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Legal news from Friday, November 9, 2007




Suspect pleads guilty in 2005 London transit bombing attempt
Eric Firkel on November 9, 2007 5:16 PM ET

[JURIST] Manfo Kwaku Asiedu [BBC profile] pleaded guilty Friday to a charge of conspiracy to cause explosions over the failed bomb attacks on London's subway and bus systems [JURIST news archive] on June 21, 2005. Six suspects - Asiedu, Hussein Osman, Muktar Said Ibrahim, Yassin Omar, Ramzi Mohamed, and Adel Yahya - went on trial [JURIST report] in 2006. All but Asideu and Yahya were found guilty [JURIST report] and sentenced to prison for a minimum of 40 years. The jury failed to reach a verdict against Asideu [JURIST report]; his re-trial was scheduled to begin Monday. Instead, he will be sentenced November 19 and faces a maximum sentence of life in prison.

The attempted attacks came two weeks after a similar suicide bombings [BBC timeline; JURIST news archive] killed 52 people on three underground trains and a bus in London. During the trial, Asiedu turned on his co-conspirators, undermining their defense that the plot was a hoax. Reuters has more.






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Arar lawyers urge federal appeals court to reinstate extraordinary rendition lawsuit
Mike Rosen-Molina on November 9, 2007 5:03 PM ET

[JURIST] Lawyers for Canadian citizen Maher Arar [advocacy website; JURIST news archive] argued before a three-judge panel of the US Court of Appeals for the Second Circuit that Arar should be allowed to revive his lawsuit against senior officials in the US government. Arar was detained in the US in 2002 after flying to New York from Tunisia on his way home to Canada and was later deported to Syria, where he was tortured. Lawyers from the Center for Constitutional Rights argued [press release] that Arar should be able to challenge the US government's policy of extraordinary rendition [JURIST news archive] in court. Arar did not appear in person as he is still listed on the US no-fly list, despite having been cleared by Canadian authorities. CBC News has more.

Last month, US lawmakers apologized [JURIST report] to Arar during a joint hearing of the House Foreign Affairs Committee [official website]. US Secretary of State Condoleezza Rice testified [recorded video] in front of the same committee that Arar's rendition was not "handled as it should have been," but stopped short of apologizing. Rice added that the US government has told the Canadian government that it will "try to do better in the future." That was the first time that the US government has admitted any mistakes in its handling of Arar's case. In January, Canadian Prime Minister Stephen Harper apologized to Arar [JURIST report] on behalf of the Canadian government.






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Georgian Republic parliament approves state of emergency
Eric Firkel on November 9, 2007 4:20 PM ET

[JURIST] The Parliament of the Georgian Republic [official website] voted Friday to approve a 15-day state of emergency [JURIST report] imposed by President Mikhail Saakashvili earlier this week. Opposition members boycotted the vote and the measure passed the 235-seat assembly 149-0. The vote follows Saakashvili's statements Thursday that the state of emergency would only last a few days [JURIST report] and that presidential elections will be held early in January.

After several days of protests earlier this week, Georgian Prime Minister Zurab Nogaideli [official profile] announced a presidential decree Wednesday temporarily banning demonstrations and public calls for violence or government overthrow. Saakashvili has blamed Russian spy agencies for instigating the protests [speech text], though the Russian Foreign Ministry has dismissed those claims [statement].

In August, a Georgian court sentenced 12 opposition activists [JURIST report] to prison terms of up to eight-and-a-half years for participating in a coup plot that Saakashvili alleged was backed by Russia. Saakashvili has allied himself closely with the US and NATO since taking office in 2004, and Georgian authorities alleged that the convicted opposition activists had been supported by the Russian security services. Georgian-Russian relations have deteriorated markedly [JURIST report] in the last year. AP has more.






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European pilot, air crew released in Chad 'Darfur orphans' airlift case
Mike Rosen-Molina on November 9, 2007 4:06 PM ET

[JURIST] Three Spanish air crew and a Belgian pilot held in Chad in connection with a French charity's attempt to airlift 103 children [JURIST news archive] alleged to be Darfur orphans were released Friday. Spanish Foreign Minister Miguel Angel Moratinos [official profile] praised Chadian officials, including President Idriss Deby [IRIN news profile], for their smooth handling of the situation and said that Spain has offered to pay for the education of the 103 children, as a gesture of good will. AFP has more.

