[JURIST] Former Connecticut governor John G. Rowland [archived official website] was sentenced Friday to one year in prison, four months of house arrest, three years probation, and an $82,000 fine after pleading guilty in December [JURIST report] to a federal corruption charge. The sentencing period, set by the judge who heard Rowland's leniency plea [JURIST report], fell short of 15 to 21 months called for by the plea bargain [text]. Prosecution ensued after investigators discovered that Rowland sold his political influence for over $100,000 in trips to Nevada, Florida, and Vermont. Rowland also accepted improvements of his lakeside cottage by state contractors. AP has more.

[JURIST] Wire services are quoting sources close to the case as saying that Terri Schiavo's feeding tube has been removed at the request of her husband acting on authority of a court order.

4:15 PM - At a press conference still ongoing, Michael Schiavo lawyer George Felos [publisher's profile] said that the feeding tube had been removed at 1:45 PM ET. He said that the Florida Supreme Court had rejected a final petition for relief filed by the US House of Representatives following Judge Greer's rejection of their subpoenas.

In an emotional statement, Felos labeled the issuance of the subpoenas "thuggery" - an "attempt to intimidate and coerce physicians, health care providers and stop them from carrying out a court order." He called it a "shocking" idea that any House committee or subcommittee member could issue subpoenas to force people to take or be subjected to medical treatment against their will. Americans, he said, should be alarmed at an act more fitting for "Stalin's politburo." Assailing the US Senate, and leading Democrats Kerry, Clinton, Leahy and others by name, he said the US Senate bill passed by unaninimous consent in support of Schiavo's parents' position and against her wishes Thursday was "shameless". He hailed the Florida judiciary for their efforts in the case, and said that the legal message from the full US Supreme Court which had rejected an emergency appeal [PDF order denying stay of enforcement of judgment pending certiorari] late Thursday was also clear.

6:15 PM ET - US House Majority Leader Tom DeLay called on the US Senate again this afternoon to pass the House bill that would move Terri Schiavo's case to the federal court:

Those senators responsible for blocking the bill yesterday afternoon, Senators Boxer, Wyden, and Levin, have put Mrs. Schiavo’s life at risk to prove a point – an unprecedented profile in cowardice. The American people are not interested in squabbles between Republicans and Democrats, or between the House and Senate. They care, and we care, about saving Terri Schiavo’s life. The House bill will do that.

Terri Schiavo is alive. She is not ‘barely alive.’ She is not ‘being kept alive.’ She is as alive as you or I, and as such we have a moral obligation to protect and defend her from the fate premeditated by the Florida courts. This is not over. We are still working, so are Mrs. Schiavo’s lawyers, and so is the Florida state legislature. This is not over.

We’re very disappointed by the Florida court’s decision to allow Terri Schiavo’s feeding tube to be removed. The House and Senate leadership are committed to reaching agreement on legislation that provides an opportunity to save Mrs. Schiavo’s life. Now that the House and Senate have each passed different legislative remedies, the House and Senate Committees are working urgently together. We will be working through the weekend to resolve the differences and reach an effective solution that can clear our chambers and be signed by the President.”

[JURIST] US District Judge Nancy Atlas decided Friday against renewal of the automatic stay protecting the remaining assets of Yukos [official website], the Russian energy company whose bankruptcy case was dismissed in a Houston bankruptcy court [JURIST report] last February. The decision comes as a major loss to Yukos, which faces a $27.5 billion back tax bill enforced by the Russian authorities. With the stay lifted, banks may sell Yukos assets and the Russian government can proceed with auctioning major oil-producing subsidiaries including the Yuganskneftegaz [corporate profile] refinery in Siberia. Yukos executives contend that the tax bills is politically motivated and faulty. The Houston Chronicle has more.

[JURIST] In Friday's international brief, a new poll published Friday by Le Parisien newspaper has the scheduled May 29 national referendum on the European Constitution failing with a 51% "no" vote. Polls taken as recently as February had indicated a strong 2/3 of the French populace in favor of the regional pact. A flurry of anti-government protests and strikes have, however, apparently swayed public opinion. French Prime Minister Jean-Pierre Raffarin [official profile] told a youth meeting of the European People's Party [official website] Friday that he was "preoccupied" by the figures, but not worried, saying that a 50-50 split in predictions meant that more French people would take it on themselves to go vote. Some analysts have warned that a "no" vote from France could sink the entire EU constitutional proposal, while others argue that it will result in the EU forging ahead, but leaving France behind. The last national referendum in France, on the Maastricht Treaty [Wikipedia backgrounder], which led to the formal creation of the EU in 1993, passed by a mere two percentage points in France. JURIST's Paper Chase has continuing coverage of the European Constitution [JURIST Hot Topics news archive]. Read the original La Parisien article on the poll [in French].

