[JURIST] The Federal Emergency Management Agency (FEMA) [official website] said Wednesday that it was reconsidering a ban on firearms for people living at emergency housing parks [FEMA news release] in Louisiana following Hurricane Katrina [JURIST news archive] after being pressured by gun-rights groups. FEMA spokesman Butch Kinerney said attorneys were taking another look at the rules to determine whether they are legal. The dispute arose last week as the first major temporary shelter park made up of 600 trailers opened outside of Baton Rouge. FEMA said that its standard policy was to prohibit guns at emergency housing parks anywhere in the country, but the National Rifle Association (NRA) and the Second Amendment Foundation (SAF) [advocacy websites] have both threatened legal action over the ban. Both groups successfully challenged the confiscation of weapons [JURIST report] in New Orleans following Katrina. Read the SAF news release. AP has more.

[JURIST] New York Attorney General Eliot Spitzer [official profile; JURIST news archive] Wednesday dropped criminal charges against Theodore Sihpol, a former Bank of America broker accused of aiding illegal trades by a hedge fund, after Sihpol settled related charges with Securites and Exchange Commission [official website]. Under the settlement with the SEC [PDF text], Sihpol agreed to a $200,000 fine and a five-year ban from the securities industry, while not admitting or denying wrongdoing. Spitzer dropped four remaining charges against Sihpol, after Sihpol had been acquitted of 29 other charges [JURIST report] in June. At the time, Spitzer said he planned to retry [JURIST report] the four other charges on which the jury deadlocked in the original trial. Sihpol was the first defendant tried by Spitzer from a series of charges against the mutual fund industry, which many predicted would cause others to seek a trial rather than settling with Spitzer. The SEC has a news release on the settlement. Reuters has more.

[JURIST] Indonesia [JURIST news archive] has agreed to work on strengthening its anti-terrorism laws with help from Australia, Australian Foreign Minister Alexander Downer [official profile] said Wednesday. Downer made the announcement after meeting with Indonesian Foreign Minister Hassan Wirajuda in Jakarta. Australia [JURIST news archive] had originally hoped to convince the Indonesian government to ban Jemaah Islamiah [JURIST report], a radical Islamic group reportedly responsible for both the 2002 Bali bombings and the more recent attacks earlier this month [JURIST report]. The two agreed to a compromise in which Australia will send a team of advisors to help Indonesia prepare stiffer anti-terrorism laws similar to those proposed in Australia [JURIST report]. The Melbourne Herald Sun has more.

[JURIST] The White House Wednesday cited the religious views of US Supreme Court nominee Harriet Miers [official profile; JURIST news archive], acknowledging the relevance of those to religious conservatives while denying that they should play any role in the rulings of a judge. Spokesman Scott McClellan confirmed that on October 1, two days before the nomination, top White House aide Karl Rove had assured conservative Christian leader James Dobson [profile] of Focus on the Family [advocacy website] that Miers was an evangelical Christian from a "very conservative church, which is almost universally pro-life". Parrying questions from reporters who noted that the religious views of recently-confirmed US chief justice John Roberts did not really come up during his confirmation, McClellan nonetheless went on to say [press briefing transcript] that Miers "recognizes...that a person's religion or personal views have no role when it comes to making decisions as a judge. A judge should make decisions based on our constitution and our laws." Meanwhile President Bush said [official transcript] in brief comments to the press pool during the visit of Polish president Kwasniewski that his administration was trying inform people about Miers' background, and that part of that was her religion. AP has more.

[JURIST] The US Supreme Court [official website; JURIST news archive] Wednesday heard arguments on how far First Amendment protection should stretch for government whistleblowers who claim retaliation for their speech. In Garcetti v. Ceballos [Duke Law backgrounder], an employee in the Los Angeles District Attorney's office claimed he was retaliated against after he testified for the defense in a case in which he argued that a sheriff lied in a search warrant affidavit. The Bush administration opposed extending speech protection, and some of the justices expressed discomfort with extending First Amendment protection to speech made in the course of one's job if it is an issue of public concern. Constitutional protection has previously been accorded only to speech made as a citizen. During the arguments, Justice Anthony Kennedy said the Court's decision could have a major impact on governmental offices around the country. The National Whistleblower Center [advocacy website] has a news release on the case. The ABA has merit briefs filed in the proceeding. AP has more.

