[JURIST] The US Senate late Tuesday afternoon approved the nomination of federal appeals judge Michael Chertoff as the new Secretary of the Department of Homeland Security. The vote, originally scheduled for last week, had been delayed while Senate Democrats unsuccessfully sought further information on an FBI internal memo written in 2004, after Chertoff had left the Justice Department, that in originally-released form had edited-out names of DOJ lawyers present at a meeting on US military interrogation tactics at Guantanamo Bay whom Democrats said they wanted to question. The final vote on the nomination was 98-0 [Senate roll call]. One Republican and one Democrat missed the vote. Senator Susan Collins, the Republican chair of the Senate Homeland Security and Governmental Affairs Committee, offered these remarks on Chertoff in presenting his nomination to the full Senate Monday [Senate Republicans audio clip, MP3]. Senator Patrick Leahy, the ranking Democrat on the Senate Judiciary Committee, supported Chertoff's nomination [Leahy press statement], in the process expressing "astonishment" at President Bush's previous nomination of former New York Police Commissioner Bernard Kerik [JURIST report], who withdrew his name [JURIST report] in early January. Bloomberg has more.

[JURIST] The European Court of Justice [official website] ruled Tuesday that a merger between Tetra Laval [corporate website] and Sidel [corporate website] can proceed over the objections of the European Commission's antitrust office [EU Competition website]. The decision is one of the first setbacks to the EU's antitrust division and is expected to reduce its influence somewhat. In its opinion, the court said the appeals court had properly rejected arguments by the European Commission against the merger. The Commission blocked the merger four years ago on the basis that it would reduce competition in liquid food packaging. Read the court's full opinion [text] and a press release [PDF] on the court's ruling. Tetra Laval welcomed the ruling in a press release [PDF]. AP has more.

[JURIST] Microsoft [corporate website] has denied reports in the Danish media that Chairman Bill Gates threatened the Danish prime minister that the company would eliminate jobs in the country if it did not back an EU patent law proposal. Danish publication Børsen reported [in Danish] Tuesday that Gates told Danish Prime Minister Fogh Rasmussen that he would move jobs from recently acquired Navision [official website] to the US if Denmark opposed the patent directive. Microsoft European Vice President Klaus Holse Andersen denied that Gates made the statement while meeting with Rasmussen, and he said that Microsoft had no plans to close Navision. The patent proposal has been controversial in Europe. Supporters claim that it would standardize patent laws and facilitate trade involving software-based inventions, while opponents argue that the directive would concentrate power in the hands of major corporations like Microsoft and stifle technological innovation. From Denmark, the Copenhagen Post has local coverage. CNET News has more.

[JURIST] The Iranian Judiciary [official website] Tuesday denied accusations by Nobel Prize winning lawyer Shirin Ebadi [Nobel biography; BBC News profile] that it had harassed her and placed restrictions on her representation of political prisoners. A judiciary spokesman said that no restrictions were placed on Ebadi, and that Iranian citizens had a right to legal advice from lawyers, including Ebadi. Ebadi said Monday that she has been subject to threats for the past 10 years and that prisoners often had trouble gaining access to representation. Ebadi won the Nobel Prize in 2003 for her work in representing political prisoners in Iran. Last month, she was summoned [JURIST report] by the Iranian Revolutionary Court for questioning, but the court later claimed the summons was a mistake [JURIST report]. AFP has more.

[JURIST] Leading Tuesday's corporations and securities law news, the judge in the trial of former Enron [corporate website; JURIST Hot Topic] Chairman Ken Lay [Wikipedia profile] and ex-Chief Executive Jeff Skilling [Wikipedia profile] is asking defense attorneys and prosecutors for potential scheduling conflicts between June and September. The dates indicate the judge is eyeing a summer start for the trial. Defense attorneys are already citing conflicts in their schedules in a bid to push the trial back. Read the indictment [PDF] and SEC complaint [PDF] against Lay and Skilling. The Houston Chronicle has more and continuing coverage of the Enron collapse.

In other news...

• The European Court of Human Rights [official website] ruled that two activists who have been fighting a libel action from McDonald's [corporate website] should have been given legal aid. The court ruled that the lack of aid denied the pair a fair trial as guaranteed under the Human Rights Convention [text]. The court also ruled that their freedom of expression was violated by the 1997 judgment. The pair was found guilty of libel after they handed out leaflets containing numerous allegations about the corporation's policies and practices. Read a summary of the decision. McSpotlight has more information on the "McLibel" trial. BBC News has more.
  
