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Hicks could face Australian control order after release
U.S. Legal News |
2007/04/02 04:27
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The Australian Federal Police will determine whether Guantanamo Bay military prison detainee David Hicks will be subject to a control order when released from prison later this year, members of the Australian government said Sunday. On Friday a US military commission recommended sentencing Hicks to seven years in prison; all but nine months of that were effectively suspended by a military judge under the terms of a plea agreement kept secret from the panel of military officers during its deliberations. Hicks is expected to be returned to Australia to serve his prison term within two months, after having already spent more than five years in US custody since being captured in Afghanistan. The controversial "control orders" authorized under Australia's 2005 anti-terror legislation allow "the overt close monitoring of terrorist suspects who pose a risk to the community." The first such order was issued in August 2006 and is still undergoing an appellate court challenge. Similar orders have been called unconstitutional in the European Union. Hicks' lawyer said Sunday that he plans to return to school and will not be a threat, but Australian officials have called him "dangerous" and seek closer surveillance. |
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Gonzales Highlights DOJ Efforts to Combat Sexual Abuse
U.S. Legal News |
2007/03/31 17:13
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Attorney General Alberto R. Gonzales today joined U.S. Attorney Michael J. Sullivan to highlight the ongoing efforts of federal, state and local law enforcement in combating the sexual abuse and exploitation of children in Massachusetts. "The horrors of sexual exploitation and abuse are all too real for hundreds of children across the nation," stated Attorney General Alberto R. Gonzales. "I am calling on law enforcement, community leaders and the citizens of Massachusetts to take up the fight to save our children. I applaud the work of the U.S. Attorney's Office for the District of Massachusetts, whose tireless efforts have led to increased prosecutions and stronger sentences against sexual predators in the Commonwealth." Attorney General Gonzales was also joined in today's roundtable by the Massachusetts Internet Crimes Against Children (ICAC) Task Force Director, Massachusetts State Police Captain Tom Kerle, and other members of the Project Safe Childhood initiative for the Commonwealth of Massachusetts. Launched in May 2006, Project Safe Childhood is a nationwide initiative designed to protect children from sexual exploitation and abuse. Led by the U.S. Attorneys Offices, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as identify and rescue victims. Last year, the Department of Justice prosecuted 1,543 cases involving the sexual exploitation or abuse of children. To ensure maximum prison sentences for sexual predators in Massachusetts, the U.S. Attorney's Office provides training for local prosecutors about federal laws and sentences and works collaboratively with District Attorneys and the Massachusetts Attorney General to refer appropriate cases for federal prosecution. As a result, the U.S. Attorney's Office has seen a 300% increase in referred cases, including cases from Plymouth, Essex, Middlesex and Suffolk Counties. The prosecution of child exploitation cases has been a long held priority of U.S. Attorney Sullivan. In 2002, four years prior to the national launch of Project Safe Childhood, the U.S. Attorney's Office created a position and hired an experienced, specially trained prosecutor to be dedicated solely to the prosecution of child exploitation cases. The number of child exploitation prosecutions has consistently increased—from five in 2000 to 18 in 2006. "Nothing is more important than protecting our children from predators," said U.S. Attorney Sullivan. "The U.S. Attorney's Office and our federal, state and local law enforcement partners are committed to doing whatever we can—through enforcement and educational outreach—to provide that protection. Child predators should not to be lulled into thinking they are safe from law enforcement detection by the perceived anonymity of the Internet. We will find you and use every resource at our disposal to ensure you won't harm again." Project Safe Childhood partners for the District of Massachusetts include: the Massachusetts Internet Crimes Against Children (ICAC) Task Force; Massachusetts Attorney General's Office; Plymouth County District Attorney's Office; Essex County District Attorney's Office; Suffolk County District Attorney's Office; Middlesex County District Attorney's Office; the Massachusetts State Police; the FBI; ICE; U.S. Postal Inspection Service; and U.S. Secret Service. In addition to participating in the law enforcement