[JURIST] US Vice President Dick Cheney offered a forceful defense of the NSA warrantless surveillance program [JURIST news archive] in use since the September 11 terrorist attacks in an address [recorded audio; White House transcript] to a Heritage Foundation audience in Washington Wednesday. Cheney said the wiretaps do not violate American civil liberties and are tools used to help prevent future terrorist attacks. While emphasizing that President Bush is committed to protecting civil liberties, the Vice-President added:

there is no communications more important to the safety of the United States than those related to al Qaeda that have one end in the United States. If we'd been able to do this before 9/11, we might have been able to pick up on two of the hijackers who flew a jet into the Pentagon.

[JURIST] With Senate confirmation hearings for US Supreme Court nominee Samuel Alito [JURIST news archive] scheduled to begin Monday [JURIST report], more interest groups and other organizations are voicing their views on the nomination. The Alliance for Justice [advocacy website] released a 168 page report [PDF] Wednesday chronicling Alito's decision-making history, concluding that his opinions would "drive the Supreme Court sharply to the right." Other liberal groups, including the AFL-CIO and the NAACP, announced [JURIST report] Tuesday that they are preparing a series of television ads critical of Alito's credibility and integrity. In contrast, a group of appellate attorneys, former DOJ prosecutors, and law professors have signed a letter [PDF] in praise of his "fair, thoughtful, and rigorous opinions."

[JURIST] A Human Rights Watch (HRW) [advocacy website] official, testifying Wednesday before the European Parliament's Subcommittee on Human Rights [official website], said that a "very credible" source has informed HRW of a third alleged US detention facility located in a yet-unnamed European Union country. HRW will reveal the location of the facility after confirming its existence with a "surprise visit." The European Parliament [official website] is investigating [JURIST report] HRW's allegations [HRW backgrounder] of secret CIA detention facilities in Poland and Romania. AP has more.

[JURIST] AP is reporting that the US Supreme Court has ordered that Jose Padilla [JURIST news archive] be transferred from military to civilian custody. Padilla was detained over three years ago for allegedly planning to detonate a radioactive "dirty bomb" in the US, but was not charged until November 2005, when he was indicted [JURIST report] on 11 unrelated counts, including conspiracy to murder US nationals and providing material support to terrorists. The US Court of Appeals for the Fourth Circuit in December denied the Bush administration's request [JURIST report] to transfer Padilla to civilian custody for purposes of his prosecution, and the Department of Justice appealed [JURIST report] the decision [PDF text] to the Supreme Court, saying the appeals court had usurped the President's authority to direct the war on terror.

4:33 PM ET - Though the Supreme Court overruled the Fourth Circuit on the transfer decision, justices have not yet decided whether to hear Padilla's challenge to his detention in military custody. Before being charged, Padilla had challenged his indefinite detention as a military combatant. The Fourth Circuit ruled [opinion, PDF; JURIST report] in September 2005 that Padilla could be held without charge indefinitely. The decision has been appealed to the Supreme Court [JURIST report], but a decision on certiorari has not yet been made. AP has more.

6:30 PM ET - The Supreme Court's one-page order on transfer, describing the procedural context but giving no reasons, is now online here [PDF].

[JURIST] Amnesty International (AI) [advocacy website] Wednesday accused [press release] Thai security forces of using "harsh or inadaquate counter-measures" in their response to Islamist/separatist terror attacks in the southern provinces of the predominantly-Buddist country. According to AI, the Thai government has allowed troops to arbitrarily detain terrorist suspects, often without access to a lawyer or interpreter, and has failed to prevent the use of torture and "excessive lethal force" in their campaign to end the violence that has claimed over 1000 lives since 2004. The government declared martial law in the area in January 2004, initially blaming street gangs and criminal elements for attacks including a bombing of a Buddhist temple [BBC report], arson attacks on schools [UNICEF report], and the killing of 21 police officers in 2005. Read more about the Thailand Islamic insurgency [GlobalSecurity.org backgrounder]. The Financial Times has more.

