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Legal news from Saturday, May 22, 2010




Obama nominates James Cole as Deputy AG
Andrew Morgan on May 22, 2010 2:00 PM ET

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[JURIST] US President Barack Obama Friday nominated former Department of Justice (DOJ) [official website] lawyer James Cole [professional profile] for the position of Deputy Attorney General, the second highest position at the DOJ. Cole previously spent 13 years at the DOJ, including four years as head of the department's Public Integrity Section [official website], responsible for prosecuting government officials. During the 1997 investigation [CNN backgrounder] of former House Speaker Newt Gingrich [personal website], Cole served as the Special Counsel to the House Ethics Committee [official website]. The position of the Deputy Attorney General [official website] has been filled by Gary Grindler [official profile] since February, after first Obama Deputy AG David Ogden resigned [JURIST report] only nine months after being confirmed.

Ogden had been a key member of the Obama transition team at the DOJ prior to his nomination as Deputy AG [JURIST report]. The nomination was controversial, as conservative groups took issue [JURIST report] with his support for abortion rights, including the amicus brief [text, PDF] he wrote for the American Psychological Association in Planned Parenthood Parenthood of Southeastern Pennsylvania v. Casey [opinion, PDF].




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Obama commission to investigate BP Gulf oil spill
Sarah Miley on May 22, 2010 12:29 PM ET

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[JURIST] US President Barack Obama [official website] signed an executive order [text] on Friday establishing an independent commission [White House weekly address] to investigate offshore drilling and the BP oil spill in the Gulf of Mexico [BBC backgrounder]. The National Commission on the BP Deepwater Horizon Oil Spill and Offshore Drilling will be charged with identifying the causes of the BP oil spill and developing options to mitigate future occurrences through laws, regulations and agency reform. The commission will be comprised of a maximum of seven bipartisan members with experience in relevant fields such as science, engineering and the oil and gas industry. The order outlined how the investigation will be administered:
The Commission shall hold public hearings and shall request information including relevant documents from Federal, State, and local officials, nongovernmental organizations, private entities, scientific institutions, industry and workforce representatives, communities, and others affected by the Deepwater Horizon oil disaster, as necessary to carry out its mission…The heads of executive departments and agencies, to the extent permitted by law and consistent with their ongoing activities in response to the oil spill, shall provide the Commission such information and cooperation as it may require for purposes of carrying out its mission…In carrying out its mission, the Commission shall be informed by, and shall strive to avoid duplicating, the analyses and investigations undertaken by other governmental, nongovernmental, and independent entities.
The US Department of Justice [official website] will work in tandem with the commission to make sure the investigation does not interfere with any ongoing investigations, law enforcement activities, or cost-recovery efforts arising out of the BP explosion and subsequent oil spill. The findings will be compiled and delivered to Obama within 60 says of the commission's first meeting.

Criminal and civil actions have been mounting against BP as evidence of the oil giant's lack of proper compliance with regulations has mounted. Earlier this week, DC-based consumer advocacy organization Food and Water Watch (FWW) [advocacy website] filed suit [JURIST report] in a US district court against the US Department of Interior (DOI) and the Minerals Management Service (MMS) [official websites] for an injunction to halt drilling at the BP Atlantis Facility [corporate website], another BP Gulf of Mexico site. The Obama administration has asked DOI Secretary Kenneth Salazar [official profile] to conduct a "top-to-bottom" reform of the MMS [speech text] and ordered immediate inspections of all deep water operations in the Gulf. The Deepwater Horizon oil spill was a result of an oil well blowout that caused an explosion 5,000 feet below the surface of the Gulf. The amount of oil spilled into the Gulf is part of an ongoing debate but the resulting oil slick has covered at least 2,500 square miles. The White House is keeping a daily chronology of events [text].




