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Canadian Guantanamo detainee to boycott trial
Breaking Legal News | 2007/03/09 09:01

Canadian Guantanamo detainee Omar Khadr told his mother Wednesday in the first phone call with his family since his capture in 2002 that he plans to do whatever he can to avoid appearing in front of his military trial in Guantanamo Bay because he believes the military commission is fundamentally unfair.

The Toronto Star reported Thursday that Khadr, now 20, also said he no longer wanted to be represented by his appointed US lawyers, and would only accept legal representation from his family's Canadian lawyer, Dennis Edney. Unlike the Australian lawyers for Australian detainee David Hicks, Edney has not been allowed to travel to the Guantanamo Bay prison. This would not be the first time that Khadr has boycotted proceedings against him.

Khadr was only 15 years old when he allegedly trained with and fought alongside al Queda fighters in Afghanistan. His father, Ahmad Khadr, was a close associate of Osama bin Laden and other senior al Queda leaders. Omar Khadr is accused of planting mines to blow up US convoys and throwing a grenade that killed a US Green Beret. His charges were renewed last month. Earlier this week the US Supreme Court rejected his request to expedite his challenge of the 2006 Military Commissions Act.



Texas Lawmakers Chide Youth Prison Board
Breaking Legal News | 2007/03/08 21:58

A Texas Ranger told lawmakers he tried in vain for two years to get prosecutors to look into evidence that employees at a youth prison in West Texas had repeated sexual contact with the young inmates. He took the results of his 2005 investigation of the West Texas State School in Pyote to federal, state and local prosecutors, but none would pursue the case, he said.

Texas Ranger Sgt. Brian Burzynski speaks to members of a Joint Committee on the Operation and Management of the Texas Youth Commission Thursday, March 8, 2007, in Austin, Texas. Burzynski is one of the first law authorities to investigate allegations of sexual abuse at the West Texas State School.
   
Echoing the words of so many others, Sen. Hillary Rodham Clinton said of U.S. troops: They don't have the luxury of passing the buck to somebody else. They step forward and they step up.

"I promised each one of those victims that I would do everything in my power to ensure that justice would not fail them, the Rangers would not fail them," Brian Burzynski told a legislative committee Thursday, his voice quivering. "I can only imagine what the students think about the Ranger who was unable to bring them justice."

Recent discussions of the agency's budget brought Burzynski's investigation to the Legislature's attention, and an internal investigation confirmed his findings and determined top officials knew of the abuse but did nothing to stop it.

This week, state leaders dispatched law enforcement officials to all 22 state youth facilities and the commission's headquarters to investigate as the sexual abuse scandal became public.

The Texas attorney general's office opened an investigation and aimed to bring the case before a grand jury by May. Lawmakers urged them to hurry.

The legislative committee Burzynski testified before, set up to look into the scandal, also gave the Texas Youth Commission Board of Directors a vote of no confidence during its first meeting Thursday after board members refused to resign.

"You're responsible for 5,000 children that are incarcerated and they're God's children," said state Rep. Jim McReynolds. "I read (investigation reports) last night 'til I wanted to vomit."

Lawmakers are trying to determine who knew that inmates had accused top officials of molesting them, when they knew about it and why they didn't stop the abuse and expose it.

During the often tear-filled testimony, members of the board claimed they didn't know about many of the allegations and didn't have time in their meetings to categorically address reports of abuse.

"I've never been involved in anything where you had to follow up on a case that was done by a Texas Ranger or by a police department or was turned over to a district attorney," said Board Chairman Donald Bethel. "We didn't know anything about that."

Bethel insisted that the board did the best it could with the information it had.

"I don't think anyone else would have done different than what this board did," Bethel said.

Sen. John Whitmire, a Houston Democrat who leads the committee, told the five board members they should all resign: "I think you ought to do the state and the young people of Texas a service by getting out of the way and letting someone else lead."

Investigators on Thursday converged on a halfway house in San Antonio after getting a tip that the superintendent had been shredding documents. Executive Director Ed Owens had previously ordered that no document be destroyed at any of the facilities.

"They conducted a search of her office, vehicle and residence with her consent and they seized state-issued computers as well as a shredder and its contents," said Ted Royer, a spokesman for Gov. Rick Perry. "She was immediately escorted off the facilities and Ed Owens has ordered that she be suspended immediately while this investigation moves forward."



Democrat's bill to require Iraq troop withdrawal
Politics | 2007/03/08 09:47

Legislation due to arrive on the U.S. House floor later this month will propose legislation requing the withdrawal of U.S. combat troops from Iraq by the fall of 2008, and even earlier if the Iraqi government does not meet security and other goals, Democratic officials said Wednesday.

The conditions, described as tentative until presented to the Democratic rank and file, would be added to legislation providing nearly 100 billion U.S. dollars the Bush administration has requested for fighting in Iraq and Afghanistan, the officials said.

The legislation would be the most direct challenge the new Democratic-controlled Congress has posed to the president's war policies.

Speaker Nancy Pelosi's office did not provide details, but announced plans for a Thursday morning news conference to unveil the measure. It said she would be joined by Rep. John Murtha, D-Pa., and other key lawmakers. Murtha is chairman of the subcommittee with jurisdiction over the Pentagon's budget and is among the House's most outspoken opponents of the war.

Democrats familiar with the emerging legislation said the bill would require President Bush to certify the government of Iraqi Prime Minister Nouri al-Maliki was making progress toward providing for his country's security, allocating its oil revenues and creating a fair system for amending its constitution.