  
• Truck maker Navistar International Corp. [corporate website] announced the SEC has started an informal investigation into the company's restatement of financial results for the past three years. Navistar will cooperate during the probe. AP has more.
  
  
• The SEC [official website] announced a settlement with InVision Technologies Inc. [corporate website], maker of airport bomb-detecting machines over accusations it paid or approved bribes to foreign officials considering buying their product. InVision will pay $1.1 million to settle the civil suit. InVision has already settled with the Justice Department [official website] over similar allegations. Read the SEC litigation release and complaint [PDF]. The San Francisco Chronicle has more.
  
  
• Continental Airlines Inc. [corporate website] announced company directors have accepted a cut in their compensation including 2005 stock option grants and a reduction in the base retainer fees and meeting fees by thirty percent. Read the Continental press release. The Houston Business Journal has more.
  
  
• The SEC announced JPMorgan Chase & Co. [corporate website] will pay a $2.1 million fine to settle allegations it failed to keep e-mails sought by investigators into stock research analyst misconduct. The company will pay $700,000 to the SEC, NYSE [official website], and the NASD [official website]. AP has more.
  
  
• California regulators announced a settlement with Aurora National Life Assurance Co. Inc., for $80 million. The settlement comes days before a civil trial over the purchase of Executive Life by French companies in 1991. Aurora will also admit that its executives made false statements to the state and in exchange will be dropped as a defendant in the civil case. The lawsuit stems from allegations French investors fraudulently obtained the remaining assets of California's largest failed insurance company. AP has more.

[JURIST] The Russian Supreme Court [official website, in Russian] Tuesday rejected a petition for the legalization of same-sex marriage. In its opinion, the court held that it could not alter the Russian Family Code to allow for same-sex marriages. The plaintiffs in the case filed for a marriage certificate in January in Moscow, but were rejected because same-sex marriages are prohibited by law. However, in a twist on the case, one of the plaintiffs, Eduard Murzin, is an MP from the Bashkiria republic in Russia. Murzin is heterosexual, but said he agreed to file for the marriage to promote gay rights in Russia with Eduard Mishin, the editor of a gay-rights website. Murzin said he planned to appeal the case to the European Court of Human Rights [official website] in Strasbourg. Mosnews.com has more.

[JURIST] The Food and Drug Administration [official website] announced Tuesday that it will create an independent drug safety board, in response to criticism in the wake of the Vioxx recall. The FDA already has an Office of Drug Safety [official website], but lawmakers have said it lacks sufficient independence and resources. The proposed board would include representatives from the FDA as well as medical oversight experts from other agencies like the Veterans Administration, and would consult with patient and consumer groups. The Bush administration has already proposed a 24 percent increase in funding for the Office of Drug Safety in its 2006 budget proposal. Reuters has more.

[JURIST] President Bush Tuesday recalled the US ambassador in Syria [US Embassy in Syria website] amid rising tensions over the recent assassination of former Lebanese prime minister Rafik al-Hariri in Beirut. Syria quickly condemned the murder in a press release issued by its US embassy in Washington, but the White House has publicly criticized [VOA report] Syria's ongoing military presence in Lebanon. US State Department spokesman Richard Boucher said that Bush had summoned Ambassador Margaret Scobey back to the United States for "urgent consultations." Reuters has more.

[JURIST] In Tuesday's international brief, Deputy US Ambassador to the UN Stuart Holliday [official profile] introduced a draft resolution to the UN Security Council [official website] on Monday proposing the creation of a 10,000 member peacekeeping force to be deployed to the Sudan [government website]. The proposal leaves the geographical deployment of the forces up to the UN Department of Peacekeeping [official profile], allowing for the possible deployment of peacekeeping forces to the still-volatile Darfur region. The Sudanese government hasn't yet given permission for the introduction of peacekeepers to the region. Without offical Sudanese approval of the force, the Security Council would need to authorize the peacekeeping mission under Chapter VII powers [official text] of the UN Charter, instead of Chapter VI powers. CNN has more.

In other international legal news ...