Earlier this week, Chadian authorities freed [JURIST report] seven Europeans - three French journalists and four Spanish flight attendants after French President Nicolas Sarkozy [official profile] flew to Chad Sunday to personally intervene with the Chadian government over its handling of the case. Six Europeans still remain in Chadian custody. Four Chadian nationals also face criminal charges [JURIST report] over their alleged involvement in the attempted airlift for the French charity Zoe's Ark [advocacy website, in French; BBC backgrounder]. The four defendants - the mayor, secretary-general, deputy governor, and neighborhood chief of the Chadian border town of Tine - appeared in court Wednesday on charges of fraud and conspiring to kidnap minors. If convicted, they could face extended prison time with hard labor.






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Mukasey sworn in as US attorney general
Mike Rosen-Molina on November 9, 2007 3:40 PM ET

[JURIST] Former federal judge Michael B. Mukasey [WH profile; JURIST news archive] was sworn in Friday as the 81st attorney general of the United States after a confirmation process fraught with controversy. The US Senate voted 53-40 [JURIST report] late Thursday evening to confirm Mukasey's nomination. The nomination was backed by the Senate Judiciary Committee [JURIST report] earlier this week by an 11-8 vote. Much of the opposition to Mukasey's nomination [JURIST report] has centered on his refusal to unequivocally denounce waterboarding [JURIST news archive] as torture. Mukasey's supporters, however, have praised Mukasey's promises for greater Justice Department independence [JURIST report] from the executive.

Mukasey succeeds former US Attorney General Alberto Gonzales [JURIST news archive] whose resignation [JURIST report] took effect in September. Gonzales 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.







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Chavez blasts critics for opposing constitutional changes
Mike Rosen-Molina on November 9, 2007 3:18 PM ET

[JURIST] Venezuelan President Hugo Chavez [BBC profile] Friday accused his opposition of using "fascist violence" to oppose constitutional changes that would eliminate presidential term limits and augment the president's emergency powers. Earlier this month, the Venezuelan National Assembly approved [press release, in Spanish] a set of proposed amendments to the country's constitution by a 160-7 vote. The proposed amendments passed a preliminary vote [JURIST report] in the Assembly in August; all of the constitutional reforms will be subject to a two-part national referendum on December 2. Speaking to state television while attending a summit in Chile, he accused his critics of being right-wing zealots working for the benefit of the United States.

Chavez has touted the constitutional changes as necessary to advance Venezuela's socialist revolution, but Human Rights Watch has warned that the reforms would violate international law [press release] by allowing the president to suspend due process guarantees during times of emergency. Opposition politicians have accused Chavez [JURIST report] of using the constitutional reforms to consolidate his power over Venezuela. Former Venezuelan Defense Minister Raul Baduel has also spoken out against the constitutional reforms [JURIST report]. AP has more.






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UN SG urges respect for international child protection laws
Mike Rosen-Molina on November 9, 2007 1:46 PM ET

[JURIST] United Nations General Secretary Secretary-General Ban Ki-moon on Friday called on nations, organizations and individuals to respect laws passed for the protection of children [statement]. Ban's comments come in the wake of an unsuccessful bid by a French charity to fly 103 children out of Chad [UNICEF situation update, DOC; ZA backgrounder, in French] late last month. Chadian authorities foiled an attempt by French group Zoe's Ark [advocacy website, in French; BBC backgrounder] to fly the children - alleged to be orphans from Sudan's Darfur region - from Chad to Europe for anticipated placement with French families and arrested 17 people allegedly associated with the effort. Ban assured Chad that the UN would keep providing humanitarian assistance in the region, and expressed hope that Chad would continue to cooperate with UN processes.

Six French nationals have been charged with kidnapping [JURIST report] and face five to 20 years in prison if convicted. Three members of a Barcelona-based flight crew, along with a Belgian pilot, were charged with complicity in the alleged kidnapping. The other seven Europeans were released [JURIST report] Sunday following a meeting between visiting French President Nicolas Sarkozy and Chadian leader Idriss Deby. Zoe's Ark maintains that its intentions were purely humanitarian. French Prime Minister Francois Fillon has ordered an investigation into the charity. The UN News Centre has more.






