[JURIST] Furious at a rising tide of lawlessness in the aftermath of Hurricane Katrina, New Orleans Mayor Ray Nagin Wednesday evening reassigned 1,500 New Orleans police from search-and-rescue missions to halt widespread looting [JURIST report] in the battered and flooded city. Declaring "martial law" in a dramatic invocation of his civic emergency powers, he directed officers to do "whatever it takes" to restore order, saying they could stop looters without regard to their civil rights and Miranda rights. CBS New Orleans affiliate WWL-TV has more. Earlier Wednesday, a Louisiana Office of Homeland Security and Emergency Preparedness spokesman said that contrary to earlier local reports and some statements by officials [JURIST report], martial law - technically, emergency government by military authority - was not in effect anywhere in the state [Bloomberg report]. The Louisiana Attorney General's office insisted late Tuesday that martial law is not recognized in Louisiana state law [JURIST report], although state statutes and declarations of emergency give civic officials - the governor, heads of parishes and mayors - broad powers to restore order after disasters.

In another law-related development Wednesday, Louisiana Corrections Secretary Richard Stalder dismissed reports circulating late Tuesday that there had been attempted escapes and hostage takings associated with the transfer of some 7,600 prisoners from jails in the New Orleans area. In a briefing, he told jouranalists "We cannot find any credible intelligence that the kinds of things that had been reported have happened." WWL-TV has more.

10:30 PM ET - A spokesman for Louisiana governor Kathleen Blanco said in a briefing late Wednesday that military police, Louisiana state troopers and police from other states were being deployed to New Orleans, and that pursuant to a request by the Governor federal troops would be assigned to search-and-rescue to free Louisiana National Guard personnel for law enforcement in the city.

[JURIST] UN Secretary General Kofi Annan [official profile; JURIST news archive] has cut short a vacation and returned to New York in an attempt to break an impasse reached by negotiators discussing an overhaul of the UN and a related series of intrenational initiatives. A 33-member panel has been negotiating a set of reforms [JURIST report] for consideration at a Sept. 14-16 summit [official website], but the group has remained deadlocked over a number of contentious issues, including terrorism, disarmament and development. The September summit is also set to review the Millenium Development Goals [official website], although the US and some others have lobbied against including some goals during the reform negotiations. Annan called for the inclusion [UN news release] of the development goals at the summit. Annan also emphasized the need for UN management reform after the oil-for-food scandal [JURIST news archive] that has embroiled the UN for the past year. A report by the independent panel [IIC official website] investigating the scandal is slated for release only days before the summit gets under way. AFP has more.

[JURIST] The American Civil Liberties Union [official website] argued Wednesday that a federal judge should lift a gag order on a library from which the FBI has demanded circulation records under the USA Patriot Act [PDF text; JURIST news archive]. Prosecutors in the case said lifting the gag order would release the library's identity and jeopardize an ongoing investigation. The ACLU and the library challenged the government's use of the Act to subpoena records [JURIST report] in a suit [PDF complaint] filed last week, but the judge in the case placed the parties under a gag order. The ACLU argued Wednesday that the gag order prevented its client from entering debate about the USA PATRIOT Act, as Congress considers whether to reauthorize the Act [JURIST report]. Federal District Judge Janet Hall said she would not rule on the motion until next week. AP has more. The ACLU has issued a press release on the litigation.

[JURIST] The US Environmental Protection Agency Wednesday temporarily waived certain regulatory fuel standards [text] required under the Clean Air Act [text] in an attempt to head off any shortages and rising prices [AP report] caused by Hurricane Katrina. EPA Administrator Stephen Johnson [official profile] initially waived the standards for four states directly impacted by the hurricane, but then extended it to the entire country. The waiver covers standards for volatility and sulfur, which limit air pollution caused by fuel evaporation and emissions. Johnson said relaxing the standards was necessary to ensure that fuel remained available throughout the country, particular for relief and rescue efforts in the areas affected by Katrina. The EPA has more [news release].

