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Legal news from Saturday, October 3, 2009




Ireland voters approve EU reform treaty
Christian Ehret on October 3, 2009 1:55 PM ET

[JURIST] Ireland approved [press release] the European Union (EU) reform treaty, known as the Lisbon Treaty [EU materials; text], in a second referendum vote held Friday, the European Commission announced Saturday. The vote, which amends Ireland's constitution, was approved by approximately 67 percent of voters, according to an official poll [results]. European Commission president Jose Manuel Barroso applauded [statement, PDF] the treaty's approval, saying that the results show Ireland's recognition of the EU's role in responding to the economic crisis. Irish voters originally rejected the referendum over a year ago, but the government agreed to hold a second vote [JURIST reports] after the EU offered guarantees on representation, national sovereignty, and other legal matters.

Efforts to ratify [JURIST news archive] the treaty in all 27 member countries have been met with some obstacles, but Ireland's approval may now pave the way for the treaty to enter into effect. Last week, German President Horst Koehler [official website, in German] signed [JURIST report] the Lisbon Treaty, completing that country's problematic ratification process. Although the treaty has now been approved in 25 countries, Ireland's rejection of the treaty last year led Czech President Vaclav Klaus [official website] to refuse to sign the measure, despite approval [JURIST report] by the country's senate. In July 2008, Polish President Lech Kaczynski [official website] also refused to sign [JURIST report] the treaty despite parliamentary approval, calling it "pointless" in light of the Irish rejection.






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Federal judge orders DOJ to release Cheney CIA leak interview documents
Bhargav Katikaneni on October 3, 2009 10:06 AM ET

[JURIST] A judge in the US District Court for the District of Columbia [official website] on Friday ordered [order, PDF; memorandum opinion PDF] the US Department of Justice (DOJ) [official website] to release some files from its interview with former vice president Dick Cheney [BBC profile] over his role in leaking the name of Central Intelligence Agency (CIA) [official website] agent Valerie Plame [BBC profile; JURIST news archive]. The lawsuit, filed by Citizens for Responsibility and Ethics (CREW) [advocacy website] under the Freedom of Information Act (FOIA) [text], sought more than 60 pages of interviews that the FBI and the DOJ conducted with Cheney. The DOJ withheld all of the pages detailing Cheney's interview, claiming that statutory exemptions under FOIA permitted them to do so for national security purposes. Ordering a partial release of the documents, Judge Emmet Sullivan said:


[T]he Court concludes that the agency has met its burden of demonstrating that certain limited information was appropriately withheld from disclosure to protect the well-recognized deliberative process and presidential communications privileges under Exemption 5, personal privacy under Exemptions 6 and 7(C), and national security interests under Exemptions 1 and 3. The Court cannot, however, permit the government to withhold the records in their entirety under Exemption 7(A) on the basis that disclosure might interfere with some unidentifiable and unspecified future law enforcement proceedings.

The documents were subpoenaed [JURIST report] last year by the US House Judiciary Committee.

A jury previously found [JURIST report] Cheney aide I. Lewis Scooter Libby [JURIST news archive] guilty of perjury and obstruction of justice in connection with the investigation into the leak of Plame's identity. The US Court of Appeals for the District of Columbia Circuit later disbarred [JURIST report] Libby because of his conviction. In July 2007, a federal judge dismissed [JURIST report] a lawsuit brought by Plame against members of the Bush administration, finding lack of jurisdiction over tort law claims.





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Second Circuit dismisses Sudan human rights suit against oil explorers
Christian Ehret on October 3, 2009 9:28 AM ET

[JURIST] The US Court of Appeals for the Second Circuit [official website] ruled [opinion, PDF] Friday that a lawsuit against Canadian oil exploration company Talisman Energy [corporate website] for alleged human rights violations in Sudan should be dismissed. The court affirmed the lower court's finding [opinion, PDF] that the plaintiffs, including the Presbyterian Church of Sudan, failed to establish that Talisman acted with the purpose of aiding the Sudanese government's violations of genocide, war crimes, and crimes against humanity. The suit was originally brought in 2001 under the Alien Tort Claims Act [text] and claimed that the company supported the government's creation of buffer zones around its oil fields, resulting in the displacement of civilians. Ruling that complicity in the government's actions was not enough for the case to proceed, the court reasoned that:


[P]laintiffs must establish that Talisman acted with the purpose to assist the Government's violations of customary international law. Plaintiffs have provided evidence that the Government violated customary international law; but they provide no evidence that Talisman acted with the purpose to support the Government's offenses. Plaintiffs do not suggest in their briefs that Talisman was a partisan in regional, religious, or ethnic hostilities, or that Talisman acted with the purpose to assist persecution. To the contrary, the actions of the Sudanese government threatened the security of the company’s operations, tarnished its reputation, angered its employees and management, and ultimately forced Talisman to abandon the venture.

Additionally, the court upheld the exclusion of certain evidence including information about the relationship between the Sudanese government's oil profits and military spending. The lower court excluded the evidence because there was no sufficient support to find that Talisman directed its royalty payments to the government's procurement of armaments, even though a jury could find that Talisman believed such revenue was going towards weaponry.

Control of revenues derived from Sudan's oil-producing Abyei region was one of the factors that contributed to the country's violent civil war. In July, the Permanent Court of Arbitration (PCA) [official website] in The Hague issued an order [text, PDF; JURIST report] redrawing the boundaries of the Abyei region. The borders had been disputed by the Sudan People Liberation Movement (SPLM) [group website] and the ruling National Congress Party (NCP) [party website]. Both parties have said they will abide [VOA report] by the court's decision. A peace deal between the government and the SPLM was reached in late 2004, while a comprehensive peace deal, which also covered the country's Darfur region, was signed in early 2005 [JURIST reports].





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