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North Koreans agree to disable nuclear facilities
Legal World News |
2007/10/04 09:55
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North Korea has agreed to disable all of its nuclear facilities by the end of the year, in a move that the Bush administration hailed as a diplomatic victory that could serve as a model for how to deal with Iran, which has defied American efforts to rein in its nuclear ambitions. The North Korea agreement, announced in Beijing on Wednesday, sets out the first specific timetable for the North to disclose all its nuclear programs and disable all facilities in return for 950,000 metric tons of fuel oil or its equivalent in economic aid. The accord is the second stage of a six-nation pact reached in February, one that has continued to draw sharp criticism from conservatives who complain that the United States is rewarding North Korea for its test of a nuclear device last October. The agreement has not yet resolved the contentious question of when North Korea will give up its nuclear weapons. The agreement calls on the United States to "begin the process of removing" North Korea from a United States terrorism list "in parallel" with the North's actions. Conservative critics said the United States should not take North Korea off the terrorism list until it gave up all its nuclear weapons, and argued that the pact was far too conciliatory toward a nuclear power with alleged ties to international terrorism. But the Bush administration has been eager to show diplomatic progress, and Bush suggested that the deal should serve as an example to Iran, which has refused to suspend its uranium enrichment program. During a town hall meeting on Wednesday in Lancaster, Pennsylvania, Bush told a questioner that he might hold direct talks with Iran if it first froze enrichment of uranium. |
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Khodorkovsky Makes Faith-Based Appeal
Legal World News |
2007/10/04 08:17
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Mikhail Khodorkovsky, a former billionaire oil tycoon who has become a poster boy for the political opposition, has sent a missive from his Siberian jail cell appealing for Russians to live according to the highest morals. "An appeal to morals today is all that we have left," Khodorkovsky wrote in the open letter posted on the Web site of the All-Russia Civil Congress, a rights group. Khodorkovsky is serving an eight-year prison sentence after being convicted of tax evasion and fraud in a trial seen by his supporters as punishment for his attempt to mount a political and economic challenge to President Vladimir Putin. His Yukos oil company, once Russia's largest, has been taken over by the state. His open letter, which was dated Monday but only drew attention Thursday, was his first in more than two years. It was directed at Russia's liberals, but contained his prescription for Russian society as a whole. "Only by convincing people that they, deep in their soul, do not simply want to live in good conscience but cannot be happy living otherwise, will it be possible to lay the foundation for building a democratic, law-abiding state, our Russia," the letter said. Khodorkovsky was ruthless in consolidating his control over Yukos in the rough privatizations of the 1990s, when Russia's prime resources were parceled out to the politically connected businessmen who became known as the oligarchs. Once he had consolidated his control, he was among the first in Russia to push for Western-style business practices. He also began to support political parties that opposed Putin's policies and created a foundation to help strengthen civil society in Russia. "He has stopped being a businessman not only in practice, but in his thoughts," Lyudmila Alexeyeva, one of Russia's most respected human rights advocates, said Thursday on Ekho Moskvy radio. She said the transformation occurred even before his arrest in October 2003. "The ordeal he went through has contributed to these reflections. This is a traditional path for people living a difficult life," Alexeyeva said. "This is a very true path, and it's a pity that very few businessmen or politicians take it." In his last missive from prison, issued in August 2005, shortly after his conviction, Khodorkovsky had warned of a growing sense of social injustice over post-Soviet reforms that had enriched a few and plunged the majority of Russians into poverty. In this week's letter, Khodorkovsky referred several times to the need for faith. He said morals were the strongest and most important argument against the presence of hundreds of thousands of homeless children and the lack of medicines in a country with a budget surplus. Morals also were the only argument "against terror and revolution as a means of solving political problems and against the shutting up of all sorts of dissenters," he wrote. In 2005, Khodorkovsky had called for liberals to create a broad "social-democratic" coalition with communists and nationalists to oppose the Kremlin. Such a coalition, called the Other Russia, was formed in 2006. It has held a series of street protests called dissenters' marches, some of which have been violently dispersed by police, but has not succeeded in uniting Russia's squabbling liberals or in attracting communists. On Sunday, the Other Russia chose former world chess champion Garry Kasparov to be its candidate in the March presidential election. Even if he were to be allowed to run, which is unlikely, he would have little hope of posing a significant challenge to the Kremlin's chosen candidate. |
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China Lawyer Says He Was Beaten by Thugs
Legal World News |
2007/10/04 08:10
