[JURIST] The American Bar Association (ABA) [official website] is revisiting the recommendation it gave for US Supreme Court nominee John Roberts [JURIST news archive] when he was nominated for the US Court of Appeals for the DC Circuit [official website] in 2001 to determine if it will suffice as a stricter Supreme Court recommendation. The ABA's process includes interviewing more that 1,000 individuals including judges, law professors, community leaders, other lawyers, and Roberts himself. A committee of fifteen members has been created to oversee the recommendation review which will focus on Roberts' judicial temperament, integrity and professional competence. An August 20 vote is anticipated by the committee members to determine Roberts' rating of either well qualified, qualified or not qualified. AP has more.

[JURIST] The UK-based Muslim Safety Forum (MSF) [MSF Community Update] said Thursday that Muslim groups are reporting that attacks on religious minorities and Asians have grown over 500 percent since the London bombings on July 7 and July 21 [JURIST reports]. Over 230 religious crimes have been reported to London police since the bombings and an MSF spokesperson said the group is hearing "a lot of concerns and fears, particularly from women." The Islamic Human Rights Commission (IHRC) [advocacy website], which warned British Muslims not to travel or go out unless necessay [JURIST report] in the immediate aftermath of the first attacks, said its calls have also increased to 100 cases per week from the usual five or six. Meanwhile, London Metropolitan Police Commissioner Sir Ian Blair [official profile] said the crime level is actually low [JURIST report] for a city of London's size. Blair said the daily reports of racist activity before the bombings averaged 40 calls, and immediately after the July 21 bombing the number was 65 which dropped to below 30 calls on Wednesday. Reuters has more.

[JURIST] The leader of the Texas Minuteman Civil Defense Corps [association website; JURIST report], the volunteer illegal immigration patrol, resigned Thursday after accusing members in the city of Goliad of being racist. Bill Parmley had been organizing a plan to uncover illegals in Houston and other Texas areas this October, but was also working to ensure that the Hispanic Goliad community knew the Minutemen were opposed to smuggling illegal aliens into Texas and not against Hispanics in general. Parmley said other members challenged his suggestions and commented about shooting illegal immigrants or letting them thirst to death. The national leader of the Minutemen, Chris Simcox, denied that there were racist members and said while he was disappointed to see Parmley leave, he could be replaced. The Houston Chronicle has more.

[JURIST] The committee drafting the Iraqi constitution [JURIST news archive] has until Monday to request an extension if necessary and members will meet that day to decide the issue, according to a committee spokesman. The final constitution is actually not due until August 15, but the deadline of August 1 to request a six-month extension may prove material as questions on federalism, women's rights and the constitutional role of Islam [JURIST report] have yet to be formally settled. A committee spokesman has said three main sections of the draft are completed, including fundamental rights and duties, constitutional guarantees, and institutions of unitary power. If the constitution date is delayed by the six month period provided for under Iraq's Transitional Administrative Law, elections currently scheduled for December this year would also be postponed until the document is finalized in February and then approved by referendum. US Defense Secretary Donald Rumsfeld [official biography] visited Iraq this week and urged the committee to finalize the constitution [JURIST report] by the August 15 deadline. Committee spokesman Humam Hamoudi said he anticipates no delay even with the Sunni boycott after two of their members were killed [JURIST report]. AKI reports that two Sunnis already have been appointed to replace the committee members who were gunned down. Reuters has more.

[JURIST] Leading Thursday's corporations and securities law news, the US Senate Banking Committee [official website] has approved Rep. Christopher Cox [Wikipedia profile]'s nomination to head the Securities and Exchange Commission (SEC) [official website]. The nomination will now go before the full Senate for final approval. The approval followed days of questioning where Cox vowed to vigorously enforce SEC regulations [JURIST report]. The panel also approved the nominations of two other Commissiners. Reuters has more.

In other corporations and securities law news...

