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Legal news from Saturday, July 16, 2005




Egyptians hedging on extradition of London bombing detainee
Christopher Tate on July 16, 2005 4:16 PM ET

[JURIST] Egyptian security officials hedged Saturday on their willingness to comply with a request by British officials for the extradition of Magdy Mahmoud Mustafa el-Nashar, currently detained in Cairo in connection with the July 7 bombings in London [JURIST report]. Egypt and Britain do not have an extradition treaty, and comments from Egyptian Prosecutor General Maher Abdel Wahed about a possible "quid-pro-quo" exchange seem to suggest a desire on the part of the Egyptian government to gain extradition of Egyptian nationals living in Britain as refugees. Britain has repeatedly turned down requests by Egypt for such an extradition, citing concern for Egypt's human rights record [Amnesty International report]. Nashar was arrested Thursday and investigators have found traces of explosives in his bathtub; he is currently being questioned by Egyptians under British observation. AP has more.






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Kyrgyz Constitutional Court declares victor in presidential elections
Christopher Tate on July 16, 2005 4:12 PM ET

[JURIST] The Kyrgyz Constitutional Court Saturday declared interim Prime Minister Kurmanbek Bakiyev [official website in Russian;, Wikipedia profile] the winner of the Kyrgyz presidential election, held on July 10 after the resignation of former president Askar Akayev [JURIST report]. Article 45 of the Kyrgyz Constitution mandates that the Constitutional Court review the results after they are certified by the country's Central Election Commission [officail website, in Russian]. Bakiyev received over 80% of the vote. Itar-Tass has more.






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Bush says high court nominee will represent "mainstream of American law"
Christopher Tate on July 16, 2005 3:01 PM ET

[JURIST] In his weekly radio address [streaming audio, transcript], President Bush Saturday described his model candidate to replace retiring Justice Sandra Day O'Connor [JURIST report] as "a fair-minded individual who represents the mainstream of American law and American values" and "will pledge to faithfully interpret the Constitution and laws of our country." He also called on Senate leaders from both sides of the aisle, with whom he met earlier this week [JURIST report], to "rise above partisanship" in a confirmation that is expected to be bitter, no matter the nominee. Bush pointed to the confirmation process for Justices Ruth Bader Ginsburg and Stephen Breyer [OYEZ profiles] as examples of expeditious and respectful proceedings. Reuters has more. For ongoing speculation and commentary on possible nominees, visit the Supreme Court Nomination Blog.






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French interior minister promises deportation for radical Islamic clerics
Christopher Tate on July 16, 2005 2:58 PM ET

[JURIST] French interior minister Nicolas Sarkozy [Wikipedia profile] stated Friday that France will continue to punish anyone preaching militant Islam in France with deportation. For over a year now, France has formally embraced a deportation policy for anyone using Islam to incite violence [BBC report]. There are fears among the French Muslim community that the decision will fuel anti-Islamic sentiments. Six percent of the French population is Muslim. BBC News has more.






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Swiss UN report calls on Israel to dismantle fence when suicide bombs subside
Christopher Tate on July 16, 2005 2:57 PM ET

[JURIST] A report submitted by Switzerland Friday to the UN General Assembly [official website] in its capacity as guardian of the Geneva Conventions [reference guide] called on Israel to promise disassembly of the West Bank Security Fence [official website] if and when the threat of Palestinian suicide bombings subsides. The report also urged swift action by the Palestinian authority to continue efforts to end that sort of violence. The report was requested last year after an advisory opinion [text] by the International Court of Justice [official website] declared the barrier illegal [JURIST report]. Reuters has more.






