[JURIST] The US Supreme Court [official website; JURIST news archive] Thursday granted certiorari in five cases [order list, PDF], including two antitrust [JURIST news archive] cases, and three criminal appeals. There are currently two other antitrust cases [JURIST report] to be heard by the court this term. Credit Suisse v. Glen Billing (05-1157) [docket; cert. petition, PDF], which Chief Justice Roberts, without comment, decided to take no part in, examines allegations that 16 of the largest Wall Street investment firms, including Morgan Stanley & Co. [corporate website], Goldman Sachs & Co. [corporate website], and Merrill Lynch, Pierce, Fenner & Smith Inc. [corporate website], conspired with one another to force investors to pay premiums on highly sought after stock shares. The key issue is whether the firms are immune from antitrust liability, because the conduct engaged in is permitted under SEC regulations. In an amicus brief [text, PDF] filed by the Bush administration, government lawyers said that the investment firms immunity to antitrust liability is not unlimited, however they also argue that the Second Circuit Court’s ruling against the firms didn’t account for legitimate business collaboration which is legal and regulated by the SEC. The second antitrust case, Leegin Creative Leather Products, Inc. v. PSKS, Inc. (06-480) [docket; cert. petition, PDF] will decide if product maker’s policies setting minimum retail prices for its products require “per se” or “rule of reason” analysis under Section 1 [text] of the Sherman Act.

The criminal appeal cases to be examined include: Fry v. Pliler (06-5247) [docket], in which John Fry was convicted for the 1992 murders of two California residents. The court will determine if it can be a “harmless error” that the trial court judge did not allow testimony from a witness who overheard her cousin confess. Roper v. Weaver (06-313) [docket; cert. petition, PDF], where the court may reinstate the death penalty for William Weaver, who was convicted of killing a man set to testify in a drug trial. His death sentence was commuted to life in prison because the prosecutor allegedly prejudiced the jury with a pro-death penalty speech. Finally Bowles v. Russell (06-5306) [docket], deals with the timing in filing an appeal by a convicted murder, where an appellate court regarded it as too late, while it was filed before a deadline set by a lower court. AP has more on both the antitrust and criminal cases. SCOTUSblog has additional coverage.

[JURIST] Canada’s House of Commons [official website] voted 175 to 123 Thursday against reopening debate on same-sex marriage [JURIST news archive]. The result effectively upheld Canada’s 2005 law allowing equal marriage rights for same-sex couples [text; JURIST report], passed under the leadership of former Liberal Prime Minister Paul Martin. Canadian Conservative Party [official website] Prime Minister Stephen Harper [official website] promised repeatedly since coming to power early this year that the measure would be "revisited” [JURIST report], a promise that was fulfilled in a lengthy parliamentary debate [JURIST report] Wednesday before Thursday’s vote.

The "free vote," meaning that members of parliament, including cabinet ministers, were not forced to vote along party lines, appears to have ended practical debate in Canada over same-sex marriage. Harper later told reporters that there is no plan to reopen the question, even if the conservatives won a majority government in the next election. The motion to reopen debate seemed unlikely to pass even before the vote, as projections showed that most Canadian federal lawmakers support same-sex marriage [tracking website]. A January 2006 poll [text, PDF] by Environics Research Group showed that 66 percent of those surveyed were against debate over same-sex marriage being brought back to Parliament. Some ministers who voted against the 2005 law (which passed 158-133) voted this time against reopening debate, calling the matter settled. When the federal law passed in 2005, Canada became the fourth country after the Netherlands, Spain and Belgium to recognize same-sex marriage. A fifth country, South Africa, legalized such unions [JURIST report] last month. Reuters has more. CBC News has local coverage.

[JURIST] Hewlett-Packard [corporate website] reached a $14.5 million settlement [settlement, PDF] agreement with California Attorney General Bill Lockyer [official website] on Thursday in an unfair business practices suit [civil complaint, PDF] stemming from HP's allegedly fraudulent attempts to obtain certain phone records, a practice known as "pretexting." Lockyer "commend[ed] the firm for cooperating instead of stonewalling" and announced [press release] that $13.5 million of the settlement would be used for privacy rights investigations in state and local cases. The remainder will pay for civil penalties, investigations, and other costs.

