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Legal news from Wednesday, December 21, 2005 |
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BREAKING NEWS ~ Federal appeals court denies Padilla transfer from military custody
Jeannie Shawl on December 21, 2005 4:00 PM ET

[JURIST] AP is reporting that the US Court of Appeals for the Fourth Circuit [official website] has denied the Bush administration's request to transfer Jose Padilla [JURIST news archive] from military to civilian law enforcement custody. Padilla, a US citizen, was detained over three years ago for allegedly planning to detonate a radioactive "dirty bomb" in the US, but was indicted [JURIST report] in November on 11 other counts, including conspiracy to murder US nationals and providing material support to terrorists. The Justice Department then requested that Padilla be transferred from a Navy brig in South Carolina to DOJ custody. The Fourth Circuit did not immediately rule on the request [JURIST report], instead saying it needed more time to consider the transfer because the indictment [PDF text] contained different allegations than those on which Padilla was originally detained.
4:14 PM ET - The Fourth Circuit also denied a government request that the court withdraw its earlier opinion [JURIST report] in the case. The Fourth Circuit ruled [JURIST report] in September that the government could hold Padilla indefinitely as an "enemy combatant" without charge. That decision is currently on appeal to the US Supreme Court, although the Court has not yet decided whether to grant certiorari. Judge Michael Luttig wrote Wednesday: Because we believe that the transfer of Padilla and the withdrawal of our opinion at the government's request while the Supreme Court is reviewing this court's decision of September 9 would compound what is, in the absence of explanation, at least an appearance that the government may be attempting to avoid consideration of our decision by the Supreme Court, and also because we believe that this case presents an issue of such especial national importance as to warrant final consideration by that court, even if only by denial of further review, we deny both the motion and suggestion. If the natural progression of this significant litigation to conclusion is to be pretermitted at this late date under these circumstances, we believe that decision should be made not by this court but, rather, by the Supreme Court of the United States. Read the court's full decision [PDF].


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BREAKING NEWS ~ Saddam claims beatings, torture in detention
Jeannie Shawl on December 21, 2005 11:24 AM ET

[JURIST] AP is reporting that Saddam Hussein [JURIST news archive] has claimed in trial proceedings Wednesday in Baghdad that he has been beaten "everywhere on my body" while in detention. Hussein's allegations came during an extended outburst during proceedings [JURIST report] Wednesday at the Iraqi Special Tribunal [official website] and the chief prosecutor said that if Hussein had been beaten by the US-led Multi-National Force in Iraq [official website], he would be transferred to the custody of Iraqi forces. AP has more.
12:10 PM ET - Hussein said that he and two other co-defendants had "all been beaten and tortured by Americans" as part of a lengthy complaint about the conditions of his detention. Hussein also said that the marks of beatings suffered at the hands of his US captors still remained on his body. Earlier this month, Hussein boycotted the trial [JURIST report], calling the court 'unjust' [JURIST report] and complaining about conditions in which he is being held. A spokesman for the US Embassy in Baghdad has denied Hussein's allegations [CNN report].
3:54 PM ET - White House Press Secretary Scott McClellan on Wednesday called Hussein's torture allegations "one of the most preposterous things I've heard from Saddam Hussein recently." Also Wednesday, Christopher Reid, Regime Crimes Liaison at the US Embassy in Iraq, answered questions about the Saddam Hussein trial [transcript] in an online chat. Responding to a question about Hussein's claims, Reid wrote: I can tell you that the defendants are always watched by many people, and the people assigned to keep them in custody have always been extremely professional whenever I have observed them.
I have heard the defendants complain constantly about the food they get in the courthouse (it is the same food that the judges, prosecutors and defense counsel get -- and it is what I eat, too), and about the type of cigarettes they are supplied. I know that the soldiers who guard them have it rougher than they do. Until today, I never heard Saddam make these allegations.
... I absolutely think that Saddam has made up the allegations and used them to ambush the judge and distract from the testimony. But ANY allegation, no matter how suspect, will be investigated by the Iraqi and Coalition authorities.
The defendants have had many opportunities to report any allegations of beatings or mistreatment to the tribunal or to the coalition, or to their attorneys. I think the timing of the allegations says a lot about their veracity. Before the court adjourned for the day, Hussein also told the court that he was ill [Reuters report], and asked that the court "consider this from the humanitarian and legal point of view." Hussein asked permission to address the court on Thursday, and said that time was important, but did not elaborate further. AFP has more.


