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Gonzales gave aides power to hire, fire appointees
Lawyer Blog News |
2007/05/01 05:56
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Deputy Attorney General Paul J. McNulty told congressional investigators that he had limited involvement in the firing last year of eight U.S. attorneys and that he did not choose any to be removed, congressional aides familiar with his statements said yesterday. McNulty said he provided erroneous testimony to Congress in February because he had not been informed that Attorney General Alberto R. Gonzales and his aides had been working with the White House on the firings for nearly two years, the congressional aides said. The statements Friday, during a private interview with investigators from the House and Senate Judiciary committees, make McNulty the latest senior Justice official to assert that he did not identify any of the U.S. attorneys to be fired and that his role was minimal. Gonzales, former chief of staff D. Kyle Sampson and William E. Moschella, the principal associate deputy attorney general, also told Congress they did not choose who was fired. "If the top folks at DOJ weren't the key decision-makers, it's less likely that lower-down people at DOJ were, and much more likely that people in the White House were making the major decisions," said Sen. Charles E. Schumer (D-N.Y.). Moschella was also interviewed last week. He told investigators he was solely responsible for a provision in the USA Patriot Act reauthorization law that gave Gonzales the authority to appoint U.S. attorneys for an indefinite time, a congressional aide said. Moschella also said that, when the provision was drawn up in November 2005, he was not aware of a dispute over the appointment of a U.S. attorney in South Dakota, the aide said. Justice officials have pointed to that case as a key justification for the provision, which Congress has since repealed. Democrats criticized Gonzales yesterday for giving Sampson and his White House liaison in March 2006 the authority to hire and fire certain employees. "It is disturbing to learn that the attorney general was granting extraordinary and sweeping authority to the same political operatives who were plotting with the White House to dilute our system of checks and balances in the confirmation of U.S. attorneys," said Sen. Patrick J. Leahy (D-Vt.). Administration officials said Gonzales's order, published in the Federal Register and first reported yesterday by the National Journal on its Web site, codifies a process that is standard for agencies throughout the government in dealing with political appointees. "The notion that the White House shouldn't be involved in presidential appointments is bizarre," said White House spokesman Tony Fratto. |
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Virginia ends a loophole in gun laws
Legal Career News |
2007/04/30 19:55
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Virginia Gov. Timothy M. Kaine issued an executive order Monday closing the loophole that allowed Virginia Tech gunman Seung-Hui Cho to purchase a firearm despite having been ordered to receive psychiatric treatment by a Virginia court in 2005. The executive order amends Virginia law so that any person who has received involuntary outpatient or inpatient mental health care will be prohibited from purchasing a firearm by having their name and record placed in a database.
Previously, only those receiving inpatient mental health care were to be listed in the database, which allowed Seung-Hui Cho to bypass the screening process. A federal law prohibits persons "who have been adjudicated as a mental defective or who has been committed to a mental institution" from possessing or receiving "any firearm or ammunition."Legislation to improve enforcement of the National Instant Criminal Background Check System (NICS) has been introduced in the House of Representatives the past three terms, but has never become law. |
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Supreme Court Backs Police in Chase Case
Lawyer Blog News |
2007/04/30 14:46
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The Supreme Court on Monday gave police officers protection from lawsuits that result from high-speed car chases, ruling against a Georgia teenager who was paralyzed after his car was run off the road. In a case that turned on a video of the chase in suburban Atlanta, Justice Antonin Scalia said law enforcement officers do not have to call off pursuit of a fleeing motorist when they reasonably expect that other people could be hurt. Rather, officers can take measures to stop the car without putting themselves at risk of civil rights lawsuits. "A police officer's attempt to terminate a dangerous high-speed car chase that threatens the lives of innocent bystanders does not violate the Fourth Amendment, even when it places the fleeing motorist at risk of serious injury or death," Scalia said. The court sided 8-1 with former Coweta County sheriff's deputy Timothy Scott, who rammed a fleeing black Cadillac on a two-lane, rain-slicked road in March 2001. Victor Harris (nyse: HRS - news - people ), the 19-year-old driver of the Cadillac, lost control and his car ended up at the bottom of an embankment. Harris, paralyzed, sued Scott. Lower federal courts ruled the lawsuit could proceed, but the Supreme Court said Monday that it could not. Justice John Paul Stevens dissented. In an unusual move, the court posted the dramatic video on its Web site. |
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U.S. court to decide case of Mexican on death row
Lawyer Blog News |
2007/04/30 13:49
