[JURIST] Seven federal appellate judges who have worked with US Supreme Court nominee Samuel Alito [official profile; JURIST news archive] testified before the US Senate Judiciary Committee [official website] Thursday on the fourth day of his confirmation hearings, saying that Alito would be an independent and ethical justice. Democrats on the Judiciary Committee opposed the testimony of the jurists, citing the judicial code of ethics that states “[a] judge shall not testify as a character witness.” Senator Russell Feingold (D-WI) [official website] asked Alito if he will have to recuse himself from any case appealed to the Supreme Court if one of the seven judges that testified on his behalf were involved, and Alito avoided answering the question. In response, Republicans on the Judiciary Committee distributed a fact sheet referring to previous confirmation hearings where judges testified, including the hearings for Justice Clarence Thomas, former Chief Justices William Rehnquist and Warren Burger, and failed Reagan nominee Robert Bork. Senior Judge Edward R. Becker [official profile] stated that the judges have a unique perspective on Judge Alito as colleagues on the same bench. The seven described Alito as a “highly ethical jurist who never has made decisions based on any political ideology.” Senior Judge Ruggero J. Aldisert [official profile] stated that “[j]udicial independence is simply incompatible with political loyalties, and Judge Alito’s judicial record on our court bears witness to this fundamental truth.” The Senate Judiciary Committee wrapped up Alito's own portion of the confirmation hearings [JURIST report] earlier Thursday. Final witnesses called by both Republicans and Democrats will appear Friday. AP has more.

[JURIST] Croatia [JURIST news archive] plans to ask the government of Australia [JURIST news archive] to extradite former Serb commander “Captain Dragan” Vasiljkovic [News.com report], charged with war crimes committed during Croatia’s 1991-1995 independence war. Croatia accuses Vasiljkovic of torturing and killing Croat soldiers, civilians and prisoners of war and of involvement in the forced expulsion of entire villages in Serb-held territories in southern Croatia while he commanded a Serb paramilitary unit. Vasiljkovic, a dual citizen of Australia and Serbia, told prosecutors he would return to Croatia “only as the commander of a tank brigade” and claimed that the Croatian government fabricated evidence that the citizens would not accept. Though Vasiljkovic repeatedly denied committing any crimes against humanity in media interviews, he has admitted to training Serbian recruits, interrogating enemy soldiers, killing in combat and leading attacks on command posts during the Balkans war. Vasiljkovic has already served as a key witness [BBC report] for the prosecution in the ongoing trial of former Yugoslav President Slobodan Milosovic [UN backgrounder] at the International Criminal Tribunal for the Former Yugoslavia at The Hague. Former ICTY [JURIST news archive] deputy prosecutor Graham Blewitt said in December that Australia has become a safe haven for war criminals [JURIST report] avoiding prosecution because more than 30 suspected war criminals have been granted temporary residency there. The Australian has more.

[JURIST] The US Ninth Circuit Court of Appeals [official website] Thursday dismissed a free speech suit by Yahoo! Inc. [official website] challenging a $15 million fine [CNN report] imposed on the company five years ago by a French court for running an auction site displaying Nazi memorabilia, which is banned in France. Yahoo! sought legal protection for US Internet portals displaying content that is illegal in foreign countries, but is domestically protected by the First Amendment [text]. The Yahoo! France [website in French] website allowed French users to buy and sell the banned Nazi memorabilia via the US website. The opinion did not settle the key issue of whether US-based internet service providers are liable for damages in foreign courts for displaying content that is unlawful overseas, skirting it issue saying it is not likely that the French would ever enforce the judgment. The Ninth Circuit doubted that Yahoo’s free speech rights were violated, but did agree that US companies could turn to federal courts when overseas judgments inhibit speech protected in the United States. The Ninth Circuit heard oral arguments [JURIST report; MP3 recorded audio] in the case last March. Read the opinion here [PDF]. AP has more.

