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Judge allows sex-trafficking claim in suit against Weinstein

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Judge allows sex-trafficking claim in suit against Weinstein
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Judge allows sex-trafficking claim in suit against Weinstein

2019-04-19 06:19 Last Updated At:06:30

A lawsuit seeking to represent any woman with a claim against Harvey Weinstein can proceed on sex-trafficking grounds, a judge ruled Thursday, as he dramatically shrank the scope of an action trying to treat the disgraced movie producer and various companies like a mob organization.

U.S. District Judge Alvin K. Hellerstein eliminated 17 claims against the once powerful movie mogul who has been accused by women in several lawsuits of seeking to trade his influence in Hollywood for sexual favors. Weinstein also faces trial in state court on criminal sexual assault charges.

The judge also reduced the number of named plaintiffs from 10 to four and dismissed all other defendants. The women had alleged they were attacked from 1993 to 2011. Weinstein has denied engaging in any nonconsensual sex.

Elior Shiloh, an attorney for Weinstein, said in a statement that his lawyers agree with Hellerstein's dismissal of most of the claims and will "explore all options" to get the final claim thrown out too.

Attorney Elizabeth Fegan, representing the women, said the judge ruled correctly that Weinstein should face the sex-trafficking allegation "that he used his power to deceive and manipulate women, knowing he intended to sexually abuse them."

"We are disappointed that certain claims were dismissed and plan to file an appeal," she said.

The lawsuit first filed in late 2017 had sought to represent "dozens, if not hundreds" of women who say they were isolated and attacked by Weinstein. Unspecified damages were sought.

The lawsuit had also named companies and employees as defendants, saying they functioned together like an organized crime group to facilitate Weinstein's meetings with young women.

Hellerstein said he was dismissing all defendants except Weinstein because the lawsuit had insufficiently shown that they assisted, supported or facilitated sex trafficking.

Other claims were dismissed because the alleged assaults occurred too long ago and lawyers had not adequately explained why they were not brought within a time period set by law.

Lawyers for the women said the delay resulted because defendants made hush payments to victims, told victims to stay quiet, sent threatening text messages, forwarded victim complaints to Weinstein and retained lawyers to blacklist victims and intimidate journalists.

"These actions, although reprehensible, did not use fraud, misrepresentation, or deception to prevent plaintiffs from filing suit," Hellerstein said.

Weinstein was ousted from the movie company he founded after a barrage of sexual harassment and assault allegations started becoming public in October 2017.

Weinstein's lawyers argued it wasn't fair to let aspiring actresses equate Hollywood's casting couch with a brothel.

But Hellerstein wrote that the sex-trafficking law is appropriate if victims are enticed into sexual acts with false promises of career advancement.

WASHINGTON (AP) — A soon-to-be-released Biden administration review of Israel's use of U.S.-provided weapons in its war in Gaza does not conclude that Israel has violated the terms for their use, according to three people who have been briefed on the matter.

The report is expected to be sharply critical of Israel, even though it doesn't conclude that Israel violated terms of U.S.-Israel weapons agreements, according to one U.S. official.

The administration's findings on its close ally's conduct of the war, a first-of-its-kind assessment that was compelled by President Joe Biden's fellow Democrats in Congress, comes after seven months of airstrikes, ground fighting and aid restrictions that have claimed the lives of nearly 35,000 Palestinians, mostly women and children.

Biden has tried to walk an ever-finer line in his support of Prime Minister Benjamin Netanyahu’s war against Hamas. He has faced growing rancor at home and abroad over the soaring Palestinian death toll and the onset of famine, caused in large part by Israeli restrictions on the movement of food and aid into Gaza. Tensions have been heightened further in recent weeks by Netanyahu’s pledge to expand the Israeli military’s offensive in the crowded southern city of Rafah, despite Biden's adamant opposition.

Biden is in the closing months of a tough reelection campaign against Donald Trump. He faces demands from many Democrats that he cut the flow of offensive weapons to Israel and denunciation from Republicans who accuse him of wavering on support for Israel at its time of need.

Two U.S. officials and a third person briefed on the findings of the national security memorandum to be submitted by Secretary of State Antony Blinken to Congress discussed the findings before the report's release. They spoke on condition of anonymity because the information was not yet public.

