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Legal news from Sunday, March 18, 2007




FBI ignored lawyers' warnings on phone records collection: WashPost
Leslie Schulman on March 18, 2007 4:28 PM ET

[JURIST] The FBI [official website] largely ignored growing concerns from its own lawyers and managers about the lawfulness of retrieving thousands of telephone records of US citizens between 2004 to 2006, the Washington Post reported Sunday. The allegations follow a sharply critical March 9 report [PDF] by US Department of Justice Inspector General Glenn Fine [official profile] on Patriot Act investigative practices which revealed that the FBI broke and misused laws [JURIST report] in the process of obtaining personal information from telephone companies, internet service providers, banks, credit bureaus and other business personal records. FBI lawyers are said to have expressed concerns as early as October 2004, although they only started taking a hard look at the record collection process in 2006.

Last week, top US Justice Department officials acknowledged fault and apologized for the illegal activities. FBI Director Robert Mueller said [press briefing transcript] that FBI agents had improperly used so-called "exigent letters," and that the FBI had suspended their use since May of last year and would only use them in the future "when the circumstances comport with the [Patriot Act]." Mueller also admitted that the FBI violated privacy protections in its use of national security letters (NSLs) [FAS backgrounder; example, PDF] with inaccurate record keeping, and also failed to detect potential Intelligence Oversight Board (IOB) violations and submit them to IOB review. The Washington Post has more.






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Iraqi court delays Anfal trial resumption to grant prosecutors more time
Melissa Bancroft on March 18, 2007 3:13 PM ET

[JURIST] Minutes after the Iraqi High Tribunal [official website] resumed proceedings Sunday in the Anfal trial [JURIST news archive; BBC trial timeline] it adjourned the proceeding after a prosecution request for more time. The trial is expected to begin again on March 26. On Thursday, two defense witnesses testified anonymously from behind a curtain. The first witness insisted he had nothing to share with the court and the court has refused to release the second witness's testimony. Defense lawyer Badie Arif Ezzat was arrested on Thursday for contempt of court based on his public criticisms of the court, according to presiding judge Mohammad Al-Orabi.

The six defendants are all former Hussein regime officials charged in connection with the deaths of as many as 180,000 Kurds during the so-called "Anfal" campaigns [HRW backgrounder] of the 1980s. KUNA has more.

3/19/07 - The adjournment was also prompted by the appearance of defense lawyer Badie Arif Ezzat in the courtroom, according to court officials speaking anonymously. Presiding judge Mohammad Al-Orabi had ordered Ezzat's arrest on Thursday for contempt of court based on the lawyer's public criticisms of the court. Al-Orabi was told Sunday that Ezzat was in the courtroom by order of US officials attached to the court in an advisory capacity. AP has more.






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Egypt lawmakers boycott constitutional amendments debate
Leslie Schulman on March 18, 2007 2:41 PM ET

[JURIST] Over 100 members of the Egypt parliament boycotted a Sunday parliamentary session called to debate constitutional amendments [JURIST report] proposed last year by President Hosni Mubarak [official profile; JURIST news archive]. Critics say the amendments, which target 34 articles of the constitution, are designed to favor Mubarak and his ruling National Democratic Party [party website] and restrict powers of the Islamist and independent parties. The opposition also claims that the amendments are being pushed through parliament without proper debate. Parliament is expected to approve the amendments as early as Tuesday, with a popular referendum to follow on April 4.

In advance of Sunday's debate, Amnesty International [advocacy website] called [press release] the proposed changes the "greatest erosion of human rights" since the Egyptian government re-imposed emergency laws [JURIST news archive] in 1981 and urged parliament to reject them:

The amendments . . . would give sweeping powers of arrest to the police, grant broad authority to monitor private communications and allow the Egyptian president to bypass ordinary courts and refer people suspected of terrorism to military and special courts, in which they would be unlikely to receive fair trials.
AFP has more.





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Gonzales apologizes to prosecutors for mishandling US Attorney firings
Melissa Bancroft on March 18, 2007 2:22 PM ET

[JURIST] US Attorney General Alberto Gonzales [official profile] apologized in a conference call with federal prosecutors Friday for mishandling the dismissal [JURIST report] of eight US Attorneys. Gonzales has been heavily criticized since he fired the attorneys in 2006 amid speculation the moves were politically motivated [JURIST report]. During the phone call, Gonzales regretted suggesting the firings were reflective of the prosecutors' job performance but was clear in his refusal to apologize for the firings themselves. Also on Friday, Kyle Sampson [profile], Gonzales' former Chief of Staff, released a statement that refuted his participation in misinforming Congress about the dismissals.

According to e-mails [PDF; set 2, PDF] revealed Tuesday, Sampson and former White House counsel Harriet Miers [official profile;JURIST news archive] suggested firing [JURIST report] all 93 US Attorneys at the beginning of President Bush's second term. Top Bush adviser Karl Rove apparently initially mentioned the possibility [JURIST report] in a 2005 e-mail exchange. Sampson resigned [press release] from his position Monday. AP has more.






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Poland pledges new cooperation on EU constitution but key players may yet balk
Melissa Bancroft on March 18, 2007 1:57 PM ET

[JURIST] Polish President Lech Kaczynski [official website, in Polish] assured German Chancellor Angela Merkel [BBC profile] Saturday that Warsaw would not hinder efforts to reach agreement on a European Constitution [JURIST news archive]. Poland joins Spain and Italy in their recent pledge to support Germany in reviving the European charter which stalled in 2005 after being rejected by voters in France and the Netherlands. Many observers nonetheless agree that Merkel will face more difficulty [AFP report] in gaining support from France and Britain by the end of Germany's EU presidency in June. British Foreign Secretary Margaret Beckett said Sunday she was doubtful the German draft of the constitution would be approved.

Earlier this month British EU Minister Geoff Hoon blamed the term "constitution" [JURIST report] for the slow progress of an official set of EU operating rules. AFP has more.






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Hicks seeks injunction to delay Guantanamo trial
Leslie Schulman on March 18, 2007 1:52 PM ET

[JURIST] Australian Guantanamo Bay detainee David Hicks [JURIST news archive] has filed for an injunction to delay his military trial currently scheduled to start March 20 [JURIST report]. Maj. Michael Mori, Hicks' Pentagon-appointed lawyer, said Saturday that Hicks' defense team asked the US District Court in Washington last week to order the suspension of Hicks' military commission [JURIST news archive], even though he admitted the bid will likely be unsuccessful. The injunction bid was made in parallel with an appeal by other Guantanamo inmates to the US Supreme Court [Reuters report], asking for the right to challenge their detention in US courts.

US military prosecutors have charged Hicks with providing material support to terrorists [JURIST report]. He is expected to plead not guilty. AP has more.






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