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Legal news from Thursday, September 29, 2005 |
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BREAKING NEWS ~ John Roberts sworn in as Chief Justice
Jeannie Shawl on September 29, 2005 3:02 PM ET

[JURIST] Following this morning's confirmation vote [JURIST report] in the US Senate, John Roberts [JURIST news archive] has been sworn in as Chief Justice of the United States at a ceremony at the White House. Justice John Paul Stevens administered the oath of office. CBS News has more.
5:39 PM ET - Speaking at the swearing-in ceremony, President Bush said: Today we complete a process set forth in Article II of the Constitution, which provides that the President shall nominate, and by and with the advice and consent of the Senate, shall appoint the judges of the Supreme Court. The nomination power is one of the most serious responsibilities of a President. When a President chooses a Supreme Court justice he is placing in human hands the full authority and majesty of the law.
Each member of our highest court holds a position of extraordinary influence and respect, and can hold it for a lifetime. The office of Chief Justice has added responsibilities as leader of the Court, and as presiding officer of the Judicial Conference of the United States. To carry out all these duties, I submitted to the Senate a nominee of integrity, deep humility, and uncommon talent. ...
As Judge Roberts prepares to lead the judicial branch of government, all Americans can be confident that the 17th Chief Justice of the United States will be prudent in exercising judicial power, firm in defending judicial independence, and above all, a faithful guardian of the Constitution. After taking the oath of office, Roberts remarked: The process we have just completed epitomizes the separation of powers that is enshrined in our Constitution. My nomination was announced some 10 weeks ago here in the White House, the home of the executive branch. This morning, further up Pennsylvania Avenue, it was approved in the Capitol, the home of the executive [sic] branch. And tomorrow, I will go into the Supreme Court building to join my colleagues, the home of the judicial branch, to undertake my duties. The executive and the legislature have carried out their constitutional responsibilities and ensured the succession of authority and responsibility in the judicial branch.
What Daniel Webster termed, "the miracle of our Constitution" is not something that happens every generation. But every generation in its turn must accept the responsibility of supporting and defending the Constitution, and bearing true faith and allegiance to it. That is the oath that I just took. I will try to ensure, in the discharge of my responsibilities, that with the help of my colleagues, I can pass on to my children's generation a charter of self-government as strong and as vibrant as the one that Chief Justice Rehnquist passed on to us. Read the full text of the President's and Chief Justice Roberts' remarks.


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DOD analyst to plead guilty to leaking top secret info
Christopher G. Anderson on September 29, 2005 1:01 PM ET

[JURIST] Lawrence A. Franklin [Wikipedia profile], an analyst for the US Department of Defense, plans to plead guilty to charges [JURIST report] that he provided classified information to an Israeli official and a pro-Israeli lobbying group, according to the US District Court clerk's office in Alexandria, VA. Franklin's indictment [PDF text] stems from allegations that he divulged top secret information in 2003 regarding potential attacks on US forces in Iraq to Steve Rosen and Keith Weissman, two members of the American Israel Public Affairs Committee (AIPAC) [official website], neither of whom had the security clearance to receive the sensitive information. Franklin allegedly told Rosen and Weissman, both of whom have also been charged [JURIST report], that the information was "highly classified" and asked them not to "use" it. Franklin is scheduled to enter his guilty plea next week, although the exact charges to which he will enter his plea have not yet been disclosed. AP has more.
Previously in JURIST's Paper Chase...


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Saddam attorney petitions for trial delay
Holly Manges Jones on September 29, 2005 12:07 PM ET

[JURIST] The defense lawyer for Saddam Hussein [JURIST news archive] has filed a motion petitioning the Iraqi High Criminal Court, previously called the Iraqi Special Tribunal [official website], to delay the first of Hussein's several expected trials set to begin on October 19 [JURIST report]. Khalil Dulaimi said he only gained access to the prosecution's evidentiary file over the weekend, and in his motion cited Rule 45 of the court's Rules for Proceedings and Evidence Gathering [PDF text], which requires the defense attorney to have such information at least 45 days before a trial. Dulaimi also pointed out that the prosecution has not identified over 100 witnesses giving testimony for an 800-page dossier against Hussein, and said the document should be sent back to an investigative judge. An anonymous court official said the tribunal will review Dulaimi's motion for an extension but that it will probably not be accepted since a previous member of Hussein's defense team received a copy of the prosecution's case file on August 10, which technically gave the defense the requisite 45-day time period. Earlier this month, Dulaimi said that the reorganization of Hussein's defense team would not give him enough time to prepare for the October trial date. The Los Angeles Times has more.
Meanwhile, Iraqi Prime Minister Ibrahim Jaafari [Wikipedia profile] responded Thursday to arguments by Saddam's defense team that they were not officially informed of the trial date by the Iraqi Special Tribunal, but rather by a government spokesman. Jaafari said: "Saddam's trial date is scheduled for October 19 and it is not possible to postpone this case which has already been pending for too long. Given that judicial authorities are independent we will not be interfering, but we have asked them to deal speedily, but without rashness, with the case." AFP has more.


