[JURIST] The Port Authority of New York and New Jersey [official website] filed suit in a New Jersey Superior Court Friday to try to block Dubai Ports World [corporate website], a company from the United Arab Emirates [government website], from taking control of several United States ports. Citing security concerns, the Port Authority claimed that DP World violated its lease by not getting consent for its pending acquisition of Peninsular & Oriental Steam Navigation Co. (P&O) [corporate website], a London based company. The lawsuit asks the court to halt DP World's acquisition of P&O, and the court set a hearing date for March 3. Similarly, the state of New Jersey filed a federal lawsuit [JURIST report] Thursday against the Bush administration, claiming that the administration's approval of DP World's acquisition encroaches on the sovereignty of the states in violation of the 10th Amendment to the US Constitution. The governors of New York and Maryland have also threatened similar court actions [JURIST report] against the takeover.

In addition, Miami-based Eller & Co. asked [AP report] London's High Court Friday to block DP World from taking over P&O by withholding court approval of the $6.8 billion takeover. DP World has volunteered to postpone its takeover while the Bush administration tries to convince lawmakers to support DP World's acquisition. Several senators have threatened to introduce legislation to block the deal and Sen. Carl Levin (D-MI) has said that administration's approval of the ports takeover was illegal [JURIST report]. Meanwhile, Dubai Ports World hired a team of lawyers to try to save the deal, including former US Sen. Bob Dole [official profile]. AP has more.

[JURIST] Defense contractor Mitchell Wade pleaded guilty [agreement, PDF] in US District Court in Washington, DC on Friday to conspiring to funnel more than $1 million in bribes [criminal information; PDF] to former US Rep. Randy "Duke" Cunningham [Wikipedia backgrounder]. Wade, the former president of MZM Inc, a Washington firm that does classified intelligence work for the military, admitted that he intended to win federal contracts for his firm. Wade has since severed ties with MZM. In particular, Wade's purchase of Cunningham's Del Mar, California home for $1.67 million and subsequent sale of the property at a $700,000 loss sparked the interests [San Diego Union-Tribune report] of government officials. In addition, a $140,000 42-foot yacht served as a bribe that helped MZM receive an offer of $16 million in federal contracts. Assistant US Attorney Howard R. Sklamberg disclosed that Wade made about $80,000 in illegal campaign contributions [San Diego Union-Tribune report] to two members of Congress because of their potential to help award federal contracts to MZM.

Cunningham pleaded guilty [JURIST report] in November to charges of conspiracy to commit bribery, mail fraud, wire fraud and tax evasion and promptly resigned from office. He admitted to taking $2.4 million in bribes in a case that stemmed from an investigation into Wade's purchase of Cunningham's home and became a wide-ranging probe uncovering payments in cash, yacht-club fees and antiques. The San Diego Union-Tribune has more. Read the US Attorney's press release.

[JURIST] AP is reporting that the South Dakota House of Representatives has given final approval to a bill [text] that would ban nearly all abortions in the state. The state Senate approved the abortion ban [JURIST report] earlier this week.

Under the bill, doctors who perform abortions would face up to five years in jail, except when necessary to save a woman's life. The bill now goes to Governor Mike Rounds [official website] for signature. AP has more.

[JURIST] Philippines President Gloria Macapagal-Arroyo [official website] declared a national emergency in a taped television address [recorded audio] Friday after uncovering a plot to oust her from office. The state of national emergency declaration [full text of Proclamation 1017] issued under Article 2, Section 4 [text] of the Philippines Constitution keeps the judicial system intact and allows Arroyo to use the military to quash uprisings. Arroyo, who took office in January 2001 after a military revolt against former president Joseph Estrada [Wikipedia profile], ordered the arrest of three officers from elite military units and confirmed plans to arrest at least eight more officers in connection with the alleged plot forged by right-wing and communist groups. Arroyo also suspended protests and intimated that the government may seek to investigate civilian suspects as well.

The proclamation follows Arroyo's announcement [press release] on Thursday that she intends to serve the entire six-year term to which she was elected in May 2004. The early part of Arroyo's term has been marred by allegations of election fraud of which she was cleared [JURIST report] in November. AFP has more. The Manila Times has local coverage from the Philippines.