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An outspoken Chinese lawyer said Wednesday he was abducted and beaten for hours, and accused of causing unrest by representing clients with complaints of official corruption and police abuse. Li Heping said he was attacked with fists and electric batons and held for about five hours Saturday night. He said he was forced into an unmarked car by unidentified men after leaving his Beijing office. "They covered my head and drove me to somewhere far away and brought me to a basement and beat me," Li told The Associated Press in a telephone interview. "They said you out-of-town lawyers are making trouble in Beijing, making it unstable." The alleged attack on Li came the same day a dissident in eastern China who wrote about local corruption was arrested on charges of subverting state power. Also over the weekend, police detained the son and brother of Ye Guozhu, a Beijing resident serving a four-year prison sentence for disturbing the social order after he applied for a permit to hold a protest against forced evictions. China's ruling Communist Party has taken some steps to appear more open ahead of the Beijing Olympics next summer, such as loosening restrictions on foreign reporters. But critics say its grip on dissent has in fact tightened under President Hu Jintao. Controls seem to be ratcheted up as China prepares to hold its twice-a-decade Communist Party congress at which some new senior leaders will be appointed. The meeting, which begins Oct. 15, will set policy for the next five years. Li, who said he was left with bruises and a swollen face, didn't know if the attack was related to the congress. "They shouldn't do this during the 17th Party Congress. Aren't they going out of their way to cause trouble?" he said. The lawyer said he was dropped off near some woods after the attack and walked a long distance until he found a taxi to take him home. He said he was being followed around the clock by security agents. Li said he wasn't sure if he would be able to continue working. He returned to his office the day after the attack and found his lawyer's license was missing. A portable hard drive and his computer memory had been wiped clean, he said. The lawyer's clients have included Chen Guangcheng, a blind activist who helped villagers file a lawsuit accusing local officials of forcing them to undergo abortions or sterilization. Cases this year include that of a Falun Gong practitioner whose family members were detained, and four farmers who were wrongly accused of murder, he said. Telephones at the Beijing public security bureau, which often monitors the activities of dissidents, rang unanswered on Wednesday. The general inquiry line of the state security bureau was not answered. |
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High court examines judges' power to be lenient
Headline News |
2007/10/03 16:13
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The Supreme Court struggled Tuesday with how much discretion U.S. judges have to give lenient sentnces, including in crack cocaine cases. The justices appeared torn on the question that could affect tens of thousands of federal defendants prosecuted each year. The high court has imposed standards for sentencing in recent years to ensure that judges boost prison time based only on facts proved to a jury beyond a reasonable doubt, such as establishing that a crime was particularly cruel. A side effect of those decisions has been confusion over how much discretion trial judges have to vary sentences beyond the U.S. Sentencing Guidelines, adopted in the 1980s to bring uniformity to prison time and counteract race, wealth and other biases. Judges found that the guidelines sometimes prevented them from dealing fairly with individual circumstances. The Supreme Court ruled in 2005 that the guidelines should be considered advisory, not mandatory. Now the question is how appeals courts should determine whether a sentence outside the guidelines was "reasonable." Brian Gall was convicted in Iowa of conspiracy to sell the drug Ecstasy. He was given probation rather than the guidelines' range of 30-37 months behind bars. The judge noted that Gall walked away from the conspiracy at age 21, finished college and started a business. He turned himself in when he was later indicted. Derrick Kimbrough was convicted in Virginia of selling crack and powder cocaine and sentenced to 15 years in prison rather than 19-22 years under the guidelines. The judge cited Kimbrough's military service, along with the controversy over the disparity in punishments for crack and powder cocaine crimes. Sentences for dealing crack cocaine are far harsher than those for powder: 1 gram of crack cocaine triggers the same sentence as 100 grams of powder. The Sentencing Commission, which recommended that Congress narrow the 100:1 ratio, says the stiff crack sentence falls disproportionately on black offenders and low-level dealers. In the Gall and Kimbrough disputes, appeals courts said the judges lacked the latitude to give the lower sentences. The defendants appealed. Justice Samuel Alito, who spent 15 years as an appellate judge before being appointed to the high court, was an active questioner Tuesday. He challenged Gall's lawyer, Jeffrey Green, on the notion that a judge could show leniency based on a defendant's youth, calling that "a policy question." To Kimbrough's lawyer, Michael Nachmanoff, Alito suggested judicial latitude on cocaine sentences could pose a dilemma for appellate judges. "What if (an appeals court) sees a number of absolutely identical cases?" he asked. If one sentencing judge used a 1:1 ratio, the next one used 20:1 and the next 50:1, "what is it to do under 'reasonableness' review?" Nachmanoff said that if the judges in those cases had sufficient reasons, the sentences should be upheld. Justice Department lawyer Michael Dreeben, seeking to win longer sentences for the two men, urged an approach used by many appeals courts. It demands that a sentence varying significantly from the guidelines be justified by a rationale that is equally weighty. Justice John Paul Stevens wondered if that test was too vague: "How do you measure the strength of the justifications?" Dreeben noted that the differing cocaine penalties stemmed from Congress' view in its 1986 law that crack-dealing spawned more violence. "For a judge to say Congress is crazy," Dreeben said, "is a sort of textbook example of an unreasonable sentencing factor." |
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Texas Court Halts Inmate's Execution
Lawyer Blog News |
2007/10/03 16:12