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Rights group fears ill-treatment of imprisoned Thai protesters
Sarah Miley on May 22, 2010 9:59 AM ET

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[JURIST] Human Rights Watch (HRW) [official website] has expressed concern [press release] about the treatment of anti-government protesters detained during Thailand's latest round of political violence [JURIST news archive]. The group is chiding the Thai government for enacting an emergency decree giving Thai security forces broad power to arrest individuals without formal charges and hold them in secret detention. The decree, which lacks judicial oversight, also prevents detainees from having access to legal counsel or family members. HRW released the statement Thursday after security forces dispersed thousands of anti-government protesters known as red shirts [BBC backgrounder] from Bangkok's main commercial district and arrested several of the group's leaders. HRW acting Asia Director Elaine Pearson [official profile] said:
This terrible crisis is no excuse for mistreating detained protesters or holding them in secret detention. Those who committed crimes should be properly charged, but all should be treated according to international human rights standards and due process of law...Secret detention sites and unaccountable officials are a recipe for human rights abuses. Those arrested should be promptly brought before a judge and charged with a criminal offense or released.
HRW labeled Thailand's emergency decree "draconian," and alleged that the isolation tactics being used by the government greatly increased the risk of "disappearances," torture, and other human rights abuses.

Thai Prime Minister Abhisit Vejjajiva [official profile; JURIST news archive] on Friday promised an independent investigation [JURIST report] into the recent clashes between security forces and the red shirts, many of whom support ousted [JURIST report] prime minister Thaksin Shinawatra [BBC profile; JURIST news archive], removed from power in a 2006 military coup. Abhisit discussed plans for reconciliation aimed at helping the country heal after the nearly two month-long conflict in Bangkok, which has left more than 80 dead. He pledged that due process of law would play an important role in the reconciliation, and that all people would be encouraged to participate in the democratic process. During their protests, the red shirts demanded that Abhisit resign and called for new elections. A member of Abhisit's cabinet has said, however, that new elections will not be held [CBC report] until the situation in the country had stabilized. The Thai government implemented a curfew [JURIST report] in Bangkok and other areas of the country on Wednesday in response to violence that erupted when the leader of the red shirts announced an end to the protests. The curfew remains in effect as the government tries to maintain order.




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House committee votes not to fund US facility for Guantanamo transfers
Andrew Morgan on May 22, 2010 8:34 AM ET

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[JURIST] The US House Armed Services Committee [official website] has approved a bill prohibiting the Obama administration from modifying or building a facility in the US to hold detainees currently held at Guantanamo Bay [JURIST news archive]. The National Defense Authorization Act for Fiscal Year 2011 [text, PDF] provides the Department of Defense (DOD) [official website] with $567 billion, but requires [summary, PDF] that any plan to construct or modify US facilities to accommodate Guantanamo transfers be "accompanied by a thorough and comprehensive plan that outlines the merits, costs, and risks associated with utilizing such a facility." As the Obama administration has not presented such a plan to Congress, the bill prohibits the use of any funds for the purpose of preparing a US facility for Guantanamo transfers. The bill also requires that the President submit a "comprehensive disposition plan and risk assessment" prior to transferring any detainees to the US, which Congress would have 120 days to review, and that the Secretary of Defense certifies to Congress that countries accepting Guantanamo transfers meet "strict security criteria." In response to the Wednesday vote, Illinois Governor Pat Quinn [official website] said that his state still plans to sell [AP report] the Thomson Correctional Center (TCC) [DOC backgrounder] to the federal government, despite a conflict between the provisions of the pending authorization act and a plan to use the facility to house Guantanamo detainees [JURIST report].

In November the US Senate [official website] defeated a measure which would have placed similar restrictions [JURIST report] into the Military Construction and Veterans Affairs Appropriations Act [text, PDF; HR 3082 materials]. In June 2009, the US House denied [JURIST report] an Obama administration request for $60 million to fund the closure of the Guantanamo Bay detention facility, and required the president to submit a detailed plan to Congress documenting the costs and risks of transferring a detainee to the US for trial or detention at least two months before the detainee is to be transferred. In October, US Attorney General Eric Holder [official profile] announced that the Obama administration may miss its January deadline for closing the military prison at Guantanamo Bay, echoing prior statements [JURIST reports] by top administration officials. US President Barack Obama originally issued the executive order to close Guantanamo within a year [JURIST report] on January 22, 2009, two days after taking office.



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