[JURIST] EU diplomats said Wednesday that the European Union may hold off on calls for sanctions against Iran [JURIST news archive; IAEA issue backgrounder] if the country is referred to the UN over its continued nuclear activity. The UN has set a deadline for Saturday by which Iran must halt its atomic fuel production, but Iran has given no indications that it will comply with the demands. European powers Britain, France and Germany suffered a setback in diplomatic negotiations earlier in August when Iran resumed uranium enrichment [JURIST report], prompting the EU to threaten a harder stance at future International Atomic Energy Agency [official website] and UN meetings. EU nations have previously favored diplomacy, while the US has supported UN action [JURIST report] against Iran. The IAEA Board of Governors can refer Iran directly to the UN Security Council [official website]. Iran has maintained that it has a right under the Nuclear Non-Proliferation Treaty [PDF text] to produce nuclear fuel for civilian uses. AFP has more.

[JURIST] A California state prison inmate who led a radical Islamist group and three others were indicted Wednesday [DOJ press release; AG Gonzales' remarks] on charges that they were plotting terror attacks on several sites in Los Angeles. The indictment [PDF text] charges Levar Haley Washington, Gregory Vernon Patterson, Hammad Riaz Samana and Kevin James with conspiring to wage war against the US government and to attack National Guard facilities and the Israeli Consulate. Prosecutors allege that James, a state prison inmate, founded the radical Islamist prison group Jamiyyat Ul-Islam Is-Saheeh [Los Angeles Times report] and recruited the three others to carry out plans by the organization. Washington and Patterson were both arrested in July after allegedly robbing a series of gas stations to finance their activities. Investigators found evidence of the plot in searching the apartment of Washington following his arrest. The case has raised questions [AP report] about the religious practices of prison inmates, who the FBI has said may be more susceptible to radical ideologies. AP has more.

[JURIST] A high-level Food and Drug Administration [official website] official resigned Wednesday to protest the agency's delay in deciding whether to approve emergency contraception pills for over-the-counter sale. Susan Wood, director of the FDA Office of Women's Health [official website], announced her resignation and reasoning in an e-mail to colleagues at the FDA, which was subsequently leaked. The agency on Friday postponed a decision [FDA news release] on whether to allow the Plan B [official website] pill to be sold without a prescription to women over age 16, despite advice by agency scientists that the pill was safe for adult women. Wood's e-mail said the recent agency delay contradicted recommendations by agency scientists and her commitment to improving women's health. The manufacturer of Plan B has sought approval for over-the-counter sales of the pill for the past two years, but it has encountered stiff opposition from those who consider the pill equivalent to abortion and question its safety. Plan B remains available with a doctor's prescription. The recent delay caught many by surprise after FDA Commissioner Lester Crawford [official profile] promised senators during his confirmation hearing [JURIST report] that he would issue a final decision by Sept. 1. AP has more.

[JURIST] Attorneys general from California, New Mexico and Oregon have challenged a decision by the US Forest Service [official website] to allow road building and other development on more than 58.5 million acres of national forest previously protected. California Attorney General Bill Lockyer [official website] said allowing construction of roads on the lands would pave the way for mining and other resource extraction from the forests, which have remained undeveloped up to this point. The Forest Service decision reversed the "roadless rule" adopted by President Bill Clinton in the final days of his presidency, but which had been struck down by a Wyoming federal judge in 2003. The Forest Service instead adopted a policy [JURIST report] that required states to determine jointly with the Forest Service how forests should be managed. State governors were granted an 18-month window to petition for protection or opening of individual forests. Read the final rule [text] issued by the Forest Service. Lockyer's office has a news release on the suit. AP has more.