[JURIST] The US Justice Department filed a motion [PDF text] with the US Supreme Court Thursday to dismiss for lack of jurisdiction a case brought by Salim Ahmed Hamdan challenging President Bush's authority to establish military commissions to try Guantanamo Bay detainees [JURIST news archive] for war crimes. The Court agreed to hear Hamdan's case [JURIST report] last November. The DOJ's argument centers on the Graham-Levin Amendment [JURIST document], part of a defense-spending bill [text] signed into law in December which limits the ability of Guantanamo prisoners to challenge their detentions in federal courts. The government argues that the Amendment applies retrospectively to cases already brought by detainees, and not just prospectively. The government cited the same law last week when it moved to dismiss more than 180 cases pending the US DC District Court involving prisoners who have challenged their detention. Senator Carl Levin (D-MI) [official website], who co-sponsored the Amendment as passed, has insisted that the administration cannot use the new law [press release; JURIST report] to dismiss already filed habeas corpus petitions from Guantanamo prisoners. Reuters has more.

[JURIST] Leading Thursday's environmental law news, the Alaska Bureau of Land Management [official website] has issued [PDF press release] a Record of Decision [PDF text] Wednesday that will open approximately 500,000 acres of land in the National Petroleum Reserve [backgrounder] in Alaska to oil and gas drilling. The RoD contains amendments to the Final Environmental Impact Statement [PDF text] including setting aside roadless areas within the area to protect goose and caribou habitat areas. AP has more.

In other environmental law news...

• The Boeing Co. [corporate website] has agreed to pay $30 million to settle a lawsuit that claimed a partial nuclear meltdown at the company's Santa Susana Field Laboratory [corporate website] in Ventura County CA caused many nearby residents to get cancer. The accident occurred in 1959, but did not create much concern until a disclosure in 1989 of continuing low-level nuclear and chemical contamination. AP has more.
  
  
• Criminal charges have been brought against former treatment plant supervisor Robert Lee Shewell and plant engineer Joseph Edward Ambrozewicz, Jr. for conspiring to coverup a raw sewage spill at the Aberdeen Proving Grounds [official website] in Maryland. The men had worked for the Maryland Environmental Service [corporate website], an independent, quasi-state agency that had operated the wastewater plant at the base. The spill occurred when sewage overran a containment pit and went into a marsh that adjoined the nearby Gunpowder River. The men allegedly submitting reports claiming that the spill was of water that had already been treated. The Baltimore Sun has more.

[JURIST] DNA test results [text, PDF; press release] released Thursday by the State of Virginia have apparently confirmed the guilt of Roger Keith Coleman [advocacy website], who was convicted of the 1981 rape and murder of his sister-in-law and was executed in 1992 despite a significant effort by death penalty [JURIST news archive] opponents to stay the sentence. The Centre of Forensic Sciences [official website] in Toronto, Canada, concluded that "The probability that a randomly selected individual unrelated to Roger Coleman would coincidentally share the observed DNA profile is estimated to be 1 in 19 million." Virginia Governor Mark Warner [official website] ordered the tests [JURIST report] last week, marking the first time a governor has requested DNA testing to potentially exonerate someone who has already been executed. A 1990 DNA test suggested that Coleman's DNA would match around 2% of Virginia's Caucasian and African-American population; Warner ordered the most recent test, using newer, more accurate technology, to lay the controversy surrounding Coleman's professed innocence to rest. AP has more.

[JURIST] The European Parliament [official website] Thursday opened an official investigation [press release] into allegations that several European countries allowed the CIA to secretly detain prisoners [JURIST report] within their borders and airspace as part of the US "war on terror". The investigation will determine:

- whether the CIA or other US agents or intelligence services of other third countries have carried out abductions, "extraordinary rendition", detentions at secret sites, torture, inhuman or degrading treatment of prisoners on EU territory or in acceding or candidate countries, or have used this territory to these ends, for example by through flights to or from such countries;

- whether such actions, which would have been carried out as part of the fight against terrorism, could be considered a violation of Article 6 of the EU Treaty, of certain provisions of the European Convention on Human Rights, of the Charter of Fundamental Rights and of other international treaties and agreements, including EU-US agreements on extradition;

- whether EU citizens have been detained;

- whether EU Member States or institutions have been involved or have been complicit in the illegal deprivation of the liberty of individuals."

