[JURIST] Director of National Intelligence Mike McConnell [official profile] Tuesday defended Attorney General Alberto Gonzales against accusations of lying to Congress during testimony last week. In his testimony before the Senate Judiciary Committee [transcript] last Tuesday, Gonzales insisted that a 2004 disagreement between administration officials concerned another undisclosed intelligence program and not the domestic surveillance program [JURIST news archive] called the "terrorist surveillance program." In a letter to Sen. Arlen Specter (R-Pa) [official website], McConnell said that the name "terrorist surveillance program" was not used until early 2006, making Gonzales' testimony technically accurate.

There were reports last week that a 2006 Director of National Intelligence memorandum contradicts Gonzales' testimony [JURIST report] on reauthorization of the surveillance program. In addition, FBI Director Robert Mueller last week contradicted testimony [JURIST report] given by Gonzales concerning the 2004 discussion of intelligence activities. Mueller testified before the House Judiciary Committee [hearing materials] Thursday that there was dissent within the administration concerning the National Security Agency's domestic surveillance program, but Gonzales said that then-Deputy Attorney General James Comey did not express concerns about recertifying the program. It has also been reported that a 2004 FBI memorandum [JURIST report] contradicts testimony Gonzales provided in 2005 on renewal of the Patriot Act. AP has more.

[JURIST] The US House voted 225-199 [roll call] Tuesday to extend the deadline for employees to sue their employer for payment discrimination. The new legislation, the Ledbetter Fair Pay Act of 2007 [HR 2831 materials], would allow employees to sue within 180 days of their last affected paychecks, effectively reversing the ruling of the US Supreme Court in Ledbetter v. Goodyear Tire & Rubber Co. [text; JURIST report]. The Bush administration has threatened to veto the measure [PDF text], saying it "would allow employees to bring a claim of pay or other employment-related discrimination years or even decades after the alleged discrimination occurred."

In May, the US Supreme Court ruled that an employee cannot bring a lawsuit for pay discrimination under Title VII of the Civil Rights Act of 1964 [text] for allegedly discriminatory actions that occurred outside the statutory limitations period even when a paycheck is received during the statutory limitations period. Lilly Ledbetter, who worked at Goodyear for 19 years, alleged that she received less pay than male counterparts because of sex discrimination. The district court awarded Ledbetter $360,000 in damages but the US Court of Appeals for the Eleventh Circuit reversed [opinion, PDF], holding that the district court should have granted Goodyear's motion for judgment as a matter of law because the statute required Ledbetter to file her complaint with the Equal Employment Opportunity Commission (EEOC) [official website] within six months of the alleged illegal employment practice. The Supreme Court affirmed the federal appeals court, rejecting Ledbetter's argument that each paycheck issued violated Title VII, triggering a new six-month EEOC filing period. AP has more.

[JURIST] Georgia Secretary of State Karen Handel [official profile] said Tuesday that Georgia's controversial voter ID law [text; JURIST news archive] will begin to be enforced during Georgia's September 18 Special Elections. Handel also said that the state is filing a motion to lift a stay [press release] of proceedings in a federal challenge [JURIST report], which had been stayed pending a ruling from the Supreme Court of Georgia. Supporters of the law say it is necessary to reduce voter fraud, while critics allege that it will have a negative impact on the turnout of poor, elderly, and minority voters because they are statistically less likely to have driver's licenses.

In June, the Supreme Court of Georgia dismissed a challenge [JURIST report] after finding that the plaintiff lacked standing [opinion, PDF] because she had not and could not be harmed by the voter ID law. The court's decision came in the appeal of a September 2006 superior court ruling that the controversial law was not required under the Georgia constitution [text, PDF] and would disenfranchise otherwise qualified voters [JURIST report], who generally have no use for a state-issued ID [GA DDS information]. AP has more.

[JURIST] The US House of Representatives voted 411-8 [roll call] Tuesday in favor of the Honest Leadership and Open Government Act of 2007 [PDF text, S 1 materials], which requires members of Congress to disclose more information about their fund-raising efforts and gifts they receive from lobbyists, and also prohibits former congress members from lobbying for a short period of time. Other key provisions [AP backgrounder] prohibit members from receiving free air travel and also deny retirement benefits to former members of Congress convicted of bribery, conspiracy to commit an offense against or to defraud United States, perjury, and other offenses.