[JURIST] A Texas law requiring doctors to get parental consent [JURIST report] for minors seeking abortions will take effect Thursday [KXAN Austin report] even though the Texas State Board of Medical Examiners [official website] hasn't finalized the specifics of how doctors should comply with it. The Texas Parental Consent Act [text] is one of many abortion laws that have been passed by state legislatures this term - indeed, the number of state laws restricting access to abortion is at its highest since 1999, when bans on late-term abortions took effect in several states. Several other states have also enacted parental consent requirements and three states have mandated abortion-providers to inform women that the fetus will feel pain during the procedure, despite inconclusive medical evidence and differing expert opinions on the matter. Anti-abortion activists have said they are also pushing lower courts to ban abortions in order to pressure the US Supreme Court [official website] to consider overruling the landmark 1973 Roe v. Wade [opinion] decision. For example, South Dakota has developed a controversial "trigger" law that will immediately make abortions illegal in the state in the event that Roe v. Wade is overturned. The Washington Post has more.

[JURIST] Lebanon [JURIST news archive] on Wednesday released a former lawmaker questioned in the investigation into the killing of former Prime Minister Rafik Hariri [Wikipedia profile]. Nasser Qandil, a pro-Syrian legislator, refused to comment on what he told investigators after he turned himself in [Arabic News report] Tuesday to the UN commission [JURIST report] investigating the killing after a warrant was issued for his arrest. Four other pro-Syrian security officials remained in custody after being arrested [JURIST report] Tuesday. Lebanese President Emil Lahoud played down the arrests [Arabic News report] and said that no arrest warrants had been issued, a statement that contradicted media reports on the arrests. Media sources owned by the Hariri family reported that Qandil and the other four were questioned concerning a letter Qandil allegedly sent to Syria in support of assassinating Hariri. Investigators also searched two Beirut apartments Wednesday, in the latest of a series of breaks in the investigation into the February bombing that killed the former premier. AP has more.

[JURIST] Officials struggled Wednesday to control looting in New Orleans in the wake of Hurricane Katrina as tiring law enforcement officers and National Guardsmen undertook more rescue and relief efforts. Widespread looting throughout the city has been reported, with crowds of people stealing food, clothing and other supplies in demand. Terry Ebbert, homeland security chief for New Orleans, said gangs of armed men had broken into stores around the city and taken guns. Police officers stranded on a hotel roof were even fired on by a group of criminals, Ebbert said. Officials seeking under emergency powers [JURIST report] to commandeer materials to aid in rescue efforts were at times competing with looters for supplies. Louisiana Gov. Kathleen Blanco [official website] has sought additional rescue personnel so that state and local security forces can bring the situation under control. Meanwhile in Washington Assistant US Defense Secretary Paul McHale said Wednesday that the National Guard was ready to assist local civilian authorities in law enforcement across the Gulf Coast at the request of state governors, a procedure which circumvents restrictions on direct domestic law enforcement by the military [JURIST report] under the 1878 Posse Comitatus Act [text; Wikipedia backgrounder]. He said the President also could use active duty troops to restore order if necessary, but that step was unlikely. The new US Northern Command (NORTHCOM) [official website] established after the September 11 terror attacks is co-ordinating the deployment of military assets [US DOD report]. From New Orleans, the Times-Picayune has a late report on the looting situation and provides continuing local coverage of the emergency. AP has more.

[JURIST] US Secretary of Defense Donald Rumsfeld [official profile; JURIST news archive] on Wednesday approved changes to procedures for military commissions [DOD materials] used for trying certain detainees held at Guantanamo Bay [JURIST news archive]. The changes to Military Commission Order No. 1 [PDF text] primarily increase the role played by the presiding officer, while reducing that of other panel members on the commissions. Presiding officers on commissions are now responsible for deciding issues of law in proceedings, while panel members make determinations on factual issues and sentencing. The reforms also clarify procedures on the presence of those being tried at proceedings and access of the accused to classified information used by prosecutors. The Defense Department has a complete list of changes [PDF text] approved by Rumsfeld. The Defense Department has more [DOD news release].

