoint were by far the most disturbing and difficult part of my job.
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As many have pointed out over the past week, President Trump's tweets alleging that President Obama ordered wiretapping of the Trump campaign are not only free of evidentiary support, they are nonsensical.
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As detailed in today's released report, these contacts provide a portrait of what we have all agreed to call "collusion," even if they don't meet the evidentiary standard of a criminal conspiracy.
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WADA said that of 298 Russian athletes in a target pool identified by its Intelligence and Investigations unit (I&I) as having suspicious data, 43 had been reviewed and evidentiary packages compiled.
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" Sample wrote, "Madoff lives with the guilt and shame of what he did every day, and he hopes the Court will give him the opportunity to address this through an evidentiary hearing.
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"From the moment the first witness took the stand in this case on March 14, 2016, the evidentiary issues raised by McDonald's and the franchisee respondents have simply been extraordinary," she wrote.
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Senate rules governing impeachment give much of the power to decide evidentiary and procedural questions to the presiding officer — in the case of a presidential impeachment trial, to Chief Justice John Roberts.
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The source said they are not aware of any political pressure having an impact on the decisions to dismiss charges as they were based on evidentiary review that continued during the case.
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"Technically, the Senate sets its own rules, including evidentiary ones, and has the power to reject the presiding officer's rulings by majority vote," said Mark Tushnet, a professor at Harvard Law School.
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It marked a dramatic turn in the North Carolina Board of Elections' evidentiary hearing, as John Harris contradicted his father's previous assertion that he never heard any red flags raised about Dowless.
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"The actions of the arresting officer(s) did not meet the evidentiary standards to warrant criminal charges ... or any other related criminal statutes," he said, citing the findings of a preliminary investigation.
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Prosecutors are searching for a sufficient quantum of evidence that they believe would justify a prosecution where the evidentiary burden is to prove beyond a reasonable doubt that a crime was committed.
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Zachary W. Carter, the city's corporation counsel, said this week that the decision to settle lawsuits alleging police misconduct "has always been based on an assessment of the evidentiary merit" of each case.
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"The panel's decision cannot be squared with the evidentiary record, which establishes that KBR burned batteries and other hazardous materials in burn pits on thousands of instances," reads another passage in the motion.
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Among other things, the new guidance allows schools to use a higher evidentiary standard, encourages mediation if all parties agree to it, and limits access to an appeals process to accused students only.
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The state Supreme Court granted inmate Stacey Johnson a stay Wednesday night, ruling 4-3 that he has a right to an evidentiary hearing after he requested DNA testing to prove his innocence.
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What evidence police have recovered "We were able to obtain some new information this morning, some evidentiary items that we've located, so we believe that we'll locate her," KSL quoted Budge as saying.
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"It's creating harder evidentiary standards for plaintiffs to meet," says Alexandra D. Lahav, a professor at the University of Connecticut School of Law who testified in Congress regarding previous iterations of the bill.
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The New Yorker's Ronan Farrow said Monday that a new report in which a former college classmate of Brett Kavanaugh accused the Supreme Court nominee of sexual misconduct met a high evidentiary bar.
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If no such charges are brought here — which could happen for a variety of evidentiary, legal, or policy reasons — the public would nonetheless have an interest in the evidence uncovered during the investigation.
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The main evidentiary difference between asylum and withholding is that asylum just requires a well-founded fear of persecution, and withholding requires the applicant to establish that persecution is more likely than not.
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The judge who set the new schedule for the trial, Maxwell Wiley of State Supreme Court in Manhattan, is to rule on a series of evidentiary issues in the case by July 11.
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Judge Amy Berman Jackson, the federal district court judge overseeing Manafort's criminal case in D.C., ordered the government to submit its factual and evidentiary basis of Manafort's five alleged breaches by Jan. 14.
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Where the orders are granted with relaxed evidentiary burdens, and the petitions can be brought by an ex-boyfriend or girlfriend, GVROs can become an instrument for malicious individuals to harass and endanger.
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It was wrong, and has evidentiary value, for the president to fire former FBI Director James Comey while he was investigating the Russia scandal after asking Comey to drop the investigation of Flynn.
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Now that everyone can easily record and broadcast information — now that people document and post half their lives, no matter how mundane — a tape has been downgraded to just an initial evidentiary volley.
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The judge also denied Mr. Weinstein's request for an evidentiary hearing on allegations of police misconduct, and said that his defense lawyers could address the question of the witnesses' credibility during the trial.
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There's just no way that the federal government could be feasibly expected to marshal that kind of evidence — and to do so under such a high evidentiary standard within three days, she said.
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The extraordinary clash came amid reports in Israel that the police were likely to present conclusions during the next week regarding the evidentiary basis for charges in two graft cases against Mr. Netanyahu.
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Rather, "The presumption began as a way of filling in minor evidentiary gaps, usually related to procedural or technical formalities" such as whether a document was filed in court with the correct seal.
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The District Court opinion in this case includes among its evidentiary findings an email sent from an anti-abortion group to the Louisiana law's main sponsor when the bill was pending in 2014.
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Philbin said he didn't know of specific conversations with Trump, saying he was limited by the House's evidentiary record, and he discussed the investigative efforts of the President's attorney Rudy Giuliani in Ukraine.
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In the board's evidentiary hearing last week, Harris testified that he did hire Dowless -- a convicted felon -- specifically for his "absentee ballot program" but maintained he did not know about any illegal activity.
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Mr. MacRae said he expected that an evidentiary hearing would take place in another four to six months, in which the new witnesses would testify and other evidence would be examined in court.
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Mr. Harris's decision was not especially surprising in the wake of an evidentiary hearing last week in Raleigh, where state officials and witnesses described an absentee ballot effort that was rife with misconduct.
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J&J said it would appeal, citing "serious procedural and evidentiary errors" in the course of the trial, saying lawyers for the woman had fundamentally failed to show its baby powder contains asbestos.
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Judge Frank Volk of the U.S. Bankruptcy Court in Charleston, West Virginia, said he did not have enough information to rule on DOL's motion and would schedule an evidentiary hearing in the coming weeks.
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In March, Guzman's attorneys asked US District Judge Brian Cogan to call the 18 jurors back for an evidentiary hearing to find out if there had been juror misconduct, and for a new trial.
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The US Supreme Court has decreed that when the government seizes these expressive materials, or the proceeds derived from them, it must immediately hold an evidentiary hearing to determine whether the seizure is valid.