9:05 PM ET - The Integrated Bar of the Philippines [profession website] said late Friday that it would challenge Arroyo’s declaration of a state of emergency before the Philippines Supreme Court. The United States, meanwhile, has called on Arroyo to respect the rule of law, uphold civil rights and reject violence [US Embassy Manila statement]. Manila TV station INQ7 has more in its running log of the latest developments in the governmental crisis.

[JURIST] The United Nations [official website] Special Rapporteur on Human Rights and Counterterrorism Martin Scheinin sharply criticized Turkey's anti-terrorism laws [JURIST news archive] Thursday, claiming Turkey's definition of terrorism is too broad and vague with respect to local terrorist groups. In particular, Scheinin stated that the 2001 law [text] "defines terrorism based on its purpose or aims rather than referring to specific criminal acts" and expressed concern [press release] that people may be convicted of terrorist crimes without a sufficient connection to a terrorist act. Scheinin's comments come at the heels of a one-week fact-finding mission. Conversely, Turkish security forces complain that the anti-terror laws and the penal code restrict their efforts against crime and terrorism.

Turkey [JURIST news archive] has amended its laws several times to increase its likelihood of eventually joining the European Union [EU Turkey accession materials]. In an effort to conform to EU standards, Turkey has eased punishments for the press and introduced compensation for Kurdish villages who suffered losses in army operations. Scheinin offered to help Turkey reform its anti-terror legislation to raise the laws up to international norms, while urging the Turkish government to sign several multilateral accords guaranteeing civic and political rights. Scheinin particularly criticized a 1991 act aimed at calming a Kurdish rebellion in the southeast and suggested that the laws should ensure that Kurds can freely use their language and have access to education through their own language. AFP has more. The UN News Centre has additional coverage.

[JURIST] Indian officials have arrested [BBC report] Alok Tomar, editor of the obscure Indian magazine Senior India, for publishing a cartoon of the Prophet Muhammad. Officials charged Tomar with hurting religious sentiments in India, although it is unknown whether the cartoon published by Tomar resembled the Muhammad caricatures [JURIST news archive] first published in a Danish newspaper that have ignited protest and violence across the Muslim world.

Meanwhile in Malaysia, the well-known New Straits Times apologized [text] publicly on Friday for publishing a comic strip that Muslim leaders say mocked Islam despite not depicting the Prophet Muhammad. After the paper published the strip on Monday, the government demanded reasons why the newspaper should not be punished, which the government accepted in a private meeting on Thursday. The government of Muslim-majority Malaysia earlier banned [JURIST report] the original caricatures of Muhammad and indefinitely suspended the licenses of two newspapers [Berama report] that had run the cartoons that originally appeared in a Danish newspaper in September. AP has more.

[JURIST] The International Committee of the Red Cross [website] Friday called on individuals and groups in Iraq to comply with international humanitarian law [press release] while officials imposed daytime curfews in several Iraqi cities in an attempt to subdue a wave of violence resulting from Wednesday's bombing of the Askariya shrine [Telegraph report], one of Shiite Islam's holiest sites. The measures have thusfar helped to curb local violence, but violence continues in areas where the curfews were not imposed. The measure was aimed at preventing people from attending important Friday payers, which officials feared would be a target for further attacks. Late Friday local time the Iraqi government extended the curfew in Baghdad and three neighboring provinces through Saturday.

Some observers say the drastic curfew reflects the government's fear of an impending Sunni-Shiite civil war. The largest Sunni Arab bloc in the Iraq Parliament [JURIST news archive] announced Thursday it was pulling out of negotiations towards establishing a new government until the Shiite-dominated national leaders apologize for widespread retaliatory damage to Sunni mosques. The US backed Shiite and Sunni leaders who appealed for calm Thursday, and many US officials said they believe mainstream politicians understood the danger and would try to prevent a civil war. AP has more.