In other international legal news ...

• Harold Keke [BBC profile], leader of the Guadalcanal Liberation Front, an organization designated as a terrorist entity by the Solomon Islands [official website] and New Zealand [official website] governments, was convicted Friday of the murder of Catholic priest and Solomon Island cabinet member Father Augustine Geve in 2002. Ronnie Cawa and Francis Lela were also convicted of the same murder; both men are linked to the GLF as commanders of the local militia. All three have been sentenced to life imprisonment. The murder occurred during a period of civil unrest fostered by pro-independence fighters who attempted to overthrow the Solomon Islands government. Australia finally sent troops in to the area in 2003 after the Solomon Islands admitted that it was incapable of ending the bloodshed. Australian Foreign Minister Alexander Downer [official profile] hailed the conviction as proof of the restoration of the judicial system in the Solomon Islands. Read the official press release of the Australian Department of Foreign Affairs and Trade [government website]. The Solomon Star has local coverage.
  
  
• Four Pakistani men originally convicted of rape, then acquitted in the Lahore High Court [official website], were rearrested Friday pursuant to a government order. The four men were originally convicted of raping Mukhtar Mai [advocacy website] at the order of the local tribal council to punish a crime committed by her brother. Mai appealed to Pakistani President Pervez Musharraf [official profile] Thursday, saying that she felt threatened by the release of the men, who returned to the village where Mai currently lives and teaches a school. Pakistani Prime Minister Shaukat Aziz [official profile] ordered the rearrest of the men under the Maintenance of Public Order Act. The men will be held until the Pakistan Supreme Court [official profile] issues a final ruling on their status.

[JURIST] Former Serbian prime minister Zoran Zivkovic [2003 BBC profile] said Friday that in 2003 CIA agents aided Serbian police in dozens of unsuccessful attempts to capture former commander General Ratko Mladic [BBC profile]. Mladic is accused of atrocities and genocide during the 1992-95 Bosnian war, and Serbia has been accused by the international community of harboring the former wartime commander. Zivkovic alleges that he made an agreement with the US government to coordinate efforts for at least six months and investigate all tips and reports related to Mladic's whereabouts. Zivkovic's successor, Prime Minister Vojislav Kostunica [official profile], has not continued the cooperation. Miladic’s whereabouts are still unknown and have become a central issue in Serbia’s efforts to gain membership into the European Union. The EU has made Mladic's extradition to face charges of war crimes [JURIST Hot Topic] before the International Criminal Tribunal for the Former Yugolsavia a key condition for Serbia's membership. AP has more.

[JURIST] The US District Court for the Eastern District of Louisiana [official website] began pre-trial hearings [Pretrail Order #1, PDF] Friday, launching the federal liability case against Merck & Co. [official website], producers of the painkilling product Vioxx [Vioxx consumer information]. Dozens of lawyers, handling over one thousand lawsuits, entered the courtroom before Judge Eldon E. Fallon [official profile], who was assigned last month to coordinate procedural pre-trial motions and discovery. Though the individual trials will be heard in the original federal jurisdictions, Merck earlier requested that pretrial motions be placed under one judge to ease costs of coordinating lawsuits filed around the county. Vioxx was removed from the market last year after a study revealed that it placed users at greater risks for stroke and heart attack [CBC News report]. Some drug industry analysts speculate that Merck's potential liability may reach $30 billion. The first trials will begin within 12 to 18 months. Read Merck's statement on pre-trial consolidation here. AP has more.

[JURIST] The UN Security Council [official website] appears deadlocked on the Sudan issue after the United States and other countries argued again Thursday over the appropriate venue for criminal prosecutions of war crimes committed in Darfur. A majority of Council members support proceedings at the UN-associated International Criminal Court [official website] at The Hague, while the US - which has traditionally opposed the ICC and sought exemptions from its jurisdiction - favors the creation of a special tribunal that would operate out of Tanzania. On Wednesday, the African Union sought to intervene in the dispute and proposed an overarching African Panel for Criminal Justice and Reconciliation [JURIST report], a move which was sharply criticized by Amnesty International. The Security Council has approved a week-long extension of the United Nations Advance Mission in Sudan while delegations continue to work out the war crimes issue and outside pressure mounts for the UN to take meaningful direct action to address the Sudan crisis, which UN officials now say has claimed more than 150,000 lives. AFP has more.