[JURIST] The government of Eritrea [BBC backgrounder] has accepted an international panel's conclusion that it violated international law [EECC findings, PDF] when it invaded Ethiopia in May 1998, precipitating a two-year war. The Eritrea-Ethiopia Claims Commission (EECC) [backgrounder] concluded [BBC report] in December that Eritrea launched the attacks that sparked the 1998-2000 war which claimed the lives of 80,000 and caused massive damage to both countries. The Hague-based EECC was formed after the war ended and is comprised of five international lawyers chosen by both countries. Eritrea is now bound to compensate Ethiopia for damages caused by the legal violation. Eritrea's Foreign Ministry said Tuesday it would honor the ruling but will continue to disagree with the conclusion. Eritrea blames the war on Ethiopia's aggression and on its refusal to accept an earlier border ruling [PDF text] by the UN's Eritrea-Ethiopia Boundary Commission (EEBC) [official website] that allocated the region of Badme to Eritrea. Aljazeera has more.

[JURIST] Syrian diplomats announced Wednesday that Foreign Minister Farouq al-Shara will speak with the UN commission investigating the killing of former Lebanese Prime Minister Rafik Hariri [JURIST news archive], as requested [JURIST report] by outgoing investigation head Detlev Mehlis on Monday. A Syrian official said [JURIST report] Tuesday that Syrian President Bashar al-Assad [BBC profile] will refuse an interview request because the Syrian constitution provides sovereign immunity to the President in connection with all criminal investigations. UN Secretary-General Kofi Annan's spokesperson said during Tuesday's noon briefing [summary] that Annan expects Al-Assad to cooperate with the commission, and the US has reminded Syria of the resolution [text] passed by the UN Security Council [official website] last October threatening "further action" against Syria if the country resisted the investigation. AP has more.

[JURIST] A US-based Sikh group has announced Tuesday that it will use EU anti-discrimination law to challenge a current French law [JURIST report] banning religious dress [JURIST news archive], including Sikh turbans, in state schools. United Sikhs [advocacy website] claims that the law is racially discriminatory in regards to Sikh turbans, stating that "Sikh turbans were not religious in nature but derived from the 'ethnic character of the Sikh community.'" The law has been a subject of controversy since its 2004 inception, especially among the French Muslim population, who were barred from wearing headscarfs. In November 2004 three Sikh boys were expelled [JURIST report] from a school outside Paris for wearing turbans. AFP has more.

[JURIST] The European Union [official website] Wednesday condemned a court decision in Belarus [JURIST archive] imposing harsh penalties on a leading human rights group. The Belarussian Helsinki Committee (BHC) [official website] had been fined for alleged unpaid taxes on money received from the EU TACIS Program [EU backgrounder] and its chairwoman and chief accountant have been threatened with criminal prosecution The EU fears the allegations are politically motivated and reaffirmed its support for the work of the BHC, which it says works to promote OSCE principles in Belarus. Last month, the Organization for Security and Cooperation in Europe [official website] expressed concern [press release] about restrictive legislation added to Belarus' Criminal Code to curb dissent [JURIST report]. Radio Free Europe has more.

[JURIST] As anticipated [JURIST report], former Washington lobbyist Jack Abramoff on Wednesday [JURIST news archive] pleaded guilty [DOJ press release] in federal court in Florida to two conspiracy and fraud charges stemming from the 2000 purchase of the SunCruz Casino [corporate website] by Abramoff and partners. Abramoff initially pleaded guilty [JURIST report; DOJ press release] to the charges in August, but after the DOJ investigation revealed more connections [JURIST report] between Abramoff and public officials than anticipated, he negotiated a plea agreement [PDF text] with federal prosecutors that would reduce his punishment in exchange for favorable testimony in future DOJ corruption cases. His plea bargain calls for a maximum seven-year sentence, to be reduced depending on the quality of information he produces regarding his dealings with members of Congress, and would run concurrently with the sentence he receives in connection with Tuesday's guilty plea [JURIST report] on separate charges. The DOJ is reportedly investigating Abramoff's ties with former house majority leader Tom DeLay (R-TX) [official website; JURIST news archive], Rep. Bob Ney (R-OH) [official website], Rep. John Doolittle (R-CA) [official website], Sen. Conrad Burns (R-MT) [official website], 17 current and former congressional aides, and two former Bush administration officials in the Interior Department and government procurement office. AP has more.