[JURIST] Louisiana Attorney General Charles C. Foti, Jr. [official website] has launched a probe into the state's indigent defense system in response to funding and availability problems for public defenders, especially in the aftermath of Hurricane Katrina [JURIST news archive], which has sharply decreased the number of traffic fines from which the program primarily derives its funding. Foti issued subpoenas on 20 subjects regarding the indigent defense program, but both the Louisiana Public Defenders Association and the Louisiana Association of Criminal Defense Lawyers questioned whether Foti has the power to modify the system. The state may be forced to release up to 4,000 defendants [JURIST report] who have awaited representation in prison for over six months.

Earlier this month, Judges Arthur Hunter and Calvin Johnson of the Orleans Parish Criminal District Court [official website] suspended all publicly-defended prosecutions [AP report] in their courtrooms, citing the dearth of public defenders since the indigent defense program downsized from 42 lawyers to six. On Thursday, Judge Hunter called for state legislators to appear in his courtroom in March to discuss the scarcity of funding for the program. Henry Weinstein of the Los Angeles Times has more.

[JURIST] A series of internal Canadian government memos newly declassified under the Canadian Access to Information Act [text] has increased speculation that the US Central Intelligence Agency [JURIST news archive] has flown terror suspects through Canada as part of an extraordinary rendition [JURIST news archive] program transferring them to foreign prisons. One note stamped "secret" says that over 70 flights allegedly tied to the CIA have landed at Canadian airfields in Newfoundland, Ontario, Quebec and the northern territory of Nunavut since September 11, 2001, a significantly higher number than previously believed. In January, Public Safety and Emergency Preparedness Canada [official website] said that flights thought to be connected with the CIA exhibited no evidence of "illegal activities", and the Canadian Border Services Agency [official website] and Nav Canada [official website], Canada's air traffic control authority, have claimed that all proper procedures were followed in connection with the flights.

Human rights group Amnesty International [advocacy website] nonetheless says that it fears the flights "involved the transfer of prisoners to countries where they may be tortured" and has been pressing the Canadian government on the renditions issue. In Europe, the European Parliament and the Council of Europe have already begun hearings on the alleged renditions [JURIST report], and the British government Thursday came under new pressure from MPs [JURIST news archive] to investigate claims of rendition flights through the UK. Canadian Press has more.

[JURIST] A US federal judge has refused to grant an immediate injunction against Research in Motion [corporate website], which would have shut down the company's BlackBerry [product website] wireless service in the United States. In 2003, the US District Court for the Eastern District of Virginia ruled [PDF text] that RIM violated a patent held by NTP, Inc. and NTP had asked the judge to issue an injunction shutting down BlackBerry service. That decision was upheld [PDF opinion; JURIST report] on appeal and the US Supreme Court said last month that it would not consider the case [JURIST report]. Reuters has more.

Also Friday, the US Patent and Trademark Office [official website] issued a second final rejection of one of the NTP patents at the heart of the dispute. Earlier this week, the USPTO definitively found another of the patents to be invalid [JURIST report]. CNET News has more.

2:07 PM ET - Although US District Judge James Spencer declined to order an immediate injunction against RIM, he was skeptical of RIM's argument that shutting down BlackBerry service would cripple public services and infrastructure. Earlier this week, Spencer had denied a DOJ request for extra hearings [JURIST report] and the DOJ has asked the judge to exempt government workers [JURIST report] from any shutdown of the wireless email network. Spencer noted that "the reality of the jury verdict" that RIM infringed on NTP patents has not changed and said that he would make his ruling "as soon as reasonably possible." Reuters has more.

ALSO ON JURIST  Op-ed: Bye-Bye BlackBerry? Patent Problems with Patent Litigation

[JURIST] Prince Zeid Ra'ad Zeid al-Hussein, Jordan's UN ambassador and advisor to the secretary-general on the sexual exploitation and abuse in United Nations peacekeeping operations, has told the UN Security Council [press release] that it could be three or four more years before the "unacceptably high" number of sexual abuse charges against UN peacekeepers in the Democratic Republic of Congo [JURIST news archive] can be adequately addressed through UN reforms [JURIST news archive]. Reports of abuse by members of UN peacekeeping forces first surfaced in 2004 and following initial allegations of broad abuses, UN Secretary-General Kofi Annan asked Prince Zeid [UN press release] to provide a "comprehensive strategy to eliminate future sexual exploitation and abuse in UN peacekeeping operations."

