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Legal news from Sunday, October 22, 2006




Commentator paid to promote No Child Left Behind settles with Education Dept.
Melissa Bancroft on October 22, 2006 3:49 PM ET

[JURIST] Conservative radio commentator Armstrong Williams [Wikipedia profile; JURIST news archive] has agreed to pay the US Department of Education [official website] $34,000 after a year-long investigation of the commentator's agreement to endorse President Bush's education policies, a Department spokesperson confirmed Sunday. Williams has admitted no wrongdoing, but the Justice Department determined that Williams was overpaid for his contracted work. In 2003, the Department agreed to pay Williams $240,000 in exchange for his promotion of the No Child Left Behind Act [text] in various media outlets without disclosing his connection to the administration.

An investigation was initiated after the Government Accountability Office [official website] released an audit which revealed no evidence of Williams having carried out the promotion. The Justice Department review did not evaluate whether Williams improperly promoted the White House's agenda, but the GAO General Counsel concluded in October 2005 that the payments were illegal [JURIST report]. AP has more.






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Israel admits using phosphorous bombs against Hezbollah in Lebanon conflict
Caitlin Price on October 22, 2006 3:14 PM ET

[JURIST] An Israeli Cabinet official admitted for the first time Sunday that Israel employed phosphorous bombs [GlobalSecurity backgrounder] against Hezbollah guerillas during this summer's conflict in Lebanon [JURIST news archive]. Israeli Cabinet Minister Jacob Edery [official profile] confirmed that the weapons were used during combat and not just for target marking, as had previously been asserted. The use of incendiary weapons against civilians has been banned by Protocol III to the Convention on Certain Conventional Weapons [text] since 1980, though Israel continues to assert that its use of the bombs comports with international law.

Allegations that Israel had used chemical munitions arose in July, when Lebanese President Emile Lahoud [official website] first accused Israel of using phosphorus weapons [JURIST report] in the 34-day conflict between Israel and Hezbollah [US State Dept. backgrounder]. AP has more.






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Thai PM urges prudence in lifting of martial law
Michael Sung on October 22, 2006 11:46 AM ET

[JURIST] Thailand Prime Minister Surayud Chulanont [official website; BBC profile] said Sunday that a decision to lift martial law in Thailand [JURIST news archive] must be made prudently and in close consultation with security officials, given continuing efforts in some quarters to undermine the new government that took power after a military coup on September 19 [JURIST report]. Chulanont promised [JURIST report] on October 10 that the interim government would lift martial law "as soon as we can and when the situation is suitable."

Martial law has been in place since the September 19 coup, which has been defended by military leaders [JURIST report] as being unintrusive on the daily lives of Thai citizens. King Adulyade has already approved a new 39-article interim constitution [JURIST report; text], which provides for a civilian government but preserves the military's say in policy, including the power to dismiss the civilian administration. Human rights groups and the US government [JURIST reports] have urged the interim government to revoke martial law, calling the emergency provisions and the military-sponsored interim government a threat to democracy. TNA has more.






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UK chief justice says violating immigrants' rights will only fuel terror
Robert DeVries on October 22, 2006 11:14 AM ET

[JURIST] Britain's top judge has said that disregarding human rights will only breed resentment among immigrants to the UK and fuel support for terrorist efforts. In an address [text] delivered late last week at the University of Hertfordshire, Lord Chief Justice Lord Phillips [BBC profile] endorsed the increasingly-controversial Human Rights Act [text; backgrounder; JURIST news archive], and stressed that the judiciary was not undermining the will of parliament by handing down adverse rulings against violating legislation, but rather was just doing its job. Phillips said:

Since the Second World War we in Britain have welcomed to the United Kingdom millions of immigrants from all corners of the globe, many of them refugees from countries where human rights were not respected. It is essential that they, and their children and grandchildren, should be confident that their adopted country treats them without discrimination and with due respect for their human rights. If they feel that they are not being fairly treated, their consequent resentment will inevitably result in the growth of those who, actively or passively, are prepared to support the terrorists who are bent on destroying the fabric of our society. The Human Rights Act is not merely their safeguard, it is a vital part of the foundation of our fight against terrorism.
Relations between the British government and judiciary have become increasingly strained since the July 2005 London bombings, with Labour Party politicians from Prime Minister Tony Blair [JURIST report] on down publicly taking judges to task for compromising government anti-terror laws in various ways. Several senior judges and lawyers have fired back, accusing the government of overstepping its bounds. Blair and Phillips clashed over the issue [JURIST report] late last year. BBC News has more.





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Israel top court orders president to justify staying in office while under investigation
Michael Sung on October 22, 2006 10:45 AM ET

[JURIST] Israel's Supreme Court [official website] has demanded that Israeli President Moshe Katsav [official website] explain within a week why he has not resigned or suspended his functions while facing a possible indictment for rape, sexual harassment, wire-tapping, and other charges [JURIST report], according to Israeli media reports Sunday. The court also urged Israeli Attorney General Menahem Mazuz [official profile] to quickly decide whether the president will be formally charged. Police recommended the indictment following a three-month investigation covering at least 10 complaints against Katsav by former employees. Katsav's lawyer has said that the president will resign if indicted [Haaretz report]. Mazuz will decide whether to bring an indictment after prosecutors review the evidence, a process that could take a month or longer.

Various legal commentators have called for Katsav to resign [YNet report] and Israeli Education Minister Yuli Tamir [official profile] has suggested that the Knesset should begin impeachment procedures [Haaretz report] should he refuse. Katsav has denied the allegations against him and has vowed to clear his name. The Israeli presidency, which Katsav has occupied since 2000, is largely ceremonial with real power vested in the prime minister [official website]. AFP has more.






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California prisoner transfers to private out-of-state facilities to begin in November
Michael Sung on October 22, 2006 10:02 AM ET

[JURIST] California state corrections officials say that an emergency proclamation [JURIST report; text] by Gov. Arnold Schwarzenegger [official website] aimed at relieving prison overcrowding by transferring prisoners to out-of-state facilities is set for implementation next month. The program, intending to reduce the overcrowding of 172,000 inmates in facilities designed for about 100,000, is intended to relieve the California Department of Corrections and Rehabilitation (CDCR) [official website], which has been forced to house more than 15,000 inmates in gymnasiums and auditoriums. By March 2007 some 2,260 inmates will be transferred to facilities operated by Corrections Corp of America [corporate website] and The GEO Group, Inc [corporate website] in Arizona, Indiana, Oklahoma, and Tennessee. A spokesperson for the CDCR said that the measures were cost-effective, as California is expected to pay private companies $63 dollars a day for each inmate, cheaper than the costs of housing them in California.

The CDCR estimated in early-October that without the emergency measures, it will run out of beds as early as June 2007. The measures are expected to free up space until June 2008, which will give the state legislature time to consider proposals to construct more prison cells or reduce the inmate population. California's prison system [JURIST news archive] has come under increased scrutiny after racially motivated riots broke out [JURIST report] earlier this year. The riot prompted a federal judge to order the establishment of an expert panel to help facilitate California prison reform [CDCR backgrounder]. AP has more.






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