[JURIST] The US Senate [official website] voted 49-42 late Thursday to block Guantanamo Bay [JURIST news archive] detainees from challenging their imprisonment in US federal courts. The legislation, proposed [JURIST report] by GOP Senator Lindsey Graham (R-SC) [official website], conflicts with the 2004 US Supreme Court ruling in Rasul v. Bush [opinion text], which held that according to Court's interpretation of congressional intent, "aliens held at the base, like American citizens, are entitled" to challenge their detention. The amendment, attached to the 2006 Defense Appropriations Bill [summary], received the support of three Democrats. Graham said of the amendment that "in the law of armed conflict, no nation has given an enemy combatant, a terrorist, an al-Qaida member the ability to go into every federal court in this United States and sue the people that are fighting the war for us." In response, Senator Jeff Bingaman (D-NM) [official website] said "It's contrary to the way the court decisions have come down already. It is an extraordinary step for this Congress to be taking." AP has more.

[JURIST] US Supreme Court Justices Sandra Day O'Connor [OYEZ profile], Anthony Kennedy [OYEZ profile] and Stephen Breyer [OYEZ profile] Thursday briefly debated the possibility of media cameras in the chambers of the US Supreme Court [official website] during an ABA symposium [event website]. Senators predicted [JURIST report] Wednesday that recently introduced legislation [text] authorizing the televising of all Supreme Court hearings will easily pass both houses of Congress. Justice Kennedy was the most receptive to the idea, arguing that cameras could help future Supreme Court litigants. Justice Breyer was primarily concerned with camera use in criminal trials, and noted that no Supreme Court justice wants to degrade the institution. Justice O'Connor brought up the televised O.J. Simpson trial, which she said made her feel "uncomfortable," as a reason not to invite cameras into the Supreme Court. AP has more.

[JURIST] The Ethiopian government on Thursday released 2,417 prisoners held without charge in connection with a violent confrontation with police that left 42 people dead last week. The riot occured during a protest against alleged ballot fraud said to have been orchestrated by the Coalition for Unity and Democracy [official website], Ethiopia's largest opposition party. Ethiopian Prime Minister Meles Zenawi [BBC News profile] announced [JURIST report] Wednesday that opposition party leaders and journalists who are alleged to have incited the riots would face charges of treason. Last June, the Ethiopian government arrested over 3,000 people [JURIST report] in connection with an election result protest that left 36 dead. Most protestors were later released [JURIST report]. Reuters has more

[JURIST] The US Department of Justice has submitted a body of proposed laws to Congress that would strengthen federal intellectual property enforcement, US Attorney General Alberto Gonzales [official profile] announced Thursday during remarks at an anti-piracy meeting [official text] in Washington, DC. Gonzales said that the Intellectual Property Protection Act 2005, the "comprehensive legislative package" designed by the DOJ, responds to the problem of evolving technologies that make production of, and access to, pirated material substantially easier. If enacted, the new laws would create the new crime of "attempting to infringe a copyright," and would stiffen prison sentences of those convicted of criminal infringement. Those convicted of such crimes would also be required to pay the copyright holder, as well as "any other victim of the offense" for any out-of-pocket costs the infringement caused. CNET News has more.

[JURIST] A Pentagon spokesperson has said that US Secretary of Defense Donald Rumsfeld [official profile] is authorized to override the new Department of Defense Directive [PDF text; JURIST report] released Tuesday requiring all interrogations of detainees to be conducted in a humane manner. The authority to override the directive comes from the text of the new rule, stating

Intelligence interrogations will be conducted in accordance with applicable law, this Directive and implementing plans, policies, orders, directives, and doctrine developed by DoD Components and approved by USD(I), unless otherwise authorized, in writing, by the Secretary of Defense or Deputy Secretary of Defense

[JURIST] US Attorney for the Eastern District of Louisiana [official website] Jim Letten has announced that his office is conducting a criminal investigation into alleged corruption of individuals involved in the design, construction and maintenance of the flood barriers of the New Orleans levee system, which failed during Hurricane Katrina [JURIST news archive] and led to extensive flooding of the city in the days after the storm. The investigation has already turned up possible conflicts of interest among public officials, as well as other evidence of wrongdoing. In addition to federal investigations announced Wednesday, Louisiana Attorney General Charles Foti [official profile] on Tuesday announced that his office is investigating the possibility of a civil suit against the levee designers [JURIST report] because of the system's failure. AP has more.

