[JURIST] Indian police held the alleged "main brain" behind the 2005 Mumbai train bombings [BBC report; JURIST news archive] in custody Wednesday after he was captured in the Indian city of Belgaum in Karnataka state. Asif Khan Bashir Khan - alias Junaid - is the sixteenth suspect arrested in connection with the July 11 terror attacks that killed nearly 200 people and wounded many more. Khan is thought to be a Pakistani national and is also wanted in a criminal case stemming from his membership in the Lashkar-e-Taiba [FAS backgrounder] terror organization.

The latest [JURIST report] Mumbai bombings have prompted calls for the restoration of a strict Indian anti-terror law [JURIST report] repealed after India's now-governing party came to power in 2004, but top Indian officials have so far rejected the suggestion. The Guardian has more. The Indian Express has local coverage.

[JURIST] The Federal Election Commission, [official website] has voted to change the way recounts are funded, making them subject to federal election fundraising limits rather than being exempt from those as they have been for nearly 30 years. The new advisory opinion [Draft A text, PDF] adopted 4-2 comes 5 weeks before the November 7 mid-term elections, in a year fraught with potential challenges to voting results due to a plethora of close congressional contests.

The opinion reinterprets 1977 regulations [text, PDF] stating money raised to pay for recounts and legal challenges was not covered by campaign finance restrictions on contributions or expenditures. Candidates and parties are still barred from raising money from labor unions, corporations or foreign nationals. The contentious issue was whether a 2002 campaign finance law that eliminated unrestricted, unlimited giving to political parties altered those 1977 regulations. Commission Chairman Michael Toner and Commissioner Hans A. von Spakovsky, both Republicans, voted against the opinion, saying that the campaign finance law applied only to the election, not to recounts. AP has more.

[JURIST] Former Hewlett-Packard [corporate website; JURIST news archive] chairman Patricia Dunn and four others were charged [CA AG press release] in California Wednesday with criminal offenses [felony complaint, PDF; supporting declaration and arrest warrants, PDF] related to a corporate spy scandal that has shaken Silicon Valley. Along with Dunn, former HP ethics director Kevin Hunsaker and private investigators Ronald DeLia, Joseph DePante and Bryan Wagner were charged with the felonies of using of false or fraudulent pretenses to obtain confidential information from a public utility, unauthorized access to computer data, identity theft, and conspiracy to commit those crimes. All of the charges stem from their roles in the illegal information gathering scandal that broke last month when HP admitted in an SEC filing [text] they had been investigating boardroom leaks using pretexting. 'Pretexting' is a fraudulent investigative technique that involves an investigator posing as someone else to gain access to confidential or personal information.

Dunn and Hunsaker were lambasted [JURIST report] last week by the US House Energy and Commerce Committee [official website] for their conduct. They chose to invoke their the Fifth Amendment rights to avoid self-incrimination. HP announced Dunn's resignation [press release] from its board on September 22. Arrest warrants for all five defendants have been issued; the California Attorney General's office said it would "make arrangements with counsel for Dunn and Hunsaker to surrender voluntarily", and would plan for the arrest and eventual extradition to California of the other defendants currently outside the state. Bloomberg has more.

[JURIST] The US Attorney's office in Washington, DC has sent a letter to US House of Representatives counsel Geraldine Gennett asking her to save records from the office of former Congressman Mark Foley [JURIST news archive], who resigned last week at the outset of an e-mail sex scandal involving congressional pages. A US Department of Justice (DOJ) [official website] official who spoke on condition of anonymity has nonetheless said the action doesn't necessarily portend further activity potentially involving search warrants and subpoenas, although those can follow in circumstances like these. The official would not identify precisely which records prosecutors asked to be saved. At a news conference Tuesday, Foley attorney David Roth [PBP profile] said that Foley had undertaken to co-operate with the evidence-gathering process: “Mark has absolutely agreed on his own and with our counsel not to do anything with any computer, not to delete any messages.”

Foley, a Florida Republican, resigned September 29 when his online interactions with the pages became public. The FBI [official website] is conducting a preliminary inquiry to determine if Foley violated any laws during his internet contacts with the teenage boys. Bloomberg has more.

