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Legal news from Wednesday, November 16, 2005 |
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Missouri abortion law injunction upheld by 8th Circuit
Chris Buell on November 16, 2005 7:58 PM ET

[JURIST] The US Court of Appeals for the Eighth Circuit [official website] on Wednesday upheld a narrower version of a preliminary injunction [JURIST report] imposed against Missouri's 24-hour informed consent abortion law [text]. In a 2-1 decision [full opinion, PDF], the court ordered the district court to issue a modified injunction that did not cover a basic consent process already upheld by the US Supreme Court's 1992 ruling in Planned Parenthood v. Casey [opinion text]. The court also ordered that the injunction automatically expire 10 days after the Missouri Supreme Court [official website] issues a decision on the constitutionality of the law. The state court heard oral arguments in the case last week, but it has not yet ruled on the issue. Missouri [JURIST news archive] legislators passed the law, which requires doctors to wait 24 hours after meeting with a woman before performing an abortion, in 2003 over a veto by the governor. Planned Parenthood groups have challenged the law, arguing that the consultation requirements, which cover the "physical, psychological and situational" risks involved, were unconstitutionally vague. AP has more.


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French parliament approves extension of emergency powers to suppress riots
Chris Buell on November 16, 2005 7:26 PM ET

[JURIST] The French Senate [official website, in French] on Wednesday approved a three-month extension [legislative materials, in French] of emergency powers for local governments still struggling to control rioting around the country. The Senate's approval came a day after the lower house approved the extension that had earlier won approval in the cabinet [JURIST report]. The powers, granted earlier this month [JURIST report] and derived from a 50-year-old law [JURIST document], allow local authorities to impose curfews, prevent public gatherings and search homes. In a sign that the violence was abating, only 163 cars were burnt Tuesday night, down from a high of 1,400 in a single night during the nearly three weeks of violence that have troubled France. Opposition parties opposed the extension, but President Jacques Chirac [official profile] said the emergency powers were only temporary and should only be used where necessary. Authorities believe that the violence, which largely has occurred in crowded and poor suburbs outside Paris, has been fueled by racial tension, while members of Chirac's party suggested that polygamy played a role [Le Monde report, in French] by leaving many children without a father figure in overcrowded conditions. BBC News has more.


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Post reporter Woodward testifies in CIA leak case
Chris Buell on November 16, 2005 4:43 PM ET

[JURIST] Washington Post reporter Bob Woodward [Wikipedia profile] disclosed Wednesday that he testified earlier this week before a federal grand jury that he was told the identity of CIA operative Valerie Plame several weeks before her identity was published, evidence that prosecutors are continuing to investigate the leak of Plame's identity. Woodward's statement [text] comes more than two weeks after Special Prosecutor Patrick Fitzgerald [official website] announced the indictment of I. Lewis "Scooter" Libby [PDF text; JURIST report], former chief of staff to Vice President Cheney, for perjury and obstruction of justice. Woodward said he testified about interviews with three administration officials, one of whom was Libby. Although he did not name the other two officials, Woodward said that he was told of Plame's identity [AP report] by an official other than Libby. Woodward said he was contacted by Fitzgerald after one of the officials whom he interviewed told Fitzgerald about the meeting. He said the mention of Plame was "casual and offhand." Fitzgerald has been investigating the disclosure [JURIST news archive] of Plame's identity, which was ultimately published by columnist Robert Novak on July 14, 2003. Plame's husband, Joseph Wilson, had alleged that the Bush administration intentionally released her identity after he criticized its use of intelligence in the run up to the Iraq war. Reuters has more.


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Iran court upholds acquittal in Kazemi murder, orders case reopened
Jeannie Shawl on November 16, 2005 3:35 PM ET

[JURIST] An Iranian appeals court has upheld [AFP report] the acquittal [JURIST report] of the intelligence agent who was accused of murdering Iranian-Canadian photojournalist Zahra Kazemi [CBC backgrounder], lawyers said Wednesday. Kazemi died in 2003, while being detained for photographing a demonstration outside a Tehran prison; evidence of torture and rape surfaced after her death [JURIST report]. Mohammad Reza Aghdam Ahmadi, the intelligence agent accused of Kazemi's murder, was acquitted last year and her family supported his innocence through the appeals process, claiming that a judiciary officer is the real murderer and alleging a cover-up by the government. In addition to upholding Ahmadi's acquittal, the court also ordered that the case be reopened, due to the possibility that other people were involved in Kazemi's death. The case has severely strained relations between Iran and Canada. Earlier this year, Iran denied Canada's demands for her body [JURIST report], saying Canada had no authority since Iran does not recognize dual nationality. CBC News has more. From Iran, IRNA has local coverage.
Previously in JURIST's Paper Chase...


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Three Iraqis charged in plot to kill former PM
Krista-Ann Staley on November 16, 2005 2:02 PM ET

[JURIST] A German court has charged three Iraqi German residents with conspiring to kill former Iraqi interim Prime Minister Ayad Allawi [JURIST news archive] and membership in a terrorist organization, federal prosecutors announced Wednesday. German authorities arrested [JURIST report] all three the morning of December 3, 2004, the day they planned to attack Allawi while he attended an event at a Deutsche Bank branch in downtown Berlin. Two of the men, identified only as Mazen A. H. and Rafik M. Y., are said to be members of the Kurdish militant group Ansar al Islam [Iraqi News profile], while the third, Ata R., was described as a ringleader. Ata R. and Mazen A. H. face additional charges for fund-raising for the terrorist organization. According to a spokeswoman for the prosecutors, there is a maximum sentence of 10 years for membership in a terrorist organization, but no maximum for the conspiracy charge. AP has more.


