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Senator Pleads Guilty After Arrest at Airport
Lawyer Blog News | 2007/08/28 14:13

Senator Larry E. Craig, Republican of Idaho, pleaded guilty to a disorderly conduct charge earlier this month after his arrest in June by an undercover police officer in a men's bathroom at the Minneapolis-St. Paul International Airport.

A second charge of interference with privacy against the 62-year-old senator was dismissed. Mr. Craig was fined more than $500 at the Aug. 8 proceedings and was placed on unsupervised probation for one year. His 10-day jail sentence was suspended, according to a copy of a court document in the case.

According to a police report obtained by Roll Call, the Capitol Hill newspaper that disclosed the episode and guilty plea today, a plainclothes police officer investigating complaints of sexual activity in the bathroom arrested the senator on June 11 after what the officer described as sexual advances made by Mr. Craig from an adjoining stall.

Roll Call reported that the officer said Mr. Craig tapped his foot as a signal to engage in lewd conduct, brushed his foot against the investigator's and waved his hand under the stall divider several times before the officer showed him his badge. After his arrest, the senator denied any sexual intent and in a statement issued this afternoon he attributed the matter to a misunderstanding.

"At the time of this incident, I complained to the police that they were misconstruing my actions," Mr. Craig said in a statement. "I was not involved in any inappropriate conduct.

"I should have had the advice of counsel in resolving this matter. In hindsight, I should not have pled guilty. I was trying to handle this matter myself quickly and expeditiously."

Mr. Craig, whose seat is up for election next year, is the second Republican senator in recent weeks to find his personal behavior under scrutiny. Senator David Vitter of Louisiana was implicated in a separate case in the Washington area when his phone number turned up in the records of an escort service. He made a public apology for what he described as "a very serious sin in my past," but he has not been charged with any crime.

In the Senate, Mr. Craig, who is married and has three children, is known for his advocacy for the rights of gun owners and has a close association with the National Rifle Association. When Republicans controlled the Senate in the last Congress, Mr. Craig was chairman of the Veterans Affairs Committee. He is a former member of the party's Senate leadership. He represented Idaho in the House before first winning election to an open Senate seat in 1990 and he was easily re-elected in 1996 and 2002.

In 2006, Mr. Craig publicly rejected allegations by a gay rights advocate that he had engaged in a homosexual behavior, calling them "completely ridiculous."



High court: Cities must give workers' records to media
Lawyer Blog News | 2007/08/28 13:09
The California Supreme Court on Monday handed two victories to newspapers seeking the salaries of public employees and termination records of police officers throughout the state. The court ruled that Oakland must release the names and salaries of police officers who earned more than $100,000 in 2004. Unions representing the police officers argued unsuccessfully that such government salary information should remain confidential out of privacy concerns.

"Counterbalancing any cognizable interest that public employees may have in avoiding disclosure of their salaries is the strong public interest in knowing how the government spends its money," Chief Justice Ronald George wrote for the majority opinion signed by three other justices. Another three justices each wrote separate opinions essentially agreeing with the majority take, with Justices Marvin Baxter and Ming Chin arguing that police officers' salaries should be exempt from public disclosure.

The ruling Monday was the result of a Contra Costa Times' lawsuit against Oakland and it also should settle an almost identical lawsuit filed by the San Jose Mercury News demanding the names and salaries of every San Jose city worker who earned more than $100,000 annually.

"I think this sets the rule for the state," said media attorney Karl Olson, who represented the Times. "These are landmark cases that serve the public's right to know."

Some of the largest newspapers companies serving California, including the owners of the Los Angeles Times, San Francisco Chronicle, the San Diego Union-Tribune, Sacramento Bee, New York Times and the Orange County Register filed friends of the court briefs in support of the Times.

Duane Reno, who represented the Oakland police officers argued that publicizing the salaries would open the employees to unwanted sales calls.

"Unfortunately the Supreme Court didn't feel that was a big enough invasion of privacy," Reno said.

The court also ruled in a separate 5-2 opinion that police officers' names, hiring and termination dates compiled in a massive state Department of Justice computer database also are fair game.

"It should have been a no brainer," said Lucy Dalglish, executive director of the Reporters Committee for Freedom of the Press. "We are discovering that police departments across the country are increasingly withholding this kind of information."

The Arlington, Va.-based nonprofit joined the Los Angeles Times in its legal action against the California DOJ, which refused to turn over a decade's worth of police officer information to the newspaper. Several other news organizations, including The Associated Press, also filed court papers in support of the Times' case.

The newspaper said it planned to use the information to track the movements of police officers from one department to the other while also examining staffing levels.



