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Legal news from Wednesday, May 4, 2005




Mexico drops case against Mexico City mayor
Jamie Sterling on May 4, 2005 4:04 PM ET

[JURIST] The Mexican attorney general's office (PGR) [official website in Spanish] Wednesday dropped a land dispute case brought against Mexico City Mayor Andres Manuel Lopez Obrador [World Mayor profile]. Lopez Obrador [advocacy website], the popular front-runner in the country's 2006 presidential race, had been charged [JURIST report] with abuse of authority in a land extradition dispute after current Mexican President Vicente Fox [official website] retracted his promise to pardon him [JURIST report]. Lopez Obrador would not have been able to run in the next presidential election had his conviction held. The former Mexican Attorney General who had been at the forefront of the efforts to prosecute Lopez Obrador resigned last Thursday over the dispute [JURIST report]. Read the PGR press release in Spanish. From Mexico City, El Universal has local coverage in English.






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US soldiers arrested for attempted arms smuggling in Colombia
Jamie Sterling on May 4, 2005 2:53 PM ET

[JURIST] Colombian police arrested two American soldiers Wednesday for attempted arms smuggling, potentially to illegal far-right Colombian para-military groups. This is the second set of arrests for US military smuggling in the past month; the other involved a US Air National Guard pilot and a crewmember who had attempted to smuggle millions of dollars worth of Ecstasy [Reuters report] into the United States. At the end of March five US soldiers were also charged with attempting to smuggle 32 pounds of cocaine out of Colombia [AP report]. Under a treaty, Colombia does not have the jurisdiction to try US soldiers, so cases arising from the latest arrests will be heard in the United States. Reuters has more.






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IRA member charged with murder for 1998 terrorist bombing
Jamie Sterling on May 4, 2005 2:36 PM ET

[JURIST] Sean Gerard Hoey, a member of the Irish Republican Army [BBC backgrounder], was charged Wednesday with the murder of 29 people in the largest terrorist bombing in the history of Northern Ireland's "troubles." The 1998 Omagh bombing [BBC archive report] also injured almost 300 others, and has remained largely unsolved due to mishandling of evidence [JURIST report]. Hoey has been behind bars since Sept. 2003 for many offenses, including supplying the materials used in the Omagh bombing. He is the first to be charged for murder in the terrorist attack. AP has more.






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BREAKING NEWS ~ Judge throws out England guilty plea in Abu Ghraib trial
Bernard Hibbitts on May 4, 2005 2:17 PM ET

[JURIST] A military judge at Fort Hood has rejected Pfc. Lynndie England's guilty plea in her Abu Ghraib prison scandal court-martial, torpedoing her plea agreement.

2:51 PM ET - In declaring the mistrial, Col. James Pohl said statements by England about her understanding of the purpose of her activities with the Iraqi detainees at Abu Ghraib could not be reconciled with testimony from Pvt. Charles Graner and undermined the conspiracy charge. AP now has a full story.






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BREAKING NEWS ~ FBI charges Pentagon analyst with leaking classified documents
Jamie Sterling on May 4, 2005 11:26 AM ET

[JURIST] AP is reporting that Pentagon analyst Larry Franklin [Wikipedia profile], previously demoted and stripped of his security clearance in the wake of August allegations that he had spied for Israel, was arrested Wednesday after turning himself in on charges of supplying classified information on Iran to lobbyists of a pro-Israel group, the American Israel Public Affairs Committee (AIPAC) [official website]. AIPAC's main office has been searched twice and employees have been questioned during the FBI's investigation of Franklin. The passed information apparently concerned possible attacks on the US military in Iraq. The connection to Iran is still unclear. AP has more.

2:15 PM ET - Read the DOJ press release on Franklin's arrest.






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Serb general pleads not guilty to Kosovo war crimes
Jeannie Shawl on May 4, 2005 11:01 AM ET

[JURIST] Former Serbian police general Sreten Lukic [ICTY case backgrounder] pleaded not guilty Wednesday at the International Criminal Tribunal for the former Yugoslavia [official website] to charges of overseeing the murder, deportation and persecution of Kosovo Albanians in 1999. Lukic, who is charged [ICTY indictment] with four counts of crimes against humanity and one count of violations of the laws or customs of war, initially delayed his plea [JURIST report] while he underwent medical exams. Lukic has been indicted with three other Serbian generals for their role in the Kosovo conflict, during which over 12,000 Kosovo Albanians were murdered. Reuters has more.






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French president urges positive vote on EU constitution
Jeannie Shawl on May 4, 2005 10:05 AM ET

[JURIST] French media said Wednesday that the latest television appearance by French President Jacques Chirac [official bio] calling on voters to endorse the European constitution [official website; treaty text] was largely a success. Chirac participated in a televised town hall meeting [JURIST report] in April, but French commentators called the appearance a failure [JURIST report] after Chirac struggled to persuade young voters to support the EU constitution. Chirac's interview with French television Tuesday, where he described the text as "the best possible constitution for France," has been received more favorably. French press reports say that Chirac seemed more relaxed and his appearance was described as confident and effective. Chirac's television appearance comes after two polls indicated that "yes" votes are gaining ground [BBC report], though other polls still indicate that a majority of voters plan to reject the EU constitution in the May 29 referendum. Chirac appealed to voters Tuesday, saying that the constitution "is essentially of French inspiration," and that "You can't say 'I'm a European' and 'I'm voting no'." Read a full transcript (in French) of the interview, and watch recorded video. AFP has more. Le Figaro has local coverage.






