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Legal news from Wednesday, May 24, 2006 |
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NYC subway bomb plotter who wanted to avenge Abu Ghraib convicted of conspiracy
James M Yoch Jr on May 24, 2006 8:55 PM ET

[JURIST] A federal jury Wednesday convicted [US DOJ press release] Shahawar Matin Siraj of conspiracy and other charges Wednesday for his role in a failed plot to bomb a New York City subway station in 2004. Siraj, a Pakistani immigrant who first drew authorities' attention for expressing anti-American sentiments after 9/11 [JURIST news archive], and another suspect, James Elshafay, were arrested in 2004; Elshafay cooperated with police. An informant, Osama Eldawoody, posed as an accomplice and testified against Siraj, who claimed that an undercover officer suggested the bomb plot and incited him with photographs of US prisoner abuse at Iraq's Abu Ghraib prison [JURIST news archive]. The prosecution presented videotape surveillance [MSNBC report] of Siraj and Elshafay discussing the plot in which Siraj said he would not plant the explosive device.
Siraj, 23, could face life imprisonment. AP has more.


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Marines involved in Hadithah killings of Iraqi civilians may face courts-martial
James M Yoch Jr on May 24, 2006 8:25 PM ET

[JURIST] US Marines involved in the deaths of 24 Iraqi civilians in Hadithah last November will face charges and possible courts-martial, according to US Marine Corps Gen. Michael W. Hagee [official profile], who said on Wednesday that a criminal investigation was underway. He did not say who will be charged or what they will be charged with. According to allegations revealed [report] by TIME magazine in March, the soldiers are suspected of killing civilians without warning on Nov. 19, 2005, after a roadside bomb killed Lance Cpl. Miguel Terrazas. Most of the Iraqis were unarmed, and at least seven were women and three children. Hagee promised that reports would follow -- one on administrative issues and one on criminal charges -- and he confirmed that the incident has been under investigation for more than six months.
Three officers allegedly involved in the incident, including two company commanders, were relieved of duty on April 7, but military officials have not stated the reason for their discharges. Army Times has more.


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Marines involved in Hadithah killings of Iraqi civilians may face courts-martial
James M Yoch Jr on May 24, 2006 8:25 PM ET

[JURIST] US Marines involved in the deaths of 24 Iraqi civilians in Hadithah last November will face charges and possible courts-martial, according to US Marine Corps Gen. Michael W. Hagee [official profile], who said on Wednesday that a criminal investigation was underway. He did not say who will be charged or what they will be charged with. According to allegations revealed [report] by TIME magazine in March, the soldiers are suspected of killing civilians without warning on Nov. 19, 2005, after a roadside bomb killed Lance Cpl. Miguel Terrazas. Most of the Iraqis were unarmed, and at least seven were women and three children. Hagee promised that reports would follow -- one on administrative issues and one on criminal charges -- and he confirmed that the incident has been under investigation for more than six months.
Three officers allegedly involved in the incident, including two company commanders, were relieved of duty on April 7, but military officials have not stated the reason for their discharges. Army Times has more.


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Three charged with plotting to free ex-Liberia president Taylor granted bail
James M Yoch Jr on May 24, 2006 7:24 PM ET

[JURIST] A magistrate in Sierra Leone Wednesday granted bail of $8,000 each to three men charged with inspecting a prohibited area and conspiracy to assist former Liberian president Charles Taylor [BBC profile; JURIST news archive] escape from prison at the Special Court for Sierra Leone (SCSL) [official website; JURIST news archive], a war crimes tribunal. The suspects were reportedly caught photographing the jail [Reuters report] earlier this month and were originally released for lack of evidence [Awareness Times report]. The three men, former US soldier Michael Chemidlin and Sierra Leoneans Felix Rogers and Collins Kamara, were re-arrested and charged last week. Chemidlin claims he is innocent, and his lawyer requested that he be admitted to a hospital for symptoms of malaria. The court set a hearing for May 30.
Taylor, indicted by the SCSL for war crimes and crimes against humanity [indictment, PDF] and now facing trial after his capture [JURIST report] in March, is fighting requests [JURIST report] to have his own proceeding moved from Freetown, Sierra Leone, to the International Criminal Court at The Hague in the Netherlands. He escaped from prison in Massachusetts in 1985. AP has more.