[JURIST] Representatives of the NAACP [advocacy website] and the ACLU Voting Rights Project [advocacy website] testified before the US House Judiciary Committee [official website] Wednesday as to how Congress should modify the Voting Rights Act [US Department of Justice backgrounder] when it comes up for renewal in 2007. The witnesses advocated [hearing transcripts, PDF] that Congress modify the "retrogression" standard established in Section 5 of the Act because its current interpretation takes voting power away from minority groups. At one point, the Act's retrogression standard allowed a legal challenge to any redistricting plan if plaintiffs could show that the plan diminished minority groups' ability to elect the candidate of their choosing. In 2003, however, the US Supreme Court in Ashcroft v. Georgia [opinion] modified the standard, ruling instead that plaintiffs must show the redistricting plan would affect minority groups "influence" over an election. Laughlin McDonald, the director of the ACLU Voting Rights Project, said that the Supreme Court's interpretation of the retrogression standard had turned it into a "subjective, abstract, and impressionistic" standard. AP has more.

[JURIST] A federal grand jury has issued 31 new indictments against five former Enron [JURIST news archive] executives, five months after their original case ended in acquittal and mistrial [JURIST report]. Among those facing charges are Joseph Hirko, the former co-chief executive of Enron Broadband Services, and Rex Shelby, a technology executive, who face a total of 13 charges [indictment, PDF], including security and wire fraud and insider trading. The remaining executives will be tried separately. Hirko and Shelby's trial is expected to begin next September 5. Reuters has more. The Houston Chronicle has local coverage.

[JURIST] A federal judge has issued a preliminary injunction against a Michigan law [PDF text] that banned retailers from selling or renting violent video games to minors. US District Judge George Steeh ruled Wednesday that the statute could not be enforced until a lawsuit filed by the Entertainment Software Association [advocacy website; press release] on behalf of the gaming industry is resolved. According to Steeh, the injunction was proper because under controlling law, the gaming industry was likely to ultimately prevail in its lawsuit and that the statute's restriction on the industry's First Amendment freedoms [LII backgrounder] would "unquestionably constitute irreparable injury." The gaming industry is also challenging a similar law in California [JURIST report]. Reuters has more.

[JURIST] Kevin Martin [official profile], the new chairman of the US Federal Communications Commission [official website], is preparing to release a number of backlogged indecency fines in the coming weeks after months of inaction as agency officials work to speed up the investigation and penalty process. The Commission has been trying to balance First Amendment rights with laws that forbid radio or television programs from broadcasting "patently offensive" material [FCC materials] of a sexual or excretory nature at all times except during the late night and early morning hours. The problem is compounded by the increasing irrelevance of the US Supreme Court's guiding 1978 indecency case [text] which is inapplicable to nearly 200 cable and satellite channels that do not fall under the law. Thursday's Washington Post has more.

Previously in JURIST's Paper Chase...

• FCC chair calls for more self-regulation of indecency on cable TV
• FCC chair questions extension of indecency rules
• FCC, Congress move to speed evaluation of indecency complaints

[JURIST] The United States military has again denied several allegations [JURIST report] that forces used white phosphorus [CDC factsheet; GlobalSecurity.org backgrounder] against Iraqi civilians during a 2004 military assault on the insurgent-controlled city of Fallujah. The military did, however, confirm a report on Italian state television that coalition forces had used thirty MK 77 firebombs - a weapon with destructive characteristics similar to that of napalm - against military targets in Iraq in March and April 2003. US Marine Major Tim Keefe described the substance as a conventional munition and insisted that, "Suggestions that US forces targeted civilians with [white phosphorus] weapons are simply wrong." Reports that US forces fired white phosphorous rounds into Fallujah, causing severe burns, were first circulated at the time [SF Chronicle report], and rights organizations expressed repeated concerns over alleged violations of international humanitarian law [JURIST report] during the siege. The US responded by denying the allegations [USINFO report] and saying that US forces were "not using any illegal weapons in Fallujah or anywhere else in Iraq." Although the use of incendiary weapons against civilians has been banned by a protocol [text] to an international weapons treaty since 1980, according to officials from the United Nations [official website], the US has refused to sign the relevant provision. Reuters has more.

[JURIST] An Iraqi government spokesman said Thursday that the Iraqi Special Tribunal [official website] can appoint new defense lawyers in the cases of former dictator Saddam Hussein [JURIST news archive] and his aides if the current lawyers fail to appear for the next hearing. "Defence lawyers have said they will boycott the next court hearing scheduled for November 28. The High Tribunal is the only one able to rule on this, and is free to appoint other lawyers or choose any other solution," spokesman Leith Kubba told a group of reporters. The statement comes after the murder of defense team member Adil al-Zubeidi [BBC report] Tuesday and the subsequent cessation of contact [JURIST report] between the remaining lawyers and the court. Two weeks ago, Sadoon al Janabi, a lawyer for one of Hussein's co-defendants, was kidnapped and murdered [JURIST report], prompting the other lawyers to request that the trial be moved abroad. AFP has more.