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Norway proposes new laws on genocide and war crimes
Mike Rosen-Molina on November 9, 2007 1:04 PM ET

[JURIST] The government of Norway [JURIST news archive] Friday proposed creating laws to allow for the prosecution of war crimes, genocide and terrorism. Current Norwegian law does not specifically include these offenses, and it is standard policy to turn over accused war criminals to international war crime tribunals in The Hague. Norwegian Justice Minister Knut Storberget [official profile] said that the new legislation would discourage accused war criminals from trying to use Norway as a safe harbor to flee prosecution. AP has more.

Last year, the International Criminal Tribunal for Rwanda [official website; JURIST news archive] denied prosecutors' request to transfer the trial of Rwandan genocide suspect Michel Bagaragaza [Trial Watch profile] to Norway because Norway did not have a specific law against genocide. In its decision [text], the UN-backed court rejected the move because, under Norwegian law, Bagaragaza could have been charged only with homicide and, if convicted, likely would have spent no more than 21 years in prison. Prosecutors had sought the transfer [JURIST report] because of a backlog of cases. Norway would have become the first country outside Africa to try an African war crimes suspect.






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Would-be Wallace assassin released from prison
Patrick Porter on November 9, 2007 12:44 PM ET

[JURIST] The man who shot and paralyzed former Alabama Governor George Wallace [ADAH profile] in 1972 was released from a Maryland prison [press release, PDF] Friday. Under the conditions set by the state for the release of Arthur Bremer [PBS profile], he must:

  • Stay away from any local, state, federal, or foreign elected official or office holder as well as a current candidate;

  • Undergo a mental health evaluation and treatment if necessary;

  • Not leave the State of Maryland to go to another state or the District of Columbia without the express written permission of the Maryland Parole Commission; and

  • Must submit to electronic monitoring which is to be monitored by any law enforcement agency specified by the Maryland Parole Commission.
  • Maryland state law allows inmates to earn credits to shorten the length of a sentence spent in prison. He will remain under the supervision of Maryland parole agents until his sentence officially ends June 15, 2025.

    Bremer, who served 35 years of his 53-year term behind bars, was released due to good behavior and his working a part-time job in prison. Prison officials first reported in late August that Bremer would be released this year. The Alabama Attorney General's Office said that it would try to prevent the early release [JURIST report], but Maryland officials warned that any such effort would fail due to Maryland state regulations. Bremer has never expressed any remorse for the shooting, calling Wallace a "segregationist dinosaur." In his diary, Bremer wrote that his primary motivation for the shooting was not opposition to Wallace's pro-segregation politics, but a desire to become notorious. Wallace died in 1998. AP has more. The Baltimore Sun has local coverage.





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    California sues EPA over delayed decision on strict emissions standards
    Jaime Jansen on November 9, 2007 11:18 AM ET

    [JURIST] California filed a lawsuit [complaint, PDF; press release] Thursday in the US District Court for the District of Columbia against the US Environmental Protection Agency (EPA) [official website] in an effort to force the EPA to come to a decision on whether California can impose greenhouse gas emissions standards on cars and light trucks. The EPA considered California's request for a waiver [JURIST report] of preemption for its greenhouse gas emission standards for new cars in May, but has not come to a decision. The standards would require car manufacturers to cut emissions by 25 percent from cars and light trucks, and 18 percent from SUVs, starting with the 2009 model year. California's Air Resources Board [official website] adopted the greenhouse gas standards in 2004 [press release], but it cannot mandate them unless the EPA grants a waiver of the lighter Federal Clean Air Act (CAA) [text] standards. California is the only state permitted to seek a waiver under the CAA, but if granted, other states have the option of choosing between the federal standards and those of California. At least 11 states have indicated that they would follow the California standard.

    Many auto manufacturers, represented by the Alliance of Automobile Manufacturers [advocacy website], are opposed to the stricter standards [hearing testimony transcript], arguing that by regulating the emissions standards of automobiles, California is in effect regulating fuel economy standards, which can only be regulated by the federal government. The auto industry is also suing California [JURIST report] to block the standards from going into effect. The Boston Globe has more. The San Francisco Chronicle has local coverage.






