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Legal news from Friday, October 9, 2009




House passes amendments to Military Commissions Act
Jaclyn Belczyk on October 9, 2009 2:44 PM ET

[JURIST] The US House of Representatives [official website] on Thursday passed a bill [HR 2647 materials] that amends the Military Commissions Act of 2006 [text, PDF] to provide suspected terrorists with greater due process rights. The Military Commissions Act of 2009 [text, PDF] was approved by a vote of 281-146 [roll call] as part of the National Defense Authorization Act granting $681 billion in military appropriations for the 2010 fiscal year. Among the bill's provisions are limitations on the use of hearsay or coerced evidence and greater defense access to witnesses and evidence. The American Civil Liberties Union (ACLU) [advocacy website] said that while the bill represents an improvement over the current system, it still contains unconstitutional provisions [press release]:


While this bill contains substantial improvements to the current military commissions, the system remains fatally flawed and contrary to basic principles of American justice. While the bill takes positive steps by restricting coerced and hearsay evidence and providing greater defense counsel resources, it still falls short of providing the due process required by the Constitution. The military commissions were created to circumvent the Constitution and result in quick convictions, not to achieve real justice.

Human Rights Watch (HRW) [advocacy website] said [press release] that the amendments "fail[] to remedy the system's serious flaws." Also included in Thursday's bill were provisions expanding the definition of federal hate crimes [JURIST report] to include crimes motivated by gender, sexual orientation, gender identity, or disability. The bill must now be approved by the Senate.

The use of military commissions [JURIST news archive] to try suspected terrorists remains controversial. Last month, the government sought additional delays [JURIST report] in the proceedings against several Guantanamo detainees. Earlier in September, military lawyers for Guantanamo detainee and alleged 9/11 co-conspirator Ramzi bin al-Shibh [JURIST news archive] asked [petition, PDF] the US Court of Appeals for the District of Columbia Circuit [official website] to declare the Military Commissions Act of 2006 unconstitutional [JURIST report]. In July, a former prosecutor at Guantanamo testified [JURIST report] before the House Judiciary Committee [official website] that the military commission system is "broken beyond repair."





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DHS rescinds controversial 'no-match' employment rule
Andrew Morgan on October 9, 2009 2:00 PM ET

[JURIST] The US Deparment of Homeland Security (DHS) on Wednesday rescinded [rule, PDF] a rule that would have required employers to fire workers whose information did not match Social Security Administration (SSA) [official website] records. The American Civil Liberties Union (ACLU), National Immigration Law Center (NILC) and the American Federation of Labor and Congress of Industrial Organizations (AFL-CIO) [advocacy websites] filed suit [case materials] against DHS in 2007 challenging the "no-match" rule [NILC backgrounder, PDF], concerned that inaccurate records and clerical errors would threaten legal US workers. Calling the issuance of the final rule a "victory for workers," AFL-CIO President Richard Trumka said [press release]:


The "no match" program was a flawed and ineffective immigration enforcement tool that would have hurt U.S. citizens and other authorized workers. Employers have been able to game the immigration system for too long. We need comprehensive immigration reform that respects workers' rights, protects our borders and holds employers accountable.

NILC Executive Director Marielena Hincapie [official profile] urged the SSA [press release, PDF] to "send an unequivocal message" that Social Security number mismatches are not grounds for dismissal by "terminating the 'no match' letter program" altogether. A preliminary injunction [text, PDF] issued by the US District Court for the Northern District of California [official website] in October 2007 prevented the rule from ever being put into effect.

Despite the repeal, the Obama administration has expressed support [press release] for the E-Verify system [official website], a largely voluntary system that also relies on matching employee information with the SSA. In June 2008, then-president George W. Bush issued an executive order [JURIST report] requiring that all federal contractors and subcontractors participate in E-Verify. Earlier that month, a federal court in Oklahoma granted a preliminary injunction blocking the enforcement of employer-related provisions in a state immigration law [JURIST report] that required employers to verify the eligibility of their employers using the E-Verify system. In March 2008, the governor of Rhode Island also issued an executive order [JURIST report] requiring state agencies and companies doing business with the state to use the E-Verify system to verify that all employees are legal residents. In February 2008, a federal appeals court refused to grant an emergency injunction blocking enforcement of an Arizona law [JURIST report] that requires employers to check the legal status of new hires using the E-Verify system.





