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Dutch Citizen Arraigned on Terrorism Charges
Breaking Legal News | 2007/01/29 10:56

WASHINGTON—An Iraqi-born Dutch citizen who was extradited from the Netherlands on Saturday made his initial appearance today in federal court in Washington, D.C., to face charges for allegedly participating in a conspiracy to attack Americans based in Iraq, announced Kenneth L. Wainstein, Assistant Attorney General for the National Security Division, Jeffrey A. Taylor, U.S. Attorney for the District of Columbia, and Joseph Persichini Jr., Assistant Director in Charge of the Federal Bureau of Investigation (FBI) Washington Field Office.

This case represents the first U.S. criminal prosecution arising from terrorist activities taking place in Iraq.

Wesam Al Delaema, a/k/a Wesam Khalaf Chayed Delaeme, was indicted by a grand jury in the District of Columbia in September 2005 and charged with six counts: conspiracy to kill U.S. citizens abroad; conspiracy to use a weapon of mass destruction (explosives); conspiracy to maliciously damage or destroy U.S. government property by means of an explosive; possession of a destructive device (explosives) during a crime of violence; conspiracy to possess a destructive device (explosives) during a crime of violence; and teaching or demonstrating the making or use of an explosive with the intent to further a crime of violence.

The indictment alleges that Delaema traveled from the Netherlands to Iraq in October 2003 and, together with a group of co-conspirators calling themselves the “Mujahideen from Fallujah,” declared his intentions to kill Americans in Iraq using explosives. The indictment further alleges that Delaema and his co-conspirators hid explosives in a road in the area of Fallujah, Iraq.

Delaema, 33, was born in Fallujah, Iraq. He was arrested by Dutch law enforcement authorities on May 2, 2005, and he initially faced similar charges in that country. Following his arrest, Dutch law enforcement and prosecution authorities worked cooperatively with the FBI in its investigation of Delaema’s alleged terrorist activities.

In September 2005, the United States filed a formal request with the Netherlands seeking Delaema’s extradition. The extradition request was subsequently granted by a Dutch court and then by the Dutch Ministry of Justice. In December 2006, the extradition request was sustained on appeal in the Netherlands. This past weekend, Delaema was flown to the United States, arrested, and taken into custody by the FBI.

Today in court, Delaema was arraigned and pleaded not guilty to the charges against him.

“After a lengthy extradition process, this defendant will now face justice for his efforts in orchestrating and launching roadside bomb attacks against our men and women serving in Iraq. We in the ranks of federal prosecutors are honored to play a role in protecting our military colleagues against such deadly and cowardly attacks,” said Assistant Attorney General Kenneth L. Wainstein.

“We will continue to be vigilant in our efforts to bring to justice anyone who plots terrorist attacks against our citizens at home or abroad. We look forward to working cooperatively with the Dutch authorities in prosecuting this defendant under our criminal laws,” said U.S. Attorney Jeffrey A. Taylor.

“Today’s announcement of the extradition of Wesam Khalaf Chayed Delaeme to the United States sends a clear message of the FBI’s unwavering dedication to our mission to detect, deter, and bring to justice any individual who conspires to commit terrorist acts against any U.S. citizen either in this country or on foreign soil. Together with the invaluable assistance of the Dutch National Police Agency and the Dutch Government, we were able to accomplish that mission,” said FBI Assistant Director in Charge Joseph Persichini Jr.

The investigation into this matter was conducted by the FBI’s Washington Field Office, with assistance from the Dutch National Police Agency and the National Office of the Public Prosecutor in the Netherlands. The Office of International Affairs in the Criminal Division of the U.S. Department of Justice coordinated the extradition efforts on behalf of the United States.

The prosecutors handling the case are Assistant U.S. Attorneys Gregg Maisel and Matthew Cohen of the U.S. Attorney’s Office for the District of Columbia, and Trial Attorneys Gregg Sofer, Jerome Teresinski, and Marla Tusk of the Counterterrorism Section of the National Security Division at the Department of Justice.

