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Legal news from Tuesday, June 20, 2006 |
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Judge temporarily blocks Louisiana violent video games law
Joe Shaulis on June 20, 2006 4:30 PM ET

[JURIST] A federal judge has temporarily blocked the enforcement of Louisiana's new law banning the sale of violent video games to minors. US District Judge James Brady [official profile] of the Middle District of Louisiana [official website] in Baton Rouge granted a temporary restraining order [PDF] requested by two industry groups, the Entertainment Software Association (ESA) [trade website] and the Entertainment Merchants Association (EMA) [trade website], which sued the state [press release] last week. The statute [text, PDF], which took effect when Gov. Kathleen Blanco (D) [official website] signed it on Friday, forbids the sale or rental of electronic games to anyone under age 18 if: (1) The average person, applying contemporary community standards, would find that the video or computer game, taken as a whole, appeals to the minor's morbid interest in violence. (2) The game depicts violence in a manner patently offensive to prevailing standards in the adult community with respect to what is suitable for minors. (3) The game, taken as a whole, lacks serious literary, artistic, political, or scientific value for minors. Anyone convicted of violating the law can be fined up to $2,000, sentenced to a year in prison, or both. The industry groups argue that the law violates the First Amendment's guarantee of free speech.
Judges have struck down similar laws as unconstitutional in Michigan, California and Illinois [JURIST reports], and the ESA sued Minnesota [press release] earlier this month. In Louisiana, Brady has scheduled a hearing for June 27 to consider whether to issue a preliminary injunction. Reuters has more.


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East Timor prosecutor-general issues warrant for former interior minister
Joe Shaulis on June 20, 2006 2:59 PM ET

[JURIST] The prosecutor-general of East Timor [JURIST news archive] has issued an arrest warrant for former Interior Minister Rogerio Lobato, accused of giving weapons to a rebel group that targeted opponents of Prime Minister Mari Alkatiri [official website; BBC profile]. The United Nations Office in East Timor [official website] said in a statement [text] that Lobato is suspected of supplying guns to the hit squad's leader, Vincente "Rai Los" da Concecao. In the statement, Sukehiro Hasegawa [official profile], the UN Secretary-General's special representative in East Timor, said: The action taken by the Office of the Prosecutor-General to Timor-Leste is a clear sign that the Timorese can carry out effectively their constitutionally mandated responsibility. The independence of the judiciary branch is key to re-asserting the rule of law in Timor-Leste. The ruling Fretelin party [Wikipedia backgrounder] said Tuesday that Lobato, the party's deputy leader, was at his home in the Timorese capital of Dili. In an interview to be broadcast on national television, Alkatiri denied having provided weapons to anyone and welcomed a UN investigation [JURIST report].
Also on Tuesday, the UN Security Council [official website] adopted a resolution extending the mandate of the UN office in East Timor through Aug. 20 [press release, including resolution text]. At least 30 people in East Timor have been killed in clashes between soldiers and police since Alkatiri fired 600 soldiers in March. The UN has sent more than 2,000 international peacekeepers, most from Australia, to Dili and has delivered supplies to house some of the 63,000 Timorese who have fled looting and violence. AP has more.


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Ex-White House official convicted of lying, obstruction in Abramoff probe
Joe Shaulis on June 20, 2006 1:40 PM ET

[JURIST] David Safavian [Wikipedia profile], former head of procurement for the US government, was convicted Tuesday of four of five felony charges stemming from the scandal surrounding former GOP lobbyist Jack Abramoff [JURIST news archive]. After five days of deliberations, a federal jury in Washington, DC, found Safavian guilty of obstructing an investigation by the General Services Administration [official website], two counts of making false statements to GSA officials, and making a false statement to the Senate Indian Affairs Committee [official website]. He was found not guilty of obstructing the Senate committee's investigation. Safavian, former administrator of the White House Office of Procurement Policy [official website] and chief of staff at the GSA, was under investigation [JURIST report] for a 2002 golf trip to Scotland that he took with Abramoff, who was allegedly trying to buy GSA property.
In their indictment [JURIST report], prosecutors accused Safavian of concealing the fact that he was helping Abramoff deal with the GSA and that Abramoff had done business with the GSA before the trip. Separately, Abramoff pleaded guilty [JURIST report] to conspiracy and fraud charges for falsifying documents to procure a loan for a casino purchase. He was sentenced to nearly six years in prison [JURIST report] and is cooperating with prosecutors in other government corruption investigations, including that of US Rep. Robert Ney (R-OH) [official website]. Safavian's trial is the first to result from the Abramoff scandal. His sentencing is scheduled for Oct. 12. AP has more. The Washington Post has local coverage.


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FBI botched pre-9/11 Moussaoui investigation at all levels: DOJ report
Jaime Jansen on June 20, 2006 11:19 AM ET

[JURIST] The Federal Bureau of Investigation encountered "numerous systemic problems" during its investigation of Zacarias Moussaoui [JURIST news archive] prior to the Sept. 11 terrorist attacks [JURIST news archive], "ranging from poor individual performance to more substantial systemic deficiencies that undermined the FBI's efforts to detect and prevent terrorism," according to a report [PDF text] first written in 2004 but released publicly Monday by US Justice Department Inspector General Glenn Fine [official website]. Moussaoui had been briefly detained in August 2001 on immigration law violations after he sought flight training in Oklahoma and Minnesota, but the Minnesota investigators failed to properly support their terrorism case against Moussaoui. Investigators learned from French authorities that Moussaoui was connected to an Algerian terrorist group and sought a Foreign Intelligence Surveillance Act (FISA) [text] warrant to search Moussaoui's computer, but attorneys at the FBI headquarters denied the request for lack of probable cause.
Fine's report praised and criticized former FBI agent Colleen Rowley [campaign website; Wikipedia profile], the agent who brought national attention to Moussaoui in 2002 when she sent a letter to FBI director Robert Mueller alleging that senior FBI investigators blocked the investigation [TIME report] into Moussaoui because they did not understand the significance of Moussaoui's connection to terrorism. Though Fine praised Rowley, who is currently running for Congress, for heading up the Minneapolis investigation, he criticized her for seeking a FISA warrant instead of a criminal warrant because a FISA warrant requires connecting the suspect to a "recognized foreign power."
Moussaoui pleaded guilty [JURIST report] in April 2005 to conspiracy charges [indictment] in connection with the Sept. 11 attacks, including conspiracy to commit acts of terrorism transcending national boundaries, conspiracy to destroy aircraft and conspiracy to use weapons of mass destruction. He received a life sentence [JURIST report] last month after one juror refused to agree to the death penalty [JURIST report]. Parts of the 2004 report, which is a broad review of the FBI's handling of Sept. 11 intelligence, have previously been released, but portions of the report covering the Moussaoui investigation were suppressed until the conclusion of court proceedings. Jerry Markon and Dan Eggen of the Washington Post have more.


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