[JURIST] Federal prosecutors on Thursday handed down an indictment accusing Milberg Weiss name partner Melvyn Weiss [firm profile] of conspiracy, racketeering, obstruction of justice and making false statements. The indictment stems from a long-running US Attorney investigation into allegations that Milberg Weiss [firm website] paid up to $11.3 million in illegal kickbacks since 1984 to individuals to serve as lead plaintiffs in class action and shareholder derivative lawsuits. On Wednesday, federal prosecutors announced that former Milberg Weiss partner William S. Lerach has agreed to plead guilty [press release; JURIST report] to conspiracy to obstruct justice and will forfeit $7.75 million to the government, pay a $250,000 fine, and will serve one to two years in prison.

According to a statement [text] issued by Milberg Weiss Thursday morning, Weiss will remain of counsel to the firm while he defends himself against the charges, but has relinquished his management duties. In May 2006, a federal grand jury indicted Milberg Weiss [PDF text; JURIST report] and two name partners, David J. Bershad and Steven G. Schulman, on charges of conspiracy to make false statements and obstructing justice. As part of the scheme, certain individuals who agreed to serve as class action representatives were promised 10 percent of the attorney fees eventually gathered by Milberg Weiss. This kickback was not revealed to the judge overseeing litigation, and the named plaintiffs who collected the kickback money made false statements under oath concerning the payments. Three individuals pleaded guilty [JURIST report] in connection with the scheme in May 2006, and former Milberg Weiss name partner David Bershad pleaded guilty [JURIST report] to conspiracy charges in July. Prosecutors said Thursday that Schulman has now also agreed to plead guilty to racketeering. As part of his plea agreement, Schulman will forfeit 1.85 million and pay a $250,000 fine. Reuters has more.

[JURIST] The Zimbabwean Parliament unanimously passed amendments to the Zimbabwean constitution [PDF text] Thursday that essentially give President Robert Mugabe [BBC profile] the authority to appoint his successor. Both Mugabe's ruling party, the Zimbabwe African National Union - Patriotic Front (ZANU-PF) [Wikipedia backgrounder] and the main opposition party, Movement for Democratic Change [party website], ultimately supported the measures with all 111 MPs present voting in favor of its adoption.

Floor consideration of the draft constitutional amendment bill concluded Tuesday after only one day of debate [JURIST report]. MPs signalled further support for the amendments in a preliminary vote [JURIST report] Wednesday, setting the stage for Thursday's passage. The changes allow parliament to appoint a new president should the incumbent step down before the end of his term; there is speculation that Mugabe will step down before elections are held so that the ZANU-PF will be able to select the next president. The constitutional reforms also allow the simultaneous election of the president and both houses of the legislature. Critics allege that the reforms are intended to weaken the opposition. The amendments will end the existing assembly's term two years early in 2008, reduce the president's term from six years to five, and increase the number of legislators in the House of Assembly from 150 to 210 and the Senate from 66 to 84. In addition, the number of House of Assembly members appointed by the president will decrease from 30 to 10, but the number of senators appointed by the president will go from 16 to 34. BBC News has more.

[JURIST] Disgraced Democratic fundraiser Norman Hsu [Wikipedia profile] has been charged [press release, PDF] by federal prosecutors in New York with fraud for alleged campaign finance law violations, according to a criminal complaint [PDF text] unsealed Thursday. Hsu allegedly created a massive Ponzi scheme [SEC backgrounder], resulting in more than $60 million of illicit gains, and illegally made campaign contributions in other peoples' names in violation of the Federal Election Campaign Act [text]. Hsu formerly raised funds for political candidates, including Sen. Hillary Clinton. Earlier this month, Clinton agreed [Chronicle report] to return $850,000 she received from Hsu.

The FBI arrested [press release] Hsu in Colorado on federal charges of unlawful flight to avoid prosecution after Hsu failed to appear for a bail hearing in California on unrelated fraud charges on September 5. AP has more.

[JURIST] Former federal judge and US Attorney General nominee Michael B. Mukasey [WH factsheet; PBWT profile] will forbid US Department of Justice (DOJ) [official website] employees from discussing sensitive cases with outside agencies if he is confirmed as attorney general, Senate Judiciary Chairman Patrick Leahy (D-VT) [official website] said Thursday. In a private meeting with Leahy, Mukasey reportedly assured Leahy that any DOJ employee reporting to outside sources, such as the White House or Congress, without Mukasey's authorization would be fired. Leahy said Thursday at a Senate Judiciary Committee meeting that he was pleased with Mukasey's "attitude." Leahy has backed off earlier statements that he would hold up Mukasey's nomination until the Bush administration hands over key information about its domestic surveillance program [JURIST news archive].

President George W. Bush formally nominated [JURIST report] Mukasey to replace resigning Attorney General Alberto Gonzales [JURIST news archive] Monday. Lawmakers on Capitol Hill have generally reacted favorably [JURIST report] to the nomination, expressing tentative bi-partisan support for a quick confirmation process. AP has more.