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Iraqi court official says Saddam trial date still not set
Holly Manges Jones on July 16, 2005 11:37 AM ET

[JURIST] An official from the Iraqi Special Tribunal [JURIST news archive; official website] established to try Saddam Hussein said Saturday that no date has been set for the former dictator's trial, despite a report earlier this week that the date would be set soon [JURIST report]. Responding to reports that the trial could take place in the next two months, the official said, "These are just predictions and we are not responsible for such statements." He confirmed that investigations are nearly complete into Saddam's role in Shiite villager murders as retaliation for an assassination attempt against him in 1982. But investigations into other crimes against humanity and genocide could take more time. After the investigations are completed, the information will be sent to a chief judge to set the trial date. Reuters has more.






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US soldiers charged with assaulting suspect insurgents in Baghdad
Holly Manges Jones on July 16, 2005 11:27 AM ET

[JURIST] The US military command in Iraq Saturday announced charges against eleven US soldiers [Multi-National Force statement] for violating the Uniform Code of Military Justice by assaulting several suspected insurgents. The charges were filed Wednesday and came after another soldier provided information on the alleged abuse. The Army's Criminal Investigation Division. [official website] is investigating to determine if the troops will be court-martialed. No medical treatment was necessary for the suspects allegedly assaulted, and only one of the "suspected terrorists" is still being detained. The military has not yet released the names of the eleven US troops. AP has more.






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Oil-for-food investigators uncover "gross mismanagement"
Holly Manges Jones on July 16, 2005 11:10 AM ET

[JURIST] Iraq's deputy UN ambassador Fesial al-Istrabadi said Friday that independent investigators have found evidence of "gross mismanagement" and potential corruption in the UN Oil-for-Food program [JURIST news archive] related to currency exchange rates with the fluctuating dinar. Independent Inquiry Committee [official website] investigators, led by former US Federal Reserve Chairman Paul Volcker [Wikipedia profile], have been looking into questionable expenditures by the UN Compensation Commission [official website] and whether the Iraqi government should be paid for overcharges by UN agencies. A spokesperson for the UN said the group would have no comment on the mismanagement allegations until the final report is released as expected in September. AP has more.






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US lawyer wrongly accused in Madrid bombings alleges privacy violations
Holly Manges Jones on July 16, 2005 10:38 AM ET

[JURIST] Gerry Spence [law firm website], the lawyer for Brandon Mayfield, the Muslim-convert Portland attorney arrested and accused of involvement in Madrid's 2004 terrorist bombings, said in court [JURIST report] Friday that FBI agents intentionally withheld information from a judge in order to obtain a material witness arrest warrant for his client. Spence said the government did not disclose that Spanish officials disagreed that the fingerprints found on a bag of detonators matched those of Mayfield, who was later released with an apology [FBI press release]. Mayfield has filed a suit [JURIST report] against the US Department of Justice [official website] alleging that wiretaps and secret searches of his home allowed under the Patriot Act [text, PDF] are unconstitutional. Mayfield is also requesting that computer files and papers taken from his home should be returned, but the DOJ is arguing that the documents are necessary to develop its defense against the Patriot Act challenge. AP has more.






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Court says US not obliged to regulate global warming gases
Holly Manges Jones on July 16, 2005 9:55 AM ET

[JURIST] The US DC Circuit Court of Appeals ruled [opinion, PDF] Friday that the Environmental Protection Agency (EPA) [official website] was correct in denying a nonprofit group's petition [case chronology] to regulate industrial gases and automobile emission pollutants that contribute to global warming [EPA backgrounder]. After the EPA rejected the request by the International Center for Technology Assessment [official website], several states and cities argued that the Clean Air Act [text] obligated the agency to step in and regulate the gases. But the Bush administration focused on an opinion written by the EPA's head lawyer in 2003, which said the EPA lacked that authority. The appeals court opinion avoided the larger question of whether the EPA actually lacks the regulation authority, with Judge A. Raymond Randolph [profile] saying the court should allow the agency to make judgments for questions "on the frontiers of scientific knowledge." The states involved in the case were California, Connecticut, Illinois, Maine, Massachusetts, New Jersey, New Mexico, New York, Oregon, Rhode Island, Vermont and Washington. AP has more.






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