[JURIST] US District Court Judge Janet Hall Friday agreed with the American Civil Liberties Union [advocacy website] that a gag order shielding the identity of librarians [JURIST report] who had received an FBI demand for records about library patrons under the Patriot Act prevented their library client from participating in the public Patriot Act [JURIST news archive; JURIST document] debate. The unnamed library and the ACLU sued [complaint; JURIST report ] the federal government in August over the Patriot Act subpoena that led to the gag order. The lifting of the order has been stayed until September 20, giving the government a chance to appeal. The court was not persuaded by the government's argument that revealing the librarians' identity, and hence that of the ACLU's client, could provide "tip offs" to suspects and potentially jeopardize a terrorism investigation. AP has more.

[JURIST] Fresh from talks this week with other justice and interior ministers of the European Union [official website], British Home Secretary Charles Clarke [official profile] said Friday that Britain, currently holding the EU presidency, wants the EU to implement a new set of anti-terror measures before the end of the year. He said an agreement must be made among EU member states to force telecommunications companies to retain phone and e-mail records and adopt other security enhancements including tightened airport security, greater sharing of intelligence and the upgrading of passports and identity cards. Although the July London bombings have given new impetus to negotiations, the EU has been slow to implement [JURIST report] new anti-terror rules, with the European Parliament [official website] demanding input into the proposed legislation, threatening legal action and claiming that the existing proposals would be a violation of citizens' rights to privacy. Britain also has opposition from other member states, and Luxembourg Justice Minister Luc Frieden [official profile] has said that reaching accord by the end of the year was "unrealistic" given splits on telecom data retention. Clarke has said that if EU governments and the EU parliament cannot reach accord, EU member states will take matters into their own hands. AP has more.

[JURIST] New Orleans city attorney Sherry Landry said Friday that the city is now "fully secured" following the devastation caused by Hurricane Katrina [JURIST news archive] and the disorder that broke out afterwards. She told a news conference that "Fourteen thousand troops are in Orleans Parish. At present they are actively patrolling all areas of the city and running nightly reconnaissance to prevent further looting." Reuters has more. Landry also said that the city was not yet forcing removal [JURIST document] of holdout residents, despite earlier statements by New Orleans Police Chief Eddie Compass suggesting that the police Friday would start using "minimum force" [JURIST report]. "We are not conducting forced evacuations," Landry told reporters. "We're not going to use force right now. It's a safety issue for them and a safety issue for us." Fox News has more.

[JURIST] Pharmaceutical company Merck. [corporate website] said Friday that it has no plans to make a comprehensive deal to settle the thousands of cases against the company concerning side effects of its arthritis drug Vioxx [Merck consumer website; JURIST news archive]. The drug was withdrawn [Merck announcement] from the market last year, after a study [Lancet article] found the drug to increase the risk of heart attack and stroke, leading to an investigation [JURIST report] by the US Department of Justice and the Securities and Exchange Commisison. Merck said it will defend each one of the pending lawsuits [JURIST report] one at a time, and that it had no plan to “enter into any kind of global settlement.” The next Vioxx trial is scheduled to commence in New Jersey on Monday on the basis of a complaint brought by a 60-year old Vietnam War veteran who charges that Vioxx caused his 2001 heart attack. Reuters has more.

[JURIST] An Australian lawyers group is describing new anti-terrorism legislation [JURIST report] proposed by Australian Prime Minister John Howard [official profile] as "draconian" and has called on regional governments to reject it. The Law Society of New South Wales [profession website] said Friday that the proposal threatened civil rights and Howard had failed to justify the expansion of police powers included in the legislation. The group called on New South Wales Premier Morris Iemma [official profile] to oppose the federal government plan. After initially rejecting the inclusion of sunset provisions [Sydney Morning Herald report] in the proposal, Howard appeared to take a step back Friday and leave open the possibility. Read the Law Society of New South Wales news release. The Australian has more.

