[JURIST] US Senate Judiciary Committee chairman Senator Patrick Leahy (D-VT) Monday threatened to hold top members of the Bush administration in contempt if they continue to refuse to turn over subpoenaed information about the warrantless domestic surveillance program [JURIST news archive]. The Senate Judiciary Committee issued formal subpoenas for the surveillance documents on June 27, setting an initial compliance deadline of July 18, later extended to August 20 [letter, PDF]. White House counsel Fred Fielding told Leahy in a letter [PDF text] Monday that the White House needed more time to comply with the request, but Leahy insisted that the Committee had waited long enough. He said he would suggest contempt proceedings before the committee when the Senate reconvenes.

In a statement [text] Monday, Leahy said:

Today was the deadline for the Administration to comply with the Judiciary Committee's subpoenas for documents related to the legal justifications for and President's authorization of the warrantless wiretapping program. The Administration failed to adequately comply, despite our granting an extension of more than a month past the original return date. The Administration has produced no documents, no adequate basis for noncompliance, no privilege claims, and no complete privilege log.

For more than six years, the Bush Administration intercepted communications of Americans in the United States without warrants and without following the required procedures of the Foreign Intelligence Surveillance Act (FISA). Since the President confirmed his warrantless surveillance program in December 2005, the Senate Judiciary Committee has conducted an inquiry into that program of warrantless electronic surveillance. Our focus has been on the legality of that program, not on its operational details. ...

With the temporary amendment to FISA that the Administration demanded be passed in early August set to expire in a few months, it is essential that we understand how the Bush Administration has interpreted FISA and how it has justified its activities outside that statutory framework. If we are to consider more permanent legislative changes to FISA, this is now vitally important. For Congress to legislate effectively in this area it must have full information about the Executive Branch's interpretations of FISA. We cannot and should not legislate in the dark while the Administration hides behind a veil of secrecy. The Administration's failure to comply with the Judiciary Committee's subpoenas for its legal analysis gives me little comfort. ...

The Administration's response today also claims that the Office of the Vice President is not part of the Executive Office of the President. That is wrong. Both the United States Code and even the White House's own web site say so – at least it did as recently as this morning. The Committee's authorization, approved in a bipartisan 13-3 vote, clearly covered the three offices cited in the subpoena. In fact, the Committee responsibly narrowed its request to specify only these three offices that have been linked to the domestic surveillance program, rather than all of the offices within the Executive Office of the President.

The letter I received today from the White House Counsel did not identify any documents, but expressed vague hopes of negotiation and accommodation while raising the specter of more privilege claims. If the White House is serious about complying with the subpoena, then I would work out arrangements to protect national security and classified documents. It is not enough for the White House to try to look reasonable at the last minute after months of delay, it is well past time for the White House to start acting reasonably.

[JURIST] The Election Commission of Thailand [official website] on Monday certified the results [PDF text, in Thai; Nation report] of Sunday's constitutional referendum [JURIST report], reporting that 56.69 percent of voters approved the draft constitution put forth by the country's military-backed interim government. Although the measure passed, experts predict that the sizable vote against the constitution - 41.37 percent voted "no" - means that the current regime will face challenges in the upcoming December elections. Approximately 25 million people, just 57.61 percent of the electorate, participated in the vote.

The new new constitution [JURIST report; draft text, PDF] replaces Thailand's 1997 charter. Interim Prime Minister Surayud Chulanont [BBC profile], who came to power after last September's military coup [JURIST report], had urged voters to participate in the referendum, calling it a way for the people to assert their rights and help decide Thailand's future. Anti-coup activists and supporters of deposed former Prime Minister Thaksin Shinawatra [BBC profile], however, said the new constitution decreases populist influence and transfers more power to bureaucrats and the military. Under the new constitution, Thai prime ministers will be limited to two terms in office and will be subject to easier impeachment. The Thai House of Representatives will be reduced from 500 seats to 400 seats, 320 of which will be directly elected and 80 appointed from party lists. Direct elections for members of the Senate will be abolished, with national and provisional committees composed of bureaucrats and judicial officials instead appointing the 150 senators. Reuters has more.

[JURIST] The US Court of Appeals for the District of Columbia Circuit on Monday temporarily blocked organic grocer Whole Foods Market from taking over rival Wild Oats Markets [corporate websites], saying that it needed more time to consider the proposed acquisition. The court stressed that its move should not be construed as a ruling on the merits, but issued a temporary stay blocking the $565 million merger [Wild Oats FAQ] until the court can hear further arguments.