[JURIST] A statement [JURIST document] made by President Bush when he signed the 2006 defense spending bill [JURIST report] last week allows Bush to bypass the law's ban on torture under his commander in chief powers, the Boston Globe reported Wednesday. A senior administration official told the Globe that Bush's comments could be used to justify the torture of a terror detainee under extreme circumstances, such as a "ticking bomb" scenario. The spending bill contains the Detainee Treatment Act of 2005, which incorporates the so-called McCain Amendment [JURIST document] banning the cruel and inhumane treatment of detainees and the so-called Graham-Levin Amendment [JURIST document], limiting habeas jurisdiction for claims by enemy combatants. In his signing statement, a routine document that explains the President's interpretation of new law, Bush said:

The executive branch shall construe Title X in Division A of the Act, relating to detainees, in a manner consistent with the constitutional authority of the President to supervise the unitary executive branch and as Commander in Chief and consistent with the constitutional limitations on the judicial power, which will assist in achieving the shared objective of the Congress and the President, evidenced in Title X, of protecting the American people from further terrorist attacks. Further, in light of the principles enunciated by the Supreme Court of the United States in 2001 in Alexander v. Sandoval, and noting that the text and structure of Title X do not create a private right of action to enforce Title X, the executive branch shall construe Title X not to create a private right of action.

[JURIST] Victims of sexual abuse by Roman Catholic Archdiocese of Boston [official website] priests have rejected an archdiocese settlement offer [JURIST report], lawyers said Tuesday. The proposal, which came late last month, offered average payments of $75,000 per person, and lawyers involved in the case called the payments "cruel" and "demeaning" compared to a 2003 settlement which offered average payments of $153,000 per person. The archdiocese says that it cannot afford to pay the new plaintiffs as much as before because its financial condition has deteriorated since the 2003 lawsuit over clergy sex abuse [JURIST news archive]. Reuters has more.

[JURIST] A group of Ethiopian opposition members charged with treason, inciting violence and genocide appeared in court Wednesday, challenging the court's authority to hear their case, but Federal Court Judge Adil Ahmed ordered the case to proceed after denying the defendants bail. 131 opposition politicians, reporters, and aid workers were arrested after street protests in July and November over parliamentary elections left 82 dead. The riots erupted during a protest against ballot fraud, organized by the Coalition of Unity and Democracy (CUD) [official website], Ethiopia's largest opposition party. CUD claims that the Ethiopian Peoples Revolutionary Democratic Front rigged the vote and intimidated witnesses, a claim supported [JURIST report] by the European Union Election Observation Mission to Ethiopia 2005 [official website]. The opposition members have also been barred from meeting with their defense lawyers [JURIST report] and appeared without them in court. Under Ethiopian law, the sentence for the charge of treason is the death penalty. Adil adjourned the case until February 23 and ordered that defense lawyers be provided to those who could not afford them. Reuters has more.

[JURIST] An Alabama state judge on Tuesday granted summary judgment in a shareholder's lawsuit against Richard Scrushy [defense website; JURIST news archive], former CEO of HealthSouth [corporate website], and ordered Scrushy to return to the company more than $47.8 million in bonuses he received from 1997 to 2002. The lawsuit, filed before HealthSouth fraud charges were made public, alleged that Scrushy was unjustly enriched by accepting performance bonuses while the company was failing to meet the performance standards that triggered the bonuses. Though Scrushy was acquitted by a federal grand jury [JURIST report] last June of responsibility for HealthSouth's fraudulent accounting practices, the judge stated that "knowledge is immaterial to the law of unjust enrichment," and that even if Scrushy was unaware that the company was not actually meeting its financial targets, it would be "unconscionable" for Scrushy to keep the bonuses. Scrushy plans to appeal the ruling to the Alabama Supreme Court for lack of precedent. The ruling cited a previous case against Scrushy where he was ordered to repay HealthSouth $17 million for repaying a loan with inflated stock. The New York Times has more.

Previously in JURIST's Paper Chase...

