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Court upholds ban on medical marijuana
Court Watch |
2007/03/15 09:04
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A California woman with an inoperable brain tumor may not smoke marijuana to ease her pain even though California voters have approved its medicinal use, a U.S. appeals court ruled on Wednesday. In a much-watched test case, the 9th U.S. Circuit Court of Appeals found there is no fundamental right to marijuana for medical purposes. The ruling agreed with a 2005 U.S. Supreme Court decision. The split three-judge opinion from Judge Harry Pregerson expressed sympathy for some arguments by plaintiff Angel Raich, 41, an Oakland resident whose doctor testified she could die if she stopped smoking pot. But the ruling backed the 1970 federal Controlled Substances Act barring marijuana. Raich, who suffers from many ailments, says marijuana keeps her alive by easing pain and bolstering appetite. "Today I found out I am basically a dead man walking," Raich, who once worked as an accountant and massage therapist, told Reuters. "Today the court said I don't have the constitutional right to basically stay alive." The mother of two said U.S. officials had never moved to arrest her or bar her from using marijuana and said she would continue to do so every two hours. "I'm damned if I do, damned if I don't," she said. Raich said she would lobby Congress in Washington to change U.S. law. The court said use of the drug for medical purposes was gaining support but federal law still banned it. "We agree with Raich that medical and conventional wisdom that recognizes the use of marijuana for medical purposes is gaining traction in the law as well," the judge wrote. The ruling acknowledged the law could change if legislators reconsider the issue. "Although that day has not yet dawned, considering that during the last 10 years 11 states have legalized the use of medical marijuana, that day may be upon on us sooner than expected," Pregerson said. Voters in California, the nation's most populous state, became the first to approve medical marijuana in 1996, putting it in direct conflict with federal law. Gov. Arnold Schwarzenegger has admitting using marijuana in the past.
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BenQ's VP Detained For Illegal Transactions
World Business News |
2007/03/15 00:02
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Suspected of conducting dubious financial transactions, Eric Yu, senior vice president at BenQ, has been detained by Taiwanese police and finance managers Alex Liou and Billy Liou were arrested and then released on bail. BenQ made an announcement on Wednesday, saying that their offices in Taoyuan and Taipei had been raided by the police and the sudden check had something to do with the company's payment of bonuses to its overseas employees.
The BenQ spokesperson says that they will fully cooperate with the investigation. In 2005, BenQ purchased Siemens' handset unit, but the company failed to build it into much of anything. Following the detention of Yu, BenQ's stock dropped dropped by 7% to its lowest level in years, as investors started to question the company's corporate governance. |
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Bush stands by firings, 'troubled' with process
Breaking Legal News |
2007/03/14 23:28
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President Bush on Wednesday said he was "troubled" by what he called a lack of straightforward communication between the US Justice Department and Congress regarding the firings last year of eight US Attorneys that may have been politically motivated. Speaking at a news conference in Mexico, Bush nonetheless said he continued to have confidence in Attorney General Alberto Gonzales and maintained that the firings were appropriate. Gonzales said Tuesday he would not resign but nonetheless accepted responsibility for "mistakes" in how the firings were handled. According to e-mails revealed Tuesday, Gonzales' Chief of Staff Kyle Sampson and former White House counsel Harriet Miers suggested firing all 93 US Attorneys at the beginning of President Bush's second term. Sampson resigned from his position Monday. Comprehensive dismissals of top federal prosecutors are not unprecedented; Clinton administration Attorney-General Janet Reno fired all 93 US Attorneys at the beginning of President Clinton's first term. Shortly after Bush's comments Wednesday, Sen. John Sununu (R-NH) became the first Republican to publicly call for Gonzales' resignation, following up on several Democratic calls for his dismissal. In response to Gonzales' comments Tuesday, Sen. Charles Schumer (D-NY), among others, renewed his calls for Gonzales to resign in a statement on the Senate floor. Several high-ranking Democratic senators also called for Gonzales' resignation Monday in the wake of revelations in an official audit that the FBI broke and misused laws in obtaining personal information from telephone companies, Internet service providers, banks, and credit bureaus under the Patriot Act. |
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Chiquita to pay $25M to settle terrorism claims
Court Watch |
2007/03/14 23:07
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Chiquita Brands International, Inc. has reached a plea agreement with the US Justice Department to settle claims that Chiquita paid approximately $1.7 million to a Colombian terrorist group between 1997 and 2004 to protect banana harvesting operations in Colombia, according to a criminal information filed by the DOJ in federal court Wednesday. Chiquita itself released an SEC filing Wednesday, which states, in part: On March 14, 2007, Chiquita Brands International, Inc. ("the Company") entered into a plea agreement with the United States Attorney's Office for the District of Colombia and the National Security Division of the U.S. Department of Justice (together, the "government") relating to the previously disclosed investigation by the government into payments made by the Company's former banana-producing subsidiary in Colombia to certain groups designated under U.S. law as foreign terrorist organizations. Chiquita voluntarily disclosed the payments to the government in April 2003. Under the terms of the agreement, the Company will plead guilty to one count of Engaging in Transactions with a Specially-Designated Global Terrorist, and will pay a fine of $25 million, payable in five equal annual installments, with interest. The Company also will continue to cooperate with the government in any continuing investigation into the matter. As previously disclosed, the Company had recorded a reserve in 2006 of the full $25 million fine amount in anticipation of reaching a settlement with the government. The agreement is subject to approval and acceptance by the United States District Court for the District of Columbia.
