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Democrats Urge Perjury Probe of Gonzales
Political and Legal | 2007/07/26 11:27
Senate Democrats called for a perjury investigation against Attorney General Alberto Gonzales on Thursday and subpoenaed top presidential aide Karl Rove in a deepening political and legal clash with the Bush administration. "It has become apparent that the attorney general has provided at a minimum half-truths and misleading statements," four Democrats on the Senate Judiciary Committee wrote in a letter to Solicitor General Paul Clement.

They dispatched the letter shortly before Sen. Patrick Leahy, D-Vt., announced the subpoena of Rove, the president's top political strategist, in remarks on the Senate floor. The White House has claimed executive privilege to block Congress from receiving documents or testimony by current and former presidential aides.

``We have now reached a point where the accumulated evidence shows that political considerations factored into the unprecedented firing of at least nine United States attorneys last year,'' said Leahy, chairman of the Senate Judiciary Committee.

In response, White House spokesman Tony Fratto said, "Every day congressional Democrats prove that they're more interested in headlines than doing the business Americans want them to do. And Americans are now taking notice that this Congress, under Democratic leadership, is failing to tackle important issues," he said.

Gonzales is at the center of the U.S. attorney controversy, but the call for a perjury probe involved alleged conflicts between testimony he gave the Judiciary Committee in two appearances, one last year and the other this week. The issue revolves around whether there was internal administration dissent over the president's warrantless wiretapping program.

As for the firing of the prosecutors, e-mails released by the Justice Department show Gonzales' aides conferred with Rove on the matter.

Leahy also said he was issuing a subpoena for J. Scott Jennings, a White House political aide. The deadline for him and Rove to comply was set as Aug. 2.

"For over four months, I have exhausted every avenue seeking the voluntary cooperation of Karl Rove and J. Scott Jennings, but to no avail," the Vermont lawmaker said. "They and the White House have stonewalled every request. Indeed, the White House is choosing to withhold documents and is instructing witnesses who are former officials to refuse to answer questions and provide relevant information and documents."

The call for a perjury investigation marked yet another complication for Gonzales, whose fitness to serve has been bluntly criticized by Republicans and Democrats alike.

Sen. Arlen Specter, R-Pa., the senior Republican on the Senate Judiciary Committee, told reporters aboard Air Force One during the day that he "might" raise the issue with the president, who has steadfastly stood by his longtime friend.

And Senate Majority Leader Harry Reid, D-Nev., told reporters, "I'm convinced that he's not telling the truth," based on conversations with Democrats on the Judiciary Committee.

In a separate letter Thursday to Gonzales, Leahy said he would give the attorney general eight days to correct, clarify or otherwise change his testimony "so that, consistent with your oath, they are the whole truth."

In their letter to Clement, the four senators wrote that Gonzales' testimony last year that there had been no internal dissent over the president's warrantless wiretapping program conflicted with testimony by former Deputy Attorney General James Comey and with Gonzales' own statements this week before the Judiciary Committee.

They also said Gonzales falsely told the panel that he had not talked about the firings with other Justice Department officials. His former White House liaison, Monica Goodling, told the House Judiciary Committee under a grant of immunity that she had an "uncomfortable" conversation with Gonzales in which he outlined his recollection of what happened and asked her for her reaction.

"The attorney general should be held to the highest ethical standards," the senators wrote.

Sen. Charles Schumer, D-N.Y., one of the four lawmakers to sign the letter, was sharply critical of Gonzales. "There's no wiggle room." Schumer said.
It's not misleading. Those are deceiving. Those are lying."

Clement would decide whether to appoint a special prosecutor because Gonzales and outgoing Deputy Attorney General Paul McNulty have recused themselves from the investigation that involves them. The Justice Department's No. 3 official, Associate Attorney General William Mercer, is serving only in an acting capacity and therefore does not have the authority to do so.

At issue is what was discussed at a March 10, 2004, congressional briefing. A letter from then-Director of National Intelligence John Negroponte said the briefing concerned the administration's terrorist surveillance program on the eve of its expiration.