Since September, HP has been embroiled in an elaborate corporate spying scandal. In order to discover the source of boardroom leaks, the company allegedly hired outside detectives to call phone companies, posing as executives and reporters in attempt to obtain phone records. In November, former chairwoman Patricia Dunn [Forbes profile], former ethics officer Kevin Hunsaker [BusinessWeek backgrounder], and outside private investigators Ronald DeLia, Matthew DePante and Bryan Wagner pleaded not guilty [JURIST report] in Santa Clara County Superior Court [official website] to felony charges [felony complaint, PDF; JURIST report] stemming from their roles in the corporate spying scandal [JURIST news archive]. Dunn resigned [JURIST report] in September before testifying at a hearing [JURIST report] before the US House Energy and Commerce Committee [official website], during which she admitted that she was aware of the plan, but was also told the actions were legal by corporate attorneys. AP has more.

[JURIST] Outgoing Senate Judiciary Committee [official website] Chairman Sen. Arlen Specter (R-PA) [official website; JURIST news archive] presented a bill Thursday that would prevent federal prosecutors from exerting what he sees as excessive pressure on companies and executives in fraud investigations. Specter said he hoped the move would put pressure on the US Justice Department [official website] to refrain from using tactics he has described as coercive and even unconstitutional in the prosecution of white collar crimes. The current procedures used in such investigations were written in the wake of major corporate fraud scandals early in the decade.

In a flurry of eleventh-hour activity since early November elections made it clear that the Republicans would lose control of the Senate and therefore Specter would lose his Judiciary Chairmanship, Specter has nonetheless introduced bills to allow surveillance of domestic terror suspects and restore the habeas corpus rights of military detainees [JURIST reports]. Specter plans to refile his legislation when the Senate reconvenes in January. He has the support of the US Chamber of Commerce [advocacy website] and the American Civil Liberties Union (ACLU) [advocacy website]. According to a spokeswoman, incoming Judiciary Chairman Sen. Patrick Leahy (D-VT) [official website] "has serious concerns about the current, coercive policy," but is waiting for proposals from Justice Department. AP has more.

[JURIST] Charles McArthur Emmanuel, also known as Roy Belfast Jr. and Charles Taylor Jr., son of former Liberia [JURIST news archive] president Charles Taylor, pleaded not guilty in a US district court in Florida Thursday to charges [indictment] of committing torture in the first prosecution brought under a federal anti-torture statute [18 USC 2340A text]. Emmanuel commanded a paramilitary unit in Liberia during his father's regime and is said to have committed the torture in 2002 when he allegedly took a man from his home and abused him with a hot iron, scalding water, and electric shocks.

Hours earlier Thursday, Emmanuel was sentenced to 11 months in prison for passport fraud. In September, Emmanuel,a US citizen born in Boston, pleaded guilty [US DOJ press release] to using a US passport obtained through false statements after Immigration and Customs Enforcement officials arrested Emmanuel when he arrived in Miami on a flight from Trinidad. AP has more.

[JURIST] Interim Fiji Prime Minister Dr. Jona Senilagakali admitted Thursday that the military coup [JURIST report] carried out in the country earlier this week is "illegal" but defended the takeover as necessary "to clean up the mess of a much bigger illegal activity of the previous government." Fiji [JURIST news archive] military commander Commodore Voreqe Bainimarama [BBC profile; JURIST news archive] appointed Senilagakali and a new head of police after overthrowing the civilian government Tuesday. Bainimarama has taken over the presidency but hopes to have a interim government set up by next week.

After Bainimarama declared a state of emergency [JURIST report] Wednesday Senilagakali defended the crackdown on civil liberties and said that elections are up to two years away. UN High Commissioner for Human Rights Louise Arbour [official profile, JURIST news archive] has meanwhile called on Fiji [press release] to respect human rights and fundamental freedoms and to abide by international obligations covering civil, political and other rights. Arbour noted that the country's 1997 Constitution [text] protects human rights and fundamental freedoms. The UN News Service has more.

The Fiji coup was carried out after ousted Prime Minister Laisenia Qarase [official profile] refused to stop proposed legislation that would have given coastal land ownership to the indigenous population of Fiji, rather than use it as a region for tourism, and also would have given pardons to individuals who plotted a coup against the government in 2000. Qarase, who claims he is currently under house arrest, has accused Bainimarama of "raping" the country's constitution. The US has joined New Zealand and Australia [JURIST news archive] in objecting to the coup by suspending $2.5 million in assistance to the nation. Tuesday's coup marks the fourth in the nation during the past 14 years. ABC Australia has more. The Fiji Times has local coverage.