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    Federal judge grants injunction against second court-martial for Iraq war objector
    Jaime Jansen on November 9, 2007 10:43 AM ET

    [JURIST] US District Judge Benjamin Settle issued a preliminary injunction [order, PDF] Thursday against holding a second court-martial for Iraq war objector 1st Lt. Ehren Watada [advocacy website; JURIST news archive] until he resolves whether a second court-martial constitutes double jeopardy [Wex backgrounder]. Settle had already stayed court-martial proceedings, scheduled to begin last month, and later extended the stay [JURIST reports], after Watada asked the US District Court for the Western District of Washington for relief while an appeal is pending with the US Court of Appeals for the Armed Forces. Settle said he granted the preliminary injunction in part because Watada is likely to "prevail on the merits" of his double jeopardy claim, but Settle also said the military judge who presided over Watada's first court-martial likely abused his discretion in declaring a mistrial [JURIST report].

    Watada, a 28-year-old Honolulu native who is the first commissioned officer in the US military to publicly refuse deployment to Iraq, has refused to be classified as a conscientious objector because he does not object to war in general, just to the "illegal" war in Iraq. He offered to serve in Afghanistan, but the US Army refused. His vocal protests and participation in rallies by Veterans for Peace and Courage to Resist [advocacy websites] led to the charges of conduct unbecoming an officer and the original charge of contempt toward officials. AP has more. The Olympian has local coverage.






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    Federal judge blocks Washington emergency contraception law
    Mike Rosen-Molina on November 9, 2007 10:28 AM ET

    [JURIST] A federal judge Thursday issued an injunction [PDF text] suspending a Washington state law that would require pharmacists to dispense Plan B emergency contraceptives [product backgrounder], the so-called "morning-after pill." US District Judge Ronald Leighton's injunction effectively creates a "refuse and refer" system, allowing pharmacists to refuse to sell the pill if they refer the customer to another nearby source. Critics say that the system could harmfully delay womens' access to the contraceptive, which must be taken with 72 hours of intercourse to be effective. AP has more.

    A similar compromise was proposed in a settlement in Illinois [JURIST report] after pharmacists sued the state in 2005 after Governor Rod Blagojevich passed a rule [press release] requiring all pharmacists to dispense the pill despite moral objections. Illinois pharmacists who morally object to dispensing Plan B would be permitted to refuse to fill prescriptions for the drug but must work with another pharmacist by phone to dispense the contraceptive, under a settlement submitted to an Illinois legislative panel. The proposed settlement would only affect Illinois females under the age of 17, as the FDA in 2006 approved over-the-counter sales of Plan B [JURIST report] to customers 18 years and older.






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    Merck to pay $4.85B to settle all pending Vioxx lawsuits
    Jaime Jansen on November 9, 2007 10:13 AM ET

    [JURIST] Pharmaceutical giant Merck & Co. [corporate website] said Friday that it has agreed to pay $4.85 billion to settle all pending lawsuits [press release] regarding Merck's marketing and distribution of the painkiller Vioxx [Merck materials; JURIST news archive]. The settlement requires 85 percent of the 47,000 plaintiffs in 27,000 pending lawsuits to approve the deal before it will bind parties. Plaintiffs who opt out of the settlement agreement will be free to continue their claims, but may face difficulty finding a trial lawyer not already involved in one of the cases subject to the settlement agreement. Plaintiffs will receive different settlement payments depending on the severity of their injuries and the length of time they used Vioxx, but the average plaintiff will receive approximately $100,000 before legal fees and expenses.

    Merck had originally vowed to take every Vioxx case to trial, despite losing a $253 million Texas jury verdict [JURIST report] in the first case to reach a verdict. With over 20 completed civil trials on the books, Merck won the majority of cases that reached juries. The New York Times has more.






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    Ex-NYC police commissioner Kerik indicted on corruption charges
    Jaime Jansen on November 9, 2007 9:40 AM ET

    [JURIST] A federal grand jury has returned an indictment for former US Department of Homeland Security Secretary nominee Bernard Kerik [NYT profile], reportedly on corruption charges. Kerik's indictment [NYT report] will remain sealed until his arraignment Friday, but sources close to the investigation say the indictment includes mail and wire fraud, tax fraud, making false statements on a bank application, making false statements for a US government position and theft of honest services. Federal authorities began to investigate [Daily News report] Kerik after allegations arose that he accepted $165,000 in renovations for his New York City apartment from Interstate Industrial Corp., a firm often connected to the mafia, while serving as the New York City police commissioner. Kerik had pleaded guilty [NYT report] to misdemeanor charges in a New York state court, saying the renovations were an illegal gift from the construction company. Two New Jersey contractors were indicted [NYT report] in 2006 on charges relating to the apartment renovation scandal.