But Gonzales, at Tuesday's Senate Judiciary Committee hearing, repeatedly testified that the issue at hand was not about the terrorist surveillance program, which allowed the National Security Agency to eavesdrop on suspects in the United States without receiving prior court approval.

Instead, Gonzales said, the emergency meetings on March 10, 2004, focused on an intelligence program that he would not describe. He said the meeting prompted him to go to the bedside of ailing then-Attorney General John Ashcroft to recertify the surveillance program, but he denied pressuring Ashcroft to do so. Ashcroft, recovering from gall bladder surgery, refused.

White House press secretary Tony Snow defended Gonzales on Thursday but would not talk about the subject of the 2004 briefing.

"Unfortunately we get into areas that you cannot discuss openly," Snow said. "It's a very complex issue. But the attorney general was speaking consistently. The president supports him. I think at some point this is going to be something where members are going to have to go behind closed doors and have a fuller discussion of the issues. But I can't go any further than that."



Court narrows law environmental protection law
Environmental | 2007/07/26 09:26

The Michigan Supreme Court on Wednesday put limits on a long-standing state law that allows Michigan citizens to sue over drilling, dredging and development they think would hurt the state's environment. The ruling came in a case involving an international corporation's right to take groundwater for its Ice Mountain bottling plant in Mecosta County. Local residents had sued Greenwich, Conn.-based Nestle Waters North America and its bottled water operation in 2001 over potential damages to nearby waterways.

In its 4-3 decision, the Supreme Court upheld Court of Appeals decisions that said the residents had the legal standing to sue the company over how its water withdrawals might affect the Dead Stream and Thompson Lake.

But it disagreed with the lower court's ruling that the residents also had the legal standing to sue over a nearby lake -- Osprey Lake Impoundment -- and three wetlands, saying residents didn't prove they used those areas.

Justice Marilyn Kelly criticized the majority's decision, writing in her dissent that "it extinguishes a valid cause of action for no reason other than its belief that the cause of action granted by the Legislature is too broad."

A Nestle spokeswoman said the court simply was being consistent with an earlier ruling that limited the law's scope.

But David Holtz, director of Clean Water Action Michigan, said the court's ruling makes it even more important to pass legislation protecting Michigan's waters. A package of bills was introduced this week in the state House to strengthen a permit system for water withdrawals.



Ohio court: Domestic violence laws for all couples
Court Watch | 2007/07/26 08:25
Ohio's domestic violence laws do not conflict with the state's ban on gay marriage, the Ohio Supreme Court ruled Wednesday.
 
In a 6-1 decision, justices rejected an argument that the domestic violence law was unenforceable in cases involving unmarried couples because it refers to them as living together "as a spouse."
Chief Justice Thomas Moyer wrote in the opinion that lawmakers included many groups under the domestic violence law, and that describing people's living arrangements isn't the same as creating a law approximating marriage.
The gay marriage ban prohibited the government from creating any such approximation.
Twenty-seven states have constitutional language defining marriage as between a man and a woman, according to the National Conference of State Legislatures.
In Indiana, opponents of a constitutional ban on same-sex marriage had argued it would cause single people to lose protection under domestic violence laws. The amendment could be placed on the statewide ballot in 2008.


Brodsky & Smith, LLC Announces Class Action Lawsuit
Legal Marketing | 2007/07/26 07:33

Law offices of Brodsky & Smith, LLC announces that a securities class action lawsuit has been filed on behalf of shareholders who purchased the common stock of Greenfield Online Inc. ("Greenfield Online" or the "Company") (NASDAQ: SRVY) from February 9, 2005 and September 30, 2005 (the "Class Period"). The litigation seeks to pursue remedies under the Securities Act of 1934. The class action lawsuit was filed in the United States District Court for the District of Connecticut.

The Complaint alleges that defendants violated federal securities laws by issuing a series of material misrepresentations to the market, thereby artificially inflating the price of Greenfield Online.

