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Legal news from Sunday, July 3, 2005




Saddam lawyers file US writ to move trial outside Iraq
Holly Manges Jones on July 3, 2005 4:59 PM ET

[JURIST] A committee of lawyers created for Saddam Hussein's defense team has filed a writ of habeas corpus [LectLaw definition] in the US requesting that he be taken out of Iraq for his upcoming trial, a move anticipated as far back as December [JURIST report]. The committee, led by Ziad al-Khasawneh [Wikipedia profile], argues that a proceeding before the Iraqi Special Tribunal [official website] would be "prejudiced" against the former dictator. Khasawneh has also expressed strong doubts that the trial will take place in the next 90 days [JURIST report] as predicted, since he has been given no information [JURIST report] on the documentation, evidence or charges against Saddam. The committee has challenged the US invasion of Iraq as illegal since no weapons of mass destruction have been found and a connection between Saddam and al-Qaeda has not been proven, so they argue that the Saddam-era Iraqi constitution [text] should stand. Under Article 40 [text] of that document, Saddam can only be tried with the Ba'ath Revolutionary Council's permission, so his lawyers argue that the impending trial should not go forward at all. The committee is made up of 2,500 Arab and non-Arab lawyers, including some from the US. The London Sunday Times has more.






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AG Gonzales visits Iraq, praises work promoting "rule of law"
Holly Manges Jones on July 3, 2005 4:38 PM ET

[JURIST] US Attorney General Alberto Gonzales [DOJ profile] made a surprise visit to Iraq Sunday to meet with US soldiers, Justice Department officials currently training Iraqi judges and law enforcement officers, and his counterparts in the Iraqi government. Gonzales commended the country's efforts to secure democracy and the rule of law amidst recent attacks by insurgent forces. He also denounced abuses by US soldiers at the Abu Ghraib prison, saying blame fell on a few individuals and that their actions were not approved US policy. Joining Gonzales on his trip was Max Wood [DOJ profile], a US Attorney for Georgia who will serve as the senior US law enforcement official in Iraq. On the flight home to Washington Gonzales said that the Iraqi government would accept US help in the investigation and prosecution of cases involving the kidnapping and/or killing of government officials, such as that of Ihab al-Sherif, the newly-named Egyptian emissary to Iraq who was abducted by gunmen Saturday night in Baghdad. AP has more.






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Number of US classified documents reaches all-time high
Holly Manges Jones on July 3, 2005 4:10 PM ET

[JURIST] A new federal Information Security Oversight Office [official website] report [PDF] indicates that 15.6 million documents were classified by the US government in 2004, almost double the number from 2001, leading to a cost to taxpayers of $7.2 billion. At the same time, the declassification process, which makes historical documents available to the public, has slowed from 204 million pages in 1997 to approximately 28 million pages in 2004. The increased numbers are being criticized by politicians, including some conservatives, and traditional watchdog groups such as the American Civil Liberties Union (ACLU) [advocacy website], which recently decried the Bush administration's tendency to classify and restrict more scientific information [JURIST report]. Thomas Kean, chairman of the September 11 commission [official website] and former Republican governor of New Jersey, has said, "We're better off with openness. The best ally we have in protecting ourselves against terrorism is an informed public." The New York Times has more.






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Iraqi government admits security forces tortured, abused detainees
Holly Manges Jones on July 3, 2005 3:06 PM ET

[JURIST] Iraqi government spokesman Laith Kubba admitted Sunday that Iraqi security forces have commited abuse and torture in fighting the Sunni-led insurgency in Iraq. Kubba said that government ministers are concerned. Mohammed Hamed Qader, a Kurdish Islamic member of parliament, says that he was recently beaten and insulted after being taken into police custody and is demanding that an investigation be carried out by the Iraqi Interior Ministry [Global Security backgrounder], which has denied the allegations of abuse. Deputy Interior Minister Ahmed Ali al-Khafaji said the reports are "all false" but Sunnis have questioned the ministry's connections to the formerly exiled Shi'ite Badr militia. Reuters has more.

Kunna's comments followed US military confirmation of Iraqi abuses of detainees [JURIST report] Friday and the publication earlier Sunday of an investigative report by the English Observer newspaper [text] indicating that weapons, ammunition and vehicles provided by the US and Great Britain for the Iraqi Police Service (IPS) [Global Security backgrounder] are being redirected to paramilitary commando units which been accused of human rights violations of murder and torture such as strangulations, burnings, electric shocks, sexual abuse, and broken bones. The Observer also detailed claims of abuse within the Interior Ministry. The UK Foreign Office [official website], the United Nations [official website], and the US State Department [official website] are all said to have discussed the allegations with the new Iraqi government. The Foreign Office has said, "Any abuse of detainees is unacceptable. As soon as we become aware of any allegations of abuse we raise them at the highest levels in Basra and Baghdad."






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GOP leaders preparing for streamlined high court confirmation hearings
Alexandria Samuel on July 3, 2005 11:16 AM ET

[JURIST] The Washington Post reported Sunday that Republicans are intent on implementing a streamlined schedule to quickly confirm a successor for retiring Supreme Court justice Sandra Day O'Connor and avoid a repeat of the past year's stalled judicial confirmations [JURIST news archive]. A GOP Senate Judiciary Committee planning document urges that President Bush’s nominee be counseled to avoid disclosing personal political or legal opinions that may spark prolonged questioning from Democrats. Bush is expected to announce his selection after he returns from the G8 summit in Europe July 8. GOP leaders say they are prepared for hearings to begin as soon as three weeks after a nomination announcement, although observers consider it more likely for the process to be delayed until late August or early September. Senior Democrats said in television interviews Sunday [AP report] that they had no advance intention of filibustering a high court nominee, but that it was an option they had, depending on who the nominee turned out to be. The Washington Post has more.






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