• ECOWAS [official website] negotiators met Tuesday with Togolese officials in an attempt to restore the country to its orginal constitutional framework. The negotiators are hoping to arrive at a deal Tuesday, as ECOWAS's threat of sanctions takes effect Wednesday. ECOWAS officials are also calling for an apology for the Togo government's refusal Friday [JURIST report] to allow a plane carrying the Nigerian president and African Union negotiators to land in the capital city of Lome. ECOWAS has threatened economic sanctions unless Togo [government website in French] returns its constitution to the original form that required an election following the death of a the president. Voice of America is reporting that ECOWAS and Nigerian officials are pressuring Togo President Fuare Gnassingbe to resign. JURIST's Paper Chase has continuing coverage of Togo. Republique Togolaise, the official government news website, has local coverage.
  
  
• Ronny Abraham of the French Conseil d'Etat [official website] was elected Tuesday by the Security Council and the General Assembly of the UN to fill a vacant seat on the International Court of Justice [official website]. Abraham will serve out the remainder of former ICJ judge and president President Gilbert Guillaume's nine year term, due to expire in February, 2009. The UN News Centre has more.
  
  
• Somalian Prime Minister Mohammed Ali Gedi [BBC profile] announced Tuesday that the transitional government, currently meeting in Nairobi, Kenya, would be conducting further reviews of the status of the capital city of Mogadishu, Somalia before moving the government agencies back to the war-torn area. Gedi had been pushing for the relocation of the government-in-exile to Mogadishu by February 21. Tuesday's announcement of further reports being required is the first indication that the newly formed Somalian government might be delaying their move back to the capital following last week's killing of a BBC journalist [BBC report]. Mogadishu was also the sight of a protest Monday over the proposed African Union [official website] peacekeeping force requested by Gedi during the first several months of the government's relocation to Mogadishu. Gedi recently recently received approval [JURIST report] for his cabinet nominations, paving the way for the final return of the Somalian government to Mogadishu. AFP has more.

[JURIST] The Japanese cabinet has approved a draft bill that would allow the Japanese defense minister to order the shooting-down of incoming missles without obtaining cabinet consent. The bill now goes to the country's parliament for a vote later this week. The legislation is seen as a response to concerns about the nuclear capabilities of North Korea, which first announced last week that it had nuclear weapons. "Lately, there are more countries equipped with missiles. We need to deal with the situation immediately if a missile were to be launched at Japan," Chief Cabinet Secretary Hiroyuki Hosoda told a news conference. BBC News has more. In related news, the South Korean National Intelligence Service [official website] reported Tuesday that North Korea currently lacks the technology to affix a nuclear warhead to a missile. The intelligence agency said that while North Korea may be capable of dropping nuclear weapons similar to the A-bombs used in World War II from airplanes, their current nuclear weapons are too heavy to be attached to missiles. South Korea's Chosun Ilbo has more.

[JURIST] The Department of Justice [official website] is expected to file a brief this week urging the Supreme Court not to hear the appeal of 17 American pilots who were captured and abused by Iraqis during the 1991 Persian Gulf conflict. The POWs filed suit in federal court in 2002 under the 1996 Anti-Terrorism Act [text] that allowed citizens to sue foreign governments that supported terrorism. The Iraqi government ignored the suit, and there was no trial. In July 2003, however, a district judge awarded the POWs $959 million in compensatory and punitive damages, and lawyers sought to claim a portion of the $1.7 billion in Iraqi assets that were frozen by the US. Shortly afterwards, the Bush administration began to argue that the case should be vacated due to the then-current need to keep money in post-Saddam Iraq for rebuilding purposes. In June 2004, the DC Circuit Court of Appeals ruled for the Bush administration, and vacated the earlier decision [opinion text, PDF]. The POWs have since appealed to the Supreme Court. The Court is expected to decide in the next two months whether to hear the case. The Los Angeles Times has more.

[JURIST] The US Court of Appeals for the DC Circuit [official website] has upheld a contempt ruling against two reporters who refused to disclose their sources to investigators looking into the leak of an undercover CIA agent's name to the press. The court concluded that no federal shield law exists for reporters seeking to protect sources' identities. Time magazine reporter Matthew Cooper and New York Times reporter Judith Miller were both held in contempt [JURIST report] in October by DC District Judge Thomas Hogan. Both could face up to 18 months in prison if they do not reveal their sources. Special Prosecutor Patrick Fitzgerald sought the reporters' testimony before a grand jury considering whether CIA agent Valerie Plame's identity was purposefully leaked to the media last year. In a unanimous ruling, the court wrote:

[W]e agree with the District Court that there is no First Amendment privilege protecting the evidence sought. We further conclude that if any such common law privilege exists, it is not absolute, and in this case has been overcome by the filings of the Special Counsel with the District Court.

