[JURIST] The US Second Circuit Court of Appeals [official website] Thursday upheld [opinion text, PDF] the constitutional authority of the US president to regulate financial transactions with foreign countries involving the United States. The court
rejected a claim by a Jordanian man, Osameh Al Wahaidy [profile], that former President George H.W. Bush [official profile] improperly invoked the International Emergency Economic Powers Act [PDF] to enforce a series of executive orders after Iraq invaded Kuwait in 1990. The orders made it illegal for a US person to transfer funds [JURIST report] to anyone in Iraq. Wahaidy argued that the power to create new criminal offenses belongs to Congress alone. In 2003, Wahaidy pleaded guilty to willfully trying to violate and evade executive orders by sending $100,000 to Iraq [US DOJ press release] in October and November 1999 and in February 2000. He did, however, reserve the right to challenge the statute's constitutionality. Wahaidy claimed he was donating the money to a Syracuse-based charity called Help the Needy, but officials believed the money was being used to support terrorism; the founder of the organization was later sentenced to 22 years [JURIST report] in prison for funneling donations to Iraq.

In Thursday's decision, the court wrote, quoting a 2003 Second Circuit ruling:

The Constitution vests in Congress the legislative power to define criminal conduct; but "our jurisprudence" has reached "a practical understanding that...Congress simply cannot do its job absent an ability to delegate power under broad general directives." Delegations of congressional authority are upheld "so long as Congress 'shall lay down by legislative act an intelligible principle to which the person or body authorized to [exercise the delegated authority] is directed to conform.'"

[JURIST] British police [London Metropolitan Police Service website] charged 24-year-old Umair Hussain Thursday with failing to disclose information that could have prevented a terrorist attack, specifically an alleged plan [JURIST report] to blow up US-bound planes over the Atlantic. Hussain is the 12th [list] suspect charged [JURIST report] in connection with the reportedly-thwarted plot. Crown prosecutors charged [press release] eight British Muslims Monday with conspiracy to murder and preparing acts of terrorism. Also, a 17-year-old was charged with possessing items useful to a terrorist and two other suspects were charged with failing to report the plot.

Police have until Wednesday to question eight more uncharged suspects currently in custody since a High Court judge in London granted a police request to extend their detentions [JURIST report] for the second time. The Terrorism Act of 2006 [PDF] permits detention without charge for up to 28 days. The reasons for detention are kept secret, though one detainee has petitioned the High Court to compel disclosure [JURIST report] of the reasoning behind his detention. Additionally, an estimated 17 people, including two British nationals, are being held in Pakistan for reasons related to the plot. Reuters has more.

[JURIST] A Burundi politician whose statements about an alleged coup plot [JURIST report] to overthrow the African nation's government led to a security crackdown told radio stations on Thursday that he was tortured by the Burundi police and intelligence bureau Documentation Nationale and threatened with death if he did not tell the intelligence service that a coup plot existed. Alain Mugabarabona, the leader of the small National Liberation Forces (FNL) Hutu political party, has been accused of masterminding the alleged plot [IOL report] and was among a group of suspects arrested in August [JURIST report]. Mugabarabona says he was coerced into making false statements to Documentation Nationale officials about other alleged conspirators, including former President Domitien Ndayizeye [Wikipedia profile] and former Vice-President Alphonse-Marie Kadege, and that a coup was never planned.

Family members of those arrested have previously accused Burundi authorities of abusing the detainees [JURIST report] by on local radio broadcasts. Violence between the majority Hutus and minority Tutsis has wracked Burundi since its 12-year civil war [Global Security backgrounder], which was sparked by the assassination of the country's first democratically elected Hutu president in 1993. BBC News has more.

[JURIST] A judge in Kentucky [JURIST news archive] Thursday dismissed with prejudice charges against Gov. Ernie Fletcher [official website] in the wake of a settlement agreement, meaning that prosecutors are barred from continuing the criminal case against Fletcher in connection with alleged corrupt hiring practices. Fletcher pleaded not guilty [JURIST] in June to charges [indictment, PDF; JURIST report] of criminal conspiracy, official misconduct and political discrimination stemming from an investigation into the governor's hiring practices [timeline]. Under the agreement, four of Fletcher's appointees must resign, and though the judge wrote that the evidence weighs strongly against Fletcher's innocence, he will not be required to admit wrongdoing. Last year, Fletcher issued a blanket pardon protecting all administration officials from criminal prosecution arising out of the hiring scandal.