[JURIST] Leading Friday's corporations and securities law news, the European Commission (EC) [official website] said Microsoft [corporate website] has failed to deliver on its commitment to comply with sanctions related to violations of European antitrust rules [JURIST Hot Topic news archive]. Microsoft was accused of using its monopoly position to prevent competitors' products from working with their products. The EC is threatening Microsoft with new fines. Read more about the sanctions against Microsoft [European Union press release]. BBC News has more.

In other news...

• As previously reported on JURIST's Paper Chase, the US Immigration and Customs Enforcement (ICE)[official website] announced Wal-Mart Stores Inc. [corporate website], the world's largest retailer, will pay $11 million to settle allegations it used hundreds of illegal immigrants to clean its stores. Also, 12 businesses which provided contract janitor services to Wal-Mart will pay $4 million in fines. These businesses also pled guilty to criminal immigration charges. Wal-Mart avoided criminal charges with the settlement. Read the Wal-Mart press release. Read the ICE press release. Read more about ICE investigation into Wal-Mart. AP has more.
  
  
• Victor Menezes, Citigroup Inc.'s former head of emerging markets, received a Wells Notice from the SEC [official website] over an alleged insider-trading stock sale of over a $29.8 million. The sale came 18 days before the bank announced a $2.2 billion loss in Argentina. Bloomberg has more.
  
  
• The Federal Reserve [official website] has told Citigroup tighten its internal controls and address numerous regulatory problems at the company and delay any takeover plans. The order came as part of the Federal Reserve's unanimous approval of Citigroup's purchase of First American Bank SSB. Read the Federal Reserve order [PDF]. Reuters has more.
  
  
• Citigroup [corporate website] filed a lawsuit against Italian dairy firm Parmalat [corporate website] for damages related to Parmalat's collapse in 2003. Citigroup is claiming Parmalat lied about financial position. The suit comes after Parmalat sued Citigroup, alleging the bank continued to do business with Parmalat even though it knew of the company's troubles. Yesterday, Italian prosecutors accused Citigroup and three other companies of aiding Parmalat in misleading investors. BBC News has more.
  
  
• The Indian government has introduced new patents legislation in parliament as part of its effort to comply with WTO rules. The new measure is aimed to stop local firms from producing cheap generic versions of patented drugs. Opponents fear the bill will drastically cut India's share of the generic drug market. BBC News has more.
  
  
• US District Judge Nancy Atlas rejected Russian oil giant Yukos' effort for protection while it appeals another decision not to give the company Chapter 11 bankruptcy protection from Russia. Judge Atlas felt Yukos [corporate website; JURIST Hot Topic news archive] would be unable to win its appeal for protection. BBC News has more.

[JURIST] Retail giant Wal-Mart [corporate website] agreed Friday to pay $11 million to settle US Department of Justice [official website] allegations that it had employed hundreds of illegal immigrants to perform janitorial services in 60 stores across the country. The DOJ investigation revealed that Wal-Mart employed over 345 illegal immigrants directly and through janitorial contractors. While Wal-Mart escaped criminal charges, 12 contractors involved in the investigation pleaded guilty to criminal immigration charges and agreed to pay $4 million in fines. In addition, Wal-Mart has agreed to create an internal program to ensure future compliance with immigration laws through its own practices and its contractors. Under federal law, an employer can face civil and criminal penalties for knowingly hiring illegal immigrants or failing to comply with certain employee record-keeping regulations. Read Wal-Mart's statement on the settlement. AP has more.

[JURIST] Businessman Frans van Anraat has been formally charged by Dutch prosecutors with complicity in genocide for selling chemicals to Iraq that were used to produce poison gas by Saddam Hussein's government against Kurds. Prosecutors said that van Anraat, the first Dutch national to face prosecution for genocide, "was conscious of ... the fact" that the chemical substances he provided "were going to be used for poison gas attacks." Van Anraat's defense lawyers say there is no convincing evidence linking the materials van Anraat supplied to the chemical weapons used by Saddam Hussein. Van Anraat was arrested last December [JURIST report] after returning to Europe from Iraq, where he had been living for several years. Van Anraat's full trial is scheduled to begin in November. BBC News has more.