• Scrushy, ex-Alabama governor indicted on new corruption charges
• Fraud claims dismissed against ex-HealthSouth CEO
• Ex-HealthSouth CEO pleads not guilty to corruption charges
• Former Alabama governor pleads not guilty to racketeering charges
• Former Alabama governor, ex-HealthSouth CEO indicted

[JURIST] French President Jacques Chirac [official profile] announced Wednesday that he will seek to overturn a controversial law regarding the teaching of France's colonial history. The law [text in French; Guardian report], approved in February 2005, requires French history teachers to stress "the positive role of the French colonialism, especially in North Africa". Chirac claims the law is dividing French people and instead should be rewritten with words to bring people together. More than 44,000 people have also signed a petition rejecting the colonial history law. The law has also caused tension with Algeria [JURIST news archive] with whom France [JURIST news archive] is working on a reconciliation treaty [JURIST report]. BBC News has more. Le Monde has local coverage.

[JURIST] The American Bar Association (ABA) [group website] on Wednesday announced [ABA materials] that Supreme Court nominee Samuel Alito [JURIST news archive] has received a "well-qualified" rating, the highest recommendation given by the ABA to judicial nominees. Alito previously received the "well-qualified" rating in 1990 as a candidate for the Third Circuit Court of Appeals seat he currently holds. Alito's confirmation hearings [JURIST report] before the Senate Judiciary Committee will begin Monday. Read the ABA explanation [PDF] of their Supreme Court nominee investigation process. AP has more.

[JURIST] Ugandan opposition leader and presidential challenger Dr. Kizza Besigye [BBC profile; JURIST news archive] appeared in court on Wednesday to face rape charges. His lawyers cross-examined Joanita Kyakuwa who claims that she was raped twice by Besigye, in 1997 and 1998. Besigye has denied the charges [JURIST report]. Besigye, who also faces charges of treason and terrorism, was released on bail Monday [JURIST report] by the Ugandan High Court. Currently in a tight political race against President Yoweri Museveni [BBC profile], Besigye claims these charges are politically motivated. The rape trial is scheduled to continue on Friday when his treason trial is also set to begin. BBC News has more.

[JURIST] The Rhode Island House of Representatives voted [RI press release] 59-13 on Tuesday in favor of overriding the veto of Gov. Don Carcieri [official website] of a bill [text] legalizing the prescription of marijuana to seriously ill patients. The law, effective immediately, allows critically ill people to grow as many as 12 plants, or to purchase as much as 2.5 ounces of marijuana, with a doctor's permission as needed to treat their symptoms. Though advocates say the bill is good news for AIDS and cancer patients, Carcieri cautioned that the bill fails to provide legal users with legal sources of the drug, and potentially exposes Rhode Island citizens to federal convictions. The US Supreme Court issued a 6-3 decision last June in Gonzales v. Raich [Duke Law backgrounder; text] that validated the power of Congress to criminalize the use and growth of medical marijuana for medical reasons with a doctor's approval, citing a broad reading of the commerce clause in support of its decision. Ten other states - Alaska, California, Colorado, Hawaii, Maine, Montana, Nevada, Oregon, Vermont and Washington - have also legalized medical marijuana [JURIST news archive]. AP has more.

[JURIST] Libyan human rights group Human Rights Solidarity (HRS) [advocacy website] said Tuesday that 131 political dissidents affiliated with the Muslim Brotherhood opposition group [Wikipedia profile] have begun a hunger strike in a Tripoli prison to draw attention to a previous government promise to release them. The prisoners were assured of their eventual release [JURIST report] by an influential and reform-minded son of Libyan leader Colonel Muhamar Gaddaffi [BBC profile] last August, but the government has yet to act. The activists were charged with treason for participating in political activity unauthorized by the government; in Libya, political parties are illegal and opposing the government is a serious crime. According to HRS, a Libyan court hearing the treason charges in 2002 sentenced two of the prisoners to death, 73 to life in prison, and 11 to 10 years, while 66 were acquitted. In April 2004, Amnesty International criticized Libya's human rights record in a report [text] that demanded the government improve its conduct. AP has more.

[JURIST] Cambodian police Wednesday arrested the vice-director of the Cambodian Center for Human Rights (CCHR) [advocacy website] after arresting the president of the group [BBC report] and a CCHR lawyer last weekend. No charges have been filed in the latest arrest, though the police charged the president with defamation in connection with a banner he held at a rally last month that accused Cambodian Prime Minister Hun Sen [BBC profile] of being a communist and a traitor. A US Department of State [official website] spokesperson has condemned the arrests [press briefing transcript], saying "this is the latest in a series of arrests and lawsuits targeting critics of the Cambodian government and the cumulative effect of which is to call into question the Cambodian government's commitment to democracy and human rights." Last month, the UN envoy to Cambodia [JURIST news archive] criticized [JURIST report] the country's human rights record and called for the UN to persuade the government to comply with UN standards [UN human rights website]. Reuters has more.