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House passes bill to extend hate crimes protections
Andrew Morgan on October 9, 2009 12:45 PM ET

[JURIST] The US House of Representatives [official website] on Thursday approved a bill [HR 2647 materials] that extends the definition of federal hate crimes to include crimes motivated by gender, sexual orientation, gender identity, or disability. The Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act [text, PDF] was passed 281-146 [roll call] as part of the conference report authorizing $681 billion in military appropriations for the 2010 fiscal year. House Speaker Nancy Pelosi (D-CA) [official website] welcomed [press release] the bill's passage:


This nation was founded on the promise of pluralism; a commitment to equality and opportunity; and the belief that "liberty and justice for all" is not simply an empty pledge – it rests at the core of our identity as a people. No American should ever have to suffer persecution or violence because of who they are, how they look, or what they believe

House minority leader John Boehner (R-OH) [official website] said that Republicans did not support the bill because it relied on a person's subjective state of mind to determine the level of punishment. In addition to amending the definition of hate crimes, the measure creates a $5 million grant program for state and local law enforcement agencies investigating hate crimes and directs the US attorney general [official website] to give priority to multi-state and rural crimes. The bill now moves to the Senate [official website].

The House approved similar bills in April 2009 and May 2007 [JURIST reports]. The Senate also passed [JURIST report] similar legislation in the form of an amendment to the 2008 Senate Defense Reauthorization Bill [HR 1585 materials]. However, the broadened language was ultimately removed [JURIST report] during House and Senate negotiations.





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Accused 'Toronto 18' leader pleads guilty
Brian Jackson on October 9, 2009 9:02 AM ET

[JURIST] The accused leader of the so-called "Toronto 18" [Toronto Star backgrounder; JURIST news archive] Zakaria Amara pleaded guilty Thursday to charges of planning to bomb three targets within the province of Ontario in 2006. Those targets included the Toronto Stock Exchange and the Canadian Security Intelligence Service office in Toronto, as well as a military base between Toronto and Ottawa. Amara is the fifth member of the group [CP report] to plead guilty or be convicted in the plot, and, because of his leadership status, likely faces life in prison [Globe and Mail report], though sentencing will not take place for several weeks. Charges are still pending against six of the suspects, including the alleged co-leader of the group.

Last week, a member of the group, Ali Mohamed Dirie, was sentenced to seven years in prison [JURIST report] for his part in the plot, while another, Saad Gaya, pleaded guilty. One month prior, the first of the group to plead guilty, Saad Khalid, was sentenced to 14 years in prison [JURIST report], though the Canadian government is seeking to alter that sentence, after the court credited him seven years [Reuters report] for time already served. In May, the first of the suspects to be convicted was sentenced and released [JURIST report], with the court citing time served.






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Guantanamo detainee repatriated to Kuwait
Brian Jackson on October 9, 2009 8:19 AM ET

[JURIST] The US Department of Justice (DOJ) [official website] announced Friday that Kuwaiti Guantanamo Bay [JURIST news archive] detainee Khaled Al-Mutairi has been returned to his home country [press release]. The US government alleged that Al-Mutairi had fought against American troops in Afghanistan, but in his almost eight years at the facility, no charges were ever filed. Al-Mutairi maintains that he had traveled to Afghanistan to provide monetary support for schools. In his home country, Al-Mutairi will participate in a rehabilitation program [AFP report] set up by the Kuwaiti government, designed to help former Guantanamo detainees recover and reintegrate into civilian life. The DOJ also announced that a second detainee, whose identity has not been released, was released to Belgium. Al-Mutairi's release leaves 222 detainees who must be dealt with before the Obama administration's goal of closing the facility [JURIST report] can be realized.

Al-Mutairi's release was ordered [JURIST report] by federal judge Colleen Kollar-Kotelly of the US District Court for the District of Columbia [official website] when she granted his petition [opinion, PDF] for habeas corpus in July. Al-Mutairi was one of several Kuwaiti detainees remaining at Guantanamo. Most recently, Kollar-Kotelly ordered the release JURIST report] of Fouad Al Rabiah, another Kuwaiti man who had been held for seven years under suspicion of aiding the Taliban and al Qaeda in Afghanistan. Two weeks before that order, Kollar-Kotelly denied the petition [JURIST report] of Kuwaiti detainee Fawzi Khalid Abdullah Fahad Al Odah, who admitted to traveling to Afghanistan to meet with the Taliban.






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