    Kerik withdrew [JURIST report] from his nomination [JURIST video] as homeland security secretary in 2004 amid an immigration scandal over a nanny employed by Kerik. AP has more.

    12:29 PM ET - AP is reporting that Kerik has pleaded not guilty to corruption charges.

    5:04 PM ET - According to a press release [PDF text] from the US Attorney's Office, Kerik is charged [indictment, PDF] with conspiracy to deprive the city of New York and its citizens of honest services, mail fraud, wire fraud, obstructing or impeding the administration of the IRS, aiding and assisting in the preparation of a false and fraudulent tax return, subscribing to false tax returns, false statements on a loan application, and false statements to the federal government. If convicted on all charges, Kerik faces "a maximum aggregate sentence of 142 years of imprisonment and $4,750,000 in fines."






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    Bush welcomes Mukasey confirmation as attorney general
    Jaime Jansen on November 9, 2007 8:55 AM ET

    [JURIST] US President George W. Bush has welcomed the Thursday Senate confirmation [JURIST report] of former federal judge Michael B. Mukasey [WH fact sheet; JURIST news archive] as the 81st attorney general of the United States. In a brief statement, issued by the White House Friday morning, Bush said:

    Judge Mukasey is a man of strong character and integrity, with exceptional legal judgment. He was an accomplished prosecutor and, for more than 18 years, a distinguished Federal judge. Now he will be an outstanding Attorney General.

    Judge Mukasey's confirmation comes at a critical moment for the Justice Department and for our Nation. As Attorney General, Judge Mukasey will lead the Justice Department as it works to protect the American people - whether from drug traffickers and other criminals on our streets or from terrorists who seek to attack our homeland.
    Mukasey is expected to be sworn in later Friday.

    Mukasey was confirmed by the Senate late Thursday evening by the narrowest margin of any of Bush's three attorneys general, including former Attorneys General Alberto Gonzales and John Ashcroft, after facing significant opposition [JURIST report] to confirmation because of his refusal to unequivocally denounce waterboarding [JURIST news archive] as a form of torture. The Senate Judiciary Committee approved Mukasey [JURIST report] by a margin of 11-8 earlier in the week. AP has more. The Los Angeles Times has additional coverage.





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    Former Pakistan PM put under house arrest ahead of mass protests
    Jaime Jansen on November 9, 2007 8:05 AM ET

    [JURIST] Former Pakistani Prime Minister Benazir Bhutto [BBC profile] was placed under house arrest Friday as she prepared to attend a protest in Rawalpindi against President Pervez Musharraf's declaration of emergency rule [PDF text] on Saturday. Police barricaded Bhutto's home to prevent Bhutto from leaving and supporters from reaching Bhutto in her home. While top Interior Ministry official Kamal Shah said a district magistrate served a detention order on Bhutto which is reportedly valid for 30 days, Bhutto denies receiving such an order. On Wednesday, Bhutto encouraged members of her People's Party of Pakistan [party website] to rally [AP report] on Friday despite the government's ban on public gatherings. Some 5,000 Bhutto supporters were arrested early Friday in an effort to prevent a mass protest, approximately 200 protesters did gather in Rawalpindi, dozens of whom were arrested. Bhutto returned to Pakistan last month after a decade of self imposed exile in England and Dubai after Musharraf signed a "reconciliation ordinance" which allowed Bhutto to return without facing corruption charges [JURIST report]. Bhutto, a political rival [BBC backgrounder] of Musharraf, said Pakistani police have detained over 5,000 members of her party.

    On Saturday and Sunday, police detained [JURIST report] hundreds of lawyers, rights activists and opposition figures protesting the emergency orders, and on Monday, fired tear gas at protesters in Lahore [JURIST report]. Pakistani police Tuesday arrested some 50 lawyers [JURIST report] at the Lahore High Court who were involved in the protests. On Thursday, Pakistani prosecutors charged four activists with treason [JURIST report] for allegedly making anti-Musharraf speeches in the southern city of Karachi. AP has more. CBS News has additional coverage.

    12:40 PM ET - CNN is reporting that the house arrest order for Bhutto has been lifted.







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