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Internet governance summit opens as oversight agreement reached
Krista-Ann Staley on November 16, 2005 1:09 PM ET

[JURIST] The UN's World Summit on the Information Society [official website] opened Wednesday in Tunisia as participants reached an 11th-hour agreement on a draft declaration [PDF text] which will leave the US-based Internet Corporation for Assigned Names and Numbers (ICANN) [official website] in charge of overseeing the main computers that control Internet traffic. Pakistan and other countries had called for the UN or another international body to assume responsibility for the system, but ultimately agreed to create an international forum where Internet issues can be raised. The Internet Governance Forum would begin operating next year, but would not have binding authority. The draft declaration is expected to be ratified by the end of the three-day summit. UN Secretary-General Kofi Annan opened the summit by calling [statement text] for participants to focus on the needs of developing countries and outline a specific plan to provide information and communication technologies to the world's poor. AP has more.
Meanwhile, three UN human rights experts on Wednesday took an opportunity during the summit to urge Tunisia, the summit's controversial host [JURIST report], to improve its record on human rights. Hina Jilani [UN mandate], Secretary-General Kofi Annan's Special Representative on human rights defenders, Ambeyi Ligabo [UN mandate], the Special Rapporteur on the right to freedom of opinion and expression of the UN Commission on Human Rights, and Leandro Despouy, the Commission's Special Rapporteur on the independence of judge's and lawyers, voiced "profound concern" about numerous attacks on organizations, individuals and judges for raising human rights issues in public. According to the experts, the Tunisian government has also systematically banned labor unions, human rights organizations, and meetings among journalists, judges and attorneys. The UN News Centre has more.


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International brief ~ Former Indonesian elections chief guilty on corruption charges
D. Wes Rist on November 16, 2005 8:22 AM ET

[JURIST] Leading Wednesday's international brief, Former Indonesian acting secretary-general of the General Elections Commission (KPU) [official website in Bahasa Indonesian] Sussongko Sahardjo has been found guilty on charges of corruption and bribery [JURIST report] and is facing sentencing that could result in nearly 13 years incarceration. Prosecutors from Indonesia's Corruption Eradication Commission (KPK) [official website in Bahasa Indonesian] asked the Anti-Corruption Court to sentence Sahardjo to the maximum allowed punishment, including compensation to the government, which, if Sahardjo and his co-defendant cannot pay, would result in four years extra incarceration above the eight years already requested. The court has not specified when it will release its sentencing ruling. JURIST's Paper Chase has continuing coverage of Indonesia [JURIST news archive]. The Jakarta Post has local coverage.
In other international legal news ... - The National Elections Commission of Liberia [official website] reported that a preliminary tally of votes cast in the November 8 presidential election has been completed and has put Ellen Johnson-Sirleaf [party profile] of the Unity Party in the lead with 59.4 percent of the vote. If confirmed as President, Johnson-Sirleaf will be the first female head-of-state on the African continent. The official certification of the vote will not occur until November 23 and the NEC has already announced that a public hearing will be held to investigate complaints from the Congress for Democratic Change party [official website], which has already demanded that the election results be overturned and has threatened to not seat any of its members of parliament if Johnson-Sirleaf is confirmed as president. Nearly thirty accredited international electoral observer missions [NEC list] watched the elections, and all of the reports released so far have praised the electoral process as fair, transparent, and peaceful. View the official NEC preliminary results. JURIST's Paper Chase has continuing coverage of Liberia [JURIST news archive]. The Liberian Times has local coverage.


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Justice Department backs plans to split Ninth Circuit
Sara R. Parsowith on November 16, 2005 8:09 AM ET

[JURIST] The US Department of Justice [official website] said Tuesday that it is backing an attempt by congressional Republicans to split up the largest federal appeals court in the US, the US Court of Appeals for the Ninth Circuit [official website], which currently covers 54 million people and has 28 judgeships. In a letter addressed to House Judiciary Committee Chairman James Sensenbrenner (R-WI) [official website] released Tuesday by Sen. Jon Ensign (R-NV), Assistant Attorney General William E. Moschella [White House profile] wrote that dividing up the Ninth Circuit would improve the administration of justice, saying that the size of the Ninth Circuit has lead to "serious administrative difficulties that have adversely affected its ability to render justice efficiently." Sensenbrenner introduced legislation [JURIST report] last month, the Federal Judgeship and Administrative Efficiency Act of 2005 [HR 4093 text], which would create a Ninth Circuit that would cover California, Hawaii and the Pacific Islands, and a new 12th Circuit covering Alaska, Washington, Oregon, Idaho, Montana, Nevada and Arizona. House Republicans are moving to fast-track the bill by adding it to a pending deficit-cutting bill. Sen. Dianne Feinstein, (D-CA) [official website] is in strong opposition to breaking up the circuit and has asked Senate Judiciary Committee Chairman Arlen Specter (R-PA) [official website] to assert jurisdiction over the issue and argue against including it in the budget-cutting bill. A Senate Judiciary subcommittee held a hearing on the issue last month [JURIST report] but the full committee has not yet considered a similar circuit-splitting proposal [S. 1301 bill summary] offered by Ensign and Sen. Lisa Murkowski (R-AL). AP has more.
11:54 AM ET - Read the DOJ letter [PDF text, via How Appealing] to Sensenbrenner endorsing a split of the Ninth Circuit.


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