The Court also heard arguments Wednesday in US v. Olson [Duke Law backgrounder], in which it is expected to decide whether the US government can be held liable for injuries following a mine inspection under the Federal Tort Claims Act [backgrounder]. In the case, two miners injured when falling rock slab in a copper mine sued the Mine Safety and Health Administration [official website], arguing that the agency's inspection of the mine was negligent. The FTCA waives federal government immunity in situations where a private party would be liable, but the lower courts in the case had disagreed on whether there was a private equivalent to federal mine inspectors. The ABA has merit briefs for the case. AP has more.

[JURIST] A Kosovo Albanian rebel indicted on war crimes charges was put on trial Wednesday before a special Serbian court, but the trial adjourned immediately after opening. Anton Lekaj, a former member of the Kosovo Liberation Army [BBC backgrounder], is the first ethnic Albanian to go on trial before the Serbian tribunal. Lekaj has been indicted for his alleged connection to the abduction and murder of a group of Kosovo gypsies and, if convicted, can face up to 20 years in prison. The trial's adjournment followed Lekaj's refusal to recognize the Serbian court and its prosecutor and his request to be put in front of UN-run courts in Kosovo, which was formerly a functional part of Serbia, but is now under UN administration [UN mission in Kosovo website]. The proceedings will continue once Lekaj's requests are reviewed by the Serbian Supreme Court. AP has more.

[JURIST] Hundreds of demonstrators Wednesday gathered again outside the prison where several men convicted in the 2002 Bali bombings [BBC backgrounder] had been held, calling for the execution of the bombers on the third anniversary of the attacks [Jakarta Post report]. The surging crowd eventually broke down gates at the Kerobokan prison, although order was quickly restored. The three had earlier been transferred [JURIST report; Jakarta Post report] from the facility, although Bali's justice chief said the transfer was unrelated to the protest. Protesters have been gathering at the jail [JURIST report] since last week, urging that the convicted bombers be put to death immediately. In all, Indonesian courts have convicted 35 people in connection with the 2002 attacks, three of whom, Amrozi bin Nurhasyim, Imam Samudra, and Ali Ghufron, have been sentenced to death. AP has more.

[JURIST] Northwest Airlines [corporate website] asked a federal bankruptcy judge Wednesday to void labor contracts if its employee unions do not agree to concessions worth $1.4 billion a year [NWA press release]. The attempted savings are part of the airline's larger plan to reduce costs by $2.5 billion after the fourth-largest US airline filed for Chapter 11 bankruptcy in September [JURIST report]. The company plans on a second round of pay and benefit reductions during the upcoming year and also plans to reduce its flight schedule. Reuters has more.

[JURIST] The EU on Wednesday approved new rules [news release] requiring telecommunications companies to retain records of phone and e-mail communications for up to a year to aid in anti-terror efforts [EU anti-terror backgrounder] in Europe. EU justice ministers approved the requirement over privacy and cost concerns after several years of debate on the issue. The rules oblige phone companies to maintain call records for a year, while internet service providers must maintain website and e-mail information for six months. The regulation will not affect countries that already have more extensive retention requirements, including Italy and Ireland. The telecommunications industry has warned that retaining data over extended periods will cost millions. Several European governments, including the UK, had earlier argued for a three-year retention period, but that proposal was put on hold [JURIST report] last month after its rejection by the European Parliament. AP has more.

[JURIST] A federal judge on Wednesday blocked New York Attorney General Eliot Spitzer [official website] from investigating national banks' lending practices, which Spitzer believed to be charging minorities higher interest rates on home mortgage loans. US District Judge Sydney H. Stein ruled [PDF opinion; companion opinion] in favor of the Clearing House Association [organization website], an organization that represents federally chartered commercial banks and the Office of the Comptroller of the Currency [official website], an arm of the US Treasury Department which oversees the actions of national banks. Both organizations filed suit against Spitzer for interfering with their supervisory powers in the matter. The judge relied on the Fair Housing Act [text], which is designed to prevent discrimination in housing matters. The judge noted in his ruling that the FHA uses a variety of federal banking regulators including the Office of the Comptroller of the Currency to work with the Secretary of Housing and Urban Development and the US attorney general to enforce its provisions, but that nowhere does the FHA give a state attorney general jurisdiction in federal banking regulation. Spitzer said he is planning to appeal the ruling. AP has more.

