[JURIST] Closing arguments began Monday in the case against the Holy Land Foundation for Relief and Development [ADL backgrounder], a Muslim foundation charged with financing international terrorism by supporting the Palestinian group Hamas [BBC backgrounder]. Once the largest Muslim charity in the United States, federal prosecutors shut down the Holy Land Foundation in 2001 and subsequently charged the organization and five of its leaders [JURIST report] in 2004 on 42 counts of conspiracy, providing support to a foreign terrorist organization, conspiracy to deal in the property of a terrorist, dealing in the property of a specially designated terrorist, money laundering, conspiracy to impede an investigation by the IRS, and filing false tax returns. The defense argued that the charity's funds were used only to help Palestinians in need.

The prosecution argued the charity was in place only to funnel money through Palestinian schools and charities used to support Hamas. If the defendants are found guilty, they could face up to life in prison. AP has more.

[JURIST] European Commission President Jose Manuel Barroso [official profile] Monday called on the UK to support the proposed EU Reform Treaty [PDF text; EU materials]. During a speech [text] to delegates of the UK Liberal Democratic Party [party website], Barroso emphasized that the reform treaty is not simply a retread of the failed EU constitution rejected by French and Dutch [JURIST reports] voters in 2005. Barroso also stressed the need for the treaty to evolve to accommodate the changing EU.

Last week, Sir Menzies Campbell [personal website], a leader in the Liberal Democratic party, said that Britain should focus on the larger issue of whether it should remain involved in European politics at all rather than whether it should ratify the treaty. The Liberal Democrats have traditionally identified themselves as the pro-EU party. UK Secretary of State for Foreign and Commonwealth Affairs David Miliband last month rejected calls for a general referendum on the proposed treaty [JURIST report], but said that the treaty would not infringe on British independence. The Guardian has more.

[JURIST] New York Attorney General Andrew Cuomo and New York City Mayor Michael Bloomberg [official websites] Monday filed a joint lawsuit [press release] against pharmaceutical giant Merck [corporate website], alleging that the company misrepresented known dangers associated with arthritis drug Vioxx [Merck materials; JURIST news archive], causing millions of taxpayer dollars to be wasted. The suit alleges that Merck withheld information regarding the risk of cardiovascular disease to its patients, and that most of the filled prescriptions for Vioxx would not have been placed if the prescribing physician had been fully informed of the dangers. Accordingly, the complaint seeks millions of dollars in restitution for "taxpayer dollars wrongfully spent on Vioxx prescriptions." This is the first time that a state and a city have filed a joint Medicaid fraud lawsuit. Reuters has more.

Merck has been involved in a stream of Vioxx-related litigation during the last few years, including state and federal lawsuits in Texas, Louisiana, New Jersey, and California [JURIST reports]. Earlier this month, the New Jersey Supreme Court dismissed [JURIST report] a class action lawsuit filed against Merck, reversing a lower court's decision to grant nationwide class certification in the case. Decertification of the class action means plaintiffs can still file individual lawsuits against Merck but not as a unified class.

[JURIST] Three federal judges representing the United States District Court for the District of Columbia Monday appeared dubious during oral arguments [media advisory] in the case of Northwest Austin Municipal Utility District Number One v. Gonzales [DOJ case documents] that the 2006 reauthorization of Section 5 of the Voting Rights Act [text] should be found unconstitutional. The plaintiff, a municipal utility district in Texas, argued that Section 5, which requires voting officials in a select 16 states to obtain approval by the Department of Justice (DOJ) [official website] before amending their voting procedures, is not neutrally applied to all 50 states and is thus unconstitutional. Section 5 is intended to protect voters in states with histories of racial profiling at the polls, and only allows changes in voter protocol that do not have a racially discriminatory purpose and will not negatively impact minority voters.

The lawsuit was filed last August, just a week after President Bush signed a law extending the Act [JURIST report] for another 25 years. AP has more.