Last week, the Federal Trade Commission (FTC) [official website] filed an appeal of a district court decision [order, PDF] allowing Whole Foods to buy Wild Oats Markets. US District Judge Paul L. Friedman refused to issue an injunction blocking the acquisition [Bloomberg report], saying it did not violate US antitrust laws. The FTC argues that the merger will limit competition in the organic food market, thereby hurting consumers. Whole Foods, however, maintains that it must still compete with traditional food markets that are beginning to offer more organic varieties. AP has more.

[JURIST] The interim government of Bangladesh [JURIST news archive] has completed all formalities necessary to separate the country's judiciary from its executive branch, meeting a deadline set by the Supreme Court of Bangladesh [official backgrounder] last month, according to Monday media reports. Mainul Hosein, law adviser in the interim government, said that the Bangladeshi Supreme Court will now set a date to amend the Criminal Procedure Code if it is satisfied with the government's efforts.

Officials say this is a substantial step toward complete judicial independence. In 1995, 223 judicial officers and judges filed a petition in the High Court demanding that the judiciary be made fully independent from the executive because the courts were being regulated by the government's law ministry, contrary to the Bangladeshi constitution [text]. PTI has more.

[JURIST] The Turkish parliament failed to elect a president Monday, with the leading candidate receiving only 341 votes. Current Turkish Foreign Minister Abdullah Gul [official website] was 26 votes shy of the number necessary to win the seat; the Turkish president is elected by a two-thirds majority of parliamentarians in the first round of voting. The main opposition Republican People's Party [party website, in Turkish] boycotted the vote, saying that Gul, a member of the Islamist-leaning Justice and Development Party (AKP) [party website, in Turkish; Wikipedia backgrounder], would try to turn Turkey into a theocratic state. A second round of voting scheduled for Friday also requires the agreement of a two-thirds majority, but a third round scheduled for next week only requires a simple majority. Gul is expected to win next week's vote. AP has more.

Gul's original candidacy in April caused controversy when he ran as the sole contender for the Turkish presidency [BBC Q&A]. The Turkish Constitutional Court voided [JURIST report] the April parliamentary vote in support of Gul because a quorum of legislators did not participate, prompting calls for constitutional reform [JURIST report]. Turkish Prime Minister Recep Tayyip Erdogan [official website] accused the court of hurting democracy in its decision and said he would support dissolving parliament and holding an early parliamentary election to ensure that Turkey's leaders were chosen by the people rather than the courts. About one million protesters marched [JURIST report] in the streets of Istanbul to protest Gul and critics accused him of harboring secret plans for Islamist reforms to Turkey's strongly secular state. The Turkish army, which has ousted four presidents in four decades and regards itself as the guardian of the secular Turkish constitution [text], had also warned against instituting any Islamist reforms.

After the Constitutional Court voided the April presidential vote, members of parliament pushed through a constitutional amendment [JURIST report] to allow voters to directly elect the president. The bill was vetoed [JURIST report] by current Turkish President Ahmet Necdet Sezer [BBC profile], and then passed by parliament a second time [JURIST report], but that vote was marred by complaints of balloting violations. The AKP then sought to hold a national referendum on the issue; Sezer later blocked the referendum [JURIST reports] from taking place at the same time as parliamentary elections [BBC Q&A] in July. The Constitutional Court has ruled that the referendum may proceed [JURIST report], but since winning re-election, the AKP has not yet scheduled a vote.

[JURIST] Ugandan Minister of Internal Affairs Ruhakana Rugunda told the BBC Monday that Uganda [JURIST news archive] has begun the process of consulting with victims to determine the best way to hold accountable those responsible for atrocities committed during Uganda's civil war [BBC Q&A]. Rugunda said that the government is considering establishing a war crimes court [recorded audio] or local courts reflecting Ugandan traditional values may be created. Rugunda said that it was key that the government solicit feedback from victims as "they are the ones who suffered and their views are critical in ensuring there is accountability and reconciliation."

The International Criminal Court has indicted [ICC materials; JURIST report] five leaders of Uganda's rebel Lord's Resistance Army, including LRA leader Joseph Kony [BBC profile], for orchestrating the killing of thousands of civilians and the enslavement of thousands more children over two decades of conflict. The Ugandan government is trying to negotiate a peace deal with the rebels, though they say they will refuse to sign an agreement unless the ICC withdraws its indictments. The ICC has so far refused to do so, despite a call for a review of the charges [JURIST report] by the Ugandan government. The government has also said that Kony is willing to face trial at home [JURIST report], but not at the ICC. BBC News has more.