[JURIST] The US Department of Justice [official website] has issued an apology for thefts by US soldiers of valuables belonging to Hungarian Jews found on a Nazi train captured at the close of World War II. The DOJ apologized for the "improper conduct" of some soldiers, who reportedly stole a variety of items from the "Gold Train," which carried jewelry, artwork, Oriental rugs, china and other property seized from Holocaust victims. The DOJ issued the statement as part of a settlement [JURIST report] the US government reached with Hungarian Holocaust survivors, which also calls for $25.5 million to be distributed to Jewish social services around the world. A US investigation concluded [Presidential Committee on Holocaust Assets report] that some soldiers failed to return certain requisitioned items and other property was stolen from a warehouse where it was stored. AP has more.

[JURIST] The former CEO of Refco [corporate website], one of the largest commodities brokerage firms in the world, was charged [criminal complaint, PDF] with securities fraud Wednesday for an alleged $430 million debt to the company that he hid from investors. Phillip R. Bennett, who was forced out of his position with the company on Monday, is accused of hiding the debt, which was owed by another firm that he controlled, causing Refco's earnings to be inflated. Refco acknowledged the debt [news release] on Tuesday, a day after it announced [news release] that it would restate its earnings since 2002 in its next quarterly report, which will be delayed. Refco reported that Bennett had repaid the debt with interest. The disclosures by the company, which went public only months ago, raise questions about transactions [NYT report] as far back as 1998. Reuters has more.

[JURIST] The trial of 45 Italian police and medical staff accused of unlawful violence against protesters at the 2001 G8 summit in Genoa [official website, BBC backgrounder] opened Wednesday. The charges stem from violent clashes between protestors and police outside the summit, resulting in injuries to more than 100 people and one death [CNN report]. Few of the accused were in court Wednesday, and the hearing was postponed until November when over 600 witnesses from the UK, Germany, France and the US are expected to be called. A related case, in which 28 officers have been charged for roles in a raid on protesters' temporary housing that left over 1,000 injured and three in coma, will open Friday. BBC News has more.

[JURIST] AP is reporting that Iraq's parliament speaker has said that the National Assembly has approved a compromise deal on the Iraqi constitution [JURIST news archive]. Under the deal [JURIST report], a commission will be established to consider future amendments to the charter, which would then be voted on by the National Assembly and thereafter submitted to the public in another referendum. The parliament convened a special session Wednesday to consider the last-minute compromise, though an actual vote was not taken on the measure. Parliament speaker Hajim al-Hassani told the media that the with the presence of 157 of 275 members, the deal "is considered to be adopted." The compromise deal is aimed at discouraging Sunni Arabs from voting against the charter in this weekend's referendum [IECI backgrounder, PDF]. Under Iraq's current electoral law, a majority vote is necessary for the constitution's adoption, unless two-thirds of the citizens in at least three of Iraq's 18 provinces vote "no." AP has more.

[JURIST] Haiti's Supreme Court has ruled that a Haitian-born US citizen can run in the upcoming presidential elections [JURIST report]. The country's provisional Electoral Council had decided that US businessman Dumarsais Simeus could not run in the election, but the high court ruled Tuesday that Simeus could run because the Electoral Council could not show that Simeus had given up his Haitian citizenship. Simeus called the decision "a victory for the Haitian people" and said his candidacy would allow Haitians abroad to take a new role in Haiti's politics. The election, currently scheduled for Nov. 20, will be the first since Jean-Bertrand Aristide was removed from power [JURIST report] in February 2004. AP has more.

[JURIST] Senior Israeli Defense Forces [official website] officers, under instruction from Defense Minister Shaul Mofaz [official profile], asked the Israeli Supreme Court [official website] Tuesday to reconsider last week's ruling [JURIST report] banning the use of Palestinian civilians as human shields [JURIST report]. Mofaz stated that the current ruling will be enforced until another hearing is held, when he will personally present his arguments supporting the use of human shields to the High Court. Haaretz has more.