roundtable, Attorney General Gonzales also unveiled a new series of Public Service Announcements (PSAs) regarding online sexual exploitation. The ads, which were developed jointly by the U.S. Department of Justice, National Center for Missing & Exploited Children (NCMEC), and the Ad Council, are designed to educate teenage girls about the potential dangers of posting and sharing personal information online. The Think Before You Post campaign reminds teens that anything you post online, anyone can see, family, friends and even not-so-friendly people. Popular social networking sites such as MySpace, Facebook, and Sconex make it easier for teens to post and share personal information, pictures, and videos, which may make them more vulnerable to online predators. Teenage girls are particularly at risk of online sexual exploitation. A recent study by University of New Hampshire researchers for NCMEC found that of the approximately one in seven youth who received a sexual solicitation or approach over the Internet, 70 percent were girls.http://www.missingkids.com For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov. For more information about the Think Before You Post campaign, please visit http://www.cybertipline.com |
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Maryland House May Scrap Electoral College
U.S. Legal News |
2007/03/30 15:37
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The Maryland Senate passed a bill Wednesday to ignore the US Electoral College in presidential elections, instead awarding the state's 10 electoral votes to the winner of the national popular vote. Currently, the state's 10 votes go to the candidate who won the popular vote in Maryland.
The Senate approved SB 634 by a 29-to-17 vote, and it now goes to the state House. The plan would only go into action if enough states representing a majority of the nation's 538 electoral votes adopt it, making it unlikely that it would be in effect by next year's presidential election. Other states are also considering the plan as a way to avoid a situation where a candidate wins the popular vote but loses the election, as happened with Democrat Al Gore in 2000. |
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Bush to veto vote for withdrawal from Iraq
U.S. Legal News |
2007/03/24 18:48
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President Bush accused the Democratic-led Congress of wasting taxpayers‘ time picking fights with the White House instead of resolving disputes over money for U.S. troops and the firings of the U.S. attorneys. He urged them to accept his offer to allow lawmakers to interview his advisers about the dismissal of eight federal prosecutors — but not under oath — and provide documents detailing communications they had about the firings with outside parties. "Members of Congress now face a choice: whether they will waste time and provoke an unnecessary confrontation, or whether they will join us in working to do the people‘s business," Bush said. "We have many important issues before us. So we need to put partisan politics aside and come together to enact important legislation for the American people." Democrats said it was time to heed the mandate of their election sweep last November, which gave them control of Congress. Passage marked their most brazen challenge yet to Bush on a war that has killed more than 3,200 troops and lost favor with the American public. "By choosing to make a political statement and passing a bill they know will never become law, the Democrats in Congress have only delayed the delivery of the vital funds and resources our troops need," Bush said. "The clock is running. The Secretary of Defense has warned that if Congress does not approve the emergency funding for our troops by April 15, our men and women in uniform will face significant disruptions — and so will their families." Bush said that to get the votes needed to pass the bill, House Democrats included billions of dollars in domestic and pork barrel spending for local congressional districts, including $74 million for peanut storage and $25 million for spinach growers, that has nothing to do with the war. |
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Blair condemns manner of Saddam's execution
U.S. Legal News |
2007/01/07 22:03
