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Legal news from Thursday, March 2, 2006 |
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Guantanamo detainee continues tribunal boycott, protests 'enemy' defense lawyer
Cathy J. Potter on March 2, 2006 7:32 PM ET

[JURIST] Ali Hamza Ahmad Sulayman al Bahlul [Wikipedia profile], a Guantanamo detainee from Yemen charged [charge sheet, PDF] with conspiring to commit murder, to attack civilians and civilian objects, and terrorism, boycotted [JURIST report] his military commission hearing again Thursday, this time on the grounds that the attorney appointed to defend him, US Army Major Tom Fleener [Wikipedia profile], is his enemy and cannot represent him. It was not immediately clear how the impasse would be resolved. Fleener voiced concern about violating legal ethics by forcing representation on al Bahlul and said he would try to go to Yemen to find him a lawyer.
Today's boycott occurs against the backdrop of continuing criticism of the military commission process [JURIST news archive]. Fleener himself has described the trials as "shams" and presiding judge Col. Peter E. Brownback has said he will review evidence [JURIST report] to determine whether it was obtained by torture before ruling on its admissibility. The US Supreme Court is scheduled to hear oral arguments March 28 in Hamdan v Rumsfeld [certiorari petition PDF; JURIST report], a case that challenges the President's authority to create military tribunals to try terrorist detainees. AP has more.


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Lobbying reform bill goes to full Senate absent ethics office provision
Joshua Pantesco on March 2, 2006 3:58 PM ET

[JURIST] The US Senate Homeland Security and Governmental Affairs Committee [official website] voted 12-1 Thursday to send a lobbying oversight bill to the full Senate, but the bill was stripped of a provision establishing an independent office with oversight over congressional ethics issues. The Lobbying Transparency and Accountability Act of 2005 [full draft text; advocacy group summary] as approved would expand the definition of a lobbyist to include grassroots lobbyists, demand quarterly expense reports of all lobbyists, and require the disclosure of all campaign contributions from lobbyists to candidates.
Bill co-sponsor Sen. Joe Lieberman (D-CT) [official website] read a statement [text] supporting the inclusion of the oversight office provision within the text of the full Senate bill. He explained: It would establish, as the Chairman has mentioned, an independent Office of Public Integrity with a full time executive director with investigative and subpoena powers and the staff to do a lot more than is done under the status quo. It would require lobbyists to report their activities on a quarterly basis, rather than semi-annually, and establish an electronic database of the information. Our proposal for the first time would require registered lobbyists to report all their campaign contributions, as well as other contributions that honor Members of Congress, all in the interest of full disclosure. And it would increase from one year to two the amount of time that must pass before a former Member of Congress or senior executive branch official could lobby his or her former colleagues. It would also bar Congressional staff from lobbying the entire Congress for one year. Lieberman noted that recent scandals involving former lobbyist Jack Abramoff [JURIST news archive] had motivated the legislation. During full Senate hearings on the issue, a combination of an ethics reform proposal [JURIST report] approved by a separate Senate committee on Wednesday and the lobbying oversight bill will likely be considered. AP has more.


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Libya releases 130 political prisoners, including Muslim Brotherhood members
James M Yoch Jr on March 2, 2006 2:44 PM ET

[JURIST] Libya freed 130 political prisoners [AI press release] on Thursday, among them 85 members of the Islamist opposition group Muslim Brotherhood [Wikipedia backgounder], some of whom have been held since 1998. In 2002, the now-abolished People's Court sentenced the Brotherhood members for treason for participating in unauthorized political activity, which is a serious crime in Libya. The court sentenced two of the prisoners to death, 73 to life in prison, and 11 to 10 years, while 66 were acquitted.
The prisoners began a hunger strike [JURIST report] in January protesting their incarceration. They were previously assured of their eventual release [JURIST report] by an influential and reform-minded son of Libyan leader Colonel Muhamar Gaddafi [BBC profile] last year, but the Libyan government waited until now to grant the releases. Aljazeera has more. BBC has additional coverage.