The indictment alleged that Fletcher and other members of his administration based hiring decisions on past political affiliations and financial contributions of government job candidates, rather than basing hiring practices on merit as required by state law. Earlier in August, the judge ruled that Fletcher was immune from prosecution while in office [JURIST report]. AP has more.

[JURIST] South Africa's cabinet on Thursday sent a civil unions bill to the parliament that would place same-sex partnerships on equal footing with traditional marriages. The parliament is expected to approve the bill, which was mandated by a December 2005 ruling [judgment,PDF; summary] of the South African Constitutional Court [official website] holding that the 1961 Marriage Act [1997 extension text, PDF] prohibition against same-sex marriages violates the South African Constitution [text]. The Constitutional Court set a December 1 deadline [JURIST report] for the laws to be changed. Last week, a spokesperson for the South African Parliamentary Committee on Home Affairs [official website] announced opposition to a constitutional amendment [JURIST report] authorizing same-sex marriages, but indicated that parliament is ready to approve the bill.

Canada, Belgium, Spain, and the Netherlands are the only nations that currently recognize full same-sex marriages [JURIST news archive]. The African Christian Democratic Party (ACDP) [official website] announced dismay at the cabinet's approval of the bill, which would make South Africa the first African country to endorse same-sex partnerships, and has called for a constitutional amendment to define marriage as between a man and a woman. Reuters has more. The Advocate has additional coverage.

[JURIST] Negotiators for Maoist rebels in the Nepal constitutional talks expressed reservations Thursday that the draft interim constitution, to be presented Friday, does not address the key issue of whether the new government should retain elements of the former monarchical system. The six-person Interim Constitution Drafting Committee (ICDC) was formed in July in an historic contract [text; JURIST report] between the interim civilian government and Maoist rebels, and is charged with drafting an interim constitution primarily aimed at delineating the procedure and substance of the upcoming constituent assembly elections. Once a new representative body is in place, the new representatives will draft a permanent constitution. Representatives of the Nepali Congress Party [party website], Nepal's largest political party, say the monarchy issue should be decided when the permanent constitution is drafted.

The landmark constitution-drafting deal between Maoist rebels and the interim government also dissolved the parliament which was reinstated after pro-democracy rallies [JURIST news archive] against the direct rule of King Gyanendra [official profile] in April. Also on Thursday, Finance Minister Dr. Ram Sharan Mahat said the King was stripped of even his ceremonial powers [eKantipur report] when Nepal's reinstated parliament approved a House of Representatives Proclamation [JURIST report] adopted on May 18 that recognized the Nepali people as the source of state power. AFP has more.

[JURIST] The UK Special Immigration Appeals Commission (SIAC) [official website] ruled Thursday to uphold the deportation order of an Algerian citizen known to the court as "Y," finding that Algeria has improved their human rights record so that the deportee's human rights would not be put in jeopardy, and that "Y" is a danger to national security and should be deported. The SIAC, which can take secret evidence in closed session, hears appeals of deportation orders [backgrounder] when the decision to remove someone from the UK involves national security or other sensitive information. Its latest ruling is seen as a victory for the British government, which last August unveiled a new deportation strategy [JURIST report] in the wake of the July 2005 London transit bombings [JURIST report]. Algeria and the UK reportedly negotiated [HRW backgrounder] a safe return agreement - a so-called Memoranda of Understanding (MOUs) [Amnesty International backgrounder] - earlier this year, which assures the UK that Algeria will not torture or otherwise harm the deportee upon return.

Amnesty International has already condemned Thursday's ruling [press release] and criticized the SIAC for denying "Y" due process of law by preventing "Y" from presenting the court with evidence to refute the government's case that "Y" is a national security risk. The Home Office said that "Y" could not present evidence during the SIAC appeal because the SIAC hears questions of law, while questions of fact are left to the lower immigration commission. "Y" was acquitted by a UK court last year for an alleged terrorist plot to manufacture and distribute the poison ricin [BBC backgrounder], while one suspect was convicted [JURIST report] in the case. Reuters has more.

