A federal immigration appeals court in Virginia has ordered the deportation of a Rwandan for allegedly engaging in genocide, the US Immigration and Customs Enforcement agency reported Monday. Enos Irigaba Kagaba was arrested in 2001 at the Minneapolis-St. Paul International Airport and charged with trying to enter the country without valid documents and misrepresenting his identity. Federal officials later found evidence that he had committed acts of genocide against the Tutsis in Rwanda in 1994; they say this is the first time that a court has order someone barred from entering the US on genocide grounds.

Kagaba has filed a petition with the 8th Circuit Court of Appeals to prevent his deportation. The ICE press release is here. AP has the more. BBC has background on the Rwandan genocide.

A Berlin court Monday ruled against two former Italian soldiers who were interned in German POW camps during WWII. Antonio Basile, 81, and Giacomo Malberto, 82, had sought the equivalent of $9,450 each from a fund set up by the German government and industry in 2001 to compensate slave laborers during WWII.

The court ruled that the men were prisoners of war in regular camps and did not qualify for the payments intended for slave laborers. Learn more about the German Foundation Act, providing the legal basis for slave labor compensation awards; the Foundation's August 2001 press release making the original announcement of no compensation for Italian POWs is here [PDF]. AP has the full story.

An audit conducted by the US Department of Justice's Inspector General and released Monday has found that the FBI faces a large backlog of text and audio receptions awaiting translation. Since September 11, 2001, more than 123,000 hours of audio in languages associated with terrorists and 370,000 hours of audio associated with counterintelligence had not been reviewed as of April 2004.

The audit also found that the FBI lacks the personnel necessary to do the translation work and faces limitations in technology, especially computer storage capacity, that lead to backlogs. The full audit report is here. AP has more.

The US Coast Guard announced Monday the seizure of 27 tons of cocaine and the arrest of 18 people from aboard two fishing boats in the East Pacific. The seizures, made possible by the work of an interagency task force that included agents from the Coast Guard, FBI, DEA, Immigration and Customs Enforcement, and IRS, as well as from a variety of other enforcement agencies, were made at sea on September 17th approximately 300 miles southwest of the Galapagos Islands and September 26th approximately 1,000 miles south of Manzanillo, Mexico.

The Coast Guard has seized 240,518 pounds of cocaine (worth about $7.7 billion) this year, a new record. The press release from the DHS is here. Video of the capture of the first ship is here.

In Monday's corporations and securities law news, Time Warner Inc. and Comcast Corp. have indicated that they may make a joint bid for bankrupt cable-television operator Adelphia Communications Corp. The bid may allow Time Warner to swap Adelphia assets in exchange for Comcast's interest in Time Warner Cable. Comcast also announced a new plan which will reduce Comcast's interest in Time Warner Cable in exchange for stock of a subsidiary that will hold cable systems and cash. Read the Comcast press release relating to the new plan here. Bloomberg has more.

In other news...

• Michael Kopper, the first former Enron executive to strike a plea bargain with prosecutors and an aide to Enron's former chief financial officer Andrew Fastow, testified that Fastow said "that making Enron's books look good would turn him into a hero with Enron's CEO, Jeff Skilling." The comments were made in connection with the partership in Nigerian barges that helped Enron cook its financial statements. Read the indictment in the Nigerian barge deal here [PDF]. Read the indictment against Andrew Fastow here [PDF]. The Houston Chronicle has more.
  
  
• German officials are investigating Deutsche Bank, Germany's largest bank, on the suspicion it may have manipulated its balance sheet. BBC has more.
  
  
• As reported earlier on JURIST's Paper Chase, Microsoft chief counsel Brad Smith indicated that he remains hopeful that the company can still settle with the European Commission after its finding some months ago that Microsoft had abused its "dominance of PC operating systems." JURIST’s Paper Chase has extended coverage of Microsoft's legal troubles. Reuters has more.
  
  
• Home mortgage financier Fannie Mae has agreed to boost its reserve capital by several billion dollars and take other actions, including tightening internal controls, to correct its accounting problems. Read the Fannie Mae agreement here [PDF]. AP has more.
  