[JURIST] A Mississippi judge on Friday ordered Edgar Ray Killen [JURIST news archive] to return to prison while he appeals his conviction for the 1964 killings of three civil rights workers. Circuit Judge Marcus Gordon revoked Killen's bail [JURIST report] during the appeal after District Attorney Mark Duncan presented evidence that Killen misrepresented his health condition. Defense lawyers for Killen, 80, have maintained that he is confined to a wheelchair due to an earlier logging accident, but a deputy sheriff reported seeing Killen walking around last week. Mississippi Attorney General Jim Hood had previously sought to have Killen's bail revoked based on reported death threats [JURIST report] made by Killen's brother prior to trial. Killen, a former Klansman, was sentenced to three 20-year terms after being convicted of the killings [JURIST report] in June. AP has more.

[JURIST] The draft Iraqi constitution [JURIST news archive] is expected to receive final approval by the constitutional drafting committee [JURIST report] in coming days after the committee agreed Thursday to changes that appeared to ease tensions over the text. Abbas al-Bayati, a Shiite member of the drafting committee, said Friday that negotiators had agreed to an amendment affirming that Iraq is an active member of the Arab League, a concern of Sunni lawmakers [JURIST report] threatening to oppose the document. Al-Bayati said no further changes were planned for the constitution, and a vote on the charter is expected to be held when the National Assembly opens its next session on Sunday. UN officials have been awaiting a final draft [JURIST report] for printing and distribution ahead of a planned Oct. 15 referendum. Reuters has more.

[JURIST] Egyptian President Hosni Mubarak [official profile; Wikipedia profile] was re-elected to another six-year term in a landslide victory announced Friday following Wednesday's multi-candidate presidential vote, the first held in Egypt [JURIST news archive]. The Presidential Election Commission [BBC backgrounder] announced the widely expected result of the 10 candidate race. Turnout was low with only 23 percent of voters going to the polls, while reports were widespread of irregularities, often attributed to Mubarak's National Democratic Party. On Thursday, the election commission rejected a re-run request [JURIST report] by leading opposition candidate Ayman Nour [Wikipedia profile], who tallied just 7.5 percent of the vote compared to Mubarak's 88.6 percent. The election has been criticized by rights groups, with Mubarak's campaign accused of violations [JURIST report] and outside poll monitors barred [JURIST report] by an Egyptian court. BBC News has more.

[JURIST] Irish voters remain undecided about the proposed European Constitution [text; JURIST news archive] despite plans to hold an Irish referendum on the document, according to a report issued Friday by the European Commission Representation in Ireland [official website]. The report [PDF text] showed that 50 percent of those surveyed had no opinion on the text, while 37 percent said they supported it. Only 15 percent of Irish knew about the constitution's contents, while 62 percent knew of the document but did not know what it contained. Commentators expressed some concern that Irish, who have traditionally participated in EU referendums, indicated that only one-third planned to vote in the referendum. The future of the constitution appears in doubt after France and the Netherlands [JURIST reports] both rejected the charter in votes earlier this year. The EU Commission in Ireland has a news release on the study. AFP has more.

[JURIST] Faced with a daunting task of recovery after Hurricane Katrina [JURIST news archive], groups from the Gulf region have sought money from Congress, but they have also sought relief from myriad federal laws that could potentially hinder efforts to rebuild the region. Members of Congress have begun efforts to draw up a plan for recovery, but legal restrictions such as welfare laws and limits on volunteers helping in the area oftentimes stand in the way. Regulations created by federal agencies don't require congressional action to be modified, as the Department of Transportation and National Cancer Institute [Katrina relief effort summaries] have already acted to alter their regulations. Congress faces a longer process, however, and numerous groups are lobbying their ideas for relief. Federal lawmakers have already taken action on several issues, providing emergency funding [Pittsburgh Post-Gazette report] and allowing federal courts to relocate [JURIST report] in the region, but other issues like Medicaid could grow contentious as time passes. Reuters has more.