[JURIST] Government-sponsored mortgage dealer Fannie Mae [Federal National Mortgage Association website] announced Thursday that the US Department of Justice (DOJ) has discontinued its two-year investigation [press release] into alleged accounting violations, though criminal prosecutions could still be brought against individual employees. Fannie Mae was notified by the US Attorney for the District of Columbia [official website] that "it does not plan to file charges against the company."

In May, regulators at the US Securities and Exchange Commission (SEC) and the Office of Federal Housing Enterprise Oversight (OFHEO) [official websites] announced a $400 million settlement [JURIST report] with Fannie Mae over alleged violations of the reporting and accounting provisions of the Securities Exchange Act of 1934 [text] and anti-fraud provisions of the Securities Act of 1933 [text]. Specifically, Fannie Mae was accused of fraudulently reporting future earnings so that top executives would receive maximum performance bonuses. MarketWatch has more.

[JURIST] Members of the Philippines House of Representatives [official website] on Thursday voted 173-32 [press release] to uphold a decision [JURIST report] last week by the House Committee on Justice [official website], defeating impeachment proceedings against Philippines President Gloria Macapagal [official website; BBC profile] and preventing a trial in the Senate. Macapagal has been accused of vote rigging, bribery, graft, corruption, human rights abuses and violations of the Philippines Constitution [text].

Opposition leaders cautioned that dismissing the impeachment case would continue the nation's political impasse. Macapagal has four years remaining in her six-year presidency. Since her election in 2004, she has overcome a previous impeachment campaign last September, allegations that she rigged the presidential campaign, death threats, and a coup plot [JURIST reports]. AP has more. The Manila Times has local coverage.

[JURIST] UN High Commissioner for Human Rights Louise Arbour Wednesday urged [press release] the adoption of an increasingly-problematic draft of the International Convention on the Rights of Persons with Disabilities [official website; JURIST report], a proposed treaty to protect the rights of the disabled. Arbour said the agreement would "address the stereotypes and prejudices that deny persons with disabilities enjoyment of their human rights."

By Tuesday, the UN General Assembly Committee drafting the treaty had agreed to many of the less contentious provisions, roughly one-third of the articles, but it is now discussing more controversial issues [press release]. Issues that still must be resolved include the definition of a disability [DOC text] and the inclusion of the phrase "sexual and reproductive health and services," which some interpret to include abortion. The US is opposed to the convention in general [JURIST report], arguing that such an agreement could have a confusing or negative impact on the Americans with Disabilities Act (ADA) [DOJ materials; text]. The committee is scheduled to conclude negotiations on Friday. Ambassador Don MacKay [official profile] of New Zealand, the Chair of the Committee, called on the drafting delegates to be flexible and make concessions that would allow negotiations to proceed, saying "if we don't grasp it now it will have an effect on persons with disabilities around the world." UPI has more. The UN News Centre has additional coverage.

[JURIST] The US Food and Drug Administration (FDA) [official website] on Thursday approved the over-the-counter sale [press release] of the "morning after" or Plan B emergency contraceptive pill [product backgrounder], to women 18 and over. A controversial provision of the FDA's approval requires a doctor's prescription for women under 18 years old. The drug's manufacturer, Barr Laboratories [corporate website], will be responsible for tracking whether pharmacists are enforcing the age restrictions. Barr has also agreed not to sell the drug in gas stations and convenience stores, as these outlets may be less likely than pharmacies to enforce the age restrictions.

The morning after pill was approved by the FDA for prescription sales in 1999. Since then, critics have argued that the delay in approving over-the-counter sales was politically motivated [JURIST report]. Former FDA chief Lester Crawford [official profile] resigned [JURIST report] after only three months in the position, but during his confirmation hearings [JURIST report] in July 2005, Crawford was criticized for dragging his feet while serving as the FDA's acting commissioner on making a determination about the over-the-counter sale of Plan B. A high-ranking FDA official resigned in protest [JURIST report] last year over the agency's continued delay in deciding whether to approve the contraceptive pills for over-the-counter sale.

The FDA announced last month that it would reconsider allowing some over-the-counter Plan B sales, prompting criticism [JURIST report] from Democrats in the US Senate because the announcement came just before a Senate confirmation hearing [committee materials] for Dr. Andrew von Eschenbach [official profile], the acting FDA commissioner and President Bush's nominee to lead the agency permanently. Sens. Hillary Rodham Clinton (D-NY) and Patty Murray (D-WA) [official websites] had previously threatened to block von Eschenbach's nomination, but said Thursday that they will now drop their opposition [Reuters report] to the nomination. AP has more.

