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Senior Democrats Want Blackwater Case Details
U.S. Legal News |
2007/10/31 14:44
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The State Department said yesterday that it had provided "limited protections" to Blackwater Worldwide security guards under investigation in the deaths of 17 Iraqi civilians but insisted that its actions would not preclude successful prosecution of the contractors. Signed statements the guards provided to State's Bureau of Diplomatic Security in the immediate aftermath of the Sept. 16 shooting deaths included what law enforcement officials said was a standard disclaimer used in "official administrative inquiries" involving government employees. It said that the statements were being offered with the understanding that nothing in them could be used "in a criminal proceeding." New details about the "protections" given Blackwater contractors allegedly involved in the shootings sparked outrage from congressional Democrats yesterday, along with a flood of letters to Secretary of State Condoleezza Rice from committee chairmen demanding more information. Sen. Patrick J. Leahy (D-Vt.), who heads the Judiciary Committee as well as the appropriations subcommittee overseeing State's budget, called the contractor issue the latest example of the Bush administration's refusal to hold anyone from "their team" accountable for misconduct or incompetence. "If you get caught," Leahy said in a statement, "they will get you immunity. If you get convicted, they will commute your sentence." Most of the questions centered on who had authorized what many critics interpreted as a form of immunity from prosecution and why such protections -- designed for government employees -- were extended to private contractors. Meanwhile, Rice and Defense Secretary Robert M. Gates have reached agreement that the U.S. military command in Iraq will exert tighter controls over security contractors in Iraq, Pentagon press secretary Geoff Morrell said yesterday. Preliminary guidelines established by a State-Defense working group include common training standards and rules for the use of force for contractors as well as coordination of all contractor "movements" with the U.S. military headquarters in Iraq. The new guidelines will be presented to the top U.S. commander in Iraq, Gen. David H. Petraeus, and Ambassador Ryan C. Crocker for review before Gates and Rice make a final decision in the matter, Morrell said. Military officers have complained that contractors guarding U.S. diplomatic convoys interfere with military operations and that their aggressive behavior undermines efforts to win "hearts and minds" in Iraq. One major concern for Gates involves keeping the military abreast of the movement of contractors through the combat zone, Morrell said. "If it is unsafe or deemed not advisable to go there, someone is going to have the control to say: 'No, not at this time.' It would be MNF-I [Multi-National Force-Iraq] that would have that authority. Ultimately, the military has to sign off, in the battle zone, of movements into particularly dangerous areas." The decision to offer Blackwater guards protection from any use of their statements was made by State Department personnel in Baghdad without approval from Washington, sources said. Department lawyers subsequently determined that decades-old federal court rulings required such guarantees against self-incrimination for all government employees during internal investigations; the U.S. Supreme Court ruled in 1973 that the protections also applied to federal contractors. But the inability of State's own law enforcement branch to pursue a possible criminal case based on the Blackwater statements, as well growing controversy over the Sept. 16 shootings here and in Baghdad, led Rice early this month to ask the FBI to take over the investigation. To avoid compromising their own investigation, a team of FBI agents sent to Baghdad was not allowed to speak to the original investigators about the case or see the statements. Some of the dozen or so Blackwater personnel involved, at least two of whom have returned to the United States, declined FBI interviews. In a statement yesterday, the Justice Department confirmed that no broad immunity from prosecution had been granted. But in a reflection of law enforcement dismay over what are considered impediments to a criminal case, Justice added that it would proceed "knowing that this investigation involves a number of complex issues." State Department spokesman Sean McCormack said yesterday that State has no power to immunize anyone from federal criminal prosecution. "We would not have asked the FBI and the Department of Justice to get involved in a case that we did not think that they could potentially prosecute." But several law enforcement officials, none of whom would speak on the record about an ongoing investigation, said it remained uncertain -- even without the protections -- whether the contractors could be prosecuted under U.S. law. |