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The evidence that Hillary intimidated her is, essentially, an inference on behalf of Broaddrick — an inference which may or may not be reasonable, but which lacks the evidentiary basis of Broaddrick's allegations against Bill.
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Hennepin County Attorney Mike Freeman said in a statement Friday that the months-long investigation by police and prosecutors found "profound evidentiary problems" that would have made it hard to build a criminal case.
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" The UAPA, unlike a regular Title IX hearing, "allows only accused perpetrators of sexual assaults (and not victims) to have the right to confrontation, cross-examination, and a right to an evidentiary administrative hearing.
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"As this is an active and ongoing investigation, the FBI is continuing to assess the evidentiary value of any materials retrieved for the investigation from any such server equipment/related devices," the filing said.
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Some Republicans reflected the pressure of their looming vote to acquit Trump despite an incriminating evidentiary record of his behavior in Ukraine, offering veiled criticism of his conduct that could anger some GOP voters.
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Privately, officials say that a high evidentiary threshold and the challenge of obtaining reliable information in Libya make it hard to definitively identify the perpetrators of some attacks, such as the one in Tajoura.
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"The NFLPA claims that it is likely to succeed in its claim that the underlying proceeding was 'fundamentally unfair' in light of certain procedural and evidentiary rulings by the Arbitrator," the NFL's motion reads.
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Hamilton went even further than the Davis decision, by stipulating what should happen after an evidentiary hearing: if a defendant can show "clear and convincing" evidence of his innocence, his conviction will be overturned.
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This is an oft-used argument on the right — so common, in fact, that it is now taken as a kind of foundational truth, one that is simply self-evident, requiring no evidentiary support.
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Those standards, which a Connecticut law directed a state board to draft, require all body camera videos to be stored for at least 90 days — and for at least four years if they're deemed evidentiary.
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Kelly said his client's inclusion on the list was a "meaningless evidentiary tactic" to enable prosecutors to introduce statements made by Kapoor at the trial of former CEO Michael Babich and the other five defendants.
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At the hearing Wednesday, the court agreed with my objection that this initial request, signed under penalty of perjury by Katherine's lawyer, did not have evidentiary value and could be disregarded in preparation our defense.
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It was a terrible mistake by Trump, and has evidentiary value, for Trump to admit the reason he fired Comey was to lower pressure on himself brought by the investigation that Comey was then leading.
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Once complete, Representative Adam Schiff, the chair of the Intelligence Committee, is then meant to transmit the report, along with relevant evidentiary material and member views, to the Judiciary Committee and to release it publicly.
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The possibility of absentee ballot fraud in the November election has taken center stage as the state elections board prepares for an evidentiary hearing in which they may decree that a new election be held.
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Instead, Democrats in the House should take advantage of the spotlight and hold evidentiary hearings lasting months, understanding full well that it will be the allegations, not the conviction, that will do Mr. Trump in.
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Critics of the president seem more than willing to speculate on highly attenuated evidence of some criminal conspiracy but refuse to acknowledge the continued absence of any direct or even plausible evidentiary basis for collusion.
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This week, the five-member board, made up of Republicans and Democrats, convened an evidentiary hearing in Raleigh at which witnesses described a voter-turnout effort that relied on the rogue collection of absentee ballots.
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In addition, officials faced "numerous evidentiary issues involving the actual time of death of Mr. Dunn and the admissibility of the video, both of which complicate the filing of any criminal charge," according to Archer's statement.
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Commenting on the purge, Human Rights Watch called on Saudi authorities to "immediately reveal the legal and evidentiary basis for each person's detention and make certain that each person detained can exercise their due process rights".
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Judge Amy Berman Jackson, who is handling the case, in an order later Tuesday told Mueller to file a document laying out the "the factual and evidentiary basis of the five alleged breaches" by next Monday.
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Sensenbrenner characterized any investigation that precluded an indictment of a sitting president as "fishing" and further claimed the report's raw evidentiary material did not comply with statutes requiring an explanation of the prosecution or declination decision.
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In November, for example, the Trump administration aggressively pushed through the designation of North Korea as a sponsor of terrorism, despite what officials in the State Department and other experts considered a relatively weak evidentiary case.
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In March, his attorneys asked the judge to call the 18 jurors who found him guilty back for an evidentiary hearing to find out whether there had been juror misconduct during his nearly three-month trial.
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North Carolina officials have not made the demands of their subpoenas public, but any findings could be released when the State Board of Elections and Ethics Enforcement holds an evidentiary hearing on or before Dec. 21.
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The general counsel of 50 large U.S. companies, including Google, Microsoft Corp and Bayer US, on Monday pushed for an amendment to federal evidentiary rules that would clarify a judge's role in admitting expert witness testimony.
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" Hurt's accuser recanted her testimony in an evidentiary hearing in 2015, according to the Louisville Courier Journal, but a judge ruled the recantation was a "shifting account" and "no more likely to be true than false.
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With that reality in mind, Democrats need more evidentiary "meat" – in tandem with a blistering, Twitter-ready marketing strategy – to overcome the decades-long psychological operation that right wing media have mounted against the American public.
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In each case, they received either no evidentiary hearing in post-conviction proceedings or only a limited opportunity to develop their claims, and were then barred from appealing most or all of their post-conviction claims.
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She recognizes that a targeted single killing may be better than indiscriminate bombing, but she worries still at the evidentiary standards of the secret drone strikes on civilians thought to be threats in Iraq, Afghanistan and Syria.
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Lawyers for the Philadelphia-based nonprofit Safehouse, which is leading the charge in trying to establish the first above-ground safe injection site in the United States, are set to appear in court for an evidentiary hearing.
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And since Trump's election, even conservative states like Arizona have considered major new reforms limiting forfeiture; the State House voted 60–0 to advance a bill setting a higher evidentiary bar for pursuing forfeiture just last month.
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Dowless's indictment and arrest came less than a week after the North Carolina State Board of Elections ordered a new election in the 9th District after days of evidentiary hearings detailing Dowless's role in the alleged scheme.
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It was wrong, and has evidentiary value, for the president to fire former acting Attorney General Sally Yates when she warned the White House that Russians could have material to blackmail former national security adviser, Michael Flynn.
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It was wrong, and has evidentiary value, for Sessions to recuse himself from the Russia investigation and then take actions that impeded the Russia investigation he had recused himself from, such as supporting the firing of Comey.
