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Legal news from Monday, August 27, 2007




Federal judge issues temporary injunction against Missouri abortion law
Mike Rosen-Molina on August 27, 2007 8:36 PM ET

[JURIST] A federal judge issued a temporary injunction Monday blocking a Missouri abortion law [HB 1055 text] that would subject more abortion clinics to tighter state control. The law, which had been scheduled to go into effect Tuesday, would classify abortion clinics that perform more than five first-trimester abortions a month or any second- or third-trimester abortions as "outpatient surgery centers," and require them to meet stringent state building, staffing and health codes. Planned Parenthood of Kansas and Mid-Missouri [advocacy website] challenged [AP report] the law, arguing that it infringed on womens' rights and would force the organization to close several of its clinics. HB 1055 would also ban abortion providers from disseminating information at schools and establish a permanent Alternatives to Abortion Program [MO press release] in the state. US District Judge Ortrie Smith said he would decide whether to make the injunction permanent at a September 10 hearing. AP has more.

Abortion [JURIST news archive] is a hot-button issue in Missouri, where the legislature is dominated by an anti-abortion majority. In May, the Missouri Supreme Court unanimously upheld [opinion; JURIST report] a 2005 law that allows parents to sue people who help their minor daughters get an abortion without parental consent. Planned Parenthood had challenged the law on the basis that it infringed the group's First Amendment right to free speech by blocking it from disseminating information or counseling clients about abortion. In April, the US Supreme Court issued an order [PDF text; JURIST report] vacating a 2005 decision [PDF] by the US Court of Appeals for the Eighth Circuit striking down Missouri's 1999 "partial birth" abortion ban [JURIST report]. The Supreme Court's ruling followed its earlier decision in Gonzales v. Carhart [text; JURIST report] upholding the federal Partial Birth Abortion Ban Act of 2003 [PDF text].






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China legislature considering tougher fines for water polluters
Brett Murphy on August 27, 2007 5:12 PM ET

[JURIST] Chinese state media reported Monday that the National People's Congress [official website, in Chinese] is considering new legislation [China Daily report] that would increase penalties for companies that pollute the nation's waterways. The new law would remove present pollution fine caps and allow the government to fine companies 20-30 percent of the direct financial loss caused by their polluting.

China's population amounts to 22 percent of the world population, but the country holds only 8 percent of the world's water [TIME Asia report], making water pollution a growing concern. China has recently committed itself to reducing major pollution by 10 percent between 2006 and 2010. AP has more.






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Military jury begins deliberations in Abu Ghraib intelligence officer court-martial
Brett Murphy on August 27, 2007 4:44 PM ET

[JURIST] The military jury in the case against US Army Lt. Col. Steven L. Jordan [CBS profile; JURIST news archive] began deliberations Monday to decide charges against Jordan relating to the Abu Ghraib prison abuse scandal [JURIST news archive]. During closing arguments in Jordan's court-martial, the government said that Jordan is on trial for failing to properly train and oversee his soldiers while at the prison facility. Jordan's lawyer said during closing that one of the government's top witnesses, Maj. Donald Reese, lied that Jordan endorsed stripping prisoners as part of their interrogation "to deflect blame" away from himself.

Jordan is the only commissioned officer charged in connection to the abuse that occurred at the Iraqi prison. Last week, Jordan pleaded not guilty [JURIST report] to cruelty and maltreatment and other charges stemming from the scandal. Prosecutors dropped two charges [JURIST report] after new evidence came to light that Jordan provided statements to an official investigating the Iraqi prison abuse allegations without being properly read his rights, making his statements inadmissible. In his 2004 report [PDF text; JURIST report], Maj. Gen. George R. Fay recommended that Jordan and his superior Col. Thomas Pappas [official profile] be punished for their roles in the abuse scandal. Pappas was granted immunity in exchange for his testimony against Jordan. Pappas testified during Jordan's Article 32 hearing [JURIST report] that Jordan was concerned that he did not have the proper training or experience to assume his role running the Joint Interrogation and Debriefing Center [GlobalSecurity backgrounder] at Abu Ghraib. AP has more.