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Federal judge approves $6.6B Enron shareholder settlement with major banks
Joshua Pantesco on May 24, 2006 2:11 PM ET

[JURIST] A federal judge on Wednesday gave final approval to a $6.6 billion settlement [JURIST report] between former Enron shareholders and the three banks accused of helping Enron [JURIST news archive] hide financial shortcomings to deceive investors. Lead plaintiff's attorney William Lerach said the money will be paid as soon as possible to shareholders, with the Canadian Imperial Bank of Commerce, JP Morgan Chase, and Citigroup [corporate websites] responsible for payments of $2.4 billion, $2.2 billion, and $2 billion, respectively [press releases PDF]. Lehman Brothers and Bank of America have already settled shareholder claims.
Lerach has received no word from other banks named in the lawsuit as to whether they will settle before the trial date, now set for October. The civil lawsuit [plaintiff website] also names Enron and former executives Ken Lay, Jeffrey Skilling and Andrew Fastow [Chronicle profiles] as defendants, and the plaintiffs seek to recover as much of the claimed $40 billion in damages claimed as possible. The jury in the ongoing criminal fraud and conspiracy trial of Lay and Skilling is still deliberating [JURIST report]. Reuters has more.


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Texas Supreme Court judge admonished by ethics board for Miers statements
Joshua Pantesco on May 24, 2006 10:27 AM ET

[JURIST] The Texas Commission on Judicial Conduct [official website], an independent state agency charged with investigating judicial improprieties, has admonished Texas Supreme Court Justice Nathan L. Hecht [Wikipedia profile] for using the prestige of his office to promote the nomination of Harriet Miers [JURIST news archive] to the US Supreme Court. An admonition is the least severe punishment the Commission may deliver. Hecht, who introduced Miers to President Bush in the 1980s, has said will appeal the decision to a panel of three Texas judges who were selected on Tuesday through a lottery process.
According to the decision, Hecht communicated with the White House shortly before her nomination was announced, agreeing to speak with conservative groups about Miers' views on abortion, and to have interview requests forwarded to his office. Hecht, the longest tenured member of the Court, has said that any statements made by him on "matters of national public interest" are protected by First Amendment free speech guarantees, and that many of his peer judges routinely offer advice on nominations. The Houston Chronicle has local coverage.


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Guantanamo detainees who attempted suicide recovering
Joshua Pantesco on May 24, 2006 10:06 AM ET

[JURIST] A US military spokesperson said Tuesday that the condition of two of the Guantanamo Bay detainees who attempted suicide [JURIST report] last week is improving and both are expected to make full recoveries. The two men, neither of whom were prescribed antidepressants, overdosed on anti-anxiety medication they had stockpiled in an attempted suicide. On the same day, other detainees also seemed to attempt suicide, but military officials determined [press release, PDF] this was a "a ruse to get the guards to enter the compound in order to be attacked." Guantanamo Bay [JURIST news archive] officials have said that 25 Guantanamo prisoners have made 41 suicide attempts since the facility opened in 2003, but defense attorneys say the military is under-reporting suicide attempts. In November 2005, the repeated suicide attempts [JURIST report] of detainee Jumah Dossari [AI case sheet] were highly publicized.
In recent weeks, both the UN and the UK Attorney General [JURIST reports] have called for the detention center to close, though the Red Cross in April said that conditions have "greatly improved" [JURIST report] since the facility began operations. AP has more.


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FCC official says agency can regulate 'net neutrality' under current law
Joshua Pantesco on May 24, 2006 9:12 AM ET