Under the new rules, members of Congress will have to disclose donations from lobbyists who "bundle" donations totaling over $15,000. The bill institutes a requirement that the identity of a targeted recipient of earmarked funds must be publicized 48 hours before the Senate votes, but also shifts the authority to determine whether a senator has complied with earmark disclosure requirements from the Senate parliamentarian to the majority party's leaders. The Senate is expected to debate and pass their version of the legislation later this week. AP has more.

[JURIST] The Iranian Judiciary [official website] confirmed Tuesday that Iranian Kurdish journalists Adnan Hassanpour and Abdolvahed "Hiva" Botimar [RSF profiles] have been sentenced to death for being "enemies of God." Rights groups, including Reporters Without Borders (RSF) [advocacy website] had earlier reported the death sentences [press release] after initial reports emerged that the two journalists had been sentenced on July 16. RSF said that Hannsanpour worked for the now-banned Asou magazine, while Botimar was a contributor to the publication. Hassanpour was convicted of "activities subverting national security" and "spying" during a closed trial, according to RSF.

Asou was banned in August 2005 by the Ministry of Culture and Islamic Guidance [official website] after criticizing the government. AFP has more.

[JURIST] The New Jersey Superior Court [official website] on Tuesday affirmed a lower court decision that New Jersey is not an appropriate forum [opinion, PDF] for 98 English and Welsh plaintiffs to proceed with personal injury lawsuits against the New Jersey-based pharmaceutical giant Merck [corporate website]. The court held that the UK was an adequate alternative home forum for the plaintiffs [Merck press release, PDF], rejecting the plaintiffs' assertions that their remedies under UK law will be inadequate. In addition, the court also found that the state's interest in "regulating the conduct of corporations domiciled" in New Jersey would not be furthered by the addition of foreign plaintiffs because Merck already faces thousands of domestic plaintiffs alleging that its painkiller Vioxx [Merck backgrounder; JURIST news archive] contributed or caused their cardiovascular illnesses. The plaintiffs' lawyer, Michael A. Galpern, said they are considering an appeal to the Supreme Court of New Jersey [official website] and criticized the ruling for disregarding the British legal system's assignment of legal fees to losing plaintiffs.

Merck pulled Vioxx from the market in September 2004 after a study showed that it could double the risk of heart attacks or stroke if taken for more than 18 months. Merck has set aside $1 billion to fight every Vioxx court challenge. AP has more.

[JURIST] The Queen's Bench Division of the England and Wales High Court ruled [judgment text] Tuesday that the continued imprisonment of two inmates serving indeterminate prison sentences without the means to prove their rehabilitation constitutes arbitrary and unreasonable detention and is therefore unlawful. An indeterminate sentence, also referred to as an imprisonment for public protection sentence (IPP) [BBC backgrounder], requires an inmate to demonstrate to the Parole Board [official website] that he or she is no longer a threat to society to become eligible for release after serving a minimum sentence. The two petitioners had served their minimum sentence, but had been unable to provide the Parole Board with any such evidence because the prisons lacked the resources for rehabilitation programs. The UK Ministry of Justice [official website] and Parole Board have been granted a stay on the ruling pending a decision from the England and Wales Court of Appeal.

IPP sentences were introduced as part of the Criminal Justice Act 2003 [Sec. 225 text] and became effective in April 2005. The ruling is the latest setback to the UK's overcrowded prison system. In June, the UK justice minister told members of parliament that he had given authority to prison wardens to parole offenders who were coming to the end of their sentence [JURIST report] to help relieve prison overcrowding [BBC backgrounder] across England and Wales. In May, the England and Wales Court of Appeal ruled [judgment] that prisoners held in detention beyond the date on which they became eligible for parole may seek compensation for wrongful imprisonment. An estimated 500 to 700 prisoners annually miss their early release deadlines due to delays in the system, denying them a mandatory hearing before a parole board. The UK Press Association has more.

