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UN Climate Summit: Leaders from 80 Nations Attend
Legal World News | 2007/09/24 13:35
U.N. Secretary General Ban Ki-Moon this morning will host heads-of-state at the agency's world headquarters here for a meeting on climate change. Organizers are hoping the gathering will help build confidence in the run up to the UN Climate Convention negotiations scheduled for Bali, Indonesia, in December. Today, nations will begin in earnest to negotiate an international greenhouse gas emissions reductions agreement to kick in post-2012.

Most leaders of the world's governments will attend. U.S. Secretary of State Condoleeza Rice will represent American interests at the meeting. President Bush will meet with the leaders of the UN and other governments at a dinner tonight.

The United States is the largest emitter of greenhouse gases in the world. But the U.S. has declined to sign a U.N. climate document, the Kyoto Protocol, ratified by most of the world's leading nations in 1997. The protocol expires in 2012.

Those close to the scene are looking for a change in U.S. policy based on a series of reports released this year by a worldwide panel of scientists concluding that the scientific proof for climate change is "unequivocal."

"What the United States does, and how the United States decides to enter this negotiation is going to be a very, very telling commentary on the future of the climate negotiations, and ultimately, I believe, on the fate of the earth," said Tim Wirth, president of the U.N. Foundation and a former U.S. Senator from Colorado. Wirth represented the Clinton Administration during U.N. climate negotiations in 1995.

At a news conference last week sponsored by the National Environmental Trust, Sen. John Kerry (D-Mass.) was hopeful about the meeting.

"I'd like to see the President of the United States take the lead and say the United States of America is going to set fixed targets, that we're going to lead the world in alternative renewable fuels and technologies, and we're going to help contribute to the technical assistance and the technologies, themselves, to less developed countries in an effort to facilitate their economic transformation," Kerry said.



Blackwater Shooting Crisis Rallies Baghdad
Legal World News | 2007/09/24 12:32
An escalating controversy over the alleged shooting of Iraqi civilians by a U.S. security firm has triggered the strongest challenge yet to legal immunity for some foreigners in Iraq, while providing a rare rallying cry for the country's polarized factions.

Iraqi government statements have been contradictory on the Sept. 16 gunfire, in which Blackwater USA, based in North Carolina, is accused of having killed Iraqi civilians while escorting an American diplomatic convoy in Baghdad. They range from threats to prosecute Blackwater to promises not to expel the firm from Iraq.

But the government of Prime Minister Nouri al-Maliki has managed to galvanize broad-based opposition to an order issued in the waning days of direct American rule in Iraq that lays out broad immunity from criminal prosecution for U.S. diplomats, troops and private contractors operating in Iraq.

It is known as Order 17, issued by the U.S. Coalition Provisional Authority in 2004. Iraqi officials have long chafed at the law, viewing it as an encroachment on Iraqi sovereignty. But until now, no serious effort has been made to revise it.

The central government, unpopular on the streets and worried about being marginalized, appears to be using the Blackwater crisis to counter U.S. criticism that it is ineffective and to show ordinary Iraqis that it can stand up to Washington.



Fake Bomb Charge an Overreaction
Attorney Blogs | 2007/09/23 16:41
The MIT student who walked into Logan International Airport wearing a computer circuit board and wiring on her sweat shirt claimed it was harmless artwork. But to troopers who arrested her at gunpoint, it was a fake bomb. Nineteen-year-old Star Simpson was charged Friday with possessing a hoax device. Her attorney described the charge as offbase and "almost paranoid," arguing at a court hearing that she did not act in a suspicious manner and had told an airport worker that the device was art.

Authorities said they were amazed that someone would wear such a device eight months after a similar scare in Boston, and six years after two of the jets hijacked in the Sept. 11 attacks took off from Logan.

"I'm shocked and appalled that somebody would wear this type of device to an airport," said State Police Maj. Scott Pare, the airport's commanding officer.

Simpson showed "a total disregard to understand the context of the situation she is in, which is an airport of post-9/11," prosecutor Wayne Margolis said at a hearing where a not guilty plea was entered for Simpson and she was released on $750 bail. Margolis had asked for $5,000 bail.

Simpson, of Lahaina, Hawaii, was arrested Friday morning outside Terminal C, home to United Airlines, Jet Blue and other carriers.

She wore the white circuit board on her chest over a black hooded sweat shirt, Pare said at a news conference. The battery-powered rectangular device had nine flashing lights, and Simpson had Play-Doh in her hands, he said.

