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Court upholds ban on medical marijuana
Court Feed News | 2007/03/15 16:04

A California woman with an inoperable brain tumor may not smoke marijuana to ease her pain even though California voters have approved its medicinal use, a U.S. appeals court ruled on Wednesday. In a much-watched test case, the 9th U.S. Circuit Court of Appeals found there is no fundamental right to marijuana for medical purposes. The ruling agreed with a 2005 U.S. Supreme Court decision.

The split three-judge opinion from Judge Harry Pregerson expressed sympathy for some arguments by plaintiff Angel Raich, 41, an Oakland resident whose doctor testified she could die if she stopped smoking pot. But the ruling backed the 1970 federal Controlled Substances Act barring marijuana.

Raich, who suffers from many ailments, says marijuana keeps her alive by easing pain and bolstering appetite.

"Today I found out I am basically a dead man walking," Raich, who once worked as an accountant and massage therapist, told Reuters. "Today the court said I don't have the constitutional right to basically stay alive."

The mother of two said U.S. officials had never moved to arrest her or bar her from using marijuana and said she would continue to do so every two hours. "I'm damned if I do, damned if I don't," she said.

Raich said she would lobby Congress in Washington to change U.S. law. The court said use of the drug for medical purposes was gaining support but federal law still banned it.

"We agree with Raich that medical and conventional wisdom that recognizes the use of marijuana for medical purposes is gaining traction in the law as well," the judge wrote.

The ruling acknowledged the law could change if legislators reconsider the issue.

"Although that day has not yet dawned, considering that during the last 10 years 11 states have legalized the use of medical marijuana, that day may be upon on us sooner than expected," Pregerson said.

Voters in California, the nation's most populous state, became the first to approve medical marijuana in 1996, putting it in direct conflict with federal law. Gov. Arnold Schwarzenegger has admitting using marijuana in the past.



Chiquita to pay $25M to settle terrorism claims
Court Feed News | 2007/03/15 06:07

Chiquita Brands International, Inc. has reached a plea agreement with the US Justice Department to settle claims that Chiquita paid approximately $1.7 million to a Colombian terrorist group between 1997 and 2004 to protect banana harvesting operations in Colombia, according to a criminal information filed by the DOJ in federal court Wednesday. Chiquita itself released an SEC filing Wednesday, which states, in part:

On March 14, 2007, Chiquita Brands International, Inc. ("the Company") entered into a plea agreement with the United States Attorney's Office for the District of Colombia and the National Security Division of the U.S. Department of Justice (together, the "government") relating to the previously disclosed investigation by the government into payments made by the Company's former banana-producing subsidiary in Colombia to certain groups designated under U.S. law as foreign terrorist organizations. Chiquita voluntarily disclosed the payments to the government in April 2003. Under the terms of the agreement, the Company will plead guilty to one count of Engaging in Transactions with a Specially-Designated Global Terrorist, and will pay a fine of $25 million, payable in five equal annual installments, with interest. The Company also will continue to cooperate with the government in any continuing investigation into the matter. As previously disclosed, the Company had recorded a reserve in 2006 of the full $25 million fine amount in anticipation of reaching a settlement with the government.

The agreement is subject to approval and acceptance by the United States District Court for the District of Columbia.

The payments were made to the United Self-Defense Forces (AUC) of Colombia, which in September 2001 was designated as a terrorist organization by the US government.



Giuliani law firm lobbies for Venezuela firm
Headline News | 2007/03/15 05:33

Republican presidential hopeful Rudy Giuliani's law firm lobbies for Citgo Petroleum Corp., which is controlled by the Venezuelan state oil company and President Hugo Chavez, but the firm said on Wednesday that Giuliani has never worked on the account.

The leftist Chavez is an ardent foe of President George W. Bush's administration and a bane to conservatives whose support Giuliani will need as he seeks the 2008 Republican presidential nomination.

Records filed at the Texas Ethics Commission showed the law firm, Houston-based Bracewell & Giuliani, may have received up to $170,000 from Citgo since 2005.