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Make that a triple wrong when last week, just days before the election, with no evidentiary facts before him, Comey wrote to congressional committees that maybe there was more to his earlier controversial decision, but maybe not.
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The prosecution, infuriated by the claims, filed an unusual motion late Tuesday to strike the entire presentation, saying it was based on hearsay and violated an evidentiary ruling issued before the trial by Judge Brian M. Cogan.
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In 2015, a California Appeals Court upheld a trade secret evidentiary privilege in a criminal proceeding — for what is likely the first time in the nation's history — to shield TrueAllele source code from disclosure to the defense.
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The NFIB has also supported reforms at the federal level that increase the evidentiary standard to clear and convincing, the highest standard in civil court, and shift the burden of proof to the government, where it belongs.
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To wit, the orders could be obtained if police had "reasonable grounds to believe" the records "are relevant and material to an ongoing criminal investigation," an evidentiary threshold far below what's required to obtain a warrant, i.e.
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Chapo's defense team will likely receive another chance to weigh in, then Cogan will decide whether to grant their request for an "evidentiary hearing," where jurors could be questioned under oath about their behavior during the trial.
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A few years ago when the unemployment rate was sky-high, there was widespread social panic about the idea that robots were taking all the jobs, but the evidentiary basis of this concern was always extremely weak.
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"The checks in and of themselves are significant from an evidentiary standpoint, because they provide some corroboration of Michael Cohen's explanations of what happened," Erin Chlopak, co-director of campaign finance strategy at the Campaign Legal Center, said.
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However, lawyers did say in September 2017 that if the NYPD planned to move forward, it should consider holding off on discovery while the criminal investigation was pending, as is typical when evidentiary issues overlap, the source explained.
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That's because the central premise of the O visa is that it is possible to identify "extraordinary" talent through the receipt of a major award like a Nobel Prize or an Oscar, or by satisfying specific evidentiary criteria.
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After the meeting, Reaves and Freud said they were heartened by the commission's findings, which come just weeks after the conclusion of an evidentiary hearing in Comanche, Texas, during which they dismantled numerous aspects of the state's case.
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"Regardless of the determination of the evidentiary hearing, I will not be a candidate in a possible primary election," Representative Robert M. Pittenger, who Mr. Harris defeated in last May's Republican primary, said in a statement this week.
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Hours after the Senate voted to close the trials evidentiary case last week, the Department of Justice set in a court filing that they were aware of two dozen emails that related to the president's thinking on Ukraine.
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In another case, an organization that produces cybercrime investigative software tried to invoke a trade secret evidentiary privilege to withhold its source code, despite concerns that the program violated the Fourth Amendment by surreptitiously scanning computer hard drives.
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Professor Turley: If the House proceeds solely on the Ukrainian allegations, this impeachment would stand out among modern impeachments as the shortest proceeding, with the thinnest evidentiary record, and the narrowest grounds ever used to impeach a president.
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Professor Turley: If the House proceeds solely on the Ukrainian allegations, this impeachment would stand out among modern impeachments as the shortest proceeding, with the thinnest evidentiary record, and the narrowest grounds ever used to impeach a president.
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"If the House proceeds solely on the Ukrainian allegations, this impeachment would stand out among modern impeachments as the shortest proceeding, with the thinnest evidentiary record, and the narrowest grounds ever used to impeach a president," he said.
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It should be clear that the evidentiary standard advocated by the Chinese companies is a self-serving ruse intended to get the administrative law judge to shut down the case — leaving them free to plunder the U.S. market.
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Thursday, Judge Michael Andrews held an evidentiary hearing in Pinellas County, Florida, to evaluate Duncan's case and what his team said is newly discovered evidence that could have resulted in an acquittal at his original trial in 1996.
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"If the House proceeds solely on the Ukrainian allegations, this impeachment would stand out among modern impeachments as the shortest proceeding, with the thinnest evidentiary record, and the narrowest grounds ever used to impeach a president," Turley said.
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Prosecutors sought to introduce evidence from 13 other women who have accused Cosby of sexual assault in order to show he engaged in a "signature crime" (or there was an absence of mistake) under evidentiary rules in the state.
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"The Committee's evidentiary amalgam of an obviously erroneous filing in an unrelated case, public speculation, news stories, and anonymous statements by government officials does not supply a level of certainty comparable to that afforded by official acknowledgement," Brinkema wrote.
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"There is not a shred of factual support, either in the complaint or in the evidentiary hearing, for the supposition that considerations of attracting readership ever entered Mr. Bennet's mind when he was drafting this particular editorial," Rakoff said.
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Trump's attorneys are attempting to keep nine pages of the evidentiary documents confidential because they contain Trump's former cellphone number — though Trump made that phone number public during his presidential campaign — The Hollywood Reporter said, citing a court filing.
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"Due to the parties requiring additional time to complete and respond to their respective evidentiary submissions, and several scheduling conflicts, the parties have agreed not to expedite the appeal," the Court of Arbitration for Sport said in the statement.
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In a pretrial evidentiary hearing, a judge found that McBean, after walking into his apartment complex with the deputies still behind him, brought the air rifle over his head, turned toward the deputies and pointed the gun at them.
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"[A]ll of the materials retrieved from any electronic equipment obtained from former Secretary Clinton for the investigation are evidence, potential evidence, or information that has not yet been assessed for evidentiary value," the FBI said in the filing.
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As Jones correctly notes, the evidentiary trail in this case is full of conflicts and contradictions, and at this late date, it is unlikely that even a painstaking book devoted solely to the investigation could answer all the questions.
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If pure thought, loosed, as it were, from empirical data and evidentiary considerations, has its limitations, then so too does our ability to think clearly about social and cultural systems that have so completely shaped our lives and opinions.
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Since many cases come down to one student's word against another's, and do not rise to the level of a police investigation, the evidentiary standard has become the main battleground in the nationwide fight over sexual behavior on campus.
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Shocking precisely no one who has been paying attention to the facts, the IG report finds in broad strokes that the FBI's investigation of Trump's campaign in 2016 was properly predicated, opened under correct evidentiary procedures, and conducted lawfully.
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Disclosure of evidence, potential evidence, or information that has not yet been assessed for evidentiary value while the investigation is active and ongoing could reasonably be expected to undermine the pending investigation by prematurely revealing its scope and focus.