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UN rights commissioner urges Myanmar to release detained protesters
Brett Murphy on August 27, 2007 4:10 PM ET

[JURIST] UN High Commissioner for Human Rights Louise Arbour [official website] has urged Myanmar to immediately release demonstrators [statement] detained last week after participating in a peaceful protest against a recent rise in fuel prices. Arbour said Sunday that allowing citizens to peacefully express themselves will help foster both democracy and reconciliation in Myanmar. Arbour's remarks came days after UN Secretary-General Ban Ki-moon released a statement [text] saying that the UN will be "following events in Myanmar closely, particularly in light of reports that student leaders and others have been arrested by the authorities."

The military-led government of Myanmar [JURIST news archive] has recently received widespread international criticism for alleged human rights violations. In June, the United States renewed pressure [JURIST report] on the nation to release democracy advocate and Nobel Peace Prize laureate Daw Aung San Suu Kyi [advocacy website], as well as 52 activists arrested [JURIST report] in May for participating in vigils calling for her release. Also in June, the International Committee of the Red Cross denounced "violations of international humanitarian law" [press release] committed by the Myanmar government against citizens and detainees. In May, the UN Working Group on Arbitrary Detention ruled [opinion, PDF] that the extended detention of Suu Kyi violates the Universal Declaration on Human Rights and the International Convention on Civil and Political Rights [texts]. The UN News Service has more.






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Ebadi urges UN probe of Iran women's rights
Michael Sung on August 27, 2007 3:09 PM ET

[JURIST] Iranian 2003 Nobel Peace Prize laureate and human rights lawyer Shirin Ebadi [advocacy website, in Persian; JURIST news archive] said Monday that she has urged UN High Commissioner for Human Rights Louise Arbour [official website; JURIST news archive] to investigate allegations that the Iranian government has been detaining women's rights activists and charging them with national security offenses. Ebadi, who says that approximately 50 activists have been detained for advocating women's rights, is asking Arbour to dispatch a special rapporteur to Iran.

Ebadi, currently representing Iranian-American scholar Haleh Esfandiari [WWC profile; JURIST news archive], has also accused the Iranian government of denying Esfandiari access to lawyers. Last Wednesday, Ebadi indicated that national security charges were still pending against Esfandiari after her release on bail [JURIST reports]. She also said that Esfandiari has the right to leave Iran, but cannot do so because her passports have not been returned to her. Reuters has more.






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Bangladesh court postpones court date for former PM Zia
Michael Sung on August 27, 2007 2:42 PM ET

[JURIST] A Bangladeshi court has given former Prime Minister Begum Khaleda Zia [UN profile] a 30-day extension to appear in court, Zia's lawyer Mohammad Sanaullah said Sunday. Zia, who was scheduled to appear before the court for tax evasion charges on Sunday, had requested additional time on the grounds that current security conditions barred her from appearing in court. Last week, student protests against the military-backed interim government, which has passed emergency laws [JURIST report] allowing detention without warrants or specific charges, turned violent, resulting in hundreds of injuries and one death. The court has given Zia until September 27 to appear before the court.

Last Wednesday, mass protests prompted the government to impose an indefinite curfew [JURIST report]. Human Rights Watch has urged [press release; JURIST report] the Bangladeshi government to adhere to international human rights standards, insisting that "anyone detained under emergency regulations must be charged with a cognizable criminal offense or released." The interim government has also filed extortion charges against former Prime Minister Sheikh Hasina Wajed [party profile; JURIST news archive]. AFP has more.

8:34 PM ET - Bangladeshi authorities lifted the curfew Monday, saying the security situation has improved. BBC News has more.