[JURIST] Indonesia released over 1,400 Achenese rebel inmates Wednesday, granting them blanket amnesty in accordance with a decree signed by Indonesian President Susilo Bambang Yudhoyono Tuesday night. The newly freed prisoners have agreed to honor their monumental peace accord [PDF text; JURIST report] with the Indonesian government, which allowed the rebels to form a local political party in exchange for discontinuing their demand for independence and provided for the creation of a human rights tribunal [JURIST report]. The next major step in the peace process designed to end three decades of violence will come in mid-September when rebels remaining in Aceh jungles are expected to begin turning in their weapons. Wednesday's Los Angeles Times has more. The Jakarta Post has local coverage.

[JURIST] US District Court Judge Denise Cote has ruled that a suit filed by the First Presbyterian Church of Sudan against Canadian oil and gas producer Talisman Energy [corporate website] should continue, despite US and Canadian government attempts to have the case dismissed. The church filed suit [PDF complaint] under the Alien Tort Claims Act [text; NPR audio commentary], providing US district courts with original jurisdiction over certain tort claims filed by aliens, claiming Talisman collaborated with the Sudanese government to commit gross human rights violations against the non-Muslim, African Sudanese population. The suit alleges that the violations, including extrajudicial killing, forcible displacement, war crimes, kidnapping and rape, amounted to genocide. The crimes allegedly took place when Talisman worked with the Sudanese government to secure oil fields. Cote's decision not to dismiss the lawsuit came despite a letter from the Canadian Embassy describing the case as "an infringement in the conduct of foreign relations by the government of Canada." The US State Department also sent a letter sharing these concerns, but didn't take a position on the merits of the case. According to Judge Cote, "Even giving substantial deference to the Canada letter, Talisman has not shown that dismissal of this action is appropriate" and "the United States and the international community retain a compelling interest in the application of the international law proscribing atrocities such as genocide and crimes against humanity." AP has more.

[JURIST] The Chinese government signed a Memorandum of Understanding [UN News report] Wednesday agreeing to collaborate with the UN's human rights agency to reform the Chinese legal system in preparation for the adoption of a key UN treaty on civil and political rights. The agreement to revise China's Criminal Procedure Law, its lawyers' law, and other related laws and regulations was signed by Chinese diplomats and United Nations High Commissioner for Human Rights (UNHCHR) [official website] Louise Arbour and is a major development towards Beijing accepting the International Covenant on Civil and Political Rights [text], although there is no set date for ratification of the document. The UNHCHR agreed to assist China in reforming it's legal system, to help implement recommendations for economic, social, and cultural rights, and to help establish a program that would teach human rights in schools. AP has more. Read the UNHCHR press release.

[JURIST] Jailed Russian oil tycoon Mikhail Khodorkovsky [JURIST news archive, defense website], who is serving a nine-year prison sentence on fraud charges, officially announced his intention Wednesday to run for a Russian parliamentary seat [JURIST report]. The election for Khodorkovsky's intended district in the State Duma [official website, in Russian], the lower house of the Russian parliament, will be held in December. The Central Election Commission [official website] has said that Khodorkovsky is eligible to run [RIA Novosti report], as his case is still under appeal. AP has more. MosNews has local coverage.

[JURIST] The Cambodian Supreme Court on Wednesday rejected the appeal of a reporter found guilty of defaming Cambodia's foreign minister by suggesting he was involved in prisoners' deaths during the brutal Khmer Rouge [Wikipedia backgrounder] reign. Kay Kimsong and two American reporters working for the Cambodian Daily [media website] were sued over two 2001 articles that accused Foreign Minister Hor Namhong of being actively involved in the oversight of a Phnom Penh prison camp, where, the articles alleged, prisoners were tortured and executed. The Supreme Court upheld the $7,500 fine given Kimsong, rejecting his arguments that he had not received a fair trial and was treated differently from his American colleagues. AP has more.