[JURIST] US Federal Communications Commission (FCC) [official website] Commissioner Michael Copps [official profile] has said the FCC is authorized under Title 1 of the Communications Act of 1934 [text] to create agency rules to combat breaches of "net neutrality." Speaking to reporters on Tuesday, Copps suggested that the FCC would be protecting the public interest by writing and enforcing clear agency rules designed to prevent broadband service providers from accepting money from content providers in exchange for preferential bandwidth treatment, or from interfering with the content of competitors. In contrast to the approach advocated by Copps, FCC Chairman Kevin Martin in August 2005 succeeded in passing a set of broad net neutrality principles for service providers to abide by, favoring a more deregulatory approach than Copps. Legal precedent suggests that the FCC may have the authority to draft strict net neutrality regulations. Justice Clarence Thomas, writing in 2004 for the majority in National Cable & Telecommunications Association vs. Brand X Internet Services [opinion text; Duke law case backgrounder], said that Internet service providers can be subjected to FCC-imposed "special regulatory duties" under Title 1.
The House Judiciary Committee is currently marking up the Internet Freedom and Nondiscrimination Act of 2006 [PDF text], sponsored by committee chairman Rep. James Sensenbrenner (R-WI), that would apply federal antitrust law to alleged neutrality violations. A sister bill, the Internet Freedom Preservation Act [PDF text] is currently in the Senate Commerce Committee. That proposal, sponsored by Olympia Snowe (R-ME), Byron Dorgan (D-ND) and Daniel Inouye (D-HI), would amend the Communication Act of 1934 to obligate internet service providers to not "block, interfere with, discriminate against, impair or degrade" access to any internet content, or from bargaining with content providers to provide faster service. Multichannel News has more.


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Ex-Bush administration official on trial for alleged obstruction of Abramoff probe
Jaime Jansen on May 24, 2006 9:09 AM ET

[JURIST] The trial of David Safavian [Wikipedia profile], former chief of staff at the General Services Administration (GSA) [official website] and former White House chief procurement officer, begins Wednesday. Safavian is charged with making false statements to Senate and GSA officials in an investigation [JURIST report] into to Safavian's relationship with former Republican lobbyist Jack Abramoff [JURIST news archive] during a 2002 golf trip to Scotland where Abramoff allegedly was trying to purchase property owned by the GSA. Prosecutors are expected to rely on mass amounts of e-mail correspondence between Safavian and Abramoff to prove that the pair were in fact doing business together. Safavian's lawyers maintain that the golf trip, valued at $100,000, was not a gift because Safavian paid $3,100 towards his own hotel and golf fees, but prosecutors allege that the chartered plane they took to Scotland constitutes a gift.
In Safavian's indictment [JURIST report], prosecutors allege that he concealed the fact that he was helping Abramoff deal with the GSA and that Abramoff had done business with the GSA prior to the trip. In an unrelated case, Abramoff pleaded guilty [JURIST report; plea agreement, PDF] to two conspiracy and fraud charges stemming from falsification of documents to procure a loan for the 2000 purchase of SunCruz Casino and was sentenced to nearly six years [JURIST report] in prison. Abramoff is now cooperating with prosecutors in corruption investigations of other government officials. Reuters has more.


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Bin Laden tape claims Moussaoui, Guantanamo prisoners had no role in Sept.11
Angela Onikepe on May 24, 2006 4:59 AM ET

[JURIST] In a newly released five minute audio tape [transcript] found on an Islamist website Tuesday, a man claiming to be Osama bin Laden [JURIST news archive] said that convicted September 11 [JURIST news archive] conspirator Zacarias Moussaoui [JURIST news archive] was not intended to be one of September 11 hijackers as he had not finished his flying training, and that "his confession that he was assigned to participate in those raids is a false confession which no intelligent person doubts is a result of the pressure put upon him for the past four and a half years." The man on the tape, yet to be verified as the al Qaeda leader, also indicated those held in Guantanamo Bay [JURIST news archive] did not play any role in the September 11 attacks either: "all the prisoners of Guantanamo, who were captured in 2001 and the first half of 2002 and who number in the hundreds, have no connection whatsoever to the events of September 11th, and even stranger is that many of them have no connection with al-Qaida in the first place, and even more amazing is that some of them oppose al-Qaida's methodology of calling for war with America."
Last year, Moussaoui pled guilty [JURIST report] to conspiracy charges [indictment text] and was sentenced to life in prison [JURIST report; text, jury verdict] on May 4 with no possibility of release. His motion to withdraw his guilty plea and have a new trial was denied [JURIST report]. He is currently appealing [JURIST report] the denial of the motion and his sentence. Moussaoui is the only person to have been convicted in the United States for the September 11 attacks. BBC News has more.


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