[JURIST] Australian Foreign Minister Alexander Downer [official website] has conceded that claims by Mahdouh Habib [Prisoners Without Trials profile], a former Guantanamo Bay detainee, that he was tortured while held in Egypt may be true. Downer, who made the comments during a radio interview Monday, was responding to an interview Habib gave over the weekend, in which he alleged that he was tortured during the three years he has been imprisoned since being detained in Pakistan in 2001. Habib also alleged that his torture was witnessed by an Australian official in Pakistan. Downer said there was no way to confirm the allegations of torture in Egypt since the Egyptian government has not admitted to detaining Habib. Habib was released [JURIST report] from Guantanamo Bay without charge several weeks ago, but the US has maintained he has ties to al-Qaida. Read a transcript of Downer's interview. AFP has more.

[JURIST] AP is reporting that defrocked Roman Catholic priest Paul Shanley has been sentenced to 12 to 15 years in prison for repeatedly molesting a boy in the 1980s.

11:35 AM ET - An AP report is now available.

[JURIST] Following up a Monday report in JURIST's Paper Chase, a spokesman for the Prince of Wales [official website] has disputed a report by BBC Panorama that Prince Charles' upcoming marriage to Camilla Parker Bowles is illegal. Four legal experts were consulted, and all concluded that members of the royal family were able to marry in civil ceremonies under the Marriage Act of 1949, a Clarence House spokesman said. Lord St John of Fawsley [official profile], a constitutional law expert and friend of the Prince, backed the legality of the marriage and said that Bowles would be Queen when Prince Charles takes the throne. London's Evening Standard has more.

[JURIST] The UK government has informed at least two of the four British men [BBC News profile] recently released [JURIST report] from Guantanamo Bay that they cannot obtain passports. An attorney for Martin Mubanga and Feroz Abbasi said that both had received a letter from the government informing them that they would not be issue passports due to evidence against them provided by the US. It was unknown whether the passports of the other two former detainees, Richard Belmar and Moazzam Begg, have also been revoked. The government has the power to withdraw citizen's passports from the Royal Prerogative [Wikipedia article]. The recent announcement is only the 13th time the power has been since 1947 and the first in more than 25 years. BBC News has more.

[JURIST] Iraqi political parties have filed at least six challenges to the results of the Jan. 30 elections, the Independent Electoral Commission of Iraq [official website] reported Tuesday. The Commission has given parties until Wednesday to challenge the election results [JURIST document report], which it announced [JURIST report] on Sunday, before it will certify them. At least one complaint was lodged by a losing party requesting a recount of ballots. Results announced Sunday show the United Iraqi Alliance, a Shiite party backed by clergy members, with almost half the vote, while an alliance of Kurdish parties was running second with about 26 percent. The electoral commission received 359 complaints before it announced election results, many from those who were unable to vote due to irregularities and security problems. AP has more.

[JURIST] Australian Prime Minister John Howard [official website] has refused to respond to charges by a former intelligence officer that the Australian government knew of abuses by coalition troops in Iraq, despite claims to the contrary. Rod Barton, formerly an officer with the Defense Intelligence Organization [official website], said he saw evidence [JURIST report] of abuse during his tenure and he notified the Defense Department. Barton said he came forward with his claims after Howard and other government officials publicly said that Australian troops were not involved in prisoner interrogation or abuse in Iraq. Barton said evidence he saw of abuse came from Camp Cropper in Iraq, where high-value prisoners have been held. Howard was questioned on the abuse allegations during Question Time, but he refused to answer, telling MPs that Defense Department officials would respond to questions Wednesday. Read a transcript [text, PDF] from today's question period. Howard has maintained that Australian troops were not involved in detaining Iraqi prisoners. Australian Broadcasting Corporation News has more.