[JURIST] ICTY Chief Prosecutor Carla del Ponte [official profile] has said that the handover of a top fugitive may not be necessary for a positive recommendation needed by Croatia to begin its bid for EU membership. The International Criminal Tribunal for the former Yugoslavia [official website; JURIST news archive] prosecutor has previously called for the EU to pressure Croatia and Serbia [JURIST report] to do more to apprehend indicted war crimes suspects still at large in the region. Former Croatian General Ante Gotovina [ICTY case information sheet], accused of murdering Serb civilians in 1995 during efforts to expel Serb forces from Krajina, remains at large. Del Ponte has suggested in comments to the press that it may not be necessary for Croatia to hand over the general for it to obtain a positive review from her, but she stressed that full cooperation was needed from Zagreb, such as an indication as to Gotovina's whereabouts. EUobserver has more.

[JURIST] AP is reporting that US Homeland Security Secretary Michael Chertoff is relieving FEMA Director Michael Brown [official profile] of his role in managing the federal government's Hurricane Katrina [JURIST news archive] relief efforts. Brown will reportedly be replaced by Coast Guard Vice Adm. Thad W. Allen [official profile]. The slow federal response to the disaster has prompted much criticism, leading rights groups to condemn the government's failure to protect victims [JURIST report] and prompting lawmakers to consider relaxing the Posse Comitatus Act [JURIST report], which prohibits federal soldiers or other troops under federal control from operating in a law enforcement capacity on US soil. AP has more.

[JURIST] Emergency legislation allowing federal courts in New Orleans to relocate operations in the wake of Hurricane Katrina [JURIST news archive] was signed by President Bush Thursday. Faced with a halt in judicial work [JURIST report] at courthouses in the devastated city, the House and Senate hurriedly approved HR 3650 [bill summary], which amends geographic restrictions [Speedy Trial Act of 1974 text] on where federal courts can conduct business, allowing them to operate outside their district boundaries in emergencies. Judges and employees from the US District Court for the Eastern District of Louisiana [official website] are expected to relocate to Baton Rouge, Lafayette and Houma. Bankruptcy court personnel are expected to relocate to Baton Rouge, where they will share space with the bankruptcy court there. The US Court of Appeals for the Fifth Circuit [official website], which covers Louisiana, Texas and Mississippi, is already operating [JURIST report] from offices in Houston. Filing deadlines for all the courts have been extended, with specific information available on the court websites. The Administrative Office of the US Courts [official website] has more.

[JURIST] Hundreds of human rights supporters protested Thursday in European and North American cities over a proposal in the Canadian province of Ontario to set up special courts applying Islamic law on family issues. An Ontario government report [PDF text] discussed the possibility of creating voluntary courts applying Sharia [Wikipedia backgrounder; CBC FAQ], a strict Islamic personal law, for the Muslim community in the province. Rights protesters, including the International Campaign against Shari'a Court in Canada [advocacy website], have expressed concern that the tribunals would not be truly voluntary and could result in violations of rights of Canadian women. Groups have also voiced concern that a decision by Ontario Premier Dalton McGuinty [official profile] to allow such courts would set a precedent for other countries. The Canadian Council of Muslim Women [advocacy website] and other supporters of the proposal maintain that it is voluntary and offers a choice for an increasing Muslim population in Canada. In June Iranian human rights lawyer Shirin Ebadi [Wikipedia profile] has spoken out against [JURIST report] the prospect of establishing the tribunals in Canada. From the UK, the Independent has more. CBC News has local coverage.

[JURIST] Eight Russians previously held at Guantanamo Bay [JURIST news archive] are planning to sue the US for illegally detaining them, a Russian radio station reported Thursday. Among the eight, Airat Vakhitov has been the most vocal, working with rights activists in Moscow, writing a book on his experience at Guantanamo, and filing a previous lawsuit [JURIST report] himself against the US. Vakhitov and another of the former detainees involved in the lawsuit were arrested [JURIST report] by Russian authorities last month and held on suspicion of terrorist activity. The two were released [JURIST report] several days later, but still face possible charges. All eight involved in the potential suit were captured by US forces in Afghanistan in 2002 and were held at Guantanamo until 2004. Mosnews has more.