[JURIST] Shiite and Kurdish negotiators say they may need another week to hammer out the shape of a new Iraqi government [AP report] as factions in Iraq's new National Assembly struggle to build a coalition that will satisfy the majority clauses contained in the Transitional Administrative Law (TAL) [text], the Iraqi interim constitution agreed to last year after intense bargaining. The document requires that a super-majority of two-thirds of the lawmakers in the National Assembly agree on the membership of Iraq's powerful presidency counsel, and although only a simple majority is necessary to pass legislation, a two-thirds majority is also necessary to override any legislative veto by the council. Additionally, a three-quarters majority is required to amend the TAL itself. The United Iraqi Alliance, the winner in the January Iraqi elections [JURIST Hot Topic news archive] holds only 51% of the seats in the National Assembly, requiring the group to reach a compromise with minority parties in the appointment of Iraq's new leadership. The super-majority provisions in the TAL have been criticized as a backdoor method by which the US can continue to exert control of Iraq, but defenders of the apparatus say the system is critical to ensure consensus and compromise between multiple political groups, all of which have an important stake in the country's future. BBC News has more.

[JURIST] The United Nations' [official website] investigation into allegations of sexual abuse in the Democratic Republic of Congo has resulted in the firing of one employee and the suspension without pay of six other civilian workers. Overall, 17 civilian staff members were investigated by the UN, with investigations into allegations of sexual exploitation of women and girls by military personnel being handled by those who contributed troops for the UN Mission to the Congo. The former employee who was "summarily dismissed" now faces prosecution in France, according to UN spokesman Fred Eckhard. Some investigations, including those into allegations made against former chief of staff of the UN operation in the Congo Jacques Grinberg, have been "completed and no grounds for initiating disciplinary procedures were found." UN Secretary General Kofi Annan first admitted the "gross misconduct" of some UN civilians [JURIST report] and military personnel late last year and said that perpetrators would be held accountable. Reuters has more.

[JURIST] WTSP-TV 10 in Tampa is reporting that Judge George Greer has refused to recognize US House subpoenas issued earlier today, allowing a feeding tube to be removed from Terri Schiavo as per a previous order.

1:55 PM ET - Judge Greer rejected the Congressional subpoenas (formal House subpoenas and a "legally binding" Senate invitation to the Schiavos to testify before committee), saying that the actions were stalling tactics and not legitimate interventions in the case. The Orlando Sentinel has more on Judge Greer's ruling. This is the third time Terri Schiavo's feeding tube has been removed; on two previous occasions the tube was reinserted by legal order. Terri Schiavo has been in what doctors describe as a "persistent vegatative state" since 1990. There is no indication as yet whether hospice staff have already removed the tube, or when exactly that might be done.

[JURIST] WTSP-TV 10 in Tampa is reporting that the chief judge in Pinellas Country has issued a temporary stay on the removal of Terri Schiavo's feeding tube past 1 PM ET until Judge Greer can be located for a 1:15 PM hearing (rescheduled from 12:30 PM) on the effect of subpoenas issued in the case [JURIST report].

Meanwhile live video from WTSP continues to show protestors both opposing and supporting the removal of the feeding tube milling around outside the hospice. WTSP reporter Bill McGinty notes that the numbers are less than right-to-life groups had hoped, but he says the number is likely to increase into the thousands if the tube in in fact removed. If the removal is carried out, some protestors have vowed to try and enter the hospice with symbolic food and water.

1:11 PM ET - ABC-TV in Tampa now has an updated report on the stay pending the location of Judge Greer.

[JURIST] In Friday's environmental law news, the Indonesia Supreme Court has ruled that the detention of five Newmont Mining Co. [corporate website] executives last year was legal. The officials had been held in jail without charge for over 30 days last September and October while police investigated complaints against the company for possible mercury pollution in the Buyat Bay [JURIST report]. After a local court ruling, the officials were released, but had to check in with local police and could leave the area, conditions that still continue. The investigation has been completed, although charges were not brought while the arrest issue was before the courts. Charges are still expected to be brought. AP has the full story.

In other news,

• The EPA inspector general [official website] is investigating a complaint by an EPA official claiming that an EPA study was scientifically flawed and was reviewed by a panel heavily tilted toward the energy industry. The study found that hydraulic fracturing, an oil and gas drilling technique, posed "little or no threat" to drinking water. The inspector general has not yet announced the scope of the inquiry. The Los Angeles Times has the full story.
  
