JURIST - Paper Chase: Tuesday, September 18, 2007

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Legal news from Tuesday, September 18, 2007

US Senate kills DC congressional voting rights bill
Dereliction of duty charges dropped against US Marine in Haditha case
France parliament debates stricter immigration measures
Congressmembers subpoenaed to testify in Cunningham contractor bribery trial
US House committee launches probe of State Department inspector general
US intelligence chief pushes Congress for more changes to surveillance law
Maoists leave Nepal government in new call for democratic republic
Children often victims of extrajudicial killings in Philippines: advocacy groups
Iranian-American journalist leaves Iran
Maryland high court narrowly affirms same-sex marriage ban
Zimbabwe parliament considers constitutional amendments
France judiciary probing 1999 assassination of Iran military official
Musharraf to resign Pakistan army chief post after successful reelection: lawyer
Federal judge dismisses California global warming lawsuit against automakers
Mexican drug lord pleads guilty in US federal court
Mukasey AG nomination gets hesitant support from Senate Democrats

Tuesday, September 18, 2007

US Senate kills DC congressional voting rights bill
Leslie Schulman at 5:47 PM ET

[JURIST] The US Senate [official website] voted Tuesday 57-42 [roll call] against proceeding with debate on the District of Columbia House Voting Rights Act [S. 1257 bill summary], killing the bill before it reached Senate consideration by falling three votes short of the 60 necessary to move forward. The bill, which easily passed [JURIST report] in the House in April, would have made the District of Columbia [official website] a congressional district with full voting rights in the House. As a compromise with Republicans, the bill would also have added a temporary at-large seat for Utah. Utah came close but fell short of obtaining a new district [CPPA backgrounder, PDF] after the 2000 census. Passage of the bill in the Senate was uncertain, however, and President George W. Bush had already threatened a veto [JURIST report], calling the bill unconstitutional.

The District of Columbia currently has a delegate in the House, Eleanor Holmes Norton [official website], who is able to vote in committee and on some amendments, but is not allowed to vote on the final passage of a bill. A February report by the Congressional Research Service flagged the potential unconstitutionality [JURIST report] of any bill granting a House vote for the District, focusing on the language in Article I, Section 2, Clause 1 of the Constitution that the House is to be comprised by the "people of the several States." The Washington Post has more.

Dereliction of duty charges dropped against US Marine in Haditha case
Mike Rosen-Molina at 5:38 PM ET

[JURIST] A US Marine Corps commanding officer ordered Tuesday that charges be dismissed [press release] against Marine Capt. Lucas McConnell for failing to report the killing of 24 Iraqi civilians at Haditha [USMC timeline; JURIST news archive]. McConnell was granted immunity from prosecution by Lt. Gen. James Mattis [official profile], commanding officer at Camp Pendleton [camp website], California, in exchange for his cooperation in prosecutions against other accused service members. McConnell originally faced dereliction of duty charges [JURIST report], although his lawyer had argued that he should not be charged because he was not present when the civilians were killed. Reuters has more.

The Haditha investigation has culminated in the largest US military prosecution involving civilian deaths during the war in Iraq. In August, preliminary Article 32 hearings began for US Marine Staff Sgt. Frank Wuterich [advocacy website], who commanded the platoon implicated in the killing and suspected cover-up. He faces several counts of unpremeditated murder, as well as charges of soliciting another to commit an offense and making a false official statement. Also in August, a hearing officer recommended [JURIST report] that murder charges be dropped against Lance Cpl. Stephen Tatum [advocacy profile] for his role in the Haditha incident. The hearing officer argued there was insufficient evidence to support bringing Tatum to court-martial on charges of unpremeditated murder, negligent homicide and assault [USMC charge list]. An official report on the Haditha incident by US Army Major General Eldon Bargewell found "serious misconduct" [JURIST report] on all levels of the US Marine Corps chain of command.

