[JURIST] The American Civil Liberties Union filed a motion [PDF text; press release] Wednesday with the Foreign Intelligence Surveillance Court [official backgrounder] asking the court to "disclose recent legal opinions discussing the scope of the government's authority to engage in secret wiretapping of Americans." The ACLU's request includes a recently disclosed FISC decision [JURIST report] restricting the government's monitoring of e-mail and telephone conversations of suspected terrorists in foreign countries. According to the ACLU motion:

Pursuant to Rule 7(b)(ii) of this Court's Rules of Procedure Effective February 17, 2006 ("2006 FISC Rules"), the American Civil Liberties Union ("ACLU") respectfully moves for the unsealing of (i)orders issued by this Court on January 10th, 2007 (the "January 10th orders"; (ii) any subsequent orders that extended, modified, or vacated the January 10th orders, and (iii) any legal briefs submitted by the government in connection with the January 10th orders or in connection with subsequent orders that extended, modified, or vacated the January 10th orders. The ACLU respectfully requests that all such documents (collective, the "sealed materials") be made public as quickly as possible with only those redactions essential to protect information that the Court determines, after independent review, to be properly classified.

The sealed materials are vitally important to the ongoing national debate about government surveillance and the disclosure of the sealed materials would serve the public interest. The Attorney General referenced and characterized certain of the sealed materials in explaining why the President discontinued a warrantless surveillance program that he had inaugurated in late 2001. The House Minority Leader referenced and characterized certain of the sealed materials in advocating that the Foreign Intelligence Surveillance Act ("FISA") be amended for the ninth time since the September 2001 terrorist attacks. Members of Congress referenced and characterized certain of the sealed materials in explaining their support for the amendments. Over the next six months, Congress and the public will consider whether these amendments should be made permanent. Publication of the sealed materials will permit members of the public to participate meaningfully in this debate, evaluate the decisions of their elected leaders, and determine for themselves whether the proposed permanent expansion of the executive's surveillance powers is appropriate.

Unless the FISA court discloses the documents leading up to the recent law and shedding light on the government's claimed surveillance authority, an informed and meaningful debate - the cornerstone of our democracy - cannot occur. A conversation about a threat to our most precious constitutional rights and liberties should not occur in a factual vacuum.

[JURIST] The Namibian High Court on Wednesday sentenced 10 defendants to prison terms ranging from 30 to 32 years after they were convicted of high treason for their roles in the 1999 Caprivi uprising [BBC backgrounder]. The 10, who were removed from the courtroom for unruly behavior during the sentencing, were among 129 defendants accused of fostering the independence movement advocated by the Caprivi Liberation Front [GlobalSecurity backgrounder].

Another 119 defendants remain in the treason and sedition trial, which began [JURIST report] in October 2003. Human rights groups have criticized the Namibian government for allegations that authorities have tortured suspects [Amnesty report] with impunity. AP has more.

[JURIST] US Staff Sgt. Michael A. Hensley has refused to accept a plea agreement [Citizen-Times report] and maintains his innocence on allegations that he and two other soldiers killed three unarmed Iraqis and then placed weapons next to the bodies, according to an interview with Hensley's mother published in Wednesday's Asheville Citizen-Times. Hensley has been charged [JURIST report] with premeditated murder, wrongfully placing weapons with the remains of deceased Iraqis, and obstruction of justice for his alleged involvement in the three separate incidents that occurred between April and June 2007 in the vicinity of Iskandariyah, Iraq [GlobalSecurity backgrounder]. Hensley's mother told the Citizen-Times that he did not accept a military plea deal because while he admits that the killings happened, Hensley maintains that the deaths were lawful.

Specialist Jorge G. Sandoval, Jr. was charged with Hensley in late June, followed by the charging [JURIST report] of US Army Sgt. Evan Vela two days later with premeditated murder, obstruction of justice, wrongfully placing weapons with the remains of decreased Iraqis, and making a false official statement in connection with the killings. The three will face an Article 32 hearing [JAG backgrounder] to determine whether they will face courts-martial. If convicted of premeditated murder, Hensley, Sandoval, and Vela could face the death penalty. AP has more.