The payments were made to the United Self-Defense Forces (AUC) of Colombia, which in September 2001 was designated as a terrorist organization by the US government. |
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Giuliani law firm lobbies for Venezuela firm
Legal Business |
2007/03/14 22:33
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Republican presidential hopeful Rudy Giuliani's law firm lobbies for Citgo Petroleum Corp., which is controlled by the Venezuelan state oil company and President Hugo Chavez, but the firm said on Wednesday that Giuliani has never worked on the account. The leftist Chavez is an ardent foe of President George W. Bush's administration and a bane to conservatives whose support Giuliani will need as he seeks the 2008 Republican presidential nomination. Records filed at the Texas Ethics Commission showed the law firm, Houston-based Bracewell & Giuliani, may have received up to $170,000 from Citgo since 2005. A spokeswoman for Giuliani's campaign, which has been buoyed by recent opinion polls showing him leading his Republican rivals, declined to answer questions, but provided an e-mail statement denouncing Chavez. "Mayor Giuliani believes Hugo Chavez is not a friend of the United States and his influence continues to grow because of our increasing reliance on foreign sources of oil," the statement read. It concluded with a call for developing alternative sources of fuel to replace foreign crude oil. Venezuela is the No. 4 oil supplier to the United States.
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Federal Appeals Court Rejects Medical Marijuana
Breaking Legal News |
2007/03/14 20:29
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Supporters of medical marijuana suffered another major setback today when an appeals court ruled that the federal government can still arrest and prosecute medical-marijuana patients even if they are protected by state law and even if their usage is deemed a “medical necessity.” The U.S. Ninth Circuit Court of Appeals in San Francisco decided unanimously against Oakland resident Angel Raich, who suffers from a variety of ailments including scoliosis, a brain tumor, and chronic nausea, even though her doctor testified that it was the only effective treatment to ease her pain and help her appetite. The judges indicated that Raich would possibly be able to avoid conviction under the medical necessity argument, but that she was not immune to arrest and prosecution nor was any other medical-marijuana patient who claimed medical necessity.
Raich’s case reached the Supreme Court in 2005, but the high court ruled that state laws providing for medical marijuana did not protect their citizens from federal prosecution. Currently, there are 11 states (including California) that have legalized medical marijuana. The Supreme Court then bumped the case back down to the appeals court, who ruled on a much narrower aspect of the case namely, whether or not absolute medical necessity precluded the government’s ability to prosecute these cases. According to the three-judge panel, it does not. In a related story out of Oregon today, where medical pot has been legal since 1998, the state Senate passed a measure allowing employers to fire medical-marijuana patients who fail drug tests. The measure still has to be approved in the House and be signed by the governor. Oregon has 13,000 registered medical-marijuana users, and their supporters had been pushing for a bill that protected them from being fired. Instead, the opposite measure was passed. Supporters contend that a simple urine test, which would yield a positive result for as long as 30 days after ingestion of pot, does not accurately reflect whether or not an employee was impaired or intoxicated during work hours. Despite the controversial nature of the medical-marijuana issue and the fact that voters in several states have overwhelmingly shown support for the measure the U.S. Justice Department has only intensified its prosecution of medical pot. An Associated Press report this past weekend noted that the Drug Enforcement Agency (DEA) was “embarking on a stepped-up effort targeting [medical-marijuana] clinics” they suspected of generating an inordinate amount of profit. On one day in January, the DEA raided 11 clinics in the Los Angeles area. Since state laws are being ruled virtually meaningless by the court system and since the federal government seems intent on prosecuting these cases, it appears that amending the federal Controlled Substances Act may be the only true recourse for medical-marijuana supporters. However, the influence of the pharmaceutical and tobacco lobbies alone make this approach rather unlikely to succeed. |
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Chavez Says Attacks on Bush Not Personal
International |
2007/03/14 20:28
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Hugo Chavez has called President Bush a devil, a donkey and a drunkard. But on Wednesday the Venezuelan leader said his comments were "nothing personal." Chavez, who had stepped up his verbal assault during Bush's Latin American tour this week, suggested that the two adversaries might eventually overcome their differences and even play a game of dominos or baseball together. "One day, if maybe George Bush and I survive all of this, we will reach old age, and it would be good to play a game of dominos, street baseball," Chavez said on his weekday radio program. But he said his comments about the American leader were "nothing personal" and that his opposition to Bush was due to "deep ethical, political, historic and geopolitical" reasons. Chavez has fiercely opposed U.S.-backed free trade policies and criticized the Bush administration's handling of Iraq and other foreign policy decisions. Chavez said Bush was part of a long line of elitist U.S. administrations that have become accustomed to abusing the rest of the world, acting unilaterally and violating human rights. He also taunted the U.S. leader for skirting questions about Chavez during his Latin American tour in the past week, comparing him to a matador avoiding the bull with his cape. "The president of the United States takes out his cape as always, Ole!, because he doesn't want to respond" to pointed issues raised by the Venezuelan leader, Chavez said. Bush on Wednesday completed a tour of Mexico, Brazil, Uruguay, Colombia and Guatemala. Chavez went on something of a shadow tour of Bush's trip over the same period, visiting several regional nations including Argentina, where he led thousands in an anti-bush rally. |
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