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D.C. Court Rules for Individual Gun Rights
Breaking Legal News | 2007/03/12 11:50

The U.S. Court of Appeals for the D.C. Circuit has come down on the side of the rights of individuals to own firearms in striking down parts of Washington, D.C.'s gun-control ordinance, one of the strictest in the nation. The ruling could force the U.S. Supreme Court to render its first decision on the meaning of the Constitution's Second Amendment since 1939.

By a 3-2 vote, the court issued a ruling (.pdf) that supports the opinion that the long-debated Second Amendment protects the rights of individuals, rather than a group or militia, to own firearms.

The provisions of D.C.'s gun control law struck down by the court banned the carrying of handguns inside private homes and required that all privately-owned, licensed firearms be kept locked or disassembled.

Writing in the court's majority opinion (.pdf), Senior Judge Laurence Silberman wrote, "There are too many instances of 'bear arms' indicating private use to conclude that the drafters intended only a military sense." Silberman's ruling was considered a challenge to the U.S. Supreme Court to review its landmark 1939 decision in United States v. Miller, which held that the Second Amendment bestowed gun ownership rights on a militia, rather than on individual citizens.

Gun Rights Back to Supreme Court?
In a Legal Times article by Tony Mauro, Cato Institute's Roger Pilon is quoted as stating, "The issue has been teed up by Judge Silberman in such a way that no honest court can avoid dealing with it head-on," referring to D.C.'s probable appeal of the decision. "He has cut through all the fog surrounding the Second Amendment."

It's ruling in United States v. Miller, stands today as the only definitive decision ever rendered by the Supreme Court on true meaning and legal effect of the Second Amendment, which states, "A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed." In tying gun ownership rights to a state militias, United States v. Miller, established the government's right to limit, through gun control laws, what types of firearms the public can legally "keep and bear."



Justice Department: FBI ‘lost track’ of requests
Breaking Legal News | 2007/03/09 09:11

An internal Justice Department report accuses the FBI of underreporting its use of the Patriot Act to force telecommunications and financial firms to turn over customer information in suspected terrorism cases, according to officials familiar with its findings. Shoddy bookkeeping and records management led to the problems, said one government official familiar with the report. The official said FBI agents appeared to be overwhelmed by the volume of demands for information over a two-year period.

"They lost track," said the official who like others interviewed late Thursday spoke on condition of anonymity because the report had not been released.

The errors are outlined by Justice Department Inspector General Glenn A. Fine in an audit to be released on Friday. The audit requirement was added to the Patriot Act by Congress over the objections of the Bush administration.

The FBI reported to Congress in 2005 that its agents had delivered a total of 9,254 national security letters seeking e-mail, telephone or financial information on 3,501 U.S. citizens and legal residents over the previous two years. That was the first year the Bush administration publicly disclosed how often it uses national security letters to obtain records. The numbers from previous years have been classified.

Fine's report, according to officials, says the numbers of national security letters, or NSLs, between 2003 and 2005 were underreported by 20 percent.

It was unclear late Thursday whether the omissions could be considered a criminal offense. One government official who read the report said it concluded the problems appeared to be unintentional and that FBI agents would probably face administrative sanctions instead of criminal charges.

The FBI has taken steps to correct some of the problems, the official said.

The Justice Department, already facing congressional criticism over its firing of eight U.S. attorneys, began notifying lawmakers of the audit's damning contents late Thursday. Justice spokeswoman Tasia Scolinos said Attorney General Alberto Gonzales "commends the work of the inspector general in uncovering serious problems in the FBI's use of NSLs."

Gonzales has told FBI Director Robert S. Mueller "that these past mistakes will not be tolerated," Scolinos said in a statement early Friday. The attorney general also "has ordered the FBI and the department to restore accountability and to put in place safeguards to ensure greater oversight and controls over the use of national security letters," she said.

Mueller was to brief reporters on the audit Friday morning, and Gonzales was expected to answer questions about it at a privacy rights event in Washington several hours later.

Sen. Charles E. Schumer, a member of the Senate Judiciary Committee that oversees the FBI, called the reported findings "a profoundly disturbing breach of public trust."

"Somebody has a lot of explaining to do," said Schumer, D-N.Y.