[JURIST] US District Judge Gerald Bruce Lee watched a videotaped confession Tuesday where Ahmed Omar Abu Ali [PDF indictment], accused of plotting to assassinate President Bush, said that he was motivated by hatred of American support for Israel. Lee is currently considering a defense motion to throw out the confession; Abu Ali's lawyers say the confession was the product of torture [JURIST report] at the hands of Saudi interrogators. Lee said he wanted to see the tape in order to observe Abu Ali's demeanor. The taped confession is 13 minutes long, and at several points Abu Ali yawned and laughed to himself. Lee is expected to continue to hold hearings on the validity of the confession into next week. Abu Ali, a US citizen, faces charges of conspiracy to assassinate the president, conspiracy to commit aircraft piracy and contributing services to al Qaeda. AP has more.

Previously in JURIST's Paper Chase...

• DOJ says US student planned Bush assassination plot
• Federal judge orders al Qaeda suspect to produce evidence in Saudi torture claim
• Bush assassination plot suspect allegedly tortured by Saudis
• Federal judge says Bush plot suspect can be examined for signs of torture
• Man accused of plotting Bush assassination pleads not guilty
• Attorneys seek release of alleged Bush assassination plotter
• Man charged with plotting to assassinate President Bush

[JURIST] The British government introduced a tough new anti-terror bill in the House of Commons Wednesday, bringing forward measures [UK Home Office backgrounder] anticipated since soon after the July 7 London bombings [JURIST news archive] that killed 52 commuters. Among other things, the Terrorism Bill [official text; government explanatory notes] authorizes detention of suspects for 90 days without charge. The permissible detention period was extended to three months from 14 days after police said they needed more time to gather evidence in specific instances. Although the larger bill is expected to pass, the detention provision may run into difficulty; even Lord Carlisle, the lawyer appointed by the government to review new security legislation, says it has inadequate protection for suspects in its present form [Terrorism Bill report], and UK Home Secretary Charles Clarke has admitted that concessions may be necessary. Reuters has more. London-based Amnesty International has issued a scathing press release on the legislation, accusing the British government of "tearing up rights and freedoms that date back to Magna Carta", while Liberty UK observes [press release] that "things have come to a pretty pass when the country that once defined justice for the rest of world seeks to win a race to the bottom in fair trial standards." In conjunction with the introduction of the proposed legislation, the UK Foreign and Commonwealth Office has released a comparative study of anti-terrorism legislation and practice [PDF] in ten Western countries, including the US, Australia and Canada. Liberty has already dismissed the FCO report as "spin", saying it "misleadingly compares pre-charge detention with lengthy pre-trial periods in different legal systems around the globe."

[JURIST] The Roman Catholic Archdiocese of Los Angeles [official website] has released information from 126 clergy personnel files that shows that the archdiocese moved priests accused of sexual abuse between therapy and new assignments for over 75 years. The documents, released late Tuesday as part of a settlement in a case with over 500 accusers, also show that the country's largest archdiocese often ignored parishioners' complaints and avoided directly mentioning child molestation in personnel files. The archdiocese has made a summary [PDF text] of the clergy files available; the summary is published as an addendum to a 2004 report, Clergy Sexual Abuse: Archdiocese of Los Angeles 1930-2003 [PDF text]. The plaintiffs' attorney has said that the new information is a good first step, but called for complete personnel files to be made public. AP has more.

[JURIST] California's Fourth District Court of Appeals heard arguments Tuesday to determine whether physicians can refuse to provide fertility treatments to a homosexual women based upon their religious beliefs. In a case expected to eventually be heard by the Supreme Court, Drs. Christine Brody and Douglas Fenton contend they refused to artificially inseminate Guadalupe Benitez because she and her partner of 15 years were not married. However, Benitez, represented by Lambda Legal [advocacy website, case backgrounder], alleges the doctors' refusal was based in their religious beliefs about homosexuality, in violation of California's anti-discrimination laws. In 2003, the appeals court overturned a 2001 dismissal [PDF opinion] of the case, ruling that the physicians couldn't claim religious exemption under California's anti-discrimination law. The physicians appealed that decision, and the appellate court has 90 days to rule. AP has more.