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The U.S. Supreme Court said on Monday it would decide whether President George W. Bush had the authority to direct a state court to comply with an international tribunal's ruling in the case of a Mexican on death row in Texas. The justices agreed to review a decision by the Texas Court of Criminal Appeals that concluded Bush had exceeded his constitutional authority by intruding into the independent powers of the judiciary. The case involved Jose Medellin, who was denied the right to meet with a consular officer from Mexico after his arrest for murder. The World Court in The Hague in 2004 ordered the United States to review the cases of Medellin and 50 other Mexican death row inmates because U.S. officials failed to tell them of their right under the Vienna Convention to talk to consular officers immediately after their arrests. Bush in 2005 decided to comply with the World Court's ruling and he directed state courts to review the 51 cases to determine whether the violation of their rights caused the defendants any harm at trial or at sentencing. Bush's action caused the Supreme Court to dismiss an earlier appeal by Medellin without deciding the merits of the dispute and to send the case back to the Texas courts. After losing before the Texas Court of Criminal Appeals, Medellin's attorneys again appealed to the Supreme Court. They said the Texas court has put the United States in violation of its undisputed treaty obligations. Bush administration attorneys supported Medellin's appeal. They said Bush acted within his authority and that the Texas court invalidated a presidential action "on a matter of international importance." Medellin, a gang member, was sentenced to death in state court for the 1993 rape and murder of two teenage girls in Houston. The brutal killings stemmed from a gang initiation. Lawyers for the state opposed the appeal. They said Bush exceeded his authority and that he cannot pre-empt Texas criminal law. The Supreme Court will hear arguments and decide the case during its upcoming term that begins in October. |
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D.C. Judge's pants lost, he sues for $65 Million
Court Feed News |
2007/04/29 00:12
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Roy Pearson started legal action claiming Custom Cleaners lost a pair of suit trousers he took in for $10 alterations two years ago. The cleaners' lawyers offered to pay Pearson, an administrative law judge for the District of Columbia, as much as $12,000 to end the row. But astonishingly, Pearson is pressing ahead through the courts with the unbelievable claim for $65,462,500.
Pearson, an administrative law judge in Washington DC, claims he's owed the money because he devoted more than 1000 hours to represent himself in the battle.He insists he has been put through "mental suffering, inconvenience and discomfort". And because he does not have a car, he says he'll now have to RENT one just to get his clothes cleaned at another store.
According to court papers, Pearson dropped off his trousers on May 3, 2005. But they were not ready when he returned later.
Aweek later, the cleaners came up with grey trousers they said were Pearson's - but he insisted they were not the ones he dropped off.
This week, DC Superior Court judge Neal Kravitz said: "The court has significant concerns that the plaintiff is acting in bad faith because of the breathtaking magnitude of the expansion he seeks."
Lawyer Chris Manning, representing Custom Cleaners' owners Ki, Jin and Soo Chung, said: "They have been abused in a ghastly way. It's going to cost them tens of thousands to defend this case."
The Chung family insist his trousers are still at the store, waiting to be collected. |
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Changes Urged for Student Privacy Law
Legal Career News |
2007/04/28 19:19
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A lawmaker who also is a child psychologist wants Congress to better define when a university can release students' mental health information to their parents. Last week's massacre at Virginia Tech shows the need for such legislation, said Rep. Tim Murphy, R-Pa. Virginia Tech student Seung-Hui Cho, 23, went on a shooting spree in a dormitory and classroom building on campus, killing 32 people and himself. It is unclear what, if any, contact the university had with Cho's parents even after a professor removed him from class for violent writing and disruptive behavior. Murphy said he would introduce a bill that would allow a university to notify a student's parents without fear of violating privacy laws if that student is deemed to be at risk of committing suicide, homicide or physical assault. The Federal Educational Rights and Privacy Act of 1974 allows access to records in case of an emergency or to protect the health of a student. Parents also can be notified if the student consents. But the law is written too vaguely, Murphy said in a letter to House colleagues. "There are many examples where information was not released to parents or guardians regarding a student's mental health, which led to miscommunications and withholding of vital information that would have prevented suicides, assaults and other crimes," Murphy said. A magistrate ordered Cho in December 2005 to have an evaluation at a private psychiatric hospital after two women complained about annoying calls from him, and an acquaintance reported he might be suicidal. An initial evaluation found probable cause that Cho was a danger to himself or others as a result of mental illness. David Shern, president of Mental Health America, an advocacy group for people with mental illness, said Murphy's plan sounds reasonable, but he would like to see the specifics. |
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