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FISC judge resigns in protest over NSA domestic surveillance
Jeannie Shawl on December 21, 2005 8:53 AM ET

[JURIST] US District Judge James Robertson [official profile], one of 11 members of the Foreign Intelligence Surveillance Court (FISC) [constituitive statute], has resigned in protest over the National Security Agency's secret domestic surveillance program [JURIST report], according to a report Wednesday in the Washington Post. Robertson submitted his resignation letter to Chief Justice John Roberts late Monday, and though he didn't provide a reason for his resignation, two sources told the Post that Robertson has expressed concern about the program authorized by President Bush to conduct warrantless wiretaps on international communications by US residents with known links to al Qaeda or other terrorist organizations. The FISC was established under the Foreign Intelligence Surveillance Act (FISA) [text; FAS materials] to oversee government surveillance in intelligence cases, and Robertson is said to have expressed concern that the NSA program is legally questionable and could have tainted the work of the FISC. The New York Times reported Wednesday that despite White House denials, the NSA program has occasionally captured purely domestic communications [NYT report], though the number of such interceptions was small and was caused by a technical glitch in determining whether a communication was international. AP has more.
In another development in the domestic spying saga, the ACLU has said that documents it obtained under a Freedom of Information Act request show that the FBI has used counterterrorism resources to monitor domestic animal and environmental rights organizations without sufficient evidence [press release] that the groups are engaging in or supporting violent action. The ACLU says this FBI monitoring of advocacy groups, including People for the Ethical Treatment of Animals and Greenpeace, who have not broken the law "has a chilling effect on the vibrant tradition of political dissent in this country." The FBI insists that it has conducted its investigations in accordance to US law and Justice Department regulations and that the ACLU has mischaracterized passing references in FBI files. AP has more.


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Saddam trial resumes as former ruler ends boycott of proceedings
Jeannie Shawl on December 21, 2005 8:14 AM ET

[JURIST] The Saddam Hussein trial [JURIST news archive] resumed in Baghdad Wednesday, with the former ruler ending his boycott of court proceedings [JURIST report]. The Iraqi High Criminal Court (formerly the Iraqi Special Tribunal [official website]) heard testimony from its ninth witness, Ali Mohammed Hussan al-Haydari, who was 14 during the 1982 massacre in Dujail [JURIST report] and whose family was tortured. Hussein, who made frequent outbursts during earlier trial sessions, only interrupted proceedings twice - once to imply that the witness had not described Hussein with the proper respect and a second time to ask the court to break for prayer, which presiding Judge Rizgar Mohammed Amin denied. Also Wednesday, Amin rejected a prosecution attempt to bar foreign lawyers from participating as part of Hussein's defense team. In November, former US Attorney General Ramsey Clark and former Qatari justice minister Najib al-Nuaimi joined the defense team [JURIST report]. Defense lawyers also repeated their security concerns. Two defense lawyers for Hussein's seven co-defendants [Reuters report] have been assassinated [JURIST report] since proceedings began. Meanwhile, Iraqi Justice Minister Abdel Hussein Shandal on Wednesday called the trial judges unqualified [SAPA report], saying that despite their foreign training, they have showed incompetence by refusing to deal with outbursts from Hussein and other defendants. Shandal criticized the court's failure to deal with "suspects who violated court procedures in public, some of whom offended the judges and the panel of public prosecution," but Amin defended his running of the court as "judicially legal". AP has more. BBC News provides additional coverage.


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