[JURIST] The European Court of Human Rights [official website] ruled Tuesday that two British activists found guilty in the UK of libel against fast food chain McDonald's [corporate website] did not have a fair trial and were deprived of their freedom of expression. Helen Steel and David Morris were subject to the longest trial in English legal history for accusing McDonald's of starving the Third World, destroying rainforests and selling unhealthy food. Steel and Morris appealed the British verdict to the European Court, arguing that they were forced to represent themselves [JURIST report] during the trial, which prevented them from receiving a fair trial required under the European Convention on Human Rights [PDF text]. In its Tuesday ruling [text - DOC; ECHR press release], the European Court said that the denial of state legal aid "deprived them of the opportunity to present their case effectively before the court and contributed to an unacceptable inequality of arms with McDonald's." Britain was ordered to pay Steel and Morris $45,400 and to offer a retrial. Reuters has more.

[JURIST] International Committee of the Red Cross [official website] president Jakob Kellenberger met with President Bush Monday to discuss ICRC concerns about detainees [ICRC press release] at Guantanamo Bay [JURIST Hot Topic archive]. The Red Cross regularly visits the detainees and, according to a leaked memo, has accused the US of using tactics "tantamount to torture" [JURIST report] on terror suspects. The Pentagon has denied the allegations. Reuters has more.

[JURIST] The US Senate Committee on Governmental Affairs Permanent Subcommittee on Investigations [official website] has said that former head of the UN Oil-for-Food program [official website] Benon Sevan [official profile] made over $1 million from allocating oil from Saddam Hussein's regime. An independent UN inquiry into the Oil-for-Food program concluded that Sevan solicited oil deals in an improper manner [JURIST report; UN Inquiry report - PDF text], but stopped short of accusing Sevan of bribery or criminal conduct. Last week, Sevan was formally suspended [JURIST report] from his post. The Senate Subcommittee's accusations against Sevan come as it prepares to hold a second hearing [witness list] Tuesday on the operations of independent inspection agents retained by the UN and their role within the Oil-For-Food program. Live audio of the hearing will be available beginning at 9:30 AM ET. AFP has more.

[JURIST] Here's a run-down of law-related events, expected developments and live webcasts on JURIST's docket for Tuesday, Feb. 15.

The US Senate [official website] convenes at 9:45 AM ET today and is scheduled to consider the nomination of Judge Michael Chertoff [nomination history] for Secretary of Homeland Security. A vote on Chertoff's nomination is expected [AP report] at 4 PM ET. Watch a live webcast of proceedings via C-SPAN 2. In committees today, the Investigations Subcommittee of the Senate Homeland Security and Governmental Affairs Committee [official website] is holding hearings on the UN's management of the Oil-for-Food Program. View a list of witnesses, and watch a live webcast of the hearing beginning at 9:30 AM ET. The Senate Foreign Relations Committee [official website] will consider the nomination of current US Trade Representative Robert B. Zoellick [official biography] for Deputy Secretary of State at 9:30 AM ET today.

The US House [official website] opens its session at 12:30 PM ET. A live webcast is available via C-SPAN. The House Financial Services Committee [official website] will hold a hearing at 2 PM ET today on the effect on competition of an SEC market structure proposal. The House Rules Committee [official website] will meet beginning at 5 PM ET to consider H.R. 310 [bill summary], the Broadcast Decency Enforcement Act of 2005.

The Heritage Foundation is holding a forum titled "Men in Black: How the Supreme Court is Destroying America." Watch a live webcast of the presentation, which begins at 12 Noon ET.

At the UN, the General Assembly [official website] will elect a member to the International Court of Justice at its session, which begins at 10 AM ET. Watch a live webcast of proceedings. Also today, Deputy Secretary-General Louise Frechette will hold a press conference on several issues addressed in the interim report of the Independent Inquiry Committee [official website] on the UN Oil-for-Food Program. A live webcast of the briefing begins at 12 Noon ET.

At the EU today, German Chancellor Gerhard Schroeder and European Commission President José Manuel Barroso will hold a press conference following a round table discussion. A live webcast of the press conference will begin at 6:30 PM local time [12:30 PM ET].

The Council of Europe's European Commission against Racism and Intolerance [official website] published reports on five countries today. Reports on Austria, Bosnia and Herzegovina, France, Macedonia, and Turkey are all available.

At the International Criminal Tribunal for the Former Yugoslavia, the trial of Slobodan Milosevic [ICTY case backgrounder] continues today. A webcast begins at 9:30 AM local time [3:30 AM ET]. Also today, the trial of Fatmir Limaj and others [ICTY case backgrounder] continues, with a webcast beginning at 2:45 PM local time [8:45 AM ET].