[JURIST] A Russian government commission is examining the legality of the Soviet Union's pre-World War II artwork sales, an official from the State Hermitage Museum [official website] said on Tuesday. Museum director Mikhail Piotrovsky said in his St. Petersburg state-of-the-museum report that Russian President Dmitry Medvedev [official profile; JURIST news archive] has commissioned the group to investigate whether the sales were legal under the laws at the time. The museum has no plans [Bloomberg report] to attempt to recover or demand return of any artwork, regardless of the commission's findings, but instead plans to use the information uncovered to defend against attempts by the German government and the Russian Orthodox Church to recover artwork from Russia. Piotrovsky explained that museum's goal [ArtInfo report] is to keep all artwork in the collections where it currently sits.

Hundreds of paintings were confiscated from private owners and churches by the Bolsheviks after they took power in 1917 and were nationalized and sold in the 1920s and early 1930s. Twenty of these paintings eventually helped create the US National Gallery of Art [official website], in Washington, DC. Among those sold was Raphael's The Alba Madonna (1511), bought in 1931 by then-US Secretary of the Treasury Andrew Mellon, who purchased and donated all of the works now displayed in the National Gallery. Many other paintings were destroyed or placed in state museums like the State Hermitage Museum.

[JURIST] The US Supreme Court [official website; JURIST news archive] heard oral arguments [day call, PDF; briefs] Tuesday in two cases. In Arizona v. Johnson [oral arguments transcript, PDF], the Court heard arguments on whether the Fourth Amendment permits a police officer to search a vehicle passenger during a routine traffic stop if he believes that suspect may be armed and dangerous but has no justifiable reason to believe that a crime is being committed. In this case, Johnson, a passenger in a car, was frisked during a traffic stop. The officer suspected Johnson of gang affiliation, and upon pat-down she discovered a handgun and marijuana. At trial, Johnson was convicted of possession of the gun and marijuana, but the Arizona Court of Appeals Division Two [official website] overturned his conviction [opinion, PDF], finding that the evidence should have been excluded under the Fourth Amendment. Counsel for the state of Arizona argued that "Fourth Amendment searches must be reasonable, and the pat down in this case was reasonable." Counsel for the respondent argued that the Court's decision in Terry v. Ohio [opinion text] requires a "reasonable suspicion that crime is afoot" and no reasonable suspicion of a crime was present.

In Cone v. Bell [oral arguments transcript, PDF], the Court heard arguments in a case brought by a Tennessee death row inmate who alleges that authorities hid mitigating evidence during his murder trial. The issues are whether a federal habeas claim is "procedurally defaulted" because it has been presented twice to the state court and whether a federal habeas court is powerless to recognize that a state court erred in holding that state law precludes reviewing a claim. The US Court of Appeals for the Sixth Circuit [official website] ruled [opinion, PDF] against the petitioner Cone, finding "If the state court decides the petitioner's claims on an adequate and independent state ground, such as a state procedural rule, the petitioner's claims are considered procedurally defaulted and he is barred from seeking federal habeas relief." Counsel for Cone argued that the Court should reverse the ruling that the claim is procedurally defaulted and remand for a proper ruling on the merits. Counsel for the respondent argued that Cone's claim has already been properly rejected by the state court on the merits.

[JURIST] US Senator Patrick Leahy (D-VT) [official website] on Monday told reporters that confirmation hearings for Attorney General nominee Eric Holder [professional profile] would begin in January, as soon as the Senate reconvenes. Leahy, who heads the Senate Judiciary Committee [official website], met privately with Holder on Monday. Leahy hopes for a confirmation vote [The Hill report] as soon as President-elect Barack Obama is inaugurated on January 20. Leahy said [press conference transcript and video]:

[Holder] will have a mandate to rebuild morale and public confidence in the Justice Department. That has to be his top priority. And Eric Holder’s extensive experience and knowledge of the Department will serve him well as he restores confidence to a great Justice Department. I will consult with our ranking republican then schedule his confirmation hearings promptly.

[JURIST] The European Union Rule of Law Mission in Kosovo (EULEX) [official website] formally began operations [EULEX press release] Tuesday. EULEX is a civilian mission under the European Security and Defence Policy (ESDP) replacing the United Nations Mission in Kosovo (UNMIK) [official website]. EULEX will assist and support Kosovo [JURIST news archive] authorities in the areas of police, judiciary, and customs. Approximately 1,400 internationals, including more than 1,000 police officers and an additional 500 local support staff are being deployed. A spokesperson for the US State Department said Tuesday that the US is "committed to EULEX's mission to strengthen rule of law institutions throughout Kosovo to the benefit of all communities, and to promote Kosovo's territorial integrity and stability in the region." The hope is that EULEX will help resolve ongoing conflicts [B92 report] between ethnic Albanians and Serbs and stabilize local government.

Kosovo controversially seceded from Serbia [JURIST report] in February, and its new constitution [text] went into effect [JURIST report] in June. Although Serbia now accepts EULEX, both Serbia and traditional ally Russia initially condemned it [JURIST report] as illegal. Russia previously rejected Kosovo's declaration of independence from Serbia, warning that such unilateral action without the approval of the UN sets a dangerous precedent for "frozen conflicts" around the world.