• A Senate panel has approved a bill to tighten congressional control of Fannie Mae [corporate website] and Freddie Mac [corporate website]. The proposed bill would force the government chartered mortgage companies to liquidate all of their non-mortgage related assets. A Freddie Mac spokeswoman said the bill ``jeopardizes future generations of homebuyers and renters.'' In a statement, Fannie Mae said they support congressional oversight of their portfolio so long as it ensures "they are conducted in a safe and sound manner." The bill faces tough opposition from Senate Democrats before it can be approved and a bill in the House that does not force the companies to sell off their assets. Bloomberg has more.
  
  
• The US Department of Justice [official website] may soon indict Joe Nacchio, ex-CEO of Qwest Communications [corporate website]. US Attorney William Leone asked a federal judge in Denver to postpone an SEC-filed civil suit against Nacchio and other former Qwest executives, a move that experts say means the DOJ plans to indict Nacchio soon. A former Qwest CFO recently pleaded guilty to insider trading and is expected to testify [JURIST report] against Nacchio. USA Today has more.

[JURIST] Leading Thursday's states brief, New Jersey Acting Governor Richard J. Codey has ordered [press release] the state's Attorney General to file suit against Delaware in the US Supreme Court over British Petroleum's [BP press release] plans to build a liquefied natural gas plant on New Jersey's side of the Delaware River. While the plant to be built on New Jersey's side of the river has strong state support, Delaware has refused to approve a 2,000 foot pier that would serve the facility. Under boundary determinations, Delaware controls the river up to the mean low-tide mark on the New Jersey shore, but New Jersey is asking the court to declare that a 1905 interstate compact gives it the right to control riparian access and structures on its side of the river, even if they extend across the border. Delaware Attorney General M. Jane Brady [official website] said the state was prepared to defend the boundary. AP has more.

In other state legal news ...

• The Washington Supreme Court ruled [text] Thursday that parts of a state initiative which bans the US Department of Energy from sending waste to a Hanford nuclear site could, if found to be constitutional, still be enacted even if other parts of the initiative are found to be unconstitutional. The US government has filed a lawsuit [DOE press release] in federal court saying that the initiative violates federal law governing nuclear waste and interstate commerce. The initiative [text] bans the US Department of Energy from sending any more waste to a Hanford nuclear site until all of the waste already at the site is cleaned up. The state court did not decided if any of the initiative is unconstitutional as that will be decided by the federal court. AP has more.
  
  
• The Washington Supreme Court also ruled [text] Thursday that the US Constitution bars noncriminal search warrants without legislation or a court rule expressly allowing them. The court has previously held that the state constitution barred administrative search warrants in noncriminal cases absent authorization for the warrant from legislation or court rules. The administrative warrant at issue in the case was issued to police officers working with city code-compliance agents on cleanup or closure of drug properties. AP has more.
  
  
• The Hawaii Supreme Court has ruled [text] that a state or city agency can "reasonably" require attendees at public hearings to show photo identification or sign a log. In the opinion, the court found the state's Administrative Driver's License Revocation Office's procedure of having attendees show photo id and sign in was reasonable and "in no way, in and of itself, deprives the parties of a public hearing." In dissent, Justice Simeon Acoba Jr. wrote the ruling "will have a deleterious and potentially inhibiting effect on the right to attend similar hearings freely and openly and without needless restriction." Honolulu's Star-Bulletin has local coverage.

[JURIST] Republican lawmakers in the Senate on Thursday agreed to delay the Streamlined Procedures Act of 2005 [text], a bill limiting the rights of death row inmates to extend appeals in federal courts, because of strong Democratic opposition. The bill would limit the ability of prisoners on death row to have their cases reviewed by federal courts in habeas corpus appeals [Wikipedia backgrounder] and restrict the length of time a case can be reviewed. Republicans and Democrats battled over the merits of the bill , with Republicans citing some of the "utterly bogus" appeals filed only to delay justice while Democrats pointed to the possibility of mistakes being overlooked, resulting in the execution of innocent people. The bill's main proponent, Senator Jon Kyl (R-AZ) [official website], agreed to delay a vote until September 2005, allowing for more expert testimony on the subject. The House of Representatives is currently considering a similar bill. Reuters has more.