No class has yet been certified in the above action. Until a class is certified, you are not represented by counsel unless you retain one. If you purchased this stock during the above referenced class period you have certain rights. To be a member of the class you need not take any action at this time, and you may retain counsel of your choice. If you want to discuss your legal rights, you may e-mail or call the law office of Brodsky & Smith, LLC who will, without obligation or cost to you, attempt to answer your questions. You may contact Evan J. Smith, Esquire or Marc L. Ackerman, Esquire at Brodsky & Smith, LLC, Two Bala Plaza, Suite 602, Bala Cynwyd, PA 19004, by e-mail at clients@brodsky-smith.com, or by calling toll free 877-LEGAL-90.



PepsiCo Not Infringing On Coca-Cola Patent
Patent Law | 2007/07/26 07:30

Kilpatrick Stockton LLP said a Georgia court ruled PepsiCo Inc.'s (PEP) "bag- in-box" technology doesn't infringe on a Coca-Cola Co. (KO) patent.

The suit was over a type of container Purchase, N.Y., PepsiCo had been using to distribute and dispense fountain syrup, which Atlanta-based Coca-Cola said infringed on its patent.

The law firm representing PepsiCo said the action had been pending in the U.S. District Court for the Northern District of Georgia for about two years. The firm moved for summary judgment, arguing that the judge's interpretation of the patent in a prior case precluded a finding of infringement in this case.

The judge, Richard W. Story, granted the motion and dismissed the case.

Coca-Cola wasn't immediately available for comment.



Minister tells court marijuana is a sacrament
Breaking Legal News | 2007/07/26 06:29

The mail-order minister of a Hollywood church that burns marijuana during services and allegedly sells it to members says that’s protected under federal law because the drug is a religious sacrament. But Judge Mary Strobel has ruled that the Reverend Craig X. Rubin can’t use federal law as a defense because he faces only state charges.

Rubin, who’s representing himself at his drug trial, says members of his Temple 420 believe that marijuana is the tree of life mentioned in the Bible.

Though ordained in 1990 by the Universal Life Church, police and prosecutors describe Rubin as a drug dealer. He faces up to seven years in prison if convicted of possessing marijuana for sale.

The 41-year-old Rubin has no legal experience, and says he spent last weekend praying and smoking marijuana with Indians in a sweat lodge at the bottom of the Grand Canyon.



NY Beggars Granted Class Action Status
Law Center | 2007/07/26 03:34
A U.S. District Court Judge dismissed on Wednesday the arguments by New York City lawyers and granted six panhandlers to proceed with a class action against the state and local law-enforcement agencies accused of making thousands of illegal arrests under a defunct law.

Class action status means thousands of state's panhandlers with a similar complaint can join the suit and could be included in any monetary judgment.

Judge Shira Scheindlin said that granting class action status was the only way to stop the state-wide enforcement of an anti-begging law that was ruled unconstitutional in 1992, but since then has been used in over 10,000 arrests and prosecutions across the entire state.

"We're looking forward to putting an end to this practice," said Matthew Brinckerhoff, the beggars' lawyer.

The city lawyers had contended that the plaintiffs were unfit to represent such a large group in a class action suit, due to mental illness and drug addiction.



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Class action or a representative action is a form of lawsuit in which a large group of people collectively bring a claim to court and/or in which a class of defendants is being sued. This form of collective lawsuit originated in the United States and is still predominantly a U.S. phenomenon, at least the U.S. variant of it. In the United States federal courts, class actions are governed by Federal Rules of Civil Procedure Rule. Since 1938, many states have adopted rules similar to the FRCP. However, some states like California have civil procedure systems which deviate significantly from the federal rules; the California Codes provide for four separate types of class actions. As a result, there are two separate treatises devoted solely to the complex topic of California class actions. Some states, such as Virginia, do not provide for any class actions, while others, such as New York, limit the types of claims that may be brought as class actions. They can construct your law firm a brand new website, lawyer website templates and help you redesign your existing law firm site to secure your place in the internet.
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