Two phrases that looked hand-drawn — "Socket to me" and "Course VI" — were written on the back of Simpson's sweat shirt, which authorities displayed to the media. Course VI appears to refer to Massachusetts Institute of Technology's major of electrical engineering and computer science.

"She said that it was a piece of art and she wanted to stand out on career day," Pare said. "She claims that it was just art, and that she was proud of the art and she wanted to display it."

There was a career fair at the university on Thursday, according to the university's Web site.

Simpson is the secretary of MIT's Electrical Research Society, according to her lawyer. She is a graduate of the Hawaii Preparatory Academy, a private boarding school, has won school prizes for chemistry and leadership and had received a Congressional citation for her work in robotics, said Ross Schreiber, who was appointed to represent Simpson.

He said she was not a risk to flee, cooperated with authorities and was a good student with no prior convictions. He said they would fight the charges.

"I would characterize it as almost being paranoid at this point," Schreiber said of authorities' response.

He said Simpson had gone to the airport to meet her boyfriend. "She was there for legitimate purposes," Schreiber said.

A Massachusetts Port Authority staffer manning an information booth in the terminal became suspicious when Simpson — wearing the device — approached to ask about an incoming flight, Pare said. Simpson then walked outside, and the staffer notified a nearby trooper.

The trooper, joined by others with submachine guns, confronted her in front of the terminal.

"She was immediately told to stop, to raise her hands and not to make any movement, so we could observe all her movements to see if she was trying to trip any type of device," Pare said. "Had she not followed the protocol, we might have used deadly force."

He added, "She's lucky to be in a cell as opposed to the morgue."

The terminal was not evacuated and flights were not affected, airport officials said.

Boston was the focus of a security scare Jan. 31 when dozens of battery-powered devices that featured a character making an obscene gesture with a finger were discovered in various locations. Bomb squads were deployed and some transportation links were closed temporarily. They turned out to be a promotion for the Cartoon Network. Two men were charged in that incident, but prosecutors dropped the charges after they apologized and performed community service.



Is Vermont lawyer being wiretapped?
U.S. Legal News | 2007/09/23 16:40

A Vermont lawyer representing a client being held at Guantanamo, Cuba, is worried that his phone is being tapped by the federal government.

He ought to be. The federal government may have interpreted the revised federal surveillance law to allow it to wiretap the lawyers of Guantanamo prisoners.

The Vermont Public Service Board heard testimony last week about the suspicions of lawyer Bob Gensburg of St. Johnsbury, who says his phone line has inexplicably gone dead and has been subject to strange buzzing noises. Gensburg is one of Vermont's most respected lawyers, and he is not likely to be imagining these occurrences or to be making them up.

The PSB has already involved itself in the issue of unwarranted spying by the government, mounting an investigation into whether Verizon and AT&T had turned over phone calling records to the National Security Agency without warrants. The federal government has sued to block the PSB's investigation, and those in other states, on the grounds that it would jeopardize national security to talk about the activities of the telephone companies.

Mike McConnell, the director of national intelligence, may have undermined the government's case last month when he acknowledged in an interview that the telecommunications companies had helped the government carry out its program of warrantless electronic spying. It will be harder for the government to argue in court that it cannot talk about the phone companies' role now that the nation's spy chief has talked about it. The Public Service Board is now receiving briefs from the parties in the case in response to McConnell's admission.

Meanwhile, Gensburg wonders if his calls to Afghanistan on behalf of his client are being monitored by the government. If so, it would be an unconscionable breach of the lawyer-client privilege.

Gensburg is not the only Vermonter with connections to Afghanistan. Others have relatives working there or friends living there. One editor of our acquaintance telephoned a friend in Kabul within the past two years. The question inevitably arises: Was the telephone contact monitored or subject to the government's efforts at data mining?

Data mining and warrantless spying on international calls are being carried out in the name of the war on terrorism. So is the detention of Afghans and others at Guantanamo, without charges, with limited access to lawyers, and without recourse to the law. The possibility of unaccountable secret detention of American citizens still exists because of the erosion of the habeas corpus rights that are supposed to be part of our constitutional birthright. Last week the Senate failed to end a Republican filibuster of a bill authored by Sen. Patrick Leahy that would have restored our habeas corpus rights.

No one knows if Gensburg's phone has been tapped, but the Bush administration's disregard for constitutional protections creates an atmosphere of fear and suspicion that make the possibility seem real. One of the great advantages of a democracy is that we need not live in fear that the government will be rifling through our desk drawers or spying on private communications.