[JURIST] UN High Commissioner for Human Rights Louise Arbour [official website], currently on a one-week mission [UN press release] to Uganda [JURIST news archive], expressed concern Thursday about fundamental human rights problems in the northern area of the country where government forces have been fighting the infamous Lord's Resistance Army (LRA) [Global Security backgrounder]:

The situation in northern Uganda remains extremely grave and this gravity raises serious concerns...People are deprived of social, material and human rights needs...There is violation of human dignity in the [refugee] camps. People complained about lack of access, violations of their rights, denials of health and economic rights...The most severe violation is the total incapacitation of the people to participate in decisions concerning their future. They express their needs in the very short term and the deprivation of hope is very serious."

[JURIST] On Thursday, the District Court judge hearing the emergency lawsuit brought by families of a group of Cubans [JURIST report] who were deported for failing to reach US land criticized the government's reasoning supporting the deportation order. The Cubans had reached an abandoned bridge piling in the Florida Keys region, and because the bridge was no longer connected to land, according to the government, the Cubans had not satisfied the so-called "wet-foot, dry foot" deportation policy allowing Cubans to remain in the US if they reach US land. While refraining from an immediate ruling on the issue, the judge mentioned that "the average person would say that's a ridiculous distinction" whether the bridge was actually connected to land or not. The plaintiffs are challenging the policy as contrary to US an international law and are seeking the return of those turned away and a clarification of what constitutes US territory under the deportation policy. AP has more. The Miami Herald has local coverage.

[JURIST] The US Senate Judiciary Committee [official website] completed its questioning of Supreme Court nominee Judge Samuel Alito [official profile; JURIST news archive] on Thursday, the fourth day of its confirmation hearings for the Third Circuit jurist. Alito, who appears headed for approval, declared his admiration for his predecessor, Justice Sandra Day O'Connor [OYEZ profile], praising "her integrity and her dedication to the case-by-case process of adjudication." Before questioning began, committee chairman Sen. Arlen Specter (R-PA) [official website] said that an overnight search of Concerned Alumni of Princeton [Wikipedia backgrounder] records uncovered no evidence that Alito was an active member of the controversial Ivy League alumni group upon which Democrats focused some of their questions [JURIST report] Wednesday. Meanwhile, Sen. Joseph Biden (D-DE) [official website], a member of the committee, denounced the nomination hearing process [AP report] in a TV interview Thursday morning, saying it served no purpose because nominees dodge the panel's questions and suggesting that instead, nominations should proceed directly to the Senate floor for a vote. The confirmation hearings are now concluding with testimony from outside witnesses. AP has more.

[JURIST] Syrian officials announced Thursday that President Bashar al-Assad [BBC profile] would not submit to questioning by the UN probe into the assassination of former Lebanese president Rafik Hariri [JURIST news archive]. Information Minister Mahdi Dahkl-Allah claimed that the refusal stemmed from concerns over preserving Syria's sovereignty and intimated that an informal meeting between the investigators and Assad in Syria is still possible. The news comes on the heels of last week's decision to allow foreign minister Farouq al-Shara to meet with UN investigators [JURIST report]. The UN Security Council [official website] has previously threatened "further action" against Syria if it does not cooperate fully with the UN probe. AP has more.

Also on Thursday, former Vice President Abdel-Halim Khaddam [Wikipedia profile] accused Assad of ordering Hariri's assassination [UN materials] in an interview [text; recorded video] with Britain's Sky News. Syria recently announced plans to try Khaddam, who was expelled from Syria's ruling Baath party [JURIST report], for high treason [JURIST report]. Reuters has more.

