[JURIST] The White House reiterated [JURIST report] Monday that extensive requests by Democrats for legal writings produced by Supreme Court Justice nominee John Roberts would be met with opposition. During a White House press briefing, Press Secretary Scott McClellan told reporters [transcript] that although the Senate Judiciary Committee [official website] has not made a request for any specific documents, the administration is committed to ensuring that the nomination process does not become stalled. Some Democrats have hinted that Roberts' limited tenure on the bench would require the release of memos, briefs and other documents he wrote during his career to shed light on his views on key issues such as abortion, the environment and federal jurisdiction. Recent reports on several Democratic websites allege Roberts was a member of the conservative Federalist Society, a charge neither Roberts or the White House will confirm. Roberts has remained tight-lipped since President Bush announced his nomination, meeting briefly Monday with Judiciary Committee members Joseph Lieberman (D-Conn) and Dianne Feinstein (D-CA). Senator Lieberman has urged Senate members to remain flexible, and stated that he would "hate to see [the Senate] get into a battle over whether the administration was going to share documents instead of the basic question of is Judge Roberts deserving of confirmation". AP has more.

[JURIST] Leading Monday's corporations and securities law news, Fidelity Investments [corporate website] has announced that it may face civil charges from the SEC. In a press release, Fidelity said that it received a Wells Notice that the SEC may file a lawsuit related to Fidelity's employees accepting gifts from Wall Street brokerage firms. A Wells Notice is a formal notice the SEC sends to companies to notify them that they may face civil charges. Earlier this month, Fidelity reassigned employees who may have been involved in accepting gifts [JURIST report]. Bloomberg has more.

In other corporations and securities law news...

• German bank Commerzbank [corporate website] has announced that it is being investigated by Swiss and German authorities. The bank is being investigated for possible money-laundering related to Russian telecoms. The personnel and services chief of the bank, Andreas de Maiziere, has already left the company as a result of the investigation. In a brief press release, the bank said that investigators searched its Frankfurt offices last week. Reuters has more.
  
  
• Sony BMG [corporate website] has settled with New York State over a payola scheme [Wikipedia entry]. In a press release, New York Attorney General Eliot Spitzer [Wikipedia profile] said Sony BMG bribed radio stations to give more airtime to Sony BMG artists. As part of the settlement, Sony agreed to stop the payments and to disclose all payments Sony BMG employees made to radio stations. Sony also agreed to donate $10 million to a New York musical education charity. AP has more.
  
  
• Danone Group and French regulator AMF [official website] has announced that PepsiCo is not planning to bid on the French dairy producer. The announcement put to rest weeks of rumors that had prompted vows of defense from France's Prime Minister [JURIST report] and President [Reuters report]. AFX has more.

[JURIST] Leading Monday's states brief, Illinois Governor Rod Blagojevich today signed [press release] the Safe Games Illinois Act [text], which bans the rental and sale of violent and sexually explicit games to those younger than 18 years of age. The legislation, passed [JURIST report] in May, also requires retailers to label violent and sexually explicit games and to post signs that explain the ratings. Retailers who sell the games to children under 18 face a $1,000 fine and retailers who fail to properly label games or place rating explanation signs face a $500 dollar fine for the first three violations and a $1,000 dollar fine for each additional violation. The law is the first of its kind in the nation and becomes effective January 1st 2006. Visit the Illinois Safe Game website.

In other state legal news ...

• A North Carolina Stokes County Superior Court [official website] judge Monday ordered a new trial based on new DNA evidence for a man convicted of rape and murder. The judge ordered a new trial based on a 2001 state law that says if DNA results are favorable to the defendant the judge may vacate the judgment, discharge or re-sentence a defendant, or grant a new trial. The judge determined that new DNA evidence revealing that only the Defendant's blood was on the knife and that the Defendant's sperm was not present on the victim's vaginal swab, was potentially exculpatory or able to raise a question of reasonable doubt. The Defendant, Rex Penland, was sentenced to execution for the 1992 crimes. AP has more.
  
  
• The South Carolina Supreme Court ruled [text] today that the state Transportation Department illegally awarded private contracts on two state projects because the agency used a design-build method to award the contracts when it was only allowed to use the lowest bid method. The design-build method used by the Transportation Department [official website] asks for proposals that include the design and construction of the project and differs from traditional methods were the agency does the planning and designing and then picks the bidder based on lowest price. The decision also found that the plaintiff, a citizen watchdog with no direct links to the project, had standing to bring the lawsuit. AP has more.
  
  
• A West Virginia judge has dismissed a libel lawsuit filed by former state Supreme Court [official website] Justice Warren McGraw against attorney George Carenbauer and West Virginia Media Holdings. McGraw's suit claimed ads ran on a West Virginia media channel, and funded by And for the Sake of Kids, were untrue. Carenbauer was the attorney for And for the Sake of Kids. McGraw's suit against Massey Energy Company [company website] CEO Don Blankenship, who provided most of the money to And for the Sake of Kids, was not dismissed. West Virginia's The State Journal has local coverage.