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Iraq PM says agreement reached on key laws
Michael Sung on August 27, 2007 1:51 PM ET

[JURIST] Iraqi Prime Minister Nouri al-Maliki [BBC profile] announced Sunday that sectarian leaders have come to an agreement on several contentious draft laws which have been identified by the US as key to the country's progress [JURIST report]. Under the new agreement, former Baath Party [party website, in Arabic; JURIST news archive] members not convicted of any crimes will be allowed to participate in the political process and serve in the civil and military service and procedures will be established to allow the release of uncharged security detainees. One of al-Maliki's advisers also indicated that the leaders have agreed to a draft law on the distribution of oil revenues [JURIST news archive]. The proposals must all still be adopted by the Iraqi Council of Representatives [official website, in Arabic].

In early August, the Sunni Iraqi Accordance Front left the government [JURIST report] after al-Maliki refused its demands that he pardon uncharged security detainees and let all government-represented groups participate in security matters. Later five Iraqi Cabinet ministers belonging to the secular and nonsectarian Iraqi National List announced a boycott of government meetings [JURIST report], effectively ending Sunni representation in al-Maliki's government. The move prompted Shi'a and Kurdish leaders to create a new coalition government [JURIST report] to ensure that the coalition government will maintain a majority in the 275-seat legislature and be able to push through legislation seen as essential to the stabilization of Iraq. Reuters has more. BBC News has additional coverage.






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Gonzales resignation effective Sept. 17
Jeannie Shawl on August 27, 2007 12:34 PM ET

[JURIST] US Attorney General Alberto Gonzales [official profile; JURIST news archive] confirmed his earlier-reported resignation [letter, PDF; JURIST report] Monday, saying that he will conclude his "government service as attorney general of the United States effective as of September 17th, 2007." In a statement [text] at the Justice Department Monday morning, Gonzales continued:

Let me say that it's been one of my greatest privileges to lead the Department of Justice. I have great admiration and respect for the men and women who work here. I have made a point as attorney general to personally meet as many of them as possible, and today I want to again thank them for their service to our nation.

It is through their continued work that our country and our communities remain safe, that the rights and civil liberties of our citizens are protected, and the hopes and dreams of all of our children are secured.

I often remind our fellow citizens that we live in the greatest country in the world and that I have lived the American dream. Even my worst days as attorney general have been better than my father's best days.

Public service is honorable and noble. And I am profoundly grateful to President Bush for his friendship and for the many opportunities he has given me to serve the American people.
President George W. Bush said Monday that he was reluctant to accept Gonzales' resignation [statement], calling Gonzales "a man of integrity, decency and principle." Bush said:
As Attorney General and before that, as White House counsel, Al Gonzales has played a role in shaping our policies in the war on terror, and has worked tirelessly to make this country safer. The Patriot Act, the Military Commissions Act and other important laws bear his imprint. Under his leadership, the Justice Department has made a priority of protecting children from Internet predators, and made enforcement of civil rights laws a top priority. He aggressively and successfully pursued public corruption and effectively combated gang violence.

As Attorney General he played an important role in helping to confirm two fine jurists in Chief Justice John Roberts and Justice Samuel Alito. He did an outstanding job as White House Counsel, identifying and recommending the best nominees to fill critically important federal court vacancies.
The president also decried the "unfair treatment" Gonzales has been subject to in recent months:
After months of unfair treatment that has created a harmful distraction at the Justice Department, Judge Gonzales decided to resign his position, and I accept his decision. It's sad that we live in a time when a talented and honorable person like Alberto Gonzales is impeded from doing important work because his good name was dragged through the mud for political reasons.
Current Solicitor General Paul Clement [official profile] will serve as acting attorney general after Gonzales leaves the Justice Department until the Senate confirms a new permanent attorney general.

Sen. Patrick Leahy (D-VT), chairman of the Senate Judiciary Committee, said Monday that the Justice Department "suffered a severe crisis of leadership" under Gonzales' leadership [statement], which "allowed our justice system to be corrupted by political influence." Leahy said:
The obligations of the Justice Department and its leaders are to the Constitution, the rule of law and the American people, not to the political considerations of this or any White House. The Attorney General's resignation reinforces what Congress and the American people already know -- that no Justice Department should be allowed to become a political arm of the White House, whether occupied by a Republican or a Democrat.

