Brazil's top court rules against da Silva on prison

Agencies
April 5, 2018

Rio De Janeiro, Apr 5: A sharply divided top court voted early Thursday to reject an attempt by former Brazilian President Luiz Inacio da Silva to stay out of jail while he appeals a corruption conviction, delivering a hard blow to the front-running candidate in this year's presidential election in Latin America's largest nation.

After nearly 11 hours of often heated debate, the Supreme Federal Tribunal voted 6-5 to deny da Silva's request to stave off a 12-year prison sentence while he fights a conviction that he has always argued was nothing more than a ploy to keep him off of the October ballot.

Despite the conviction and several other corruption charges against him, da Silva leads all preference polls for the election.

The decision means that da Silva will likely be jailed soon, though probably not until at least next week thanks to various technicalities.

Chief Justice Carmen Lucia, who was sharply criticized during the session by various colleagues, cast the deciding vote after the court was tied at 5 to 5.

"The constitution secures individual rights, which are fundamental to democracy, but it also assures the exercise of criminal law," she said.

The debate at the Supreme Federal Tribunal underscored how fraught the matter is at a time of high tension and angst in Brazil.

Justice Gilmar Mendes, traditionally a critic of da Silva, voted in favor of da Silva's petition to stay out of jail, challenging his colleagues to buck pressure from society.

"If a court bows (to pressure), it might as well not exist," said Mendes.

Justice Luis Roberto Barroso argued that the integrity of the justice system was at stake.

"A penal system that doesn't work with minimal effectiveness leads to an instinct for taking justice into one's own hands," Barroso said in voting against da Silva.

Justice Rosa Weber, who legal analysts had said could be key because there was much doubt about her position on the matter, voted against da Silva.

In one of several brisk exchanges, after Weber's vote, justice Marco Aurelio Mello accused Lucia of plotting against da Silva's case. Mello said limiting the vote just to the habeas corpus petition and not the larger question of when a convicted person should be forced to begin serving a sentence helped sway Weber's vote.

"I want this to be registered in the court's records," Mello told Lucia, who responded by saying "yes" to the request.

The session reflected the debate happening across Brazil as millions tuned into the televised session. When the decision was delivered, fireworks and yells could be heard and seen in Rio de Janeiro and Sao Paulo, two of the nation's most important cities.

On the eve of the session that began Wednesday afternoon, the country's army commander raised eyebrows and was widely celebrated and condemned online with tweets subtly supporting da Silva's incarceration.

Gen. Eduardo Villas Boas posted two tweets Tuesday night that many interpreted as a form of pressure on the 11 justices on the Supreme Federal Tribunal and a veiled threat of intervention. Such concerns are taken seriously in a country that experienced a 1964-1985 military dictatorship.

"In Brazil's current situation, it's worth asking our institutions and the people who is really thinking about what is best for the country and future generations, and who is only worried about their personal interests?" the general wrote in one tweet.

In a second tweet, Boas wrote that he shared people's anxiousness and "repudiated impunity."

O Globo, one of the country's leading newspapers, criticized the comments, saying in an editorial that a military chief should "not be opining over judicial and political questions."

In a statement to O Globo, Gen. Joaquim Silva e Luna, the defense minister, said Boas' intention was to assure people that force would not be used.

Da Silva, who was once wildly popular after his two terms as president from 2003 to 2010, has become a polarizing figure amid a massive corruption scandal that has roiled Brazil the last several years and made average citizens furious with the political class.

Da Silva was convicted last year of helping a construction company get sweetheart contracts in exchange for the promise of a beachfront apartment. The conviction was handed down by Judge Sergio Moro, who is presiding over cases involving the mammoth "Car Wash" investigation.

The former president suffered another blow in January, when an appeals court upheld the conviction. The three reviewing magistrates even lengthened the sentence to 12 years and one month.

While da Silva, known simply as "Lula" to Brazilians, has further appeals available, he could be forced under Brazilian law to begin serving his sentence, which Moro and the other judges have ordered.

Da Silva's lawyers argued their client has a constitutional right to stay out of jail until all appeals are exhausted.

In an unrelated case in 2016, the Supreme Federal Tribunal disagreed with that logic, ruling that a convict could start serving a sentence after a first appeal was denied.

Throughout all the legal battles, da Silva has been campaigning nationwide, criticizing detractors and promising not to give up. Last week, while campaigning in the southern state of Parana, where Moro convicted him, two buses in his caravan where hit with bullets. Nobody was hurt.

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News Network
May 20,2020

Washington, May 20: Once dubbed as historic by him, US President Donald Trump on Tuesday said he now feels ‘differently’ about the trade deal he signed with China earlier this year.

He said this while once again venting out his frustration with the Beijing leadership, accusing it of letting coronavirus spread.

Till Tuesday, over 92,000 Americans have died and 1.5 million tested positive for coronavirus that has globally killed around 320,000 people.

