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Congress approves extension of Iraq inspector general
Breaking Legal News | 2006/12/11 08:24

Legislation extending the mandate of the Special Inspector General for Iraq Reconstruction (SIGIR) passed both houses of the US Congress last week at the end of its current session, and the agency will continue to monitor US spending in Iraq until the fall of 2008 pending President Bush's signature. SIGIR was originally established to independently supervise and investigate operations of the US-led Coalition Provisional Authority, and has to date uncovered multiple instances of fraud, bribery, and other legal violations by US government officials and government contractors in Iraq.

House Republicans had initially planned to terminate the agency in October 2007 through through HR 5122, transferring its mandate to the State and Defense departments. Democrats in the House introduced new legislation last month authorizing the agency for an additional year. The measure passed the Senate on Wednesday, and the House approved it by voice vote during its last sitting of the year on Saturday. Rep. Ike Skelton (D-MO), who will take over as Chairman of the House Armed Services Committee in January, has already suggested that he will expand the scope of SIGIR in the new year.



Rumsfeld asks court to dismiss torture suit
Breaking Legal News | 2006/12/09 09:01

US government lawyers asked a federal judge Friday to dismiss a lawsuit against outgoing US Secretary of Defense Donald Rumsfeld in connection with alleged torture and abused by US personnel in Iraq and Afghanistan, arguing Rumsfeld is entitled to immunity. The ACLU and Human Rights First sued Rumsfeld and other military officials in 2005 on behalf of eight former detainees. The suit asserts that Rumsfeld bears direct responsibility for abuses and that his actions violated the US Constitution, federal statutes and international law. DOJ lawyers argued Friday that detainees held overseas do not have constitutional rights and therefore an exception to the general rule of immunity which allows suit when an official violates a plaintiff's constitutional rights does not apply.

US District Judge Thomas F. Hogan seemed skeptical of giving Rumsfeld immunity from the allegations, but also acknowledged that allowing the civil lawsuit to proceed would be unprecedented. He promised to rule quickly in the case. Rumsfeld resigned  from his position last month pending the confirmation of his successor. His resignation was quickly followed by the filing of a war crimes complaint against him under Germany's universal jurisdiction laws.



Ohio Deputies Indicted on Civil Rights Charges
Breaking Legal News | 2006/12/08 10:55

WASHINGTON – Two Lucas County, Ohio, sheriff’s deputies were charged today with violating the civil rights of a juvenile who was in their custody, conspiring to obstruct and actually obstructing a federal investigation of the incident. The two defendants, Troy Jackson, 45, and Marc Odoms, 38, both of Toledo, were charged with violations of federal law for depriving the rights of the victims while acting in their official capacity as sheriff’s deputies, tampering with witnesses and conspiring to obstruct justice. Odoms was also charged with making false statements.

The indictment charges that on Jan. 20, 2005, Jackson, while on official duty, physically assaulted a handcuffed juvenile detained at the Lucas County Juvenile Justice Center by striking him multiple times in the eye and the side of the face. The indictment further charges that Odoms watched the assault and failed to intervene and that Jackson and Odoms subsequently both agreed to and eventually did obstruct a federal investigation of the assault by creating false written reports and making false statements to authorities investigating the incident.

If convicted, both men face a maximum sentence of 10 years in prison and fines of $250,000 on each criminal civil rights and obstruction charge. Odoms faces an additional five years in prison on the false statements charge.

The Civil Rights Division is committed to the vigorous enforcement of every federal criminal civil rights statute, such as those laws that prohibit the willful use of excessive force or other acts of misconduct by law enforcement officials. In fiscal year 2006, nearly 50 percent of the cases brought by the Criminal Section of the Civil Rights Division involved such prosecutions. Since fiscal year 2001, the Department of Justice has convicted 50 percent more defendants for excessive force and official misconduct than in the preceding six years.

An indictment is merely an accusation and the defendants are presumed innocent unless proven guilty.

The case is being prosecuted by Trial Attorneys Kristy L. Parker and Eric Gibson of the Justice Department’s Civil Rights Division and by the U.S. Attorney’s Office for the Northern District of Ohio.



New Orleans Airport To Benefit From Fema Funds
Breaking Legal News | 2006/12/08 10:53

NEW ORLEANS, La. -- The Louis Armstrong New Orleans International Airport was obligated $2.27 million by the Department of Homeland Security’s Federal Emergency Management Agency, it was announced today.

When Hurricane Katrina tore through Louisiana last year, the airport was converted into a shelter that housed stranded passengers, evacuees, trauma victims, airport staff and emergency personnel. Part of the funds obligated today will go towards reimbursement for food, water, electrical services and other emergency services needed during that critical time.

The funds will also cover permanent repairs and renovations to various buildings across the site, including the Airborne Express building, the Hertz Rental Car facility and the Perishable Goods building. Additional work covered includes replacement of Dell Power Pack computers and battery packs for the terminals, damages to uninsured fleet vehicles and for the use of a 1500-gallon fire truck during the emergency.

When projects are obligated by FEMA, the funds are transferred to the state. This allows the state to draw down the monies and distribute them to the local applicants. The state may require additional documentation from the applicant before disbursals are made.

The Public Assistance program works with state and local officials to fund recovery measures and the rebuilding of government buildings, roads and bridges, schools, water and sewer plants, recreational facilities owned by government agencies, some facilities owned by nonprofit agencies, and other publicly owned facilities. FEMA can set aside money to bring each project back to its pre-disaster function and capacity, and the state distributes the money. In order for the process to be successful, federal, state and local partners coordinate to draw up project plans, fund these projects and oversee their completion.

