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US war crimes court to resume at Guantanamo
Breaking Legal News | 2008/07/09 04:41
U.S. military tribunals at Guantanamo Bay resume this week even as new legal challenges could throw the system into further turmoil.

Five men charged in the Sept. 11 attacks, including alleged mastermind Khalid Sheikh Mohammed, are to appear Wednesday and Thursday for pretrial hearings in the Bush administration's special tribunal for terrorism suspects. Their trials have not yet been scheduled.

The suspects could get the death penalty if convicted of charges that include murder.

A judge is expected to hold hearings to explore defense allegations that Mohammed intimidated his co-defendants into refusing military lawyers.

Meanwhile, a judge in Washington is considering a challenge that could disrupt the first scheduled war crimes trial, on July 21, of Salim Hamdan, a former driver for Osama bin Laden.

Hamdan's lawyers say a recent Supreme Court decision has raised new legal issues that require U.S. District Judge James Robertson to delay the trial. The government says it wants to move forward.

Robertson has scheduled a July 17 hearing in Washington on the issue, just four days before Hamdan is to go on trial in a specially built courtroom on a former airstrip at the U.S. Navy base in Cuba.

A ruling in favor of the prisoner could also delay the trials for other men held at Guantanamo, and perhaps force the military to devise a whole new way to prosecute alleged terrorists.



Former ed superintendent joins Columbia law firm
Legal Careers News | 2008/07/09 03:44
Former South Carolina Education Superintendent Inez Tenenbaum has joined a Columbia law firm, but she'll still be working on education issues.

The State newspaper of Columbia reported Wednesday that Tenenbaum has jointed the McNair Law firm.

The newspaper reported Tenenbaum will work on financial matters, such as bond referendums for school districts seeking to build or renovate schools.

Tenenbaum was state education superintendent from 1999 to 2003. She says she's missed working with school officials.

Managing partner Bill Youngblood says the McNair law firm has represented about 60 of the state's 85 school districts on financial issues in the past five years.

Youngblood says Tenenbaum brings the firm intellect, institutional memory about public education and an understanding of government.



Senate to pass bill overhauling eavesdropping rules
Political and Legal | 2008/07/09 02:41
The Senate finally is expected to pass a bill overhauling rules on secret government eavesdropping, completing a lengthy and bitter debate that pitted privacy and civil liberties concerns against the desire to prevent terrorist attacks.

The vote, planned for Wednesday, would end almost a year of wrangling between the House and Senate, Democrats and Republicans, and Congress and the White House over the president's warrantless wiretapping program that was initiated after the Sept. 11, 2001, terrorist attacks.

A major issue was the Bush administration's insistence that the bill shield from civil lawsuits telecommunications companies that helped the government eavesdrop on Americans without court permission after 9/11.

The White House had threatened to veto the bill unless it immunized companies like AT&T Inc. and Verizon Communications Inc. from wiretapping lawsuits. About 40 such lawsuits have been filed. They are all pending before a single federal court.



Appeals court: EchoStar not barred from lease deal
Business | 2008/07/08 08:01
Federal law does not bar satellite television provider EchoStar Communications Corp. from leasing a transponder to another company to transmit network signals, a U.S. appeals court ruled Monday.

CBS Corp.'s CBS Broadcasting subsidiary, News Corp.'s Fox network and other major network affiliate groups sued EchoStar 10 years ago in South Florida to prevent the Englewood, Co.-based company, which operates the DISH satellite network, from providing distant network signals to customers who can receive local affiliates' broadcasts through regular antennas.

The Satellite Home Viewer Act of 1988 allowed carriers such as EchoStar to provide secondary transmissions of copyrighted distant network programming to "unserved households," those that could not otherwise receive the signals.

The lawsuit claimed that EchoStar was infringing on network copyrights by providing the signals to "served" households as well.

After a two-week bench trial in 2003, the district court found that EchoStar retransmitted network programs to hundreds of thousands of served homes, which it called "willful or repeated" copyright infringement. That ruling was upheld by the 11th U.S. Circuit Court of Appeals, and the U.S. Supreme Court declined to consider an appeal in January 2007.

According to court documents, EchoStar complied with an injunction that went into effect Dec. 1, 2006, by disconnecting distant network channels to about 900,000 customers — at a loss of $25 million a year.



Vick files for bankruptcy protection
Bankruptcy | 2008/07/08 07:01
Imprisoned quarterback Michael Vick is seeking bankruptcy protection, saying he owes between $10 million and $50 million to creditors.

Vick filed Chapter 11 papers in U.S. Bankruptcy Court in Newport News on Monday. The seven largest creditors listed in the court papers are owed a total of about $12.8 million.

Vick is serving a 23-month prison sentence at the U.S. Penitentiary in Leavenworth, Kansas, after pleading guilty last year to bankrolling a dogfighting ring. He was subsequently suspended indefinitely without pay and lost all his major sponsors, including Nike. He also faces state charges related to dogfighting.

According to the filing, the debt includes a $3.75 million prorated signing bonus the Atlanta Falcons are seeking to recover.



EPA dropped wetlands cases after high court ruling
Environmental | 2008/07/08 06:00
The Bush administration didn't pursue hundreds of potential water pollution cases after a 2006 Supreme Court decision that restricted the Environmental Protection Agency's authority to regulate seasonal streams and wetlands.

From July 2006 through December 2007 there were 304 instances where the EPA found what would have been violations of the Clean Water Act before the court's ruling, according to a memo by the agency's enforcement chief.

Officials "chose not to pursue formal enforcement based on the uncertainty about EPA's jurisdiction," according to the memo, which was released Monday by two Democratic House committee chairmen.

The EPA also chose to "lower the priority" of 147 other cases because it was unclear whether the intermittent streams, swamps and marshes flowed into navigable waterways.



Next round begins in Guantanamo Bay court fight
International | 2008/07/08 04:59
Bush administration lawyers are heading to court to begin defending an estimated 200 lawsuits by Guantanamo Bay detainees.

Tuesday's hearing is the first hearing since the Supreme Court ruled last month that detainees can challenge their imprisonment in civilian courts. Officials are expecting hundreds of lawyers and spectators to attend.

Judges will eventually review the government's evidence and decide whether detainees are being lawfully imprisoned. The key issue Tuesday is when that review will begin.

The Justice Department proposes eight weeks to begin filing the evidence. Lawyers for the detainees say it should be faster.



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