Bethune's charges [JURIST report] stem from boarding the Shanon Maru II, a Japanese whaling vessel, in response to a January 6 collision with the anti-whaling vessel, the Ady Gil, which he captained. As a result of the collision, the bow of the Ady Gil was sheared off, and the crew was rescued by another ship. On February 15, Bethune allegedly approached the Shanon Maru II ship on a jet ski, cut through anti-boarding netting surrounding the ship, boarded the ship, and then presented its captain with a bill for $3 million in damage done to his ship. He was taken into custody and returned to Tokyo where he was arrested by the Japanese Coast Guard. The Sea Shepherd Conservation Society [advocacy website], of which Bethune is a member, has criticized [press release] the indictment, saying the "charges are bogus" and that the group "questions the credibility of the entire Japanese judicial system for entertaining such absurdities." The group claims that Bethune is being held for "purely political reasons" in order set an example for anti-whaling activists.

Last month, Toyota accepted a record civil penalty of $16.375 million [JURIST report] imposed by the National Highway Traffic Safety Administration (NHTSA) [official website] for a four-month delay in notifying the agency about a problem with "sticky" and "slow to return pedal" gas pedals in various car models. The fine, the largest ever assessed against a car maker, was based on a preliminary review of extensive corporate documents attained through an investigation [press release] launched by the NHTSA in February. Toyota has been under federal scrutiny since December 2009, and has recalled more than 8.5 million vehicles.

The ruling brings the number of Guantanamo detainees who have prevailed in habeas corpus proceedings [JURIST news archive] in federal court to 36. The government has prevailed in only 14 cases. Earlier this month, a federal judge ordered the release [JURIST report] of Russian Guantanamo Bay detainee Ravil Mingazov [NYT profile]. In March, the DC court denied the habeas petition of Yemeni Guantanamo Bay detainee Makhtar Yahia Naji al Warafi [NYT materials] on its merits, allowing the US government to prolong the detention indefinitely. In late February, a DC judge ruled that the government can continue to hold indefinitely [JURIST report] two Yemeni Guantanamo Bay detainees, even though Fahmi Salem Al-Assani and Suleiman Awadh Bin Agil Al-Nahdi [orders, PDF] had been cleared for release by the Bush administration two years ago.

[F]ormer child soldiers need assistance for rehabilitation and reintegration into their communities, not condemnation or prosecution. The prosecution of Omar Khadr may set a dangerous international precedent for other children who are victims of recruitment in armed conflicts. At a time when the UN celebrates the 10th anniversary of the Optional Protocol on the Involvement of Children in Armed Conflict, we call on all governments that have ratified this treaty, including the United States, to uphold the spirit of the Protocol and all its provisions. In addition, anyone prosecuted for offenses they allegedly committed while a child should be treated in accordance with international juvenile justice standards, which provide them with special protections. Omar Khadr should not be prosecuted by a tribunal that is neither equipped nor required to provide these protections and meet these standards.

Earlier this month, a UN official called on the US and Canada to respect international conventions [JURIST report] and release Khadr into Canadian custody. In February, Khadr's lawyers filed an emergency motion in the Federal Court of Canada [official website] challenging the decision of the Canadian government not to seek his repatriation [JURIST report]. The Canadian Supreme Court ruled that Canada was not obligated [JURIST report] to seek his repatriation despite having violated his rights under section 7 of the Canadian Charter of Rights and Freedoms [text]. A US military judge has announced that Khadr's trial will begin on August 10 [JURIST report]. Army Col. Patrick Parrish also ordered pre-trial hearings [JURIST report] on the admissibility of Khadr's alleged confession to resume July 12. Khadr's pre-trial hearings were suspended last month so that Pentagon officials could submit him to a mental health evaluation.

Earlier this month, Human Rights Watch [advocacy website] alleged in a report [JURIST report] that on at least 12 separate occasions, Israeli forces destroyed civilian property [press release], including homes, factories, farms, and greenhouses, without any lawful military purpose during the 2008-2009 Operation Cast Lead [GlobalSecurity backgrounder; JURIST news archive] in the Gaza Strip [BBC backgrounder]. In March, UN Secretary-General Ban Ki-moon [official profile] called [JURIST report] Israeli settlement construction in the West Bank "illegal." The statement came two weeks after Israel announced [Haaretz report] the construction of 1,600 new housing units in East Jerusalem [GlobalSecurity backgrounder], where Palestinians hope to establish the capital of a future state.

