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Legal news from Monday, May 10, 2010




Accused 'Toronto 18' leader pleads guilty mid-trial
Sarah Paulsworth on May 10, 2010 3:23 PM ET

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[JURIST] The accused leader of the Toronto 18 [Toronto Star backgrounder; JURIST news archive], Fahim Ahmad, unexpectedly switched his plea to guilty on Monday in the midst of his Canadian trial on terrorism charges. Ahmad is on trial [Toronto Star report] with Steven Chand and Asad Ansari as the last members to be prosecuted for their involvement in the Toronto 18, a group that allegedly conducted terrorist trainings camps and was planning a number of terrorist attacks with the objective of forcing Canada to withdraw its military troops from Afghanistan. The judge advised the jury that Ahmad's guilty plea is not be taken into consideration in deliberations over Chand and Ansari. This trial represents the first terrorism case in Canada to be tried by a jury [Toronto Star report].

In February, Toronto 18 member Shareef Abdelhaleem was convicted [JURIST report] after a Canadian judge found [Toronto Star report] that virtually no evidence existed to support his claims of entrapment. In January, Amin Mohamed Durrani was released [JURIST report] after pleading guilty to participating in and assisting a terrorist group. Also in January, a Canadian court sentenced [JURIST report] two members of the group, Zakaria Amara and Saad Gaya [JURIST op-ed], to life and 12 years in prison, respectively, for their roles in the plot. Abdelhaleem was the first adult to be tried among the "Toronto 18" originally arrested and charged under Section 83 [Canadian DOJ backgrounder] of the Anti-Terrorism Act [text], Canada's post-9/11 legislation.




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US mediation board eases union election rules for airlines, railroads
Jaclyn Belczyk on May 10, 2010 2:47 PM ET

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[JURIST] The National Mediation Board (NMB) [official website] on Monday issued a new labor rule [text, PDF] that will make it easier for airline and railroad workers to unionize. Under the new rule, the union must only win a majority from votes cast, rather than a majority from all eligible voters. The new rule marks a departure from 76 years of practice under the Railway Labor Act, bringing airlines and railroads in line with most other companies, whose union activities are governed by the National Labor Relations Act [texts]. The rule change is expected to trigger union elections [Reuters report] at Delta Airlines and could also impact JetBlue Airways and AirTran Holdings [corporate websites]. The American Federation of Labor and Congress of Industrial Organizations (AFL-CIO) [website] hailed the new rule [press release] as "more fair and more in line with democratic principles." The Air Transport Association (ATA) [website], however, plans to challenge the new rule in court [press release] on behalf of the airlines. The final rule change will take effect in 30 days after publication in the Federal Register Tuesday.

The NMB originally proposed the rule change in October after a request from the AFL-CIO. The proposal came shortly after US President Barack Obama named Linda Puchala to the three-member board, giving Democrats a 2-1 majority. Board chairman Elizabeth Dougherty issued a strongly worded dissent [text, PDF] against the rule change, accusing the board of acting out of political motivation. Airlines and railroads employ more than 500,000 workers, with approximately two-thirds of those already in unions.




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Zimbabwe high court dismisses terrorism charges against cabinet nominee
Ximena Marinero on May 10, 2010 12:47 PM ET

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[JURIST] Zimbabwe's Supreme Court [court website] on Monday dismissed terrorism and other charges against Movement for Democratic Change (MDC) [party website] party treasurer and deputy agriculture minister-nominee Roy Bennett [BBC profile; JURIST news archive]. Bennett, a close ally of Prime Minister Morgan Tsvangirai [BBC profile; JURIST news archive] ally and opponent of President Robert Mugabe [BBC profile; JURIST news archive], was acquitted after the presiding judge found insufficient evidence to convict [AP report]. Bennett had faced charges under Zimbabwe's Public Order and Security Act [materials] for unlawfully possessing weapons and provoking others "to commit terrorism, banditry and sabotage." The weapons charges had carried a potential death sentence. Tsvangirai had nominated Bennett to be deputy agriculture minister, but Mugabe refused to swear him in until Bennett was cleared of all charges. Bennett now expects Mugabe to uphold [CNN report] those terms.

In January of this year, Zimbabwe's high court rejected [JURIST report] evidence from a key witness in Bennett's trial, ruling that statements the state intended to use to impeach Peter Michael Hitschmann's testimony were not freely made by Hitschmann and were invalid as evidence. Bennett's trial began in November after delays in October to allow his counsel to develop a defense. Bennett was originally arrested on weapons charges in February 2009, and was released [JURIST reports] on bail the following month. He was then re-arrested on the same charges in October, only to be released on bail again. Treason charges against him were dropped in favor of the terrorism and other charges. Bennett was originally sought for questioning [JURIST report] in relation to similar allegations in 2006 but had obtained asylum [IOL report] in South Africa.