[JURIST] Ligue Iteka [official website], a human rights group in Burundi, on Thursday criticized this week's release of 673 political prisoners [JURIST report] held for alleged crimes related to Burundi's 12-year civil war [Global Security backgrounder]. Ligue Iteka director Jean Marie Vianey Kavumbagu questioned the process for identifying and freeing political prisoners, who were evaluated for release by a commission of magistrates and politicians. Kavumbagu also expressed concern that the released prisoners may seek retribution against witnesses and survivors of the fighting which stemmed from the assassination of President Melchior Ndadaye [Wikipedia profile], who was elected in Burundi's first multi-party polls in 1993, by a Tutsi ethnic minority group. Reuters has more.

[JURIST] Tenet Healthcare [corporate website], the country's second-largest private hospital chain, on Thursday agreed to a $215 million settlement [press release] to end class action shareholder lawsuits alleging that some of the company's officers and directors misled investors about Medicare expenses. The for-profit company confirmed that insurance will cover $75 million of the settlement, while former chairman and CEO Jeffrey Barbakow and former COO Thomas Mackey, who both resigned in 2003, will contribute $1 million and $500,000 respectively. The lawsuits, originally filed in 2002, contained accusations of breach of fiduciary duty, mismanagement and unjust enrichment. US District Courts in Los Angeles and Santa Barbara, California must approve the settlements since they would end pending litigation in those courts. The company still faces DOJ and SEC investigations into alleged billing misconduct [JURIST report]. Bloomberg has more.

[JURIST] Foreign ministers from England, France, and Germany said Thursday that negotiations with Iran over its efforts to resume nuclear fuel research [JURIST report] had reached a "dead end", and recommended that the nation be referred to the UN Security Council [official website]. US Secretary of State Condoleezza Rice [official website] said last week that the US would consider such a move [JURIST report] if Iran continued its plans. No specific measures have been suggested for council to take, which has the power to issue sanctions. Iranian president Mahmoud Ahmadinejad decried the opponents of the program as "a group of bullies" that wanted to "deprive nations of their legal and natural rights", while insisting that Iran's program had only peaceful purposes. Russia and China would also have to approve of a referral, and so far they have indicated opposition to such a move. The International Atomic Energy Agency [official website] will hold an emergency meeting [Sky report] and Russia has indicated that it may reconsider its position. AP has more.

[JURIST] Ukrainian Justice Minister Serhiy Holovaty said in a statement Thursday that the Ukrainian parliament's dismissal of the government [BBC report] earlier this week was illegal because the vote did not meet the necessary two-thirds majority. On Tuesday Holovaty warned that the country had been plunged into "legal chaos" [JURIST report] by the move, although Thursday he appeared to back away from this, saying that if the country's Supreme Court did not overturn the decision, Ukrainian President Viktor Yushchenko [JURIST news archive] would ensure that the country's laws were observed. Yushchenko himself demanded Thursday that parliament cancel its earlier decision, taken because officials had agreed to pay much higher prices for gas imported from Russia. He spoke at a cabinet meeting and tore up a memorandum of cooperation between his government and the opposition, accusing the Ukrainian Parliament [official website] of trying to destabilize the country. A top Yushchenko official also hinted once again at the possibility of holding a national referendum on the constitution [JURIST report] that could return to Yushchenko powers that were given back to parliament January 1 as part of the deal which brought the "Orange Revolution" in Ukraine to a successful and peaceful conclusion last year. Thursday's Financial Times has more; RIA Novosti has local coverage.

[JURIST] A court in Copenhagen Thursday found five Danish soldiers guilty on two of four counts of abuse against Iraqi prisoners, but refused to sentence the soldiers [BBC report] due to "extenuating circumstances". The judge noted that unclear procedural rules and outdated training mitigated the offenses. The five were charged in connection with an incident in 2004 [JURIST report], and were convicted of verbally humiliating the prisoners and forcing them to kneel uncomfortably during interrogation. They were acquitted of charges that they withheld access to food, water, and toilets. Despite the lack of sentence, Reserve Capt. Annemette Hommel and the four military police officers said they plan to appeal. Reuters has more.

