Spain rejects extraditing HSBC whistleblower to Switzerland

A Spanish court on Tuesday rejected a request to extradite a former HSBC employee to serve a five-year prison sentence in Switzerland, where he was convicted for leaking a massive trove of bank data that led to tax evasion probes worldwide. The ruling was the second time Spain's National Court refused to extradite Herve Falciani, a French-Italian computer expert who in 2008 disclosed tens of thousands of records of HSBC customers who allegedly used the bank's Swiss branch to avoid taxes. He was convicted in absentia of breaching financial secrecy laws in Switzerland in 2015. A panel of three National Court judges ruled Tuesday that Falciani had already been cleared from extradition in 2013, when the same court ruled that "aggravated economic espionage" is not a crime in Spain. The judges also say that Falciani didn't reveal any secrets because he only shared them with authorities who initiated investigations in dozens of countries, including in Spain. Falciani, 46, was first arrested in Spain in 2012. He spent 170 days in prison before he was released. He was arrested again in Madrid in April, in a renewed effort by Swiss authorities to make him serve his prison time. Falciani said he believed Spain's previous conservative administration arrested him in order to use him as "a bargaining chip" in requests to extradite pro-independence Catalan politicians in Switzerland. In an interview with The Associated Press last week, he said the only explanation of why he was arrested again this year after a lull in his case was political.

Belgian court rules out extradition for Spanish rapper

A Belgian court on Monday ruled that Spanish rapper Valtonyc should not be sent back to Spain, where he was sentenced to prison accused of writing lyrics that praise terror groups and insult the royal family. The rapper, whose real name is Jose Miguel Arenas Beltran, was supposed to turn himself in voluntarily in May to authorities in Spain, where he faces prison sentences totaling three and a half years, but instead fled to Belgium. "The judge has decided there will be no extradition and discarded all three charges," his lawyer, Simon Bekaert, told reporters near the court in the city of Ghent. Bekaert said the judge ruled "there is no terrorism involved, there is no incitement of terrorism, so there is no question of a crime according to Belgian law." He said the judge also found that there is no crime to answer to over insulting the Spanish king and that no threat was made that could warrant extradition. "I feel good, I am happy. But I am sad for the people in Spain, who unlucky, they don't have justice like me here," Arenas told reporters, in English." The ruling could re-ignite tensions between Belgium and Spain over extradition demands. Late last year, Spain dropped a European arrest warrant against former Catalan leader Carles Puigdemont after it became clear that Belgian justice authorities were unlikely to recognize some of the Spanish charges against him.

Senate begins final day of Supreme Court nominee hearings

Senators began the fourth and final day of hearings for Supreme Court nominee Brett Kavanaugh on Friday, but with the nominee finished answering questions the day they seemed unlikely to alter his path to confirmation. Senate Democrats worked into the night Thursday in a last, ferocious attempt to paint Kavanaugh as a foe of abortion rights and a likely defender of President Donald Trump. But after two marathon days in the witness chair in a Senate hearing room, Kavanaugh appeared on his way to becoming the court's 114th justice. The 53-year-old appellate judge stuck to a well-rehearsed script throughout his testimony, providing only glimpses of his judicial stances while avoiding any serious mistakes that might jeopardize his confirmation. In what almost seemed like a celebration Thursday, Kavanaugh's two daughters returned to the Senate Judiciary Committee hearing room for the final hours of testimony, accompanied by teammates on Catholic school basketball teams their father has coached. On the schedule Friday are more than two dozen witnesses on both sides of the nomination fight. Democratic witnesses include John Dean, Richard Nixon's White House counsel who cooperated with prosecutors during the Watergate investigation, and Rochelle Garza, the legal guardian for a pregnant immigrant teenager whose quest for an abortion Kavanaugh would have delayed last year. On the Republican side, former solicitors general Theodore Olson and Paul Clement will testify in support of the nominee, along with former students, law clerks and the mother of a basketball player Kavanaugh coached.

Court boosts rights of students accused of sexual misconduct

Students accused of sexual misconduct at public universities have the right to cross-examine accusers at disciplinary hearings, a federal appeals court said Friday in a sweeping decision that will extend to public schools in four states. The University of Michigan violated the rights of a male student by refusing to allow him or a representative to question witnesses in an alleged incident of sexual misconduct at a "Risky Business"-themed fraternity party, the court said. A university investigator found insufficient evidence that a student had committed misconduct. But that conclusion was overturned by a campus appeals panel after two closed sessions. The student, identified in court papers as John Doe, agreed to leave the school in 2016 instead of face expulsion, just 13.5 credits shy of getting a bachelor's degree in business. His attorney said he was made a "scapegoat" by the university to show that it was aggressively responding to complaints. "If a public university has to choose between competing narratives to resolve a case, the university must give the accused student or his agent an opportunity to cross-examine the accuser and adverse witnesses in the presence of a neutral fact-finder," said Judge Amul Thapar, writing for a three-judge panel at the 6th U.S. Circuit Court of Appeals. The court overturned a decision by U.S. District Judge David Lawson. The ruling is binding in Michigan, Ohio, Tennessee and Kentucky, the four states covered by the 6th Circuit. "Providing Doe a hearing with the opportunity for cross-examination would have cost the university very little," Thapar wrote. "As it turns out, the university already provides for a hearing with cross-examination in all misconduct cases other than those involving sexual assault." University spokesman Rick Fitzgerald said the decision was being reviewed. "This is a very huge victory for the constitutional rights of students," Doe's attorney, Deborah Gordon, said. "Sexual-misconduct proceedings have to be a search for the truth. The University of Michigan, by hiding the ball from both sides, has really done a huge disservice to the entire issue of sexual misconduct on campus. The stakes are so high." It's unclear what will happen next. But Gordon said her client, who had a 3.94 grade-point average, wants his college degree.