[JURIST] Private security contractors operating in Iraq work largely above the law due to legal loopholes, according to a Thursday New York Times report [text] on the aftermath of Sunday's shooting death of at least eight Iraqi civilians at the hands of private security contractor Blackwater USA [corporate website]. The Iraqi Interior Ministry withdrew Blackwater's operating license [AP report] in the wake of the killings and Iraqi Prime Minister Nouri al-Maliki called on the US to replace the security firm [Bloomberg report] after its "criminal act." The US government exempted its employees and contractors from Iraqi law [order, PDF] when Iraq was still under US administration, an exemption that still applies even though Iraq has since formed its own government. This exemption has in the past denied Iraqis legal recourse against US-based contractors, and has been a source of tension between the US and Iraqi governments. In December, the US government returned a Blackwater employee accused [Virginian-Pilot report] of killing a bodyguard of Iraqi Vice President Adel Abdul Mahdi to the United States, where he was released without charge. Even if charges were brought domestically, it is not certain that US courts have jurisdiction.

Efforts to ensure legal accountability for contractors remain incomplete. An amendment to a Defense Department spending bill last year now means that military contractors in Iraq are subject to the Uniform Code of Military Justice [text]. The bill [text; see S. 552, Clarification of Application of Uniform Code of Military Justice During a Time of War] does not apply to State Department contractors; the Blackwater employee involved in Sunday's shooting was contracted by the US State Department. Critics argue that until such loopholes are closed, companies like Blackwater will continue to operate above the law. Salon.com has additional coverage.

[JURIST] A federal judge ruled Thursday that two New Jersey students can protest against a school uniform policy [policy information and text] by wearing buttons that depict uniform-clad Hitler Youth [Britannica backgrounder]. Judge Joseph A. Greenaway Jr. of the District of New Jersey [official website] relied on the 1969 Supreme Court decision in Tinker v. Des Moines Independent Community School District [text] that allowed Iowa students to wear black arm bands in protest of the Vietnam War. Greenaway said that unless the school "has reason to believe that the speech or expression will 'materially and substantially disrupt the work and discipline of the school,'" students may not be punished for expressing their views.

Although the image on the buttons, used as a background to the text "No School Uniforms," does not contain a swastika, administrators in the Bayonee School District [district website] threatened the students with suspension, saying the image of the Hitler Youth conveyed intolerance and racism. Parents of the students filed the lawsuit, arguing that the school violated the students' free speech rights. Greenaway's ruling allowed the students to wear the buttons, but noted that the school could forbid them from distributing the buttons on campus. AP has more.

[JURIST] A Canadian environmental advocacy group has sued the Canadian government over the 2007 Kyoto Protocol Implementation Act [text], alleging that the government's current compliance plan for the 2005 Kyoto Protocol [text; JURIST news archive] does not meet the act's minimum requirements. The application for judicial review [PDF text; Ecojustice backgrounder], filed by Friends of the Earth Canada [advocacy website], seeks both a declaration that the government's plan is unlawful and an order directing the government "to prepare a revised plan that provides a description of measures to be taken to ensure that Canada meets its obligations under Article 3.1 of the Protocol."

Under the Kyoto Protocol, Canada agreed to reduce greenhouse emissions to six percent below 1990 levels by 2012; however, its emissions are currently up 26.6 percent. South Africa brought a complaint to the committee charged with enforcing the Protocol in May 2006, listing Canada among the 15 nations that have failed to report on their progress toward achieving its goals. Canada has said that if it fails to meet targets, it will not purchase emissions credits through the European Union's Emissions Trading System. A previous lawsuit [JURIST report] filed by Friends of the Earth Canada challenging Canada's failure to reduce greenhouse emission standards was stayed [press release] pending the results of the Implementation Act, which was passed in June.

Canada officially ratified the Kyoto Protocol in 2002 while Liberal Party Prime Minister Jean Chretien was in power; the Conservative Party government of current Prime Minister Stephen Harper has been at best ambivalent about the pact it inherited, which Harper once called a "job-killing, economy-destroying" scheme [CBC report] to drain money from industrialized countries. The United States and Australia are the only two industrialized states still refusing to ratify the landmark environmental treaty.

[JURIST] A display featuring the Ten Commandments in a Kentucky courthouse passes constitutional muster because it does not promote religion, a federal judge held in a ruling released Wednesday. Judge Karl Forester of the Eastern District Court of Kentucky [official website] ruled against a lawsuit [ACLU backgrounder] brought by the American Civil Liberties Union (ACLU) of Kentucky [advocacy website], finding that the display was part of an exhibition on the basics of American law and government. The ruling allows a similar lawsuit involving a Ten Commandments display at another Kentucky courthouse to proceed, because Forester was not convinced that other display was not intended to endorse religion.