A senior Biden administration official said the memorandum is expected to be released later Friday, but declined to comment on its conclusions.

Axios first reported on the memorandum's findings.

The Democratic administration took one of the first steps toward conditioning military aid to Israel in recent days when it paused a shipment of 3,500 bombs out of concern over Israel’s threatened offensive on Rafah, a southern city crowded with more than a million Palestinians, a senior administration official said.

The presidential directive, agreed to in February, obligated the Defense and State departments to conduct “an assessment of any credible reports or allegations that such defense articles and, as appropriate, defense services, have been used in a manner not consistent with international law, including international humanitarian law.”

The agreement also obligated them to tell Congress whether they deemed that Israel has acted to “arbitrarily to deny, restrict, or otherwise impede, directly or indirectly,” delivery of any U.S.-supported humanitarian aid into Gaza for starving civilians there.

Lawmakers and others who advocated for the review said Biden and previous American leaders have followed a double standard when enforcing U.S. laws governing how foreign militaries use U.S. support, an accusation the Biden administration denies. They had urged the administration to make a straightforward legal determination of whether there was credible evidence that specific Israeli airstrikes on schools, crowded neighborhoods, medical workers, aid convoys and other targets, and restrictions on aid shipments into Gaza, violated the laws of war and human rights.

Their opponents argued that a U.S. finding against Israel would weaken it at a time it is battling Hamas and other Iran-backed groups. Any sharply critical findings on Israel are sure to add to pressure on Biden to curb the flow of weapons and money to Israel’s military and further heighten tensions with Netanyahu’s hard-right government over its conduct of the war against Hamas.

Any finding against Israel also could endanger Biden’s support in this year's presidential elections from some voters who keenly support Israel.

At the time the White House agreed to the review, it was working to head off moves from Democratic lawmakers and independent Sen. Bernie Sanders of Vermont to start restricting shipments of weapons to Israel.

Israel launched its offensive after an Oct. 7 assault into Israel, led by Hamas, killed about 1,200 people. Two-thirds of the Palestinians killed since then have been women and children, according to local health officials. U.S. and U.N. officials say Israeli restrictions on food shipments since Oct. 7 have brought on full-fledged famine in northern Gaza.

Human rights groups long have accused Israeli security forces of committing abuses against Palestinians and have accused Israeli leaders of failing to hold those responsible to account. In January, in a case brought by South Africa, the top U.N. court ordered Israel to do all it could to prevent death, destruction and any acts of genocide in Gaza, but the panel stopped short of ordering an end to the military offensive.

Israel says it is following all U.S. and international law, that it investigates allegations of abuse by its security forces and that its campaign in Gaza is proportional to the existential threat it says is posed by Hamas.

Biden in December said “indiscriminate bombing” was costing Israel international backing. After Israeli forces targeted and killed seven aid workers from the World Central Kitchen in April, the Biden administration for the first time signaled it might cut military aid to Israel if it didn’t change its handling of the war and humanitarian aid.

Presidents Ronald Reagan and George H.W. Bush, in the 1980s and early 1990s, were the last presidents to openly hold back weapons or military financing to try to push Israel to change its actions in the region or toward Palestinians.

A report to the Biden administration by an unofficial, self-formed panel including military experts, academics and former State Department officials detailed Israeli strikes on aid convoys, journalists, hospitals, schools and refugee centers and other sites. They argued that the civilian death toll in those strikes — such as an Oct. 31 strike on an apartment building reported to have killed 106 civilians — was disproportionate to the blow against any military target.

Palestinians mourn their relatives killed in the Israeli bombardment of the Gaza Strip, at a hospital in Rafah, Gaza, Friday, May 10, 2024. (AP Photo/Ismael Abu Dayyah)

Palestinians mourn their relatives killed in the Israeli bombardment of the Gaza Strip, at a hospital in Rafah, Gaza, Friday, May 10, 2024. (AP Photo/Ismael Abu Dayyah)

U.S. President Joe Biden boards Marine One at Moffett Airfield in Mountain View, Calif., Thursday, May 9, 2024. (Jose Carlos Fajardo/Pool Photo via AP)

U.S. President Joe Biden boards Marine One at Moffett Airfield in Mountain View, Calif., Thursday, May 9, 2024. (Jose Carlos Fajardo/Pool Photo via AP)

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