France parliament debates stricter immigration measures
Caitlin Price at 5:17 PM ET

[JURIST] France's National Assembly [official website, in French], the lower house of the French parliament, Tuesday debated [transcript, in French] a new immigration bill [dossier and materials, in French] proposing tightened requirements for foreigners seeking to join immigrant relatives in France. The bill comes after a campaign promise by French President Nicolas Sarkozy [official profile] to toughen the country's immigration policy, a move already begun by the introduction of deportation quotas seeking to expel 25,000 illegal immigrants in 2007. Under the terms of the new bill, applicants over the age of 16 seeking to join immigrant family members already in France would be required to prove French language competency and financial security. If the petition is questioned by immigration officers, applicants would be asked to take voluntary DNA tests to prove their biological relationship to French residents. Despite opposition from civil rights groups and members of his own party, Sarkozy believes the bill will greatly increase the proportion of skilled workers in France. The bill is expected to be passed in the lower house this week, and will be debated in the Senate [official website] next month.

Prior to assuming the presidency [JURIST report], Sarkozy also took a tough stance on immigration while serving as interior minister. In February 2006, he proposed legislation [JURIST report] to enable the government to expel immigrants who did not make sufficient efforts to integrate in French society and seek work. In June 2006, the French parliament passed a conservative immigration bill [JURIST report] that tightened restrictions on unskilled, non-EU immigrants and required immigrants to sign a pledge to learn French and to abide by French law. In September 2006, Sarkozy announced that France had granted amnesty [JURIST report] to 6,924 illegal immigrants with school-age children, even though thousands more had applied. The move was criticized as "totally arbitrary" - an assertion that Sarkozy denied. CBC News has more. BBC News has additional coverage.

Congressmembers subpoenaed to testify in Cunningham contractor bribery trial
Leslie Schulman at 5:08 PM ET

[JURIST] Lawyers for Brent Wilkes [Newsweek profile], a defense contractor connected to disgraced former Congressman Randy "Duke" Cunningham [official profile], have subpoenaed 13 members of Congress to testify at Wilkes' October 2 trial. All of the lawmakers, including former House Speaker Dennis Hastert [official website], have said they will not comply with the orders, because according to House Rules [text], sitting House members may only comply with subpoenas when their testimony could be "material and relevant." General counsel for the House has said it will file a motion to quash the subpoenas because Wilkes' lawyers have failed to show how the lawmakers' testimonies are relevant to the trial. The subpoenas were announced [floor summary] during House floor proceedings Monday, as dictated by the Rules.

Wilkes and former CIA executive director Kyle "Dusty" Foggo [Wikipedia profile] were both indicted by a grand jury [JURIST report] in February for their involvement in the Cunningham case, and have been under investigation by the FBI since last May, after Cunningham pleaded guilty in 2005 [JURIST report] to taking $2.4 million in bribes from Wilkes and others in return for federal contracts. The indictment includes charges of money laundering and fraud, as well as conspiracy between Wilkes and John T. Michael, nephew of New York businessman Thomas Kontogiannis [Union Tribune report], to bribe Cunningham. Wilkes is also alleged to have received $12 million in unlawful government contracts for his company ADCS [corporate website]. Wilkes has pleaded not guilty to 25 counts of money laundering, fraud, and corruption. Both Foggo and Wilkes face up to 20 years in prison if convicted on all charges. AP has more.

US House committee launches probe of State Department inspector general
Caitlin Price at 4:10 PM ET

[JURIST] The US House Oversight and Government Reform Committee [official website] Tuesday announced [press release] an investigation into whether State Department Inspector General Howard Krongard [official profile] interfered with a fraud investigation related to construction of a new US embassy in Baghdad to protect the Bush administration from "political embarrassment." In a letter to Krongard requesting his cooperation in the investigation, Committee Chairman Rep. Henry Waxman (D-CA) [official profile] said that the allegations span "all three major divisions of the Office of Inspector General — investigations, audits, and inspections," and were made by former and current Office of Inspector General employees of varying ranks. Waxman listed concerns that included Krongard's refusal to investigate wasteful spending or procurement fraud in State Department contracts in Iraq and Afghanistan, as well as his refusal to cooperate with a Justice Department fraud investigation into the construction of the new US Embassy in Iraq.