  
• Citigroup announced a straight swap of its top executives as Sallie Krawcheck will take over as chief financial officer at the company and that Todd Thomson will become head of Smith Barney. Read the Citigroup press release announcing the move here. The Financial Times has more.
  
  
• Tommy Hilfiger Corp. announced a federal grand jury has subpoenaed documents from its US unit regarding commissions paid to a subsidiary outside the United States. The investigation is said to focus on whether the commission rate was appropriate. Read the Tommy Hilfiger press release announcing the subpoena here. Reuters has more.

The Cabinet of Spain's new Socialist government is expected to pass a bill allowing same-sex marriages on Friday. The proposed bill has started a furor with the Catholic Church who say the bill will release a "virus" into Spanish society. Once passed, the bill will go to Parliament for debate.

If the bill becomes law, homosexuals would be able to marry by next year. Spain would join Belgium and the Netherlands in legalizing gay marriage. Sweden and Denmark recognize "civil union" laws for same-sex couples. This is expected to be the first step in Prime Minister Jose Luis Rodriguez Zapatero's pledge to overhaul church-state relations and ultimately make Spain a secular state. AP has more.

The former head of the Roman Catholic Diocese of Springfield, Massachusetts, Bishop Thomas Dupre, has been indicted on child rape charges, a county prosecutor said Monday. Dupre, who resigned on February 11th, is the first Catholic bishop to be indicted in connection with the sexual abuse scandal that has rocked the American church for several years now; he was accused of molesting two boys in the 1970s and then asking them to keep quiet about the abuse when he was made auxiliary bishop in 1990.

Hampden County District Attorney William Bennett nonetheless indicated that he will not pursue the case as the statute of limitations on the charges, six years at the time of the alleged crimes, had expired. Dupre's replacement, Bishop Timothy McDonnell has reached a settlement with 46 people who say they were abused by priests. Read more about the allegations against Dupre here. Read the Massachusetts Attorney General's report on abuse by Boston clergy from 2003 here [PDF]. AP has more.

UPDATE: FindLaw has now posted the indictment.

Two US soldiers from the 1st Cavalry Division have been charged with murder in the death of an Iraqi civilian. The military announced it will not provide further details because an investigation has begun.

Last week, two soldiers from the same unit were charged in the deaths of three civilians. The 1st Cavalry Division press release is here. AP has more. As reported Saturday on JURIST's Paper Chase, US Army Specialist Federico Merida was sentenced over the weekend to 25 years in prison for murdering a member of the Iraqi National Guard in May.

The Eleventh US Circuit Court of Appeals has upheld a lower court ruling that internet publishers are not required to comply with the Americans with Disabilities Act, denying the appeal of Access Now, an advocacy group for the blind that had had sued Southwest Airlines seeking a redesign of its internet site.

While Friday's decision was made on mostly procedural grounds, the three-judge panel noted that the questions raised by the lawsuit are significant, and could be further explored in the future by a different case. The Eleventh Circuit's ruling is here [PDF]. CNET News has more.

Thomas Finneran, the longtime Democratic speaker of the Massachusetts House who since March has been the subject of a federal investigation regarding his involvement in drawing the state's redistricting map, announced his resignation Monday. Finneran will take a position with the Massachusetts Biotechnology Council.

A 2001 lawsuit claimed that the state redistricting map had been illegally drawn to favor incumbents. Ruling on the suit in February, the US First Circuit said in a footnote that Finneran's testimony, in which he denied involvement, was not credible. On Wednesday, the House will hold a special session to elect majority leader Salvatore F. DiMasi as the new speaker. DiMasi supports same-sex marriages and abortion rights, and had opposed Finneran on those issues. AP has more.

The Eleventh Circuit Court of Appeals Monday reinstituted a lawsuit that sought to mandate a paper trail for electronic voting machines in Florida. The lawsuit, filed by Robert Wexler, a Florida congressman, was initially denied jurisdiction by a federal district court. The Eleventh Circuit vacated that decision, and remanded for a determination on the merits.