[JURIST] French lawyer Francois Roux was sworn in Wednesday to defend former Khmer Rouge prison chief Kaing Khek lev [TrialWatch profile], also known as Duch, in his trial before the Extraordinary Chambers in the Courts of Cambodia (ECCC) [official website]. Cambodian Bar Association President Ky Tech said that Roux is the first foreign defense lawyer to receive formal approval to appear before the ECCC. Roux, who has practiced law for over 30 years and has represented US terror convict Zacarias Moussaoui and defendants before the International Criminal Tribunal for Rwanda, was selected [press release, PDF] by Duch last Wednesday along with Cambodian lawyer Kar Savuth. Roux submitted his application to register with the Bar Association of the Kingdom of Cambodia on July 31 and has been serving as Duch's "legal consultant."

The Defense Support Section of the ECCC opened the application period for defense lawyers on July 10, seeking Cambodian and foreign lawyers [press release, PDF; JURIST report] with at least 10 years of relevant legal experience. Foreign applicants are required to pay a $500 registration fee [JURIST report] to the Cambodian bar association. Duch, the only former official of significance currently in detention, is charged with crimes against humanity [ECCC press release, PDF; JURIST report]. He is the former director of the infamous Tuol Sleng Security Prison [Wikipedia backgrounder], where approximately 17,000-20,000 people were detained, tortured, and sentenced to death. Duch has indicated that he is willing to testify [JURIST report] against other members of the Khmer Rogue [MIPT backgrounder; JURIST news archive], the regime responsible for the deaths of over 1.7 million people between during the 1975-1979 Cambodian genocide. AFP has more.

[JURIST] A federal jury in California convicted [USAO press release] former Brocade Communications Systems [corporate website] CEO Gregory Reyes Tuesday in the first stock options backdating case to go to trial. The jury found Reyes guilty of conspiracy, securities fraud, lying to accountants, and false books for backdating stock options for employees to days when the stock was low in order to increase employee profits on trades. Reyes' attorney, who plans to file an appeal, said after the case that Reyes "acted in the best interests of the employees and shareholders of Brocade." Reyes is scheduled to be sentenced in November.

The practice of backdating includes setting an option-holder's stock price at a day when stock prices were low instead of the price on the day the option was granted. Although the practice itself is not illegal, it can become so if proper records are not kept to account for it. In January, the US Attorney's office in San Francisco opened a separate criminal probe [JURIST report] into the option backdating practices of Apple, Inc. [corporate website]. Although charges against CEO Steve Jobs are unlikely, the Securities and Exchange Commission [official website] said in April that they are considering charges [JURIST report] against former General Counsel Nancy Heinin on allegations of backdating two 2001 stock option grants. Reuters has more.

[JURIST] The US Department of Homeland Security [official website] is expected to issue stricter guidelines this week to enhance employer compliance with federal immigration regulations, the New York Times reported Wednesday. Under the proposed new rules, employers who receive notices from the Social Security Administration [official website] informing them of non-matching records between an employee's name and social security number (SSN) must resolve any discrepancy within 90 days, or be required to dismiss the employee or face up to $10,000 in fines for knowingly hiring illegal immigrants. Social Security Administration spokesperson Mark Hinkle told the Times that the agency sends out notices to employers with over 10 employees with SSN discrepancies and when those employees constitute at least 0.5 percent of the employer's total employees.

The new rules, first proposed last year, were not implemented to allow for congressional debate on immigration reform [JURIST news archive]. The proposed immigration reform bill, however, was rejected [JURIST report] by the Senate in June. The New York Times has more.

[JURIST] Amnesty International Secretary General Irene Khan [AI profile] said Tuesday that although Mexico has played a large role in advocating for human rights in the international arena, the country has failed to adequately address rights abuses at home. Amnesty International [advocacy website] completed its High Level Mission to Mexico [press release] Tuesday, finding that "flaws in the public security and criminal justice system in Mexico currently allow for arbitrary detention, torture, ill-treatment, denial of due process, unfair trials, political interference in the administration of justice, and widespread impunity." Khan said that the purpose of the mission was to ensure Mexico's commitment to upholding human rights. Following the meetings, Amnesty said that:

Amnesty International's meetings with the Mexican government were open and constructive. President Calderon acknowledged Amnesty International's contribution to the development of human rights in Mexico and expressed his own commitment to upholding human rights. He was open to receiving recommendations from Amnesty International on his reform initiatives. The real test will be how the President reflects and implements human rights in his forthcoming legislative and policy reforms. Amnesty International calls on the President to show clear and visible leadership.

