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Legal news from Wednesday, November 9, 2005 |
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NYT reporter Judith Miller retires from paper in wake of Plame affair
Chris Buell on November 9, 2005 7:31 PM ET

[JURIST] Judith Miller [JURIST news archive], the New York Times reporter at the center of the CIA leak case [JURIST news archive], has left the newspaper after 28 years there, the Times announced Wednesday [NYT report, registration required]. Miller negotiated with the paper for several weeks about her departure after she was jailed for 85 days [JURIST report] this summer for failing to reveal her source to a federal grand jury investigating the leak case. She was released after agreeing to testify to a grand jury, although she later wrote she could not recall [JURIST report] who told her the name of CIA covert operative Valerie Plame. Miller was initially supported by the Times for her decision, although she later became an object of criticism [JURIST report] by the paper and others for her refusal to cooperate and for problematic reports she filed on Iraq's pursuit of nuclear weapons in the run-up to the war. Miller has defended her decision to withhold her source, and she said she was leaving the paper, in part, because others disagreed with her actions. In a memo to the staff [text], Executive Editor Bill Keller said Miller produced "great, prize-winning journalism" while with the paper. AP has more.


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CIA report questioned legality of interrogation methods, sources say
Chris Buell on November 9, 2005 3:04 PM ET

[JURIST] A classified Central Intelligence Agency [official website] report issued in 2004 questioned whether certain interrogation tactics approved by the agency for use against terrorism suspects would violate the UN Convention Against Torture [text], current and former intelligence officials have reported. The previously undisclosed report by CIA Inspector General John Helgerson [official profile] warned that procedures approved in 2002, while not constituting torture [JURIST news archive] under the UN Convention, could fall afoul of a lesser restriction that bars "cruel, inhuman or degrading" actions. Anonymous officials who spoke about the report said that it cited specific techniques used by the CIA against certain suspects, including Khalid Sheikh Mohammed [BBC News profile], the alleged mastermind of the Sept. 11 terror attacks. Mohammed has reportedly been subjected to waterboarding, a procedure in which a person is strapped to a board and made to feel as though he is drowning, since being captured in March 2003. The CIA has not publicly acknowledged the report, and it has maintained [CIA news release] that its approved interrogation techniques were lawful. President Bush said Monday that the US has not tortured [JURIST report] suspected terrorists. The US Senate has approved a proposed ban on torture and other inhuman treatment of prisoners [JURIST document] but the White House has threatened to veto the legislation [JURIST report; White House policy statement, PDF]. Vice President Cheney has also urged Senators to include an exemption for CIA officers [JURIST report], arguing that CIA agents should be allowed to employ "cruel, inhuman or degrading" interrogation tactics if the president decides such procedures are necessary to prevent an imminent terrorist attack. Wednesday's New York Times has more.


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UN extends mandate of Iraq force for another year
Jeannie Shawl on November 9, 2005 2:52 PM ET

[JURIST] The UN Security Council [official website] has unanimously adopted Resolution 1637 [text and summary], extending the mandate of the 180,000-strong multinational force in Iraq [official website] for another year. The US-led force was originally authorized [JURIST report] in May 2004 under UN Security Council Resolution 1546 [UN summary] and the mandate has since been renewed in six-month increments. The latest resolution, approved Tuesday, would instead authorize forces to remain in Iraq until December 31, 2006, with a review after eight months. The mandate could be terminated early, however, upon request from the Iraqi government. The US, which began circulating the draft resolution [JURIST report] last week, has called the unanimous approval a significant signal [Bolton statement] of international support for Iraq's transition to a democratic government. AP has more. The UN News Centre has additional coverage.


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French emergency laws helping to quell riots, say officials
Jeannie Shawl on November 9, 2005 11:16 AM ET

[JURIST] French police and Interior Ministry [official website, in French] officials said Wednesday that newly-authorized state of emergency powers [JURIST report] were helping to subdue violence in the 13th day of rioting around the country. The government on Tuesday issued a decree [PDF text] giving local officials permission to use emergency powers authorized by a 1955 law [amended text; original 1955 version - page 1 and page 2, PDFs], which had previously been used in French colonial conflicts but never in France itself. Under the law, local authorities can impose curfews, put individuals under house arrest, carry out raids without warrants, confiscate weapons and evacuate public spaces considered to be the focus of violence. Meanwhile, human rights groups have expressed concern over rushed trials for accused rioters [AP report], saying that fast-track trials for defendants who claim they are only guilty of being in the wrong place at the wrong time will only add to the sense of injustice among those accused.
The riots began in poor immigrant suburbs outside of Paris, and commentators have suggested that the tension in the ghettos is related to larger racial and religious issues in France, including last year's banning of religious dress in schools [JURIST report]. Since the riots began in late October, over 1,500 arrests have been made and the French Justice Ministry [official website, in French] said Wednesday that 52 adults and 23 minors have received prison sentences [press release] or have been sent to detention centers. Paris prosecutors have also opened an investigation into two teenagers [AP report] who allegedly used their blogs to urge French youths to riot and revolt against police. A 16-year-old French teen and an 18-year-old from Ghana were detained earlier this week and are being investigated for inciting harm to people and property over the Internet. Formal charges have not yet been brought, but if either teen is convicted, the charge carries a maximum prison sentence of five years. The Guardian has more. Le Monde has local coverage (in French).
2:07 PM ET - French Interior Minister Nicolas Sarkozy [official profile, in French] has ordered that all 120 foreigners so far convicted of taking part in the riots be immediately deported, even those who were not in France illegally. BBC News has more.
Previously in JURIST's Paper Chase...