[JURIST] The US Court of Appeals for the Ninth Circuit [official website] released an opinion [PDF] Monday explaining its July 14 reversal [JURIST report] of a ban on importing Canadian cattle enacted two years ago after Canada discovered its first domestic case of mad cow disease [Wikipedia backgrounder]. The court found that Montana District Court Judge Richard Cebull's March ruling [JURIST report] barring the resumed importation of Canadian cattle erred in declaring [Bloomberg report] that reversing the ban would cause "irreparable economic harm'' and called the original ruling "alarmist" and "overstated". Reuters has more.

[JURIST] The government of Rwanda [official website] announced Monday that it would release up to 30,000 prisoners suspected of involvement in the 1994 genocide [Wikipedia backgrounder] and other war crimes on a provisional basis. According to the Prosecutor General, those to be released [AllAfrica.com report] are mostly the elderly, those under 18 at the time of the genocide, and those who have been detained for many years. The release, however, is not an amnesty; those freed may still face charges in local courts. BBC News has more.

[JURIST] An Iranian court ruled on Monday that it lacked jurisdiction to investigate the death of Canadian photojournalist Zahra Kazemi [CBC backgrounder] as a premeditated murder [JURIST report] since the original court ruled the death unintentional. Kazemi died three weeks after being arrested in July 2003 for taking pictures of a government protest outside a prison in Tehran, and the circumstances surrounding her death drew international attention [JURIST report] after evidence of torture and rape [JURIST report] during her detention was discovered. An Iranian agent was acquitted [JURIST report] after a two-day trial that caused the UN to voice human rights concerns [UN press release]. CBC News has more.

[JURIST] An Italian court issued arrest warrants on Monday for six more CIA operatives in connection with the kidnapping of a radical Muslim in 2003 [Washington Post report] in Milan. Last month the court issued warrants for 13 members of the unit [JURIST report] and is considering seeking extradition [JURIST report]. The six warrants today were issued for the remaining members of a group of 19 agents, originally believed to have been uninvolved in the abduction. Last week however, prosecutors told the judge they had "serious evidence of responsibility" implicating the remaining six. AFP has more.

[JURIST] Ethiopia's National Election Board [official website] ordered revotes in 20 of the country's 524 constituencies on Monday, after an investigation of election fraud [JURIST report ] found evidence of abuse at more than 100 polling stations. Violence and protests erupted [JURIST report] after the original election, and only recently has the government ended a ban on election protests [JURIST report]. The new votes will be held in August. Meanwhile investigations in 139 more districts are ongoing and the board has dismissed complaints in about 75 others. Reuters has more.

[JURIST] Cuba has released nine people imprisoned for taking part in government protests, but still holds 17 people arrested last week as part of a crackdown on dissent. The US has previously objected [JURIST report] to oppression of anti-government activists in Cuba. The nine released [Aljazeera report] on Saturday had been picked up by police prior to a scheduled protest demanding the release of political prisoners. The leader of the Assembly for the Promotion of Civil Society [advocacy website, English version], Martha Beatriz Roque [advocacy website profile], was among the nine released and says she will continue to protest Fidel Castro's government until all dissidents are released. Reuters has more.

[JURIST] The head of the Iraq electoral commission [official website] has said that Iraq will open voter registration on August 1 in preparation for the scheduled October 15 vote on a new Iraqi constitution [JURIST news archive], and general elections in December. Reports are that the constitution draft will be done on schedule [JURIST report] by August 15, despite a recent Sunni walkout [JURIST report] that ended today [JURIST report]. Sunnis are expected to participate more in the coming elections than in parliament elections in January, which they largely boycotted. About 16 million people will be eligible to vote. AP has more.

[JURIST] Former Iraqi dictator Saddam Hussein, facing charges of crimes against humanity, was denied permission late last week to stand trial or serve his sentence in Sweden. Swedish Justice Ministry director Ann Marie Bolin Pennegaard told AFP that the request for Saddam to await trial, stand trial or serve his sentence in Sweden [JURIST report], made by Hussein's lawyer Giovanni di Stefano [Wikipedia profile], was turned down by the Swedish government Friday. In a fax to Di Stefano, Pennegard wrote in part that there was "no possibility under present Swedish legislation . . . to let Saddam Hussein serve any possible sentence in a Swedish prison after his trial." Di Stefano had argued that the venue should be changed from Iraq to a more stable country. Hussein recently voiced criticisms [JURIST report] about the amount of time he is able to consult with his attorneys and the interactions he has with judges during interrogation sessions. AFP has more.

[JURIST] With a federal appeals court giving the green light [JURIST report] earlier this month, the US is looking to quickly restart military tribunals for declared "enemy combatants" being held at Guantanamo [JURIST news archive]. Defense Secretary Donald Rumsfeld has said that the trials will resume "as soon as possible", even though other appeals of the general issue to the US Supreme Court are a near certainty. The Pentagon has alerted the media to be prepared to cover the Guantanamo trials as soon as early September 2005 though lawyers for some Guantanamo detainees, including the attorney for Australian David Hicks [JURIST report], said they haven't been given formal notice of a resumption of the proceedings. AFP has more.