A Florida state court ruled last month that a paper trail was not required. Read the Eleventh Circuit's full opinion.[PDF]AP has more.

The Sixth US Circuit Court of Appeals ruled Monday that Ohio Gov. Bob Taft should have ordered a special election to fill the vacancy created when former Congressman James Traficant was expelled from office because of a bribery and racketeering conviction. According to the 2-1 majority, Taft's failure to order a special election denied voters in Traficant's district their constitutional rights to vote and to equal representation. For the majority, Judge Karen Moore wrote:

We conclude that Article I, section 2, clause 4 imposed a mandatory duty upon Governor Taft to hold a special election to fill the vacancy in the District created by the expulsion of Traficant. Although there may be situations where an executive’s duty is excused because the time remaining on the Congressional term is truly de minimis, this was not such a situation. While legislative balancing of the state’s and its voters’ interests is entitled to deference, a special election that complied with Ohio’s election code could have been held in this case. Therefore, we hold that Governor Taft violated his duty to call a special election under Article I, section 2, clause 4 and denied ACLU members the rights to vote and to equal protection in violation of the Fourteenth Amendment.

A group of current and former deputies to Russia's parliament filed a lawsuit Monday asking the Russian Supreme Court to annul Russia's December parliamentary elections conducted by the Russian Central Election Commission.

According to the lawsuit, the Commission did not detect violations that led to pro-Kremlin party United Russia receiving an unfair advantage in media coverage. The lawsuit also alleges that United Russia deceived voters about politicians running on its ticket. MosNews.com has local coverage (in English) and AP has more.

• French Finance Minister Nicolas Sarkozy said during a television interview Sunday that France must hold a referendum on the question of Turkish accession before the EU admits the predominantly Muslim nation. Sarkozy stated that his concern wasn't based on the Islamic nature of the country, but rather its size. Turkey's current population tops out at 71 million, and is estimated to reach 100 million by 2050. Under the proposed EU constitution's (see draft here [PDF]) voting rules, Turkey would have the largest vote of any EU member. Sarkozy has joined a number of French officials that have questioned the accession of Turkey for a variety of reasons. Last week, French Prime Minister Jean-Pierre Raffarin questioned the commonality of Turkey with Europe due to its Muslim nature. The European Commission report on accession is due out October 6th. JURIST's Paper Chase has more on Turkey's bid for accession here. Turkish Press has more.
  
  
• Guyana has become the 97th country to ratify the Rome Statute (available here [PDF]) of the International Criminal Court. The ratification came late Friday evening during the week long push by the UN for signatures or ratifications of treaties protecting the rights of civilians. Guyana's ratification means that more than half of the world's nations have now ratified the Rome Statute. Read the UN news release here. A press briefing of the Chief of UN Treaty section's press conference is here.
  
  
• Sultan Hassanal Bolkiah of the tiny, oil-rich country of Brunei has reopened parliament there for the first time in 20 years. The Sultan abolished the parliament following the country's independence from British colonialism in 1984. Bolkiah warned the parliament not to take any drastic steps, but to serve their role in 'enhancing cooperation' between the government and the people. Bolkiah also mentioned the possibility that the parliament would consider reform to the country's 1959 constitution (text here). The move is seen to be a preparation by the Sultan for his country in light of their dwindling oil reserves, which experts predict could run out in 20 years. The Straits Times of Singapore has more.

Pakistani security forces have shot dead al Qaeda member Amjad Hussain Farooqi (profile from BBC News), prompting Pakistani President Pervez Musharraf to say Monday that "we've eliminated one of the very major sources of terrorist threat."

Farooqi, a principal member of al Qaeda in Pakistan, was wanted in the 2002 kidnapping and slaying of Wall Street Journal reporter Daniel Pearl and two failed attempts to assassinate Musharraf. The siege on Farooqi's hideout in Nawabshah was followed Monday by the arrest of more suspected Islamic militants around the country. Reuters has more.

Following up on a story previously reported on JURIST's Paper Chase, the US Army formally announced Monday that Lynndie England will face court-martial in January on charges arising out of the Abu Ghraib prisoner abuse scandal.