[JURIST] Illinois Governor Rod Blagojevich [official website] and his chief of staff John Harris were arrested Tuesday by agents from the Federal Bureau of Investigation (FBI) [official website] on charges of corruption [complaint, PDF]. They have both been charged [DOJ press release] with conspiracy to commit mail and wire fraud and solicitation of bribery. They are accused of conspiring to sell or trade the Senate seat left vacant by President-elect Barack Obama and obtaining illegal campaign contributions. They are also accused [Chicago Tribune report] of threatening to withhold assistance to the Chicago Tribune with the sale of Wrigley Field unless two editorial writers who had been critical of Blagojevich were fired. Both men were taken into federal custody early Tuesday morning and are scheduled to appear before a federal magistrate later in the day.

Former Illinois Governor George Ryan [JURIST news archive] was sentenced last year and jailed [JURIST reports] on corruption charges. Ryan's trial began in 2005, and in 2006 a jury found him guilty [JURIST reports] on multiple counts of corruption and fraud [indictment, PDF] in connection with a bribes-for-licenses scandal that occurred during Ryan's term as Illinois Secretary of State. Ryan made national headlines and won praise in some quarters in January 2003 when, just before leaving office, he commuted the executions [CNN report; speech transcript] of all Illinois inmates then on death row.

[JURIST] A federal judge in Utah ruled Monday that five indicted Blackwater USA [corporate website; JURIST news archive] guards involved in the September 2007 killings of 17 Iraqi civilians [JURIST report] must report to a DC court. Lawyers for the five guards tried to move the proceedings to Utah, where one of the guards lives, but a federal magistrate judge in Salt Lake City agreed with the Department of Justice (DOJ) [official website] that the case should remain in DC. The guards, who had turned themselves over to federal authorities in Utah Monday, were ordered to report to a DC court [AP report] on January 6.

The five guards were indicted [text, PDF; JURIST report] last Thursday on charges of voluntary manslaughter, attempt to commit manslaughter, and using and discharging a firearm during and in relation to a crime of violence, which carries a 30-year mandatory minimum sentence. The indictments were unsealed Monday [JURIST report]. On Friday, a sixth guard pleaded guilty [text, PDF] to charges of voluntary manslaughter and attempt to commit manslaughter for his role in the same incident. The Blackwater incident caused domestic outrage in Iraq and has prompted legal controversy in the US. In November, a Federal Bureau of Investigation (FBI) investigation into the incident concluded that the shootings were unjustified [JURIST report]. Last month Bush administration officials announced that Iraq security contractors would be losing immunity from Iraqi law under the recently approved [JURIST reports] US Status of Forces Agreement (SOFA) with Iraq.

[JURIST] Pakistani officials said Tuesday that Foreign Minister Shah Mehmood Qureshi [official profile] will not hand over to India any Pakistani citizens arrested in connection with the Mumbai terror attacks [BBC backgrounder], insisting instead on a joint investigation with Indian officials. Several offices of the Pakistani terrorist group Lashkar-e-Taiba (LeT) [ADL backgrounder] have been raided as Pakistan intensifies its efforts [AP report] to apprehend terror suspects. On Sunday night, head of LeT Zaki-ur-Rehman Lakhvi [START profile] and others believed to be responsible for the attacks last month were arrested [JURIST report] in Pakistan. India has also provided Pakistani authorities with a list of other suspects whom they want extradited to India. In an opinion piece [text] published Tuesday in the New York Times, Pakistani President Asif Ali Zardari [official profile] wrote:

Pakistan is committed to the pursuit, arrest, trial and punishment of anyone involved in these heinous attacks. But we caution against hasty judgments and inflammatory statements. As was demonstrated in Sunday’s raids, which resulted in the arrest of militants, Pakistan will take action against the non-state actors found within our territory, treating them as criminals, terrorists and murderers. Not only are the terrorists not linked to the government of Pakistan in any way, we are their targets and we continue to be their victims.

[JURIST] The Hebei Supreme Court in China on Monday rejected a class action suit filed against government-owned dairy farm Shijiazhuang Sanlu Group Co. by the families of children who died or were harmed as a result of tainted milk. Lawyers for the families said [AP report] that the while the prosecutor's office accepted their papers, it refused to accept the suit because the government was still investigating. The lawsuit, filed on behalf of 63 plaintiffs, lays out a compensation package of about $991,000 for medical fees, food and transportation for the families involved, and about $1 million for psychological damage. Lawyers plan to continue pursuing the case.

In October, the lawyers representing the families said that they had been pressured by Chinese officials [JURIST report] to stop providing legal support and to leave the issue to government authorities. Last month, lawyers said they would proceed with the class action suit [JURIST report]. News of possible milk powder contamination by the chemical melamine first broke in September [Guardian report], following the death of an infant and reports that at least 50 other infants had fallen ill after consuming baby formula, leading to massive recalls [BBC report] of both liquid milk products and milk powders. The Health Ministry has attributed the contamination to the deaths of six children, and at least 294,000 other children were affected. So far, police have arrested at least 36 people [AFP report] in connection with the scandal.