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Archive for August, 2010

DOJ’s elite Public Integrity unit gets new leader

Monday, August 30th, 2010

By Breaking Legal News, Breaking Legal News.

The Justice Department's Public Integrity Section has a storied 34-year history of pursuing corruption in government and safeguarding the public trust.

That trust was breached, however, when some of the unit's prosecutors failed to turn over evidence favorable to the defense in their high-profile criminal trial of Sen. Ted Stevens, R-Alaska, who died earlier this month in a plane crash.

Now Jack Smith, a 41-year-old prosecutor with a love for courtroom work and an impressive record, has been brought in to restore the elite unit's credibility.

Before Stevens, Public Integrity's renown was built on large successes — like the prosecution of the Jack Abramoff lobbying scandal and convictions of federal and state judges, members of Congress and state legislators, military officers, federal lawmen and bureaucrats and their state counterparts over the years.

But its stumble — not disclosing exculpatory evidence as Supreme Court precedent requires — was equally large. It was so serious that Attorney General Eric Holder, one of Public Integrity's distinguished alums, stepped in and asked a federal judge to throw out Stevens' convictions.

At the time of the Stevens debacle, Smith was overseeing all investigations for the international war crimes office at The Hague in the Netherlands. He'd read about the Stevens case. Offered the chance to take over Public Integrity, he couldn't stay away.

Originally posted at Breaking Legal News. Please visit http://www.breakinglegalnews.com/.

Ginsburg talks about television and the high court

Monday, August 30th, 2010

By Breaking Legal News, Breaking Legal News.

Supreme Court Justice Ruth Bader Ginsburg says television has profoundly changed confirmation hearings but declined to say whether she'd oppose televising arguments.

Ginsburg told a Colorado judicial conference Friday that TV has made Supreme Court confirmation hearings much longer because senators posture for cameras.

"The people on the Senate Judiciary Committee have all that free time" to stump for the audience, Ginsburg said.

Ginsburg demurred, however, on the question of televising arguments before the high court. She talked about former justices who opposed cameras.

Without naming anyone currently on the court, Ginsburg said, "When you're sitting on a collegial bench, if there is any of you who would be extremely discomforted ... you would defer to that colleague."

Ginsburg talked to several hundred judges gathered for a judicial conference of the U.S. 10th Circuit Court. The justice delivered a speech written by her recently deceased husband, Martin Ginsburg. Martin Ginsburg, a prominent lawyer in his own right, was originally scheduled to address the gathering and prepared the remarks before his death from cancer in June.

After reading the speech, she Ginsburg joined the chief jurist of Canada's Supreme Court, Beverly McLachlin, in a question-and-answer session.

Originally posted at Breaking Legal News. Please visit http://www.breakinglegalnews.com/.

Neb. high court to get immigration-law question

Friday, August 27th, 2010

By Breaking Legal News, Breaking Legal News.

A federal judge says the Nebraska Supreme Court should answer a legal question about whether a Nebraska city's ban on hiring and renting to illegal immigrants is allowed by state law.

U.S. District Judge Laurie Smith Camp ruled late Wednesday on briefs from parties in lawsuits filed by the American Civil Liberties Union of Nebraska and the Mexican American Legal Defense & Educational Fund, also known as MALDEF. Those lawsuits challenging Fremont's ban have since been combined.

Smith Camp had asked for the briefs last month, saying she wasn't sure whether the lawsuit should be heard in federal or state court.

Lawyers have until Sept. 1 to craft the language of the question that Smith Camp will present to the Nebraska Supreme Court.

Originally posted at Breaking Legal News. Please visit http://breakinglegalnews.com/.

Sotomayor predicts WikiLeaks case in Supreme Court

Friday, August 27th, 2010

By Breaking Legal News, Breaking Legal News.

Supreme Court Justice Sonia Sotomayor predicted Thursday that the nation's high court will be asked again to weigh issues of national security versus free speech because of the recently leaked classified war documents posted on the WikiLeaks website.

Sotomayor told high school and college students at the University of Denver that she couldn't answer a student question about the security questions and free speech because "that question is very likely to come before me."

The release of the WikiLeaks documents, which included names of Afghans working with American forces, has been blasted by the Pentagon. It said the publication of those documents put lives at risk, while WikiLeaks employees insisted the website provides a public service for whistleblowers.

Sotomayor said Thursday that the "incident, and others, are going to provoke legislation that's already being discussed in Congress, and so some of it is going to come up before (the Supreme Court)."

She added that the balance between national security and free speech is "a constant struggle in this society, between our security needs and our First Amendment rights, and one that has existed throughout our history."

Sotomayor compared the current question to the debate over allowing publication of the Pentagon Papers, a secret Pentagon study about the Vietnam War. The New York Times published those in 1971 after the Supreme Court declined to block their publication over the objections of the Pentagon.

Originally posted at Breaking Legal News. Please visit http://breakinglegalnews.com/.

Judge orders university to release Palin documents

Thursday, August 26th, 2010

By Breaking Legal News, Breaking Legal News.

A group that filed a lawsuit over documents related to a June appearance by Sarah Palin at California State University, Stanislaus is claiming victory in a judge's ruling.

The open-government group Californians Aware says Stanislaus County Superior Court Judge Roger Beauchesne decided Wednesday that the university must release Palin's contract.

The group says the judge also ordered the release of any documents related to the use of university property or services during her visit.

CalAware filed a lawsuit in April after the school refused to disclose documents related to Palin's appearance.

The university has said negotiations with Palin were handled by its nonprofit foundation, which is not subject to the California Public Records Act.

