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Legal news from Thursday, January 26, 2006 |
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Senate Democrats urge appointment of special counsel for Abramoff probe
Joshua Pantesco on January 26, 2006 3:36 PM ET

[JURIST] US Senate Democrats Charles Schumer (D-NY) [official website] and Ken Salazar (D-CO) [official website] Thursday urged US Attorney General Alberto Gonzales [official profile] to appoint a special counsel to lead the investigation of Jack Abramoff [JURIST news archive] and his allegedly corrupt connections [JURIST report] with more than 20 Republican congressmen, staffers, and White House aides. Though Schumer and Salazar said that the US Department of Justice (DOJ) [official website] has adequately handled the investigation so far, they argued in a letter [text and press release] that appointment of an independent investigator was "not only justified, but necessary" in light of evidence suggesting that Abramoff had organized at least one White House meeting with presidential aides while Gonzales served as White House counsel. Earlier this month, Abramoff pleaded guilty to fraud and conspiracy charges [JURIST report] and to separate conspiracy, tax evasion, and mail fraud charges [JURIST report] as required by a plea bargain [PDF text] where he will receive a reduced sentence in exchange for future testimony in the ongoing Congressional bribery investigation. The lead prosecutor in the case, Noel Hillman, was nominated [press release; AP report] Wednesday by President Bush to a federal judgeship in New Jersey, and DOJ officials say Hillman will step down from the case next week. AP has more.


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Saddam to sue Bush, Blair over alleged 'war crimes'
James M Yoch Jr on January 26, 2006 1:52 PM ET

[JURIST] Khalil Dulaimi, chief defense lawyer for Saddam Hussein [JURIST news archive] said Thursday following up on earlier defense statements [JURIST report] that the ousted Iraqi leader intends "very soon" to sue US President George W. Bush, Secretary of Defense Donald Rumsfeld [official profile] and British PM Tony Blair [official profile] in the new International Criminal Court for abusing prisoners at Abu Ghraib [JURIST news archive] and authorizing the use of outlawed weapons, such as depleted uranium artillery shells, white phosphorous, napalm and cluster bombs. The US is not a party to the Rome Treaty [text] establishing the court, but the United Kingdom is. In December, in his address [JURIST video] accepting the Nobel Prize for Literature, British playwright Harold Pinter called for Bush and Blair to be arraigned before the ICC, although he noted "Bush has been clever. He has not ratified the International Criminal Court of Justice." Aljazeera has more.


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Bush: 'no doubt' NSA domestic surveillance program legal
Holly Manges Jones on January 26, 2006 11:52 AM ET

[JURIST] In a press conference [transcript; recorded video] Thursday, US President George Bush continued his administration's defense of the controversial domestic surveillance program [JURIST news archive], saying the program is legal and indicating that he may resist proposals by Congress to change it. Responding to a question on the surveillance program, Bush said: There's no doubt in my mind it is legal.... There's no doubt in my mind there are safeguards in place to make sure the program focuses on calls coming from outside the United States in, with an al Qaeda -- from a -- with a belief that there's an al Qaeda person making the call to somebody here in the States, or vice versa -- but not domestic calls.
So as I stand here right now I can tell the American people the program is legal, it's designed to protect civil liberties, and it's necessary. Now, my concern has always been that in an attempt to try to pass a law on something that's already legal, we'll show the enemy what we're doing. And we have briefed Congress -- members of Congress. We'll continue to do that, but it's important for people to understand that this program is so sensitive and so important, that if information gets out to how it's -- how we do it, or how we operate, it will help the enemy. And so, of course, we'll listen to ideas. But, John, I want to make sure that people understand that if it -- if the attempt to write law makes this program -- is likely to expose the nature of the program, I'll resist it. And I think the American people understand that. Why tell the enemy what we're doing if the program is necessary to protect us from the enemy? And it is. And it's legal. And we'll continue to brief Congress. And we review it a lot, and we review not only at the Justice Department, but with a good legal staff inside NSA. AP has more.
Previously in JURIST's Paper Chase....