[JURIST] The US Court of Appeals for the Sixth Circuit [official website] ruled [text, PDF] Wednesday that the US government can continue to operate its domestic surveillance program [JURIST news archive; US DOJ fact sheet, PDF] pending appeal of US District Judge Anna Diggs Taylor's August 17 ruling [PDF text; JURIST report] that the government's program is unconstitutional. Taylor originally ordered the shutdown of the surveillance program, but held last Thursday that the government could continue domestic surveillance for one more week [JURIST report] while the issue was appealed to the Sixth Circuit. AP has more.

The ACLU filed the lawsuit [complaint, PDF; ACLU materials] on behalf of journalists, scholars, attorneys and national nonprofit organizations having "a well-founded belief that their communications are being intercepted by the NSA" in order to challenge the use of warrantless wiretaps by the National Security Agency [official website] to intercept communications of suspected terrorists.

[JURIST] As the United States and European Union [JURIST news archive] continue to negotiate a new joint airline passenger data-sharing agreement, US Homeland Security Secretary Michael Chertoff [official profile] reportedly reassured EU Justice and Security Commissioner Franco Frattini [official profile] via telephone Tuesday that the US will continue to abide by the now-lapsed 2004 agreement [European Commission press release] until the two sides reach a new compromise. In May, the European Court of Justice [official website] struck down [JURIST report] the previous agreement [PDF text], which was made by US and EU officials after the Sept. 11 terror attacks, as lacking an appropriate legal basis. The current program mandates that airlines landing in the US provide the name, address, telephone number and credit card details of each airline passenger.

The US and the EU failed to reach an agreement [JURIST report] by the court-imposed date of September 30. The Europeans are concerned that US intergovernmental data-sharing will infringe European privacy laws. Frattini's spokesman said the two sides will likely resume negotiations Thursday. Reuters has more.

[JURIST] The Supreme Court of Missouri [official website] heard oral arguments [case materials] Wednesday in two appeals challenging the September 14 ruling [JURIST report] that a state law [SB 1014 text, PDF; summary] requiring voters to show a Missouri-issued photo identification at the polls [Missouri Dept. of Revenue backgrounder] violates the state constitution [text]. The judges discussed whether the requirement constituted an impermissible additional requirement that placed an undue burden on voters, effectively keeping them from the polls [JURIST report]. The $15 fee for obtaining a birth certificate, which is necessary for the issuance of a voter ID card or a driver's license, is the cheapest option for voters who do not currently have the identification required under the legislation. Judges expressed concern over the effect on the elderly and disabled, many of whom do not have driver's licenses or passports, including retired Supreme Court Judge Charles Blackmar, who pointed out that he could not vote under the new law since he does not have a current license. Attorneys arguing for the law's reinstatement, identified a provision in the bill that accounts for such voters by allowing provisional ballots, but opponents countered that the ballots are not available in all elections and would increase expenses for local election officials.

The voter ID legislation was scheduled to require identification in the upcoming November 7 elections, but the Court did not say whether it would decide the issue before the elections. Last week, the US House of Representatives approved a bill that would require voter ID cards for federal elections [JURIST report] starting in 2008. Similar voter ID bills have recently been blocked in Georgia and Pennsylvania [JURIST reports], while a state court in June upheld Arizona's voter ID requirement [JURIST report]. AP has more.

[JURIST] Salvador and Mabel Mangano pleaded not guilty Wednesday to 35 charges of negligent homicide and 64 charges of cruelty to the infirm for their alleged refusal in August 2005 to evacuate the residents of St. Rita's Nursing Home in St. Bernard Parish after a mandatory evacuation order was issued in response to Hurricane Katrina [JURIST news archive]. Thirty-five residents drowned in the flood water [NYT report; victim list, PDF] that overtook the one-story nursing home owned by the Manganos in less than 20 minutes. In their defense, the Manganos have blamed their disregard of the evacuation order on the failure of state and federal government to adequately prepare the area for flooding, as well as concern over the potential dangers to residents' health that would have been caused by moving them. State District Judge Jerome Winsberg has ordered the Manganos, the prosecution and witnesses to refrain from discussing the case in public and with the media.