The university did not immediately respond to requests for comment Wednesday evening.

Originally posted at Breaking Legal News. Please visit http://breakinglegalnews.com/.

Judge orders university to release Palin documents

Thursday, August 26th, 2010

By Breaking Legal News, Breaking Legal News.

A group that filed a lawsuit over documents related to a June appearance by Sarah Palin at California State University, Stanislaus is claiming victory in a judge's ruling.

The open-government group Californians Aware says Stanislaus County Superior Court Judge Roger Beauchesne decided Wednesday that the university must release Palin's contract.

The group says the judge also ordered the release of any documents related to the use of university property or services during her visit.

CalAware filed a lawsuit in April after the school refused to disclose documents related to Palin's appearance.

The university has said negotiations with Palin were handled by its nonprofit foundation, which is not subject to the California Public Records Act.

The university did not immediately respond to requests for comment Wednesday evening.

Originally posted at Breaking Legal News. Please visit http://www.breakinglegalnews.com/.

Metrolink: $200 million to settle LA rail disaster

Thursday, August 26th, 2010

By Breaking Legal News, Breaking Legal News.

Southern California's Metrolink system and Connex Railroad filed court papers Wednesday accepting the maximum $200 million in liability for a 2008 head-on collision between a commuter train and a freight that killed 25 people and injured more than 100.

The sum is the maximum for a train accident under federal law, said Keith Millhouse, board chairman of the Southern California Regional Rail Authority.

"The rationale is this is the maximum that could be recovered in any event and will expeditiously get the maximum compensation to the victims and their families," Millhouse said.

Investigators believe the commuter train's engineer was texting when he ran a red light and collided head on with a Union Pacific freight train in the Chatsworth area of the San Fernando Valley on Sept. 12, 2008.

Engineer Robert Sanchez, who was among those killed, was provided by Connex.

The court, which has to approve the settlement, would distribute the fund to victims.

The filing noted that 109 lawsuits, almost all involving passengers, are pending in Los Angeles County Superior Court and asked that all passenger claims be consolidated into the federal proceeding.

Originally posted at Breaking Legal News. Please visit http://breakinglegalnews.com/.

Metrolink: $200 million to settle LA rail disaster

Thursday, August 26th, 2010

By Breaking Legal News, Breaking Legal News.

Southern California's Metrolink system and Connex Railroad filed court papers Wednesday accepting the maximum $200 million in liability for a 2008 head-on collision between a commuter train and a freight that killed 25 people and injured more than 100.

The sum is the maximum for a train accident under federal law, said Keith Millhouse, board chairman of the Southern California Regional Rail Authority.

"The rationale is this is the maximum that could be recovered in any event and will expeditiously get the maximum compensation to the victims and their families," Millhouse said.

Investigators believe the commuter train's engineer was texting when he ran a red light and collided head on with a Union Pacific freight train in the Chatsworth area of the San Fernando Valley on Sept. 12, 2008.

Engineer Robert Sanchez, who was among those killed, was provided by Connex.

The court, which has to approve the settlement, would distribute the fund to victims.

The filing noted that 109 lawsuits, almost all involving passengers, are pending in Los Angeles County Superior Court and asked that all passenger claims be consolidated into the federal proceeding.

Originally posted at Breaking Legal News. Please visit http://www.breakinglegalnews.com/.

State obscures elite Texas Rangers’ border work

Thursday, August 26th, 2010

By Breaking Legal News, Breaking Legal News.

Gov. Rick Perry has told just about anyone who will listen about his plan to dispatch elite teams of Texas Rangers to the border to do what he says the federal government won't — keep Texans safe from encroaching Mexican drug violence.

Just don't ask him for specifics.

While the Ranger Recon initiative has served as a strong rhetorical counterpoint when Perry slams the federal government, details about what the taxpayer-funded teams actually accomplish remain a secret.

State officials insist they do not tally arrests or drug and property seizures under the program, which they say doesn't have its own budget after more than a year in operation. They say the Ranger Recon teams are paid out of the state's larger border security initiative, but decline to put a dollar figure on the program's costs. Nor will they say how many of the state's 144 Rangers, the top criminal investigators in Texas, participate or where the teams have been active.

The Department of Public Safety, which oversees the program, said in response to an Associated Press public records request that the Rangers do no investigative work as part of the teams, but have engaged in about 10 "missions."

Originally posted at Breaking Legal News. Please visit http://breakinglegalnews.com/.

State obscures elite Texas Rangers’ border work

Thursday, August 26th, 2010

By Breaking Legal News, Breaking Legal News.

Gov. Rick Perry has told just about anyone who will listen about his plan to dispatch elite teams of Texas Rangers to the border to do what he says the federal government won't — keep Texans safe from encroaching Mexican drug violence.

Just don't ask him for specifics.

While the Ranger Recon initiative has served as a strong rhetorical counterpoint when Perry slams the federal government, details about what the taxpayer-funded teams actually accomplish remain a secret.

State officials insist they do not tally arrests or drug and property seizures under the program, which they say doesn't have its own budget after more than a year in operation. They say the Ranger Recon teams are paid out of the state's larger border security initiative, but decline to put a dollar figure on the program's costs. Nor will they say how many of the state's 144 Rangers, the top criminal investigators in Texas, participate or where the teams have been active.

The Department of Public Safety, which oversees the program, said in response to an Associated Press public records request that the Rangers do no investigative work as part of the teams, but have engaged in about 10 "missions."

Originally posted at Breaking Legal News. Please visit http://www.breakinglegalnews.com/.