[JURIST] Dr. Mohammad Haneef [JURIST news archive], who was detained by Australian authorities last month in connection with the attempted UK car bomb terror attacks [JURIST report], on Wednesday appealed the decision of Australian Immigration and Citizenship Minister Kevin Andrews to revoke Haneef's work visa [JURIST report] and place Haneef under "immigration detention" shortly after he was granted bail by a magistrate. Andrews has said his decision to revoke Haneef's visa on "character test" grounds under the Migration Act [text] was based on Haneef's "associations with people who have been involved in criminal conduct" [ABC report]. Haneef's lawyers argued Wednesday before the Federal Court of Australia that Andrews has misapplied the standard for "association," which should not include mere familial relationships. Government lawyers countered that Andrews revoked Haneef's visa because Haneef left a subscriber identity module [Wikipedia backgrounder] with his second cousin, one of the alleged bombers, when Haneef left the UK over a year ago. Government lawyers also said that Haneef borrowed money from one of the terrorist suspects.

Haneef, who has not been implicated by UK authorities in the attacks, was detained as a terror suspect for 25 days for allegedly providing reckless material support to the suspected terrorists. The terror charge against him was dropped [JURIST reports] after the Australian director of public prosecutions reviewed the case and concluded that there was insufficient evidence [press release]. Haneef has been allowed to leave the country, but he is still considered a suspect [JURIST report] by the Australian Federal Police. He has said that he wants to return to work at the Gold Coast Hospital in Queensland, Australia. AP has more. AAP has additional coverage.

[JURIST] The semi-autonomous Kurdistan Regional Government [official website] in Iraq has adopted the "Kurdistan Oil and Gas Law" after KRG Prime Minister Nechervan Idris Barzani [official profile] signed legislation Tuesday that will allow the Kurdish government to control its own oil resources and select its own foreign investors. The Kurdish government says that the law, passed by the Kurdistan National Assembly [press release] on Monday, is consistent with the Iraqi constitution [JURIST news archive]. The law requires the KRG to share oil revenues with the Iraqi federal government and other regions. Barzani hailed the law as "a historic moment" [press release], saying that the law will allow the people of the Kurdistan region to benefit from its natural resources and will also benefit the whole of Iraq.

The national Iraqi Council of Representatives [official website, in Arabic] entered into summer recess last week despite failing to pass key legislation [JURIST report] and constitutional amendments seen as essential to the stabilization of Iraq. The national draft oil revenue bill [JURIST news archive] has been delayed by successive legislative boycotts and is a source of tension [JURIST reports]. Sunni politicians have pushed for federal control over oil revenues and approval rights for foreign development, while Kurds have been adamant about retaining domestic control in oil resources. AP has more.

[JURIST] The US Court of Appeals for the District of Columbia Circuit ruled [opinion, PDF] Tuesday that terminally ill patients do not have a constitutional right to use experimental drugs that have passed limited safety trials but have not been proven safe and effective under requirements from the Food and Drug Administration [official website]. According to the appeals court, the plaintiffs - the Abigail Alliance for Better Access to Developmental Drugs and the Washington Legal Foundation (WLF) [advocacy websites] - argued in their lawsuit [case materials] that the FDA's "lengthy clinical trials, combined with the 'FDA's restrictions on pre-approval availability, amount to a death sentence for ... [terminally ill] patients.'" The plaintiffs also argued that "the FDA's exceptions to the clinical testing process" do not "provide the terminally ill the access they need." The court upheld a lower court ruling rejecting the plaintiffs arguments and wrote:

Although terminally ill patients desperately need curative treatments ... their deaths can certainly be hastened by the use of a potentially toxic drug with no proven therapeutic benefit. Thus, we must conclude that, prior to the distribution of a drug outside controlled studies, the Government has a rational basis for ensuring that there is a scientifically and medically acceptable level of knowledge about the risks and benefits of such a drug. We therefore hold that the FDA's policy of limiting access to investigational drugs is rationally related to the legitimate state interest of protecting patients, including the terminally ill, from potentially unsafe drugs with unknown therapeutic effects.