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•  Law Reviews - Legal News


Former South Korean President Yoon Suk Yeol was found guilty of leading an insurrection on Thursday and sentenced to life in prison for his brief imposition of martial law in 2024, a ruling that marks a dramatic culmination of the country's biggest political crisis in decades.

The conservative leader was ousted from office after he declared martial law and sent troops to surround the National Assembly on Dec. 3, 2024, in a baffling attempt to overcome a legislature controlled by his liberal opponents.

Judge Jee Kui-youn of the Seoul Central District Court said he found Yoon, 65, guilty of rebellion for mobilizing military and police forces in an illegal attempt to seize the Assembly, arrest political opponents and establish unchecked power for an indefinite period.

Yoon's martial law imposition, the first of its kind in more than four decades, recalled South Korea's past military-backed governments when authorities occasionally proclaimed emergency decrees that allowed them to station soldiers, tanks and armored vehicles on streets or in public places such as schools to prevent anti-government demonstrations.

As lawmakers rushed to the National Assembly, Yoon's martial law command issued a proclamation declaring sweeping powers, including suspending political activities, controlling the media and publications, and allowing arrests without warrants.

The decree lasted about six hours before being lifted after a quorum of lawmakers managed to break through a military blockade and unanimously voted to lift the measure.

Yoon was suspended from office on Dec. 14, 2024, after being impeached by lawmakers and was formally removed by the Constitutional Court in April 2025. He has been under arrest since last July while facing multiple criminal trials, with the rebellion charge carrying the most severe punishment.

An expressionless Yoon gazed straight ahead as the judge delivered the sentence in the same courtroom where former military rulers and presidents have been convicted of treason, corruption and other crimes over the decades.

Yoon Kap-keun, one of the former president's lawyers, accused the judge of issuing a predetermined verdict based solely on prosecutors' arguments and said the rule of law had collapsed. He said he would discuss whether to appeal with his client and the rest of the legal team.

Former President Yoon claimed in court that the martial law decree was only meant to raise public awareness of how the liberals were paralyzing state affairs, and that he was prepared to respect lawmakers if they voted against the measure.

Prosecutors said it was clear Yoon was attempting to disable the legislature and prevent lawmakers from lifting the measure through voting, actions that exceeded his constitutional authority even under martial law.

The court also convicted and sentenced five former military and police officials involved in enforcing Yoon's martial law decree. They included ex-Defense Minister Kim Yong Hyun, who received a 30-year jail term for his central role in planning the measure, mobilizing the military and instructing military counterintelligence officials to arrest 14 key politicians, including National Assembly speaker Woo Won-shik and current liberal President Lee Jae Myung.

In announcing Yoon and Kim's verdicts, Jee said the decision to send troops to the National Assembly was key to his determination that the imposition of martial law amounted to rebellion.

As Yoon arrived in court, hundreds of police officers watched closely as Yoon supporters rallied outside a judicial complex, their cries rising as the prison bus transporting him drove past. Yoon's critics gathered nearby, demanding the death penalty.

There were no immediate reports of major clashes following the verdict.

A special prosecutor had demanded the death penalty for Yoon Suk Yeol, saying his actions posed a threat to the country's democracy and deserved the most serious punishment available, but most analysts had expected a life sentence since the poorly-planned power grab did not result in casualties.

South Korea has not executed a death row inmate since 1997, in what is widely seen as a de facto moratorium on capital punishment amid calls for its abolition.

Jung Chung-rae, leader of the liberal Democratic Party, which led the push to impeach and remove Yoon, expressed regret that the court stopped short of the death penalty, saying the ruling reflected a lack of a sense of justice.

Song Eon-seok, floor leader of the conservative People Power Party, to which Yoon once belonged, issued a public apology, saying the party feels a deep sense of responsibility for the disruption to the nation.

The office of current President Lee Jae Myung did not immediately comment on the ruling.

