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Leahy: Gonzales 'has not been truthful'
Breaking Legal News | 2007/04/02 09:41

US Sen. Patrick Leahy (D-VT) Sunday rejected attempts by the Bush administration to move up the date that US Attorney General Alberto Gonzales is scheduled to testify regarding his role in the firings of eight US Attorneys. White House counselor Dan Bartlett urged the US Senate Judiciary Committee to push up Gonzales' testimony from April 17 to next week, but committee chairman Leahy said Gonzales himself chose the mid-April date after declining earlier offered dates, so the schedule would not be changed now.

Meanwhile, comments made by Senate GOP leader Mitch McConnell (R-KY) regarding Gonzales' inconsistent explanations of his involvement in the firings did not resound with confidence in the attorney general. McConnell did not express his own backing of Gonzales, but said President Bush has confidence in Gonzales "at the moment."



Hick's father says plea deal proves case corruption
Breaking Legal News | 2007/04/01 10:23

Guantanamo inmate David Hicks, gagged from speaking to the media, will soon return to Australia from Cuba under a plea deal that reflects the weakness of the prosecution case and political needs of a close US ally, his father said today.

"The military commission system is transparent all right – transparently corrupt," Terry Hicks said, exuberant about the leniency of his son's sentence but still furious about the treatment the 31-year-old Muslim convert has endured for five years.

David Hicks will serve a nine-month sentence in a prison in his hometown of Adelaide after admitting last week that he aided al-Qaida in a plea deal at the US naval base at Guantanamo Bay.

The deal prevents him from talking to the media for 12 months or pursuing his allegations of abuse while in US custody.

Legal observers and opposition lawmakers have joined Terry Hicks in saying the deal is tailored to remove potential political embarrassment for Australian Prime Minister John Howard, who will seek his fifth three-year term as national leader at elections due later this year.



USS Cole suspect claims torture led to confession
Breaking Legal News | 2007/04/01 10:17

Abd al-Rahim al-Nashiri, the suspected mastermind of the 2000 USS Cole bombing and a Guantanamo Bay detainee, said his confession to the attacks was coerced through five years of torture, according to transcripts released Friday. The transcripts from his Combatant Status Review Tribunal hearing do not provide any details of the alleged torture, and sections of transcript were redacted, but al-Nashiri did say that his alleged torturers were American and not Yemeni. When asked if he was under any pressure or duress at his hearing, he said "No. Not today." Pentagon spokesman Bryan Whitman told the Associated Press that al-Nashiri's allegations of torture would be investigated.

Al-Nashiri has already been convicted and sentenced to death after a trial in absentia in Yemen, the site of the USS Cole attack. He is one of the 14 "high value" detainees moved from secret overseas CIA prisons.



Feds indict Huntsville defense company
Breaking Legal News | 2007/04/01 10:16

An Alabama company and its owner have been indicted on charges of illegally exporting sensitive military technology overseas, fraud involving aircraft parts, and submitting false documents to the government, Kenneth L. Wainstein, Assistant Attorney General for National Security, and Alice H. Martin, U.S. Attorney for the Northern District of Alabama.

The five-count indictment, issued in the Northern District of Alabama, charges Axion Corporation, a defense contracting firm based in Huntsville, Ala., and its owner, Alexander Nooredin Latifi, 59, a resident of Huntsville.

"Keeping sensitive U.S. military technology from falling into the wrong hands is a top priority for the Justice Department," said Assistant Attorney General Wainstein. "This indictment and other recent illegal export prosecutions should serve as a warning to companies seeking to enhance their profits at the expense of America's national security." "No defense contractor can export an item on the United States Munitions List, to another country, without first obtaining a license from the Department of State. Critical technology, such as the bifilar weight assembly, will be protected through criminal law enforcement where violations are found," said Alice H. Martin, United States Attorney Northern District of Alabama.

According to the indictment, in September 2003 and continuing thereafter, Axion Corporation and Latifi knowingly and willfully exported defense articles, specifically technical drawings of the bifilar weight assembly for the UH-60 Black Hawk helicopter, to overseas manufacturers without first obtaining a required license and authorization from the State Department. By law, U.S. companies must obtain a State Department license or authorization before exporting defense articles.

The indictment also alleges that, on or about February 19, 2004, Axion Corporation and Latifi made a fraudulent representation to the U.S. Army concerning an aircraft part in connection with a military contract. Specifically, the defendants represented to the U.S. Army that certain parts were provided by Tungsten Products of Madison, Alabama, when that company was not the supplier.

