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Legal news from Friday, January 11, 2008 |
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Supreme Court to hear campaign finance, Sixth Amendment cases
Mike Rosen-Molina on January 11, 2008 4:05 PM ET

[JURIST] The US Supreme Court [official website; JURIST news archive] on Friday granted certiorari in four cases [order list, PDF], including Davis v. Federal Election Commission (07-320) [docket], in which the Court will consider whether the so-called millionaire's amendment [FEC backgrounder], part of a 2002 campaign finance law that allows political candidates to accept larger contributions from supporters if an opponent is able to finance his campaign with his own money, is constitutional. The exception is intended to ensure that independently wealthy candidates do not unfairly dominate elections. New York Democrat Jack Davis [campaign website] challenged the law, arguing that it violated his First Amendment rights, but the Washington DC Circuit Court ruled [opinion, PDF] that the law had not infringed on his right to free speech. AP has more.
In Giles v. California (07-6053) [docket; cert. petition, PDF], the Court will rule on whether an accused killer can bar the the testimony of the person he allegedly killed if he did not kill her with the intent of preventing her testimony. The Supreme Court of California held [opinion, PDF] that allowing the testimony did not violate the Sixth Amendment Confrontation Clause [Cornell Law backgrounder]. AP has more.
The Supreme Court also granted cert in two other cases Friday. In Taylor v. Sturgell (07-371) [docket; cert. petition, PDF], the Court will rule on whether a litigant is barred from pursuing a claim if another litigant had previously pursued a similar claim.
In Engquist v. Oregon Dept. of Agriculture (07-474) [docket; cert. petition, PDF], the Supreme Court will rule on whether a federal employee who is not a member of a protected class can sue for discrimination that was directed solely against her. The Ninth Circuit Court held [opinion, PDF] that an Indian-born woman who alleged discrimination from her supervisor could not sue under a "class-of-one theory." SCOTUSblog has additional coverage.


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Federal jury convicts former Muslim charity leaders for hiding terror links
Eric Firkel on January 11, 2008 3:14 PM ET

[JURIST] A federal jury in the US District Court for the District of Massachusetts [official website] Friday convicted three former leaders of defunct Muslim charity Care International Inc. (not to be confused with CARE [advocacy website]) were convicted Friday of illegally obtaining tax-exempt status by hiding the group's pro-jihad activities. Care International Inc. purported to help war orphans, widows, and refugees in Islamic countries [JURIST news archive], but government prosecutors argued that the organization supported Islamic militants throughout the world while distributing a pro-jihad newsletter. The three former charity executives, Emadeddin Muntasser,Muhammed Mubayyid, and Samir Al-Monla, were charged with tax code violations, making false statements and conspiracy to defraud the United States. Al-Monia was acquitted on one count of making false statements; they were convicted on all other charges. AP has more.
The Boston case is not the first time in recent years that a Muslim charity has been prosecuted for alleged connections to terrorist activities. In October 2007, a Dallas federal judge declared a mistrial [JURIST report] in a controversial case against the Holy Land Foundation [LOC archived website; ADL backgrounder] charity and five of its leaders after three jurors insisted that the verdicts of acquittal [verdict for HLF chairman Mohammad El-Mazain, PDF] read by the court were incorrect. Once the largest Muslim charity in the United States, the Foundation was shut down in 2001 by federal prosecutors who accused it of financing international terrorism by supporting the Palestinian group Hamas [BBC backgrounder].


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ACLU challenges Michigan election law as unconstitutional
Josh Camson on January 11, 2008 2:18 PM ET

[JURIST] The ACLU of Michigan [advocacy website] filed a federal suit Friday challenging a Michigan election law that limits access to information on presidential primary voters to the Democratic and Republican parties. The complaint [text, PDF] alleges that Section 615c [text] of the Michigan Election Law [text] is unconstitutional because it excludes other smaller parties, as well as individuals, citizen groups and news media, from seeing lists of voter preferences and gives preference only to the two major parties in violation of the Equal Protection Clause and 14th Amendment [Cornell Law backgrounders]. The ACLU said [press release]: Michigan law does not require voters to register by party and therefore voter party preference information is valuable to political parties, individual candidates, citizen groups supporting or opposing ballot proposals, political consultants, news media, researchers, other specialized groups and members of the public. Under the law, anyone other than the two parties who obtains or uses the voter lists would be guilty of a misdemeanor, and could be fined $1,000 or sentenced to 93 days in jail.
The ACLU filed the suit on behalf of the Green Party, Libertarian Party and the Reform Party of Michigan [party websites], as well as Metro Times, Inc. [media website] and David Forsmark as president of the political consulting firm Winning Strategies. The suit was filed against Michigan Secretary of State Terri Lynn Land [official profile]. The Detroit Free Press has more.


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Federal appeals court dismisses torture lawsuit by ex-Guantanamo detainees
Josh Camson on January 11, 2008 1:01 PM ET

[JURIST] The US Court of Appeals for the District of Columbia Circuit ruled [PDF text] Friday that four former Guantanamo Bay [JURIST news archive] detainees do not have the right to sue high-ranking government officials for alleged torture and infringement of religious practice during their captivity. UK citizens Shafiq Rasul, Asif Iqbal, Rhuhel Ahmed and Jamal Al-Harith filed the lawsuit [case backgrounder; JURIST report] in 2004 against former Secretary of Defense Donald Rumsfeld, former Chairman of the Joint Chiefs of Staff General Richard Meyers, and others alleging [complaint] "deliberate and foreseeable action taken ... to flout or evade the United States Constitution, federal statutory law, United States treaty obligations and long established norms of customary international law." The court affirmed the district court's ruling dismissing the plaintiff's claims under the Alien Tort Statute [text] for lack of subject matter jurisdiction. The court dismissed the plaintiffs' claims under the Religious Freedom Restoration Act [text], finding that they did not have the right to sue for infringement of religious rights because they are aliens who were not in the US at the time of the alleged acts.
The plaintiffs were released from Guantanamo in March 2004. In May 2004, Rasul and Iqbal said in an open letter to US President George W. Bush that they had suffered abuse at Guantanamo [JURIST report] similar to that perpetrated at Abu Ghraib [JURIST news archive] prison in Iraq. The lawsuit was filed by the Center for Constitutional Rights, which said Friday that it would appeal the decision [press release]. Reuters has more.


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Japan parliament passes anti-terror bill with majority override
Jaime Jansen on January 11, 2008 8:45 AM ET

[JURIST] Japan's parliament approved new anti-terror legislation [JURIST report] Friday that will grant an extension to a Japanese refueling mission in the Indian Ocean. The Liberal Democratic Party (LDP) [official website, in Japanese], led by Prime Minister Yasuo Fukuda [official website], used its two-thirds majority in the parliament's lower house to override Friday's earlier rejection of the bill in the upper house, which is controlled by the Democratic Party of Japan (DJP) [official website, in Japanese]. The bill, which restricts its application to allied ships on anti-terrorism patrols, is a compromise [AFP report] between the leading LDP and the opposition DJP. The anti-terrorism bill prohibits Japanese support of US and other allied ships engaged in military, rescue, or humanitarian operations in Afghanistan. The refuelling mission has been criticized by those who say it violates the country's pacifist constitution by involving Japan in military operations in the Middle East.
The bill is a limited renewal [JURIST report] of the Anti-Terrorism Special Measures Law [text]. Former Japanese Prime Minister Shinzo Abe resigned [JURIST report] last year amid controversy over renewal of a broader version of the anti-terror law. AP has more. The New York Times has additional coverage.


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