[JURIST] President Bush addressed [White House transcript] a group of federal prosecutors on Tuesday, outlining his argument in favor of passing a long-term reauthorization of the USA Patriot Act [JURIST news archive]. Bush reluctantly signed a one-month authorization [JURIST report] of the legislation last Friday and hopes to sign legislation soon that will permanently extend provisions of the Act that were set to expire on December 31. Unable to reach agreement on a long-term extension of Patriot Act powers, Congress passed the one-month extension [JURIST report] amidst controversy over the proper balance between security and civil liberties concerns. In his remarks Tuesday, Bush emphasized the security benefits of the Act, calling the Patriot Act "a really important tool" for protection of the American people and urging Congress to give the administration "the tools necessary" to win the war on terror. The Department of Justice (DOJ) [official website] has identified 16 key provisions of the Act [DOJ report, PDF] that were included in the renewal legislation, which expires on February 3. AP has more.

[JURIST] The US Department of Justice (DOJ) [official website] on Tuesday filed notice with federal judges overseeing the habeas corpus petitions of Guantanamo Bay detainees [JURIST news archive] informing them that a provision in Title X of the defense spending bill [text] signed into law last week [JURIST report] strips federal courts of jurisdiction to hear the detainees' challenges. The DOJ plans to file formal dismissal notices within the next few days in each of the estimated 160 cases that have been filed on behalf of over 300 prisoners. In its 2004 decision in Hamdi v. Rumsfeld [opinion text], the Supreme Court held that the Guantanamo Bay naval base, where many prisoners of the war on terror are being held indefinitely without charge, is within the jurisdiction of the United States, which means that prisoners are allowed under statute to file habeas corpus petitions in federal court challenging their detentions. The 2006 spending bill, however, contained the so-called Graham-Levin Amendment [JURIST document] limiting habeas jurisdiction for claims by enemy combatants. In sponsoring the amendment, Sen. Lindsey Graham (R-SC) [official website] argued that the detainees' petitions were frivolous and a waste of judicial resources. The New York Times has more.

[JURIST] In the weeks following the Sept. 11 attacks, the National Security Agency [official website] expanded its domestic surveillance [JURIST news archive] program without formal authorization from President Bush, documents released Tuesday revealed. According to an October 2001 letter [text] released by House Minority Leader Nancy Pelosi [official website], after being briefed with other members of the House and Senate Intelligence Committees Pelosi expressed concern [AP report] to Lt. Gen. Michael Hayden, then director of the NSA, over the agency's legal authority to conduct expanded domestic eavesdropping to identify terror suspects in the US. Pelosi wrote to Hayden:

During your appearance before the committee on October 1, you indicated that you had been operating since the September 11 attacks with an expansive view of your authorities with respect to the conduct of electronic surveillance under the Foreign Intelligence Surveillance Act and related statutes, orders, regulations, and guidelines. ...

... I am concerned whether, and to what extent, the National Security Agency has received specific presidential authorization for the operations you are conducting. Until I understand better the legal analysis regarding the sufficiency of the authority which underlies your decision on the appropriate way to proceed on this matter, I will continue to be concerned.

[JURIST] The newly elected Dover Area School District [official website] school board on Tuesday evening unanimously voted to rescind the district's policy of teaching intelligent design theory [Natural History backgrounder] as an alternative to evolution in high school science classes. The vote follows last month's federal court ruling [PDF text; JURIST report] that the policy, approved in October 2004, was an unconstitutional violation of the Establishment Clause. Last November, voters in the Pennsylvania school district ousted eight members of the school board [JURIST report], replacing them with members opposed to the teaching of intelligent design. AP has more.

Previously in JURIST's Paper Chase...

• Federal judge rules against 'intelligent design' in public schools
• Robertson says PA town ousting intelligent design school board spurned God
• Kansas school board approves intelligent design approach to evolution
• Pennsylvania intelligent design trial ends
• Federal trial begins in challenge to 'intelligent design' theory
• ACLU to file first lawsuit against teaching of "intelligent design" creationism