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Legal news from Saturday, September 15, 2007




NYT researcher released from China prison after serving three years
Bernard Hibbitts on September 15, 2007 8:29 PM ET

[JURIST] New York Times researcher Zhao Yan [JURIST news archive] was released as anticipated [JURIST report] from a Chinese prison early Saturday after serving three years for fraud. He was reunited with his family and thanked those who had worked for his release. Zhao was formally indicted [JURIST report] in December 2005 after a 2004 New York Times report [text] revealed the resignation of Jiang Zemin as head of the Chinese military before it was formally announced by the government. The charges were dropped in March 2006, but Chinese authorities continued to detain Zhao and later reinstated the charges, a process which Chinese officials maintained was legal [JURIST reports]. A Chinese court ultimately convicted Zhao of taking $2,500 from a village official, but the state secrets counts against him were dismissed.

Human rights groups and journalism advocacy organizations criticized the proceedings against Zhao for being politically motivated and without merit [CPJ alert]. During his trial, Zhao’s lawyers were not allowed to call witnesses on his behalf or permitted to cross-examine witnesses for the prosecution. The New York Times has more.






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Russia arrests ex-Chechen official in Politkovskaya murder probe
Bernard Hibbitts on September 15, 2007 7:57 PM ET

[JURIST] A former official in the Chechen government has been arrested in connection with the murder of Russian journalist and rights activist Anna Politkovskaya [JURIST news archive], Russian media reported Saturday. The Komsomolskaya Pravda [media website] tabloid reported that Shamil Burayev, a one-time district head in the southern Russian republic of Chechnya, had been arrested by police Thursday and is suspected of "organizing a murder." RFE/RL has more.

Politkovskaya, who had covered the crisis in Chechnya for Novaya Gazeta [media website, in Russian] since 1999, was shot in the head and in the chest after returning to her Moscow apartment building one day last October. She was a well known critic of Russian President Vladimir Putin, and authored two books on Chechnya. Russian Prosecutor General Yuri Chaika [official website, in Russian] announced last month that Russian authorities had arrested ten people after an investigation into the killing; two of those were later released [JURIST reports]. Chaika says that Politkovskaya's murder was orchestrated by a Moscow-based Chechen criminal group specializing in contract killings.






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Gonzales leaves Justice Department as AG resignation takes effect
Bernard Hibbitts on September 15, 2007 1:59 PM ET

[JURIST] Alberto Gonzales [JURIST news archive] bade farewell to public service Friday, officially leaving the US Justice Department [official website] after a stormy 2 1/2 years as Attorney General. Gonzales resigned [JURIST report] late last month in the midst of controversy surrounding the firings of several US Attorneys and subsequent allegations that he may have perjured himself in testimony on the matter before Congress. Gonzales had indicated that his resignation would take effect September 17 [JURIST report]. In his last public speech [text] at DC's Bolling Air Force Base as part of its Hispanic Heritage Month celebration, Gonzales stressed his Justice Department initiatives against violent crime, child sex abuse, and terrorism, but insisted that he left office with optimism:

Over the past two and a half years, I have seen tyranny, dishonesty, corruption and depravity of types I never thought possible. I've seen things I didn't know man was incapable of.

But I will tell you here and now that these things still leave me hopeful. Because every time I see a glimmer of the evil man can do, I see the defenders of liberty, truth, and justice who stand ready to fight it.
Later Friday at the Justice Department itself, Gonzales spoke briefly to staff and employees at a ceremony attended by a number of serving and former Bush administration officials, including Secretary of State Condoleezza Rice, Homeland Security Secretary Michael Chertoff and former White House chief of staff Andy Card. Speakers at the event praised Gonzales for his work and his character notwithstanding the complaints of critics who accuse him of having greatly politicized the department out of excessive loyalty to the President, whom he previously served as White House counsel. The White House is expected to nominate a new attorney general soon; former Solicitor General Theodore Olson [JURIST report] and US Fourth Circuit Court of Appeals Judge William Wilkins [official profile], among others, have been touted as possible successors. In the interim, Solicitor General Paul Clement will serve as acting attorney general. AP has more.





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Bush signs 'minimal' legislative ethics bill but urges more reforms
Bernard Hibbitts on September 15, 2007 11:44 AM ET

[JURIST] President Bush Friday signed what he described as a "minimal" ethics reform bill [press release] designed to force lawmakers to disclose pet projects and divulge more details about campaign contributions. The Honest Leadership and Open Government Act of 2007 [PDF text] was passed last month in the Senate after being approved in the House [JURIST reports] in late July. Hailed [press release] by Senate Majority Leader Harry Reid (D-NV) as the "toughest lobbying and ethics reform in generations," it requires congressmen to flag their support of earmarks [JURIST report] - targeted spending programs - and disclose donations from lobbyists who "bundle" donations totaling over $15,000. The legislation also strips pensions from lawmakers found guilty of bribery or perjury.

In his signing remarks, Bush said the new law had consistency problems, could pose problems for presidential campaigns by incumbents, and did not go far enough on earmarks:

The legislation includes minimal improvements in the area of disclosure, both for lobbying and earmarks. But there is still more to be done -- and I will work with the Congress to improve upon this legislation.

For example, the bill holds members of the Senate and Executive Branch employees to a much higher standard of conduct than members of the House. The specific bill language is confusing, and I believe these increased restrictions would have a negative impact on recruitment and retention of federal employees. I urge the Congress to make these standards more uniform and less confusing and to do so in a way that will not discourage public service.

In addition, this bill would have the effect of unreasonably burdening sitting President's and Vice President's reelection campaigns. I look forward to working with Congress to amend these provisions to provide a reasonable process for allocating the cost of Presidential and Vice Presidential campaign travel that is consistent with security needs.

I am pleased that the Congress has begun to make progress in bringing greater transparency to the earmarking process. However, this bill falls far short of the reform that American taxpayers deserve. I am concerned that there are potential loopholes in some of the earmark reforms included in this bill that would allow earmarks to escape sufficient scrutiny. This legislation also does not address other earmark reforms I have called on Congress to implement, such as ending the practice of putting earmarks in report language.
AP has more.





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