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Legal news from Sunday, November 6, 2011




7 Pakistanis indicted in Bhutto assassination
Maureen Cosgrove on November 6, 2011 2:48 PM ET

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[JURIST] An anti-terrorism court in Pakistan on Saturday indicted seven people in the 2007 assassination of former prime minister Benazir Bhutto [BBC obituary; JURIST news archive]. A senior officer and the former police chief of Rawalpindi, where the assassination took place, along with five militants, alleged members of the Pakistani Taliban, were among those charged with conspiracy [NYT report] in Bhutto's murder. Special prosecutor Chaudhry Azhar said negligence charges against the officers stem from their orders to remove evidence, hose down the crime scene two hours after the attack, and reduce security measures for Bhutto leading up to the attack. The five militants allegedly aided the suicide bomber and gunman [Al Jazeera report]. Former president Pervez Musharraf [BBC profile; JURIST news archive], who was accused of being involved in the assassination [JURIST report] by the Federal Investigation Agency of Pakistan [official website] in February, was not charged.

The Pakistani government and police forces have been criticized for their involvement in Bhutto's assassination. In April, the independent UN commission formed to investigate the assassination issued a report [JURIST report] holding the Pakistani government and police forces responsible for failing to provide adequate security. The report also accused the government of failing to launch a proper investigation into the assassination. The three-member commission was formed [JURIST report] in June 2009. Members included former Chilean Ambassador to the UN Heraldo Munoz, former attorney general of Indonesia Marzuki Darusman, and Peter Fitzgerald, a former deputy police commissioner in the Irish National Police who has served with the UN in other capacities. Bhutto was killed in a suicide attack in December 2007 that claimed the lives of at least 20 other people. At that time, Bhutto was the head of the opposition Pakistan People's Party, which was challenging then-prime minister Pervez Musharraf's Pakistan Muslim League-Quaid (PML-Q) [party websites] in the lead-up to parliamentary elections.




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DOJ tells Alabama it has authority to compel public school enrollment data
Ashley Hileman on November 6, 2011 11:56 AM ET

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[JURIST] The US Department of Justice (DOJ) [official website] on Friday issued a letter [text] to Alabama's Attorney General Luther Strange [official website], declaring its authority to investigate potential violations of civil rights laws. The letter, authored by Assistant Attorney General Thomas Perez [official profile], was in response to a letter the DOJ received from Strange on Wednesday, in which he questioned the legal authority [AP report] the DOJ had to compel enrollment data from Alabama school districts. Citing the duty of the Civil Rights Division of the Justice Department to investigate potential violations of civil rights laws that "protect educational opportunities for school children" and the complaints the DOJ has received regarding the state's controversial immigration law [HB 56 text; JURIST news archive], Perez declared that the US Attorney General has "express authority" to investigate and enforce non-discrimination statutes related to education. Perez also challenged Strange's ability to speak for the schools, writing that it was the DOJ's understanding "that you do not represent the school districts we have contacted. Please let us know if that understanding is correct, so that we may proceed accordingly." The correspondence between the DOJ and Strange stems from a letter sent earlier this week [JURIST report] by the former to each school district in the state as a reminder that they must provide equal access to public education for all children, regardless of their immigration status.

Last month, the US Court of Appeals for the Eleventh Circuit [official website] temporarily blocked [JURIST report] portions of the immigration law, including Section 28, which requires immigration status checks of public school students, and Section 10, which makes it a misdemeanor for an illegal resident not to have immigration papers. The ruling came in response to a motion filed [JURIST report] by the DOJ and a coalition of immigrants rights groups after a judge for the US District Court for the Northern District of Alabama [official website] twice refused to block the law [JURIST report] from taking effect. The DOJ argues that the "state regime contravenes the federal government's exclusive authority over immigration." Alabama state officials have defended the law [JURIST report] and argue that the state law is not preempted by federal immigration law and that the text reflects a "spirit of cooperation with the federal government." The state officials point out that the law contains mechanisms safeguarding against unlawful discrimination on the basis of race, color, or national origin and allegations suggesting provisions of the law would deter students from enrolling in school are speculative.




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