[JURIST] US Army Maj. Gen. Geoffrey Miller has invoked his right not to incriminate himself by refusing to answer questions in two courts-martial against soldiers accused of using dogs as an intimidation tactic at the US-operated Abu Ghraib prison facility [JURIST news archive] in Iraq. Miller, who helped establish operations at Abu Ghraib, invoked his military Article 31 rights [FLETC backgrounder], similar to Fifth Amendment rights for civilians, after a military judge ruled that he could be questioned by lawyers representing the dog-handlers. Miller's defense lawyer said he decided not to answer questions because he has repeatedly interviewed [JURIST report] over the last few years about his time in Iraq and his supervisory role at Guantanamo Bay [JURIST news archive]. Military lawyers representing the dog-handlers, however, have said that Miller's refusal to answer further questions indicates he may have information that intimidation orders were given by a higher chain of command and not simply independent actions by a few soldiers. Miller has previously apologized [JURIST report] for "illegal" acts committed by soldiers at the Abu Ghraib prison. The Washington Post has more.

[JURIST] A federal bankruptcy judge ruled on Wednesday that several civil lawsuits against the Archdiocese of Portland in Oregon [official website] alleging sexual abuse by priests [JURIST news archive] should go to trial. The archdiocese filed for bankruptcy in 2004 [JURIST report] on the day that a suit asking for over $100 million in damages was scheduled to go to trial. The filing froze civil litigation and after attempts to settle claims through mediation failed, US Judge Elizabeth Perris sent several cases back to either state or federal court. While the ruling allows the suits to proceed, questions still remain about the value of the archdiocese's assets and if the sale of church property can be ordered. The two sides widely dispute the amount of money available and the archdiocese's means to raise more. Archdioceses in Spokane, Washington and Tuscon, Arizona have also filed for bankruptcy protection. Reuters has more. The Oregonian has local coverage.

[JURIST] AP is reporting that Jose Padilla [JURIST news archive] has pleaded not guilty in federal district court to 11 charges, including conspiracy to murder US nationals and providing material support to terrorists. Padilla was detained over three years ago on suspicion of planning to detonate a radioactive "dirty bomb" in the US but was indicted [JURIST report] on the 11 unrelated counts in November. Prior to being charged, Padilla had appealed to the US Supreme Court [cert. petition, PDF; JURIST report], asking for a reversal of a Fourth Circuit ruling [opinion, PDF; JURIST report] that allowed Padilla's indefinite detention without charge. Department of Justice lawyers have requested the case be dismissed as moot [opposition brief, PDF; appendix, PDF], arguing that a ruling would have "no practical effect" on Padilla as his habeas appeal requested that he be charged with a crime, which was the "very relief" granted by virtue of the 11 unrelated charges. The Supreme Court has not yet decided whether to grant certiorari in the case.

11:29 PM ET - AP now has more.

[JURIST] Detroit Catholic Auxiliary Bishop Thomas Gumbleton, 75, became the first US Catholic bishop to publicly admit he was sexually abused by a priest after he met with Ohio lawmakers Wednesday in support of a state bill [text] proposing the extension of time limits for victims to sue the church. Gumbleton said he had been abused by a priest in a seminary when he was 15, but is still embarrassed to discuss the incident today, and said he therefore understood why many victims do not meet the two to five years limitations period in most states. Ohio bishops agree with extending the civil limitations period for future clergy sex abuse [JURIST news archive] cases, but have argued against a lengthy extension, suggesting that internal church procedures are adequate to handle older abuse incidents. The state bill has unanimously passed in the Ohio Senate [official website] and is now being reviewed by the Ohio House of Representatives [official website]. In Detroit, archbishop Cardinal Adam Maida issued a statement saying he was "saddened" by Bishop Gumbleton's report, and that the Detriot Archdiocese had not previously been made aware of the allegation. AP has more.

