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Legal news from Monday, March 19, 2007 |
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New DOJ emails document White House discussions of US Attorney firings
Mike Rosen-Molina on March 19, 2007 9:00 PM ET

[JURIST] Hundreds of email documents released by the US Department of Justice [official website] late Monday show that, contrary to its earlier claims, the White House was deeply involved in discussions to fire eight US Attorneys last year, according to ABC News. There are no emails directly from US Attorney General Alberto Gonzales [official profile], who reportedly does not use email, but the DOJ said former chief of staff Kyle Sampson [official press release] kept him informed of all developments. Gonzales is scheduled to testify April 17 before the Senate Judiciary Committee [official website] about his handling of the dismissals.
An email conversation [text] released by the DOJ last week indicated that White House advisor Karl Rove [official profile] originally mentioned the possibility of firing all 93 US Attorneys [JURIST report] in January 2005, contradicting the White House's previous assertion that the idea first came from former White House counsel Harriet Miers [official profile]. In an email from Sampson at the Justice Department to Gonzales, former-deputy White House Counsel David Leitch [appointment announcement] and Colin Newman of the White House Counsel's Office, Sampson said that Rove had asked whether the administration planned to fire all US Attorneys. Sampson said that the White House Counsel's Office planned to fire "underperforming" Attorneys, further stating that the majority of US Attorneys are "are doing a great job, are loyal Bushies." ABC News has more.


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Chiquita pleads guilty to paying protection money to Colombian terrorists
Leslie Schulman on March 19, 2007 7:15 PM ET

[JURIST] Chiquita Brands International, Inc. [corporate website] pleaded guilty [US DOJ press release] Monday to one count of engaging in transactions with a specially-designated global terrorist organization after admitting to deals with Colombian terrorists. The Cincinnati-based company is charged with having paid approximately $1.7 million to Colombian terrorist group United Self-Defense Forces (AUC) [CDI backgrounder; organization website, in Spanish] between 1997 and 2004 to protect its banana harvesting operations in Colombia. According to prosecutors, Chiquita also paid protection money to the National Liberation Army (ELN) and the Revolutionary Armed Forces of Colombia (FARC) [CDI backgrounders].
Under the terms of the agreement made last week, Chiquita will pay a fine of $25 million [JURIST report], payable in five equal annual installments with interest, and will continue to cooperate with the government in any continuing investigation into the matter. As previously disclosed, Chiquita had recorded a reserve in 2006 for the full $25 million fine amount in anticipation of reaching a settlement with the government. In a statement late last week Chiquota said that "The payments made by the company were always motivated by our good faith concern for the safety of our employees. Nevertheless, we recognized and acted upon our legal obligation to inform the DOJ of this admittedly difficult situation. The agreement reached with the DOJ...is in the best interests of the company." The agreement is subject to approval and acceptance by the US District Court for the District of Columbia [official website] and, if not accepted by US District Judge Royce Lamberth [official profile], Chiquita could pay up to $100 million in fines when it faces sentencing on June 1. AP has more.


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US general warns House resolution on Armenian 'genocide' could pose problems
James M Yoch Jr on March 19, 2007 3:41 PM ET

[JURIST] US Air Force Maj. Gen. Robertus Remkes [official profile], Director of Strategy, Policy and Assessments at US European Command [official website], has expressed concern about negative military repercussions if the US House of Representatives passes resolution HR 106, [text, PDF; key excerpts] identifying the World War I-era killings by Turkish soldiers of over one million Armenians [ANI backgrounder] as genocide. Turkey [JURIST news archive], which produces much of the equipment used by US forces in Afghanistan, disputes the number of deaths and denies [JURIST report] they were due to war crimes or genocide. Remkes says that approval of the resolution could sour relations [JURIST report] between the US and Turkey and cause Turkey to revoke permission to use its air space and US military bases in the country.
Lawmakers in several countries have introduced resolutions identifying the Armenian deaths as genocide, including France, which deferred consideration [JURIST report] of a measure following threats of sanctions from the Turkish government. The US House could vote on its resolution [JURIST report] as early as April. Stars and Stripes has more.


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State Farm Katrina settlement payouts expedited after Mississippi intervention
Brett Murphy on March 19, 2007 3:16 PM ET

[JURIST] State Farm Insurance [corporate website] will accelerate settlement payouts to Mississippi Gulf Coast residents whose homes were affected by Hurricane Katrina [JURIST news archive], according to Mississippi Insurance Commissioner George Dale [official profile] Monday. Dale told Reuters that after the court delayed certifying a proposed settlement, he negotiated with State Farm "to bring closure for coastal homeowners." State Farm had originally reported that it would no longer write new policies to insure Mississippi home owners when the settlement was delayed, but Dale said his the resolution would discourage State Farm, Mississippi's largest insurer, from leaving the state. The agreement makes millions of additional dollars available to insured homeowners in three coastal counties.
In February, State Farm filed to have a judge removed [JURIST report] from a Katrina class action lawsuit for bias. In January, a Mississippi jury held State Farm liable for $2.5 million dollars in punitive damages [JURIST report] for rejecting a Katrina claim that State Farm said was due to wind before the storm rather than the hurricane itself. In the same month, State Farm agreed to settle with hundreds of Mississippi homeowners, but the judge rejected the proposed settlement [JURIST reports]. Reuters has more.