[JURIST] US officials outlined procedures for the upcoming trial of ousted Iraqi president Saddam Hussein [JURIST news archive] in a special background briefing at the State Department Tuesday. The officials, speaking "on background" because the trial is an Iraqi process [State Department press advisory], said Hussein would appear before three judges of the Iraqi Special Tribunal [official website] beginning October 19 on charges relating to the 1982 massacre of 143 people in the mostly-Shiite town Dujail, north of Baghdad. Over the past year-and-a-half the judges trying Hussein have received training in humanitarian law and war crimes law from US, British and Australian advisors, including law professors from Case Western Reserve University [CWRU War Crimes research portal]. At one point they even attended a mock trial session in London, England. Hussein will appear alone before the tribunal, probably behind protective glass. Witnesses in his case will be questioned by the chief judge following Iraqi civil law procedure, which is an adaptation of French and Egyptian law. There will be no jury. Hussein has the right to have a lawyer present, to call witnesses, and to appeal against any sentence handed down by the court. Reporters are expected to be able to attend the proceeding; earlier statements by Iraqi officials notwithstanding, no decision has been made on whether the trial will be televised, live or with a delay. AP has more. Case Western law school is hosting a weblog on the trial, featuring expert comentary and primary resources.

[JURIST] Human rights groups Amnesty International and Human Rights Watch Wednesday called on US federal and state lawmakers to change mandatory sentencing schemes under which thousands of juvenile prisoners face the prospect of life sentences without parole. A new joint report entitled The Rest of Their Lives says that some 2225 prisoners are incarcerated indefinitely in the United States for crimes committed while they were minors; some 59% were put away for life for first offences. While researchers said the offenders shouldn't go "scot-free" there should be alterantives allowing the courts to set other types of punishment that are perhaps more effective; the report cites no data suggesting that life incarceration is an effective deterrent to juvenile crime, and notes that many imprisoned juveniles have suffered ill-treatment and abuse, ranging from violence to rape. Review the full report, an executive summary, and a state-by-state breakdown of relevant laws. AFP has more.

[JURIST] In his first media briefing, incoming UK lord chief justice Lord Phillips [official profile] has warned the British government to back off pressuring the judiciary to enforce its own views of the law in terror-related or other cases. Speaking Tuesday at the Royal Courts of Justice in London, he observed, "Occasionally one feels that an individual politician is trying to browbeat the judiciary, and that is wholly inappropriate. We are all trying to do our job to the best of our abilities." The comments follow others made over the summer by senior British judges concerned about threats to judicial independence [JURIST report] after senior government and opposition politicians pressed the judiciary not to obstruct the operation of new terror laws [JURIST report] and to take formal instructions on the interpretation of human rights laws [JURIST report] in the aftermath of the July 7 London bombings [JURIST news archive]. Later Tuesday in his monthly Downing Street news conference [official transcript], Prime Minister Tony Blair denied he was trying to "browbeat" anyone but again put the judiciary on notice that what he has called the "rules of the game" [August press briefing transcript] have changed:

I am not trying to browbeat the Judiciary or to substitute the role of government to the proper role of judges. I am simply sitting in the seat that is the decision-making seat for the laws to protect people in this country, and all I am saying to the judiciary is be aware that there is a proper role for the judiciary and there is a proper role for government and for Parliament, and the reason we are trying to put these laws forward and toughen up significantly our response to this terrorist threat is because that threat is real and we have seen how real it is in our country and therefore when you are sitting in my seat and trying to take the right decisions and the Police say look, this is what we need to make this country safe, you have got to have good reasons to say no to that. And I think the Police have set out a strong case, particularly on this three months and what I say to people is, go and look at what they say, take account of it, and then tell me why you think they are wrong. But if they are right, then how can I responsibly refuse to do something that will actually protect - as I say - the most basic civil liberty which is the right to life.