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Alito law clerks support nomination in meeting with Bush
David Shucosky on January 26, 2006 11:27 AM ET

[JURIST] President Bush Wednesday met with a group of former law clerks to Judge Samuel Alito [JURIST news archive], describing them as people with a "wide range of political views", all of whom support Alito's nomination to the US Supreme Court. Addressing the press afterwards, Bush said: ... he has the strong support of all 54 of his former clerks, regardless of their political beliefs. Judge Alito has earned broad support from his fellow judges on the 3rd Circuit. Seven of them took the extraordinary step of testifying on his behalf before the Senate Judiciary Committee. ...
All these brilliant legal minds are united in their strong support of Sam Alito. And in his confirmation hearings, the American people saw why. Judge Alito is open-minded and principled. He gives every case careful attention, and he makes decisions based on the merits. Judge Alito understands that the role of a judge is to interpret the law, not to advance a personal or political agenda. Judge Alito is a man of character and integrity. Judge Alito will bring to the Supreme Court a broad range of experience and accomplishment. ...
There's no doubt about Judge Alito's qualifications, his intellect, or his complete dedication to our Constitution and laws. He is exactly the kind of person Americans want on the Supreme Court.
The Senate has a constitutional responsibility to give every judicial nominee an up or down vote. In its 216 year history, the Senate has held an up or down vote on every Supreme Court nominee with a majority of Senate support. And I call on the United States Senate to put partisanship aside and give Judge Alito the up or down vote he deserves and to confirm him as the next associate justice of the Supreme Court. Bush's remarks [text] come as Senate debate on the nomination continues. Alito's confirmation seems only a matter of time [JURIST report] as a majority of senators have announced their support for the nomination. A vote by the full Senate is expected either late this week or early next week. AP has more.


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International brief ~ UN to help Lebanon set up Hariri assassination tribunal
D. Wes Rist on January 26, 2006 5:22 AM ET

[JURIST] Leading Thursday's international brief, UN Secretary-General Kofi Annan has said that he's sending UN Under-Secretary-General for Legal Affairs Nicolas Michel [official profile] to Lebanon to assist government officials there in identifying the "nature and scope of the international assistance" needed to create a tribunal charged with trying those accused of killing Prime Minister Hariri and others in February 2005. Michel and the UN Office of Legal Affairs [official website] are authorized to lend assistance under UN Security Council Resolution 1644 [official PDF text], which recognizes the need for an international tribunal into the political killings in Lebanon and grants the Secretary-General power to assist Lebanese officials in creating the court. JURIST's Paper Chase has continuing coverage of the Hariri assassination probe [JURIST news archive]. The UN News Centre has more.
In other international legal news ... - In an op-ed [text] published Wednesday in the Washington Post, UN Secretary-General Kofi Annan called on the UN Security Council [official website] to make a "firm decision" concerning the creation of a UN peacekeeping force in Darfur [JURIST news archive], Sudan. Annan praised the work of the 7,000 member African Union [official website] peacekeeping force already in the country, but said that those troops were underfunded, understaffed, and lacked a clear mandate to contain the violence. The current UN Mission in Sudan [official website] is tasked with enforcing the provisions of the January 2005 peace accords between the Khartoum government and the now autonomous South Sudan; it has no authority to act in Darfur. Annan's statement came on the heels of a similar call [JURIST report] Tuesday by the head of the UN refugee agency for an established UN presence. JURIST's Paper Chase has continuing coverage of Sudan. The UN News Centre has more.
- Human Rights Watch [advocacy website] Wednesday released a six-month report [text] on Libya's compliance with international human rights standards that praised its progress but urged other world governments not to ease pressure on the country to improve its record. The report, based primarily on a June to July 2005 visit to Libya, the first allowed to a human rights NGO in nearly two decades, additionally chastised the North African state for its continued incarceration of political prisoners, lack of an independent judiciary, and the absence of free and impartial elections, and urged the government to change domestic legislation limiting the right to free speech. JURIST's Paper Chase has continuing coverage of Libya [JURIST news archive]. Read HRW's press release accompanying the report. South Africa's Mail & Guardian Online has local coverage.


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