[JURIST] US judge Sterling Johnson [official website] on Thursday sentenced Yemeni cleric Sheikh Mohammed Ali Hassan al-Moayad, convicted in March of conspiring to support foreign terrorist groups [JURIST report], to 75 years in prison and fined him $1.25 million. Al-Moayad and his assistant, Mohammed Zayed, also from Yemen, were arrested in Germany in 2003 after telling a federal agent posing as a US businessman that they would help him funnel money to militants. Al-Moayad was later extradited to the United States where he was acquitted of actually funding al-Qaeda, but was found guilty of providing material support and resources to Hamas. Reuters has more.

[JURIST] The US House of Representatives [official website] on Thursday approved a massive energy plan that provides huge tax breaks and subsidies to energy companies, but is predicted to only modestly reduce gas prices and US reliance on oil. The 1,725-page bill [text], finalized after weeks of compromise between the House [JURIST report] and Senate [JURIST report], would provide $14.5 billion in energy tax breaks, much of it to companies who deal in traditional sources of energy. It also provides funds for promoting renewable energy sources and creating new technologies, measures to aid the nuclear power industry and a provision effective 2007 to extend daylight savings time by one month (starting it three weeks early on the second Sunday in March, and extending it by one extra week to the first Sunday in November).The bill was approved 275-156 [roll call] with a Senate vote likely to come Friday. AP has more.

[JURIST] Ugandans voted Thursday to decide whether to allow a multiparty system, after a ban of nearly 20 years by President Yoweri Museveni [Wikipedia profile] who claimed political parties promoted tribal divisions and were responsible causing civil war. The referendum was the initial step in reforming the country's constitution [text], which prohibits political parties from campaigning in elections. Museveni agreed to reintroduce multiparty politics if a majority of voters approved, but only after international pressure. Opposition groups have largely boycotted the referendum as a waste of money, demanding reforms without a vote. An Electoral Commission official said vote counting began soon after the polls closed and provisional results would be released Friday. AP has more.

[JURIST] Lal Krishna Advani [Wikipedia profile], former deputy Prime Minister of India, was charged along with seven Hindu leaders on Thursday with inciting a mob to destroy a mosque in Ayodhya in 1992. The destruction sparked riots that killed at least 2,000 people. Opponents called the charges "politically motivated" [Press Trust of India report] and also called for a permanent replacement temple to be constructed [Press Trust of India report]. The new charges came after Advani had criticized the Indian government for repealing the Prevention of Terrorism Act [JURIST report], which he claimed might have prevented the attack. He was previously charged in connection with destroying the mosque in 2003 but the case was dismissed. AFP has more.

[JURIST] Australia has abandoned mandatory detention for some illegal immigrants, one of the most criticized provisions of its immigration law, releasing dozens of children on Thursday. Australia's courts also paved the way for over 1,000 asylum-seekers to avoid deportation. Prime Minister John Howard [official website] announced the changes last month in response to criticism [JURIST report] that the laws were too restrictive [JURIST report]. Earlier changes were criticized as well for lack of specificity in how they would be implemented [JURIST report]. The court ruling now provides that asylum seekers may not be deported when their temporary visas expire unless their country of origin is safe. AFP has more.

[JURIST] Indonesia Thursday continued to characterize an international tribunal for the 1999 East Timor violence [Wikipedia backgrounder] as "unnecessary" despite a UN report [PDF full text] formally released Wednesday that called for international oversight [UN press release]. Rights groups have also called [JURIST report] for Indonesia to go along with the UN's recommendation. Indonesia maintains that a Truth and Friendship Commission it established [JURIST report] with its former territory is sufficient to handle the cases of those involved in the rampage that took the lives of 1,500 civilians, but the UN has called it "manifestly inadequate" [JURIST report]. Reuters has more.

