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Legal news from Sunday, November 7, 2010




Taiwan prosecutors to appeal ex-president's acquittal in bank merger fraud case
Erin Bock on November 7, 2010 1:39 PM ET

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[JURIST] Prosecutors from the Taiwanese Special Investigation Panel (SIP) announced Sunday that they will appeal the recent acquittal of former president Chen Shui-bian [BBC profile; JURIST news archive]. Chen was acquitted [JURIST report] on Friday of charges of money laundering, breach of trust and insider trading after the Taipei District Court [official website, in Chinese] ruled there was insufficient evidence against the former president. SIP spokesperson Chen Hung-ta stated that the prosecutors disagreed [Taiwan News report] with the ruling and the court's findings. Chen Hung-ta indicated that the prosecution found [Focus Taiwan report] the court's views on presidential authority as well as its interpretation of other related facts to be unacceptable. Current Taiwanese President Ma Ying-jeou [official website, in Chinese; BBC profile] also questioned the court's reasoning and called on courts to be less isolated from society [Taipei Times report].

Chen Shui-bian and his wife were accused of taking more than $20 million in bribes from banks and financial institutions that sought to protect themselves during the implementation of Chen's financial reform program. The pair were sentenced to life in prison [JURIST report] in September 2009 after being convicted of embezzlement, receiving bribes, forgery and money laundering. Chen was again indicted [JURIST report] shortly after the September sentence on additional corruption charges relating to funds he received while traveling abroad as president. Chen was initially detained in November 2008 and formally indicted [JURIST report] the following month. He unsuccessfully appealed [JURIST report] his pretrial detention in January 2009. Chen served as president of Taiwan from 2000-2008.




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Gates calls for repeal of 'Don't Ask Don't Tell' before seating of new Congress
Dwyer Arce on November 7, 2010 10:15 AM ET

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[JURIST] US Defense Secretary Robert Gates [official profile] called [press release] Sunday for Congress to repeal the military's "Don't Ask Don't Tell" policy [10 USC § 654; JURIST news archive] before the inauguration of the 112th Congress in January. Following Tuesday's midterm elections [unofficial results], in which Republicans made significant gains in both houses of Congress, it is considered to be less likely that the legislation will pass [AP report] after the seating of the new members. In May, the House of Representatives voted to repeal the policy, but the legislation stalled in the Senate [JURIST reports], leaving the policy in place. The repeal of the "Don't Ask, Don't Tell" policy has been an important issue for President Barack Obama since taking office, and its inclusion in the State of Union Address [JURIST report] reaffirmed it as a top priority for the administration. Also Sunday, Gates called for the Senate to ratify the New START treaty [materials, PDF; BBC backgrounder], which was signed in April [JURIST report] by Obama and Russian President Dmitry Medvedev. The treaty was approved in September [JURIST report] by the Senate Foreign Relations Committee, but has not yet been voted on by the full Senate.

Since the enactment of "Don't Ask Don't Tell" in 1993, approximately 13,000 servicemen and women have been discharged from the armed forces as a result of the policy. In addition to political attempts at ending the ban on gays in the military, it has faced legal challenges regarding its constitutionality. The Log Cabin Republicans (LCR) [advocacy website] on Friday filed a petition asking the US Supreme Court to rescind the stay issued [JURIST reports] by the US Court of Appeals for the Ninth Circuit allowing the policy to continue being enforced. In September, the US District Court for the Central District of California found the policy an unconstitutional violation of gay service members' First Amendment and due process rights and issued the initial injunction [JURIST reports] against its enforcement the following month.




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