FEMA manages federal response and recovery efforts following any national incident, initiates mitigation activities and manages the National Flood Insurance Program. FEMA works closely with state and local emergency managers, law enforcement personnel, firefighters and other first responders. FEMA became part of the U.S. Department of Homeland Security on March 1, 2003.



FDA Investigating Taco Bell E. Coli Infections
Breaking Legal News | 2006/12/07 11:35

The Food and Drug Administration is assisting in the investigation of an outbreak of E. coli O157 infection in consumers associated with eating food from several Taco Bell restaurants in Northeastern states. FDA is actively working with state and local health officials, the U.S. Centers for Disease Control and Prevention (CDC), the firm, suppliers and distributors to determine the cause of the sicknesses and prevent additional infections.

States reporting probable cases associated with the outbreak are: New Jersey (20); New York (15); Pennsylvania (7); and Delaware (1). Additional cases are suspected in these states and in Connecticut. Thirty five individuals have been hospitalized, three with hemolytic uremic syndrome (HUS). No deaths have been reported to date. CDC reports that the first reported onset of illness connected with this outbreak occurred on November 20, 2006; the latest on December 2, 2006.

This morning, Taco Bell Corp. announced it was voluntarily removing green onions from its restaurants nationwide after preliminary tests by the firm indicated the possible presence of E. coli O157:H7 in samples of the product. To date the confirmatory test has not been reported by Taco Bell. In view of this FDA is continuing to explore the possibility of other food commodities being the source of the E. coli.

FDA is obtaining samples of all non-meat items served in the restaurants that could carry the pathogen. These include cilantro, cheddar cheese, blended cheese, green onions, yellow onions, tomatoes and lettuce. The samples will be tested at FDA laboratories. The states involved are testing as well. At this time the agency does not have data implicating or ruling out any of these items.

FDA also is working with Taco Bell Corp. and its suppliers and distributors to obtain information on sources and distribution of products, to aid in tracing back any products identified as contaminated with the pathogen. The agency continues to cooperate with CDC and state and local health officials to determine the specific cause of the outbreak and prevent further illnesses.

Infection with E. coli O157 causes diarrhea, often bloody. Although most healthy adults can recover completely within a week, some people can develop hemolytic uremic syndrome, a form of kidney failure. HUS is most likely to occur in young children and the elderly. The condition can lead to serious kidney damage and even death.

Consumers who are concerned that they may have contracted E. coli O157 infection should notify your local health department, contact their physician or health care provider or seek medical attention, as needed.

FDA will provide regular updates on this investigation as more information becomes available.



US Marines prepare charges in Iraqi civilian killings
Breaking Legal News | 2006/12/06 10:38

The US military is close to charging at least five US Marines in connection with the deaths of 24 Iraqi civilians in Haditha last November, a military spokesperson said late Tuesday. Though specific details have not yet been disclosed, some Marines may be charged with murder and others with the lesser charge of negligent homicide. The 24 deaths prompted two separate military investigations: one conducted by the Naval Criminal Investigation Service (NCIS), aimed at determining whether to prosecute the soldiers involved, and an investigation into decisions made by Marine leadership led by US Army Major General Eldon Bargewell. An anonymous US official familiar with the NCIS investigation, speaking in May, suggested the Marines murdered in cold blood, and the probe concluded in August that evidence exists to support murder allegations. Bargewell's report has not yet been released, but officials briefed on the investigation said that there was evidence that soldiers concealed and destroyed evidence relating to the incident and were reluctant to hand over evidence.

Lt. Col. Jeffrey R. Chessani, the US Marine commander in charge of the Third Battalion, First Marine Regiment implicated in the Haditha incident, told the Washington Post in August that he did not order an immediate investigation into the deaths because he did not suspect any wrongdoing. Lt. Gen. James Mattis, the officer responsible for determining whether to charge the Marines involved, attracted press attention in 2005 when he told a panel discussion that "It's fun to shoot people".



Susan Winckler Appointed as FDA Chief of Staff
Breaking Legal News | 2006/12/05 12:49

Dr. Andrew von Eschenbach, Acting Commissioner of Food and Drugs (FDA), today announced the appointment of Susan C. Winckler, RPh, Esq., as the agency’s  Acting Chief of Staff. Ms. Winckler is replacing Patrick Ronan who announced his resignation last week after several years of service at the FDA.

In this role, Susan will coordinate staff activities in the Office of the Commissioner and serve as the principal liaison to Department of Health and Human Services.

"Susan has taken a leadership role on important policy initiatives, such as the implementation of improvements to our Advisory Committee process," said Dr. von Eschenbach. "She has a distinguished record of public health leadership and will bring her perspective as healthcare provider to the management challenges of this important post."

Susan joined FDA in September 2006 as the Director, Policy Communications, in the Office of Policy and Planning within the Office of the Commissioner. In this capacity she has been a point person for constituent communications and policy development on key issues, including updating policies and operations related to the management and operation of FDA advisory committees.

Prior to joining the agency, Susan most recently served as the Vice President for Policy and Communications and Staff Counsel for the American Pharmacists Association, the national professional society of pharmacists. In that capacity, she was responsible for coordinating the Association's legislative, regulatory and private sector advocacy agenda and public relations programs. Ms.Winckler served as a frequent spokesperson for the Association for media interviews, on Capitol Hill, and with external organizations.

Susan is a graduate of the University of Iowa College of Pharmacy and the Georgetown University Law Center, magna cum laude. Winckler is a licensed pharmacist in Iowa and is admitted to the bar in the Commonwealth of Virginia.

Susan will begin her new role in early January 2007.



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