The troubling evidence revealed about this massive breach is a lesson to those in the future who hold these high offices, so that law enforcement is never subverted in this way again. I hope the Attorney General's decision will be a step toward getting to the truth about the level of political influence this White House wields over the Department of Justice and toward reconstituting its leadership so that the American people can renew their faith in its role as our leading law enforcement agency.
Meanwhile, the chairman of the House Judiciary Committee, Rep. John Conyers, Jr. (D-MI), called on the Bush administration to fully disclose information on the US Attorneys firings scandal [JURIST news archive]. Conyers said:
It is a sad day when the attorney general of the United States resigns amid a cloud of suspicion that the system of justice has been manipulated for political purposes. More than accountability, we need answers. Unfortunately, the continued stonewalling of the White House in the U.S. Attorney scandal has deprived the American people of the truth. If the power of the prosecutor has been misused in the name of partisanship, we deserve a full airing of the facts. The responsibility to uncover these facts is still on the Congress, and the Judiciary Committee in particular.
Gonzales' resignation followed months of controversy over the Justice Department's handling of the firings of eight US Attorneys and subsequent allegations that he may have perjured himself [JURIST report] in testimony before Congress.
ALSO ON JURIST

 Op-ed: Gonzales' Troubling Legacy | Op-ed: Firing Gonzales For All the Right Reasons





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Russia criticizes Switzerland high court ruling on Yukos documents
Jaime Jansen on August 27, 2007 12:19 PM ET

[JURIST] Russian Prosecutor General Yuri Chaika [official website, in Russian] Monday criticized a recent Swiss high court decision [JURIST report] to block the release of financial information linked to Russian oil giant Yukos [corporate website; JURIST news archive] and the Swiss court's concurrent decision to lift a freeze on Yukos funds as politically motivated. In a news conference, Chaika criticized the decision as disrespectful toward his country and an attack on Russian sovereignty. Russian authorities suspect that Swiss accounts hold money from illegal Yukos deals involving fertilizer, oil, and oil products.

Switzerland's highest court, the Swiss Federal Tribunal [official website, in German], ruled last week that Swiss authorities cannot hand over to Russia financial documents linked to Yukos, finding that Russia's prosecution of former Yukos owner Mikhail Khodorkovsky [defense website; JURIST news archive] and his business partner Platon Lebedev [JURIST news archive] was the result of political persecution. The ruling, which overrides a December decision by the Swiss Attorney General to share the documents with Russia, is final and cannot be appealed. It marks the first time the Swiss court has invoked violations of human rights to reject legal assistance to another state. Reuters has more.






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UN rights expert convicted of corruption in Bangladesh
Jaime Jansen on August 27, 2007 11:43 AM ET

[JURIST] The Bangladesh Supreme Court Monday sentenced UN Special Rapporteur Sigma Huda [official profile, DOC] to a three-year jail term for her involvement in a corruption scheme headed by her husband, former Bangladeshi Communications Minister Nazmul Huda. Prosecutors alleged [JURIST report] that Sigma aided Nazmul in extorting almost $300,000 USD from a construction company while he was in office. While UN experts are generally granted immunity from prosecution under the Convention on the Privileges and Immunities of the United Nations [PDF text], UN Secretary-General Ban Ki-moon refused to extend immunity to Huda [JURIST report] in July, saying that the allegations against her "appear not to be related to, or otherwise fall within, her functions as special rapporteur."

The Supreme Court of Bangladesh also sentenced Nazmul Monday to seven years in jail. Both arrests came about as part of a government crackdown on corruption [JURIST news archive]. AP has more.






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Ten arrested in death of Russia journalist
Jaime Jansen on August 27, 2007 10:54 AM ET

[JURIST] Russian law enforcement officials have arrested 10 people in last October's killing [JURIST report] of Russian journalist Anna Politkovskaya [BBC obituary; JURIST news archive], Prosecutor General Yuri Chaika [official website, in Russian] announced Monday. Chaika also indicated that the death was spearheaded by someone outside of Russia. Russian news agencies reported that the arrests include a Chechen crime boss and Russian police and security officers, as well as some individuals allegedly involved in the 2004 death of Forbes Russia editor Paul Klebnikov [Economist obituary] and the 2006 death of Russian Central Bank deputy chief Andrei Kozlov [BBC obituary]. Chaika announced that the ten suspects will be charged shortly, but has declined to identify those arrested. On Friday, a Moscow court approved the arrests of eight suspects.