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The Texas Court of Criminal Appeals brought the state in line with the effect of a U.S. Supreme Court review of lethal injection procedures by stopping Wednesday's scheduled execution of a Honduran man. In a reversal from a week ago, the state's highest criminal court Tuesday ordered a halt to the lethal injection of Heliberto Chi, 28, condemned for killing the manager of an Arlington clothing store during a robbery 6½ years ago. Just last week, the appeals court was given a similar appeal for Carlton Turner Jr., a Dallas man set to die for killing his parents, but refused to stop his punishment. The Supreme Court, which last week agreed to review whether lethal injection is unconstitutionally cruel in a claim raised by two condemned Kentucky inmates, gave Turner a reprieve a few hours later, sparing him a trip to the nation's busiest death chamber in Huntsville. The Kentucky lethal injection procedure is the same one used by Texas and other states. Although Chi's lawyers were prepared to go to the Supreme Court, his appeal never got that far. "I'm grateful there's some measure of common sense descending on the great state of Texas," Wes Ball, Chi's attorney, said. "We're not left in the wilderness." Chi would have been the 27th inmate executed in Texas this year, far more than any other state. "We're actually joining the company of perhaps more progressive states like Alabama and Florida," Ball said. "Somebody's finally going to decide this question, so let's stop killing people. If we're supposed to kill them, we can kill them later." In its brief order, the appeals court gave state lawyers 30 days to address the question of "whether the current method of administering lethal injection in Texas constitutes cruel and unusual punishment" in violation of the Eighth Amendment of the Constitution. In their appeal, Chi's attorneys said the execution procedure "creates a wholly unnecessary, unacceptable risk that he will experience excruciating pain and suffering." The Texas Attorney General's Office has said it will review each condemned inmate with an approaching execution date on a case-by-case basis. Gov. Rick Perry, who could issue a 30-day reprieve, has said through a spokesman that the matter is for the courts to resolve but also has said he believes the procedure is proper. Early last week, within hours of the Supreme Court announcement in the Kentucky case, the courts allowed Texas officials to execute Michael Richard for a slaying 21 years ago. Lawyers attributed his execution moving forward to procedural hurdles they couldn't overcome in the hours immediately after the high court announced its Kentucky review. The Texas Court of Criminal Appeals never ruled in his case because the appeal was filed past the court's 5 p.m. closing time. In Turner's case, the Texas court voted 5-4 against stopping his punishment. The order in Chi's reprieve listed no dissenters among the judges. Attorneys involved in death penalty litigation viewed Chi's case as a better indicator of the immediate future of lethal injection in Texas, where 405 inmates have received the toxic drug combinaton since the state resumed capital punishment in 1982. Earlier Tuesday, Terence O'Rourke, a lawyer in the Chi case working with the government of Honduras, lost a request to the Texas Board of Pardons and Paroles for a commutation request or 180-day reprieve. O'Rourke's focus was on Chi's inability to contact someone from the Honduran government, a violation of an international treaty, after he was arrested for the 2001 slaying of Armand Paliotta. The board voted Tuesday 7-0 against a request for commutation. The request for a 180-day reprieve failed in a 4-3 vote. The International Court of Justice in The Hague, ruling in a suit Mexico filed against the United States, has said the convictions of about 50 Mexican-born prisoners violated the 1963 Vienna Convention because they were denied legal help available under the treaty. President Bush then ordered new state court hearings for those prisoners based on the ruling, but his order applies only to imprisoned Mexican citizens. |
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Vick not expected to attend court hearing
Court Feed News |
2007/10/03 16:10
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Michael Vick’s lawyers will make their first Surry County, Va. court appearance Wednesday for state dogfighting charges against the suspended Atlanta Falcons quarterback. Vick, already scheduled to be sentenced Dec. 10 on a federal dogfighting charge, is not expected to attend the Circuit Court hearing, prosecutor Gerald G. Poindexter said. Wednesday’s hearing is to determine whether Vick and three co-defendants have secured legal counsel or need the court to provide lawyers. “It’s just going to be a routine day,” Poindexter said in a telephone interview with The Associated Press. Trial dates for Vick and the others on the state charges will be set Nov. 27, he said. Vick was indicted last week in the rural county where he built a massive home on 15 acres that had been home to a dogfighting enterprise since 2001. He’s charged with beating or killing or causing dogs to fight other dogs and engaging in or promoting dogfighting. Each felony is punishable by up to five years in prison. Lawyers for Vick have indicated they will fight the state charges on the grounds that he can’t be convicted twice of the same crime. In pleading guilty to the federal charge on Aug. 27, Vick admitted helping kill six to eight dogs, among other things. He faces up to five years in prison. Co-defendants Tony Taylor, Purnell Peace and Quanis Phillips also pleaded guilty to the same federal charge. On Tuesday, People for the Ethical Treatment of Animals announced Vick completed an eight-hour class in empathy and animal protection Sept. 18 at the group’s Norfolk headquarters. The organization said Vick took the course during his second visit to their headquarters and returned a third time to take a written test. PETA did not reveal his score on the test, which spokesman Dan Shannon said includes an essay and long-answer questions. Vick, suspended indefinitely by the NFL without pay, did himself no favors last month when he tested positive for marijuana, a violation of U.S. District Court Judge Henry Hudson’s order that he stay clean in exchange for being allowed to be free. After that positive test, Hudson ordered Vick confined to his home address between 10 p.m. and 6 a.m., with electronic monitoring and random drug testing. |
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