Security firm Blackwater USA [corporate website], charged with protection of US diplomats in Iraq, is also under investigation by the committee and was implicated in the letter to Krongard. The Iraqi government Monday ordered the firm out of the country [CBS report] after eight Iraqi civilians were shot in an incident following a car bomb targeting State Department officials. Though not named, Blackwater is reportedly the firm to which Waxman referred in accusing Krongard of impeding efforts by "investigators to cooperate with a Justice Department probe into allegations that a large private security contractor was smuggling weapons into Iraq." Waxman said [press release] Tuesday that the Blackwater controversy is "an unfortunate demonstration of the perils of excessive reliance on private security contractors." AP has more.

US intelligence chief pushes Congress for more changes to surveillance law
Caitlin Price at 3:01 PM ET

[JURIST] US Director of National Intelligence Mike McConnell [official website] pushed for new and permanent changes to a recently passed temporary surveillance law in a statement [PDF text] to the House Judiciary Committee [official website] Tuesday. The Protect America Act 2007 [S 1927 materials], passed [JURIST report] by Congress in August, gives the Executive Branch expanded surveillance authority for a period of six months while Congress works on long-term legislation to "modernize" the 1978 Foreign Intelligence Surveillance Act (FISA) [EFF Q&A] by establishing judicial oversight of domestic wiretapping. McConnell urged the panel to permanently update FISA to include the provisions of the Protect America Act, including changing the definition of electronic surveillance to exclude limitations on governmental surveillance "directed at a person reasonably believed to be located outside the United States." He pointed to threats both from terrorist groups and from China and Russia, nations which he says are spying on US activities and assets nearly at "Cold War levels." McConnell also proposed granting liability protection to members of the private sector connected to government anti-terror work, including telecommunications companies that aided government surveillance without a court order. McConnell made a similar push last week at a hearing before the Senate Homeland Security and Government Affairs Committee [JURIST report].

Last week US Assistant Attorney General Kenneth L. Wainstein [official profile], head of the US Department of Justice's National Security Division (NSD), sent a letter to Congress [JURIST report] stating that the Protect America Act will not allow government authorities to conduct warrantless domestic searches. Wainstein reiterated the Bush administration's position that the new legislation, which "could be read to authorize the collection of business records of individuals in the United States," will not be used for such surveillance. The Center of Constitutional Rights [advocacy website] filed a legal challenge to the law, contending it violates the Fourth Amendment [JURIST report] because it removes judicial oversight for spying and "leaves it to the executive branch to monitor itself." McConnell told the Judiciary Committee that the executive branch is "committed to conducting meaningful oversight of the authorities provided by the Protect America Act," through monitoring from internal review, outside agencies, the FISA court, and the Congress and its committees. AP has more.

Maoists leave Nepal government in new call for democratic republic
Leslie Schulman at 2:54 PM ET

[JURIST] The Communist Party of Nepal - Maoists (CPN-M) [party website] announced Tuesday that it is vacating the interim government and boycotting future elections until its demands for parliament to immediately declare the country a federal democratic republic were met. Senior members of the Maoist party, who say that they have secured over one million signatures on a petition calling for the creation of a republic government, said Tuesday that they would engage in peaceful rallies leading up to a nationwide strike in early October. AP has more.

This is the latest in a series of political upheavals in Nepal [JURIST news archive]. The CPN-M has been agitating for the declaration of a republic [JURIST report] and abolishment of the monarchy for months, but senior leaders in the six other major parties involved in the interim parliament, operating under the powers of the interim constitution [JURIST report], assert that the parliament only has the power to set up elections for a Constituent Assembly [eKantipur report], which will then decide the form of Nepal's new government.