[JURIST] Russia has opened a criminal investigation into the death of former Russian spy Alexander Litvinenko [BBC timeline], the Russian Prosecutor General's office said Thursday. Litvinenko, who once worked for the Russian Security Federal Bureau, was poisoned in London on November 1, and passed away due to radiation poisoning [Reuters report] on November 23. Scotland Yard said Wednesday that it is treating Litvinenko's death as murder [Guardian report]. Officials suspect the poisoning occurred during a lunch meeting between Litvinenko and several Russian businessmen at a London hotel, including Dmitry Kovtun and Andrei Lugovoi, though both men have denied any involvement [Kommersant report] when speaking to British officials. Traces of radiation have also been found in hotel rooms at the London hotel where Litvinenko stayed in October and November, as well as on airplanes that flew into England. Prosecutors also opened a criminal investigation into the attempted murder of Kovtun. The investigation will allow Russia to request extradition of suspects in the poisoning.

Also on Thursday, Russian intelligence veterans group Honor and Dignity [UK Telegraph backgrounder] denied involvement in the poisoning [RIA Novosti report]. Litvinenko, who accused [statement] Russian President Vladimir Putin of orchestrating his poisoning [CNN report], was laid to rest [RIA Novosti report] in a London cemetery on Thursday. AP has more.

[JURIST] Scientists produced new evidence Wednesday supporting the claim of innocence of five Bulgarian nurses [JURIST report] and one Palestinian doctor accused [JURIST news archive] of infecting over 400 Libyan patients, primarily children, with the HIV virus. An analysis published in Nature [report] of 44 HIV and hepatitis virus samples taken from some of the infected children showed that the strain of HIV with which the children had been infected was already present and spreading locally in the mid-1990s, long before the medics arrived in Libya in 1998. Scientists worked quickly and Nature fast-tracked publication of the report to make this new evidence available before the December 19 verdict in the medics' retrial. An author of the study, however, knew of no plans to submit the data formally to the court.

The six health workers were first convicted in May 2004 and sentenced to death [JURIST reports] for deliberately infecting the children, but the Libyan Supreme Court overturned the convictions [JURIST report] in December 2005 and ordered a retrial. The defendants, detained since 1999, previously argued that the children were infected with the virus before treatment. French Professor Luc Montagnier, the co-discover of the HIV virus, testified in the initial 2004 trial that the infection had spread in the children's hospital before the Bulgarian nurses began their contracts there. The second trial of the healthcare workers concluded [JURIST report] November 4. AP has more. Sofia News Agency has local coverage.

[JURIST] Elizaphan Ntakirutimana, convicted by the International Criminal Tribunal for Rwanda (ICTR) [official website] in 2003 for crimes relating to the Rwandan genocide, was released from prison [press release] Wednesday after serving his sentence, becoming the first person freed after serving a tribunal sentence. Ntakirutimana, a Seventh Day Adventist pastor, was found guilty [JURIST report] of aiding and abetting the genocide that claimed the lives of more than 800,000 Tutsis and moderate Hutus. He was sentenced to 10 years in prison [judgment and sentence] and was credited for time served before his conviction. Ntakirutimana was arrested in the US in 1996.

At the 2003 trial, ICTR prosecutors accused Ntakirutimana of leading Hutu rebels to places where Tutsis were hiding and ordering the roof over his church in western Rwanda be removed so that the Tutsis could not use it as shelter. The ICTR also convicted his son, Dr. Gerard Ntakirutimana, of related crimes and sentenced him to 25 years in prison. The UN News Service has more.

[JURIST] Federal Bureau of Investigation [official website] Director Robert S. Mueller [official profile] told the Senate Judiciary Committee [official website] Wednesday that the FBI has launched internal investigations into media leaks of details relating to several public corruption probes. The FBI had pending investigations of Rep. Curt Weldon (R-PA) [official website], Rep. Mark Foley (R-FL) [WP profile; JURIST report] and Rep. Jim Kolbe (R-AZ) [official website] but word leaked of the probes right before last month's midterm elections. Mueller expressed his disappointment with the leaks but noted that at least one of the leak investigations could result in criminal charges. US Sen. Arlen Specter (R-PA) [official website; JURIST news archive], outgoing chairman of the committee, chided Mueller that such disclosures were "just disastrous" for suspects who have not been charged, much less proven guilty.

