Wednesday, December 23, 2020

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Turkish court convicts former editor on terror charges

A Turkish court on Wednesday convicted the former editor-in-chief of opposition newspaper Cumhuriyet on espionage and terror-related charges over a 2015 news story, a verdict the exiled journalist said exemplified the pressures on Turkish media. The court in Istanbul found Can Dundar guilty of “obtaining secret documents for espionage” and “knowingly and willingly aiding a terrorist organization without being a member.” It sentenced him to 27 1/2 years in prison. Dundar fled to Germany in 2016, and he was tried in absentia. His lawyers said the proceedings did not adhere to the standards for a fair trial and judicial impartiality, and they did not attend Wednesday’s court hearing in protest. In an interview with The Associated Press at his Berlin office, Dundar called the verdict “a personal decision by the president of Turkey to deter the journalists writing against him.” Dundar was first charged in 2015 and tried and convicted in 2016 for a Cumhuriyet article that accused Turkey’s intelligence service of illegally sending weapons to Syria. Wednesday’s verdict came in his retrial. The story featured a 2014 video that showed men in police uniforms and civilian clothing unscrewing bolts to open trucks and unpacking boxes. Later images showed trucks full of mortar rounds. The AP cannot confirm the authenticity of the video. The news report claimed that Turkish intelligence service and President Recep Tayyip Erdogan did not allow a prosecutor to pursue an investigation into arms smuggling. The story infuriated Erdogan, who said the trucks carried aid to Turkmen groups in Syria and that Dundar would “pay a high price.” Cumhuriyet’s Ankara bureau chief, Erdem Gul. also faced criminal charges in the first trial. Turkey later intervened directly in the Syrian civil war, launching four cross-border operations. Reporters Without Borders ranked Turkey 154th out of 180 countries in its 2020 Press Freedom Index. Dundar said the trial verdict could have a further chilling effect. “The problem is there is a cloud of fear over the country, so those decisions may deter some journalists in Turkey to write against the government, to write about the truth,” he said. “There are still brave journalists defending the truth in Turkey, but I hope the world will see much better now what kind of government we are struggling against,” he added. German Foreign Minister Heiko Maas tweeted: “The decision against Can Dundar is a heavy blow against independent journalistic work in Turkey.” “Journalism is an indispensable service to society, including and especially when it takes a critical view of what those in government are doing,” he said. Dundar was accused of aiding the network of U.S.-based Fethullah Gulen, a Muslim cleric whom the Turkish government accuses of masterminding a failed 2016 coup. Gulen denies the allegations and remains in Pennsylvania.

High court rules challenge to Trump census plan is premature

A divided Supreme Court has dismissed as premature a challenge to President Donald Trump’s plan to exclude people living in the country illegally from the population count used to allot states seats in the House of Representatives. The court’s decision Friday, led by its conservative justices, is not a final ruling on the matter and, while it allows Trump to pursue the plan for now, it’s not clear whether he will receive final numbers from the Census Bureau before he leaves office next month. If the president still has not received final census numbers by the time Joe Biden takes office Jan. 20, Trump’s plan will be effectively dead because Biden is extremely unlikely to pursue it. It’s also possible the Biden administration would take steps to try to reverse decisions made under Trump. For now, though, the high court said it was too soon to rule on the legality of Trump’s plan because it’s not yet clear how many people he would seek to exclude and whether the division of House seats would be affected. The court said in an unsigned opinion that “we express no view on the merits of the constitutional and related statutory claims presented. We hold only that they are not suitable for adjudication at this time.” At least five of the court’s six conservative justices had to join the opinion to make a majority on the nine-member court. The three liberal justices dissented, saying the effort to exclude people in the country from the population for divvying up House seats is unlawful. “I believe this Court should say so,” Justice Stephen Breyer wrote, joined by Justices Elena Kagan and Sonia Sotomayor. It’s not clear that Friday’s decision will have much practical effect. Documents leaked to the House committee that oversees the Census Bureau suggest the apportionment numbers won’t be ready until after Jan. 20, when Trump leaves office and Biden becomes president. The Census Bureau has acknowledged the discovery of data irregularities in recent weeks that put the Dec. 31 deadline in federal law for transmitting numbers to the president in jeopardy. Dale Ho, the American Civil Liberties Union lawyer who argued the case for the challengers, said the decision was about the timing of the case, not whether the plan complies with federal law. “This ruling does not authorize President Trump’s goal of excluding undocumented immigrants from the census count used to apportion the House of Representatives. The legal mandate is clear — every single person counts in the census, and every single person is represented in Congress. If this policy is ever actually implemented, we’ll be right back in court challenging it,” Ho said. No president has tried to do what Trump outlined in a memo in July — remove millions of noncitizens from the once-a-decade head count of the U.S. population that determines how many seats each state gets in the House of Representatives, as well as the allocation of some federal funding. States with large populations of people who are in the country illegally could lose seats in the House under Trump’s plan, and the president signaled in his memo that punishing states that “encourage illegal aliens” is one reason he issued it. By the administration’s estimate, California could lose two to three House seats if people living in the country illegally were excluded based on what the administration said are more than 2 million such California residents. His administration has defended his authority to exclude at least some people living in the country illegally, including perhaps people who are in immigration detention or those who have been ordered to leave the country. But during arguments last month, acting Solicitor General Jeffrey Wall, Trump’s top Supreme Court lawyer, would not rule out larger categories of immigrants, including those who have protection from deportation under the DACA program.