[JURIST] The US Department of Justice [official website] has indicated it may file a lawsuit against New York state for failing to modernize its voting procedures in accordance with the Help America Vote Act of 2002 [text]. The state Board of Elections [official website] has received over $220 million in federal money to upgrade voting machines, train election workers, and create a statewide database of registered voters. But the money has been gathering dust (and interest) as logjams in Albany have caused delays that have left New York behind every other state in moving towards compliance. States were supposed to have new machines in place for the 2006 elections; New York doesn't expect this to happen until September, leaving only a short amount of time to familiarize voters and poll workers with them. The Board of Elections is still holding public hearings about new voting machine regulations [press release]. New York also failed to come up with a new voter database by the January 1 deadline, and might not have it in place until December or next January. The DOJ hopes to negotiate a settlement with the state before a lawsuit needs to be filed. The New York Times has more; the Albany Times Union has local coverage.

[JURIST] An attempt by a special prosecutor to try former Mexican president Luis Echeverria [Wikipedia profile] on genocide charges for the massacre of hundreds of students during a 1968 demonstration was rejected by Wednesday by the Mexican Supreme Court [official website]. The high court refused to hear an appeal from a judge's decision not to issue an arrest warrant [JURIST report] for Echeverria and other officials linked to the killings. The charges were levied after an investigation into the country's so-called "dirty war" against leftist activists in the 1960s and 70s. Echeverria, who governed Mexico from 1970-76, was accused of orchestrating a calculated government effort, in his role as interior secretary at the time, to attack and kill students who took to the streets in protest. The ruling Wednesday is the latest setback for prosecutors, who were also denied arrest warrants against the former president [JURIST report] in a separate case, this one involving the killing of protesters during Echeverria's presidency in 1971, in what became known as the "Corpus Christi massacre" [GWU backgrounder]. Echeverria has denied involvement in both attacks. Reuters has more.

[JURIST] US Ambassador to the UN John Bolton [official profile] and representatives from other UN member countries resumed negotiations Wednesday on the creation of a new UN rights watchdog to replace the Human Rights Commission [official website]. At the closed door meeting, Bolton presented several proposals [prepared remarks] and cautioned that allowing countries who commit human rights abuses to serve on the body "mocks the legitimacy of the Commission and the United Nations itself." During the September summit on UN reform [JURIST news archive], UN members agreed to create a new rights council [JURIST report] and negotiators hope to reach agreement on the final terms [JURIST report] of the proposed council before the Commission's next scheduled meeting in March. Bolton has proposed that countries under Security Council sanctions for rights violations should be "categorically excluded" from sitting on the new council and that there should be no more than 30 members, with fair representation of regions. Reuters has more. The UN News Centre has additional coverage.

[JURIST] Electoral results [press release] released by the Independent Electoral Commission [official website] in the Democratic Republic of Congo [JURIST news archive] Wednesday certify the landslide approval [JURIST report] of the new Congolese constitution [draft text, in French; AP summary]. In December, 84 percent of the approximately 15 million voters who cast their ballots [JURIST report] voted to grant greater autonomy to mineral-rich provinces, lower the minimum age to become president from 35 to 30, and paved the way for parliamentary and presidential elections to be held in March. The constitution, which was written by a transitional government, also aims to increase female participation in government and decentralize authority. Critics say the presidential age provision was included to allow 34-year old Joseph Kabila [BBC profile], who has ruled the country since his father's assassination in 2001, to run for office. AP has more.

[JURIST] Mehmet Ali Agca [Wikipedia profile], a Turkish man who shot Pope John Paul II [official website; JURIST news archive] in 1981, was released from a Turkish prison Thursday to cheers from a crowd of nationalist supporters. After serving 20 years in an Italian jail, Agca was extradited to Turkey to serve five additional years in prison for the previous murder of Turkish journalist Abdi Ipekci [profile]. Last week, a Turkish court decided to release Agca on parole [JURIST report]. Some Turks, including Ipekci's family, denounced the release [BBC report], calling Agca a "national assassin" who had stained the country's reputation. Others, including two men who hijacked an Air Malta airliner to demand Agca's release, praised the decision. Agca may still face charges [JURIST report] for evading military service or be forced to enlist in the military, which accepts conscripts under the age of 41. AP has more.