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Kuwait court acquits eight accused of planning attack on US base
Matt Glenn on May 10, 2010 11:46 AM ET

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[JURIST] A Kuwaiti court on Monday acquitted eight men accused of planning to attack a US base 70 miles south of Kuwait city whom Kuwaiti authorities say have ties to al Qaeda. Defense lawyer Mohammad al-Kundari claims that the six men arrested were subjected to torture [AFP report] in prison and coerced into making false confessions. Two men were tried in absentia. One, who is still wanted on other charges, has eluded Kuwaiti authorities, and the other is in Lebanon facing separate terrorism charges. Five of the six men in court will be released, while the other is currently serving a life sentence on terror charges.

US courts have also conducted numerous trials for those accused of plotting against the military. In February, a US federal court convicted [JURIST report] Pakistani Aafia Siddiqui [JURIST news archive] on charges that she tried to kill US personnel on a base in Afghanistan where she was being held. Last year, a federal court sentenced five men [JURIST report] to life in prison for their roles on an attempted attack on Fort Dix [official website] in New Jersey. Last year, Iraqi insurgent Wesam al Delama, the first insurgent tried in US federal court, was sentenced to 25 years in prison [JURIST report] for planning attacks on US troops in Iraq.




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Obama nominates Solicitor General Elena Kagan to US Supreme Court
Jaclyn Belczyk on May 10, 2010 10:16 AM ET

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[JURIST] US President Barack Obama on Monday nominated [press release] Solicitor General Elena Kagan [official profile; JURIST news archive] to the US Supreme Court [official website; JURIST news archive]. If confirmed by the US Senate [official website], Kagan would replace Justice John Paul Stevens [official profile; JURIST news archive] when he retires [JURIST report] at the end of the current term. Obama said [transcript; video] that Kagan "is widely regarded as one of the nation's foremost legal minds." Speaking to the press, Kagan described the nomination as an "honor of a lifetime." Senate Republican leader Mitch McConnell (R-KY) congratulated Kagan on her nomination but warned [statement] that the Senate would not "rush to judgment." If confirmed, Kagan will become the youngest justice and the fourth woman to serve on the Supreme Court.

Obama said last month that he would take into account a potential nominee's position on individual liberty [JURIST report], including women's rights, when nominating a Supreme Court justice. Earlier in April, Senate Judiciary Committee Chairman Patrick Leahy (D-VT) [official website] predicted that Obama would nominate a replacement for Stevens in time for hearings to be concluded over the summer [JURIST report]. Kagan became the first woman solicitor general [JURIST report] when she was confirmed by the Senate in March 2009 by a vote of 61-31. Prior to that, she served as dean of Harvard Law School [JURIST report] since 2003.




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Obama administration seeking to limit Miranda rights in terror cases
Matt Glenn on May 10, 2010 9:28 AM ET

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[JURIST] US Attorney General Eric Holder [official profile] said Sunday that the Obama administration plans to ask Congress to enact legislation allowing interrogators to question terror suspects for a longer period of time than currently allowed before informing them of their constitutional rights to remain silent and be represented by an attorney. Holder's announcement [NYT report] came after many criticized interrogators for informing so-called "Christmas Day Bomber" Umar Farouk Adbulmutallab [BBC profile; JURIST news archive], and Faisal Shahzad [JURIST news archive], whom authorities accuse of attempting to detonate a car bomb in Times Square last week, of their Miranda rights. The law, as established in Miranda v. Arizona [opinion text], generally prohibits law enforcement from using statements made by an arrested suspect before they have informed the suspect of his rights. In 1984, however, the Supreme Court recognized a "public safety exception" to this rule in New York v. Quarles [opinion text], whereby officials may question a suspect before informing him of his rights if there is an immediate risk to public safety. Holder indicated that the safety risks posed by terrorism [JURIST news archive] may require a similar or even greater exception in order for law enforcement to gather information necessary to prevent terror attacks.

Last week, lawmakers introduced a bill [JURIST report] that, if passed, would strip US citizenship rights from those suspected of engaging in terrorism. Earlier last week, Shahzad was charged with terrorism [JURIST report] for his role in attempted the Times Square bombing. In March, Senators John McCain (R-AZ) and Joseph Lieberman (I-CT) proposed a law [JURIST report] that would require terror suspects to be stripped of their Miranda rights and to face military interrogation and trial. Amos Guiora of the University of Utah College of Law criticized the proposed legislation [JURIST op-ed], claiming its impact "would be a fundamental miscarriage of justice." In February, Holder defended his decision [JURIST report] to try Abdulmutallab in federal court as well as the decision to read him his Miranda rights.




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