[JURIST] Police in Pakistan said Thursday that a key suspect wanted in connection with the abduction and murder of US journalist Daniel Pearl [Wikipedia profile] has been arrested. Mohammad Hashim, known as Arif, was arrested earlier in the week in the central Punjab town of Gujranwala. He is alleged to have coordinated the January 2002 meeting between the reporter and his kidnappers. Police officials called his arrest "a lucky break" during a routine crackdown against Islamic extremists. British-born Islamic militant Ahmed Omar Saeed Sheikh [Wikipedia profile] was sentenced to death for kidnapping and murdering Pearl [JURIST report] in July 2002 and three co-conspirators were sentenced to life in prison. BBC News has more.

[JURIST] After debate earlier this week [JURIST report], Senate Republicans have moved up a bill to shield gun companies and dealers from liability lawsuits [text], placing it ahead of a defense bill [USA Today report] for a possible vote on Friday. Senate Majority Leader Bill Frist (R-TN) [official website] said the law is needed because, "frivolous suits threaten a domestic industry that is critical to our national defense, jeopardize hundreds of thousands of jobs and put at risk that law-abiding citizens have access to guns for recreational use." Senator Jack Reed (D-RI) [official website] said the threat of litigation was being overstated [press release], citing SEC statements from gun companies that claim lawsuits do not pose a threat to their bottom line. USA Today has more.

[JURIST] The United States and five Asia-Pacific countries Thursday formally announced an agreement to fight global warming, but critics attacked the voluntary deal [Australian Greens press release] for its lack of emissions targets and claimed it undermined existing treaties. The Asia-Pacific Partnership on Clean Development and Climate - which includes the US, China, India, South Korea, Australia, and now Japan - seeks new technology to cut greenhouse gases without inhibiting economic growth and is said to go beyond the Kyoto Protocol [Wikipedia backgrounder; JURIST news archive], which the US and Australia have so far refused to ratify, by including the countries which emit more than 40% of the world's greenhouse gases. Ministers from the six countries will attend an inaugural meeting in November 2005 in the Adelaide, Australian. Reuters has more.

[JURIST] Egyptian President Hosni Mubarak [Wikipedia profile] confirmed that he would seek a fifth term in the upcoming September election, the first multi-candidate election in Egypt's recent history. Mubarak promised a transparent and fair election, which has been a contentious issue over the past year. The forgery trial of an opposition candidate regarding petition signatures was halted when a witness recanted testimony [JURIST report]. The Egyptian judiciary is also concerned that the referendum that provided for multi-candidate elections was unreliable due to fraud [JURIST report]. AFP has more.

[JURIST] The Irish Republican Army [Wikipedia backgrounder] announced Thursday that it would end its "armed campaign" and instead make its fight for Northern Ireland a purely political one. The move was characterized by British Prime Minister Tony Blair [press release] and Irish Taoiseach Bertie Ahern [Wikipedia profile] as "a momentous and historic development" [Ireland Online report]. The IRA has observed a cease-fire since 1997, but officials are still cautious about a promise to end armed action altogether [International Herald Tribune report]. There is interest from all sides in creating a new Catholic-Protestant leadership for Northern Ireland, but a lasting agreement has never materialized, in part because of actions of the IRA. AP has more.

[JURIST] Despite UN opposition [JURIST report], Zimbabwe continued its controversial demolition program on Wednesday, bulldozing a squatter township as riot police kept residents and observers out of the ruins. Zimbabwe President Robert Mugabe [Wikipedia profile] says the UN report [PDF text] condemning "Operation Drive Out Trash" (sometimes translated as "Operation Restore Order"), which has left nearly 700,000 homeless, was biased against his country [JURIST report]. Meanwhile, Mugabe Wednesday was in China, a key business partner for Zimbabwe. China is expected to use its veto power on the UN Security Council to prevent any censure of Zimbabwe for the urban renewal plan, which Mugabe says is aimed at reducing crime. Opponents say the country cannot afford the cost of restructuring after the demolitions. AP has more.