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US-Iran clash over agenda slows NPT review conference
Jeannie Shawl on May 4, 2005 9:28 AM ET

[JURIST] The ongoing tension between US and Iran over Iran's pursuit of nuclear technology is threatening to stall the 2005 Nuclear Non-proliferation Treaty Review Conference [official website], where representatives of more than 180 nations have gathered to review the workings of the Nuclear Non-proliferation Treaty [UN backgrounder]. Though the month-long conference opened Monday [JURIST report], a complete and final agenda for the conference has not yet been set. The US has pushed for the agenda to focus on "developments" relevant to treaty implementation, understood to mean Iran's recent efforts to pursue nuclear technology. Iran's foreign minister Kamal Kharrazi told conference delegates [statement transcript, PDF; archived video] that Iran is "determined to pursue all legal areas of nuclear technology, including enrichment, exclusively for peaceful purposes." Conference president Sergio de Queiroz Duarte has called for governments to show "genuine cooperation, wisdom and enlightened statesmanship," and an official close to the agenda negotiations said late Tuesday that an agreement has almost been reached. AP has more.






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Annan says Security Council reforms will not alter veto entitlement
Jamie Sterling on May 4, 2005 9:06 AM ET

[JURIST] UN Secretary General Kofi Annan [official profile] said Tuesday that expecting any of the five permanent members of the UN Security Council [official website] to endorse reforms that would give other nations the same veto powers they already enjoyed would be "utopian". Annan has acknowleged the need for reform in the set-up of the UN's chief decision-making body, which currently has 15 members, five of which (the US, Russia, France, Britain and China) have unlimited veto power. He recently advanced a proposal that which would add six permanent Council seats. Italy Monday suggested a variant that would create a group of regional semi-permanent seats [JURIST report]. Neither plan gives another country veto power, however, and according to Annan, it would be impossible to try to either strip the permanent members of their veto power or entitle other countries to possess veto power. AP has more.






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Lead defense lawyer withdraws from Moussaoui case
Jeannie Shawl on May 4, 2005 9:06 AM ET

[JURIST] Frank Dunham [profile], the public defender appointed to head the defense for Zacarias Moussaoui [case docket], has withdrawn from the case and will not be part of the legal team working to save Moussaoui from a death sentence. Moussaoui, who pleaded guilty to conspiracy charges [JURIST report] last month for his involvement in the 9/11 terror plot, filed a handwritten motion [PDF] Tuesday asking US District Judge Leonie Brinkema to remove Dunham and another attorney from the case. Brinkema denied the motion [order, PDF], saying there was no basis for Moussaoui's claim of ineffective assistance of counsel. Brinkema wrote that "The difficulties faced by defense counsel have stemmed largely from defendant's unwillingness to cooperate with them." Brinkema noted, however, that "the concerns expressed by defendant may be partly mooted by Mr. Dunham's recent withdrawal from the case, which now requires expertise in issues regarding the penalty, not the guilt, phase." No further reason has been given for Dunham's withdrawal. Reuters has more.






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UPDATE ~ Judge questions England guilty plea after psychologist testimony
Jamie Sterling on May 4, 2005 8:46 AM ET

[JURIST] Following up on a earlier report in JURIST's Paper Chase, Judge Col. James Pohl asked Pfc. Lynndie England late Tuesday whether she wanted to consider withdrawing her guilty plea [JURIST report] after her childhood psychologist testified to her reduced mental capabilities [AP report]. Thomas Denne, England's psychologist since kindergarten, testified that she had been oxygen-deprived at birth, resulting in learning disabilties and confusion which caused her to routinely follow the commands of authority figures without question. After dismissing the newly-selected jury [JURIST report], the judge noted that the witness indicated that England could not tell right from wrong, which could throw her guilty plea into doubt. The judge only accepted England's plea after repeatedly questioning her as to whether she knew her actions were wrong at the time. England did not withdraw her plea. Reuters has more.

11:53 AM ET - Judge Col. James Pohl stopped proceedings in the England trial Wednesday to once again question the validity of Pfc. England's guilty plea. Pvt. Charles Graner, the alleged father of England's child who was himself convicted [JURIST report] in connection with the Abu Ghraib scandal, testified today that England believed her actions were part of standard prison procedure and that she specifically followed his orders to hold the leash that was around the one Iraqi detainee. Judge Pohl informed England that the trial evidence has demonstrated that she may not be guilty. If necessary, Pohl could still reject England's guilty plea and postpone her trial to a later date. Reuters has more.






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Air Force investigating constitutionality of religious activities at Academy
Jamie Sterling on May 4, 2005 8:18 AM ET

[JURIST] Acting Air Force Secretary Michael L. Dominguez [official profile], announced Tuesday that the Pentagon will investigate reported religious activities at the Colorado Springs United States Air Force Academy [official website] to determine if the climate there respects the Establishment and Free Exercise clauses of the US Constitution. Alleged on-campus proselytizing and favoritism for Christians came to light [Americans for the Separation of Church and State report, PDF] after internal surveys and reports of religious discrimination from cadets. The Air Force Academy recently launched a religious respect training program [Air Force Academy press release] directed at "educating cadets, faculty members and base employees on the importance of respecting the spiritual beliefs of a diverse force". This is the second legal investigation at the Academy in two years; the first involved gender discrimination against 150 female cadets. The latest task force will be lead by Lt. Gen. Roger A. Brady [official profile], who is expected to publish a report by May 23. Americans United for Separation of Church and State [advocacy website] have welcomed the probe [press release] and say they will monitor the proceedings closely; the conservative Focus on the Family [advocacy website] has meanwhile criticized the investigation, saying that if the Air Force were to ignore religion, they would ignore "the ultimate meaning of life." Read the Air Force Secretary's press release on the investigation. AP has more.






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