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Nine days after Saddam Hussein was put to the death in a grisly, publicized video sequence that outraged the world, Britain's prime minister has finally conveyed his complete denunciation of it. Blair's condemnation - delivered by his official spokesman and not by the great leader himself - came after he was roundly criticised for staying silent on the way Saddam was taunted and degraded before being hanged. Blair's official spokesman said on Sunday that the execution was "completely wrong". He added that the hanging, which mobile phone footage showed was preceded by Saddam being taunted, "shouldn't have happened in that way". Blair's condemnation, even if at second hand, came just hours after his chief political rival and anticipated successor as prime minister, Gordon Brown, said the events around Saddam's hanging were "deplorable" and "unacceptable". Blair has promised he will speak next week - in person - about the grisly events in Baghdad on December 30. Blair had not officially vouchsafed an opinion on Saddam's hanging till now even though President Bush, Egyptian president Hosni Mumbarak and almost the entire British cabinet, starting with deputy prime minister John Prescott and foreign secretary Margaret Beckett have condemned it. Mubarak called the events around the execution "barbaric". The prime minister's critics have questioned the extraordinary silence of a leader who has so far been quick to speak out about the deaths of footballers, pop stars, film actors, royal princesses and indeed any subject under the sun. Liberal Democrat leader Menzies Campbell criticised Blair for not commenting, so far: "The prime minister's continuing silence is deafening. His unwillingness to condemn the shameful scenes surrounding Saddam Hussein's execution does him no credit." Observers said Blair's refusal to discuss Saddam's controversial execution indicated how profoundly uncomfortable he was with the subject. Blair and much of Britain are totally opposed to capital punishment. Despite that, the UK has continued to insist the Iraqi authorities were justified in dealing with Saddam in any way they want. On Sunday, Downing Street returned to the theme of crime and punishment by insisting that Saddam's crimes and the deaths of Iraqis at his hands should not be forgotten. Declining to confirm precisely when Blair would make his comments on Saddam's hanging, a spokesperson said, "In terms of what he will say next week, we don't think there are going to be any surprises on where he stands. He supports the inquiry by the Iraqi authorities. He does believe that the manner of execution was completely wrong, but this shouldn't lead us to forget the crimes that Saddam committed, including the death of hundreds of thousands of Iraqis." Blair, who was on holiday in Miami when the hanging was carried out, has only said so far that he is in favour of an Iraqi inquiry into leaked video footage of Saddam's death. |
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US court rejects bid to stop Saddam execution
U.S. Legal News |
2006/12/30 20:05
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A US federal judge has rejected an eleventh-hour bid by lawyers for Saddam Hussein seeking a direct stay of execution. US District Judge Colleen Kollar-Kotelly issued a 6-page ruling late Friday evening following a telephone conference with lawyers in the wake of court papers filed around 1 PM Friday afternoon. Kollar-Kotelly wrote: As Judge Reggie Walton recently concluded in a strikingly similar matter, this "Court lacks habeas corpus jurisdiction over an Iraqi citizen, convicted by an Iraqi court for violations of Iraqi law, who is held pursuant to that conviction by members of the Multi-National Force-Iraq." Al-Bandar v. Bush, et al., Civ. A. No. 06-2209 (RMC) (D.D.C. Dec. 27, 2006) (denying motion for temporary restraining order to prevent transfer of petitioner to Iraqi custody); see also, Al-Bandar v. Bush, et al., Civ. A. No. 06-5425 (D.C. Cir. Dec. 29, 2006) (denying motion for stay or injunction enjoining transfer of petitioner to Iraqi custody pending appeal). A United States court has no "power or authority to review, affirm, set aside or annul the judgment and sentence imposed" by the court of a sovereign nation pursuant to their laws. Hirota, et al. v. General of the Army Douglas McArthur, et al., 338 U.S. 197, 198, 69 S. Ct. 197, 93 L. Ed. 1902 (1948); Flick v. Johnson, 174 F. 2d 983, 984 (D.C. Cir. 1949). Accordingly, this Court has no jurisdiction to prevent the transfer of Petitioner Hussein to the custody of the Iraqi government, as that would effectively alter the judgment of an Iraqi court. Moreover, Petitioner is not being held under the custody of the United States, and as a result, this Court lacks habeas corpus jurisdiction. Petitioner's counsel agreed that, while Petitioner may be held by members of the United States Military, it is pursuant to their authority as members of the MNF-I. The MNF-I derives its "ultimate authority from the United Nations and the MNF-I member nations acting jointly, not from the United States acting alone." Mohammed v. Harvey, 456 F. Supp. 2d 115, 122 (D.D.C. 2006). As such, it is clear that Petitioner is either in the actual physical custody of the MNF-I or in the constructive custody of the Iraqi government, and not in the custody of the United States. Id. As Petitioner is clearly not held in the custody of the United States, this Court is without jurisdiction to entertain his petition for a writ of habeas corpus.
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