[JURIST] The ongoing battle against changes to rules that regulate US power plants continued Wednesday, after the Natural Resources Defense Council [advocacy website] made public draft EPA regulations it insists will lead to dirtier power plants. The proposed standards would allow modernized power plants to operate longer hours, thus increasing the plants' allowed daily emissions. The Environmental Protection Agency [official website] has estimated that longer hours would allow certain plants to generate as much as 100,000 tons of pollutants a year under current New Source Review rules (NSR) [EPA materials]. The proposed regulations could also undermine the efforts of several states, including Connecticut, Delaware, Maine, Massachusetts, New Hampshire, New Jersey, New York, Rhode Island and Vermont, to control carbon dioxide emissions from more than 600 power plants [NRDC news report] by basing decisions on whether modernized plants comply with the regulations on how much pollution it could potentially emit per hour, rather than the current standard of how much it pollutes annually. An EPA spokeswoman said that the current power plant rule is no longer necessary because the Clean Air Interstate Rule [EPA materials] achieves greater pollution reduction than the NSR modernization guidelines. Wednesday's Washington Post has more.

Previously in JURIST's Paper Chase...

• Appeals court sides with EPA on relaxed anti-pollution plant upgrades
• EPA inspector general says rules change will harm pollution reduction efforts
• EPA will reconsider its rules for plant upgrades
• States seek court order to block new EPA pollution regulations
• EPA to proceed with lawsuits against power plants

[JURIST] The Egyptian Organization for Human Rights (EOHR) [advocacy website], Egypt's leading non-governmental rights group, has said that it does not believe the upcoming presidential elections will be fair due to the lack of neutral election monitors. EOHR and other rights groups are concerned about the composition of the election oversight committee, the committee's decision to bar access to the polling station for independent observers, and the refusal of international supervision [JURIST report]. President Hosni Mubarak [Wikipedia profile] is largely expected to win the elections, which are the first multi-candidate elections [JURIST report] in Egypt's history. Despite the election committee's rules, EOHR has trained nearly 600 election monitors [EOHR press release] and plans to train more to monitor outside the polling stations and to catch possible abuses there. Reuters has more. Egypt Guide has local coverage.

[JURIST] Human rights group Amnesty International [advocacy website] reported Tuesday that two men who were formerly held at the Guantanamo Bay prison camp [JURIST news archive] have been detained in Russia [Amnesty International press release] by men claiming to be security force officials. Airat Vakhitov and Rustam Akhmyarov were released from Guantanamo Bay last year with five other Russian men and returned to their home country. Moscow police and prosecutors in Tartarstan, Russia said they have not received information on the reason for the men's detention, while Geidar Dzhemal, head of Russia's Islamic Committee, said that prosecutors have reportedly confirmed that the men are being held for their suspected involvement in several terrorist attacks. Amnesty International spokesperson Victoria Webb said that the group was "extremely concerned" about the men's whereabouts, and urged Russian authorities to conduct a full investigation. AP has more.

[JURIST] A US military tribunal in Iraq has ruled that a Reuters cameraman being held without charge in Abu Ghraib prison [JURIST news archive] will be detained for another six months while the US reviews its case against him. Iraqi Ali Omar Abrahem al-Mashhadani was arrested on August 8 and will not be allowed to see a lawyer, family, or anyone else for the first sixty days of his detention. A second Reuters cameraman, Haider Kadhem, was arrested after being wounded in a shooting that killed a colleague. Kadhem was released Wednesday [Reuters report], although the military says the investigation is ongoing. Reuters has demanded the release [AP report] of both men, and is currently seeking details of the accusations against them. Two media rights groups last week called for the release of the journalists [JURIST report]. The Guardian has more.

[JURIST] Attorneys from the American Civil Liberties Union [advocacy website] are expected to file suit in federal court Wednesday, demanding the release of Numan Adnan Al Kaby, an Iraqi-born permanent US resident arrested and held in Baghdad since April 2005. Al Kaby was arrested in Baghdad after the US military camp where he worked as a contractor was hit by a mortar attack. A military tribunal later found that Al Kaby had nothing to do with the attack, and his attorneys argue that his continued detention without charge violates his right to due process. The story is similar to the plight of Cyrus Kar, an American filmmaker released in July [JURIST report] after being detained by US forces in Iraq for 54 days [JURIST report]. The Washington Post has more.