Children often victims of extrajudicial killings in Philippines: advocacy groups
Alexis Unkovic at 2:43 PM ET

[JURIST] Two advocacy groups in the Philippines [JURIST news archive] said Tuesday that children are often the victims of extrajudicial killings, citing statistics compiled by Karapatan (The Alliance for the Advancement of People's Rights) [advocacy website]. The Salinlahi Alliance for Children's Concerns and the Gabriela Women's Party [advocacy website] criticized Philippine President Gloria Arroyo [official website; BBC profile], saying that instances of human rights [JURIST news archive] violations have ironically increased in the Philippines since the end of martial law in 1981. The groups said that seven percent of the victims recorded by Karapatan since 2001 were children, and that five children have died in extrajudicial killings so far this year.

In July, Arroyo urged lawmakers [JURIST report] from both houses of Congress to pass legislation to curb extrajudicial killings and disappearances [transcript]. The Inquirer has more.

Iranian-American journalist leaves Iran
Alexis Unkovic at 1:58 PM ET

[JURIST] Iranian-American journalist Parnaz Azima, a reporter for Radio Farda [media website, in Arabic], left Iran [JURIST news archive] Tuesday after months of being held in the country on security-related charges. A spokesperson for Radio Farda's parent service Radio Free Europe/Radio Liberty (RFE/RL) [media website] told AP that Azima will soon arrive in the United States. Azima was granted permission to leave Iran [JURIST report] September 5, although the charges against her remain open [RFE/RL report]. Authorities reportedly returned Azima's passport to her on September 4.

Azima originally traveled to Iran in January to visit her sick mother and Iranian authorities confiscated her passport upon her arrival. Two other Iranian-Americans charged by Iran with endangering national security, Open Society Institute consultant Dr. Kian Tajbakhsh [OSI press release] and Ali Shakeri of the Center for Citizen Peacebuilding [advocacy website], still have not been released. Iranian-American scholar Haleh Esfandiari [JURIST news archive] left Iran earlier this month after being detained for over 100 days for her involvement in an alleged plot "against the sovereignty of the country." AP has more.

Maryland high court narrowly affirms same-sex marriage ban
Alexis Unkovic at 1:12 PM ET

[JURIST] The Maryland Court of Appeals [official website] on Tuesday ruled [opinion text, PDF] 4-3 that the state's 1973 law banning same-sex marriage [JURIST news archive] is constitutional. In reversing the judgment of the lower Circuit Court, Maryland's highest court held that a law defining marriage as between one man and one woman neither denies individuals fundamental rights nor discriminates illegally on the basis of gender. The plaintiffs, 19 same-sex couples represented in the case [docket, ACLU materials] by the American Civil Liberties Union (ACLU) [advocacy website], had argued that marriage is a fundamental right which should not be denied according to the parties' genders. The majority opinion did allow that the Maryland General Assembly [official website] can pass legislation recognizing same-sex unions [JURIST news archive] if it chooses to do so.

The ACLU filed the case [JURIST report] in 2004, and the Maryland Court of Appeals later heard oral arguments [JURIST report] on appeal in December 2006. Baltimore City Circuit Court Judge M. Brooke Murdock originally ruled against enforcing the 1973 law [opinion, PDF; JURIST report] in January 2006, holding that it subjects same-sex couples to a discriminatory classification based solely on their sexual orientation. AP has more. The Baltimore Sun has local coverage.

Zimbabwe parliament considers constitutional amendments
Michael Sung at 12:13 PM ET

[JURIST] The Zimbabwean parliament began debate Tuesday on a draft constitutional amendment bill that could essentially give Zimbabwean President Robert Mugabe [BBC profile] the authority to appoint his successor. The changes would allow the parliament to appoint a new president should the incumbent step down before the end of his term; there is speculation that Mugabe will step down before elections are held so that his ruling party, the Zimbabwe African National Union - Patriotic Front (ZANU-PF) [Wikipedia backgrounder], would be able to select the next president. ZANU-PF currently enjoys the necessary two-thirds parliamentary majority for amending the Zimbabwean constitution [PDF text].