[JURIST] A military jury acquitted US Army Sgt. Darin Broady Thursday of charges of alleged abuse, making Broady the second reservist cleared [JURIST report] in the death of an Afghan detainee [Wikipedia backgrounder] in 2002 at Bagram Air Base. Broady faced charges of aggravated assault, maltreatment and making false statements. Sgt. Keri Patterson, who witnessed the alleged events and testified in the earlier trial of Sgt. Christopher Greatorex, offered testimony again in Broady's trial. Patterson said she remembered Broady kicking a detainee known as Habibullah while he was chained, but Greatorex testified that Broady never struck the detainee. Habibullah died several days after being detained, with medical examiners declaring the death due to blood clots in his legs caused by abuse. No one has been convicted of charges stemming from the death, although nine were charged and several pleaded guilty [JURIST report]. AP has more.

[JURIST] Leading Friday's states brief, former Miami Herald [newspaper website] columnist Jim DeFede will not be prosecuted for secretly taping phone conversations with Miami city commissioner Arthur T. Teele Jr. [Wikipedia backgrounder] just before Teele killed himself. Assistant State Attorney Joseph Centorino said Friday that the actions could have been a violation of state law, but "it is a crime without a victim or complainant." Florida law requires that all parties to a telephone call agree to be taped. The Miami Herald executive director, who fired DeFede [Miami Herald report], said that he will not rehire DeFede despite an on-line petition urging his reinstatement. AP has more.

In other state legal news ...

• The Florida Supreme Court has ruled that ex-convicts can be held in custody while the state appeals judges' decisions not to detain the ex-convicts under the Jimmy Ryce Act. The court gave justices some discretion, however, to release ex-convicts under the appeals if the state causes needless delays or fails to scrupulously abide by the law in other ways. The Ryce Act [text] allows the state to hold violent sex offenders indefinitely after their sentences are complete for the public's protection and treatment if a court first finds that they are likely to repeat such crimes due to mental or personality disorders. AP has more.
  
  
• An Ohio appeals court has ruled [PDF] text that Jennifer Rice, a woman who sold her eggs, has parental rights to the resulting triplets. The ruling contradicts a Pennsylvania court ruling earlier this year which gave primary custody to the surrogate mother, Danielle Bimber, and weekend visitation to the father, James Flynn. Bimber, who resides in Pennsylvania, signed a contract through an Indiana surrogacy agency that matched her with Flynn, an Ohio resident. Embryos of Flynn's sperm and Rice's eggs where then implanted in Bimber, who took the triplets home, alleging Flynn and his finance did not name the children or visit them in the hospital for six days. Other lawsuits involving the triplets continue in Ohio, Indiana and Pennsylvania. AP has more.

[JURIST] California Governor Arnold Schwarzenegger [official profile] promised to veto a bill [PDF text; legislative materials] approved by the state senate on Thursday that would create a driver's license for illegal immigrants in the state. California originally stopped issuing such licenses 12 years ago, but in 2003 former Governor Gray Davis signed a law to revive the program. That law was repealed before it could take effect, and Schwarzenegger vetoed a license bill passed in 2004. The Real ID Act [PDF text; Wikipedia backgrounder], signed in May by President Bush, allows states to issue such licenses, but only if they are distinctly different from normal licenses. Opponents of the bill say the state should not reward illegal behavior, while supporters say illegal immigrants will continue to drive and should at least be tested and licensed. The proposed licenses would not be valid for any purpose other than driving. But even those in favor of the bill admit any such scheme would have to be put on hold while the federal government finalizes requirements for Real ID compliance. The Los Angeles Times has more.

[JURIST] Lawyers close to the investigation into the leak of CIA operative Valerie Plame's identity [JURIST news archive] say the 20-month probe may be reaching an end in the coming weeks. New York Times reporter Judith Miller has been jailed since July 6 [JURIST report] for refusing to testify before the grand jury investigating the leak. Her time at the Alexandria Detention Facility [official website] in Virginia marks the longest any journalist has ever served to protect a source. A Justice Department prosecutor said there have been no public discussions to get her testimony, and Miller's lawyer declined to say if Miller had talked with her source about revealing his or her identity. TIME Magazine reporter Matthew Cooper testified that his source was White House adviser Karl Rove after getting permission from Rove himself. If Miller never testifies, should could go free in October when the grand jury's term expires. Reuters has more.