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Craig Opens Another Legal Battle
U.S. Legal News |
2007/10/16 14:12
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Sen. Larry Craig has opened a new round in his legal battle stemming from his airport restroom arrest, appealing a judge's refusal to let him to withdraw his guilty plea to disorderly conduct. Craig's appeal was filed Monday at the Minnesota Court of Appeals, less than two weeks after Hennepin County District Court Judge Charles Porter refused to overturn the plea. The four-page filing did not detail the basis for the appeal, noting only that Craig was appealing Porter's Oct. 4 order. The documents were dated with Friday's date but were received and stamped by the Appeals Court on Monday. "From the outset, Senator Craig has maintained that he is innocent of any illegal conduct at the Minneapolis airport," Craig's lead attorney, Billy Martin, said in a statement. "Like every other citizen, Senator Craig has the constitutional right to make every effort to clear his name." Craig, a Republican from Idaho, pleaded guilty to disorderly conduct in August after he was accused of soliciting sex in a bathroom at the Minneapolis-St. Paul International Airport in June. A spokesman for the Metropolitan Airports Commission, which owns and operates the airport, said the guilty plea reflected Craig's conduct in the public restroom. "The facts in the case speak for themselves, and we are confident the senator's guilty plea will stand," spokesman Patrick Hogan said in a statement. The appeals court must find there's been an "abuse of discretion" by the trial judge before overturning a ruling — in other words, that some aspect of the ruling was decided improperly. It would most likely be well into 2008 before the Court of Appeals rules on the case. The process by which both sides prepare their legal briefs alone usually stretches to more than 100 days, and the Court of Appeals faces a heavy caseload. |
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Bush Pushes Congress on 'No Child' Law
U.S. Legal News |
2007/10/10 15:24
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President Bush said that he's open to new ideas for changing the "No Child Left Behind" education law but will not accept watered-down standards or rollbacks in accountability. The president and lawmakers in both parties want changes to the five-year-old law — a key piece of his domestic policy legacy, which faces a tough renewal fight in Congress. "There can be no compromise on the basic principle: Every child must learn to read and do math at, or above, grade level," he said in a statement Tuesday from the Rose Garden that was directed at Congress and critics of the law. "And there can be no compromise on the need to hold schools accountable to making sure we achieve that goal." The law requires annual math and reading tests in grades three through eight and once in high school. Schools that miss benchmarks face increasingly tough consequences, such as having to replace their curriculum, teachers or principals. Earlier, Bush and Education Secretary Margaret Spellings met with civil rights leaders, educators and advocates for minority and disadvantaged students. Almost everyone agrees the law should be changed to encourage schools to measure individual student progress over time instead of using snapshot comparisons of certain grade levels. There also is broad agreement that the law should be changed so that schools that miss progress goals by a little don't face the same consequences as schools that miss them by a lot. There are, however, deep divisions over some proposed changes, including merit pay for teachers and whether schools should be judged based on test scores in subjects other than reading and math. Opponents to some of the legislative proposals come from the conservative and liberal wings of Congress. National Urban League President Marc Morial, who was in the meeting with Bush, said the law hasn't been funded even to the levels authorized in the original legislation. But he and others did not lay the blame entirely at Bush's feet. "Both Congress and the president should make the collective funding of this act a priority," Morial said. Morial said he and others also talked to Bush about addressing the disparity in the amount of money committed to educating children in different parts of the country, and about strengthening a provision in the law calling for after-school services to help children who fall behind. Bush listed several ways for enhancing the law: _Give local leaders more flexibility and resources. _Offer other educational options to families of children stuck in low-performing schools. _Increase access to tutoring programs. _Reward good teachers who improve student achievement in low-income schools. _Expand access to advanced placement courses. _Improve math and science instruction. The president noted national test results released last month that showed elementary and middle schoolers posting across-the-board gains in math and more modest improvements in reading. But he also noted that nearly half of Hispanic and black students still do not graduate from high school on time. |