The Manganos, who are free on bail, were originally charged [JURIST report] a year ago, but were not indicted [JURIST report] until last week because extensive damage prevented a grand jury from convening in St. Bernard's Parish until recently. The Manganos face at least 30 lawsuits filed against them for their actions regarding the failed evacuation, and have sued a number of local and state officials [JURIST report], arguing that the government should share the liability. AP has more.

[JURIST] Officials from the European Union [official website] and the US are adamant that references in the newly approved [JURIST report] Serbian constitution [DOC text, in Serbian] declaring Kosovo part of Serbia will not impact ongoing United Nations [official website] discussions over the region's future status. Although still technically a province of the former Yugoslav state, Kosovo has been under UN administration since 1999 when a NATO [official website] bombing campaign drove Serbian forces out of Kosovo [BBC timeline] after reports of mass "ethnic cleansing" which displaced 1.5 million ethnic Albanians. A spokesperson for EU foreign policy chief Javier Solana [official profile] said Monday that the references in the Serbian constitution will need to be clarified with the UN Security Council [official website], and US State Department [official website] spokesman Tom Casey also indicated Monday that Kosovo's status cannot be "unilaterally" decided by Serbia.

Despite the continuing UN discussions on granting Kosovo possible independence from Serbia [JURIST news archives], the Serbian constitution is scheduled for a referendum vote in late October. The EU indicated Tuesday that the scheduled deadline for a resolution on Kosovo's status may not be met by December, but the US is still optimistic that the decision will be made by the end of the year. EUObserver.com has more.

[JURIST] Human Rights Watch (HRW) [advocacy website] on Tuesday criticized [press release] the decision of the UN Human Rights Council [official website] to close access to its examination of last year's uprising in Andijan [JURIST news archive] that resulted in the massacre of unarmed Uzbek civilians [BBC backgrounder]. HRW released a briefing paper [PDF text; index] that discusses the failure of the Council to publicly review Uzbekistan's human rights record and its acceptance of Uzbekistan's refusal to allow an international probe into the massacre, saying that its actions undermine the fairness and effectiveness of the body. HRW also called for the Council to institute a public review of the massacre and to review its policies in handling similar situations in the future.

In May 2005, thousands of demonstrators protesting the trial of 23 businessmen on religious extremism charges stormed a prison [JURIST report], allowing about 2,000 inmates including the businessmen to escape. In response, the government troops killed as many as 500 demonstrators [JURIST report], although Uzbek officials place the number at 187. MosNews has more.

[JURIST] US officials have expressed concerns over "restrictions on civil liberties" in Thailand [JURIST news archive] and elements in the 39-article interim constitution [text] "that appear to give the military an ongoing and influential role in decision-making." A US spokesman on Tuesday also warned the military junta, which seized control [JURIST report] of the government last month, that it should make a "quick return" to democracy or further sanctions may be imposed against the country. Elections were originally scheduled for November 2006 but military leaders have said that they will instead be held in October 2007. White House Deputy Press Secretary Dana Perino said the White House is concerned [statement text; Washington File report] with the proposed timetable, and added:

We call for clear and unambiguous protection for civil liberties by the interim authorities and the military, and a quick return to democratic elections. Thailand's image in the eyes of the world and US-Thai relations will suffer until Thailand returns to its place as a democratic leader in Asia.

[JURIST] US District Judge Paul Gadola [official profile] ruled Tuesday that two former executives of Kmart [corporate website] will stand trial for allegedly misleading investors about the retailer's finances before it filed for bankruptcy four years ago. Former Chief Executive Officer Charles Conaway and former Chief Financial Officer John McDonald had asked the court to dismiss the civil complaint [PDF text] filed in 2005 by the Securities and Exchange Commission [official website]. The men are accused of fraud [JURIST report] for allegedly making false statements regarding the company's financial standing during a 2001 conference call with investors.

Kmart filed for bankruptcy in 2002, reorganized as Kmart Holding Corp. in 2003 and acquired Sears in 2005 to form the new Sears Holdings Corp. [corporate website]. The SEC is seeking a ban on the two men from serving as officers at any public companies and an undisclosed amount of money. AP has more.