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Graphic video footage from the fatal November police shooting of 6-year-old Jeremy Mardis was shown in a Louisiana court on Wednesday, during an evidentiary hearing in the murder trials of two deputy city marshals accused in the boy's death.
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" The NFL points out that no criminal charges were brought against Brown -- so the league was forced to make a decision on discipline "based on the evidentiary findings around [the May 2015] incident as provided to us by the District Attorney.
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The judges cited a separate evidentiary issue in vacating the verdict and ordering a new trial, ruling that the trial court should not have allowed non-expert witnesses to speculate on Freeport Mayor Andrew Hardwick's motivations for choosing Burmudez over Barrella.
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The initial complaint referred only to their dislike of "many of the union's public policy positions, including positions taken in collective bargaining," but the plaintiffs refused to be more specific or to cooperate with the union in developing an evidentiary record.
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Among the guidelines for doing so was a recommended 60-day period in which schools should strive to resolve complaints, and the requirement of university investigations to follow the preponderance of evidence standard, the same evidentiary standard used in civil proceedings.
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Serving in the unit would not be enough on its own to secure a conviction, even under the updated evidentiary standard, so the prosecutors in Braunschweig need proof that Hoffmeister was present in some capacity when Einsatzgruppe C committed atrocities.
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But in the absence of skilled and professional investigators with necessary funding and powers of evidentiary compulsion it is hard to imagine that either past or future instances of high-level impropriety will be effectually investigated by any of these mechanisms.
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Moreover, they asserted that the iPhone would most likely produce "minimal evidentiary value" anyway, because it was last used two years ago and the phone's owner, Jun Feng, and the other defendants in the methamphetamine case had already pleaded guilty.
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Partner with colleagues across research, testing and insights, journalism, communications, development, and digital products to identify strategies where our expertise in testing, ratings, and other evidentiary findings, and our 6-million strong membership base, can help spur changes in the marketplace.
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"This case is referred to the United States Attorney for investigation of possible theft of trade secrets based on the evidentiary record supplied thus far concerning plaintiff Waymo LLC's claims for trade secret misappropriation," US District Judge William Alsup wrote.
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The issue at hand is that Canada has allowed its courts to use a subjective and arbitrary test — known as the "promise doctrine" — to determine the usefulness of a drug, which has placed an unrealistic evidentiary burden on pharmaceutical patent applications.
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He showed me how to get into the jail to visit my clients, when to fill out a D.U.I. waiver or file a motion to dismiss, how to prepare for evidentiary hearings and how to deal with belligerent clients and prosecutors.
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Those prosecutors share a common background: a professional tradition of intellectual and evidentiary rigor and burdens of proof, a strong moral sense — the polar opposite of the president's unique blend of mushy, transactional, in-the-moment, muddy truthiness and whataboutism.
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Karlan has been criticized by Republicans for having a bias against Trump, but she rejected that argument by citing the "evidentiary record" before the committee, which she said shows that the president solicited foreign election interference for his own political gain.
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Examining why the F.B.I. had spent so long investigating the wrong suspect and failed to pursue alternative avenues, it found that agents suppressed "crucial" evidentiary weaknesses as they sought a court order to wiretap the innocent C.I.A. official, Brian J. Kelly.
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Its noncriminal nature means the principles of evidence that will govern federal civil trials offer a number of wise and appropriate guides for evaluating evidentiary issues, even though they do not necessarily apply to impeachment trials or control Senate decisions.
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And so this is something that the International Court of Justice and some other international courts have been criticized for — for not having evidentiary practices that can really do justice to some of the claims that they have to decide.
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"However, this timeline became problematic in the days following when many additional evidentiary data sets were discovered including Uber dashcam videos, hotel surveillance videos, door lock interrogations, private security dispatch logs, citizen cell phone videos, and traffic safety cameras," the report says.
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NEW YORK (Reuters) - U.S. prosecutors on Thursday handed over the first of 1 million evidentiary documents to the lawyers of Roger Ng, a former Goldman Sachs banker facing criminal charges linked to a multibillion-dollar scandal at the Malaysian state investment fund 1MDB.
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Many schools have appointed a specific officer to receive complaints and have determined that a "preponderance of evidence" is enough to establish that misconduct occurred, a less rigorous evidentiary standard than the "beyond a reasonable doubt" that applies in most criminal cases.
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"It was done with the approval of executives in both the FBI and the Department of Justice," FBI Special Agent Daniel Alfin, who worked on the investigation dubbed Operation Pacifier, said during an evidentiary hearing late last year, according to the transcript.
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A California state appeals court has ordered a new trial on claims that AutoZone Inc allowed a store manager to be sexually harassed by a coworker, citing what it said were flawed evidentiary rulings that swayed the case in the company's favor.
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"The Chinese authorities should disclose all the evidentiary information and openly hear the case with the attitude of a civilized state, rather than dealing with the case in a black box operation," Taiwan's independence-leaning Democratic Progressive Party (DPP) said in a statement.
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New details about raid to capture Abu Khatallah Witness testimony during a pre-trial evidentiary hearing in May 2017 revealed new details about efforts to capture and interrogate Abu Khatallah -- a process that the defense unsuccessfully argued was a violation of his rights.
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It is wrong, and has evidentiary value, that Trump stands virtually alone among high-level officials in refusing to unequivocally state that the Russians have attacked our country and continue to attack our country, which intelligence and law enforcement agencies warn about today.
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But discrediting federal jurists as having joined "the resistance" isn't merely an argument lacking in analysis or evidentiary support; it's also profoundly dangerous, for it suggests that any and all rulings against President Trump are not just doctrinally incorrect but also illegitimate.
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"The AMA is pleased to see that Google appreciates the seriousness of this issue, and we urge them to make public the process they use to vet advertisements and what evidentiary standard they use for determining which treatments are appropriate to advertise."
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Cover: Mark Harris, Republican candidate in North Carolina's 9th Congressional race, fights back tears at the conclusion of his son John Harris's testimony during the third day of a public evidentiary hearing on the 9th Congressional District voting irregularities investigation Wednesday, Feb.
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Likewise, when witnesses and documents arrive at the Senate, if questions arise about actual evidentiary rulings — like whether Mr. Bolton or Mr. Mulvaney can be forced to answer particular questions — a majority of senators can, under Rule VII, overrule the chief justice.
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This was directly contradicted by the inspector general&aposs report, which found that while there were some bureaucratic problems with the surveillance conducted on Page, the FBI was justified in launching the investigation and met the evidentiary threshold required to do so.