A spokeswoman for Giuliani's campaign, which has been buoyed by recent opinion polls showing him leading his Republican rivals, declined to answer questions, but provided an e-mail statement denouncing Chavez.

"Mayor Giuliani believes Hugo Chavez is not a friend of the United States and his influence continues to grow because of our increasing reliance on foreign sources of oil," the statement read.

It concluded with a call for developing alternative sources of fuel to replace foreign crude oil. Venezuela is the No. 4 oil supplier to the United States.



Chavez Says Attacks on Bush Not Personal
Legal World News | 2007/03/15 03:28

Hugo Chavez has called President Bush a devil, a donkey and a drunkard. But on Wednesday the Venezuelan leader said his comments were "nothing personal."

Chavez, who had stepped up his verbal assault during Bush's Latin American tour this week, suggested that the two adversaries might eventually overcome their differences and even play a game of dominos or baseball together.

"One day, if maybe George Bush and I survive all of this, we will reach old age, and it would be good to play a game of dominos, street baseball," Chavez said on his weekday radio program.

But he said his comments about the American leader were "nothing personal" and that his opposition to Bush was due to "deep ethical, political, historic and geopolitical" reasons.

Chavez has fiercely opposed U.S.-backed free trade policies and criticized the Bush administration's handling of Iraq and other foreign policy decisions.

Chavez said Bush was part of a long line of elitist U.S. administrations that have become accustomed to abusing the rest of the world, acting unilaterally and violating human rights.

He also taunted the U.S. leader for skirting questions about Chavez during his Latin American tour in the past week, comparing him to a matador avoiding the bull with his cape.

"The president of the United States takes out his cape as always, Ole!, because he doesn't want to respond" to pointed issues raised by the Venezuelan leader, Chavez said.

Bush on Wednesday completed a tour of Mexico, Brazil, Uruguay, Colombia and Guatemala.

Chavez went on something of a shadow tour of Bush's trip over the same period, visiting several regional nations including Argentina, where he led thousands in an anti-bush rally.



Bush in strife over role in lawyer firings
Legal Career News | 2007/03/14 16:43

Embattled Attorney General Alberto Gonzales said Wednesday it's up to President Bush whether he remains in the administration and said he wants to stay and explain to Congress the circumstances surrounding the firings of eight U.S. attorneys.

Amid an escalating political row and calls from some Democrats for his resignation, Gonzales said, "I work for the American people and serve at the pleasure of the president."

"I think you can look at the record of the department in terms of what we've done ... going after child predators, public corruption cases," he said on NBC's "Today" show. "I think our record is outstanding."

Critics charge that the prosecutors were ousted because of political considerations.

Gonzales acknowledged, as he had on Tuesday, that mistakes were made in the handling of the U.S. attorney firings and said he wanted to remain in the job to make things right with Congress.

"I think we've done a good job in managing the department. .. Things are going to happen," he said. "We are going to work with Congress to make sure they know what happened. ... We want to ensure that they have a complete and accurate picture of what happened here."

"I didn't become attorney general by quitting," Gonzales said on CBS's "The Early Show."

Several Democrats have called for Gonzales' resignation, among them presidential candidates Hillary Rodham Clinton and John Edwards.

"The buck should stop somewhere," Clinton said in an interview with ABC's "Good Morning America" which was broadcast Wednesday morning. She added that Bush "needs to be very forthcoming -- what did he say, what did he know, what did he do?" and that high-level White House adviser Karl Rove also "owes the Congress and the country an explanation" for his role in the affair.

The firestorm of criticism has erupted in the wake of the disclosure of e-mails within the administration which showed that Gonzales' chief of staff, Kyle Sampson, had discussed the possible firings of U.S. attorneys in early 2005 with then-White House Counsel Harriet Miers.

Gonzales accepted Sampson's resignation this week; Miers had left the administration earlier this year.