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DOJ sues New York over noncompliance with voting reform law
Holly Manges Jones on March 2, 2006 12:02 PM ET

[JURIST] The US Department of Justice [official website] Thursday sued [DOJ press release] the state of New York for violating the federal Help America Vote Act (HAVA) [text] by not developing voting systems that enable disabled voters easier access to cast their ballots and by not implementing a statewide computerized voter registration database. HAVA, which was passed in 2002, gave states three years to comply with the law's regulations and New York was one of numerous states that did not meet the set deadline [JURIST report] of January 1, 2006. The Justice Department's Civil Rights Division [official website] has asserted that it visited states in order to assess their HAVA implementation efforts and repeatedly requested that New York voluntarily come into compliance.
The government's suit, which follows an earlier threat to sue the state [JURIST report], alleges that the state accepted $221 million to aid in the mandated changes, including over $49 million to replace New York's current lever voting machines, but that the state did not use the money to meet the law's provisions. If New York does not update its machines by the September 2006 primary elections, it could lose the funding. The complaint, filed in the US District Court for the Northern District of New York [official website], petitions the court to order the state to submit a plan on how it will come into compliance with the voter law. Read the DOJ press release.


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Patriot Act renewal goes forward in US Senate
Jeannie Shawl on March 2, 2006 9:00 AM ET

[JURIST] The US Senate [official website] has voted to accept changes to legislation that would renew the USA PATRIOT Act [PDF text; JURIST news archive], setting the stage for a final vote Thursday to authorize the renewal legislation. In one of several votes Wednesday, the Senate voted 95-4 [roll call vote] to approve a series of amendments [bill summary] to the USA PATRIOT and Terrorism Prevention Reauthorization Act of 2005 [bill summary]. The amendments reflect a compromise agreement [PDF summary; JURIST report] reached by four holdout Republican senators with the White House. Sixteen key provisions [DOJ report, PDF] of the Patriot Act were set to expire at the end of last year, but members of Congress were unable to reach an agreement [JURIST report] on a long-term extension before Christmas and instead have passed two short-term extensions [JURIST report] keeping the provisions in force until March 10. The US House of Representatives and the White House had backed the renewal proposal in December's conference report [PDF text], but Senate Democrats, joined by the four Republicans, refused to agree, calling for more civil liberties protections to be incorporated into the renewal.
Also Wednesday, the Senate voted 84-15 [roll call vote] to limit debate on the reauthorization bill, cutting off the filibuster from Sen. Russ Feingold (D-MI) [official website], who accepted defeat [floor statement; recorded audio] Wednesday, saying "the dye has now been cast." Before ceding the floor, Feingold read the text of several resolutions passed by states in opposition to the renewal of the Patriot Act, and also read the full text of the US Constitution and Bill of Rights. After the Senate votes to approve the renewal legislation, expected Thursday, the bill will go to the US House of Representatives [official website], where approval is also expected. President Bush must then sign the bill before it can take effect.
The debate on the Patriot Act may not be over, however, as several senators, including Judiciary Committee Chairman Arlen Specter (R-PA) [official website], ranking Democrat on the Judiciary Committee Patrick Leahy (D-VT) [official website], and Feingold have announced plans to introduce legislation [Leahy statement] that would add further civil liberties safeguards to the Patriot Act and the Reauthorization Act. Specter has also said that he will hold additional committee hearings on the subject. AP has more.