Last month, Yoon was sentenced to five years in prison for resisting arrest, fabricating the martial law proclamation and sidestepping a legally mandated full Cabinet meeting before declaring the measure.

The Seoul Central Court had previously convicted two other members of Yoon's Cabinet in connection with the martial law debacle. That includes Prime Minister Han Duck-soo, who received a 23-year prison sentence for attempting to legitimize the decree by forcing it through a Cabinet Council meeting, falsifying records and lying under oath. Han has appealed the verdict.

Yoon is the first former South Korean president to receive a life sentence since former military dictator Chun Doo-hwan, who was sentenced to death in 1996 for his 1979 coup, a bloody 1980 crackdown on pro-democracy protesters in Gwangju that left more than 200 people dead or missing, and corruption.

The Supreme Court later reduced his sentence to life imprisonment, and he was released in late 1997 under a special presidential pardon. He died in 2021.




FBI agents searched a Washington Post reporter’s home on Wednesday as part of a leak investigation into a Pentagon contractor accused of taking home classified information, the Justice Department said.

Hannah Natanson, who has been covering President Donald Trump’s transformation of the federal government, had a phone, two laptops and a Garmin watch seized in the search of her Virginia home, the Post reported. Natanson has reported extensively on the federal workforce and recently published a piece describing how she gained hundreds of new sources — leading one colleague to call her “the federal government whisperer.”

While classified documents investigations aren’t unusual, the search of a reporter’s home marks an escalation in the government’s efforts to crack down on leaks. The Post was told that Natanson and the newspaper are not targets of the probe, executive editor Matt Murray said in an email to colleagues.

“Nonetheless, this extraordinary, aggressive action is deeply concerning and raises profound questions and concern around the constitutional protections for our work,” Murray wrote. “The Washington Post has a long history of zealous support for robust press freedoms. The entire institution stands by those freedoms and our work.”

Attorney General Pam Bondi said that the search was done at the request of the Defense Department and that the journalist was “obtaining and reporting classified and illegally leaked information from a Pentagon contractor.”

“Leaking classified information puts America’s national security and the safety of our military heroes in serious jeopardy,” White House press secretary Karoline Leavitt said in a post on X. “President Trump has zero tolerance for it and will continue to aggressively crack down on these illegal acts moving forward.”

The warrant says the search was related to an investigation into a system engineer and information technology specialist for a government contractor in Maryland who authorities allege took home classified materials, the Post reported. The worker, Aurelio Perez-Lugones, was charged earlier this month with unlawful retention of national defense information, according to court papers. He has not been charged with sharing classified information, and he has not been accused in court papers with leaking.

Perez-Lugones, who held a top secret security clearance, is accused of printing classified and sensitive reports at work. In a search of his Maryland home and car this month, authorities found documents marked “SECRET,” including one in a lunchbox, according to court papers.

An FBI spokesperson declined to comment on Wednesday. The Washington Post said Wednesday that it was monitoring and reviewing the situation. An email seeking comment was sent to lawyers for Perez-Lugones, who is expected to appear in court on Thursday for a detention hearing.

First Amendment groups expressed alarm at the search, saying it could chill investigative journalism that holds government officials to account.

“Physical searches of reporters’ devices, homes, and belongings are some of the most invasive investigative steps law enforcement can take,” Reporters Committee for Freedom of the Press president Bruce Brown said. “While we won’t know the government’s arguments about overcoming these very steep hurdles until the affidavit is made public, this is a tremendous escalation in the administration’s intrusions into the independence of the press.”

The Justice Department over the years has developed, and revised, internal policies governing how it will respond to news media leaks.

In April, Bondi rescinded a policy from President Joe Biden’s Democratic administration that protected journalists from having their phone records secretly seized during leak investigations — a practice long decried by news organizations and press freedom groups.

