The judges rejected Franken's argument on Thursday that their review should be confined to determining if the recount was mathematically correct, saying the court has jurisdiction to determine whether votes were legally cast.

Republican Norm Coleman is suing over a recount that ended with Franken up by 225 votes. Coleman's lawsuit alleges that it's an artificial lead based on the double-counting of some ballots and other inconsistencies in some precincts.

The judges did not validate those allegations in refusing to dismiss the case, saying: "It is immaterial whether or not the plaintiff can prove the facts alleged."

Coleman's attorney, Ben Ginsberg, called the decision a "stinging defeat" for Franken.

"We look forward to the trial commencing on Monday," Franken's attorney, Marc Elias, said in a statement.

The judges denied a request by Coleman's lawyers to order counties to ship about 12,000 rejected absentee ballots to the court so that they could be quickly accessible once the court decides whether they should be counted. No explanation was given for the rejection.

Coleman on Thursday also asked the three judges to order inspectors into 86 Minnesota precincts where his lawyers believe there were irregularities in the vote count.

The inspectors would "go to those precincts where there are still questions and try to settle them," said Ginsberg. One inspector would represent Coleman, another Franken and the last would be neutral. Unsettled disputes would presumably be forwarded for consideration in the election trial.

The 11th Circuit Court of Appeals upheld a Tampa district judge's ruling in the case of Youssef Samir Megahed, a former University of South Florida student charged with possession of a destructive device.

Megahed, 22, and a companion were arrested in South Carolina in August 2007 after deputies said they found explosives in the trunk of their car during a traffic stop. Defense attorneys have characterized the items as homemade fireworks.

Prosecutors had appealed the judge's decision to throw out the videos found on a computer at Megahed's home, saying they were essential to the case. They showed Qassam rockets, the type of rockets used by Hamas militants against Israel, and the use of improvised explosive devices and attacks against military forces in the Middle East.

"We're obviously pleased with the 11th Circuit ruling, and we hope to get this thing to trial finally," said Megahed's attorney, Adam Allen.

U.S. Attorney's Office spokesman Steve Cole declined to comment.

Megahed's companion, Ahmed Mohamed, 27, pleaded guilty last year to aiding terrorists by making a YouTube video demonstrating how to make a remote detonator for a bomb. He was sentenced to 15 years in prison.

The video was found on his laptop computer that was in the car when the men were stopped for speeding near Charleston, S.C.

Megahed is not charged in connection with that video.

In ruling unanimously Wednesday for five officers attached to the Central Utah Narcotics Task Force, the court also abandoned a rigid, two-step test that it adopted in 2001 to guide judges in assessing alleged violations of constitutional rights.

Trial and appellate judges "should be permitted to exercise their sound discretion" in evaluating such claims, Justice Samuel Alito said in his opinion for the court.

Under the 2001 ruling, courts first had to determine whether an action amounts to a violation of a constitutional right and then decide whether the public official, often a police officer, should be immune from the civil lawsuit.

The case grew out of a search of the home of Afton Callahan of Millard County, Utah, in 2002.

An informant contacted police to tell them he had arranged to purchase drugs from Callahan at Callahan's trailer home.

Wearing a microphone provided by police, the informant entered the trailer and signaled police that a deal had been made. They entered the trailer without a warrant and arrested Callahan on charges of possession of methamphetamines.

Utah courts ruled that the evidence that was seized from Callahan's home could not be used against him. Other courts have allowed prosecutions to go forward under similar circumstances.

Callahan later sued the officers for violating his constitutional rights. A federal judge ruled the officers could not be sued because there is disagreement in the courts over whether the search was illegal.

Ramzi Binalshibh and Khalid Sheikh Mohammed, the self-proclaimed architect of the terrorist attacks, casually admitted taking part in the attacks during a series of outbursts as the translators struggled to keep up and the judge repeatedly sought to regain control.

"We did what we did; we're proud of Sept. 11," Binalshibh announced at one point in proceedings that dealt with a number of legal issues, including whether he is mentally competent to stand trial on charges that carry a potential death sentence.

Mohammed, who is representing himself, switched back and forth between Arabic and English, insisting at one point that a uniformed military lawyer assigned to assist him be removed from his defense table. The man, he said, represents the "people who tortured me," he said.

Mohammed shrugged off the potential death sentence he faces for charges that include the murder of nearly 3,000 people in the Sept. 11 attacks.

The U.N.'s highest court said the U.S. remains obliged to review the cases of about 50 other Mexicans on death row because they were denied access to their consulate after they were arrested.

But it rejected Mexico's request that Washington guarantee that each case will be reviewed and reconsidered.

Both Mexico and the United States said they were satisfied with elements of the decision.

"It was a mixed result," said John Bellinger III, the legal adviser to the U.S. State Department.

He said the court refused Mexico's main request to spell out the U.S. obligations toward the arrested Mexican nationals, which likely would have led to heightened demands on the U.S. courts. But he was "disappointed" the tribunal declined to acknowledge efforts by the Bush administration to comply with international law and with the court's order.

The Mexican government applauded the ruling in a statement and urged U.S. President-elect Barack Obama to "take concrete actions" to comply with the ruling and "respect the rights of all Mexican nationals." Obama takes office Tuesday.

The judgment ended a five-year cascade of proceedings in the wake of a 2004 decision by the same court that the U.S. had violated an international treaty by failing to advise 51 Mexicans of their consular rights. The court required that each case be reviewed to determine whether the lack of diplomatic access could have affected the outcome of their cases.

In a four-page opinion issued Thursday, Magistrate Judge John Facciola (Fatch-ee-OH-la) says the White House has been ignoring his instructions to search for all electronic messages that may be missing.

The Executive Office of the President, the magistrate said, appears to be avoiding its legal obligation to ensure that electronic messages subject to the Presidential Records Act are preserved.

The court says there is a profound societal interest as well as a legal obligation to protect such records.

The teacher, Matthew Hirschfelder, was charged with first-degree sexual misconduct with a minor for allegedly having sex with a Hoquiam High School senior in 2006. He challenged a judge's refusal to dismiss his case, arguing the student wasn't a minor because she was 18.

Hirschfelder, who was 33 at the time, also denies any sexual relationship occurred.

A three-judge panel of the Washington Court of Appeals unanimously agreed that the case should be dismissed. While the law was written vaguely, a review of legislative history shows that lawmakers only intended to criminalize contact between teachers and 16- or 17-year-old students — not those over 18, the court said.

"The name of the statute is 'sexual misconduct with a minor,'" said Hirschfelder's attorney, Rob Hill, stressing that the state recognizes that an 18-year-old is no longer a minor.

The state's code of professional conduct for teachers still prohibits any sexual advance toward or contact with pupils, whatever their age, and teachers can be fired for it. Sexual contact with students younger than 16 is considered child rape or molestation; the age of consent in Washington is 16.

Hirschfelder has not been able to work as a teacher since late 2006, when he was placed on administrative leave pending an investigation by the school board. He was arrested and charged in spring 2007, after a former choir student told police she had a monthslong affair with him that began shortly before she graduated.

His case did not go to trial because it was stayed pending the appeals court ruling, Hill said. He has been tuning pianos to make ends meet.