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Blair 'hopes' for Guantanamo closure
Tatyana Margolin on March 2, 2006 4:49 AM ET

[JURIST Europe] UK Prime Minister Tony Blair [official profile] told the British House of Commons Wednesday that he hopes the US will close its much-criticized detention camp at Guantanamo Bay [JURIST news archive], but measured his words by adding that the US had justifiably opened it in response to the September 11 attacks. He referred to what he called a "judicial process" that could provide a means of closing the camp, presumably referring to the adjudication of cases involving current detainees. Blair was sharply criticized last month in the wake of the release of a scathing UN report [text, PDF] on the prison after he said it was an "anomaly" that had to be "dealt with" [JURIST report] but did follow other world leaders in actually calling for it to be shut down. The Guardian has local coverage.
Also Wednesday, Blairs wife Cherie Booth [Wikipedia profile], a human rights lawyer, condemned all practices that have incorporated torture in the name of the war on terror in a speech at Chatham House [press release], a British international affairs think-tank. Her remarks come in the wake of an Amnesty International report [official text] about the UK's human rights abuses in the fight against terrorism. Although Booth did not mention Guantanamo Bay specifically, she derided several practices that the US government has allegedly committed at Guantanamo, such as obtaining forced confessions from detainees through torture. The Independent has local coverage. AP has more.
Tatyana Margolin is an Associate Editor for JURIST Europe, reporting European legal news from a European perspective. She is based in the UK.


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Most bodies in Baghdad morgue show signs of torture, execution: UN rights official
Angela Onikepe on March 2, 2006 4:42 AM ET

[JURIST] The former head of the Human Rights Office [official website] at the UN Assistance Mission in Iraq [official website] has told the BBC that extra-judicial killings and torture have become "endemic" in Iraq, and that up to 75% of bodies in the Baghdad morgue show signs of torture or execution. John Pace, a diplomat from Malta, said that most of the killings were connected to Shiite militias directed by Bayan Jabr, a prominent member of the the Supreme Council for the Islamic Revolution in Iraq [FAS backgrounder].
Pace also said that staff at the Baghdad mortuary face regular threats aimed at stopping autopsies and suppressing evidence, and that morgue director Faik Amin Bakir had fled the country after submitting a report identifying more than 7,000 killings caused by death squads, some of which operate within the Iraqi police. BBC News has more. The Guardian has additional coverage. In an interview with the Times of Malta last week, Pace said the US was "aware" of torture taking place in Iraq prisons, estimated that in December 400 of 780 bodies brought into the Baghdad morgue had gunshot wounds or wounds caused by electric drills, and said that non-existence of law and order has left Iraqi society without any protection.


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Guantanamo tribunal to review whether evidence obtained by torture
Angela Onikepe on March 2, 2006 4:22 AM ET

[JURIST] For the first time since the Guantanamo Bay war crimes tribunals convened in August 2004, a presiding military judge has said that he will examine potential evidence to determine if it was obtained through torture before ruling on admissibility. Presiding judge Col. Peter Brownback discussed the issue at a pre-trial hearing [JURIST report] for detainee Ali Hamza al Bahlul [charge sheet, PDF; DOD materials], who has admitted to being a member of the terrorist organization al Qaeda. Bahlul is charged with making recruiting videos and serving as a bodyguard for Osama bin Laden [JURIST news archive]. Brownback addressed questions raised by Bahlul's military lawyer, Army Maj. Tom Fleener, and asserted that although he personally does not believe evidence obtained from torture should be acceptable, he will still exercise careful consideration of the evidence.
The military commissions [JURIST news archive; DOD materials] have many critics [Reuters report], including Fleener, who has described the trials as "shams." Preliminary hearings in Bahlul's case continue despite a pending ruling [JURIST report] from a US Supreme Court [judicial website] case examining whether President George W. Bush [official profile] possessed the authority to create military tribunals to try terrorist detainees. Bahlul refused to participate [AP report] in Wednesday's hearing, saying that he would not receive a fair trial. At a hearing [JURIST report] in January, Bahlul held up a sign reading "boycott" in Arabic, and though he attended part of proceedings Wednesday, he told Brownback that his presence did mean that he had abandoned his intention to boycott the trial. Reuters has more.


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