US Attorney General Gonzales resigns
Lawyer Blog News | 2007/08/27 17:35

Alberto Gonzales, the nation's first Hispanic attorney general, announced his resignation Monday, driven from office after a wrenching standoff with congressional critics over his honesty and competence. Republicans and Democrats alike had demanded his departure over the botched handling of FBI terror investigations and the firings of U.S. attorneys, but President Bush had defiantly stood by his Texas friend for months until accepting his resignation last Friday.

"After months of unfair treatment that has created a harmful distraction at the Justice Department, Judge Gonzales decided to resign his position and I accept his decision," Bush said from Texas, where he is vacationing.

Solicitor General Paul Clement will be acting attorney general until a replacement is found and confirmed by the Senate, Bush said.

Homeland Security chief Michael Chertoff was among those mentioned as possible successors, though a senior administration official said the matter had not been raised with Chertoff. Bush leaves Washington next Monday for Australia, and Gonzales' replacement might not be named by then, the official said.

"It has been one of my greatest privileges to lead the Department of Justice," Gonzales said, announcing his resignation effective Sept. 17 in a terse statement. He took no questions and gave no reason for stepping down.

Bush said the attorney general's "good name was dragged through the mud for political reasons." Though some Republicans echoed the president's veiled slap at Democrats, Gonzales had few defenders left in Washington.

Many Republicans actually welcomed his departure, some quietly and others publicly so.

Congressional aides and lawmakers agreed that any nomination of a new attorney general was almost certain to be acrimonious. The easiest prospects, some said, might be a current or former colleague of senators charged with the confirmation. Sen. Arlen Specter, the ranking Republican on the Judiciary Committee, told reporters Monday that he would not accept the job, if offered.

But, he said, another current or former senator "might be just the ticket."

"If you have a former senator or a present senator or somebody who is well known to the Senate or the committee...that's always a big help if you know the person," Specter told reporters in a telephone call as he traveled from Warsaw to Paris.

Asked, too, about whether Chertoff might be a good candidate, Specter replied:

"I think he's a first-rate prospect."

Democratic presidential candidate John Edwards applauded Gonzales' resignation, saying it was "better late than never."

The announcement came as a surprise to many in the administration. Gonzales was tight-lipped about his thinking before going on vacation more than a week ago and aides were planning events for the next several months.

After spending time with his family in Texas, however, and facing the prospect of returning to Washington for months of continued fights with Congress, he called the president on Friday.

The White House has asked anyone staying past Labor Day to stay the remainder of the president's term.

Gonzales, formerly Bush's White House counsel, served more than two years at the Justice Department. In announcing his decision, Gonzales reflected on his up-from-the-bootstraps life story; he's the son of migrant farm workers from Mexico who didn't finish elementary school.

"Even my worst days as attorney general have been better than my father's best days," Gonzales said.

Bush steadfastly — and at times angrily — refused to give in to critics, even from his own GOP, who argued that Gonzales should go.

Earlier this month at a news conference, the president grew irritated when asked about accountability in his administration and turned the tables on the Democratic Congress.

"Implicit in your questions is that Al Gonzales did something wrong. I haven't seen Congress say he's done anything wrong," Bush said testily at the time. Actually, many in Congress had accused Gonzales of wrongdoing.

After the 52-year-old Gonzales called Bush Friday, the president had him come to lunch at his ranch on Sunday as a parting gesture, a senior administration official said.

Gonzales, whom Bush once considered for appointment to the Supreme Court, is the fourth top-ranking administration official to leave since November 2006, following Defense Secretary Donald H. Rumsfeld, Paul Wolfowitz, who had a high-ranking Pentagon job before going to the World Bank as its president, and top political and policy adviser Karl Rove.

Senate Judiciary Committee Chairman Patrick Leahy, D-Vt., reacted to the announcement by saying the Justice Department under Gonzales had "suffered a severe crisis of leadership that allowed our justice system to be corrupted by political influence."

As attorney general and earlier as White House counsel, Gonzales pushed for expanded presidential powers, including the eavesdropping authority. He drafted controversial rules for military war tribunals and sought to limit the legal rights of detainees at Guantanamo Bay — prompting lawsuits by civil libertarians who said the government was violating the Constitution in its pursuit of terrorists.

"Alberto Gonzales was never the right man for this job. He lacked independence, he lacked judgment, and he lacked the spine to say no to Karl Rove," said Senate Majority Leader Harry Reid, D-Nev.

In a warning to the White House, Reid suggested that investigations into the Justice Department will not end until Congress gets "to the bottom of this mess."