Politkovskaya, who had covered the crisis in Chechnya [BBC Q&A] for Novaya Gazeta [media website, in Russian] since 1999, was shot in the head and in the chest after returning to her Moscow apartment building last year. Politkovskaya was a well known critic of Russian President Vladimir Putin, and authored two books on Chechnya. Immediately following Politkovskaya's death, Putin suggested that the murder was an outside plot to damage Putin's reputation. AP has more. RIA Novosti has local coverage.






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Gonzales resigns as US attorney general: NYT
Jeannie Shawl on August 27, 2007 8:28 AM ET

[JURIST] The New York Times is reporting that US Attorney General Alberto Gonzales [official profile; JURIST news archive] has resigned from his post after months of controversy over the Justice Department's handling of the firings of eight US Attorneys [JURIST news archive] and subsequent allegations that he may have perjured himself [JURIST report] in testimony before Congress. According to the Times, Gonzales submitted his resignation Friday and a formal announcement will be made later Monday morning. The New York Times has more.

Several US senators called for a special prosecutor last month to investigate the perjury allegations, while some members of the US House of Representatives pushed for an impeachment inquiry [JURIST reports]. Gonzales acknowledged that his disputed testimony [transcript] before the Senate Judiciary Committee on July 24 was confusing [JURIST report], but has insisted that he testified truthfully. The perjury allegations arose after 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 that there was dissent within the administration concerning the National Security Agency's domestic surveillance program [JURIST news archive], but Gonzales had earlier said that then-Deputy Attorney General James Comey did not express concerns about recertifying the program. In his testimony before the Senate Judiciary Committee, Gonzales insisted that Comey's reservations concerned another undisclosed intelligence program and not the domestic surveillance program as widely reported. There have also been reports that a 2006 Director of National Intelligence memorandum contradicts Gonzales' testimony on reauthorization of the surveillance program and that a 2004 FBI memorandum [JURIST reports] contradicts testimony Gonzales provided in 2005 on renewal of the Patriot Act.

Even before Gonzales came under fire for his testimony, his conduct in the US Attorney firings scandal was widely criticized [JURIST report] by key Congressional leaders from both parties as damaging to the US Justice Department and the Bush administration. Gonzales maintained during testimony [JURIST report] before the Senate Judiciary Committee in April that "nothing improper occurred" with the firings of the eight US Attorneys, though he acknowledged that he had made "misstatements" during previous comments. He later identified outgoing Deputy Attorney General Paul McNulty as playing a key role [JURIST report] in the decision on which prosecutors to fire. Gonzales' former chief of staff Kyle Sampson resigned [DOJ press release] over the scandal as did Monica Goodling [JURIST report], another top Gonzales aide. McNulty announced his resignation in May, though he attributed the decision to personal reasons, and McNulty's chief of staff resigned [JURIST reports] in June.

Calls for Gonzales' resignation also mounted after Comey testified [transcript, PDF; JURIST report] that while serving as White House Counsel, Gonzales visited then-Attorney General John Ashcroft while Ashcroft was in the hospital to persuade him to reauthorize the controversial domestic surveillance program. Gonzales subsequently denied [JURIST report] pressuring Ashcroft while he was in the hospital. Earlier this month, some of Mueller's personal notes [PDF text] were released which indicated that Ashcroft was not fully lucid [JURIST report] during the March 2004 visit from Gonzales.

Gonzales was sworn in as attorney general [JURIST report] in February 2005 after serving as White House counsel.
ALSO ON JURIST

 Op-ed: Firing Gonzales For All the Right Reasons | Op-ed: No One Is Above the Law: New DOJ Leadership Needed






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