[JURIST] The German Federal Court of Justice [official website, in German] said Monday it has dismissed [press release] an appeal made by writer Ernst Zundel [ADL profile; CBC profile] to overturn his February conviction for denying the Holocaust. Earlier this year, Zundel was sentenced to five years in prison after the court found him guilty on 14 counts of incitement, libel and disparaging the dead [JURIST reports]. Holocaust denial constitutes a crime under Section 130 (3) [text] of the German Federal Criminal Code, which provides:

Whoever publicly or in a meeting approves of, denies or renders harmless an act committed under the rule of National Socialism of the type indicated in Section 220a subsection (1) [genocide], in a manner capable of disturbing the public piece shall be punished with imprisonment for not more than five years or a fine.

[JURIST] US President George W. Bush Monday nominated [WH screenshot] retired federal judge Michael B. Mukasey [WH fact sheet; PBWT profile] to serve as the next attorney general of the United States. Mukasey, 66, retired from the US District Court for the Southern District of New York in 2006 after 18 years - the last six of them as chief judge. He recently rejoined [press release] his former firm of Patterson Belknap Webb & Tyler [firm website] in Manhattan. While on the federal bench, Mukasey presided over a variety of high-profile cases, including the terrorism trial of Omar Abdel-Rahman [MIPT profile] for the 1993 World Trade Center bombing. Although generally regarded as strict in national security matters, Mukasey ruled [PDF text] in March of 2003 that US citizen Jose Padilla [JURIST news archive] had to be allowed to meet with counsel despite being classified as an "enemy combatant" [JURIST news archive].

In his announcement of the nomination [transcript; recorded video] Monday, Bush also said that Assistant Attorney General Peter Keisler [official website] will serve as acting attorney general pending Mukasey's confirmation, replacing Solicitor General Paul Clement, who Bush said would "remain focused on his duties as Solicitor General, so he can prepare for the Supreme Court term that begins just two weeks from today." Keisler announced his resignation [JURIST report] as Assistant Attorney General in charge of the DOJ Civil Division earlier this month. During his tenure at the Justice Department, Keisler was responsible for managing litigation over the habeas corpus rights of Guantanamo Bay detainees. Last year, President Bush nominated [JURIST report] Keisler to serve on the US Court of Appeals for the District of Columbia Circuit, but the Senate has yet to confirm the nomination.

In his remarks at the White House, Bush described Mukasey as:

...clear-eyed about the threat our nation faces. As a judge and a private lawyer, he's written on matters of constitutional law and national security. He knows what it takes to fight this war effectively, and he knows how to do it in a manner that is consistent with our laws and our Constitution. And when confirmed by the Senate as Attorney General, he will work to ensure that our law enforcement and intelligence officers have the tools they need to protect the United States and our citizens. ...

With Mike Mukasey, the Justice Department will be in the hands of a great lawyer and an accomplished public servant. Mike has shown good judgment in the courtroom, he's shown good judgment outside the courtroom. ...

It's a pivotal time for our nation, and it's vital that the position of Attorney General be filled quickly. I urge the Senate to confirm Judge Mukasey promptly.

Mr. President, I am also grateful to you for giving me the chance to return to the department of Justice where I served early in my career.

The department faces challenges vastly different from those it faced when I was an assistant U.S. attorney 35 years ago. But the principles that guide the department remain the same -- to pursue justice by enforcing the law with unswerving fidelity to the Constitution. I have always had great respect for the men and women who follow those principles day in and day out in all the constituent branches of the department. My fondest hope and prayer at this time is that, if confirmed, I can give them the support and the leadership they deserve. ...

I said a moment ago that the challenges the Department faces are vastly different from those we confronted 35 years ago. Less than a week ago, we marked a solemn anniversary that reminds us, if we need reminding, of how different those challenges are. Thirty-five years ago, our foreign adversaries saw widespread devastation as a deterrent; today, our fanatical enemies see it as a divine fulfillment.

But the task of helping to protect our security, which the Justice Department shares with the rest of our government, is not the only task before us. The Justice Department must also protect the safety of our children, the commerce that assures our prosperity, and the rights and liberties that define us as a nation.

[JURIST] The Catholic Diocese of Pittsburgh [diocesan website] Monday announced the creation of a $1.25 million fund to settle 32 lawsuits alleging abuse or injury by priests. Even though Pennsylvania's statute of limitations barred many victims from filing personal injury claims, the diocese has created the fund and will also offer a program of counseling and healing.