According to Prince Zeid, the mechanisms designed to facilitate complaints have been improved and a strategy is in place, though accusations remain high and may occasionally spike in the future. UN peacekeeping chief Jean-Marie Guehenno [official profile] stated that a ban on prostitution would likely be a positive step in reducing abuses. Meanwhile legal experts have been analyzing issues surrounding UN staff diplomatic immunity and conflicts of laws among the UN, countries where abuse occurs, and the governments supplying troops to those locations. An independent review report [PDF text; JURIST report], released last October, concluded that the UN is not taking proper measures to end sexual abuse during peacekeeping missions. Reuters has more. The UN News Centre has additional coverage.

[JURIST] FBI memos [documents log] released [press release] Thursday by the American Civil Liberties Union (ACLU) pursuant to a Freedom of Information Act action [ACLU materials] suggest that senior US military officials, up to and including former Undersecretary of Defense Paul Wolfowitz, were aware of and endorsed the use of harsh interrogation techniques against Guantanamo Bay [JURIST news archive] detainees, including putting hoods on prisoners, threatening them with violence, and humiliation. FBI agents assigned to temporary duty at the prison warned that these techniques were of questionable legality, but were ignored. The documents also indicate that FBI agents in Iraq were aware of detainee abuses at the US-run Abu Ghraib prison [JURIST news archive] before those become publicly known, but chose not to press military officials on the subject because it was outside their jurisdiction and they needed to sustain a good working relationship with the military.

The documents released Thursday first came to light [JURIST report] in more limited form in January 2005, prompting a military investigation [JURIST report] which recommended a reprimand for Guantanamo commander Maj. Gen. Geoffrey Miller [Wikipedia profile], later rejected by a senior officer [JURIST report]. A military spokesman Thursday downplayed the latest release of the documents, saying that they were "secondhand allegations made by people not directly involved" and that many of the allegations, including those involving the Undersecretary of Defense, had proven to be unsubstantiated. AP has more.

[JURIST] The International Criminal Tribunal for the former Yugoslavia (ICTY) [official website] on Friday rejected a request by former Yugoslav President Slobodan Milosevic [BBC profile; JURIST news archive] for provisional release [JURIST report] so that he might receive medical treatment in Russia. In the decision [text], the ICTY said they did not feel comfortable temporarily releasing Milosevic because they were not satisfied that he would return to face the remainder of his trial. Milosevic argued that it is necessary for him to return to Russia to receive medical treatment for a serious heart condition, but prosecutors said that once in Russia, Milosevic may claim that he is too ill to return for trial.

The court agreed that doctors could provide care for Milosevic in the Netherlands where he is currently on trial on 66 counts [ICTY case backgrounder] of genocide, crimes against humanity, and war crimes stemming from conflicts in Bosnia, Croatia and Kosovo in the 1990s. The trial has lasted for four years, and is expected to end this year [JURIST report]. If convicted, Milosevic faces a maximum sentence of life in prison. Reuters has more.

[JURIST] The United States and British governments knew about illegal kickbacks to Saddam Hussein's regime in Iraq over four years ago, an Australian judicial inquiry [JURIST report] into the UN oil-for-food program [JURIST news archive] was told Friday. During Friday's hearing [PDF transcript], a statement from Michael Wallbanks, manager of the Dubai branch of shipping group P&O Nedlloyd Ltd. [corporate website], was read. According to Wallbanks, the company gave information to the US and Britain about a 10 percent demand in kickbacks by the Iraqi government. Wallbanks also said that anyone involved in shipping goods to Iraq from August or September 2001 would be aware of the kickbacks.

The Cole Commission was appointed in November to investigate whether Australian companies allegedly involved in the oil-for-food scandal broke any laws. The inquiry has so far focused on the Australian Wheat Board (AWB) [corporate website], which allegedly paid $222 million in kickbacks to Iraq. AWB was the largest exporter in the oil-for-food program, and officials have adamantly denied any knowledge of the kickbacks which were disguised as transport fees. Reuters has more.