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According to the report, Christian, the higher-education commissioner, apparently decided that the university was incorrect in using a "preponderance of evidence" standard to find Johnson guilty, despite the "Dear Colleague" letter, and should have used the more stringent "clear and convincing" evidentiary standard instead.
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"We have to have an evidentiary basis to say, when you act, would-be-reporter, you're actually acting at the direction of your government and you don't have an independent journalistic ethos that we think of when we look at a reporter," Demers said.
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"We are doing everything we can as quickly as we can to identify what has led to these baby deaths and collapses," reads the statement, which goes on to explain that revealing any evidentiary information might hinder the progress or course of the ongoing investigation.
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But, Carpenter added, Califf is taking over at a time when there's been a movement in Washington, largely supported by the pharmaceutical industry and industry-backed patient groups, to relax and erode the evidentiary standards for the approval of new medicines and medical devices.
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Feedback from Members and staff having gone through review by the OCE has been that those under investigation need increased protection of their due process rights, greater access to basic evidentiary standards, and a process that does not discriminate against them for invoking those rights.
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In 2005, at a time when both members of Congress and terrorism defendants were asking for evidentiary materials relating to torture, she drafted the cable ordering the destruction of videos of the treatment of Nashiri and still more incendiary ones depicting Abu Zubaydah's torture.
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So despite Trump's accusations, we don't yet have solid information on 1) whether servers (or phones) in Trump Tower were or were not tapped, 2) the evidentiary justification for any tapping that did occur, if any, or 3) exactly whose communications might have been targeted.
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The judge also referred Waymo's claims that Uber misappropriated its self-driving technology to the U.S. Attorney's office, based on an evidentiary record the judge (uncharacteristically) kept under seal, and partially granted Waymo's bid for a preliminary injunction to stop Uber from using its tech.
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The 22019 guidance inappropriately focuses on one precise breeding technique (recombinant DNA technology) among the spectrum of animal breeding techniques, but without any identifiable, demonstrable risk for imposing the high evidentiary standard of drug "safety and effectiveness" required by the FDA's new animal drug regulations.
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"The network data stream that has been made available for defense review would be of no evidentiary value had it been transmitted in an encrypted format," wrote FBI Special Agent Daniel Alfin in his testimony in one of the cases arising from the operation.
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Although there is evidence that Putin sought to boost Trump's candidacy, lawmakers say, committee investigators concluded that the small group of intelligence officials who made the assessment in January 2017 did not meet the appropriate evidentiary standard to make that judgment with such certainty.
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And it wasn't until her recent retrospective Evidentiary Bodies (also the title of a beautiful film about her ailing and aging body) at the Leslie Lohman Museum of Gay and Lesbian Art, that her films were shown together with her photographs and installation works.
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Given the uncertain calculus behind impeaching Trump, and the need for a large number of congressional Republicans to all get on the same page to make impeachment successful, the case for impeachment will need to be incredibly compelling — on both political and evidentiary grounds.
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The new regulations cement some of the most debated policy positions in the interim guidance, such as allowing schools to choose the evidentiary standard — "preponderance of evidence" or "clear and convincing" evidence — to apply in determining whether accused students are responsible for alleged misconduct.
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They wrote: Maine cannot discriminate against a subset of companies that collect and use consumer data by attempting to regulate just that subset and not others, especially given the absence of any legislative findings or other evidentiary support that would justify targeting ISPs alone.
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David Armstrong testified outside of the jury's presence in an evidentiary hearing that given the similarities between the two floors Guyger was reasonable to think that Jean was a burglar when she entered the home and that there was no probable cause to arrest her.
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But generally, they said they may fight about: - "whether presidential transition materials are protected from disclosure by the Constitution"; - "whether presidential transition materials are protected from disclosure by the Presidential Transition Act"; - "whether presidential transition materials are protected from disclosure by an evidentiary privilege."
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"If DOJ [the Department of Justice] wishes to continue these prosecutions, the appellants are entitled to evidentiary hearings to determine whether their conduct was completely authorized by state law," Judge Diarmuid O'Scannlain wrote, sending the cases back to lower federal courts for further review.
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In the introduction to her catalog, Puleo emphasizes this by distinguishing between what she calls the "evidentiary function of representation" and the bald exhibition of violence—what artist Parker Bright famously termed "black death spectacle" in response to Dana Schutz's work in the 2017 Biennial.
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US District Court Judge Brian Cogan rejected defense requests for a new trial or an evidentiary hearing to determine juror misconduct, saying a "mountain range of evidence" against the trafficker strongly countered his attorneys' claims that jurors engaged in misconduct by following media coverage during the proceedings.
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It is, from any evidentiary perspective, difficult to say that the accumulation of all this information -- including another important story in the New York Times reporting that European surveillance picked up communications between Russia and the Trump team -- points toward the idea that Russia acted entirely alone.
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Writing for the appeals court, Circuit Judge Raymond Lohier said John may face "significant evidentiary obstacles" but had legal standing to sue, even if the Manhattan resident could not show that any of the food items he claimed to buy once or twice a month were mislabeled.
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On remand, Judge Crotty entertained new briefing and held an evidentiary hearing to consider the bank's arguments that shareholders had not shown a link between its alleged misstatements and share price declines following reports of government investigations of its marketing of four of its collateral debt obligations.
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With its delay tactics in tatters, the administration is now taking a different approach—instead of just stopping old regulations, it's surfacing new replacement rules that would let industry walk away from environmental and public-health and safety obligations that have solid evidentiary support and broad appeal.
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During an evidentiary hearing on Monday, the 27-year-old former Marine charged with allegedly stabbing to death an 11-year-old boy on his walk home from school began weeping as prosecutors revealed the child died from being stabbed more than 20 times, PEOPLE confirms.
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Others, including me, believe the evidentiary standard is not the problem but are troubled that the adjudication processes vary wildly from school to school, and are often opaque, incomprehensible, and done without clear rules of evidence and the right of each party to have an advocate.
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The board had been set to hold an evidentiary hearing January 11 to go over the evidence collected in the case, but in a surprise ruling at the end of December a court ordered the board to dissolve as part of a legal battle over its composition.
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In 2002, VA relaxed the evidentiary standards for MST claims, but after noting inconsistent application of its own regulations, in 2011, VA began assigning MST-related claims to specific adjudicators and accordingly, in 2013, VA invited nearly 3,000 veterans whose MST claims were denied to resubmit them.