[JURIST] Sandy Berger [Wikipedia profile], who served as President Clinton's National Security Adviser from 1997 to 2001, was ordered to pay a $50,000 fine and surrender his security clearance for three years on Thursday after pleading guilty to taking and destroying classified documents [JURIST report] from the National Archives. He was also sentenced to two years of probation and 100 hours of community service. Berger said he was reviewing the documents in preparation for testifying before the 9/11 Commission and has said his actions were an "honest mistake" [JURIST report]. The Washington Post has more.

[JURIST] AP is reporting that the US Fourth Circuit Court of Appeals has denied the habeas appeal of Jose Padilla [JURIST news archive], ruling that the "dirty bomb" suspect can be detained without charges indefinitely. Padilla's attorneys had challenged his designation as an enemy combatant.

Previously in JURIST's Paper Chase...

• Lawyer argues that Padilla should not be held without charges
• Padilla habeas appeal to be heard Tuesday
• Supreme Court declines to hear "enemy combatant" status challenge
• Padilla lawyers ask for Supreme Court review of indefinite detention

The Congress of the United States, in the Authorization for Use of Military Force Joint Resolution, provided the President all powers necessary and appropriate to protect American citizens from terrorist acts by those who attacked the United States on September 11, 2001. As would be expected, and as the Supreme Court has held, those powers include the power to detain identified and committed enemies such as Padilla, who associated with al Qaeda and the Taliban regime, who took up arms against this Nation in its war against these enemies, and who entered the United States for the avowed purpose of further prosecuting that war by attacking American citizens and targets on our own soil -– a power without which, Congress understood, the President could well be unable to protect American citizens from the very kind of savage attack that occurred four years ago almost to the day.

The detention of petitioner being fully authorized by Act of Congress, the judgment of the district court that the detention of petitioner by the President of the United States is without support in law is hereby reversed.

[JURIST] The US District Court for the Southern District of Ohio upheld on Thursday a state law that requires minors to get parental consent for an abortion and for all women to meet with a doctor 24 hours before the procedure. The court ruled that the requirements were not "undue burdens" on the right to an abortion. Most states have laws requiring parental consent or notice. A similar law took effect in Texas earlier this month [JURIST report], and a federal court in Florida rejected an injunction [JURIST report] against that state's consent law in July as part of pending litigation. However, the Ninth Circuit in July overturned a consent law in Idaho [JURIST report], calling the medical necessity exception too narrow. AP has more.

[JURIST] With Washington reeling from criticism about its response to Hurricane Katrina [JURIST news archive], lawmakers are again considering relaxation of the Posse Comitatus Act of 1878 [Wikipedia backgrounder; text of 18 US Code s. 1385], which generally prohibits federal soldiers or National Guard troops under federal control from operating in a law enforcement capacity on US soil. Approximately 19,000 active-duty soldiers and 45,000 National Guard soldiers - the latter currently under the control of Louisiana Governor Katheleen Blanco - are now involved in relief efforts. Military and civic officials have thusfar been at pains to stress that their involvement in recovery work and even the National Guard's law enforcement role [JURIST report] does not amount to any sort of martial law.

Gen. Peter Pace [official profile], expected to become chairman of the Joint Chiefs of Staff later this year, has called for Posse Comitatus to be reconsidered in response to suggestions that it slowed down deployment of troops, but has not specifically endorsed a relaxation. Sen. John Warner (R-VA) [official website], chairman of the Senate Armed Services Committee [official website], has questioned restrictions under the law since the September 11th attacks, and has promised to do so again. Earlier this summer, new Department of Defense contingency plans for response to terrorist attacks also raised questions about the act [JURIST report] and domestic deployment of federal troops. Legal scholars, however, have questioned any relaxation of the statute, noting that in earlier disasters "Congress and the public have seen the military as a panacea for domestic problems", and "minor exceptions to the PCA can quickly expand to become major exceptions" [75 Washington University Law Quarterly 953; full text].

