Legal News for Mon 12/23 - Shutdown Averted, Giuliani Legal Battle, Google Antitrust Proposal, Illinois Swipe Fee Laws and Mangione's Terrorism Charges

Minimum Competence

This Day in Legal History: Terry Nichols Convicted

On December 23, 1997, Terry Nichols was convicted of conspiracy to use a weapon of mass destruction and eight counts of involuntary manslaughter in connection with the 1995 Oklahoma City bombing. This devastating attack, orchestrated with Timothy McVeigh, targeted the Alfred P. Murrah Federal Building, killing 168 people and injuring hundreds more. The bombing was the deadliest act of domestic terrorism in U.S. history at the time. Nichols, who played a critical role in the attack by helping McVeigh acquire and prepare the bomb materials, was sentenced to life in prison without parole.

McVeigh, the primary perpetrator, had already been convicted earlier that year on June 2 and was sentenced to death. Nichols’ trial, however, focused more on his involvement as an accomplice, leading to a conviction that avoided the death penalty. The two trials revealed the intricacies of their plot, rooted in anti-government ideologies and resentment over events such as the Waco siege and Ruby Ridge standoff.

The bombing's aftermath led to significant legal and policy changes, including the enactment of the Antiterrorism and Effective Death Penalty Act of 1996, which aimed to streamline federal appeals in death penalty cases and enhance law enforcement’s ability to combat terrorism. Nichols' conviction underscored the gravity of conspiratorial roles in acts of terror, even when not directly carrying out the attack.

The legal proceedings surrounding the Oklahoma City bombing remain pivotal in understanding the U.S. response to domestic terrorism. Nichols’ case highlighted the critical balance between achieving justice and addressing the broader ideological threats behind such acts.

President Joe Biden signed a funding bill that prevents a government shutdown and keeps federal operations running through March 14, 2025. The legislation passed with bipartisan support in the Senate (85-11) and the House after earlier proposals faltered under pressure from President-elect Donald Trump and Elon Musk. The funding package includes over $100 billion for disaster relief and farmers, according to the White House.

Preparations for a potential shutdown had begun, with federal workers warned of possible furloughs, though critical services like law enforcement and air traffic control would have continued without pay. The funding negotiations highlighted Trump’s influence over the Republican Party, as his opposition derailed an earlier bipartisan agreement brokered by House Speaker Mike Johnson. A Trump-backed proposal to waive or raise the debt ceiling also failed due to opposition from conservative Republicans.

Musk’s endorsement of the final deal gave Johnson a much-needed boost, though the speaker faces ongoing challenges, including a potential leadership fight when the House reconvenes in January.

US Congress Sends Spending Deal to Biden on Brink of Deadline

Rudy Giuliani urged a federal court to dismiss attempts by Georgia poll workers Ruby Freeman and Wandrea’ Moss to impose sanctions or hold him in contempt for allegedly obstructing trial preparations. The workers, who won a $148 million defamation judgment against Giuliani, claim he has ignored court orders to produce financial documents, risking further legal consequences. Giuliani denied deliberately withholding information, stating in a declaration that any missing documents were not intentionally concealed.

The upcoming January 16 trial will determine whether Giuliani’s Palm Beach condo and other assets, including three World Series rings, can be seized to satisfy the judgment. Giuliani, who filed for bankruptcy in 2023 after the defamation ruling, lost significant assets, including his Manhattan apartment and a Mercedes-Benz, due to his ongoing financial troubles.

Giuliani’s attorney argued that the litigation is politically motivated and vowed to defend him against what they describe as efforts to ruin his reputation. The poll workers, represented by multiple prominent law firms, have not commented publicly on Giuliani's recent filing.

Rudy Giuliani Pushes Back on Poll Workers' Call for Sanctions

Google proposed adjustments to its agreements with Apple and other partners to reduce its dominance in online search, following a U.S. court ruling that it holds an illegal monopoly. The company suggested making its search engine agreements non-exclusive and unbundling its Play Store from Chrome and search for Android devices. Google also offered to allow browser developers to reconsider default search engine settings annually, but it did not agree to end revenue-sharing deals with partners, which remain a key source of funding for companies like Mozilla and Apple.

The U.S. government seeks more sweeping remedies, such as stopping Google from paying to be the default search engine and requiring the company to license its search technology to competitors. Prosecutors argue that Google’s dominance stifles innovation and competition, particularly as search technologies evolve with artificial intelligence.

Google plans to appeal the ruling but emphasized caution in imposing remedies that could harm innovation. The government aims to show the need for broader measures at a trial scheduled for April 2025, where it will call witnesses from OpenAI, Microsoft, and others to support its case.

Google offers to loosen search deals in US antitrust case remedy | Reuters

A federal judge has temporarily blocked Illinois' law prohibiting swipe fees on retail taxes and tips from applying to national banks, though the restriction remains in effect for payment card networks like Visa and Mastercard. The Illinois Interchange Fee Prohibition Act was challenged by the American Bankers Association and other banking groups, who argued that federal law preempts state regulations for national banks.

US District Judge Virginia M. Kendall agreed, issuing a preliminary injunction to exempt national banks while the case proceeds. The ruling reflects ongoing legal tensions between state financial regulations and federal preemption for nationally chartered banks. For now, payment card networks remain subject to the Illinois law's restrictions.

Banks Get Temporary Pause on Illinois Swipe Fee Restrictions (3)

Luigi Mangione, charged with killing UnitedHealth CEO Brian Thompson in Manhattan, faces both state terrorism and murder charges, marking a significant legal strategy. Prosecutors allege that Mangione’s actions, including the brazen December 4 shooting, were intended to intimidate and coerce the public and influence policy, thus justifying the terrorism charge. If convicted on state charges, Mangione could face life in prison without parole.

The decision to classify the killing as an act of terrorism, rather than solely as murder, underscores its broader societal implications. It reflects the legal view that the crime was aimed at instilling fear or advancing an agenda against the healthcare industry. Authorities cited evidence, including a notebook found at Mangione’s arrest, with entries expressing hostility toward wealthy executives and the insurance sector, and outlining plans to target Thompson.

Mangione also faces federal charges for stalking and killing Thompson, which could result in the death penalty if pursued by prosecutors. The parallel state and federal cases involve different legal theories, with state prosecutors focusing on societal intimidation and federal authorities emphasizing the personal targeting of Thompson.

Charging Mangione with terrorism amplifies the gravity of the crime and sets a precedent for how similar cases tied to ideological motives may be prosecuted in the future.

Suspect in UnitedHealth CEO's killing faces terrorism charges in New York | Reuters

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