Other dioceses across the country have reached similar settlements. The Catholic Diocese of San Diego [diocesan website] announced an agreement [JURIST report] this month to pay $198.1 million to settle 144 claims of sexual abuse by its clergy. A Los Angeles Superior Court in July 2007 approved a $660 million settlement [JURIST report] between the Roman Catholic Archdiocese of Los Angeles [diocesan website] and plaintiffs in 508 outstanding clergy sex abuse lawsuits. In January 2007, the Catholic Diocese of Spokane [diocesan website] agreed to settle molestation claims [JURIST report] against its own priests for $48 million as part of its Chapter 11 reorganization plan. The Archdiocese of Portland filed for Chapter 11 [JURIST report] in 2004, and the dioceses of Tuscon, Spokane, and Davenport soon followed suit in the wake of hundreds of sexual abuse lawsuits [JURIST news archive] against clergy. The total settlements of all Catholic clergy abuse claims have cost the US church at least $2.3 billion since 1950. AP has more. The Pittsburgh Post-Gazette has local coverage.

[JURIST] China has increased its efforts to stop illegal land transfers and punish government officials responsible for illegal land title transfers, an official from the Law Enforcement and Supervision Bureau under the Ministry of Land and Natural Resources [official website] said Monday. While property in China [JURIST news archive] is essentially state-owned, land use titles convey their holders a form of ownership and corrupt local officials have illegally confiscated property from individuals and families and transferred the titles to property developers. Zhang Xinbao, director of the Law Enforcement and Supervision Bureau, noted that although in the past these illegal land seizures were rarely prosecuted, the increased crackdown on corrupt officials has led to 3,000 officials punished for such actions in the last year. Zhang said that in the last six years, 8,698 officials have been penalized by the Communist Party over illegal land title transfers, while 1,221 others have been punished by the legal system. China has also increased the legal rights of property owners who often receive little to no compensation for the confiscation of their land. AP has more. Xinhua has local coverage.

China has recently been engaged in a crackdown on corruption [JURIST news archive], and in some cases has used capital punishment in corruption cases. In July, the former commissioner of China's State Food and Drug Administration [official website, in Chinese] was executed for accepting $850,000 in bribes [JURIST report]. In August, Chinese Communist Party discipline commission spokesman Gan Yisheng said that China's use of capital punishment in political and economic corruption cases is appropriate and effective [JURIST report]. Gan justified the punishment by saying that it has "been endorsed by the Chinese people and also recognized by the international community." Last week, a Chinese bank official convicted of corruption was executed [JURIST report] for taking bribes and embezzling the equivalent of almost $2 million USD.

[JURIST] The Egyptian government has banned an annual gathering [MB press release] of the Muslim Brotherhood [party website; FAS backgrounder] as part of its crackdown on opposition to the Egyptian government, a Brotherhood official said Sunday. The Brotherhood gathers annually for a social celebration of the Muslim fasting month of Ramadan; 1,500 people usually attend the event. This is the first time the gathering has been banned by the government in 20 years. The Brotherhood has been banned as a political party since 1954, but its members run as independents and the organization has grown into Egypt's most powerful opposition movement with 88 seats in the 454-seat parliament.

The ban comes at a time of increasing tension between the Egyptian government, led by President Hosni Mubarak [official profile], and critics. Last week, a court sentenced the editors of four tabloids [JURIST report] for publishing criticisms of Mubarak and the ruling National Democratic Party (NDP) [party website]. Also last week, Egyptian prosecutors said they would put al-Dustour [media website] editor Ibrahim Issa on trial in a separate action for allegedly spreading "rumors" about Mubarak's health. In 2006, human rights groups condemned a court decision [JURIST report] to sentence a controversial newspaper editor to a year in prison for criticizing Mubarak, and three journalists went on trial [JURIST report] for allegedly slandering a local election commission chief by alleging fraud in parliamentary elections. AP has more.