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Atlantic City Mayor Robert Levy Resigns
U.S. Legal News |
2007/10/10 12:59
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The mayor of Atlantic City has handed in his resignation, after he vanished for two weeks amid allegations that he lied about his military service, his attorney said Wednesday. Levy's departure is effective immediately, according to attorney Edwin Jacobs. On Tuesday, the missing mayor resurfaced after returning home from a stay at a psychiatric and substance abuse center. In a statement Wednesday, Jacobs cited "multiple health problems" as a factor in Levy's resignation, but did not provide further details. Levy has been under federal investigation for embellishing his Army service in Vietnam. "The circumstances surrounding his resignation include multiple health problems, but were precipitated by a pending Federal Department of Veterans Affairs investigation," Jacobs said. Last fall, the Press of Atlantic City reported that the Vietnam veteran's claims that he was a member of the Green Berets were untrue. He apologized, but federal authorities have been looking into whether the 64-year-old Levy made that claim to increase his veteran's benefit payments. Jacobs said in the statement that the mayor was in discussions with the U.S. Attorney's Office about resolving the investigation in a "fair and expeditious" way. Levy allegedly took in about $25,000 in extra benefits payments as a result of the falsification. No part of the investigation includes allegations of Levy's abuse of his position as mayor, his lawyer said. Levy served in the United States Army for 20 years, form 1964-1984 and served two tours of duty in Vietnam, from which he received multiple medals, awards and citations, according to Jacobs. "The pending investigation has called into question two of those awards, neither of which appear to be supported by an appropriate military order," said Jacobs. Members of the city council had asked a judge to declare the mayor's office vacant and clear the way for the council president to take over as interim mayor. Levy — who was missing for almost two weeks — was at home after leaving a Somerset County clinic known for treatment of substance abuse and mental health issues, according his lawyer. Tuesday's revelation about Levy's whereabouts came after a brief conference with a state judge, who scheduled a Friday hearing to discuss a request by a city councilman to declare that the mayor had abandoned his office. |
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Bush faces GOP foes on budget cuts
U.S. Legal News |
2007/10/09 17:06
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Congressional Democrats have found an unexpected ally in their budget showdown with President Bush: Republicans.
The president is pushing to cut and even eliminate some popular domestic programs that pump billions of dollars into the states. Many congressional Republicans, wary of the potential fallout from the loss of funds, have joined Democrats to oppose the cuts. California alone has hundreds of millions of dollars at stake.
More than a week into the new fiscal year, Congress has yet to send Bush any of its 12 spending bills. And Bush has threatened to veto most of those that have been approved by the House or the Senate, accusing lawmakers of overspending in a time of budget deficits. But Democrats have stood their ground, not only rejecting many of the proposed cuts, but adding more funds for programs they believe have been neglected.
"We didn't overspend; the president under-funded," Sen. Barbara A. Mikulski (D-Md.) said during debate last week on a spending bill that Bush has threatened to veto.
And they're getting help from some Republicans who, unlike the president, must run for reelection in communities that rely on Washington's money for community development, housing, anti-crime programs and other activities. For example, Rep. David Dreier (R-San Dimas) helped engineer a successful bipartisan effort in the House to boost to $460 million the federal funding to reimburse states for jailing illegal immigrants. Bush has proposed no money for the program.
Bush wants to cut federal aid programs by about $3.8 billion, according to Federal Funds Information for States, a Washington-based organization. The House has called for an increase of $13.8 billion, and the Senate is headed toward a $10-billion increase.
Sean Kevelighan, a spokesman for the White House budget office, said the administration had pushed to reduce overall funding to provide more money to serve the communities in greatest need.
Democrats will need GOP support if they are to override Bush's promised vetoes. Democrats hold narrow majorities in the House and Senate; it takes two-thirds of each chamber to override a veto.