ALSO ON JURIST  Op-ed: Catch-22 in Uganda: The LRA, the ICC, and the Peace Process

[JURIST] US military prosecutors have dropped charges of making false official statements and obstructing justice against US Army Lt. Col. Steven L. Jordan [CBS profile; JURIST news archive] just hours before jury selection was set to begin in his court-martial. Jordan is the only commissioned officer charged in connection with the Abu Ghraib prison abuse scandal [JURIST news archive], and now faces charges [press release, DOC] of wilfully disobeying a superior commissioned officer, failure to obey an order or regulation, and cruelty and maltreatment. If convicted on the remaining charges, Jordan could face over eight years in jail.

Prosecutors dropped the two charges after new evidence came to light that Jordan provided statements to an official investigating the Iraqi prison abuse allegations without being properly read his rights, making his statements inadmissible. In his 2004 report [PDF text; JURIST report], Maj. Gen. George R. Fay recommended that Jordan and Col. Thomas Pappas [official profile], Jordan's superior, be punished for their roles in the abuse scandal. Pappas was granted immunity in exchange for his testimony against Jordan. Pappas testified during Jordan's Article 32 hearing [JURIST report] that Jordan was concerned that he did not have the proper training or experience to assume his role running the Joint Interrogation and Debriefing Center [backgrounder] at Abu Ghraib. The Washington Post has more.

[JURIST] A Jordanian government spokesperson said Monday that Jordan does not currently have plans to hand over Raghad Saddam Hussein, daughter of the former Iraqi leader, even though Interpol issued a "red notice" [Interpol materials; JURIST report] last week indicating that Iraqi authorities are seeking her arrest. Raghad has lived in Jordan since 2003, and Iraq asked the Jordanian government for cooperation in her arrest over the weekend. She is wanted on terrorism charges and is accused of supporting insurgencies in Iraq. Jordanian government spokesperson Nasser Jawdeh said Monday that question of turning Raghad over to Iraq "has not been raised," noting that she does not participate in "political or media-related activities" and is instead in Jordan due to "humanitarian considerations."

The Iraqi government placed [JURIST report] Raghad and her mother, Saddam Hussein's first wife Sajida, on its most-wanted list last year, accusing the two of using secretly looted money to fund Baathist insurgents. AFP has more.

[JURIST] The Special Court for Sierra Leone [official website] on Monday delayed the trial of former Liberian President Charles Taylor [BBC profile; SCSL case materials] until January 7, 2008 in order to provide Taylor's new defense team [JURIST report] more time to prepare. The trial [JURIST news archive] had been scheduled to resume Monday, but the court said last week that it would allow a postponement and instead held a hearing Monday to determine when proceedings would resume.

Taylor faces charges [indictment, PDF] of murder, rape, and the recruitment and use of child soldiers during a bloody civil war in Sierra Leone. He has previously complained that his single court-appointed defense lawyer was unfairly outnumbered [JURIST report] by the prosecution team. The criticism prompted the SCSL to add four people to Taylor's defense team and increase funding available to Taylor [JURIST report] to approximately $100,000 per month, despite a UN report that concluded Taylor may control millions of dollars [JURIST report] held in bank accounts worldwide. AFP has more.

[JURIST] Ethiopian officials have released 31 opposition activists from custody after the members of the Coalition for Unity and Democracy [party website] reportedly apologized [ENA report] for their roles in mass anti-government demonstrations that followed Ethiopia's contested 2005 elections. The 31 CUD members were never charged with any crime, but were released Saturday after Ethiopia's Board of Pardon reviewed their cases. According to the Ethiopian Ministry of Justice, the activists admitted to attempting to "change the constitutional system through force." The detainees were granted a full pardon, and according to a presidential advisor are now eligible to run for office in Ethiopia and remain active in the CUD. Advisor Bereket Simon said that the pardons show that Ethiopia respects the rule of law.

Thirty-eight other CUD members were pardoned [JURIST report] in July after first being sentenced to prison [JURIST report] for their roles in the 2005 protests. The 2005 elections were marred by allegations of fraud [JURIST report] and an Ethiopian inquiry team charged with investigating the violence that was part of protest demonstrations said last year that approximately 193 civilians were killed by Ethiopian security forces [JURIST report], an estimate nearly three times the official number initially reported by the government. AP has more. Reuters has additional coverage.