[JURIST] Defense lawyers for I. Lewis "Scooter" Libby [defense profile], former chief of staff for Vice President Cheney, have asked a federal judge to dismiss the case against him, arguing that Special Prosecutor Patrick Fitzgerald [official website] was improperly appointed to head the investigation in the CIA leak case [JURIST news archive]. In the motion to dismiss [PDF text] the indictment [PDF text], Libby's lawyers argue:

Under the Appointments Clause of the Constitution, no person may assume the power of a principal officer of the United States unless he or she has been appointed to that office by the President with the advice and consent of the Senate. U.S. Const. art. II, §2. Further, 28 U.S.C. §§516 and 519 provide that no federal officer may represent the United States in litigation without the Attorney General's direction and supervision unless the Congress has expressly authorized it. Those constitutional and statutory provisions have been violated in this case.

[JURIST] Leading Friday's international brief, South Korea has announced plans to create a national database containing the genetic profiles of individuals convicted of criminal sexual offenses and a national registry accessible by the public that would list names and addresses of convicted sex offenders. The plan would also limit the ability of convicted sex offenders to work in certain jobs, like teaching and businesses with high levels of contact with minors. Choi Jae-cheon, a legislator from the ruling Uri political party, told reporters that the planned legislation would be carefully scrutinized to ensure that the public's civil rights were not violated and that the use of the database and registry would be permissible under the South Korean Constitution [PDF text]. The plan will also allow child witnesses in court cases to have their own legal representation as well as change criminal justice laws to permit children to testify via closed-circuit television, instead of having to appear in court before the accused. JURIST's Paper Chase has continuing coverage of South Korea [JURIST news archive]. Chosun Ilbo has local coverage.

In other international legal news ...

• Kenyan President Mwai Kibaki [official profile] has appointed former Kenyan ambassador Bethuel Kiplagat to head up an newly reconstituted Constitutional Review Commission. The previous attempt by Kibaki's administration to reform the Constitution led to widespread protests and an embarrassing defeat in a national referendum [JURIST report] which rejected the government-approved draft constitution. The panel will be comprised of 15 members, mainly pulled from academia, the legal profession, and a few former government officials, as opposed to the previous commission, which was criticized as consisting of "yes-men" for Kibaki. JURIST's Paper Chase has continuing coverage of Kenya [JURIST news archive]. The Kenyan Broadcasting Corporation has local coverage.
  
  
• Nine Hindu Indians were convicted by an Indian sessions court for setting fire to the Best Bakery [Wikipedia backgrounder] in Vadodara, India during anti-Muslim riots in 2002. The nine individuals were sentenced to life imprisonment after having originally been acquitted of any criminal wrongdoing, along with 14 others, in a "fast-track" court proceeding in 2003. The Indian state of Gujarat [government website] appealed the acquittal [Rediff.com report] and the appellate court granted a retrial. Eight other defendants were acquitted this time, and four more remain at large. The arson in 2002 resulted in 14 deaths and has deeply divided the Muslim and Hindu communities that live in the area. JURIST's Paper Chase has continuing coverage of India [JURIST news archive]. The Times of India has local coverage. AFP has more.
  
  
• Another 61 women were arrested in Harare, Zimbabwe on Thursday after protesting against plans to hold a large birthday celebration for Zimbabwean President Robert Mugabe [BBC profile], claiming that Mugabe's celebration was taking food away from already starving Zimbabweans. The women were arrested, but have yet to be charged with a crime and their lawyer has protested to the police chief concerning the conditions they are being held in. Their lawyer indicated that police plan to charge them with failing to obtain a permit to protest under the Public Order and Security Act. The arrests follow the recent release of 43 women previously arrested [JURIST report] for the same type of protests earlier this week. JURIST's Paper Chase has continuing coverage of Zimbabwe [JURIST news archive]. ZimOnline has local coverage.