[JURIST] The US National Labor Relations Board (NLRB) [official website] on Tuesday excluded from union eligibility [press release] workers who "assign others to a location, shift or significant tasks" in a case involving 12 charge nurses in a Minnesota hospital. In its decision [text], a three-member NLRB panel interpreted the definition of the terms "assign," "responsibility to direct," and "independent judgment," in a broad sense so as to include the nurses.

Under the National Labor Relations Act [text] and interpretative case law, individuals are supervisors if (1) they hold the authority to engage in any 1 of the 12 supervisory functions listed in Section 2(11); (2) their "exercise of such authority is not of a merely routine or clerical nature, but requires the use of independent judgment;" and (3) their authority is held "in the interest of the employer." Section 2(11) defines supervisor as "any individual having authority, in the interest of the employer, to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees, or responsibly to direct them, or to adjust their grievances, or effectively to recommend such action, if in connection with the foregoing the exercise of such authority is not of a merely routine or clerical nature, but requires the use of independent judgment."

Responding to the 2001 US Supreme Court decision in NLRB v. Kentucky River Community Care [text], the Board concluded that the employer challenging the unionization of the hospital staff presented enough evidence for the Board to find that the 12 charge nurses were supervisors based on their "authority to assign employees using independent judgment." The charge nurses were responsible for assigning other nurses to various tasks, and the Board found that:

A charge nurse's analysis of an available nurse's skill set and level of proficiency at performing certain tasks, and her application of that analysis in matching that nurse to the condition and needs of a particular patient, involves a degree of discretion markedly different than the assignment decisions exercised by most leadmen.

[JURIST] Investigators with the European Commission [official website] in Brussels have collected enough evidence to prosecute computer chip maker Intel [corporate website] on antitrust charges, the New York Times reported Wednesday. If arguments before an internal "devil's advocate" panel proceed as expected, prosecutors plan to ask that European Commissioner for Competition Neelie Kroes [official website] issue a list of charges or objections to the company.

Consumer groups and rival chip maker Advanced Micro Designs (AMD) [corporate website] say consumers have fewer options because Intel has used coercive tactics to gain an edge on its competitors. Tactics include issuing rebates to PC makers in exchange for their use of Intel chips. Last week, a US federal judge ruled [opinion, PDF; JURIST report] that AMD could not proceed with a major portion of its case accusing Intel of anticompetitive practices outside the United States. AFP has more. The New York Times has additional coverage.

[JURIST] A US soldier who deserted to Canada in 2005 rather than continue fighting in what he calls an "illegal" Iraq war turned himself in Tuesday near Fort Knox, Kentucky [official website]. Spc. Darrell Anderson, 24, received a Purple Heart for combat with the 1st Armored Division [official website] in Iraq in 2004 before choosing to flee to Canada rather than respond to orders to return to a second tour of duty.

Anderson's lawyer said he will likely face a charge of desertion, and after a three- to five-day military investigation, will likely be given an other than honorable discharge. While in Canada, Anderson had applied for refugee status [Dominion report], though to qualify, Anderson would have to successfully argue that the US was persecuting him for exercising rights protected by Canada's Charter of Rights and Freedoms [text]. AP has more.

[JURIST] The Association of Community Organizations for Reform Now (ACORN) [advocacy website] defended their voter registration practices [press release] Tuesday after a report surfaced Monday alleging that ACORN engages in fraudulent voter registration practices [JURIST report]. The AP report noted that 3,000 ACORN-submitted voter cards in Philadelphia were invalid due to missing or inaccurate information, and that ACORN was blamed for smaller incidents in Ohio and Colorado as well. On Tuesday, ACORN said:

ACORN does not commit voter fraud. We work hard to bring new people into the democratic process and work to maintain good quality control. We have even gone to court to overturn regulations that would prevent us from checking registration cards for errors. In the rare cases where an employee has done something wrong, ACORN has not only fired that person, but worked to have them prosecuted where appropriate.

The rare but real instances in which an employee has submitted duplicate or fraudulent voter registration cards are an example of workers attempting to defraud ACORN by passing off bad work as good work - a situation akin to a retail clerk stealing from his or her employer. There have been no findings of wrongdoing against ACORN itself and no credible accusations that the organization has engaged in voter registration fraud. This is true despite systematic efforts to distract or disparage us by organizations and individuals who oppose our goals of increasing political participation by low-income and minority voters.