So Democrats were delighted last week when Sen. Richard C. Shelby (R-Ala.) took to the Senate floor complaining about the president's proposed $1.6-billion cut in aid to state and local law enforcement at a time when violent crime is on the rise. The Senate next week is expected to approve a bill that would spend $550 million on the Community Oriented Policing Services program, which provides grants for state and local law enforcement agencies. Bush proposed cutting the program to $32 million, from about $500 million. The House has approved $725 million. |
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Democrats demand interrogation memos
U.S. Legal News |
2007/10/05 15:44
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Senate and House Democrats demanded Thursday to see two secret Justice Department memos that reportedly authorize painful interrogation tactics against terrorism suspects. The memos -- legal opinions written in 2005 -- do not reverse the administration policy issued in 2004 that publicly renounced torture, White House and Justice Department spokespeople said. Senate Intelligence Committee Chairman John D. Rockefeller IV (D-W.Va.) sent a letter to the acting attorney general saying the administration's credibility was at risk.
The memos are "critical to an appropriate assessment" of tactics approved by the White House and the Justice Department, Rockefeller wrote to Acting Atty. Gen. Peter D. Keisler. "Why should the public have confidence that the program is either legal or in the best interests of the United States?" he asked.
House Judiciary Chairman John Conyers Jr. (D-Mich.) and House Judiciary Committee member Jerrold Nadler (D-N.Y.) promised a congressional inquiry into the memos, which reportedly explicitly authorized painful and psychological tactics.
"Both the alleged content of these opinions and the fact that they have been kept secret from Congress are extremely troubling, especially in light of the department's 2004 withdrawal of an earlier opinion similarly approving such methods," Conyers and Nadler wrote to Keisler on Thursday. Their letter requested copies of the memos.
They also asked that Steven G. Bradbury, who heads the Justice Department's Office of Legal Counsel, "be made available for prompt committee hearings."
The New York Times disclosed the memos in Thursday's editions. It reported that the first 2005 legal opinion authorized the use during terrorism interrogations of slaps to the head, freezing conditions and simulated drownings, known as water-boarding.
That secret opinion explicitly allowed using the painful methods in combination and was issued "soon after" Alberto R. Gonzales became attorney general in February 2005, the New York Times reported. In a December 2004 opinion, the Justice Department had publicly declared torture "abhorrent," and the administration seemed to back away from claiming authority for such practices.
A second secret Justice Department opinion was issued later in 2005, as Congress was working on an anti-torture bill. That opinion said none of the CIA's interrogation practices would violate the legislation's bans on "cruel, inhuman and degrading" treatment of detainees, the New York Times said, citing interviews with unnamed current and former officials.
The December 2004 legal opinion remains in effect, Justice Department spokesman Brian Roehrkasse said.
"Neither Atty. Gen. Gonzales nor anyone else within the department modified or withdrew that opinion," Roehrkasse said in a statement. "Accordingly, any advice that the department would have provided in this area would rely upon, and be fully consistent with, the legal standards articulated in the December 2004 memorandum."
White House Press Secretary Dana Perino told reporters: "This country does not torture. It is a policy of the United States that we do not torture, and we do not."
Perino would not comment on whether the 2005 opinions authorized specific interrogation practices, such as slaps to the head and simulated drowning. She initially said the first classified opinion was dated Feb. 5, 2005, but White House spokesman Tony Fratto corrected that, saying the memo was dated months later. Another administration official said it was dated May 2005.
The dispute may come down to how the Bush administration defines torture, and whether it allowed U.S. interrogators to interpret anti-torture laws beyond legal limits.
Perino said the president "had done everything within the corners of the law to make sure that we prevent another attack on this country."
CIA spokesman George Little said the agency sought guidance from the Bush administration and Congress to make sure its program to detain and interrogate terrorism suspects followed U.S. law.
"The program, which has taken account of changes in U.S. law and policy, has produced vital information that has helped our country disrupt terrorist plots and save innocent lives," Little said in a statement. "The agency has always sought a clear legal framework, conducting the program in strict accord with U.S. law, and protecting the officers who go face to face with ruthless terrorists."
Congress has prohibited cruel, inhuman and degrading treatment of terrorism suspects. Sen. John McCain (R-Ariz.) said several extreme techniques, including water-boarding, were specifically outlawed. |
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