Fine's audit also says the FBI failed to send follow-up subpoenas to telecommunications firms that were told to expect them, the officials said.

Those cases involved so-called exigent letters to alert the firms that subpoenas would be issued shortly to gather more information, the officials said. But in many examples, the subpoenas were never sent, the officials said.

The FBI has since caught up with those omissions, either with national security letters or subpoenas, one official said.

National security letters have been the subject of legal battles in two federal courts because recipients were barred from telling anyone about them.

The American Civil Liberties Union sued the Bush administration over what the watchdog group described as the security letter's gag on free speech.

Last May, a federal appeals judge in New York warned that government's ability to force companies to turn over information about its customers and keep quiet about it was probably unconstitutional.



Canadian Guantanamo detainee to boycott trial
Breaking Legal News | 2007/03/09 09:01

Canadian Guantanamo detainee Omar Khadr told his mother Wednesday in the first phone call with his family since his capture in 2002 that he plans to do whatever he can to avoid appearing in front of his military trial in Guantanamo Bay because he believes the military commission is fundamentally unfair.

The Toronto Star reported Thursday that Khadr, now 20, also said he no longer wanted to be represented by his appointed US lawyers, and would only accept legal representation from his family's Canadian lawyer, Dennis Edney. Unlike the Australian lawyers for Australian detainee David Hicks, Edney has not been allowed to travel to the Guantanamo Bay prison. This would not be the first time that Khadr has boycotted proceedings against him.

Khadr was only 15 years old when he allegedly trained with and fought alongside al Queda fighters in Afghanistan. His father, Ahmad Khadr, was a close associate of Osama bin Laden and other senior al Queda leaders. Omar Khadr is accused of planting mines to blow up US convoys and throwing a grenade that killed a US Green Beret. His charges were renewed last month. Earlier this week the US Supreme Court rejected his request to expedite his challenge of the 2006 Military Commissions Act.



Texas Lawmakers Chide Youth Prison Board
Breaking Legal News | 2007/03/08 21:58

A Texas Ranger told lawmakers he tried in vain for two years to get prosecutors to look into evidence that employees at a youth prison in West Texas had repeated sexual contact with the young inmates. He took the results of his 2005 investigation of the West Texas State School in Pyote to federal, state and local prosecutors, but none would pursue the case, he said.

Texas Ranger Sgt. Brian Burzynski speaks to members of a Joint Committee on the Operation and Management of the Texas Youth Commission Thursday, March 8, 2007, in Austin, Texas. Burzynski is one of the first law authorities to investigate allegations of sexual abuse at the West Texas State School.
   
Echoing the words of so many others, Sen. Hillary Rodham Clinton said of U.S. troops: They don't have the luxury of passing the buck to somebody else. They step forward and they step up.

"I promised each one of those victims that I would do everything in my power to ensure that justice would not fail them, the Rangers would not fail them," Brian Burzynski told a legislative committee Thursday, his voice quivering. "I can only imagine what the students think about the Ranger who was unable to bring them justice."

Recent discussions of the agency's budget brought Burzynski's investigation to the Legislature's attention, and an internal investigation confirmed his findings and determined top officials knew of the abuse but did nothing to stop it.

This week, state leaders dispatched law enforcement officials to all 22 state youth facilities and the commission's headquarters to investigate as the sexual abuse scandal became public.

The Texas attorney general's office opened an investigation and aimed to bring the case before a grand jury by May. Lawmakers urged them to hurry.

The legislative committee Burzynski testified before, set up to look into the scandal, also gave the Texas Youth Commission Board of Directors a vote of no confidence during its first meeting Thursday after board members refused to resign.

"You're responsible for 5,000 children that are incarcerated and they're God's children," said state Rep. Jim McReynolds. "I read (investigation reports) last night 'til I wanted to vomit."

Lawmakers are trying to determine who knew that inmates had accused top officials of molesting them, when they knew about it and why they didn't stop the abuse and expose it.

During the often tear-filled testimony, members of the board claimed they didn't know about many of the allegations and didn't have time in their meetings to categorically address reports of abuse.