[The DOD legislation] will compromise the professional independence of counsel and divert already starved defense resources from defending clients to defending the conduct, practices, actions and strategies of their lawyers. The American system of justice depends on the essential role of lawyers in counseling their clients. This includes providing zealous and effective counsel, even to those accused of heinous crimes against this nation in the name of causes that evoke our contempt...[Lawyers] who engage in inappropriate conduct or counsel a client to engage in conduct that is criminal or fraudulent are subject to the disciplinary authority of the jurisdiction(s) in which they are admitted to practice.

The DOD appropriations bill, which was unanimously passed by the House Armed Services Committee [official website] last week, has also been a point of contention in the effort to shut down Guantanamo Bay. If passed, the legislation will prohibit [JURIST report] the Obama administration from modifying or building a facility in the US to hold detainees currently held at the detention facility. The bill requires [summary, PDF] that any plan to construct or modify US facilities to accommodate Guantanamo transfers be "accompanied by a thorough and comprehensive plan that outlines the merits, costs, and risks associated with utilizing such a facility." As the Obama administration has not presented such a plan to Congress, the bill prohibits the use of any funds for the purpose of preparing a US facility for Guantanamo transfers. The Obama administration continues its push to close the Guantanamo Bay facility, despite missing its self-imposed one-year deadline [JURIST report] in January.

JPMorgan's insistence on the new agreements in August and September 2008, its unjustified demands for billions in additional collateral, and its refusal to return that collateral in the critical days before [Lehman's] bankruptcy filing, severely constrained [Lehman's] liquidity and impeded its ability to pursue and implement alternatives and initiatives that would have resulted in the preservation of billions in value. Instead, [Lehman's] liquidity constraints compelled an exigent chapter 11 filing that has resulted in tens of billions of dollars in additional lost value to the [Lehman] estate and its creditors. ... It is now too late to undo all the harm caused by the [Lehman] bankruptcy. It is not too late, however, to return to [Lehman's] estate and its creditors the billions of dollars of [Lehman] assets that JPMorgan illegally converted and continues to hold, and to compensate [Lehman] for all the damages that flow directly from JPMorgan's misconduct. This lawsuit seeks to return that value to the [Lehman] estate and to restore all of the creditors to the position they would have occupied but for JPMorgan's wrongful conduct.

The collapse of complex financial firms such as Lehman Brothers has spurred government action to increase regulation and oversight. Last week, the US Senate [official website] passed [JURIST report] the Restoring American Financial Stability Act of 2010 [S 3217 materials], focused on increasing regulation in the financial sector following the recent economic crisis [JURIST news archive]. The bill creates a new regulatory council to monitor financial institutions in order to prevent the companies from becoming "too big to fail." It also gives the Federal Reserve [official website] the power to supervise the largest financial companies and report to the government any risks the firms may pose to the economy at large. Additionally, a new consumer protection division will be established within the Federal Reserve to enforce rules against certain business practices like abusive mortgage lending and some credit card practices. As a final protection against future bailouts, the government will have the ability to seize and liquidate failing financial institutions before their collapse can have an adverse affect on the entire economy. US President Barack Obama praised the bill, but opponents of the legislation expressed concern that its passage will stifle the economy. The Senate bill has to be reconciled with the bill passed last December [JURIST report] by the US House of Representatives [official website] before Obama can sign it into law.

[T]he President is not sending enough troops. We believe the situation on the border is far worse today than it was [in 2006] due to the escalating violence between the Mexican drug cartels and the Mexican government. For this reason, we need to deploy at least 6,000 National Guard troops to the border region. The fact that President Obama announced today that he will only be sending one-fifth of the troops we believe are required is a weak start and does not demonstrate an understanding of the current situation in the region.

The deployment comes amid an effort by President Barack Obama to garner Republican support for proposed immigration reform legislation. Renewed pressure for congressional action on the issue has come after Arizona passed a bill [JURIST report] making it a state crime to be in the country illegally and requiring state police to verify the immigration status of those suspected of being in the country illegally. The bill has faced sharp criticism from Obama, Mexican President Felipe Calderon, and the international community [JURIST reports]. The effort is the first attempt at immigration reform since the failed [JURIST report] Comprehensive Immigration Reform Bill [S 1639 materials] in 2007. In 2006, former US president George W. Bush [official profile] announced [JURIST report] the deployment of up to 6,000 National Guard troops to the Mexican border as a prime element in a wide-ranging plan to 'fix' problems created by illegal immigration.