[JURIST] The Namibian human rights group National Society for Human Rights (NSHR) [advocacy website] Tuesday said that it has asked the International Criminal Court (ICC) [official website] to investigate former Namibian President Sam Nujoma [BBC profile] in connection with the disappearance of over 4,200 people during the country's struggle for independence from South Africa in the second half of the 20th century. The NSHR said that Nujoma played a role in the disappearance of detainees during the movement for independence by the South West African Peoples Organisation (SWAPO) [Wikipedia backgrounder]. It is believed that people accused of spying for South Africa were held in underground cells and never released.

Nujoma was president of Namibia from 1990-2005 after the country gained its independence from South Africa. He was succeeded by fellow SWAPO member Hifikepunye Pohamba [BBC profile]. AFP has more.

[JURIST] Indonesian Foreign Minister Hassan Wirajuda Tuesday rebuked UN Secretary-General Ban Ki-moon [official website] for criticizing the East Timorese-Indonesian Commission of Truth and Friendship (CTF) [official website]. Ban said last week that the commission violates international humanitarian standards [JURIST report] because it allows for the possibility of amnesty for perpetrators of crimes against humanity. Wirajuda said that the government of East-Timor voluntarily agreed to the commission to resolve past disputes without injuring long-term relations with Indonesia. He further stressed that the commission is designed to aid in reconciliation, not the process of prosecution, and said that the UN has not offered an alternative.

The East-Timorese government has rejected the establishment of an international tribunal to try those responsible for human rights abuses committed in 1999 following a UN-sponsored referendum in which East Timor voted for independence from Indonesia. Ban has indicated that UN officials will not testify [press release] before the commission and that the UN "would not support the work of the CTF and thereby further the possible grant of amnesties." The CTF, established [terms of reference] in 2005 by the East-Timorese and Indonesian governments, is tasked with reviewing alleged human rights abuses, but does not have independent authority to prosecute suspects. Kyodo News has more.

[JURIST] Chief Justice of the United States John Roberts [OYEZ profile; JURIST news archive] was released from the hospital Tuesday after suffering a benign idiopathic seizure on Monday. In a phone conversation with President Bush earlier in the day, Roberts assured the president that he was doing well and White House Press Secretary Tony Snow described Roberts as "in great spirits" [AP report]. Roberts was hospitalized as a precaution [JURIST report] after the seizure occurred Monday at his vacation home in Maine.

Roberts, 52, was sworn in [JURIST report] in September 2005, becoming the 17th chief justice of the United States. AP has more.

[JURIST] Algerian Guantanamo Bay detainee Ahmed Belbacha [BBC profile] filed an emergency appeal with the US Court of Appeals for the DC Circuit Monday to stop the government from transferring him from Guantanamo Bay [JURIST news archive] to his home country, after US District Judge Rosemary M. Collyer denied his motion [AP report] to stay the transfer last week. The federal appeals court issued a temporary order [SCOTUSblog report] disallowing the federal government from transferring Belbacha until the court is able to fully "consider the merits of the motion to stay." The government was ordered to respond to the motion by 4 PM Tuesday.

Belbacha filed the motion because he says that he will be tortured and perhaps killed if returned to Algeria. His lawyers have asked for help from the UK, where Belbacha lived for three years, but British officials will only intervene in cases involving British citizens. The Times has more.

[JURIST] A group of US House Democrats said Monday that they plan to pursue a resolution instructing the House Judiciary Committee [official website] to launch an investigation into whether to impeach Attorney General Alberto Gonzales [official profile; JURIST news archive]. Rep. Jay Inslee (D-WA) [official website], sponsor of the resolution, and six co-sponsors plan to introduce the measure to investigate whether Gonzales has been truthful about the Bush administration's expanding domestic surveillance program [JURIST report]. The White House has said that this is just another "partisan attack," but Inslee defended the move, saying that "it's indefensible to treat the truth with such cavalier disregard when talking to the American people and Congress."