If convicted of the charges in the criminal indictment, Delaema faces a maximum sentence of life in prison. An indictment is merely a formal charge that a defendant violated a criminal law. All defendants are presumed innocent unless and until proven guilty.



Kilpatrick Stockton Partner Moves Locations
Law Firm News | 2007/01/29 10:17
WINSTON-SALEM -- Kilpatrick Stockton announced that W. Randy Eaddy, a Corporate Department Partner in the firm’s Atlanta office, has moved his practice to Winston-Salem. Mr. Eaddy, with over 25 years of experience in the corporate legal arena, has been with Kilpatrick Stockton since 1992.

This news comes after the firm announced last year that Partner Jeffrey Skinner joined the Winston-Salem Corporate Department after practicing in the firm’s Raleigh office.

“Randy is an outstanding addition to the Winston-Salem office,” said Steve Berlin, Kilpatrick Stockton Executive Committee Member. “Randy’s extensive experience with sophisticated corporate finance and securities transactions will continue to be an incredible resource for all clients and firm attorneys. I have had the privilege of working with Randy for many years and I look forward to him now being just down the hall.”

“I am honored and excited to be a part of the Winston-Salem office, and join forces more directly with our colleagues here to serve the burgeoning business community of the Triad,” said Randy Eaddy. “Over the years, I have always enjoyed working with all firm offices, but especially Winston. This office offers exceptional opportunities. The caliber and diversity of work for existing clients and the potential for others, the commitment to the community, and the esprit de corps throughout the office, all played an important role in my decision to relocate to the Triad.”

Mr. Eaddy’s broadly based practice includes particular emphasis on registered securities offerings, venture capital financings, mergers and acquisitions and other project transactions, and securities law disclosure and compliance matters for public companies. He is a counselor and advisor to executives and directors on myriad strategic decisions for managing their businesses to produce value for their internal and external constituents. Mr. Eaddy has been listed for several years in The Best Lawyers in America® for Corporate Law. Additionally, he was named as one of 2004's "100 Most Influential Georgians" and is recognized as one of Georgia’s "Legal Elite" by Georgia Trend Magazine.

Mr. Eaddy is a 1979 graduate of the Harvard Law School, where he served as an Editor of the Harvard Law Review. He was graduated summa cum laude from Furman University in 1976, where he majored in Political Science and received numerous honors and awards, including election to Phi Beta Kappa, the Blue Key National Honor Society, and Furman's Quaternion Society.

Mr. Eaddy, who chairs Kilpatrick Stockton’s Diversity Council, and is recognized as a thought-leader on diversity in the legal profession, is the principal author of the chapter on "Diversity" in the Thomson/West multi-volume treatise Successful Partnership Between Inside and Outside Counsel. He has published several articles in legal journals, chaired or served as a lecturer and panelist on numerous programs for the continuing legal education of lawyers, and participated as moderator or discussant for academic symposia.

With almost 100 of its 500 lawyers in its Corporate Department, Kilpatrick Stockton brings depth and experience to all aspects of corporate legal issues.

ABOUT KILPATRICK STOCKTON
Kilpatrick Stockton LLP is a full-service international law firm with more than 500 attorneys in nine offices across the globe: Atlanta and Augusta, GA.; Charlotte, Raleigh and Winston-Salem, NC.; New York, NY; Washington, D.C.; London, England; and Stockholm, Sweden. Kilpatrick Stockton's delivery of innovative business solutions provides results-oriented counsel for corporations, from the challenging demands of financial transactions and securities to the disciplines of intellectual property management. Collaboration among Kilpatrick Stockton's corporate, litigation and intellectual property attorneys provides knowledgeable and proactive guidance for companies at every stage of the business life cycle.

For more, go to
www.kilpatrickstockton.com.


Dutch citizen extradited to US for Iraq crimes
International | 2007/01/28 09:19

The Netherlands Justice Ministry has extradited Dutch citizen Wasem al Delaema to the US for his role in attempted killings of US soldiers in Iraq during October 2003, according to the Ministry on Saturday. The extradition follows a ruling by the Appeals Court in The Hague that al Delaema could be extradited for the terror attacks, saying the Court expected the US to observe the prisoner's rights. The US Dept. of Justice (DOJ) asserts that al Delaema will face trial in federal district court rather than a military commission and that he potentially may serve any sentence in the Netherlands, which could be a maximum of life imprisonment. Al Delaema's trial will be the first for a person accused of terrorist activities in Iraq during the war in that country.