[JURIST] US Sen. Carl Levin (D-MI) [official website] said Thursday that the Bush administration is ignoring federal law by refusing to extend its investigation into the takeover of operations of six US ports by Dubai Ports World [corporate website], a state-owned business in the Untied Arab Emirates. The Senate Armed Services Committee [official website] heard testimony from several Treasury Department, Homeland Security and other administration officials, and Levin argued that the administration was ignoring provisions in the law establishing the Committee on Foreign Investments in the United States (CFIUS) [Treasury Dept. backgrounder]. A 1992 amendment to the statute governing CFIUS calls for a mandatory investigation [50 U.S.C. App. 2170 text]:

in any instance in which an entity controlled by or acting on behalf of a foreign government seeks to engage in any merger, acquisition, or takeover which could result in control of a person engaged in interstate commerce in the United States that could affect the national security of the United States.

[JURIST] US District Judge Jed S. Rakoff [official profile] of the Southern District of New York on Thursday ordered the Defense Department to release uncensored transcripts, including detainee names, of 317 Combatant Status Review Tribunal [DOD materials] hearings held at Guantanamo Bay [JURIST news archive]. In January, Rakoff ordered the Pentagon to reveal the detainees' names [JURIST report], rejecting the Defense Department's argument that releasing the names would violate the prisoners' privacy. Documents previously released have had prisoner identities and other details blacked out. The Pentagon has decided not to appeal the ruling, and Rakoff said Thursday that they must reveal the names by March 3.

The Associated Press [media website] filed a lawsuit [AP report] last April under the Freedom of Information Act [text] seeking the release of uncensored information about Guantanomo detainees. The Defense Department has said that it would comply with the order. AP has more.

Previously on JURIST's Paper Chase...

• Federal judge orders Pentagon to reveal Guantanamo detainee names
• Federal judge rejects DOD argument that releasing detainee names violates privacy
• Federal judge says Pentagon must act to reveal names of Gitmo detainees
• Judge says Gitmo detainees must be asked for permission to release names
• AP: Documents detail Gitmo detainees' claims of abuses and inaction

[JURIST] As questioning of potential jurors winds down, defense lawyers for al Qaeda conspirator Zacarias Moussaoui [JURIST news archive] have expressed concern about the possibility of a jury stacked with individuals connected to Sept. 11 victims. Moussaoui pleaded guilty [JURIST report] last year to conspiracy charges [indictment] in connection with the September 11 attacks, and a jury will now decide whether he should receive the death penalty. After six days of questioning, 83 potential jurors have qualified for the final jury pool. US District Judge Leonie Brinkema [official profile] will question the remaining 10 jurors Friday afternoon. During jury selection [JURIST report], Moussaoui's defense lawyers have frequently objected to potential jurors, saying they knew Sept. 11 victims, but the prosecution has countered that the sheer number of individuals connected to Sept. 11 makes it impossible to find someone who has not been affected.

Though Moussaoui has admitted to al Qaeda involvement, he has said that he was not involved with planning or executing the Sept. 11 attacks [JURIST news archive]. Opening arguments in the sentencing trial [case docket] are scheduled to begin March 6. AP has more.

[JURIST] A military jury acquitted US Army Sgt. Alan J. Driver Thursday on charges of prisoner abuse [JURIST report] at Bagram Control Point [Global Security backgrounder, JURIST news archive] in Afghanistan [JURIST news archive]. Driver was the last of 11 soldiers from 377 Military Police Company [backgrounder] to be charged in connection with allegations of prisoner abuse at the Afghan facility. The jury deliberated for only fifteen minutes to consider evidence presented during the one day trial, including a receipt showing that one of the prisoners in question had been released before an alleged incident occurred. Witness testimony was also considered weak as one witness testified that he never saw Driver mistreat anyone.

The charges stem from a US Army investigation [press release] initiated after the deaths of two prisoners within days of one another in December 2002. Though the cases have been ruled homicides, no one has been charged with the deaths. Of the 11 soldiers charged, two pleaded guilty [JURIST report] and served short sentences before being dishonorably discharged, one was convicted [JURIST report] but spared a prison sentence, four were acquitted [JURIST report], and three - including an officer, Capt. Christopher M. Beiring - had the charges against them ultimately dropped [JURIST report]. AP has more.