  
• The Alabama Senate Energy and Natural Resources committee passed a bill that would require the Alabama Department of Environmental Management [official website] to take into account population demographics before issuing new, renewed or modified pollution permits. If the pollution would numerically affect minorities disproportionably, the pollution would have to be reduced or the permit denied. The Birmingham News has the full story.
  
  
• The National Park Service [official website] seeks comments on a proposed rule [text] that would allow the use of personal watercraft in designated areas of the Gulf Islands National Seashore [official website], off the coasts of Florida and Mississippi. In 2000, the National Park Service issued a regulation (36 CFR 3.24) [text] that prohibits the use of personal watercraft in all park units, unless specifically allowed. Comments on the proposed rule can be made here until May 16.
  

[JURIST] In eleventh-hour attempts to prevent the removal of Terri Schiavo's feeding tube scheduled for 1 PM Friday, US congressional committees Friday morning called hearings and issued subpoenas that could procedurally delay the withdrawal. The Senate Health Committee chaired by Mike Enzi called Schiavo and her husband Michael to testify [Enzi press release] at a March 28 hearing on "Health Care Provided to Non-Ambulatory Persons" in a largely symbolic move designed to cast some measure of legal protection over her in the absence of any agreement [Reuters report] yesterday between the US Senate and House on an appropriate legislative solution. In a statement [text] on the hearing, Senate Majority Leader Bill Frist noted:

Federal criminal law protects witnesses called before official Congressional committee proceedings from anyone who may obstruct or impede a witness’ attendance or testimony. More specifically, the law protects a witness from anyone who -- by threats, force, or by any threatening letter or communication --influences, obstructs, or impedes an inquiry or investigation by Congress. Anyone who violates this law is subject to criminal fines and imprisonment.

The case of Terri Schiavo raises complex issues. Yet in instances like this one, where there are serious questions and substantial doubts, our society, our laws, and our courts should have a presumption in favor of life. Those who live at the mercy of others deserve our special care and concern. It should be our goal as a nation to build a culture of life, where all Americans are valued, welcomed, and protected - and that culture of life must extend to individuals with disabilities.

[JURIST] In an effort to counter opponents of this summer's scheduled pullout from the Gaza Strip [JURIST report], the Israeli government Friday banned new settlers from moving into the area. The ban came in the form of an Israeli army order "signed in accordance with the decision made by the political echelon and part of the preparations to implement the government decision to carry out the disengagement plan", according to an IDF statement. Opponents of the plan sponsored by Israeli Prime Minister Ariel Sharon [Israel MFA profile] had already started moving to the area with the hope that increased numbers of settlers would make implementation of the plan more difficult. Reuters has more.

[JURIST] The US Tenth Circuit Court of Appeals Thursday upheld a jury conviction of three nuns for defacing a missile silo with their own blood in 2002. The nuns, who allegedly cut a chain link fence at a military facility in northern Colorado to gain access to the silo, had been convicted of obstructing national defense and damaging government property. The appeals court noted the potential importance of civil disobedience, but stated that the protest was more than a "trivial intrusion on some obscure military facility." Read the full court opinion [text]. AP has more on the story.

[JURIST] The Zimbabwe Supreme Court ruled Thursday that Zimbabwean citizens living outside the country would not be permitted to participate in upcoming parliamentary elections. The ruling affects 3.4 million people representing over 20% of Zimbabwe's total population. The ruling does, however, allow diplomats and servicemen stationed abroad to vote. The appeal was brought by opponents of President Robert Mugabe, and the negative ruling is expected to raise questions about the fairness of the March 31 elections. Mugabe has been accused of using intimidation tactics against opponents, including opposition leader Morgan Tsvangirai [BBC News profile]. AP has more.

[JURIST] Here's a run-down of law-related events, expected developments and live webcasts on JURIST's docket for Friday, March 18.

The US Senate and US House [official websites] are not in session today. They will resume session on Monday, March 21.

At the UN, the Secretary-General's Representative for Burundi will give a brief on the latest developments in the country at 12 Noon ET. Watch a live webcast of the briefing.

At the International Criminal Tribunal for the Former Yugoslavia, the trial of Fatmir Limaj [ICTY case backgrounder] continues today at 9:30 AM local time [3:30 AM ET]. Also today, Gojko Jankovic [ICTY case backgrounder] will make an initial appearance before the tribunal at 2:45 PM local time [8:45 AM ET]. Watch a webcast of both proceedings.