[JURIST] A US federal court has frozen the Palestinian Authority's access to assets held in the US after it failed to pay $116 in damages for the 1996 shooting deaths of an American citizen and his Israeli wife. After the deaths of Yaron and Efrat Ungar, a five-year legal battle ensued against the Palestinian Liberation Organization [UN backgrounder] and the Palestinian Authority [official website] which resulted in a judgment against the two groups [JURIST report] last year. The defendants are still able to withdraw monies from certain accounts in order to cover daily operation expenses in their New York and Washington offices. US State Department [official website] spokesman Sean McCormack said the department does not believe any of the assets have yet been seized [press briefing transcript], while lawyers for the Ungar estate insist the funds are already inaccessible. Aljazeera has more. The Boston Globe has local coverage.

[JURIST] After hearing oral arguments Tuesday, US District Judge Alvin K. Hellerstein [Wikipedia profile] expressed hesitation over ordering the release of 97 Department of Defense [official website] photos and videotapes depicting the abuse of prisoners held by US forces at Iraq's Abu Ghraib prison [JURIST news archive]. The request is part of a 2003 ACLU lawsuit [press release] in which the organization contends that release of the material is part of "our democratic idea of public accountability." US General Richard Myers [Wikipedia profile] and other US officials have warned the court [Myers affidavit, PDF] that the material will fuel insurgents and will spawn increased al Qaeda recruitment. AP has more.

[JURIST] The Supreme Court of Nicaragua [official website] has ruled that former Nicaraguan President Arnoldo Aleman [Wikipedia profile], who was sentenced to 20 years in prison [BBC report] in 2003, can leave his home and move freely around Managua, Nicaragua's capital. Aleman was convicted on multiple charges, including money laundering, fraud, embezzlement and electoral crimes, during his 1997-2002 presidency, making him the first Nicaraguan ex-president to be convicted of a crime. Aleman's 20-year sentence has been altered once before due to ongoing health concerns; last year Aleman was allowed to leave his jail cell to serve his sentence at his plantation outside the capital city. The Supreme Court Tuesday upheld a lower court ruling that Aleman should be free to move around Managua based on his chronic health care needs. Current President Enrique Bolanos, who himself faces election fraud charges, said that the change in Aleman's sentence was engineered by Aleman's allies on the court. Reuters has more.

[JURIST] AP is reporting that Philippine legislators have quashed the impeachment case against Philippine President Gloria Macapagal Arroyo [official website; Wikipedia backgrounder]. With opposition members boycotting, the House Committee on Justice [official website] voted to quash all impeachment complaints against Arroyo, who has been accused of rigging last year's election. AP has more.

Previously in JURIST's Paper Chase...

• Arroyo impeachment hearings on verge of collapse
• Arroyo denies witness claim of bribery, threatens lawsuit
• Opposition lawmakers file impeachment complaint against Arroyo
• At least 50 Filipino lawmakers support Arroyo impeachment
• Opposition announces plans for criminal charges ahead of impeachment for Arroyo
• Philippines president "welcomes" impeachment motion to clear vote fraud

[JURIST] Federal Bureau of Investigation [official website] agents have been ordered to conduct "threat assessments" of prison inmates in order to determine whether they could commit extremist violence when released, according to a letter obtained by AP. Randy D. Parsons, acting assistant chief of the FBI's Los Angeles office, wrote that the goal behind the new policy is to "assess and disrupt the recruitment and conversion of inmates to radicalized ideologies which advocate violence." In testimony [text; JURIST report] before the US Senate Committee on Intelligence in February, FBI Director Robert Mueller [official profile] said that

the FBI has been involved in a coordinated effort between law enforcement and corrections personnel to combat the recruitment and radicalization of prison inmates. Prisons continue to be fertile ground for extremists who exploit both a prisoner's conversion to Islam while still in prison, as well as their socio-economic status and placement in the community upon their release.