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Dozens of Gitmo detainees finally get day in court
Lawyer Blog News | 2009/11/16 12:28

In courtrooms barred to the public, dozens of terror suspects are pleading for their freedom from the Guantanamo Bay prison, sometimes even testifying on their own behalf by video from the U.S. naval base in Cuba.

Complying with a Supreme Court ruling last year, 15 federal judges in the U.S. courthouse here are giving detainees their day in court after years behind bars half a world away from their homelands.

The judges have found the government's evidence against 30 detainees wanting and ordered their release. That number could rise significantly because the judges are on track to hear challenges from dozens more prisoners.

Scooped up along with hard-core terrorist suspects in Afghanistan, Pakistan and elsewhere, these 30 detainees stand in stark contrast to the 10 prisoners whom the Obama administration targeted for prosecution Friday for plotting the Sept. 11 and other terrorist attacks. Khalid Sheikh Mohammed, the professed mastermind of 9/11, and four of his alleged henchmen are headed for a federal civilian trial in New York; five others, including a top suspect in the bombing of the USS Cole, will be tried by a military commission.



Lawyer: FBI asked terror suspect to be informant
Lawyer Blog News | 2009/11/13 18:05

A Massachusetts man accused of plotting to kill Americans was portrayed by federal prosecutors Thursday as a jihadist who is too dangerous to be released on bail, but the man's lawyer said he was charged only after he refused to become an FBI informant against Muslims.

Tarek Mehanna, 27, of Sudbury, was arrested a year ago and charged with lying to the FBI. New, more serious charges were added last month, when Mehanna was accused of conspiring with two other men to shoot shoppers at U.S. malls, to kill two unnamed prominent U.S. politicians and to kill American soldiers in Iraq.

Authorities said he and the other men never came close to pulling off an attack, but did seek training at terrorist camps in the Middle East. The men allegedly told friends they were turned down for terrorist training because of their nationality, ethnicity or inexperience, or that they were unable to make contact with people they hoped would get them into such camps.

The men abandoned plans to attack malls because their weapons contact said he could find only handguns, not automatic weapons, prosecutors allege.

During a detention hearing in federal court on Thursday, Magistrate Judge Leo Sorokin heard arguments from prosecutors and Mehanna's defense on whether he should be kept behind bars until his trial. Sorokin did not immediately rule.

Assistant U.S. Attorney Aloke Chakravarty urged the judge to hold Mehanna without bail, saying he poses a danger to the community and is likely to flee before his trial because he faces a possible sentence of life in prison.



W.Va. Supreme Court opts for e-mail privacy
Lawyer Blog News | 2009/11/13 14:59

The state Supreme Court has ruled that public officials and public employees can keep their personal e-mails private.

The court ruled 4-1 Thursday that none of the 13 e-mails between former Supreme Court Chief Justice Elliott "Spike" Maynard and Massey Energy Chief Executive Don Blankenship are public records. The Associated Press had sued to gain access to the correspondence last year, when Massey had several cases pending before the high court.

Kanawha County Circuit Court Judge Duke Bloom ruled that five of the e-mails were public, but that eight were not. Bloom reasoned that the five e-mails were public records because they touched on Maynard's ultimately unsuccessful campaign in the Democratic primary, in which he ran against two of the justices now sitting on the court. The five e-mails were released after that ruling.

But the Supreme Court ruled that Bloom was wrong to release those e-mails, and sent the case back to his court. Justice Margaret Workman was the lone dissenter.



Lawyer: Colo. balloon boy parents to plead guilty
Lawyer Blog News | 2009/11/12 16:24

The Colorado parents who reported their 6-year-old son floated away aboard a helium balloon will plead guilty to some charges and serve probation so that the family can stay together, the attorney for the boy's father said Thursday.

Richard Heene will plead guilty in the alleged Oct. 15 hoax to attempting to influence a public servant, a felony, his attorney David Lane said. Mayumi Heene — a Japanese citizen who could have been deported if convicted of more serious charges — will plead guilty to false reporting to authorities, a misdemeanor, he said.

Prosecutors haven't announced whether they've filed charges in the case and didn't immediately return a call Thursday seeking comment on the plea agreement.

The saga gripped a global audience, first with fear for the safety of 6-year-old Falcon Heene and then with anger at his parents when authorities accused them of perpetrating a hoax.

After the boy was found safe at home, sheriff's officials contacted social workers to make sure the children were in a healthy environment.

Lane didn't address whether the pleas would include monitoring of the couple. Mayumi Heene's attorney, Lee Christian, did not return a call, and the Heenes didn't answer when an Associated Press reporter knocked on their door Thursday morning.

As part of the plea deal, Lane said prosecutors have agreed to let both parents serve probation sentences. The most serious of the charges recommended by Larimer County Sheriff Jim Alderden would have carried a maximum sentence of six years in prison.



Va. AG Mims to work for law firm after Jan. exit
Lawyer Blog News | 2009/11/11 17:28

Attorney General Bill Mims will join a powerful law and lobbying firm after his 11-month stint in office ends in January.

Mims will become a partner in the Hunton & Williams firm in its administrative law and government relations practice after Ken Cuccinelli is sworn in as attorney general on Jan. 16.

The General Assembly appointed Mims in February to serve the remainder Bob McDonnell's term. McDonnell resigned as attorney general last winter to run his successful Republican campaign for governor.

The 52-year-old Mims is a former state senator from Loudoun County. He served as chief deputy attorney general under McDonnell.



Appeals court agrees Vick can keep $16M in bonuses
Lawyer Blog News | 2009/11/11 17:24

A federal appeals court on Tuesday backed the judge who ruled against the NFL and let quarterback Michael Vick keep more than $16 million in roster bonuses from the Atlanta Falcons.

The 8th U.S. Circuit Court of Appeals on Tuesday affirmed Judge David Doty's order saying Vick had already earned the bonuses before his dogfighting conviction, so the money wasn't subject to forfeiture.

Vick served 18 months in prison and is now with the Philadelphia Eagles.

Doty has long handled matters arising from the NFL's collective bargaining agreement. After Doty ruled in the Vick bonus case, the NFL accused him of bias and sought to end his oversight of its contract with the players union.

The appeals court said the contract should remain under Doty's oversight.

NFL spokesman Greg Aiello did not say whether the league planned a further appeal, but he said the 8th Circuit upheld Doty's ruling on Vick's bonuses in large part because it found the contract's forfeiture language ambiguous.

"That is something that we will seek to change at the bargaining table to ensure that bonus payments are paid to players who comply with their contracts and perform on the field," Aiello said.

Vick, a former Atlanta Falcons star, was released from federal custody July 20 after serving 18 months of a 23-month sentence for running a dogfighting ring in Surry County, Va. The Eagles signed Vick to a $1.6 million contract for 2009, with a team option for the second year at $5.2 million, but he has not played much.



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