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Legal news from Wednesday, December 28, 2005 |
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Padilla lawyers urge Supreme Court to review detention
Joshua Pantesco on December 28, 2005 12:54 PM ET

[JURIST] Lawyers for so-called "dirty bomber" Jose Padilla [JURIST news archive] have responded [reply brief, PDF] to the government's contention that Padilla's US Supreme Court appeal [certiorari petition, PDF; JURIST report] is moot and should be denied, insisting that his case "raises questions of profound constitutional importance about the government's military power over citizens in the homeland." US Department of Justice lawyers petitioned the Court [opposition brief PDF] last month to deny review, arguing that because Padilla has now been indicted [PDF indictment; JURIST report], he has been given the "very relief" he sought when he filed his habeas appeal, and that a Court ruling on the case would "have no practical effect" on Padilla. The US Fourth Circuit Court of appeals ruled [opinion, PDF; JURIST report] in September that Padilla, an enemy combatant, could be held indefinitely without charge. Padilla's reply filed Tuesday also includes mention of recent legal developments, including the discovery of the Bush administration's widespread use of warrantless surveillance tactics [JURIST news archive], that raise questions about the executive branch's power to conduct the war on terror with little judicial oversight. The Supreme Court is expected to decide whether to hear the case by mid-January; Padilla's first appeal to the Court in 2004 was denied due to lack of jurisdiction. The Washington Post has more.


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Toronto mayor assails US gun laws after fatal downtown shooting spree
Joshua Pantesco on December 28, 2005 12:32 PM ET

[JURIST] After a fifteen year-old girl was killed and six bystanders were injured Monday in a random shooting spree on a busy downtown shopping street, Toronto Mayor David Miller [official website] said Tuesday that weak US gun laws are partly to blame for a recent surge of violence in Canada's largest city. The shooting death was the 52nd gun-related fatality this year in Toronto. That's almost twice as many as last year, although with a municipal population of three million people, that still averages a rate of only 1.73 gun-related deaths per year per 100,000 people, much lower than the US 2002 national average of 10.3 gun-related deaths per year per 100,000 [AAP statistics]. Miller said of the killings, "It's a sign that the lack of gun laws in the U.S. is allowing guns to flood across the border that are literally being used to kill people in the streets of Toronto." Canadian Prime Minister Paul Martin [official website], who has already pledged a nationwide handgun ban [JURIST report] if re-elected in January, has said that over half of all gun deaths in Canada are committed using illegally-imported US firearms. On a visit to Canada in October when Martin raised the issue of US guns coming onto Canada illegally, US Secretary of State Condoleezza Rice parried criticism by insisting that "There are problems on both sides of the border that can cause the smuggling of guns" and saying that US authorities were cooperating with their Canadian counterparts [CNEWS report] to stop the practice. AP has more.


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Rights group asks G8 to lobby Putin against restrictive NGO bill
Joshua Pantesco on December 28, 2005 12:13 PM ET

[JURIST] Monitoring group Human Rights Watch [website] Wednesday asked [press release] the G8 [backgrounder], the heads of government of the major industrial democracies, to convince Russian President Vladimir Putin not to sign a controversial bill that would create an oversight group with greatly increased control over the funding and activites of non-governmental orginizations, including the Russian arms of a number of international human rights groups. The legislation, on its way to Putin after approval [JURIST report] Tuesday by the Federation Council [official website], the Russian upper house of parliament, implements strict registration requirements, imposes financial oversight, and provides for dissolution of NGOs if an organization participates in activities deemed to deviate from the groups' explicit mission statement. The legislation has been partially amended to address criticisms since the Russian Duma, the lower house, passed its first version, but HRW and other BGO representatives say that the changes do not go far enough. Putin has said that the legislation would prevent foreign interests from financing political activities within Russia through NGOs. Russia takes over the presidency of the G8 [Russian G8n presidency website] from the UK in January 2006. CBC has more.


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Ex-Enron chief accounting officer to testify against executives under plea agreement
Kate Heneroty on December 28, 2005 9:56 AM ET

[JURIST] Former Enron [JURIST news archive] Chief Accounting Officer Richard Causey [profile] has reached a deal with prosecutors and is expected to plead guilty Wednesday to one or more criminal charges and a reduced prison sentence in exchange for his testimony against former bosses Kenneth Lay [defense website] and Jeffrey Skilling [BBC profile]. Causey, who was responsible for Enron's public accounting statements, faces 35 charges of fraud, conspiracy, insider trading, lying to auditors and money laundering for his role in misleading investors regarding the health of Enron's balance sheet. Former Enron Chief Financial Officer Andrew Fastow [BBC profile] has already agreed to testify, pleading guilty [plea agreement, PDF] to wire and securities fraud charges and receiving a ten year prison sentence. Causey is expected to be a stronger prosecution witness than Fastow because he was not personally enriched by Enron's fraudulent balance sheet transactions and has not been demonized in the media to the same extent. Jury selection for Skilling and Lay's trial is scheduled to begin on January 17. AP has more. The Houston Chronicle has local coverage.
3:20 PM ET - Reuters is reporting that Causey has told the judge presiding in his case that he will plead guilty.
3:35 PM ET - Causey has pleaded guilty to a single count of securities fraud; under the plea agreement prosecutors have committed themselves to asking the judge for a seven-year sentence which could be reduced to five if Causey "provides truthful, complete and accurate information." The court could still impose a maximum ten-year sentence, however.


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