In June, the Zimbabwean government published [JURIST report] the bill to amend the constitution, which proposes the simultaneous election of the president and both houses of the legislature. Critics allege that the reforms are intended to weaken the opposition. The proposed amendments would end the existing assembly's term two years early in 2008, reduce the president's term from six years to five, and increase the number of legislators in the House of Assembly from 150 to 210 and the Senate from 66 to 84. In addition, the number of House of Assembly members appointed by the president would decrease from 30 to 10, but the number of senators appointed by the president would go from 16 to 34. The main opposition party, Movement for Democratic Change [party website], said Tuesday that it has reached a deal with ZANU-PF and would not try to block the amendments. BBC News has more. Reuters has additional coverage.

France judiciary probing 1999 assassination of Iran military official
Michael Sung at 9:39 AM ET

[JURIST] French judicial officials indicated Monday that the judiciary is launching a new investigation into the 1999 assassination [BBC report] of Iranian deputy chief of the joint staff Brigadier-General Ali Sayyad Shirazi in Tehran. The probe, renewed at the request of Shirazi's family, will focus on the Mujahedin-e-Khalq (MEK) [MIPT backgrounder], which has claimed responsibility in the assassination. The MEK, based in France and Iraq, is dedicated to the overthrow of the Islamic Republic of Iran and has been designated as a terrorist organization by the United States and the European Union.

The MEK, also known as the People's Mujahideen of Iran, supported Saddam Hussein [JURIST news archive] in the 1980-88 Iran-Iraq war [GlobalSecurity backgrounder]. Last December, the European Court of First Instance [official website] ruled that the Council of the European Union's decision to freeze the group's assets was made without giving the MEK a fair hearing and was reached without a "sufficient statement of reason" [JURIST report]. The ruling prompted the EU to revise [press release, PDF; JURIST report] its procedures in establishing and maintaining its list of terrorist entities. AP has more.

Musharraf to resign Pakistan army chief post after successful reelection: lawyer
Michael Sung at 8:56 AM ET

[JURIST] Pakistani President Pervez Musharraf [BBC profile] will only resign as chief of Pakistan's army following his reelection, government lawyer Sharifuddin Pirzada said Tuesday during proceedings in the Supreme Court of Pakistan [official website]. The high court is hearing petitions from opposition parties challenging Musharraf's dual role as president and army chief [JURIST report], as well as Musharraf's bid to avoid a general election by seeking reelection from the outgoing parliament and provincial assemblies. Pirzada said that Musharraf would resign from his army post after being elected but before being sworn in for another term as president, but opposition leaders immediately criticized the plan as unconstitutional.

On Monday, the Election Commission of Pakistan (ECP) [official website] announced election rule changes [press release] that will allow Musharraf to remain as army chief while he runs for office. Earlier this month, members of the opposition began challenging Musharraf's dual role [JURIST report]. AP has more.

Federal judge dismisses California global warming lawsuit against automakers
Jaime Jansen at 8:46 AM ET

[JURIST] A federal judge in California dismissed a lawsuit [order, PDF] Monday alleging that vehicle emissions of greenhouse gases [EPA backgrounder] have contributed to global warming constituting a "public nuisance" that has cost the state of California millions of dollars. Judge Martin J. Jenkins of the US District Court for the Northern District of California [official website] wrote that the case "presents a non-justiciable political question" and said that courts lack jurisdiction to decide injury lawsuits based on global warming, noting that the issue needs to be addressed on a nationwide scale by Congress. Jenkins added that he did not want to expose automakers, utility companies and other industries to damages for "lawfully engaging in their respective spheres of commerce." Last week, a federal court in Vermont ruled [opinion, PDF; JURIST report] that states have the power to regulate automobile greenhouse gas emissions.

Former California Attorney General Bill Lockyer filed the lawsuit [complaint, PDF; JURIST report] last year against Chrysler, General Motors Corporation, Ford, Toyota, Honda and Nissan, alleging that vehicles manufactured by the companies "currently account for nearly 20 percent of the carbon dioxide emissions in the United States and more that 30 percent in California." The automakers moved to dismiss the lawsuit [JURIST report] last December, arguing that disagreements they may have with the state should be settled through the regulatory process, not litigation. The New York Times has more.