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It was wrong, and has evidentiary value, for Sessions to refuse to tell the House Intelligence Committee whether Trump has pressured him to end or limit the Russia investigation, which he will be asked about by the special counsel and may have to testify about in court.
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" While the judge noted that looking for racial bias, especially in "campaign-trail statements," was a potentially fraught process that could result in an "evidentiary snark hunt," he concluded that his court could not "bury its head in the sand when faced with overt expressions of prejudice.
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Travis Smith, who was incarcerated at the Pinellas County Jail at the same time as the two informants, testified at the evidentiary hearing that he heard them concoct a fictitious story about Dailey, which they planned to take to prosecutors so they could win reduced sentences.
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While the first draft of the statement was dated May 6900, 2628, FBI records gathered by congressional investigators show agents were still receiving evidence responsive to grand jury subpoenas well after that, including documents and other evidentiary items logged on May 28503, May 22019 and May 26.
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"If the House proceeds solely on the Ukrainian allegations, this impeachment would stand out among modern impeachments as the shortest proceeding, with the thinnest evidentiary record, and the narrowest grounds ever used to impeach a president," said Jonathan Turley, a law professor at George Washington University.
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The plaintiffs, Joseph Boudreaux and Joseph Orr, argued in separate motions before Judge Eldon Fallon of the U.S. District Court for the Eastern District of Louisiana that they were entitled to new trials because their previous ones were marred by prejudicial errors, including wrongful evidentiary rulings and jury instructions.
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"What we tried to make clear in the letter was these were the six instances where the investigator made a judgment that the evidence he was able to compile met the appropriate evidentiary standard," Mr. Tompkins, who became headmaster of the school in 2010, said in an interview.
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The White House is telling senators that if they don't resist the call for witnesses, the proceedings could "turn it into a full-fledged trial with multiple witnesses on both sides and drawn out legal battles on evidentiary issues and privilege," said a Republican close to the White House.
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"I care deeply about the integrity of our democracy, and I'm not going to put up with that junk," said the strategist, Andy Yates, appearing confident, careful and sometimes indignant during the second day of an evidentiary hearing about a voter turnout operation in the state's Ninth Congressional District.
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What I hope the Supreme Court will do is make it absolutely clear that any state that continues capital punishment either must meet the highest standards of evidentiary proof of effective assistance, of counsel, or they cannot continue it — because that to me is the real dividing line.
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A preliminary investigation into the violent May 26 altercation, which was captured on video, found that "the actions" of the Wildwood police officers who arrested Emily Weinman "did not meet the evidentiary standards to warrant criminal charges," under state law, a news release from the Cape May County Prosecutor's Office said.
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The tech giant had been fighting the Justice Department's attempts and said in court papers last week the government's request was extraordinary because there is likely minimal evidentiary value of any data on the phone and that Congress never authorized it to pursue such requests through the 1789 All Writs Act.
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" When asked if Broaddrick was worried that she was treating Ford's allegations with the same skepticism and doubt that her own accusations were subjected to, Broaddrick said, "People are going to have to believe what they want to believe, but I believe in due process, and I believe in evidentiary information.
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"In fact, the network data stream that has been made available for defense review would be of no evidentiary value had it been transmitted in an encrypted format," wrote FBI Special Agent Daniel Alfin, in a testimony for the case of Edward Joseph Matish III, one of the Playpen defendants.
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At the evidentiary hearing earlier this year, officials involved in planning Khatallah's capture testified about logistical and political factors that would have prevented a number of countries from cooperating with the operation, including the direction the boat was traveling in, and the fact that Khatallah could face the death penalty.
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These include the president receiving copies of all evidentiary material; the president and his counsel being invited to all hearings; and his counsel being permitted to ask questions at the presentation of evidence, submit evidence on the president's behalf, question witnesses, object to the questioning of witnesses and so on.
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Why it matters: The evidentiary hearing may last for two days and it could prompt the five-member election board to certify the November results or order a new election in the district if there's strong evidence that ballot-tampering was widespread enough to affect the outcome of the race.
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A unanimous three-judge panel of the 11th U.S. Circuit Court of Appeals held that the lower-court judge should have held an evidentiary hearing before deciding that Laura Angelini, who previously worked for Ethicon Inc and DePuy Orthopaedics Inc, was privy to confidential information covered by her noncompete agreement.
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"I move that in light of claims of numerous irregularities and concerted fraudulent activities related to absentee by mail ballots and potentially other matters in Congressional District 9, the state board hold, as then constituted, an evidentiary hearing on or before December 21," Vice Chairman Joshua Malcolm proposed in the vote.
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The proposed rules, first reported by the New York Times, would allow for the accused to cross-examine their alleged victims, let schools and colleges significantly narrow down the definition of sexual harassment, and give institutions to pick a higher evidentiary standard to determine whether the alleged perpetrators have committed misconduct.
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If it's adopted, the startup's device will be able to be used pre-arrest to give the officer a number indication of a driver's impairment, or as SannTek further hones their device, the breathalyzer could be used for post-arrest evidentiary testing back at the precinct in a more controlled environment.
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The U.S. Court of Appeals for the Federal Circuit affirmed a decision denying a motion for a new trial 01 Communique Laboratory Inc made after a jury found Citrix did not infringe one of its patents, rejecting 01 Communique's claim that it was prejudiced by the trial judge's evidentiary rulings.
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In evidentiary affidavits signed in 220006 and 2202, an Energy Department agent assigned to assist the FBI in the case testified that Mikerin supervised a "racketeering scheme" that involved extortion, bribery, money laundering and kickbacks that were both directed by and provided benefit to more senior officials back in Russia.
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"Based on the evidentiary record, what has happened in the case before you is something that I do not think we have ever seen before: a president who has doubled down on violating his oath to &aposfaithfully execute&apos the laws and to &aposprotect and defend the Constitution,&apos" she said.
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"Based on the evidentiary record before you, what has happened in the case before you is something that I do not think we have ever seen before: a President who has doubled down on violating his oath to faithfully execute the laws and to protect and defend the Constitution," she said.
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"Everything I know about our Constitution and its values, and my review of the evidentiary record, tells me that when President Trump invited -- indeed, demanded -- foreign involvement in our upcoming election, he struck at the very heart of what makes this country the 'republic' to which we pled allegiance," she said.