FBI investigations into leaks to the media, particularly those that could result in criminal penalties, are rare and particularly hard to prove if some of the information has already been reported in the media or revealed in court documents. FBI agents found guilty can be forced to take lie-detector tests and cooperate with investigations to avoid losing their security clearances and pay. AP has more.

[JURIST] The Bulgarian Parliament [official website] voted Wednesday to open the archives of the nation's former communist secret service [Wikipedia backgrounder] in order to disclose information about 29 categories of people who currently hold or have held positions of responsibility in Bulgaria [JURIST news archive]. The law, which passed with 107 votes in favor and 42 against, requires the publication of all files identifying public figures such as politicians, senior public officials, magistrates, clergymen and journalists who served as former communist secret agents. A portion of the files will remain secret for "national security purposes." Former or present heads of departments or sectors at the Military Information Service or at the National Intelligence Service after July 16, 1991, will not be subject to file declassification in order to protect people who are still on active intelligence duty.

The legislation makes public the past of former communist secret agents but includes no sanctions, such as stripping them of public office. The law calls for the creation of a nine-member panel who will be appointed and charged with declassifying the secret files. Its members will be elected by parliament to a five-year term in office, but it is unclear when the first panel would be appointed. The archives are currently controlled by Bulgaria's National Intelligence Service [official website]. AP has more. The Bulgarian News Network has local coverage.

[JURIST] The US Supreme Court [official website; JURIST news archive] heard no oral arguments Wednesday despite it being a scheduled argument day, an unusual development reflecting a gap in its docket caused by a decrease in the number of cases it chooses to hear [SCOTUSblog report]. Compared to last year, the Court has accepted 40 percent fewer cases, and will likely face more docket gaps over the course of the term. Observers attribute the empty docket to a combination of reasons, including the fact that the federal government has been winning more cases in the lower courts and Congress has recently enacted fewer statutes for the high court to interpret.

A third theory is that the Court is sharply divided on ideological grounds, and some justices vote against hearing a case that they know will not be decided on their terms. This theory has been discounted because only a small proportion of the 8,000 appeals filed with the Supreme Court raise ideological questions. The Court recently heard arguments in race-conscious school placement policies and global warming, and granted certiorari in two First Amendment cases [JURIST reports]. The New York Times has more.

[JURIST] US Sen. Arlen Specter (R-PA) [official website; JURIST news archive], outgoing chairman of the Senate Judiciary Committee [official website], and current ranking member of the committee Sen. Patrick Leahy (D-VT) [official website] have introduced a bill which would restore habeas corpus rights to military detainees [JURIST news archive] and amend the Military Commissions Act of 2006 (MCA) [JURIST news archive]. A key provision in the MCA, which President Bush signed into law [JURIST report] last month, strips US courts of jurisdiction to consider writs of habeas corpus filed by detainees classified as enemy combatants.

Introducing the bill [statement text], S. 4081, Leahy said:

This bill would restore the great writ of habeas corpus, a cornerstone of American liberty for hundreds of years that Congress and the President rolled back in an unprecedented and unnecessary way with September's Military Commissions Act. Habeas corpus provides a remedy against arbitrary detentions and constitutional violations. It guarantees an opportunity to go to court, with the aid of a lawyer, to prove one's innocence. The Military Commissions Act eliminated that right, permanently, for any non-citizen determined to be an enemy combatant, or even "awaiting" such a determination. That includes the approximately 12 million lawful permanent residents in the United States today, people who work for American firms, raise American kids, and pay American taxes.

[JURIST] Russian President Vladimir Putin [official profile] on Wednesday signed into law [press release] a controversial bill that eliminates a rule requiring at least 50 percent of voters to turn out in order for poll results to be validated. Putin signed the measure despite opposition by Ella Pamfilova [official profile], the chairwoman of Putin's Human Rights Council [official website], and other critics who argued that the minimum turnout rule is an important means of political protest because people can express discontent with the system by not voting. The new law also expands the list of people who are ineligible to run for election and bans political parties and candidates from campaigning against their opponents on television. Putin's opponents say his actions are part of a plan to decrease democratic freedoms in Russia [JURIST news archive].

Putin has also signed laws making it more difficult for certain candidates and small parties to register and run in elections, changes critics say are part of an effort by the Kremlin [official website] to ensure Putin is replaced by an approved successor when his term ends in 2008. Putin has, however, ruled out a constitutional amendment [JURIST report] that would allow him to pursue a third term in office. Parliamentary elections are scheduled for December 2007 with presidential elections following in March 2008. Reuters has more.