Mexican drug lord pleads guilty in US federal court
Jaime Jansen at 8:12 AM ET

[JURIST] Mexican drug lord Francisco Javier Arellano Felix [Wikipedia profile] pleaded guilty [press release] in the US District Court for the Southern District of California [official website] Monday to running a continuing criminal enterprise and conspiracy to launder money. Prosecutors alleged that Arellano Felix helped run the Arellano Felix cartel [PBS backgrounder], based out of Tijuana, Mexico, which became notorious for its aggressive and ruthless behavior and brought hundreds of tons of marijuana and cocaine into the US. The plea agreement, which came after officials in Washington, DC agreed not to pursue the death penalty, calls for Arellano Felix to forfeit $50 million and a yacht.

Sibling Francisco Rafael Arrellano Felix [Wikipedia profile] became the first major accused drug dealer to be extradited from Mexico [JURIST report] last year, and pleaded not guilty to cocaine distribution charges [AP report]. The Arellano Felix cartel was once run by a family of seven brothers and four sisters. Francisco Javier Arellano Felix is the second of the cartel leaders to face drug related charges. All other charges were dropped under the plea agreement, and Arellano Felix will be sentenced on November 5. AP has more.

Mukasey AG nomination gets hesitant support from Senate Democrats
Jaime Jansen at 7:03 AM ET

[JURIST] Lawmakers on Capitol Hill have generally reacted favorably to President Bush's Monday nomination [JURIST report] of former federal judge Michael B. Mukasey [WH factsheet; PBWT profile] as the US Attorney General, showing support for Bush's bi-partisan efforts at nominating an independent mind for the nation's top law enforcement officer and paving the way for a relatively smooth confirmation. Many US senators stopped short of announcing their support of Mukasey, but several top Democrats expressed the need for a quick confirmation and signaled a readiness to compromise with GOP lawmakers in order to clean up the scandal-ridden US Department of Justice [official website]. Senate Majority Leader Harry Reid (D-NV) [official website] applauded Bush's bi-partisan efforts [press release], noting that "Judge Mukasey has strong professional credentials and a reputation for independence...and knows how to say no to the President when he oversteps the Constitution." While Senate Judiciary Chairman Patrick Leahy (D-VT) [official website] initially threatened to hold up Mukasey's nomination until the Bush administration hands over key information about its terrorist surveillance program [JURIST news archive], Leahy later said that he looks forward to meeting with Mukasey and gathering information for confirmation hearings, adding that "cooperation from the White House will be essential" [press release]. Sen. Chuck Schumer (D-NY) [official website] echoed Leahy's comments, adding that holding up Mukasey's confirmation would be a "mistake" when the "White House has taken a step forward" with a bi-partisan nomination. Mukasey has been regarded as strict on national security matters, but ruled [PDF text] in March 2003 that US citizen Jose Padilla [JURIST news archive] had to be allowed to meet with counsel despite being classified as an "enemy combatant" [JURIST news archive], prompting Senate Judiciary Committee member Russ Feingold (D-WI) [official website] to express interest [press release] in Mukasey's "views on executive power and the need to protect the rights of law-abiding Americans while fighting al Qaeda and its affiliates aggressively."

Leading Republicans have begun urging the Senate to confirm Mukasey quickly. Ranking Senate Judiciary Committee member Arlen Specter (R-PA) [official website] welcomed Mukasey's nomination, noting that "President Bush has made a very conscience and deliberate effort to choose someone who would not be controversial." Specter expressed hope that Mukasey's nomination "will not get bogged down" [press release] in requests for information from the White House, including requests about the terrorist surveillance program and the firing of eight US Attorneys [JURIST news archive], which eventually precipitated the resignation of former Attorney General Alberto Gonzales [JURIST report]. Mukasey emerged as a leading candidate for the nomination after Democrats balked [JURIST report] at the prospect of Theodore Olsen [DOJ profile], saying Olsen was overly partisan and threatening to invoke procedural barriers to his confirmation. AP has more.

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