Previously in JURIST's Paper Chase...

• Saddam lawyers sever contact with Iraq court over latest lawyer murder
• ICC president says Hague has no jurisdiction over Hussein trial
• Saddam defense team asks UN to press for venue change
• Saddam lawyers announce court boycott over security demands
• Bush says Baghdad safe for Saddam trial
• Iraqi government promises heightened security for Saddam trial lawyers
• Saddam defense team demands delay or foreign trial venue after lawyer murder

[JURIST] The United States has written the blueprints for a new constitution in Bosnia [government website; CIA backgrounder] that aims to create a more centrally governed parliamentary democracy, the Guardian reported Thursday. The text is the result of seven months of secret negotiations between US officials and Bosnian politicians and is said to be fully backed by the US Department of State [official homepage]. The new document is hoped to simplify and stabilize the current constitution [text], which created one of the world's most ineffective and complex governments. Leaders of Bosnia's eight main governing parties are expected to travel to Brussels on Friday for negotiations on the draft which would create legislative and executive branches that wield the full powers of the entire nation. This full and "normalized" government would be Bosnia's first since its creation in 1995 following the Yugoslavian war. The Guardian has more.

[JURIST] The chairman of the Senate Select Committee on Intelligence, Pat Roberts (R-KS) [official website], has told Senate leaders that Congress should not push for a probe into the leak of classified information on secret prisons to the Washington Post until the Department of Justice finishes its own investigation [JURIST report]. Earlier this week, Senate Majority Leader Bill Frist [official website] and House Speaker Dennis Hastert [official website] called for a Congressional investigation [JURIST report] into who leaked information on secret CIA prison facilities in Eastern Europe, rumored to be used to detain international terror suspects. Roberts said he will "respectfully" ask that Frist and others reconsider their request for an immediate investigation. A spokeswoman for Frist said the majority leader had not decided how to respond. The Washington Post has more.

4:08 PM ET - The House Intelligence Committee [official website], meanwhile, will conduct an investigation into the possible leak of classified information about the secret CIA prisons, a Congressional aide said Thursday. AP has more.

[JURIST] As Australia's parliament begins debating tough new anti-terrorism laws [JURIST report], Australian Prime Minister John Howard [official profile] said Thursday that he is considering revoking the citizenship of Australians who are convicted of terrorism crimes. Howard and Attorney General Philip Ruddock [official profile] are looking into ways to deport convicted terrorists with dual citizenship once they have served their prison sentences. "Once a person has served the sentence, if they have another nationality and they've proved they're not a very good Australian citizen, perhaps they should be returned," Howard told Sky television. The proposal to revoke citizenship comes after police arrested 17 people on terrorism-related charges [JURIST report] during raids in Sydney and Melbourne earlier this week. Reuters has more.

[JURIST] Turkey can ban the wearing of headscarves in public and private universities, the European Court of Human Rights [official website] ruled Thursday. In its judgment [text; press release], which is not subject to appeal, the court rejected Leyla Sahin's arguments that the ban unlawfully discriminated against her religious beliefs and violated the Turkish woman's right to an education. Sahin, a devout Muslim and medical student, was expelled from Istanbul University in 1998 for wearing her Islamic headscarf in violation of the state endorsed ban. To many female Muslims, the wearing of a headscarf is considered a religious duty under Islamic law [USC backgrounder]. According to the court, the ban was a permissible step toward minimizing "extremist political movements in Turkey which sought to impose on society as a whole their religious symbols and conception of a society founded on religious precepts." The decision is likely to affect similar bans on headscarves enacted recently by a growing number of other countries [JURIST report]. France's ban on religious dress [JURIST report], including headscarves, in schools is considered to be a contributing factor to the recent rioting [JURIST report] in the country. BBC News has more.