Dutch authorities captured al Delaema in the Netherlands in May 2005. The DOJ charged al Delaema in July 2005 after he was seen on a videotape obtained by Dutch prosecutors showing the insurgency group Fighters of Fallujah how to set landmines near US military routes; however, al Delaema claims he was forced to appear on the videotape after being beaten. Al Delaema was indicted in September 2005 on four conspiracy charges in addition to several charges related to possession and training in the use of explosives.



Federal court rules against EPA
Court Watch | 2007/01/27 11:34

The Environmental Protection Agency must force power plants to protect fish and other aquatic life even if it's expensive, a federal appeals court said in a ruling favoring states and environmental groups.

The decision late Thursday by the 2nd U.S. Circuit Court of Appeals concluded that it was improper for the EPA to let power plants circumvent environmental laws - for instance, restocking polluted water with new fish instead of paying to upgrade their technology.

It said the EPA's decisions must "be driven by technology, not cost," unless two technologies produce essentially the same benefits but have much different costs.

"EPA's goal is to protect fish and the ecosystem while meeting the nation's need for reliable energy sources," said Benjamin H. Grumbles, the agency's assistant administrator for water. The agency was reviewing the decision, he said.

The ruling drew praise from environmental groups and six states that had sued.



ACLU urges court to hear case
Legal Business | 2007/01/27 11:32

The American Civil Liberties Union is urging a federal appellate court to continue its challenge to the Bush administration's domestic spying program.

The Bush administration appealed to the court after a federal judge in Detroit ruled the program was unconstitutional.

But the administration now says the case is moot and should be dismissed since the surveillance is monitored by a secret court.

Attorney General Alberto Gonzales has said the judges who oversee the program are reviewing applications to spy on people believed to be linked to al-Qaida, and there is no longer any controversy.

But the A-C-L-U says the administration might return to surveillance outside the secret panel without a court order against it.



Spain seeks broader EU constitution
International | 2007/01/27 11:30

Spain Foreign Minister Miguel Angel Moratinos argued for an expanded European constitution in his opening statement at the “Friends of the EU Constitution” summit that got under way in Madrid Friday. The summit is only open to delegates from the 18 countries that already have ratified the constitution, as well as delegates from Ireland and Portugal, where ratification is strongly supported and seems likely, and seeks to find ways to convince countries that have not ratified the constitution to do so. Moratinos advocated a more comprehensive constitution that could address topics such as immigration, climate change, and defense.

While most summit delegates argued against modifying the constitution, others agreed with Moratinos, and said that the current text is at the threshold for being so minimalist that any further reductions would destroy the worth of the document entirely. Of the countries that have not ratified the current text, several have advocated significant reductions.



Fox Sues YouTube Over Illegal Uploads
Intellectual Property | 2007/01/27 08:38

20th Century Fox served YouTube with a subpoena Wednesday, demanding that the Google-owned viral-video site disclose the identity of a user who uploaded copies of entire recent episodes of "24" and "The Simpsons."

The subpoena, which first came to light on the blog Google Watch, was granted by a judge in U.S. District Court in San Francisco after being filed Jan. 18 by the News Corp.-owned studio. It is not yet known whether YouTube has complied with the request.

In addition, lesser-known video site LiveDigital was served with a similar subpoena. A spokesman for LiveDigital confirmed the company received the subpoena and intended to comply immediately.

A Fox spokesman confirmed the subpoenas were filed and served but declined further comment. A spokesman for YouTube declined comment.

The "24" episodes in question actually appeared on YouTube before their primetime Jan. 14 premiere on the Fox broadcast network, which spread four hourlong episodes of the hit drama over two consecutive nights. Fox became aware thst the episodes were on YouTube on Jan. 8, according to the subpoena.



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