[JURIST] Central African Republic (CAR) [CIA backgrounder; BBC backgrounder] government forces are responsible for hundreds of unlawful killings [press release] and the burning of thousands of civilian homes since mid-2005 in their counterinsurgency campaign, according to a new report [text] from Human Rights Watch (HRW) [advocacy website]. The report, released Friday, alleges that since the beginning of the conflict, CAR security forces have been responsible for human rights abuses and breaches of law, including multiple summary executions and unlawful killings, widespread burning of civilian homes, and the forced displacement of hundreds of thousands of civilians. An elite unit of the Presidential Guard, based in the town of Bossangoa, was said to be responsible for many of the killings and village burnings. HRW also reported that rebel forces have committed serious abuses but not to the extent of those committed by government forces. HRW noted that not a single soldier or officer has been held accountable for any of the atrocities committed and called on CAR authorities to take immediate steps to "end impunity and put in place effective civilian protection mechanisms in the north." The advocacy group urged the United Nations and the European Union to send in a civilian protection force and ensure that the force has the mandate and the capacity to provide effective protection to civilians in CAR.

CAR [JURIST news archive] has suffered decades of coups and rebellions since gaining independence from France in 1960. In June 2007, Amnesty International [advocacy website] also reported that humanitarian abuses have become commonplace [JURIST report] as the armed conflict between the government and opposition forces escalates. The International Criminal Court [official website] opened a probe in May 2007 into allegations of rape and other violence [JURIST report] committed in the CAR. The probe [press release; ICC backgrounder, PDF] will focus on events that occurred between 2002 and 2003 during a violent conflict between rebel forces and the government, but will also keep watch on current events in the country. AP has more.

[JURIST] The Supreme Court of Pakistan [official website] began hearing petitions Monday by parties opposing the re-election of Pakistani President Pervez Musharraf [BBC profile] while he serves as chief of Pakistan's army. The court hearings came the same day that the Election Commission of Pakistan (ECP) [official website] said that a change to election rules [press release] will facilitate Musharraf's bid for re-election [AP report]. Last week, the ECP changed the law [Hindu.com report] so that Article 41(3) [PDF text] of the Pakistani Constitution [text], which prohibits a candidate from holding a government office, no longer applies. The rule change allows Musharraf to remain the army chief while he runs for office. A senior official in the ruling Pakistan Muslim League said Monday that Musharraf will step down from his role as army chief [Reuters report] if elected to a second term as president.

The parties petitioning the Supreme Court Monday oppose Musharraf's dual role as president and army chief, and also say Musharraf must be elected by a general election rather than Musharraf's suggestion that he be elected by the outgoing parliament and provincial assemblies. Monday's arguments are the second round of opposition arguments posed to the Supreme Court. Other opposition parties began disputing Musharraf's dual role earlier this month [JURIST report]. Meanwhile, a group of Pakistani lawyers has begun a campaign to obtain Musharraf's resignation [JURIST report] and restore the 1973 Constitution [text]. AFP has more.

[JURIST] The European Court of First Instance [official website] on Monday upheld [text] the European Commission's (EC) 2004 landmark anti-trust ruling [JURIST report] against Microsoft's appeal [JURIST report] of the $613 million fine and order for Microsoft to share its communications code with competitors. The court agreed with the EC's ruling that Microsoft [corporate website; JURIST news archive] abused its monopoly power in the computer market by trying to force consumers into buying Microsoft software, noting that selling media software with its Windows operating system damaged European competitors. The court did, however, overrule the EC's imposition of a monitoring trustee, saying that the EC overstepped its bounds by requiring Microsoft to pay for the expenses of the trustee. EC President Jose Manuel Barrosso applauded Monday's ruling, saying it confirmed the EC's credibility [Reuters report] in ruling on antitrust cases.

The EC has accused Microsoft of continuing to steadily increase its market share [JURIST report] in the workgroup server market through abusive business practices. Last July, EC antitrust regulators imposed a $2.75 million per day fine [JURIST report] on Microsoft for continuing noncompliance with the 2004 order, which required Microsoft to share information necessary for compatibility with competitors and offer a reduced version of the Windows XP operating system without Windows Media Player. Microsoft may appeal Monday's decision to the European Court of Justice [official website]. AP has more.