In 2005, the US Supreme Court ruled [JURIST report] that the constitutionality of Ten Commandments displays on government property must be determined on a case by case basis, but that displays which included the Commandments for their legal or historical value rather than for their religious significance were more likely to be constitutional. In 2005, the US Court of Appeals for the Sixth Circuit upheld a display of the Ten Commandments [ruling text, PDF] in a Mercer County, Kentucky courthouse that was originally accompanied by other historical documents such as the Bill of Rights and the Declaration of Independence. Writing for the appeals court, Judge Richard Suhrheinrich noted that the Mercer County display did not demonstrate a religious intent or purpose, nor were the Ten Commandments more prominent than the other documents on display. His reasoning paralleled the Supreme Court's in another Ten Commandments ruling when it permitted a display of the Commandments on the Texas state capitol grounds [JURIST report] that included other historical documents and had existed for almost 40 years. AP has more. From Louisville, the Courier-Journal has local coverage.

[JURIST] Former Khmer Rouge official Nuon Chea [GenocideWatch backgrounder] has expressed his desire to cooperate fully with the Extraordinary Chambers in the Courts of Cambodia (ECCC) [official website; JURIST news archive], the court established to try former Khmer Rouge leaders, an ECCC judge told the press Wednesday. You Bunleng, a Cambodian investigating judge of the ECCC, told Reuters that Chea "has no complaints" and will "elaborate on the regime when the trial comes." The ECCC will not try Chea and other defendants before the court, including the chief Khmer Rouge inquisitor known as Duch, until after the judges have collected and analyzed all the evidence, a process expected to take months or years.

Chea was known as Brother Number Two in the Khmer Rouge, indicative of his high position in the communist movement led by Pol Pot, who died in 1998 having never been prosecuted for alleged war crimes. He was arrested Wednesday, and subsequently charged with crimes against humanity and war crimes [JURIST report]. The Khmer Rouge is generally held responsible for the genocide of an estimated 1.7 million Cambodians who died between 1975 and 1979. The ECCC was established by a 2001 law [text as amended 2005, PDF] to investigate and try surviving Khmer Rouge officials, but to date, no top officials have faced trial. Reuters has more.

[JURIST] France's National Assembly [official website, in French], the lower house of the French parliament, passed a new immigration bill [dossier and materials, in French; JURIST report] aimed at increasing the ratio of skilled to unskilled immigrants entering France by a 91-45 vote Thursday. The bill has sparked controversy, both in France and abroad, for a provision that permits officials to test the DNA of an applicant seeking to rejoin family in France if immigration officials doubt the veracity of the application. Another provision requires applicants to prove financial security and take a test on French language and culture as a condition of immigration.

The bill follows a campaign promise by French President Nicolas Sarkozy [official profile] to toughen the country's immigration policy, a move already begun by the introduction of deportation quotas seeking to expel 25,000 illegal immigrants in 2007. Prior to assuming the presidency [JURIST report], Sarkozy also took a tough stance on immigration while serving as interior minister. In February 2006, he proposed legislation [JURIST report] to enable the government to expel immigrants who did not make sufficient efforts to integrate in French society and seek work. In June 2006, the French parliament passed a conservative immigration bill [JURIST report] that tightened restrictions on unskilled, non-EU immigrants and required immigrants to sign a pledge to learn French and to abide by French law. In September 2006, Sarkozy announced that France had granted amnesty [JURIST report] to 6,924 illegal immigrants with school-age children, even though thousands more had applied. The move was criticized as "totally arbitrary" - an assertion that Sarkozy denied.

The current bill is now before the Senate [official website] for debate, and will be voted on sometime next month. EU Observer has more.

[JURIST] Iran released on bail Iranian-American consultant Dr. Kian Tajbakhsh [OSI press release; JURIST news archive] from prison Wednesday, according to IRNA, the official Iranian news agency. Tajbakhsh, employed by the Open Society Institute, will not be allowed to leave Iran without judicial approval.

Tajbakhsh and Iranian-American scholar Haleh Esfandiari [advocacy website; JURIST news archive] were arrested [JURIST report] in May after alleged involvement in a plot against the Iranian government. Though the investigation concluded in August and Esfandiari left Iran [JURIST reports] earlier this month, Tajbakhsh continued to be held without charge. Tajbakhsh said last week that Iran has not brought formal charges against him, but an Iranian spokesman said he has been charged with endangering national security. AP has more.

[JURIST] The UN on Wednesday again rejected Taiwan's 15th bid for UN membership [JURIST report], as a UN committee balked at placing the issue on the General Assembly's agenda. Taiwan, which officially refers to itself as the Republic of China (ROC), was kicked out of the UN in 1971 by General Assembly Resolution 2758 [PDF text] and replaced by the PRC as the representative of China. Taiwan's applications for UN membership have been rejected each of the last 14 years.

On Tuesday, UN Secretary-General Ban Ki-Moon agreed to allow the committee to consider Taiwan's application [AP report], but also said [transcript] that the UN Secretariat had determined that "it was not legally possible to receive the purported application for membership" because of the 1971 resolution. Taiwan is currently proceeding with a national referendum [JURIST report] on the subject of its membership in the United Nations despite opposition from China. China has threatened to invade Taiwan if it ever formally declared independence. AP has more.