[JURIST] Jury selection began today for the competency trial of Daryl Atkins, the plaintiff in the 2002 Supreme Court case Atkins v. Virginia [PDF Duke Law backgrounder; advocacy website] that abolished the death penalty for the severely mentally retarded by a 6-3 decision [text]. Atkins has been convicted of murder and sentenced to death; the issue now is whether Atkins is disabled or not within the context of the ruling. There is no clear legal standard for determining mental retardation, and while Atkins' IQ was tested as 58 in 1998, more recently he has scored significantly higher. Atkins and another man killed Eric Nesbitt, 21, in August 1996 for money to buy alcohol. AP has more.

[JURIST] Prime Minister Tony Blair apologized on Monday for the shooting last Friday of a Brazilian man [JURIST report] mistaken for a terrorist [JURIST report], while relatives of the man are considering legal action [Financial Times report]. Brazilian citizen Jean Charles de Menezes [Wikipedia profile] was killed by police that suspected him of being another bomber. The Metropolitan Police in London also released the names and photos [official press release] on Monday of two men suspected of taking part in the failed July 21 bombings [JURIST report]. Muktar Said Ibraihim, 27, and Yasin Hassan Omar, 24 are believed to be two of the men who tried to bomb three subway cars and a bus. Also Monday, AP has more.

[JURIST] Indiana National Guard [official website] soldier Corporal Dustin Berg has pleaded guilty to negligent homicide in the fatal shooting of an Iraqi police officer. He is accused of killing Hussein Kamel Hadi Dawood Al-Dubeidi near Baghdad in December 2003 and then shooting himself. Berg, who received a Purple Heart [award criteria] for his injuries, initially said the Iraqi police officer had pointed an gun at him to prevent Berg from reporting insurgent activity before changing his story multiple times and eventually admitting to the killing. Berg was charged [JURIST report] with murder, lying about the incident, and wearing an unauthorized award. AP has more.

[JURIST] Raed Jouhi, head of the Iraqi Special Tribunal [JURIST news archive; official website], told a Saudi newspaper on Monday that the indictment against Saddam Hussein would be finished within two days, and that the trial would begin in about a month. He also said many of Saddam's former aides, facing prosecutions of their own, were cooperative in the pre-trial investigations and were willing to testify against Saddam. The first official charge [JURIST report] was filed against Saddam last Sunday. UPI has more.

[JURIST] Sunni Arabs ended their boycott of the Iraqi constitution committee [JURIST news archive] on Monday, rejoining the process after walking out last Wednesday [JURIST report] to protest the July 19 assassinations [JURIST report] of two Sunni committee members and a committee advisor in Baghdad. Their protest included demands for an international investigation into the killings, better security, and and an increased role in discussions about the constitution. It was not clear what concerns were examined, but a Sunni committee member said they had been assured their complaints would be addressed. AP has more.

[JURIST] With the US, Russia, and China announcing opposition to their plan [JURIST report], Japan and Germany have now approached smaller nations and possibly opened their pocketbooks in an attempt to win support for the so-called "G-4 Plan" for expansion [JURIST report] of the UN Security Council, according to envoys from Afghanistan and Kazakhstan. Japan allegedly offered to increase aid to Afghanistan, while German is said to have offered greater investment into Kazakh oil interests though representatives from the two countries denied any link between proposed financial dealings and the expansion proposal. A two-thirds majority of the General Assembly plus a unanimous vote from the US, UK, China, France, and Russia is required to approve any expansion plan. Bloomberg has more.

[JURIST] A Saudi court on Monday upheld the six to nine year prison sentences for three campaigners who advocated democratic reforms in Saudi Arabia. Ali Ghothami, a lawyer representing Matruk al-Faleh, Abdullah al-Hamed and Ali Dumaini, said he was told by a Riyadh judge that the court had denied all of the appeals to their May 2005 sentences. In their appeal, the men said the case against them contained numerous judicial violations and that the three-judge panel sentencing them was not impartial. They also claimed the judges allowed prosecutors to introduce evidence unrelated to the initial charges. After one public court session in August 2004 [JURIST report], the remaining sessions were held behind closed doors [JURIST report], against the wishes of the three men. Supporters of the reformists say the case highlights the limits of the Saudi Arabia's modest reform program. Reuters has more.

[JURIST] Opposition lawmakers in the Philippines filed an impeachment complaint Monday against President Gloria Macapagal Arroyo [official website], accusing her of election fraud and other allegations. The impeachment does not come as a surprise [JURIST report] after 50 opposition lawmakers last week expressed support for an impeachment [JURIST report]. The filing against Arroyo claims she "stole, cheated and lied" in her rise to and retention of power. Arroyo's closest aides have moved to block the complaint on a legal technicality, as opposition lawmakers close in on the minimum 79 signatories required to file the complaint. A summary of the complaint accuses Arroyo of 10 major crimes including vote rigging [JURIST report] and corruption. AP has more.