[JURIST] Royal Canadian Mounted Police Commissioner Giuliano Zaccardelli [official profile] resigned Wednesday after admitting that he gave incorrect testimony to a Canadian House of Commons [official website] committee about the Maher Arar [advocacy website; CBC timeline; JURIST news archive] case. Arar is a Canadian citizen who, on suspicion of ties to al Qaeda, was deported from the US to Syria in 2002 and tortured there. Canadian Prime Minister Stephen Harper [official website] said he received a resignation letter from Zaccardelli [Harper statement], who said his admission to the botched testimony created a "new controversy" for which he needed to take responsibility.

During his testimony Tuesday, Zaccardelli said he misspoke in earlier testimony to a parliamentary committee investigating the Arar case on September 28. He admitted that the Royal Canadian Mounted Police (RCMP) [official website, English version] provided incorrect information [JURIST report] on Arar but stressed that the RCMP contacted US officials to correct the errors before Arar was deported to Syria. Zaccardelli told the committee Tuesday that the RCMP did not try to correct the erroneous information while Arar was still in the US, and he admitted that he did not know about the case until 2006. Zaccardelli's resignation is effective December 15. CBC News has more.

[JURIST] The US Senate [official website] unanimously passed the Secure Access to Justice and Court Protection Act [HR 1751 summary] Wednesday, a bill that will increase security measures for judges [JURIST report] both in and out of courtrooms across the country. The bill was written in response to the increased number of courtroom shootings [JURIST report] and attacks on judges and their family members [JURIST report] in recent years. Under the new measure, persons convicted of murdering or kidnapping a US judge or law enforcement officer would be subject to a mandatory minimum sentence of 30 years [CRS bill summary] and individuals who post information about judges, jurors, law enforcement officials, witnesses, or any of their family members would face federal charges and up to five years in prison. The legislation will authorize the US Department of Justice [official website] to provide financial assistance to state courts to increase security and gives an additional $20 million to the US Marshals Service [official website] tasked with protecting judges.

The bill was previously passed by the US House of Representatives [official website], but the Senate passed an amended version, which has now been forwarded to the House for approval. If the House does not pass the measure before this session of Congress adjourns in the next few days, it will need to be reintroduced when the House reconvenes in January. Reuters has more.

[JURIST] The Iraq Study Group (ISG) [official website; fact sheet] recommended Wednesday that the Bush administration provide "strong" support and funding for US Justice Department efforts in Iraq "to establish courts; to train judges, prosecutors, and investigators; and to create institutions and practices to fight corruption." In its report [PDF text], the ISG noted that "new and refurbished courthouses with improved physical security, secure housing for judges and judicial staff, witness protection facilities, and a new Iraqi Marshals Service are essential parts of a secure and functioning system of justice." The ISG, co-chaired by former Secretary of State James Baker and former congressman Lee Hamilton, studied the situation in Iraq, recommending courses of action for the US government with respect to police and criminal justice, security and military forces, national reconciliation, and other areas.

The panel, which included retired Supreme Court Justice Sandra Day O'Connor, wrote that the Justice Department is better suited than the Defense Department to assist in reforming Iraq's Interior Ministry and that "Iraq needs more than training for cops on the beat: it needs courts, trained prosecutors and investigators, and the ability to protect Iraqi judicial officials." According to the report:

The Iraqi criminal justice system is weak, and the U.S. training mission has been hindered by a lack of clarity and capacity. It has not always been clear who is in charge of the police training mission, and the U.S. military lacks expertise in certain areas pertaining to police and the rule of law. The United States has been more successful in training the Iraqi Army than it has the police. The U.S. Department of Justice has the expertise and capacity to carry out the police training mission. The U.S. Department of Defense is already bearing too much of the burden in Iraq. Meanwhile, the pool of expertise in the United States on policing and the rule of law has been underutilized.

The United States should adjust its training mission in Iraq to match the recommended changes in the Iraqi government - the movement of the National and Border Police to the Ministry of Defense and the new emphasis on the Iraqi Police Service within the Ministry of the Interior. To reflect the reorganization, the Department of Defense would continue to train the Iraqi National and Border Police, and the Department of Justice would become responsible for training the Iraqi Police Service.