[JURIST] Chen Guangcheng [HRW case timeline], a blind Chinese human rights legal activist, was sentenced Thursday to four years and three months in prison for damaging property and "organizing a mob to disturb traffic." Chen supporters have said, however, that the charges were fabricated and he was actually arrested for reporting complaints of government mandated abortions and forced sterilizations [TIME feature] to comply with the country's one-child policy.

Chen was tried without the assistance of his team of prominent Chinese lawyers, who were arrested during the trial [JURIST report] on charges of stealing a wallet. The US State Department has condemned [press briefing text] the arrest of the lawyers. AP has more.

[JURIST] A federal judge has ordered the Justice Department to conduct an investigation into how CBS News and other media outlets learned of a criminal investigation into the activities of two pro-Israel lobbyists before they were formally charged. In an opinion released Tuesday, US District Judge T.S. Ellis III declined to throw out the evidence against Steven Rosen and Keith Weissman, former lobbyists for the American Israel Public Affairs Committee (AIPAC) [advocacy website]. Defense lawyers argued that the government did not follow proper protocol to obtain a warrant for surveillance and that the leaks violated their clients' rights and could prejudice potential jurors. Ellis requested the Justice Department prepare a sealed report by September 15.

Rosen and Weissman have been indicted [PDF text; JURIST report] under the WWI-era Espionage Act [18 USC 793 text; Wikipedia backgrounder] for allegedly obtaining classified information about potential attacks on US forces in Iraq and disclosing the information to a diplomat, the media, and several foreign government officials. First Amendment advocates and members of the media have raised concerns about the law because it could also be applied to journalists who report on classified information. The Washington Post has more.

[JURIST] A lawsuit filed by the United Mine Workers of America [union website], seeking to compel the federal Mine Safety and Health Administration (MSHA) [official website] to perform periodic checks of "self-contained self-rescuers" oxygen units and lead mandatory emergency training for all mine workers, was dismissed Wednesday. The claim was filed in June in response to Congressional changes to mine safety rules following the Sago Mine disaster. US District Judge John D. Bates [official profile] dismissed the case [opinion, PDF] because federal law allows the MSHA discretion in setting safety standards. Bates wrote that "the loss of lives, and the risks miners presently face, weigh heavily in public discourse and are taken seriously by this court. But the tragedy of those events, and the need for greater protection described by plaintiff, cannot substitute for the requirements of the law." AP has more.

In related news, Randal McCloy [Wikipedia profile], the sole survivor of the Sago Mine disaster [ABC News backgrounder], and the families of two other victims, filed suit against the mine operator and five other companies Wednesday, alleging their negligence led to the tragedy. The suit claims International Coal Group (ICG) [corporate website] and Wolf Run Mining created unsafe working conditions for employees and that several companies supplied safety equipment that failed to protect the workers. The suit also blames ICG for recklessly failing to control the flow of information following the accident. AP has more.

[JURIST] The Supreme Court of Pennsylvania [official website] ruled [opinion, PDF] Tuesday that former presidential candidate Ralph Nader [CNN backgrounder; personal website] and his running mate Peter Miguel Camejo [PVS profile] must pay more than $80,000 in expenses for a lawsuit challenging Nader's petition drive and nominating papers to appear on the 2004 Pennsylvania ballot. A group of voters filed a lawsuit challenging the documents, and the Pennsylvania Commonwealth Court found "fraud and deception" and widespread irregularities in the Nader petition drive, disqualifying [JURIST report] more than 2/3 of the 51,000 signatures necessary to be placed on the ballot. The Commonwealth Court described the signatures [opinion, PDF] as "the most deceitful and fraudulent exercise ever perpetrated upon this court."

The lower court required Nader and Camejo to pay expenses associated with the lawsuit, and the Pennsylvania Supreme Court upheld that decision Wednesday, saying that the decision was appropriate in light of the "magnitude of the fraud and deception implicated in [their] signature-gathering efforts." Basil C. Culyba, the attorney for Nader and Camejo, disagreed with the decision saying it forced third party candidates to decide "whether or not he wants to bet his family home in an effort to have his political views heard." AP has more. The Pittsburgh Post-Gazette has local coverage.