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Legal news from Saturday, October 8, 2005




Sunnis agree on condemning draft Iraq constitution, but not on referendum boycott
Joshua Pantesco on October 8, 2005 4:32 PM ET

[JURIST] Twenty-one Sunni Arab organizations Saturday jointly condemned the proposed Iraqi constitution [JURIST news archive], saying in a statement that it “bears in it the germs of Iraq's division, the loss of its Arab identity and the plundering of its national wealth.” The draft charter, the subject of a much-anticipated October 15 referendum, contains federal provisions that the Sunnis claim will lead to a breakup of the country. The Sunni leaders, however, failed to agree to boycott the referendum itself as they had threatened [JURIST report] earlier in the week. Meanwhile, the Iraqi government announced [Reuters report] that increased security precautions, including a gun ban and travel restrictions, will be implemented a few days before and after the referendum. Aljazeera has more.






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House Republicans threaten Senate detainees amendment
Joshua Pantesco on October 8, 2005 3:57 PM ET

[JURIST] House Republicans said Friday they will resist a Senate amendment [JURIST document] to a $445 million military appropriations bill [JURIST report] that would require the US military to follow stricter rules when conducting detainee interrogations. The amendment, approved by the Senate [JURIST report] in a 90-9 vote on Wednesday, was omitted from the House version of HR 2863 currently under consideration. It specifically bans “cruel, inhumane or degrading treatment” of any person detained by the US government regardless of their location, and requires that military personnel follow procedures dictated by the Army Field Manual. President Bush has threatened to veto [JURIST report] any amended version of the spending bill that contains the detainee amendment. AP has more.






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Supreme Court rejects appeal to lift gag order in Patriot Act case
Joshua Pantesco on October 8, 2005 3:01 PM ET

[JURIST] US Supreme Court justice Ruth Bader Ginsburg [Wikipedia profile] Friday rejected [PDF text] an emergency appeal filed by the ACLU [advocacy website] on behalf of Connecticut libraries seeking to overturn a gag order that prevents a library involved in the litigation from revealing its name, and bars its librarians from testifying in upcoming congressional hearings on the Patriot Act. The lawsuit, Doe v. Gonzales, [PDF complaint], challenges a National Security Letter [ACLU backgrounder] provision of the Patriot Act [JURIST document; JURIST news archive] that permits the FBI to demand a wide range of personal records of library patrons, including library records and the identities of public computer users, without suspecting the library user of any wrongdoing. The gag order was reviewed in September by the US Second Circuit Court of Appeals, which suspended an earlier decision [JURIST report] by District Court judge Janet Hall to lift the gag order. Ginsburg, agreeing with the Court of Appeals, held that the case deserved “cautious review” and should not be decided hastily. Second Circuit arguments are scheduled for November 2nd. AP has more.






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Appeals court rejects Bush administration pollution monitoring procedures
Joshua Pantesco on October 8, 2005 2:00 PM ET

[JURIST] The US DC Circuit Court of Appeals [official site] Friday rejected [PDF ruling] a Bush administration interpretation of EPA requirements that weakened the EPA’s ability to monitor air pollution from industrial sources. The appeals court held that a 2004 EPA settlement with several utility and industry groups ran afoul of previous EPA interpretations of the 2002 Clean Air Act [text]. The current lawsuit, brought by several environmental protection organizations, asserts that the regulations as interpreted by the settlement violate the notice-and-comment requirements of the Administrative Procedure Act [text] by limiting public discussion of monitoring requirements before they are implemented by the EPA and state authorities. AP has more.






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White House withdraws Deputy Attorney General nomination
Alexis Unkovic on October 8, 2005 11:23 AM ET

[JURIST] The White House issued a brief statement [text] Friday withdrawing the nomination of corporate attorney Timothy Flanigan to be US Deputy Attorney General. Flanigan forwarded a letter to President Bush Friday requesting that the nomination be recalled, citing concerns about the timing of his confirmation. Flanigan's decision comes one week after the Senate Judiciary Committee postponed a vote on his nomination, and announced plans to further question the nominee on his role in crafting the administration's controversial detainee interrogation policy during his tenure as deputy to then White House legal counsel Alberto Gonzales [official website]. The issue of the detainee interrogation policy, alleged ties to Republican lobbyist Jack Abramoff, and Congressional concerns about oversight of the position have threatened Flanigan's confirmation. In July, Senate Judiciary Chairman Arlen Specter (R-PA) [official website] hinted that he might not support Flanigan's nomination [JURIST report] if Flanigan and the White House were not willing to allow proper Congressional oversight of his role. AFP has more.






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DeLay files motion to dismiss indictments
Alexis Unkovic on October 8, 2005 10:08 AM ET

[JURIST] Attorneys for Tom DeLay, (R-TX) [official website] have filed a motion to dismiss grand jury indictments against the former House majority leader. DeLay's legal team alleges that Travis County District Attorney Ronnie Earle [official website] and his staff engaged in prosecutorial misconduct when they tried to coerce members of a grand jury into filing a second indictment against DeLay. The first indictment on one count of criminal conspiracy [text] was issued on September 28, and a second indictment [JURIST report] on charges of money laundering followed on October 3. On October 5, reports indicated that a third, and previously unknown, grand jury had declined to indict DeLay on the same charges [JURIST report]. Earle released a statement late Friday refuting Delay's allegations, and maintaining the integrity of his actions. Reuters has more.






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