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International brief ~ Security Council warns about cease-fire violations in Darfur
D. Wes Rist on September 29, 2005 10:07 AM ET

[JURIST] Leading Thursday's international brief, the current president of the UN Security Council [official website], Philippine Ambassador Lauro Baja [official profile] condemned the renewed violence in the Darfur region [JURIST news archive] of Sudan [government website], and warned that the Security Council was seriously concerned by the continued violations of the April 2004 cease-fire by both government and rebel forces. UN relief coordinator Jan Egeland [official profile] warned Sudan at the same time that the continued violence had led to serious discussions concerning the complete withdrawal of all humanitarian aid workers in the Darfur region. New cease-fire agreements between the rebel forces and the government are currently underway, but the talks have stalled over accusations of cease-fire violations. JURIST's Paper Chase has continuing coverage of Sudan [JURIST news archive]. The Sudan Tribune has local coverage.
In other international legal news ... - The Sudanese government [official website] on Wednesday formally appealed the August 2005 [JURIST report] decision by the US District Court for Eastern Virginia which allowed the families of the 17 US sailors killed in the 2000 terrorist attack [Wikipedia backgrounder] on the USS Cole [official website] to continue their civil suit against the Sudan government. The suit revolves around whether the Foreign Sovereign Immunities Act [State Dept FAQ] applies, or if sufficient ties to the al Qaeda organization existed within the Sudan government to allow the surviving families to proceed under the terrorism exception in the FSIA. The August ruling held that sufficient ties had been demonstrated to allow the case to continue to trial, but Sudan maintains that the evidence is invalid and is seeking to suppress the suit before it reaches court. JURIST's Paper Chase has continuing coverage of the USS Cole [JURIST news archive]. The Sudan Tribune has local coverage.
- Impartial elections are being held in the northwestern Somaliland province [Wikipedia backgrounder] of Somalia in an attempt to gather official international recognition as an independent state for the breakaway territory. Self-proclaimed as independent since the 1990s, Somaliland has traditionally been rejected as a self-sustaining state by the rest of the world out of fears of increased instability in the already lawless Somalia [Wikipedia profile]. Existing without a de facto government for the last 15 years, Somalia has been the alleged home of numerous terrorist groups and rebel factions. Somaliland political parties appealed to the 800,000 eligible voters (out of 3.5 million inhabitants) to turn out in mass numbers, regardless of which of the three political parties they vote for, simply to demonstrate that Somaliland deserves global recognition. Results are expected early next week. South Africa's Mail & Guardian has more.
- A Human Rights Watch [advocacy website] statement released on Wednesday in Nepal accused the Royal Nepalese Army [official website] of using the three soldiers convicted of torturing and murdering [JURIST report] 15-year-old Maina Sunuwar in 2004 as "cosmetic gestures" for the Army's poor human rights record. HRW said the convictions and the creation of human rights investigatory committees [JURIST report, RNA backgrounder] were merely designed to hide the fact the RNA continues to act with impunity throughout the nation. According to HRW's figures, the RNA "has been responsible for the largest number of reported forced disappearances in the world." The RNA held last week that the convicted soldiers had served their six-month sentence during the time they were held in Army barracks prior to and during the trial, effectively preventing the convicted men from serving any jail time. JURIST's Paper Chase has continuing coverage of Nepal [JURIST news archive]. Read the HRW press release. Kantipur Online has local coverage.


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Myanmar still detaining 1,100 political prisoners, UN investigator reports
Chris Buell on September 29, 2005 7:58 AM ET

[JURIST] More than 1,100 political prisoners continue to be held by the military government in Myanmar [Wikipedia backgrounder], despite pledges by the government to release dissidents as part of democratic reforms, the UN Special Rapporteur to Myanmar Paulo Sergio Pinheiro [official website] reported Wednesday to the UN General Assembly [official website]. Pinheiro, who has been barred from the country since 2003 but said his report was based on independent sources, said the immediate release of the remaining prisoners would show the world that the government was serious about reforms. The government previously released several hundred prisoners [JURIST report], but many others, including Nobel laureate and opposition leader Aung San Suu Kyi [advocacy website; Wikipedia profile], remain in detention. US and British diplomats have said they will attempt to bring abuses in Myanmar to the UN Security Council agenda after previously being blocked by Russia. Reuters has more.


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