[JURIST] Several members of the US Senate Judiciary Committee [official website] predicted in a hearing [agenda and testimony] Wednesday that a bill [text] to allow the televising of US Supreme Court proceedings will soon be passed by Congress. The bill would require that Supreme Court proceedings be broadcast unless a majority of justices voted no in an individual case, and Sen. Arlen Specter (R-PA), committee chairman, said that the coverage would put "legitimate pressure" on the Court. Specter has criticized the Court for overturning federal statutes in language insulting to Congress, and he said Wednesday that "Americans would be flabbergasted" by the Court's disrespect of Congress. The Committee also heard testimony on a second proposed bill, the Sunshine in the Courtroom Act of 2005 (S. 829) [text], which would give federal appellate and trial judges the option of allowing cameras in their court rooms. US Judge Diarmuid O'Scannlain, from the US Court of Appeals for the Ninth Circuit, testified [prepared remarks] that the Ninth Circuit has had few problems since television access was allowed in 1991, saying that neither judges nor lawyers have shown a greater tendency to "grandstand" before cameras. O'Scannlain, however, also presented written testimony [PDF text] on behalf of the Judicial Conference of the United States [official website], which opposes S. 829 as applied to federal trial courts. The Legal Times has more.

[JURIST] The US Senate Judiciary Committee Subcommitee on the Constitution [official website] approved a proposed constitutional amendment, the Marriage Protection Amendment [PDF text], in a 5-4 vote Wednesday. The amendment, which defines marriage as a union between a man and a woman, will now go before the full judiciary committee and is expected to come up for a vote in the Senate next year. Sen. Arlen Specter (R-PA) [official website], chair of the Judiciary Committee, voted in favor of allowing the amendment to proceed, and said that although he opposes the amendment it shouldn't "be bottled up" in committee. The amendment wouldn't take effect until it is approved by two-thirds of the US House and Senate and ratified by at least 38 state legislatures. Critics of the marriage amendment say the decision on whether to recognize same-sex marriage [JURIST news archive] should be left up to the states. Nineteen states have passed state constitutional amendments banning same-sex marriage, including Texas, where voters approved a same-sex marriage ban [JURIST report; Proposition 2 text] earlier this week. AP has more.

[JURIST] US Sen. Lindsey Graham (R-SC) [official website] has proposed legislation that would block suspected foreign terrorists held at Guantanamo Bay [JURIST news archive] from using US courts to challenge their detentions. The amendment to the 2006 defense appropriations bill [bill summary] currently before the US Senate could be voted on as early as Thursday. Human rights groups have characterized the amendment as an attack on the rule of law [CCR press release], the principle of habeas corpus and the separation of powers. Graham, however, has said the amendment is necessary to avoid "criminalizing the war" and that enemy combatants [JURIST news archive] and POWs "have never had access to federal court before." Earlier this week, the US Supreme Court agreed to hear a challenge [JURIST report] to the Bush administration's use of military tribunals [JURIST news archive] for foreign terror suspects. AP has more.

[JURIST] UK Home Secretary Charles Clarke [official profile] is taking the blame for a defeat [JURIST report] Wednesday in the UK House of Commons [official website] of a key provision of the British government's proposed Terrorism Bill [text] that would have authorized the detention of terror suspects without charge for up to 90 days. In an interview [recorded audio] with BBC Radio Thursday, Clarke said Prime Minister Tony Blair ultimately gave him the authority to decide whether to push for the 90-day detention period or accept a compromise for a shorter period noting, "Now, at the end, my judgment turned out to be incorrect and we lost the vote." Clarke admitted damage to his authority based on this individual vote, but denied that he and Blair will face roadblocks on broader issues, instead saying that the provision was rejected by civil libertarians and "ne'er do wells" who automatically choose to vote against the government. MPs decided instead to amend the anti-terrorism bill [revised text] to allow the detention of terror suspects for up to 28 days without charge. Amnesty International UK [advocacy website], meanwhile, slammed the 28-day detention term [Amnesty press release], an increase over the currently-authorized 14-day period, saying it is "a sad day when Britain’s three major political parties are publicly bartering over people’s liberty." AFP has more.

[JURIST] US Senate Democrats Wednesday launched their first concerted effort to challenge the nomination of Judge Samuel Alito [official profile; US News profile] to the US Supreme Court by requesting information regarding a 2002 case he participated in involving mutual fund company Vanguard [corporate website], with which he had a six-figure investment. Eight Democrats on the Senate Judiciary Committee [official website] sent a letter to the US Court of Appeals for the Third Circuit [official website] requesting the unpublished opinion in the case brought by a widow who claimed she was denied funds due her deceased husband. The three-judge panel ruled in favor of Vanguard and other investment firms. The letter also requested information from the White House or Justice Department regarding Alito's decision to participate in the case after he made a promise in 1990 to "disqualify myself from any cases involving the Vanguard companies." The White House responded by saying Alito has remained ethical throughout his career and that "Judge Alito looks forward to answering any questions that committee members may ask him at the hearing about this issue." US Sen. Edward Kennedy [official website] also sent a letter [text] directly to Alito questioning his decision to hear the 2002 case. The Judiciary Committee has scheduled Alito's nomination hearings to begin January 9 [JURIST report]. AP has more.