The US and China had signed a deal in January to end their 22-month-long trade war during which the two countries slapped tit-for-tat tariff hikes on products worth nearly half a trillion USD.

Under it, Beijing agreed to increase its purchase of US goods by USD 200 billion in 2020-2021.

“I feel differently now about that deal than I did three months ago,” Trump told reporters during a Cabinet meeting at the White House.

“We will see what all happens, but it's been a very disappointing situation. A very disappointing thing happened with China because the plague flowed in and that wasn't supposed to happen and it could have been stopped," he said.

Trump said he was very excited when the trade deal with China was signed.

“But once the virus came in, once the plague, as I called it, came in, I said how did they let that happen? And how come it didn't go into other sections of China? Why did they block it from leaving Wuhan? But they didn't block it from going to the rest of the world, including the United States. Why is that? Beijing doesn't have it. Other places don't have it,” he said.

Trump did not respond to questions on retaliation against China.

Meanwhile, top American senators continued to press the administration that rules of engagement with China needs to change post-coronavirus.

“As we know, they unleashed this virus on America and the world with their classic communist cover-up, deception, continued propaganda campaign, costing now over 90,000 American lives, 35 million Americans losing their jobs so far,” Senator Martha McSally said during a Congressional hearing.

“We don’t know who patient zero is, they destroyed samples, they silenced doctors, they kicked out journalists, they impacted international travel to seed this and their reckless behaviour continues to be the root of all this,” she said.

As a result of coronavirus, the American economy has been thrown into recession; more than 36 million people have lost their job – the worst ever after last century’s great depression.

Many of the US states have now started opening up, after taking necessary precautions.

By conservative estimates, it will take several quarters for the economy to be back on track.

Trump in the last a few weeks has exuded confidence that the economy will be back on track next year.

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News Network
May 1,2020

Washington, May 1: The United States on Thursday recorded 29,625 new coronavirus cases, and 2,035 deaths in the last 24 hours, according to Johns Hopkins University.

The total number of coronavirus cases has reached 1,069,534 and the death toll stands at 63,001, CNN reported.

The novel coronavirus has infected more than 3.2 million people and killed at least 233,000 globally, according to Johns Hopkins University.

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News Network
May 1,2020

Washington, May 1:The novel coronavirus, that has killed over 230,000 people globally so far and has shattered economies, emerged from a virology lab in the Wuhan city of China, US President Donald Trump claimed Thursday with a high degree of confidence.

"Yes, I have. Yes, I have," Trump told reporters at the East Room of the White House when asked if he has seen anything at this point that gives him a high degree of confidence that the Wuhan Institute of Virology is where the virus originated.

The president, however, refuse to provide any details, except for saying that investigations are on and it would be out soon.

Asked what gave him a high degree of confidence that the virus originated from the Wuhan Institute of Virology, he said, "I can't tell you that. I'm not allowed to tell you that."

The president, however, did not hold his Chinese counterpart Xi Jinping responsible for this. "I don't want to say that, I don't want to say that, but certainly it could have been stopped. It came out of China and it could have been stopped and I wish they had stopped it and so does the whole world wish they had stopped it."

Reiterating that this is something that could have been contained at Wuhan ground zero, he said that China could have contained it. "They were either unable to, or they chose not to. And the world has suffered greatly."

One of two things happened, he reasoned. "They either didn't do it and you know they couldn't do it from a competent standpoint or they let it spread and I would say probably it got out of control."

"But there's another case that how come they stopped all of the planes and all of the traffic from going into China, but they didn't stop the planes and the traffic from coming into the United States and from coming into all over Europe," he said, citing the example of Italy, the hardest-hit European country.

"This country (the US) is very lucky and I'm very lucky that I put the ban on China, as you know, very early on. In January, we put the ban on China and that was a very early day. That wasn't a late day, that was an early day. Then, we later put the ban on in Europe," he said.

Before holding them accountable, Trump said he wants to find out what happened. "I think we'll be able to get a very good -- a very powerful definition of exactly what happened. We're working on it strongly now and I think it's going to be very powerful," he said.

"But they could have stopped it. They are a very brilliant nation, scientifically and otherwise. It got loose, let's say, and they could have capped it. They could have stopped it, but they didn't. And they stopped the planes from going to China, but they didn't stop them from going to the rest of the world. What was that all about?” he asked.

"We should have the answer to that in the not-too-distant future and that will determine a lot how I feel about China," Trump said.

When asked if President Xi misled him, Trump said, "Something happened. I don't say misleading or not. I'll let you know that. I mean, I'll be able to give you that answer at some point in the hopefully not-too-distant future."

The entire world has suffered as a result of this, he said.

"We have had tremendous death and tremendous sorrow, sadness, and nobody's ever seen anything like it. So, have most of the countries of the world. They've suffered tremendously. It's something that is going to have to be dealt with. We'll have to see," said the president.

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