A California housing dispute case, *Mendones v. Cushman & Wakefield, Inc.*, brought to light the first known instance of a deepfake video being submitted as evidence in court. Judge Victoria Kolakowski dismissed the case after detecting the AI-generated video, raising concerns among judges about the threat of hyperrealistic fake evidence. Legal experts and judges are warning that advancements in generative AI could erode trust in courtrooms. With various solutions being considered, the future of evidence is uncertain.
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During a recent Fox News interview, President Trump hinted at invoking the Insurrection Act, claiming it would grant him “unquestioned power,” and suggesting it could suspend court cases, a claim disputed by legal experts. He previously deployed National Guard troops in other cities, facing judicial blocks in Chicago and Portland. Now, he is considering sending troops to San Francisco, potentially using the Insurrection Act to overcome any further legal obstacles. Critics point out that the Insurrection Act does not suspend the Constitution or court proceedings, and some view Trump’s statements as a power grab.
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Recent court rulings signal a growing resistance to the Trump administration’s actions. Judges are pushing back against the federalization of the National Guard, with one judge stating that the president cannot punish those with opposing views. Furthermore, another judge issued a temporary restraining order to prevent ICE agents from violating First Amendment rights, including ordering agents to wear visible identification. However, not all courts are in agreement, as a panel of judges, including Trump appointees, have shown a willingness to give the president unchecked discretion in deploying the National Guard. These legal battles highlight the critical constitutional questions at stake, specifically the balance of power and the protection of civil liberties.
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A federal judge ruled the Trump administration cannot deny funding to numerous cities and counties due to their policies limiting cooperation with federal immigration efforts. The ruling extends a preliminary injunction preventing the administration from withholding federal funds from “sanctuary” jurisdictions, deeming the administration’s actions an unconstitutional “coercive threat.” The judge also blocked the administration from imposing immigration-related conditions on specific grant programs. The ruling comes after the administration issued executive orders targeting these jurisdictions as part of its efforts to remove individuals in the country illegally and had published a list of “sanctuary jurisdictions”.
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In a Chandler, Arizona courtroom, artificial intelligence was used to create a posthumous impact statement for murder victim Christopher Pelkey, a first in Arizona judicial history. Pelkey’s family employed AI to recreate his image and voice, allowing him to address his killer, Gabriel Paul Horcasitas, and express forgiveness. The moving video, incorporating real footage and reflecting Pelkey’s personality, influenced the judge’s decision to impose the maximum sentence on Horcasitas. The successful use of AI in this case has prompted the Arizona court to form a committee to explore both the potential benefits and risks of its future applications in the justice system.
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John Q. Hosedrinker