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Serbs Concerned Over Serbian Nationalist
Legal Career News | 2006/12/04 14:02

Some 30,000 Serbs gathered in front of the US embassy in Belgrade on Saturday insisting that the United States and the United Nations are trying to kill ultranationalist Serbian Radical Party (SRS) leader and war crimes defendant Vojislav Seselj. Seselj is currently on the twenty-second day of his hunger strike; he had been refusing medical attention but on Friday agreed to a medical exam by an "independent" team of doctors. The SRS, which denied the protest is a pre-election stunt, accused the International Criminal Tribunal for the former Yugoslavia (ICTY) of acting on American instructions and "jeopardizing Seselj's life". SRS Deputy Leader Tomislav Nikolic described the hunger strike as a "fight against injustice and humiliation."

Seselj was transferred to a Dutch prison hospital adjoining the tribunal's detention center at Scheveningen near The Hague Wednesday so that his medical condition could be more closely monitored. When Seselj went on hunger strike in early November, he demanded that the ICTY dismiss his court-appointed lawyers, who he calls "actors" and "spies," and allow him to conduct his defense to nine war crimes charges. The court later stripped Seselj of his right to defend himself after he failed to appear in court. Seselj is accused of establishing rogue paramilitary units affiliated with the SRS, which are believed to have massacred and otherwise persecuted Croats and other non-Serbs in the Balkan Wars of the 1990s. Seselj has pleaded not guilty to the charges.



New Hampshire GOP phone jamming case settles
Legal Career News | 2006/12/02 23:49
The lawsuit brought against the New Hampshire Republican State Committee for the jamming of Democratic phone lines in the 2002 Senate race has been settled, according to a statement Friday from GOP state Committee Chairman Wayne Semprini. The New Hampshire Democratic Party filed civil suit for compensation for the 800 hang-up phone calls that were placed to interfere with Democratic get-out-the-vote campaigns. The settlement comes just as trial was set to start Monday in Hillsborough County Superior Court on issues of phone system interference and compensation, after the trial judge dismissed 5 of the initial 8 counts in the complaint. Democrats sought $4 million compensation for the cost of the seven-month voter turnout campaign, while Republicans wanted damages to be limited to the $4,974 spent on phone rentals and use. A judge ruled Wednesday that damages above phone rentals could be sought, though not the full $4 million, and that the Democrats had the right to allege that the phone jamming thwarted their efforts to increase voter turnout. The settlement amount has not been disclosed. In a statement Saturday, the New Hampshire Democratic Party said that although the settlement "closes one chapter of the litigation stemming from the shameful and criminal Republican campaign to rob people of their fundamental right to vote, the federal criminal investigation will continue."


Terror suspect to be extradited to US
Legal Career News | 2006/12/01 16:34

The UK High Court ruled Thursday that two British citizens charged with terrorism offenses can be extradited to the US to face terrorism charges. Haroon Rashid Aswat, wanted in the US on suspicion of setting up a terrorist training camp, and Babar Ahmad, wanted for conspiring to kill Americans and running a website used to fund terrorists and recruit al Qaeda members, had argued that they should not be extradited to the US because they would be mistreated or tried as enemy combatants. The extraditions were approved only after the US offered assurances that it would not seek the death penalty, try the suspects before military tribunals or declare them enemy combatants. Lord Justice John Laws dismissed the appeal and held that possible mistreatment by the US "would require proof of a quality entirely lacking here" and that the US is a country" in which the United Kingdom has for many years reposed the confidence not only of general good relations, but also of successive bilateral treaties consistently honoured."

Aswat was arrested in August 2005 by Zambian police and returned to the UK in connection with the July 7 London bombing attacks. He was later arrested under a US warrant on the suspicion of setting up a terrorist training camp in Oregon five years ago. Ahmad was indicted in the US in October 2004. Both extradition cases were heard under a "fast track" extradition procedure under the UK Extradition Act 2003 that decreases the burden of proof on certain countries, including the United States.



FEMA told to resume Katrina housing payments
Legal Career News | 2006/11/30 20:35

US District Judge Richard J. Leon ruled in Washington, DC, Wednesday that the Federal Emergency Management Agency (FEMA) must reinstate certain housing payments for victims of Hurricane Katrina. Leon granted the plaintiff's motion for a preliminary injunction against the payments stoppage, maintaining that FEMA had failed to provide evacuees with adequate explanations for their denials of housing assistance and their means of appeal under the Stafford Disaster Relief and Emergency Assistance Act. The Association of Community Organizations for Reform Now (ACORN)  filed the lawsuit on behalf of displaced hurricane evacuees alleging violations of their due process rights.

FEMA responded Wednesday by defending its policies and saying it will consult with the US Department of Homeland Security and US Department of Justice to determine a formal response to the district court's ruling. FEMA still faces several other suits relating to its termination or withdrawal or housing benefits to Katrina victims.



Insurance may cover Katrina damage
Legal Career News | 2006/11/30 00:46

Flood damage caused by Hurricane Katrina may be covered under those insurance policies that do not specifically exclude from coverage damage caused by negligence, according to a federal court opinion handed down Monday. Judge Stanwood R. Duval Jr. of the US Eastern District of New Orleans rejected a bid by insurers to dismiss plantiffs' actions in a set of consolidated cases.

Applying the Louisiana Civil Code, Duval ruled that insurance policies should be strictly construed against insurers after finding that much of the flood damage resulting from the hurricane was caused by levee failures. He concluded that the term policy "flood" refers only to naturally-caused flooding unless the policy specifically defines the term to cover flooding caused by man as well. He nonetheless noted that certain policies, including those written by State Farm and Hartford Insurance Company, categorically excluded all coverage for flood damage and should not be construed to cover any flood damage. The cases against the insurers will now go forward pending review of Duval's ruling by the US Fifth Circuit Court of Appeals.

In the first Katrina-related insurance lawsuit to go to trial, a federal judge in Mississippi ruled in August that Nationwide Insurance was not obligated to cover a policyholder's claims for water damage caused by the hurricane.



DOJ watchdog opens domestic surveillance probe
Legal Career News | 2006/11/28 03:11

US Justice Department Inspector General Glenn Fine has launched an internal investigation into the DOJ's use of intelligence gathered under the NSA's domestic surveillance program, according to a letter from Fine to Congressional leaders obtained by AP Monday. Fine has notified leaders of the House and Senate judiciary, intelligence and appropriations committees that his office is investigating the Justice Department's "controls and use of information related to the program" as well as its "compliance with legal requirements governing the program."

Under the NSA Terrorist Surveillance Program, warrantless wiretaps are used to intercept telephone calls and e-mails of conversations of individuals suspected of being involved with the al Qaeda terrorist network if one of person is located outside the US.

After the program was first disclosed last year, inspectors general from both the DOJ and the Defense Department refused requests to investigate the program, with Fine citing a lack of jurisdiction. The DOJ request was referred to the department's Office of Professional Responsibility, but the internal probe into the role DOJ lawyers played in designing the program was dropped after the NSA denied investigators clearance to review all relevant documents. Attorney General Alberto Gonzales later said that President Bush personally put an end to the internal OPR investigation.

Jeff  Castaldo
Staff Reporter



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