Biti was never convicted, and the charges against him were dropped [NYT report] in 2009 as part of a power-sharing agreement [JURIST report] between the MDC, headed by Morgan Tsvangirai [BBC profile; JURIST news archive], and Mugabe's ZANU-PF party. Zimbabwe's 2008 elections [JURIST news archive] were marred by allegations of fraud [JURIST report] and government ballot rigging. Zimbabwe police arrested several members of the MDC prior to the election, allegedly to prevent the MDC party from participating in the election, and the UN criticized both parties for rights abuses [JURIST reports] leading up to the election. A period of uncertainty also followed the elections, after the ruling government initially refused to release election results, and then announced that a run-off election was needed [JURIST reports] because Tsvangirai had won a slim majority of the votes, but not enough to claim outright victory. Mugabe ran unopposed in the run-off election after Tsvangirai withdrew his candidacy and sought refuge at the Dutch embassy. The results of the run-off election were condemned by the international community [JURIST report] as being neither transparent nor impartial, and the government of Mugabe has been called illegitimate.

Si was arrested [Thanh Nein report, in Vietnamese] in February 2009. In November 2008, four Japanese PCI executives pleaded guilty [BBC report, in Vietnamese] in a Tokyo District Court to paying USD $820,000 of bribes to Si in order to win contracts and develop the infrastructure of the East-West Highway Project. In December 2008, Japan withdrew massive development loans [AP report] and demanded that Vietnam address corruption before resuming financial aid in 2009. In 2007, nine defendants, including three former Vietnamese government officials, were accused of involvement in organized gambling and bribery [JURIST report]. Bui Tien Dung, a former project management head in the Ministry of Transportation, allegedly placed bets totaling USD $760,000 on European soccer matches and subsequently attempted to cover up the alleged wrongdoing by paying a bribe of USD $68,000. Dung headed the Project Manage Unit (PMU) 18, which is responsible for the construction of roads and bridges and is a recipient of aid from the World Bank [official website] and other countries. The World Bank found no evidence of fraud or corruption [press release] after conducting an independent review of PMU 18, although it noted shortcomings in transparency and accounting structures.

Arresting and detaining someone for an extended period without probable cause to believe he violated the law goes against the most basic principles on which our country is founded. The appeals court made it very clear that former Attorney General Ashcroft could be held personally responsible if he used the material witness law to circumvent the Constitution's longstanding rule that a suspect may not be arrested without probable cause of wrongdoing. The appeals court opinion was the right one, and the Supreme Court should uphold that decision. Government architects of policies that so clearly defy the Constitution must be held accountable to the law.

In May the Supreme Court ruled [JURIST report] that a similar case challenging Ashcroft's immunity from lawsuits for mistreatment of prisoners could not go forward because of failure of the plaintiff to adequately state a claim. The court declined to rule on Ashcroft's assertion of qualified immunity, except to note that the denial of a motion to dismiss based on qualified immunity "can fall within the narrow class of appealable orders despite 'the absence of a final judgment.'" Earlier this year, the Ninth Circuit denied Ashcroft's motion for rehearing [JURIST report] in the al-Kidd case, setting the stage for a Supreme Court appeal. The Ninth Circuit originally was split over the question of Ashcroft's immunity, with the dissent questioning the scope of the majority's decision and stating that, "by permitting al-Kidd's suit to proceed, the majority commits two distinct but equally troubling legal errors, each of which will have far-reaching implications for how government officials perform their duties." However, the majority and those in support of its decision believe it necessary to rein in the ability of government officials to distort the law and in doing so, abridge the rights guaranteed to citizens by the Constitution.

The Indian Trust was established by Congress in 1887 to hold proceeds from government-arranged leases to Indian lands. Original litigation was started in 1996 by Elouise Cobell on mismanagement claims [text, PDF] against the Department of the Interior (DOI) [official website]. Although it was determined that the US government had not engaged in fraud, Judge James Roberts of the DC District Court held that the DOI had unreasonably delayed the accounting of the trust. In 2008, litigation ensued [JURIST report] after plaintiffs rejected [JURIST report] a $7 billion settlement proposal from the government. If approved, the $3.4 billion of the current settlement will be divided between class members, a program for improved education for American Indians and a Trust Land Consolidation Fund.

The Army announced in May that its Criminal Investigation Command was opening an investigation [JURIST report] into the civilian deaths in Kandahar. The charges are the latest in a number of incidents involving US soldiers in both Iraq and Afghanistan. In April, a military appeals court reversed the conviction [JURIST report] of US Marine Sgt. Lawrence Hutchins III for the 2006 killing of an Iraqi civilian, citing lack of a fair trial. Hutchins was serving an 11-year sentence, reduced from 15 years [JURIST report], for his role in the April 2006 kidnapping and murder of an Iraqi civilian. In December, former soldier Steven Green appealed his conviction [JURIST report] for his role in the rape and murder of a 14-year old Iraqi girl. Green was sentenced to five consecutive life terms [JURIST report] in September.