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Ex-Saddam VP faces Iraq execution
James M Yoch Jr on March 19, 2007 3:05 PM ET

[JURIST] Former Iraqi Vice President Taha Yassin Ramadan [Trial Watch profile; JURIST news archive] will be hanged Tuesday, according to Iraqi legal sources quoted by wire services Monday afternoon. The Iraqi government has scheduled the execution despite defense lawyers' contention that the government must wait at least 30 days after sentencing to execute a defendant. Ramadan, found guilty [JURIST report] with Saddam Hussein of crimes against humanity by the Iraqi High Tribunal (IHT) [official website] in November for his role in the reprisal killings of 148 Shiites at Dujail, lost [JURIST report] an appeal [text; JURIST report] of his sentence last week. He was originally given a life sentence, but after intervention by the appeals panel the trial court in February ordered the death penalty [JURIST report].
Following the failed appeal Ramadan's Rome-based lawyer Giovanni Di Stefano sent a letter [text] to Gen. David Petraeus [official profile], commanding general of the Multi-National Force Iraq, urging him to intervene and prevent Ramadan's transfer from US to Iraqi custody. Di Stefano has also petitioned [text] Iraqi President Jalal Talabani, who has expressed opposition to the death penalty, to intervene and commute Ramadan's sentence. In an e-mail to JURIST late Monday, Di Stefano, formerly one of lawyers representing Saddam Hussein, said he had already moved to prosecute Saddam trial chief judge Rauf Rasheed Abdel-Rahman [JURIST news archive] in the UK after he was alleged to have sought asylum there, and would "prosecute any and all that have been involved in the execution of my clients."
Last week, UN Special Rapporteur on the independence of judges and lawyers [official website] Leandro Despouy urged [JURIST report] the Iraqi government not to execute Ramadan because of "grave shortcomings" in his legal process. In February, UN Special Rapporteur on extrajudicial, summary or arbitrary executions Phillip Alston [university profile] also called [JURIST report] on the government to suspend the execution because of judicial misconduct. Reuters has more.
9:32 PM ET - Ramadan lawyer Giovanni Di Stefano issued a statement [text] Monday night saying in part: I have tonight written a further letter to General Petraeus in Baghdad as well as Dr. Rice at the US State Department and an urgent fax to President Talabani. As a matter of law (which actually is not at all applied in Iraq) no execution can take place without (a) the approval of President Talabani and (b) without President Talabani having ruled on my application to commute the sentence to life imprisonment.... I can also confirm that Taha Ramadan has indeed telephoned and spoke to his family. I last saw him on 8th March 2007 and boy was he firm and strong although I know he had the look of facing death in the eyes. He will die with dignity which is more than can be said for those that are responsible for state-sponsored murder. 9:45 PM ET - Wire service reports say that Taha Yassin Ramadan was hanged before dawn Tuesday Baghdad time, according to an official in the Iraqi prime minister's office. Ramadan is the fourth high-ranking Saddam regime official to have been executed on order of the Iraqi High Tribunal. His hanging is said to have been performed carefully and without incident that might have inflamed new protests by Iraqi Sunnis. AP has more.


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Supreme Court hears arguments in student free speech, RICO right-of-way cases
Brett Murphy on March 19, 2007 2:12 PM ET

[JURIST] The US Supreme Court [official website; JURIST news archive] heard oral arguments [transcript, PDF] Monday in Morse v. Frederick [Duke Law case backgrounder; merit briefs], 06-278 [docket], where the court must decide whether a student's First Amendment [text] rights had been violated when a principal suspended him after he displayed a banner with the message "Bong hits 4 Jesus" during a televised parade on a school day. The principal's attorney argued that the administrator acted reasonably and in line with the district's anti-drug policies, arguing that a decision against them would leave schools unable to stop students from promoting the use of drugs. Opposing counsel argued that a holding in favor of the principal will unreasonably restrict students' rights of free speech. The US Ninth Circuit Court of Appeals [official website] held [opinion, PDF] in March 2006 that because the principal could not reasonably predict "material interference with school activities" as a result of the speech, he was not permitted to restrict the speech. Justice Breyer said during argument that although he is concerned about encouraging students to test the limits of free speech, a ruling against the student could unduly limit those rights. AP has more.
The court also heard oral arguments [transcript, PDF] in the case of Wilkie v. Robbins [Duke Law case backgrounder; merits brief], 06-219 [docket], in which the court will consider whether officials of the Bureau of Land Management [official website] can be held liable under under the Racketeer Influenced and Corrupt Organizations Act (RICO) [text] and Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics [opinion, text] for trying to gain a reciprocal right-of-way through private property connected with public lands. The US Tenth Circuit Court of Appeals [official website] held that the government officials' alleged wrongful use of lawful authority to procure a right-of-way runs counter to established law.


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