The moves again gave prosecutors the authority to use subpoenas, court orders and search warrants to hunt for government officials who make “unauthorized disclosures” to journalists. A memo she issued said members of the press are “presumptively entitled to advance notice of such investigative activities,” and subpoenas are to be “narrowly drawn.” Warrants must also include “protocols designed to limit the scope of intrusion into potentially protected materials or newsgathering activities,” the memo states.

The aggressive posture with regard to The Washington Post stands in contrast to the Justice Department’s approach to the disclosure of sensitive military information via a Signal chat last spring involving senior Trump administration officials. A reporter was mistakenly added to that chat. Bondi indicated publicly at the time that she was disinclined to open an investigation, saying she was confident that the episode had been a mistake.



Montana’s Supreme Court on Wednesday upheld a landmark climate ruling that said the state was violating residents’ constitutional right to a clean environment by permitting oil, gas and coal projects without regard for global warming.

The justices, in a 6-1 ruling, rejected the state’s argument that greenhouse gases released from Montana fossil fuel projects are minuscule on a global scale and reducing them would have no effect on climate change, likening it to asking: “If everyone else jumped off a bridge, would you do it too?”

The plaintiffs can enforce their environmental rights “without requiring everyone else to stop jumping off bridges or adding fuel to the fire,” Chief Justice Mike McGrath wrote for the majority. “Otherwise the right to a clean and healthful environment is meaningless.”

Only a few other states, including Hawaii, Illinois, Pennsylvania, Massachusetts and New York, have similar environmental protections enshrined in their constitutions.  The lawsuit filed in 2020 by 16 Montanans —who are now ages 7 to 23 — was considered a breakthrough in attempts by young environmentalists and their attorneys to use the courts to leverage action on climate change.

“This ruling is a victory not just for us, but for every young person whose future is threatened by climate change,” lead plaintiff Rikki Held said in a statement Wednesday.

During the 2023 trial in state District Court, the young plaintiffs described how climate change profoundly affects their lives: worsening wildfires foul the air they breathe, while drought and decreased snowpack deplete rivers that sustain farming, fish, wildlife and recreation and affect Native traditions.

Going forward, Montana must “carefully assess the greenhouse gas emissions and climate impacts of all future fossil fuel permits,” said Melissa Hornbein, an attorney with the Western Environmental Law Center and attorney for the plaintiffs.

Republican Gov. Greg Gianforte said the state was still reviewing the decision, but warned of “perpetual lawsuits that will waste taxpayer dollars and drive up energy bills for hardworking Montanans.”

“This decision does nothing more than declare open season on Montana’s all-of-the-above approach to energy,” he said, which promotes using both fossil fuels and renewables.

A day earlier, Gianforte held meetings on how the state can increase energy production, which involved energy suppliers, large energy consumers, public utility companies, transmission stakeholders and legislators.

Incoming Senate President Matt Regier and House Speaker Brandon Ler, both Republicans, joined Gianforte in alleging the justices were overstepping their authority and had strayed into making policy.

“Judicial reform was already a top priority for Republican lawmakers,” Regier and Ler said, warning the justices to “buckle up.”

Montana courts have blocked or overturned numerous laws passed by Republicans in the 2021 and 2023 legislative sessions as being unconstitutional, including laws to limit access to abortion.

In seeking to overturn the District Court ruling, the state had argued the plaintiffs should be required to challenge individual fossil fuel development permits as they’re issued — which would have involved trying to challenge even smaller amounts of emissions.

Carbon dioxide, which is released when fossil fuels are burned, traps heat in the atmosphere and is largely responsible for the warming of the climate. June brought record warm global temperatures for the 13th straight month, according to European climate service Copernicus. The streak ended in July.

Montana’s Constitution requires agencies to “maintain and improve” a clean environment. A law signed by Gianforte last year said environmental reviews may not consider climate impacts unless the federal government makes carbon dioxide a regulated pollutant. The Montana Supreme Court’s ruling found that law to be unconstitutional.



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