They said if Bush certified the Iraqis were meeting these so-called benchmarks, U.S. combat troops could remain until September of next year. Otherwise, the deadline would move up to the end of 2007.

The legislation also calls for the Pentagon to adhere to its standards for equipping and training U.S. troops sent overseas and for providing time at home between tours of combat.

At the same time, it permits Bush to issue waivers of these standards. Democrats described the waiver provision as an attempt to embarrass the president, but their effect would be to permit the administration to proceed with plans to deploy five additional combat brigades to the Baghdad area over the next few months.

The measure emerged from days of private talks among Democrats following the repudiation of Murtha's original proposal, which would have required the Pentagon to meet readiness and training standards without the possibility of a waiver.



Smith, Mallory join Gilbert Harrell law firm
Law Firm News | 2007/03/08 08:57



Two of Coastal Georgia's most prestigious law firms have recently merged. The merger of Gilbert, Harrell, Sumerford & Martin, P.C., and Smith & Floyd, P.A., expands each of their respective practices. The combined firm now consists of 20 attorneys with offices in Brunswick, St. Marys, and St. Simons Island.

Founded in Brunswick in 1871 by Charles P. Goodyear, Gilbert Harrell has served clients in Southeast Georgia for more than 130 years. The firm engages in all aspects of civil and commercial law and has specific practice groups dedicated to litigation, trusts and estates, corporate matters, and real estate.

The Smith & Floyd law firm was founded in 1985 by Charlie Smith Jr. and Terry Floyd. Jan Mallory joined the firm following Floyd's death in 2005. Smith has practiced law in St. Marys since 1976, with a primary focus in real estate. Formerly State Representative for District 175, Smith was legislative floor leader for Gov. Roy Barnes. Smith and Mallory are both graduates of the University of Georgia School of Law.

"We look forward to working together with Charlie and Jan to better serve our clients," said Gilbert Harrell Managing Partner Rees Sumerford. "I've known Charlie for more than 35 years. He's an outstanding attorney and person, and I cannot overstate how pleased I am to become professionally associated with him."

Smith added, "Joining forces with the Gilbert Harrell firm makes a lot of sense for us. It will enable us to better serve our clients in Camden County and to greatly expand the types of legal services we offer, to include estate planning, civil litigation, and other areas."

The firm will continue to be known as Gilbert, Harrell, Sumerford & Martin, P.C. 


http://www.gilbertharrelllaw.com



US Supreme Court rejects detainees' request
Breaking Legal News | 2007/03/07 23:06
The US Supreme Court has refused to expedite its consideration of a petition for a writ of certiorari filed by Guantanamo Bay detainees seeking review of the 2006 Military Commissions Act. According to a report on the Jurist site, two Guantanamo detainees, Salim Ahmed Hamdan and Omar Khadr, filed the motion to expedite recently, asking the court to review the MCA provision which prevents federal courts from hearing detainees' habeas corpus challenges. The detainees asked the court to review the habeas-stripping provision as it was applied in two separate cases: the US Court of Appeals for the DC Circuit upheld the dismissal of many habeas cases, and a district judge last December dismissed Hamdan's habeas appeal, finding the district court lacked jurisdiction due to the court-stripping provision. Lawyers for the detainees had hoped that the court would grant certiorari in the appeal and would schedule oral arguments for the current term.


US again refuses to run for UN rights council seat
International | 2007/03/07 23:05

The US State Department announced Tuesday that once again the United States will not run for a seat on the Geneva-based UN Human Rights Council. The US said last year that it would not seek election because some of the other countries vying for council seats "systematically abuse human rights," but this year US officials cited an anti-Israeli bias as its reason for not running. Spokesman Sean McCormack said that the council has not proven itself to be a credible body, and has had a "nearly singular focus on issues related to Israel." When asked why the US didn't run and try to take a leadership role in the council, McCormack said Secretary of State Condoleezza Rice thought it would be more effective to work outside the group as an example of what the Human Rights Council should be. Last year a number of observers speculated that if the US ran it risked an embarrassing loss or at least a visible lack of general support because of harsh US treatment of detainees at Guantanamo Bay and Iraq. The same concerns could apply again this year.

The Democratic chairman of the US House Committee on Foreign Affairs decried the decision, calling it an "act of unparalleled defeatism" that would allow rogue states to continue to control the world's human rights machinery."



Great Lakes' health key to lawmakers
Environmental | 2007/03/07 19:48

Members of Congress were visibly frustrated Wednesday as they questioned an administration official about the slow pace of action on keeping invasive species out of the Great Lakes.

"Here you have these international boats dumping these critters all over the place and you can't do anything," Rep. Candice Miller, R-Harrison Township, said at a hearing by the House Transportation and Infrastructure Subcommittee on Water Resources and Environment.

The hearing was called to examine the problems posed by the zebra mussel, the sea lamprey and other creatures that threaten native species by gobbling up their food.

"It's an ecological and environmental disaster," said Rep. Vernon Ehlers, R-Grand Rapids, a scientist and longtime champion of Great Lakes issues.

Benjamin Grumbles, assistant administrator for water at the Environmental Protection Agency, told lawmakers his agency and others are researching how nonnative species enter the lakes so they can come up with a way to keep them out.

"We all recognize we need to do much more in terms of the invasive species threat," Grumbles said.



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