One matter still under investigation is the 2006 dismissal of several federal prosecutors, who serve at the president's pleasure. Lawmakers said the action appeared to be politically motivated, and some of the fired U.S. attorneys said they felt pressured to investigate Democrats before elections.

Gonzales maintained that the dismissals were based the prosecutors' lackluster performance records.

In April, Gonzales answered "I don't know" and "I can't recall" scores of times while questioned by Congress about the firings. Even some Republicans said his testimony was evasive.

Not Bush. The president praised Gonzales' performance and said the attorney general was "honest" and "honorable."

In 2004, Gonzales pressed to reauthorize a secret domestic spying program over the Justice Department's protests. Gonzales was White House counsel at the time and during a dramatic hospital confrontation he and then-White House chief of staff Andrew Card sought approval from then-Attorney General John Ashcroft, who was in intensive care recovering from surgery. Ashcroft refused.

Similarly, Gonzales found himself on the defensive as recently as March because of the FBI's improper and, in some cases, illegal prying into Americans' personal information during terror and spy probes.



Court affirms Prairie State EPA approval
Lawyer Blog News | 2007/08/27 14:40

Peabody Energy said Monday that the air permit for the Prairie State Energy Campus was unanimously affirmed by a three-judge panel from the Seventh Circuit of the U.S. Court of Appeals. The Prairie State Energy Campus is a $2 billion, 1,600-megawatt power plant and coal mine project in Lively Grove, Ill., being developed by a consortium of Midwest utilities, including St. Louis-based Peabody Energy.

The court's decision means that Prairie State's advanced technologies will meet or exceed compliance with state and federal regulations to protect the environment. The decision ends a six-year regulatory review process that included approval by the Illinois Environmental Protection Agency and the U.S. Environmental Protection Agency.

Prairie State will provide electricity to hundreds of communities from Missouri to Virginia. Equity partners include: American Municipal Power- Ohio; the Illinois Municipal Electric Agency; Indiana Municipal Power Agency; Kentucky Municipal Power Agency; Missouri Joint Municipal Electric Utility Commission; Northern Illinois Municipal Power Agency; and Prairie Power Inc.

St. Louis-based Peabody Energy (NYSE: BTU) is one of the world's largest coal producers.



AG files friendly challenge of gambling law
Lawyer Blog News | 2007/08/24 15:50

Kansas Attorney General Paul Morrison has filed a lawsuit with the Kansas Supreme Court, challenging the constitutionality of a newly enacted state gambling law. At the request of Gov. Kathleen Sebelius, a gambling supporter, Morrison filed the lawsuit to obtain an opinion by the high court about whether the law is constitutional. Sebelius was seeking to remove doubt about the measure as casino developers put together plans in four areas of the state.

The Legislature this spring passed the law, allowing casinos in four "zones" -- Wyandotte County, Ford County, either Sedgwick or Sumner counties and either Crawford or Cherokee counties. The bill also would allow slot machines at dog tracks in Wichita and Kansas City, Kan.

But Sedgwick County this month rejected ballot initiatives on both the casino and slot machine questions. A casino is expected to be built in Sumner County.

Morrison's lawsuit, meanwhile, will center on the definition of a "state owned and operated lottery," which is allowed under the Kansas Constitution. Questions exist about whether casinos under the new state law actually will be operated by the state.



US judge fines British Air $300 mln in price fixing
Lawyer Blog News | 2007/08/23 15:19

US judges have accepted a guilty plea from British Airways over its role in a price-fixing cartel. A court sitting in Washington ruled that the airline should be fined $300m (£150m) - a sum previously agreed between BA and the US Department of Justice. Now that the fine has been agreed, attention will turn to whether senior British Airways staff will face criminal investigation for their part in the cartel involving BA and Virgin Airways. The American fine followed a detailed investigation on both sides of the Atlantic.

Investigations in the UK were led by the Office of Fair Trading (OFT), which has already fined BA £121.5m. As rival Virgin Atlantic tipped off the OFT about the price-fixing scandal, it was granted immunity.

It was the first time that the UK and the US have simultaneously brought action against a company. BA had colluded with Virgin Atlantic on at least six occasions between August 2004 and January 2006, the OFT found. During that time, fuel surcharges rose from £5 to £60 per ticket.

BA's chief executive Willie Walsh has insisted that passengers had not been overcharged because fuel surcharges were "a legitimate way of recovering costs".

However, he has acknowledged that the conduct of some of the carrier's employees had been wrong and could not be excused.

"Anti-competitive behaviour is entirely unacceptable and we condemn it unreservedly," Mr Walsh said earlier this month.

In October 2006, BA's commercial director, Martin George, and communications chief, Iain Burns - who had been on leave of absence since the inquiry into the surcharges began - quit the company.





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