As for the telephone companies, it was their responsibility to know right from wrong and to stand up to the government when it sought their cooperation in illegal surveillance. The companies are seeking immunity in Congress for their actions. Instead, the investigations in Vermont and elsewhere need to move forward to hold those accountable, in government and the private sector, for actions that compromised our constitutional rights. No one in Vermont or anywhere else should have to fear that a phone call to Kabul is going to get them in trouble — unless the government has reasonable grounds to believe that a particular individual is actually involved in criminal activity.

For the government to monitor the phone calls of a lawyer or to cast out a vast electronic dragnet is for it to practice the methods of the Soviet Union or East Germany. The Vermont PSB now has an important role in checking the excesses of the government and private companies in spying on innocent Vermonters.



Pasadena church wants apology from IRS
Legal Career News | 2007/09/22 16:46
The rector of a liberal Pasadena church today demanded an apology and a clarification from the Internal Revenue Service after being notified that the agency had closed a lengthy investigation of the church over a 2004 antiwar sermon -- but also found that the same sermon constituted illegal intervention in a political campaign.

The Rev. J. Edwin Bacon Jr., rector of All Saints Episcopal Church, told congregants during morning services today that he and other officials were relieved that the church no longer faced the imminent loss of its tax-exempt status, but were bewildered by the IRS' seemingly contradictory conclusions about the case.

All Saints has "no more guidance about the IRS rules now than when we started this process over two long years ago," Bacon said. He said the lack of clarity from the IRS in its recent letter to the church would have a continuing "chilling effect" on the freedom of clerics from all faiths to preach about core moral values and such issues as war and poverty.

Parishioners at this morning's early service applauded his comments.

Bacon said the unclear outcome could mean future investigations of the church.

All Saints, one of Southern California's largest and most liberal congregations, came under IRS scrutiny after a sermon two days before the 2004 presidential election by a guest speaker, the Rev. George F. Regas. In the sermon, Regas, the church's former rector, depicted Jesus in a mock political debate with then-presidential candidates George W. Bush and John F. Kerry.

Regas did not instruct parishioners whom to support in the presidential race, but his suggestion that Jesus would have told Bush that his preemptive war strategy in Iraq "has led to disaster" prompted a letter from the IRS in June 2005 stating that the church's tax-exempt status was in question.

Federal law prohibits tax-exempt organizations, including churches, from intervening in political campaigns and elections.

In its latest letter to All Saints, dated Sept. 10, the IRS said the church continues to qualify for tax-exempt status but that Regas' sermon on Oct. 31, 2004, amounted to a one-time intervention in the 2004 presidential race. The letter offered no specifics or explanation for either conclusion, but noted that the church did have appropriate policies in place to ensure that it complied with prohibitions on political activity.

Jesse Weller, an IRS spokesman, said late Saturday that he could not comment on the case.

In addition to its requests for clarification and an apology, All Saints has asked a top Treasury Department official -- its inspector general for tax administration -- to investigate what the church described as a series of procedural and substantive errors in the case, including allegedly inappropriate conversations about it between IRS and Justice Department officials.

Those conversations, documented in e-mails obtained by the church through Freedom of Information Act requests, appear to show that Justice Department officials were involved in the All Saints case before the IRS made any formal referral of it for possible prosecution, an attorney for the church said. And they raise concerns that the IRS' investigation may have been politically motivated.

"In view of the fact that recent congressional inquiries have revealed extensive politicization of [the Department of Justice], my client is very concerned that the close coordination undertaken by the IRS allowed partisan political concerns to direct the course of the All Saints examination," attorney Marcus S. Owens wrote in a Sept. 21 letter requesting an investigation.


Japan's Fukuda Set To Become Prime Minister
Legal World News | 2007/09/22 16:36
After the haplessness of the Abe era, Japan's governing Liberal Democratic Party has chosen a safe pair of hands to be its new leader, and by extension Japan's next prime minister.

Yasuo Fukuda, 71, was chosen Sunday to lead the party, winning 330 of the 527 votes cast by LDP lawmakers. He easily beat out Taro Aso, a close ally of the previous prime minister Shinzo Abe, who got 197. As leader of the governing party, Fukuda's election as prime minister on Tuesday is a formality.

Fukuda is a veteran politician and fits the mold of a traditional uncharismatic, conservative back-room LDP politician. He was chief cabinet secretary under Abe's predecessor Junichiro Koizumi, and his father, Takeo, was prime minister in the 1970s. He had been expected to run against Abe last time around but stood aside citing his age.

The margin of his victory shows he has the support of the party's biggest factions, and that the old guard is reasserting its control over the party's younger and more nationalist modernizers.


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