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Court orders whistle-blower site offline in U.S.
Court Feed News | 2008/02/19 17:11

A California district court has shut down a controversial Web site in the U.S. that allows whistle-blowers to post corporate and government documents online anonymously. A site known as Wikileaks.org has been taken offline in the U.S. due to a court order from the U.S. District Court in San Francisco. However, the site remains online in other countries, including Belgium and Germany.

The order in the U.S. came after a Swiss bank, the Julius Baer Group, filed a complaint earlier this month against the site and San Mateo, Calif.-based Dynadot LLC, Wikileaks' domain name registry, for posting several hundred of the bank's documents.

Some of those documents allegedly reveal that the Julius Baer Group was involved in offshore money laundering and tax evasion in the Cayman Islands for customers in several countries, including the U.S.

The court ordered that "Dynadot shall immediately clear and remove all DNS-hosting records for the wikileaks.org domain name," according to court documents. It also said that Dynadot should prevent the domain name from resolving to the wikileaks.org Web site, or any other Web site or server other than a blank park page until further notice.

A spokesman for the Julius Baer Group could not be reached for comment Monday.

According to its Web site, the purpose of Wikileaks, founded in 2006, is to develop "an uncensorable system for untraceable mass document leaking and public analysis."

Wikileaks has been plagued by controversy since its inception, coming under fire from institutions whose confidential documents have been posted on the site and from critics who have questioned the motives of the site's founders. Still, others have praised the site for supporting the free dissemination of information.

Wikileaks posted a press statement on its site about the U.S. order, calling it "clearly unconstitutional" and said it "exceeds its jurisdiction."



High Court to Consider Suppression Case
Lawyer Blog News | 2008/02/19 17:09
The Supreme Court agreed Tuesday to consider whether evidence must be suppressed when authorities base an arrest on incorrect information from police files. The Coffee County, Ala., sheriff's department took Bennie Dean Herring into custody after being told by another county he was wanted for failing to appear in court on a felony charge.

In a subsequent search, the sheriff's department found methamphetamine in Herring's pockets and an unloaded gun under the front seat of his truck.

It turned out that the warrant for Herring's arrest had been recalled five months earlier.

Herring was sentenced to 27 months in prison after a jury convicted him on federal drug and gun charges.

Courts have ruled that as a deterrent to police misconduct, the fruits of an unlawful search and seizure may be excluded from evidence.

The 11th U.S. Circuit Court of Appeals in Atlanta said that suppressing evidence in Herring's case would be unlikely to deter sloppy record keeping.

The cost of suppressing the evidence, the appeals court said, would fall on the county that arrested Herring, not on the county that was negligent in its record keeping.



Court Allows Montana Suit Vs. Wyoming
Legal Career News | 2008/02/19 17:09
The Supreme Court on Tuesday allowed Montana to file a lawsuit against Wyoming over water rights in two rivers that flow through both states.

Montana wants the court to rule that Wyoming is using too much water from the Tongue and Powder Rivers, while Montana residents are not getting enough water in some dry years.

Disputes between states often are decided by the Supreme Court.

The disagreement is over the Yellowstone River Compact, an agreement the states and North Dakota signed in 1950 spelling out how to share water.

Montana argues the compact should require Wyoming to limit water use — including from groundwater pumping. Montana argues that coal-bed methane production in Wyoming, which requires pumping huge quantities of groundwater, makes the situation worse.

Wyoming says in response that Montana has failed to show it has been harmed by Wyoming's water use, which is in line with the 1950 agreement.



Fidel Castro retires as president of Cuba
Legal World News | 2008/02/19 16:56

For the first time in nearly half a century, Fidel Castro has stepped down as president of Cuba. The announcement caps a year and a half of limbo and speculation since Mr. Castro fell ill and temporarily ceded power to his younger brother, Raúl Castro.
"I will not aspire to nor accept – I repeat, I will not aspire to nor accept – the post of President of the Council of State and Commander in Chief," read a letter that appeared early Tuesday morning in the Community Party daily Granma.

It is a pivotal moment in the island nation's history. Castro rose to power on New Year's Day in 1959, and quickly became a nemesis of the United States as he turned Cuba into a communist country. Throughout the cold war – and since – US presidents have attempted to topple him with no success. Many Cubans have no memory of anyone other than Castro as the head of state. Even when he handed temporary power to his brother in July 2006, there was an expectation that he would return.



Court Won't Hear Ex-Ala. Coaches' Appeal
Court Feed News | 2008/02/19 13:07
The Supreme Court declined Tuesday to hear an appeal from two former Alabama assistant football coaches who lost their jobs following an NCAA investigation of the Crimson Tide's football program.

The justices rejected the case of Ronnie Cottrell and Ivy Williams without comment.

Cottrell and Williams sued the NCAA and recruiting analyst Tom Culpepper for defamation, claiming they were unable to find comparable employment following the NCAA's investigation of Alabama. The football program was placed on probation and received other sanctions for rules violations.

Cottrell won a $30 million judgment against Culpepper, but the trial judge threw out the verdict and ordered a new trial. The Alabama Supreme Court upheld that ruling, as well as others that eliminated Williams as a plaintiff and the NCAA as a defendant.

Cottrell still is entitled to a new trial, but could find it harder to prove his claims under the Alabama high court ruling.



Court Rejects ACLU Challenge to Wiretaps
U.S. Legal News | 2008/02/19 12:07
The Supreme Court has rejected a challenge to the Bush administration's domestic spying program.

The justices' decision Tuesday includes no comment explaining why they turned down the appeal from the American Civil Liberties Union.

The ACLU wanted the court to allow a lawsuit by the group and individuals over the warrantless wiretapping program. An appeals court dismissed the suit because the plaintiffs cannot prove their communications have been monitored.

The government has refused to turn over information about the closely guarded program that could reveal who has been under surveillance.



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