6:18 PM ET - Sen. Arlen Specter, chairman of the Senate Judiciary Committee, sent Alito a letter Thursday urging him to promptly explain why he ruled in cases involving Vanguard and Smith Barney, another firm that helped manage Alito's investments. Specter said that he believes that there was "no impropriety on [Alito's] part," but nonetheless urged the nominee to make a full public response as to why he didn't recuse himself from the cases. Reuters has more.

ALSO ON JURIST  Topic: Samuel Alito | Op-ed: Better Luck This Time: Why Alito Is Hard to Beat | Audio: Bush address on Alito nomination

[JURIST] A federal grand jury on Wednesday indicted two men on charges that they sought to smuggle three surface-to-air missiles into the US for use abroad. Chao Tung Wu and Yi Qing Chen were charged under a 2004 anti-terror law [text], marking the first time it was used, and face a mandatory minimum 25-year sentence if convicted. Both men are naturalized US citizens from China, and they were arrested as part of a larger anti-smuggling probe by the US Attorney's Office for the Central District of California [official website] known as "Operation Smoking Dragon." Both were originally charged with conspiring to distribute drugs and importing counterfeit cigarettes. Both allegedly conspired with an undercover agent who sought to purchase the missiles and told them that they would be used abroad, but the weapons were never exchanged. The US Attorney's office has a news release on the indictment. AP has more.

[JURIST] The US Department of Defense [official website] said Wednesday that it will not seek the death penalty in the cases of any of the five newly charged Guantanamo Bay detainees or the four previously charged, including David Hicks and Salim Ahmed Hamdan [charge sheets, PDF]. The Pentagon had previously indicated that it would not seek the death penalty against Canadian teenager Omar Ahmed Khadr [JURIST report]. The Defense Department did not say why it would not seek the death penalty in any of the cases, although the decision was based on recommendations by military prosecutors and was made final by John Altenburg [official profile, PDF], who is overseeing the military commissions [JURIST news archive]. All five of those most recently charged face allegations of attempted murder [JURIST report], while Khadr is also charged with the murder of a US soldier. The trial of David Hicks is scheduled to begin Nov. 18 [JURIST report] unless it is stayed due to a challenge to the military commissions pending before the US Supreme Court [JURIST report]. Reuters has more.

ALSO ON JURIST  Topic: Military Tribunals | Op-ed: Guantanamo Process as a Public Danger | Text: Military commission procedure changes [8/05]

[JURIST] US Secretary of State Condoleezza Rice [official profile] on Wednesday reaffirmed that the US meets international standards in its treatment of terror suspects, despite rising debate [JURIST report] over the issue. Rice told [transcript of remarks] an American Bar Association international law gathering [Rule of Law symposium] that the US has always respected international legal obligations. President Bush said earlier this week that the US has not tortured [JURIST report] suspected terrorists, and the US Senate has approved a proposed ban on torture and other inhuman treatment of prisoners [JURIST document], though there are doubts the legislation will be signed into law. Beginning Thursday, Rice is traveling in the Middle East, where the US has become increasingly unpopular for its continued detention of Muslims suspected of terrorism at Guantanamo Bay [JURIST news archive]. The first country the Secretary will visit is Bahrain, where recent headlines proclaimed the release of three men [Gulf News report; JURIST report] held at Guantanamo for nearly four years after they were arrested in Afghanistan. AP has more.

[JURIST] The European Commission [official website] on Wednesday granted Turkey [JURIST news archive] the sought-after "functioning market economy" status in its bid to join the EU, but it warned the government that a stronger stance on torture and human rights was needed. Winning market status for its economy is a major step in Turkey's accession efforts [EU backgrounder]. However, in its report [text], the Commission said that Turkey's status hinged on its ability to maintain recent reform efforts and stabilize the country's human rights situation. The report gave Turkey a two-year deadline [Times report] to bring its human rights conditions up to EU standards. Enlargement Commissioner Olli Rehn [official profile] expressed some concern that reform by Turkey appeared to slow somewhat since accession talks began last December. Rights of non-Muslim religious minorities and violence against women remain major concerns. Reuters has more.

Previously in JURIST's Paper Chase...

• EU: Turkey must end torture, suppression of religion before membership
• Chirac says Turkey must make major changes for EU membership
• Turkey EU bid threatened by abuse allegations
• Revised Turkish penal code comes into force as part of EU deal
• EU warns Turkey not to recriminalize adultery
• EU sets date for start of talks with Turkey, but Cyprus wrangling looms