Lt. Gen. John Vines, commander of the 18th Airborne Corps at Fort Bragg, said that England will face 19 counts of abuse and indecent acts, including two counts that Article 32 hearing officer Col. Denise Arn recommended be dropped. If convicted on all counts, England could face up to 38 years in jail, a dishonorable discharge and forfeiture of all pay and allowances. AP has more.

Previously reported on JURIST's Paper Chase...

• Lynndie England to face court-martial
• Lynndie England defense only allowed one witness in Abu Ghraib abuse hearing
• Hearing resumes in Abu Ghraib abuse case against Lynndie England
• England defense seeks to call top US commander in Iraq
• Lynndie England faces hearing over Abu Ghraib abuses

Former President Jimmy Carter says in an op-ed published Monday in the Washington Post that because several key provisions of the Help America Vote Act of 2002 (HAVA) have not been implemented as a result of inadequate funding or political disputes, "a repetition of the problems of 2000 now seems likely." HAVA was based on recommendations made by the National Commission for Federal Election Reform, led by Carter and former President Gerald Ford, set up after the 2000 Presidential recount.

Carter writes that "some basic international requirements for a fair election are missing in Florida," including a nonpartisan electoral commission and uniformity in voting procedures. Carter admits that reforms are unlikely this close to the election, but calls for "maximum public scrutiny on the suspicious process in Florida." BBC News has more. The Carter Center, which has observed over 50 elections worldwide, has background on its lack of involvement in the 2004 US elections.

Microsoft chief counsel Brad Smith said Monday in Brussels that he remains hopeful that the company can still settle with the European Commission after its finding some months ago that Microsoft had abused its "dominance of PC operating systems."

Smith said that Microsoft had already spent millions in trying to comply with the Commission's ruling and may suffer irreparable damage if forced to do so fully. Reuters has more. Microsoft will argue its case later this week before the European Court of First Instance. JURIST’s Paper Chase has extended coverage of Microsoft's legal troubles.

Here's a run-down of law-related events, expected developments and live webcasts on JURIST's docket for Monday, September 27.

On Capitol Hill, the US Senate will meet at 1 PM ET and will consider the Intelligence Reform Bill (S 2845). Watch a live webcast (via C-SPAN). The US House is not considering any legislation today.

The Alliance for Justice will host a debate on the future of the US Supreme Court at 9:30 AM ET. Watch a live webcast (via C-SPAN).

At the United Nations, the 59th session of the General Assembly reconvenes at 10 AM ET with remarks by multiple heads of state and other high-level ministers, which will continue into the Assembly's 3 PM ET afternoon session. Read the schedule of speakers and watch a live webcast of both sessions.... A 12:45 PM press conference is scheduled with the Chairman of the Security Council Committee established pursuant to resolution 1540 (on non-proliferation of weapons of mass destruction). Mihnea Ioan Motoc will brief on the work of the committee. Watch a live webcast.

Abroad today, the trial of seven men charged with 96 counts of sexual abuse begins in the British colony of Pitcairn Island. JURIST's Paper Chase has background and the Guardian has more.... A week-long World Intellectual Property Organization General Assembly meeting opens in Geneva. Background materials are available.

In Monday's US law and business press, the National Law Journal reports that the House of Representatives has voted to reinstate mandatory sanctions for attorneys who file frivolous lawsuits under FRCP Rule 11.... The Connecticut Law Tribune reports on a CT attorney's facetious written statement to opposing counsel in a divorce action that Saddam Hussein would be an acceptable choice to oversee his client's supervised visits with her daughters.... The Legal Times reports that the US Supreme Court will discuss a major land use case at its private conference today.... The St. Louis Business Journal reports that three MO companies that operate sports radio stations have agreed to pay $158,000 to settle federal charges that they participated in illegal gambling activities.... The ABA Journal reports on the success of Care & Comfort, a small ME-based home health care business.... FindLaw's Writ has Hofstra law professor Joanna Grossman's column on the enforceability of pop star Britney Spears's prenuptial agreement.

Click for the previous US law and business press review