Further, on or about January 2004, Axion Corporation and Latifi knowingly submitted a false document to the government in connection with a military contract involving a tank part. Specifically, the defendants submitted "First Article Test Reports" which falsely stated that Industrial Fabrications Co., Inc., had conducted testing, when the defendants knew that the test reports were false and the testing had not taken place before a specific date.

Counts four and five of the indictment seek forfeiture of any assets and property derived from the offenses alleged in the indictment, including real property at 317 Nick Fitchard Road, NW Huntsville, Alabama, where Axion Corporation is located, as well as $659,280 and all interest and proceeds derived therefrom.

The maximum penalty for exporting defense articles without a license is ten years imprisonment, a fine of $1,000,000 or both, and a term of supervised release of three years. The maximum penalty for fraud is fifteen years imprisonment, a fine of not more than $500,000, or both, and a term of supervised release of three years. The maximum penalty for filing false documents is five years imprisonment, a fine of $250,000, or both, and a term of three years supervised release. This investigation was conducted by National Aeronautics and Space Administration (NASA) Office of Inspector General; the Defense Criminal Investigative Service (DCIS); Army Criminal Investigation Division; the U.S. Immigration and Customs Enforcement (ICE); the Federal Bureau of Investigation (FBI), and the Internal Revenue Service (IRS).

The prosecution is being handled by Assistant U.S. Attorneys David H. Estes, Angela Redmond Debro, and James D. Ingram from the U.S. Attorney's Office for the Northern District of Alabama, as well as Trial Attorney Mariclaire Rourke from the Counterespionage Section of the Justice Department's National Security Division.

Members of the public are reminded that an indictment contains only charges. A defendant is presumed innocent of the charges and it will be the government's burden to prove a defendant's guilt beyond a reasonable doubt at trial.



Hicks to Serve 9 Months in Terrorism Case
Breaking Legal News | 2007/03/31 10:47

A US military commission at Guantanamo Bay recommended sentencing Australian detainee David Hicks to seven years in prison late Friday but all but nine months of that have been effectively suspended by a military judge under the terms of a plea agreement that was kept secret from the panel of military officers during its deliberations. Hicks is expected to be returned to Australia to serve his prison term within two months. He has already spent more than five years in US custody since being captured in Afghanistan.

Under the plea agreement, Hicks was required to state that he "has never been illegally treated" while being held as an enemy combatant by the United States and that his detention was lawful pursuant to the laws of armed conflict. Hicks is also prohibited from having contact with the media for a period of one year, is to not take any legal action against the United States for his treatment during his 5 year detention, and is required to turn over any profits from an eventual sale of his story to the Australian government.

Vincent Warren, Executive Director of the Center for Constitutional Rights, criticized the plea as an "to silence criticism and keep the facts of their torture and abuse of detainees from the public." Hicks is the first Guantanamo detainee to be tried under the new Military Commissions Act. Hicks' conviction is also the first by the tribunal.



Investigators find Interior official broke federal rules
Breaking Legal News | 2007/03/31 07:43

The US Deputy Assistant Secretary for Fish, Wildlife and Parks violated federal rules against sharing non-public endangered species information with private industry groups, according to an investigative report released Thursday. Julie MacDonald, who joined the Bush administration in 2002, admitted that she gave internal US Interior Department and Environmental Protection Agency (EPA) information to private groups including the Pacific Legal Foundation and the California Farm Bureau Federation. The investigation into MacDonald's activities also uncovered two emails that she sent to individuals with e-mail addresses ending in "chevrontexaco.com."

US Interior Department Inspector General Earl Devaney conducted the investigation into MacDonald's activities and documented comments by other US Interior Department officials who characterized MacDonald as favoring developers by "manipulating science" in an effort to meet her policy goals as a political appointee. US Rep. Nick Rahall (D-WV), chairman of the US House Natural Resources Committee, officially released Devaney's report and said he plans to conduct a hearing in May to address concerns "on whether politics is infiltrating decisions" by governmental officials on environmental issues.



Gonzales pledges to remain on job
Breaking Legal News | 2007/03/30 21:59

US Attorney General Alberto Gonzales defended his role in the firings of federal prosecutors Friday, admitting that there has been some confusion but that his involvement in the matter was limited to signing off on recommendations made by his former chief of staff Kyle Sampson. Gonzales told reporters that his motivations for the decisions "were not based on improper reasons." Sampson, who resigned earlier this month, told the Senate Judiciary Committee Thursday that the prosecutors were fired for political reasons rather than for poor performance as the Justice Department has claimed. Sampson also said Gonzales did more than merely follow his recommendations, that Gonzales and former White House counsel Harriet Miers were deeply involved in the firings.

In Friday's White House press briefing White House spokesperson Dana Perino contradicted told reporters that despite any reports to the contrary, the President has "100 percent confidence" in Gonzales.



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