The Rand Corporation offers an overview of the Posse Comitatus Act [PDF], LLRX offers a print-oriented resource guide, and the conservative Cato Institute hosted a debate [recorded video] on the Act's current applicability in 2002. Also in 2002, JURIST ran an op-ed on the subject in the context of military support in the search for the DC sniper [JURIST essay]. Reuters has more.

[JURIST] New Orleans police are preparing to carry out Mayor Ray Nagin's forced removal order [JURIST document] Friday as the last voluntary evacuees left the city Thursday. Earlier this week, Nagin authorized the forced removal [JURIST report] of anyone not engaged in the Hurricane Katrina [JURIST news archive] recovery effort. The legal basis [CNN Q&A] for Nagin's order comes from §727 [text] of the Louisiana Homeland Security and Emergency Assistance and Disaster Act [JURIST document], which gives power to parish presidents to "Direct and compel the evacuation of all or part of the population from any stricken or threatened area within the boundaries of the parish if he deems this action necessary for mitigation, response, or recovery measures." Between 5,000 and 10,000 residents are believed to remain in the city, and New Orleans Police Chief Eddie Compass has said that officers will use the "minimum amount of force" necessary in order to remove the remaining holdouts. AP has more.

[JURIST] The UN has announced Thursday that 63 nations have agreed to sign a new treaty against nuclear terrorism. The International Convention for the Suppression of Acts of Nuclear Terrorism [PDF text; CDI backgrounder] requires governments to punish those who illegally posses atomic devices and radioactive material or those who threaten others while in possession of these materials. The treaty was approved earlier this year [JURIST report] by the UN General Assembly [official website] and is the first global anti-terrorism convention since the 9/11 attacks on the US [JURIST news archive]. The agreement comes a few months after G8 leaders acknowledged [JURIST report] that they must "protect individuals while upholding human rights in accordance with international law." The accord must be ratified by at least 22 nations before it can become international law. Reuters has more.

[JURIST] In its latest bi-monthly report on human rights in Iraq [text] the United Nations Assistance Mission in Iraq (UNAMI) [official website] Thursday detailed widespread and lengthy detentions of suspected Sunni insurgents, systematic use of torture during interrogations at police stations and other Ministry of the Interior [Global Security backgrounder] premises, and condemned the Iraqi revival of the death penalty. Although the Shiite-led government has admitted to the torture and abuse of detainees [JURIST report], it has denied Sunni accusations that it tolerates death squads among police forces. In addition to the 36 bodies of tortured victims [Al-Kut report] found two weeks ago, there have been 14 more newly-killed victims of "extrajudicial executions" bearing similar signs of torture. The killings have increased sectarian tensions within Iraq as the country prepares to vote in a referendum on a new Iraqi constitution [JURIST news archive], the draft of which is opposed by many Sunni leaders [JURIST report]. Reuters has more.

[JURIST] Lawyers representing stockholders of Walt Disney Co. [corporate website] are appealing a decision [PDF text; JURIST report] that held that Disney board members did not violate their fiduciary duties or waste company resources when they hired and fired former Hollywood agent Michael Ovitz [Wikipedia backgrounder]. Disney shareholders had challenged the decision to give Ovitz a $140 million severance just 14 months after he was hired, arguing that Ovitz should have been fired for cause without receiving the extra money. AP has more.

[JURIST] The US Court of Appeals for the DC Circuit Thursday questioned the US administration's approach to detentions at Guantanamo Bay [JURIST news archive], where almost all detainees have been categorized by Combatant Status Review Tribunals [US DOD materials] as enemy combatants. During oral arguments, Judge A. Raymond Randolph suggested that the judiciary might have the legal authority to review the tribunal procedures, noting that there is "nothing in the habeas statute that requires us to defer to a military tribunal." The administration's position is currently that the detainees have no Fifth Amendment due process rights due to their status as aliens held outside of the US. Randolph said, however, that this does not relate to the issue of whether or not their detention is lawful. Last year, in Rasul v. Bush [opinion; JURIST report] the US Supreme Court held that detainees could challenge their detention in US courts. The appeals court's comments come as a hunger strike staged by Gitmo detainees [JURIST report] protesting their treatment enters its second month. AP has more.