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"Everything I read about our Constitution and its values, and my review of the evidentiary record, tells me that when President Trump invited — indeed, demanded — foreign involvement in our upcoming election, he struck at the very heart of what makes this country the 'republic' to which we pledge allegiance," Karlan continued.
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"Everything I read about our Constitution and its values, and my review of the evidentiary record, tells me that when President Trump invited — indeed, demanded — foreign involvement in our upcoming election, he struck at the very heart of what makes this country the 'republic' to which we pledge allegiance," she continued.
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And — you know, what I hope the Supreme Court will do is make it absolutely clear that any state that continues capital punishment either must meet the highest standards of evidentiary (ph) proof of effective assistance of counsel or they cannot continue it because that, to me, is the real dividing line.
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"The parole board doesn't have the same evidentiary requirements as a criminal trial court, so if they were to determine that knife was connected to him in any way, that could be used against him in a parole board hearing and utilized by the state to argue for denial of parole," Jackson says.
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In this IPR process, a U.S. Patent and Trademark Office administrative body called the Patent Trial and Review Board (PTAB) employs a very different (and controversial) standard for evaluating a patent's validity than that long used by the federal courts — and with a much lower evidentiary requirement for proving the patent is invalid.
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Indeed, although the governing law could be read to entitle all condemned federal prisoners to an evidentiary hearing on their post-conviction claims, many federal death-row prisoners have completed all available appeals without ever having a court consider evidence in support of unsettling allegations such as judicial bias or improper jury conduct.
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In September 2012, after reading about an evidentiary hearing in MacDonald's case in The Charlotte Observer, local couple John and Chris Griffin came forward with a similar tale of an alcohol-fueled, tear-filled confession from Mitchell, who was doing some electrical work in their Lake Wylie, North Carolina home in 1980 or 1981.
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The need for strength in numbers is an especially poor fit for criminal court, where, for the most part, patterns of predatory behavior are kept off limits by laws and evidentiary rules that prevent the introduction of "prior bad acts" — similar acts that haven't been charged, perhaps because they fall outside the statute of limitations.
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In response, Speier on Thursday announced the introduction of the Title IX Protection Act, which would enshrine in law some of the Obama administration's guidelines, such as the right of a survivor to appeal a school's ruling and a recommendation that schools use an evidentiary standard that survivors and their advocates say is the most appropriate.
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He said he knew one of them was sharing internal documents with a third party, "most likely...Forbes Blogger Todd Essig and at least another freelance "reporter" who are using such information out of context and with little evidentiary support to try and harm Talkspace's reputation and future by crafting malicious "scandal pieces" (sic)." he wrote.
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For some, the evidentiary standard itself is too low; opinions of what should be used instead vary from none at all (the argument being that colleges should avoid this entirely and require any reports of assault to go to the police) to a "clear and convincing" standard, which is a higher bar than preponderance of the evidence.
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Despite incessant pleas from doctors and patients for more safe and effective products that might help when used appropriately, the FDA continues to raise the evidentiary threshold for permitting a new product — recasting pre-market approval as a venue for the practice of evidence-based medicine to determine clinical utility, benefit, and health outcomes, pre-approval.
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While special counsel Robert MuellerRobert (Bob) Swan MuellerTrump calls for probe of Obama book deal Democrats express private disappointment with Mueller testimony Kellyanne Conway: 'I'd like to know' if Mueller read his own report MORE could offer new incriminating evidence in his final report, the evidentiary record remains strikingly anemic as a basis for criminal obstruction charges.
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Judge Colleen McMahon of the Federal District Court in Manhattan is expected to release her ruling soon on a lawsuit filed last year by the American Civil Liberties Union to obtain records about the legal basis for the use of lethal force outside conventional war zones and the evidentiary standards the administration uses to vet targets.
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Critics have argued for years that it either went too far, by extending the Constitution's protection for habeas corpus to noncitizen terrorism suspects outside the United States, or not nearly far enough, by extending habeas corpus only to Guantánamo and by not providing guidance on the procedural, evidentiary and substantive rules to govern these habeas cases.
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" Stanford law school professor Pamela S. Karlan: "Everything I know about our Constitution and its values, and my review of the evidentiary record, tells me that when President Trump invited—indeed, demanded—foreign involvement in our upcoming election, he struck at the very heart of what makes this country the "republic" to which we pledge allegiance.
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Pamela Karlan: That everything I know about our Constitution and its values and my review of the evidentiary record and here Mr. Collins, I would like to say to you sir, that I read transcripts of every one of the witnesses who appeared in the live hearing because I would not speak about these things without reviewing the facts.
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"Pamela Karlan, a professor at Stanford Law School: "Based on the evidentiary record, what has happened in the case before you is something that I do not think we have ever seen before: a president who has doubled down on violating his oath to &aposfaithfully execute&apos the laws and to &aposprotect and defend the Constitution.
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"If the House proceeds solely on the Ukrainian allegations, this impeachment would stand out among modern impeachments as the shortest proceeding, with the thinnest evidentiary record, and the narrowest grounds ever used to impeach a president," Jonathan Turley, a professor of public interest law at George Washington University Law School, will say, according to his prepared testimony.
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" The Constitution doesn't provide any details about what the chief justice should do as presiding officer over a trial of the president, but the Senate rules governing impeachment provide, among other things, that the "Presiding Officer possesses authority to rule on all evidentiary questions," or he can "put any such issue to a vote before the Senate.
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"If the House proceeds solely on the Ukrainian allegations, this impeachment would stand out among modern impeachments as the shortest proceeding, with the thinnest evidentiary record, and the narrowest grounds ever used to impeach a president," Jonathan Turley, a professor of public interest law at George Washington University Law School, will say, according to his prepared testimony.
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"Defendants seek a mistrial because the Court's evidentiary rulings and comments throughout this trial evince a cumulative abuse of discretion that has deprived Defendants of their Fifth and Sixth Amendments rights to a fair trial, to an adequate defense, and to confront the witnesses against them," lawyers for Menendez and Melgen formally asserted in Sunday's motion.
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With four justices on board, enough to have granted the case if they desired to do so, the side-stepping statement appeared to be an effort to get lawyers to make a stronger evidentiary argument advancing the arbitrariness concerns that Breyer detailed in his Glossip dissent before having the full court hear — and vote on — the arguments on the issue.