[JURIST] A Russian military court in the North Caucasus region has found two Russian soldiers not guilty of murdering three civilians during operations in the war-torn region of Chechnya [Wikipedia profile]. Interior Force officers Yevgeny Khudyakov and Sergei Arakcheyev were charged with killing three Chechen construction workers in January 2003 [International Helsinki Federation for Human Rights report]. Investigators said the Khudyakov-Arakcheyev reconnaissance unit stopped a truck near the Chechen capital of Grozny to check documents and the vehicle. The officers allegedly ordered men out of the truck and shot them, then set fire to the car. They were acquitted in June 2004, but the Russian Supreme Court's Military Board set aside the verdict and sent the case back for further examination. In an interview with the Moscow News, the military court's chairman said that there was enough evidence for the murder of the three Chechens, but officers did not commit a crime. In August the the Russian Supreme Court overturned the acquittal of four other Russian soldiers [JURIST report] accused of killing six Chechen civilians in a 2002 incident. MosNews has more.

[JURIST] A US congressional panel said Tuesday that China [JURIST news archive] had made no significant progress in human rights or law reform over the past year despite announced efforts in those areas. The 2005 Annual Report [full text] of the Congressional-Executive Commission on China [official website] noted ongoing abuses of political and religious rights and freedom of expression, such as harassing and repressing of Muslims and Tibetans, imposing restrictions on religious practices, and increased intimidation and imprisonment of journalists, editors, and writers. The report said Beijing is pressing on with judicial and criminal reforms [JURIST report] that may improve human rights, but criticised government repression and detention of those who challenge state monopolies on religion, speech or assembly. The panel was highly critical of China's criminal judicial system, especially wrongful convictions, using administrative procedures and arbitrary decisions. The annual report was approved in a 18-1 decision, with one Commissioner answering “present”. AP has more.

[JURIST] Lawyers for Republican members of the US Senate Judiciary Committee said Tuesday that President Bush's nomination of White House counsel Harriet Miers [JURIST news archive] for the Supreme Court was uniformly unpopular among committee staffers, and that some questioning her qualifications and conservative pedigree were actively researching ways to rebut arguments put forward in her favor by the White House. Wednesday's New York Times quoted one GOP lawyer as saying "Everybody is hoping that something will happen on Miers, either that the president would withdraw her or she would realize she is not up to it and pull out while she has some dignity intact." Committee staffers vented their frustrations at two meetings on Friday of last week, one a meeting of chief counsels for GOP senators, and another a Republican staff session with Ed Gillespie [Wikipedia profile], a former GOP party chair lobbying for Miers. Judiciary Committee chairman Arlen Specter acknowledged in an interview Tuesday that staffers had strong views on the nominee, but that Senators would make up their own minds, and Specter chief counsel Michael E. O'Neill has urged his colleagues to give Miers a chance to speak for herself, a perspective echoed early Wednesday by US Attorney General Alberto Gonzales, interviewed [AP report] on ABC's Good Morning America. The Times has more.

[JURIST] Former French UN ambassador Jean-Bernard Merimee is expected to appear before a French judge Wednesday after having been detained by authorities investigating allegations of fraud and corruption in the UN Oil-for-Food program [official website; JURIST news archive]. Merimee was France's representative to the UN from 1991-95 and worked as a special adviser to UN Kofi Annan from 1999-2002. He is suspected of having received huge oil allocations from the regime of Saddam Hussein that could be sold to commercial dealers for profit. Merimee's name was on a list of politicians and businessmen alleged to have received oil vouchers that was published in January 2004 by Iraqi newspaper Al-Mada [MEMRI analysis]. The French mission to the UN [official website] has promised to cooperate with the investigation. AP has more.

[JURIST] New York Times reporter Judith Miller [JURIST news archive] is set Wednesday to go back for a second round of testimony before a federal grand jury probing the 2003 leak of the name of CIA operative Valerie Plame [JURIST news archive] by White House sources after her husband, US ambassador Joseph Wilson, publicly questioned the Bush Administration's handling of pre-war Iraq intelligence, first anonymously, and then in a New York Times op-ed. Miller first testified to the grand jury on September 30, the day after she was released from prison after serving an 85-day jail term for refusing to name a source who had talked to her about circumstances surrounding the eventual disclosure of Plame's identity to columnist Robert Novak, who later published it [Novak column]. Miller's latest testimony is expected to center on notes she took during a June 2003 conversation with I. Lewis "Scooter" Libby [official profile], aide to Vice-President Dick Cheney, whose permission to disclose his own identity led to Miller's release. The Times said in an e-mail to staff Tuesday that once Miller had finished her testimony it would publish a detailed account of her involvement with the White House leak investigation. AP has more.