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Ex-interior minister surrenders to Rwanda genocide tribunal
Jeannie Shawl on November 9, 2005 10:50 AM ET

[JURIST] Callixte Kalimanzira, Rwanda's acting interior minister during the 1994 genocide [BBC backgrounder], has surrendered to the International Criminal Tribunal for Rwanda [official website], the court announced [press release] Tuesday. According to the tribunal, Kalimanzira is "charged with genocide, in the alternative complicity in genocide, and with direct and public incitement to commit genocide" for allegedly helping to coordinate the genocide. Specifically, the ICTR alleges that Kalimanzira made inflammatory speeches calling for the elimination of all Tutsis, distributed weapons to be used in the massacre, supervised the killings of thousands of Tutsis, and personally beat to death some Tutsis. IRIN has more.


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Sadat assassins freed after two decades in jail
Sara R. Parsowith on November 9, 2005 8:30 AM ET

[JURIST] Nageh Ibrahim and Fouad el-Dawalibi, founding members of militant Egyptian Islamic movement al-Gamma al-Islamiyya [Wikipedia backgrounder], have been released after more than two decades in prison in connection with the killing of President Anwar Sadat [CNN profile] during a military parade in Cairo on Oct. 6, 1981. The men were convicted for their connections to Sadat's assassination and were sentenced in 1984, Ibrahim to 24 years and el-Dawalibi to 15 years, though Egyptian law allows people to be held after their sentences are completed. It is thought the men were freed due to a truce reached between al-Gamaa al-Islamiyya and the Egyptian government. Two primary al-Gamaa al-Islamiyya leaders, Assem Abdel Maged and Essam Derbala remain in prison in connection with Sadat's assassination, but a fifth convicted assassin, Tarek el-Zomor, was released from prison [JURIST report] earlier this year after serving more than his designated sentence of 22 years. AP has more.


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Kansas school board approves intelligent design approach to evolution
Sara R. Parsowith on November 9, 2005 7:47 AM ET

[JURIST] In a victory for intelligent design advocates, the Kansas Board of Education on Tuesday approved by a vote of 6-4 revised science standards [BoE materials] that require students to understand not only evolution [BBC backgrounder], but also recent challenges to the theory, such as that suggesting that life is too complex to have evolved without help from a higher power. The board, currently dominated by religious conservatives, also rewrote the definition of science, to no longer limit it to natural explanations of phenomena. Kansas Citizens for Science [advocacy website] opposes the changes, arguing that they are a vehicle for teachers to bring creationist arguments into the classroom. John Calvert, a retired attorney and co-founder of the Intelligent Design Network [advocacy website], has countered that the alterations "are not targeted at changing the hearts and minds of the Darwin fundamentalists." This is the third time in six years that the Kansas board has rewritten standards concerned with evolution. In 1987, the US Supreme Court ruled in Edwards v. Aguillard [opinion text] that states may not mandate public schools to teach creationism in order to balance evolution lessons. In an August interview, however, President Bush endorsed [Knight Ridder report] teaching intelligent design [Wikipedia backgrounder] alongside evolution.
Pennsylvanians meanwhile await the result of the recently-ended trial [JURIST report] of a lawsuit [JURIST report; PDF complaint; ACLU case materials] over a local school board policy similar to that implemented by Kansas which requires high school students to learn about intelligent design in biology class. In elections Tuesday, voters in the Dover Area School District [official website] nonetheless expressed their disagreement with the school board [USA Today report] and ousted eight Republicans from the nine-member board and replaced them with Democrats who want intelligent design removed from the local science curriculum. AP has more.


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Voters reject CA, OH redistricting proposals; ME votes to keep gay rights law
Sara R. Parsowith on November 9, 2005 6:58 AM ET

[JURIST] California voters Tuesday rejected a hotly-contested initiative [JURIST report] that would have prevented lawmakers from drawing political voting districts [JURIST report; proposition summary and text, PDF]. The initiative was allowed on the ballot after an appeal to the California Supreme Court [JURIST report]; a lower court had said the measure could not be part of the November election [JURIST report] because petitions circulated to collect the necessary signatures for the initiative to appear on the ballot did not contain identical wording. California voters also turned down several other propositions, including proposals to require doctors to notify parents [proposition summary] that a teenage girl wanted an abortion and one that would have capped state spending [proposition summary] to allow Gov. Schwarzenegger increased power to make budget cuts.
Also on Tuesday, Maine voted to keep [ballot question text] a state law [bill summary; JURIST report] that protects homosexuals from discrimination in the areas of employment, housing and education. Voters had previously rejected these anti-discrimination laws in 1998 and 2000. Elsewhere, Texas voters approved [JURIST report] a constitutional amendment to ban same-sex marriages [Proposition 2 text], becoming the 19th state to agree to such a ban. In Ohio, voters rejected four proposed election law changes [League of Women Voters summary], one of which would have enabled a neutral commission to map political districts instead of the Legislature. Ohio also rejected transferring election oversight from the elected secretary of state to a bipartisan commission.
Finally, in a contentious local ballot, voters in San Francisco Tuesday approved a measure [AP report; Proposition H SF Department of Elections backgrounder] prohibiting the manufacture and sale of all firearms and ammunition in city limits, and making it illegal for city residents to keep handguns in their home or places of work. San Francisco becomes the third US city after Washington and Chicago to pass such a broad gun ban. Opponents of the ban [No campaign website; additional No website] say a court challenge may follow. USA Today has more. Stateline.org provides a list of all statewide measures voted on during Tuesday's elections.


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