[JURIST] Lawyers for Guantanamo Bay [JURIST news archive] detainee and Canadian citizen Omar Khadr [JURIST news archive] on Wednesday asked the judge presiding over Khadr's military trial to delay proceedings so that Khadr could secure counsel with more trial experience. Khadr, 19, faces charges [US DOD chargesheet, PDF; DOD press release] of conspiracy, murder and attempted murder stemming from a 2002 firefight in Afghanistan outside an al Qaeda compound, where Khadr is alleged to have thrown a hand grenade that killed US medic Chris Spear. Khadr's military appointed lawyer, Army Capt. John Merriam, who has no trial experience, argued that the pre-trial hearing shouldn't continue until it is decided whether another lawyer will be brought in to lead the defense. The presiding officer only agreed to extend the hearing, but refused to delay the proceedings indefinitely. Rights groups have criticized the proceedings against Khadr, who was only 15-years-old when he was arrested, saying that the US government has ignored his rights as a child, but the chief prosecutor in the case has insisted that the system provides for full and fair hearings [JURIST report]. Presiding officer Col. Robert Chester will hear legal motions the week of March 27 for legal motions and evidentiary hearings are to start May 22. No trial date has been set. The Canadian Press has more.

Previously in JURIST's Paper Chase...

• Gitmo prosecutor defends war crimes case against Canadian teen
• Military trials set for Canadian, Yemeni Guantanamo detainees
• Pentagon says no death penalty for Canadian Guantanamo detainee
• US charges five more Guantanamo detainees with war crimes
• Judge orders Canada to stop questioning Gitmo teen
• Canadian Gitmo detainee claims torture by US interrogators
• Judge denies request for medical records, exam of teenage Gitmo
• Canadian Gitmo detainee admits to al-Qaida ties, killing of US soldier

ALSO ON JURIST  Topic: Military Tribunals | Op-ed: Guantanamo Process as a Public Danger

[JURIST] A German court sentenced Iraqi Lokman Amin Mohammed to seven years in prison Thursday for recruiting fighters and raising money to support the insurgency in Iraq. Prosecutors say Mohammed played a key role in the Western Europe branch [JURIST report] of insurgent group Ansar al-Islam [Wikipedia backgrounder], smuggling wounded Iraqi fighters into Europe for medical treatment. Mohammed is the first person to be convicted in Germany under a law passed after September 11, which makes participation in a foreign terrorist organization a criminal offense. Defense lawyers admitted Mohammed was committed to a "holy war" but asked for leniency arguing the attacks in Iraq were prompted by an "illegal" US occupation. Reuters has more. Deutsche Welle has local coverage.

[JURIST] Members of the US Senate Judiciary Committee [official website] will continue their questioning of Supreme Court nominee Judge Samuel Alito [official profile; JURIST news archive] into the fourth day of his confirmation hearings Thursday following Wednesday testimony dominated by questions concerning abortion and Alito's membership in a controversial Princeton alumni association. Alito was pressed on his refusal to disavow a 1985 memo where he wrote "the Constitution does not protect a right to an abortion." Alito did not comment on how he would rule on abortion cases, and though he has refused to call Roe v. Wade "settled law" as Chief Justice John Roberts did during his confirmation hearings in September, Alito has promised to view the issue with an "open mind" [JURIST report]. Alito claimed to have no recollection of involvement with the Concerned Alumni of Princeton (CAP) [Wikipedia backgrounder], a group which previously voiced its opposition to admitting additional women and minorities to the university, even though he listed CAP as a reference on a 1985 job application with the Reagan Administration. He nonetheless denounced as offensive an article written by CAP in 1983 which stated, "People nowadays just don't seem to know their place. Everywhere one turns, blacks and Hispanics are demanding jobs simply because they're black and Hispanic...Homosexuals are demanding the government vouchsafe them the right to bear children...And now come women." At the request of Senator Edward Kennedy (D-MA) [official website; press release on Alito and CAP], members of the Senate Judiciary Committee will be seeking records and press coverage of the group from the Library of Congress [official website]. The Washington Post has more. VOA has additional coverage.

ALSO ON JURIST  Op-ed: Alito Day 3: Drama Over CAP | Op-ed: Alito Day 3: Effective Equanimity