On Sunday, US Senate Judiciary Committee Chairman Patrick Leahy (D-VT) said that Gonzales may be the subject of a perjury investigation [JURIST report] if he does not clear up concerns regarding the truthfulness of his testimony on warrantless wiretapping. Last week, FBI Director Robert Mueller contradicted testimony [JURIST report] given by Gonzales concerning a 2004 discussion of intelligence activities. Mueller testified before the House Judiciary Committee [hearing materials] last Thursday that there was dissent within the administration concerning the domestic surveillance program, but Gonzales said earlier in the week that then-Deputy Attorney General James Comey did not express concerns about recertifying the program. In his testimony before the Senate Judiciary Committee [transcript] last Tuesday, Gonzales insisted that Comey's reservations concerned another undisclosed intelligence program and not the domestic surveillance program as widely reported. There have also been recent reports that a 2006 Director of National Intelligence memorandum contradicts Gonzales' testimony [JURIST report] on reauthorization of the surveillance program and that a 2004 FBI memorandum [JURIST report] contradicts testimony Gonzales provided in 2005 on renewal of the Patriot Act. AP has more.

[JURIST] Former Khmer Rouge prison chief Kaing Khek Iev, also known as Duch, was charged [ECCC press release, PDF] with crimes against humanity Tuesday by the Extraordinary Chambers in the Courts of Cambodia (ECCC) [official website; JURIST news archive]. Duch was questioned [AP report] earlier in the day by the ECCC, the special tribunal investigating the Khmer Rouge genocide [JURIST news archive], concerning allegations of torture at the S-21 prison, where some 17,000 people died. Duch told the tribunal that he was only following the orders of his superiors, as he "would have died if [he] disobeyed."

Duch, one of five former Khmer Rouge leaders under investigation by the court, was arrested in 1999 on genocide charges and was subsequently charged by a military court with crimes against humanity in 2002 and war crimes [JURIST report] in March. Those charges were primarily brought to keep Duch in custody while the ECCC started operations. Earlier this month, Nuon Chea [BBC profile], former deputy general of the Cambodian Communist Party and the most senior surviving member of the Khmer Rouge, said in an interview that he expects to appear before the ECCC, but denied any responsibility for the genocide. The ECCC was established by a 2001 law [text as amended 2005, PDF] to investigate and try those responsible for the Cambodian genocide that occurred between 1975-1979. The genocide resulted in the deaths of approximately one-third of the Cambodian population. To date, no top Khmer Rouge officials have faced trial, and the charges against Duch are first charges brought by the tribunal. BBC News has more.

[JURIST] Agents from the Federal Bureau of Investigation and the Internal Revenue Service searched the home of US Sen. Ted Stevens (R-AK) [official website] Monday as part of an investigation into Stevens' relationship with VECO Corp. founder Bill Allen, who pleaded guilty earlier this year to bribing public officials. According to investigators, Allen oversaw an expansive renovation of Stevens' home in 2000. Stevens is cooperating with the investigation, and has declined to comment until after its conclusion when "all the facts can be established and the truth determined."

VECO Corp. [corporate website], an oil services and engineering company, has obtained millions of dollars in federal contracts. Allen and another VECO executive, Richard Smith, pleaded guilty [press release] in May "to providing more than $400,000 in corrupt payments to public officials from the state of Alaska." According to the DOJ:

Allen and Smith each pleaded guilty at hearings in federal court today in Anchorage, Alaska, to a three-count information charging them with: bribery; conspiracy to commit bribery, extortion under color of official right, and honest services mail and wire fraud; and conspiracy to defraud the Internal Revenue Service of the U.S. Department of Treasury. In filed court documents, Allen and Smith each admitted to conspiring with five current and former members of the Alaska Legislature – identified in court documents as State Representative A, State Representative B, State Representative C, State Senator A, and State Senator B – to provide illegal financial benefits to multiple Alaska elected officials in exchange for those officials' support on legislation pending before the Alaska State Legislature. Allen and Smith also pleaded guilty to one substantive count of bribery, and admitted that they provided greater than $400,000 in benefits to public officials from the state of Alaska in connection with the scheme.