It was the second time in as many weeks that Gonzales came under withering criticism on Capitol Hill. Last week, the attorney general and FBI Director Robert S. Mueller admitted that the FBI had improperly, and at times illegally, used the USA Patriot Act to secretly pry out personal information about Americans in terrorism investigations.

Gonzales, himself a former White House counsel, has been friends with Bush for years, going back to when he served as Bush's secretary of state in Texas. Bush retains full confidence in the attorney general, spokesman Dan Bartlett, traveling with Bush in Mexico, said Wednesday. "He's a standup guy," Bartlett said of Gonzales.

As for the firings, Bartlett said White House officials had heard complaints from members of Congress regarding prosecutors and Bush had raised the subject during an October 2006 meeting with Gonzales. He described the exchange as "offhand" and said Bush did not name any specific prosecutors but did identify their states.

"This briefly came up and the president said, 'I've been hearing about this election fraud issue from members of Congress and want to be sure you're on top of it as well,' " Bartlett said.

Bartlett said that Gonzales had responded, "I know, and we're looking at those issues."

In the NBC appearance Wednesday, Gonzales said he had a "general knowledge" of Sampson's conversations with Miers about the prosecutors, but said "I was obviously not aware of all communications."

"I think we have an obligation to ensure where we can improve upon performance around the country," he said.

One of the ousted U.S. attorneys, David Iglesias, who was the U.S. attorney in New Mexico, told Congress had had received a call from Sen. Pete Domenici, R-N.M., that he considered intimidating. Democrats in Congress have charged that some prosecutors were sacked because there was a belief within the administration that they were not moving quickly enough on political corruption cases involving Democrats.

Domenici acknowledged calling Iglesias but denied trying to put any pressure on the prosecutor to speed up his investigation.

Asked Wednesday if politics played a role in the firings, Gonzales said, "These firings were not politically motivated. They were not done in retaliation. They were not done to interfere with a public corruption case."



Japan court rejects gas lawsuit from China
Legal World News | 2007/03/14 16:41

Five Chinese citizens seeking compensation from Japan for injuries from poison gas left behind in China by Japanese forces during World War Two lost a court battle on Tuesday.
The five Chinese had sought a total of 80 million yen (US$680,000) from the Japanese government for injuries and health problems they suffered between 1950 and 1987.

But on Tuesday, the Tokyo High Court upheld a lower court ruling in May 2003 that had dismissed their damages suit, one of a range of war-related issues that have at times strained relations between the two Asian giants.

It was not immediately clear whether the Chinese plaintiffs would appeal to the Supreme Court.

Beijing and Tokyo have been grappling with a number of disputes over everything from energy resources and territorial boundaries to historical issues stemming from Japan's invasion and occupation of parts of China from 1931 to 1945.

But ties have warmed since Japanese Prime Minister Shinzo Abe took office last September and made his first trip abroad an ice-breaking visit to China. Chinese Premier Wen Jiabao is expected to make a reciprocal visit to Tokyo in April.

In a separate but similar court battle, the Tokyo District Court ordered the government in September 2003 to pay a total of about 190 million yen in compensation to 13 Chinese, including bereaved relatives of victims.

The Japanese government filed an appeal several days later.

The case arose from poison gas incidents in 1974 and 1982 and a shell explosion in 1995, all involving discarded Japanese munitions in Heilongjiang province in northeastern China.

China says Japanese forces left behind about 2 million chemical weapon shells in China, and more than 2,000 people have been harmed by them.

Japanese studies have placed the number of such shells at about 700,000.

Japan had pledged to clean up the weapons by this year, but it later sought an extension, saying the deadline was impossible to meet. China has complained about the slow pace of disposals.

On Aug. 4, 2003, one man died and more than 40 people were injured after five World War Two-era metal barrels containing mustard gas were unearthed at a construction site in the city of Qiqihaer, Heilongjiang.

Japan apologized and paid a total of 300 million yen in compensation to the Chinese government for the Qiqihaer incident.



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