"I've never been involved in anything where you had to follow up on a case that was done by a Texas Ranger or by a police department or was turned over to a district attorney," said Board Chairman Donald Bethel. "We didn't know anything about that."

Bethel insisted that the board did the best it could with the information it had.

"I don't think anyone else would have done different than what this board did," Bethel said.

Sen. John Whitmire, a Houston Democrat who leads the committee, told the five board members they should all resign: "I think you ought to do the state and the young people of Texas a service by getting out of the way and letting someone else lead."

Investigators on Thursday converged on a halfway house in San Antonio after getting a tip that the superintendent had been shredding documents. Executive Director Ed Owens had previously ordered that no document be destroyed at any of the facilities.

"They conducted a search of her office, vehicle and residence with her consent and they seized state-issued computers as well as a shredder and its contents," said Ted Royer, a spokesman for Gov. Rick Perry. "She was immediately escorted off the facilities and Ed Owens has ordered that she be suspended immediately while this investigation moves forward."



US Supreme Court rejects detainees' request
Breaking Legal News | 2007/03/07 23:06
The US Supreme Court has refused to expedite its consideration of a petition for a writ of certiorari filed by Guantanamo Bay detainees seeking review of the 2006 Military Commissions Act. According to a report on the Jurist site, two Guantanamo detainees, Salim Ahmed Hamdan and Omar Khadr, filed the motion to expedite recently, asking the court to review the MCA provision which prevents federal courts from hearing detainees' habeas corpus challenges. The detainees asked the court to review the habeas-stripping provision as it was applied in two separate cases: the US Court of Appeals for the DC Circuit upheld the dismissal of many habeas cases, and a district judge last December dismissed Hamdan's habeas appeal, finding the district court lacked jurisdiction due to the court-stripping provision. Lawyers for the detainees had hoped that the court would grant certiorari in the appeal and would schedule oral arguments for the current term.


Libby Prepares Request for New Trial
Breaking Legal News | 2007/03/07 11:01

Attorneys for convicted former vice presidential aide I. Lewis "Scooter" Libby began working on a request for a new trial Wednesday as the Bush White House tried to knock down speculation about a possible pardon in the CIA leak case. Libby, the former chief of staff to Vice President Dick Cheney, was found guilty of perjury and obstruction in the investigation into the 2003 leak of CIA operative Valerie Plame's identity. He is the highest-ranking White House official convicted in a government scandal since the Iran-Contra scandal two decades ago.

Government prosecutors led by Patrick Fitzgerald spent nearly four years investigating the case, but never charged anyone with the leak. Libby will be the only one charged in the case, Fitzgerald said.

Libby's attorneys tried to use that during the trial to persuade jurors that, since nobody was charged in the case, Libby didn't fear prosecution for the leak and so he had no reason to lie. Juror Denis Collins summed up the dilemma that he and his associates faced behind closed doors.

"There was a frustration that we were trying someone for telling a lie apparently about an event that never became important enough to file charges anywhere else," he said Wednesday on ABC's "Good Morning America."

At the White House, press secretary Tony Snow brushed off questions about whether President Bush would entertain a pardon for Libby, saying the case remains under legal review. Snow also said Cheney's stature within the administration has not changed or waned as a result of the verdict.



$7B proposed over Indian trusts suit
Breaking Legal News | 2007/03/07 10:50

Native American plaintiffs in the decade-old Indian Trust case have rejected a new $7 billion settlement proposal from the US government but the chairman of the Senate Indian Affairs Committee nonetheless says he will hold a hearing later this month to provide administration officials, plaintiffs, and representatives from other interested parties an opportunity to testify publicly on the settlement offer. Byron Dorgan (D-ND) says the government is admitting liability, but Department of the Interior officials have disputed that interpretation. Native plaintiffs say that the offer does not go far enough, being "pennies on the dollar" in respect of the value of their claim, and that it goes too far in precluding further claims.

The class-action Indian trust litigation involves the alleged mismanagement by the US Department of the Interior of American Indian money - lease and sales revenues, permit fees and and interest - received and held for Native Americans by the US government over the last 120 years. In July, the Cobell plaintiffs said they might consider an $8 billion settlement, much lower than the $27.5 billion figure that the plaintiffs demanded for settlement in 2005.



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