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He sits down for a six-part interview of his life during the trial, had a steady stream of celebrities go in and out of chambers, was so slavishly devoted to the defense side of things, the famous side, that we lost evidentiary ruins that were mind-blowing from a whole legal standpoint that's too nerdy and ridiculous and boring to get into.
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His ruling granting habeas rights to Guantanamo prisoners in Boumediene was promptly undermined by the DC Circuit, which tacked on a rule giving the government the benefit of the doubt on all evidentiary questions about a detainee's terrorist designation and has overruled every lower court release since 2010; the Supreme Court has declined to grant certiorari to review the Circuit's rule.
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It was wrong, and has evidentiary value, for the president to humiliate and threaten Attorney General Jeff SessionsJefferson (Jeff) Beauregard SessionsDOJ should take action against China's Twitter propaganda Lewandowski says he's 'happy' to testify before House panel The Hill's Morning Report — Trump and the new Israel-'squad' controversy MORE through intense public criticism and letting it be known he might fire Sessions.
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She has a retrospective exhibition titled Evidentiary Bodies at the Leslie-Lohman Museum of Gay and Lesbian Art through January 28, she had multiple film screenings in the fall at Electronic Arts Intermix, the Japan Society, and the Museum of the Moving Image, and her films were the subject of a program called Lesbian Hands at the Anthology Film Archives in December.
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These included a 1998 case and a 2000 case that each raised a different type of evidentiary dispute: a 2004 case in which prosecutors appealed a trial judge's decision to impose an unusually low sentence, and a 2012 machine gun case in which a defendant argued that prosecutors had to prove that he knew his gun could fire automatically, not just that he possessed it.
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However, lead House impeachment manager Adam Schiff said he would bring any executive privilege issues directly to Chief Justice John Roberts for quick disposition (while Roberts later said he would not break a 50-50 tie vote in the Senate, he said nothing about whether he would decide evidentiary issues -- and Senate impeachment rules specifically give him the ability to "rule on all questions of evidence").
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" But it's important to understand that Professor Turley was a strenuous advocate for the impeachment of former President Clinton while he now opposes the impeachment of President Trump, saying this: "I am concerned about lowering impeachment standards ... This impeachment would stand out among modern impeachments as the shortest proceeding, with the thinnest evidentiary record and the narrowest grounds ever used to impeach a president.
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In the age of ISIS recruiting at-risk American citizens online; threat of nuclear weapons getting into the hands of unstable leaders in North Korea and/or Iran; and cyber-attacks threatening critical infrastructure like power, water, and transportation; ponder what risks we would face if we held the intelligence community to the same moral and evidentiary guidelines as our domestic law enforcement agencies are held?
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Trump's attorneys largely ignored the report earlier in the day, with Jay SekulowJay Alan SekulowGOP predicts Roberts won't cast tie-breaking vote on witnesses Live coverage: Senators query impeachment managers, Trump defense Trump lashes out at Bolton over 'nasty' and 'untrue' book MORE saying they would not deal in "speculation, allegations that are not based on evidentiary standards at all" in a vague reference to the report on Bolton's forthcoming memoir.
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A lawyer for House Democrats had argued to the court that the full evidentiary record assembled by Mr. Mueller is important, for example, in part because of suspicions that Mr. Trump may have lied under oath in his written answers to Mr. Mueller when he denied knowing about outreach to WikiLeaks regarding the contents of the emails that Russian hackers had stolen from Democrats, and the organization's plans to publish them.
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The attorney general's referrals have specifically targeted these priorities, questioning whether and under what circumstances the agency possesses the authority to administratively close a case without a decision on removability or relief, what circumstances could justify a continuance before the immigration judge, and whether an applicant for relief is entitled to a full evidentiary hearing on his claim even if the immigration judge concludes that the application will fail as a matter of law.
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"The government requests this extraordinary relief notwithstanding … the likely minimal evidentiary value of any data on the phone (given that all defendants have pled guilty and the phone was seized and last used nearly two years ago); that Congress has never authorized the power to compel private parties that the government seeks here; and that the record is devoid of evidence that Apple's assistance is necessary," Apple lawyers wrote in the filing.
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That decision came at the end of a days-long evidentiary hearing in which state elections officials and witnesses described an expansive absentee-ballot scheme orchestrated by Leslie McCrae Dowless, a political operative hired by the 2018 Republican nominee Mark HarrisMark HarrisGOP super PAC drops new TV ad in contested NC House race North Carolina elections chair resigns after joke relating cows to women NC operative charged with obstruction of justice, perjury over alleged ballot scheme MORE.
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"Everything I know about our Constitution and its values and my review of the evidentiary record -- and here Mr. Collins, I would like to say to you, sir, that I read transcripts of every one of the witnesses who appeared in the live hearing because I would not speak about these things without reviewing the facts, so I'm insulted by the suggestion that as a law professor I don't care about those facts," Karlan scolded the Georgia Republican.
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In late work by Muriel Spark, Philip Roth, Saul Bellow, William Golding, and now Edna O'Brien, you can detect a certain impatience with formal or generic proprieties; a wild, dark humor; a fearlessness in assertion and argument; a tonic haste in storytelling, so that the usual ground-clearing and pacing and evidentiary process gets accelerated or discarded altogether, as if it were (as it so often can be) mere narrative palaver that is stopping us from talking about what really matters.
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House Democrats contend, with evidentiary support, that these activities amounted to a campaign to pressure Ukraine's government to open investigations into (a) possible Ukrainian interference in the 85033 election and (b) potential Biden family corruption — in particular, Hunter Biden cashing in on the political influence of his father, then-Vice President Joe BidenJoe BidenThe Hill's Morning Report - House prosecutes Trump as 'lawless,' 'corrupt' What to watch for on Day 3 of Senate impeachment trial Sanders wants one-on-one fight with Biden MORE.
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Plantronics * Says United States District Court in Wilmington, Delaware, issued its order on this motion for sanctions * Says order imposed punitive sanctions against plantronics in amount of $3 million * Says order imposed additional monetary sanctions reimbursing GN for reasonable fees and costs incurred in connection with discovery disputes leading to motion for sanctions * Says order imposed possible evidentiary sanctions, if requested by GN Netcom and found by Court to be warranted as this case progresses toward trial * Says order imposed instructions to jury that it may draw an adverse inference that emails destroyed by Plantronics would have been favorable to GN's case and/or unfavorable to Plantronics' defense * Order does not impact GN's financial guidance for 2016 Source text for Eikon: Further company coverage: (Gdynia Newsroom)
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