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Legal news from Saturday, February 4, 2006 |
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Proposal to evict Souter in retaliation for eminent domain ruling rejected
Jaime Jansen on February 4, 2006 4:14 PM ET

[JURIST] Residents of Weare, New Hampshire [official website], the town where Justice David Souter [Oyez profile] of the US Supreme Court owns a farmhouse, rejected a proposal [2006 Town Warrant, Article 48, PDF] to evict Souter in a town meeting Saturday, and instead substituted a call for the state legislature to strengthen state law on eminent domain [JURIST news archive]. The proposal asked whether the town should take Souters farmhouse for development as an inn; whether to set up a trust fund to accept donations for legal expenses; and whether to set up a second trust fund to accept donations to compensate Souter for taking his land. Residents voted 94-59 by secret ballot to add the word not to the proposal put forth by a group of residents who petitioned to take away Souters home by eminent domain for the so called Lost Liberty Hotel [backgrounder]. Some residents protested [JURIST report] outside of Souter's home in January, but most residents of Weare primarily viewed the proposal as a vengeance campaign, led by Californian Logan Darrow Clements [campaign website], in response to the Court's 2005 decision in Kelo v. City of New London [opinion], which allowed a local government to take private property to develop a hotel, convention center, office space and condominiums. AP has more.


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Muslim cartoon protestors burn Danish, Norwegian embassies in Syria
Jaime Jansen on February 4, 2006 3:34 PM ET

[JURIST] Muslim Syrians set fire to both the Norwegian and Danish embassies in Damascus Saturday, protesting the European publication of cartoons depicting the Prophet Muhammad and caricaturing him as a terrorist. Protestors first stormed the Danish embassy chanting "God is great," then moved on to the Norwegian embassy. Police fired tear gas into the crowd at the Norwegian embassy in an unsuccessful attempt to prevent the protestors from setting it ablaze. The Danish government has urged all of its nationals in Syria to leave the country immediately and has condemned Syria for failing to protect the embassy, as it's obligated to do under international law. Originally published by the Jylklands-Posten newspaper in Denmark in September and then reprinted in Norway and then again this past week in other European newspapers [JURIST report], the cartoons have sparked Muslim outrage around the world - including diplomatic sanction, boycotts and death threats - because Islamic tradition bans any images of Muhammad. Newspaper editors have defended the publications as legal instances of free expression. Seventeen Arab nations have demanded that the Danish government punish the Danish newspaper Jyllands-Posten [media website, in Danish; controversy news archive, in English] for originally publishing the cartoons, while Danish Prime Minister Anders Fogh Rasmussen [official profile] has said he cannot apologize for the actions of newspapers. Jylklands-Posten has itself apologized [JP letter to readers] for causing any offense to Muslims, but maintains that their publication was legal under Danish law. Earlier this week, violence flared [JURIST report] when members of the Front for Defenders of Islam [MIPT backgrounder] stormed the Danish embassy in Jakarta and gunmen surrounded an EU office in Gaza. A South African court Friday became the first court to ban the national publication [AFP report] of the controversial cartoons, responding to a request by the local Council of Muslim Theologians. A top South African newspaper editor has already announced plans to challenge the decision. BBC News has more.


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MLK widow honored at Georgia Capitol
Jaime Jansen on February 4, 2006 3:17 PM ET

[JURIST] Coretta Scott King, widow of the late Martin Luther King, Jr. and herself a respected civil rights leader, was honored Saturday at the Georgia Capitol [backgrounder]. Capitol police estimate that as many as 10,000 people [Atlanta Journal-Constitution report] passed through the Capitol to pay their respects as she lay in state, waiting in line for over two hours. King, 78, passed away [King Center press release; JURIST report] Monday at an alternative medical clinic in Mexico. Georgia Governor Sonny Perdue [official website] escorted the casket into the Capitol building with Kings children, marking a sharp contrast to the funeral procession of Martin Luther King, Jr. in 1968, when then Governor Lester Maddox refused to authorize a public tribute. Listen to an excerpt [recorded audio] from a 1967 interview with Martin Luther King speaking about his wife's influence on him. AP has more. The Atlanta Journal-Constitution has local coverage.


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Federal appeals court releases parts of secret CIA leak opinion
Greg Sampson on February 4, 2006 10:52 AM ET

[JURIST] A formerly secret opinion released by the US DC Circuit Court of Appeals [official website] reveals that I. Lewis "Scooter" Libby [JURIST news archive], former Chief of Staff to Vice President Dick Cheney told prosecutors that the Vice President had informed him directly of the identity of Valerie Plame, at the center of the CIA leak investigation [JURIST news archive]. The opinion, initially a part of the court's February 15, 2005 ruling [text, PDF] that reporters Judith Miller and Matthew Cooper could be held in contempt for failing to testify before a grand jury, supports the indictment against Libby, which accuses him of lying about where he learned of Plame's identity. The order [PDF] for its release came as a result of a petition [JURIST report] by media company Dow Jones & Co. The court did not release the entire opinion, however, keeping portions that relate to the special prosecutor's ongoing investigation [JURIST report] secret. The New York Times has more.


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