[JURIST] FBI Director Robert Mueller [official profile] went before the Senate Judiciary Committee [official website] on Wednesday to argue that Congress should provide the FBI with the power to issue its own subpoenas, without court approval, so that it can expedite information collection in terrorism investigations. Mueller gave a recent example involving North Carolina State University [university website] where FBI agents lacking a subpeona were initially rebuffed this month when they sought enrollment records for a former graduate student who may have been linked to the London bombings. North Carolina State was eventually served with three subpoenas and turned over the records. Some Senators including Dianne Feinstein [official website] (D-CA) question giving the FBI anti-terror subpoena power without some Justice Department supervision. Lawmakers are still debating whether to include FBI subpoena power in a package of amendments to the USA Patriot Act [JURIST news archive], although the subpoena power was initially rejected in the House [JURIST report]. The Chicago-Tribune has more.

[JURIST] Military lawyers cautioned US forces against using extreme interrogation tactics in early 2003, according to documents released in response to a request by Senator Lindsey Graham (R-SC) [official website]. The memorandums warned that using such methods might result in mistreatment of American POWs and criminal prosecution, international and domestic, for the interrogators. A Bush administration task force concluded, however, that the nature of the fight against terrorism would leave investigators immune. Graham, along with Senator John McCain (R-AZ) [official website] is introducing separate legislation [JURIST report] aimed at addressing prisoner treatment and conditions at Guantanamo, a move the White House opposes [New York Times report]. The New York Times has more.

[JURIST] The Metropolitan Police in London arrested nine more people [press release] Thursday in connection with the botched July 21 London bombings [JURIST report]. The arrests follow three late Wednesday [JURIST report] and four earlier in the day [JURIST report], bringing the total number of people in custody to 20, including one of the suspected bombers [JURIST report]. AP has more.

[JURIST] In a transcript obtained by the Denver Post, a Utah National Guardsmen testifying at a preliminary hearing for three US soldiers accused of murder [JURIST report] said he witnessed "classified personnel", possibly CIA agents, strike Iraqi prisoners with a wooden handle and mock them by mentioning the death of the general the three soldiers are accused of causing. Officer Lewis Welshofer, Chief Warrant Officer Jeff L. Williams, and Spc. Jerry Loper are charged with murder, assault, and dereliction of duty during combat actions for their alleged roles in the suffocation death of an Iraqi general [JURIST report] in 2003. The preliminary hearing is to decide if the soldiers should face a trial; all three have denied any wrongdoing. The CIA had no comment on the testimony. AP has more.

[JURIST] Speaking in Washington Wednesday, senior US Marine Lieutenant General John Sattler followed up urgings from US Secretary of Defense Donald Rumsfeld [JURIST report] for timely completion of the draft of the new Iraqi constitution [JURIST news archive] by saying it would be "one more nail in the coffin" of insurgents. The looming August 15 deadline has had anxious officials in both the US and Iraq pushing the Iraqi drafting committee to finish its work. Sattler said failing to keep to the schedule could open a window of opportunity for insurgents. "You need to keep it on schedule. Any time you give anyone more time to accommodate the mission at hand, you kind of open it up to slide it again and again," he said. AFP has more.

[JURIST] The US House of Representatives passed the Central American Free Trade Agreement (CAFTA) [text] early Thursday by a narrow two-vote margin, 217-215 [roll call] after a strong push by President Bush. Senate approval of CAFTA last month 54-45 [roll call] and Bush's insistence that the trade agreement with six Latin American nations would go a long way to help American workers, farmers and small businesses worked to convince the House to pass the measure. The agreement eliminates tariffs and other trade barriers between the United States and Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua and the Dominican Republican. Some Democrats and a few Republicans opposed the measure, arguing that the agreement undermines job security for American workers and leaves workers in the six other countries without labor protections. AP has more.

[JURIST] The Israeli Knesset [official website] voted 54-15 on Wednesday to limit liability for lawsuits brought against the government by Palestinians claiming compensation for damages caused by the Israel Defense Forces. The so-called "Intifada Law" allows only two instances [JURIST report] where a suit may be brought: if an IDF soldier was convicted of a traffic offense, or if a Palestinian suffers physical harm while being detained by the military. Another law passed on Wednesday, by a 59-12 vote, limits Israeli citizenship for Palestinians to those married to Israeli citizens, and requires men to be at least 35 and women to be at least 25 to be eligible. Haaretz has more.