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Attorney General Gonzales defends prosecutor firings
Law Center |
2007/04/15 13:50
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Attorney General Alberto Gonzales, fighting to save his job, said in prepared Senate testimony Sunday he has "nothing to hide" in the firings of eight federal prosecutors but claimed a hazy memory about his involvement in them. Two Republican senators said Gonzales has yet to shore up his credibility amid shifting explanations of his role in the dismissals. Vice President Dick Cheney reaffirmed White House support for the attorney general — but left it to Gonzales to defend himself to lawmakers who have called for his resignation. In his 25-page statement, Gonzales apologized for embarrassing the eight U.S. attorneys and their families by letting their ousters erupt into a political firestorm that has engulfed the Justice Department since January. He maintained the firings were not improper, but said he remembers having only an indirect role in the plans beyond approving them. "I have nothing to hide, and I am committed to assuring the Congress and the American public that nothing improper occurred here," Gonzales said in prepared testimony released before he appears Tuesday before the Senate Judiciary Committee. The panel, which oversees the Justice Department, is investigating whether the firings were politically motivated. "I am sorry for my missteps that have helped to fuel the controversy," he said. Gonzales added: "In hindsight, I would have handled this differently. ... Looking back, it is clear to me that I should have done more personally to ensure that the review process was more rigorous, and that each U.S. attorney was informed of this decision in a more personal and respectful way." |
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Bush to allow cell research on unviable embryos
Law Center |
2007/04/10 23:13
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President George W. Bush will sign off on a bill providing funding for studies on embryos incapable of further development, but will refuse to endorse legislation that would subsidize stem cell research the White House announced Tuesday. The administration said in a formal policy statement sent to Congress that Bush would veto the Stem Cell Research Enhancement Act of 2007 because the law would "pay for research that relies on the intentional destruction of human embryos." The White House also said, however, that Bush would support the HOPE Act because it would provide funding for research into pluripotent stem cells that does not entail the destruction of embryos. In July, Bush vetoed the Stem Cell Research Enhancement Act of 2005 saying he refused to provide federal funding for stem cell research because many people consider the destruction of embryos murder. Simultaneously, Bush signed the Fetus Farming Prohibition Act, intended to prohibit "fetal farming," the method of creating fetuses for the sole purpose of research, after both the House and Senate passed the bill unanimously. |
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DC Appeals Ruling Overturning Handgun Ban
Law Center |
2007/04/10 09:29
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The city government of Washington, DC on Monday asked the US DC Circuit Court of Appeals for an en banc rehearing of a case that led to a controversial ruling last month invalidating the city's handgun ban. City lawyers warn that the current ruling "severely limits" the ability of local and federal legislatures to regulate firearms to protect citizens and law-enforcement officers. By a 2-1 panel vote in March, the judges deciding Parker v. District of Columbia relied on the Second Amendment to overturn a 31-year old ban on handguns in the District of Columbia. Mayor Adrian Fenty and the city argued that the panel's interpretation of the Second Amendment is "contrary to of nearly every other federal court of appeals, as well as the highest local court in this jurisdiction." The case is widely expected to end up before the US Supreme Court, regardless of who ultimately wins in the DC Circuit Court. |
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State Sen. Wayne Bryant pleaded not guilty
Law Center |
2007/04/10 00:01
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One of the most powerful politicians in Southern New Jersey pleaded not guilty to federal corruption charges. Senator Wayne Bryant is accused of using his clout as head of the Senate Budget Committee to steer millions in grants to two state schools that gave him no-show jobs. During a court hearing this morning in Trenton, Bryant pleaded not guilty to the fraud, bribery and pension-padding allegations. Also charged in the case is former UMDNJ Dean R. Michael Gallagher of Haddonfield. He also entered a not guilty plea Monday, as expected. U.S. Attorney Christopher Christie alleges Bryant and Gallagher both gained financially from their relationship with the school.
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DOJ and Inova Fairfax Hospital Reach Settlement Agreement
Law Center |
2007/04/09 23:08
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The Department of Justice today announced a comprehensive settlement agreement under the Americans with Disabilities Act (ADA) with Inova Fairfax Hospital, a hospital serving the Virginia suburbs of Washington, D.C. The settlement agreement, which is designed to ensure effective communication with patients or companions who are deaf or hard of hearing, resolves allegations that the hospital did not appropriately respond to an incident involving a patient who was hearing-impaired. "Patients and their families need to be able to communicate with medical providers for proper diagnosis and treatment," said Wan J. Kim, Assistant Attorney General for the Civil Rights Division. "This agreement should serve as a model for other hospitals to make certain that individuals who are deaf or hard of hearing have equal access to medical care and treatment as required by the ADA." The settlement agreement resolves allegations that the hospital did not appropriately respond to requests to provide a qualified sign language interpreter for the deaf mother of a pregnant patient who had been involved in a car accident. Approximately 30 minutes after arrival, while still in the ER, the patient expressly requested a sign language interpreter for her mother; however, Inova failed to call for an interpreter until 5 ½ hours after the initial request. This forced the patient to act as the interpreter for her mother at the same time that the patient was receiving distressing news about her own condition. Under the agreement, the hospital will provide auxiliary aids, when needed, to family members and companions as well as to patients; assess the communication needs of individuals with speech or hearing impairments upon their arrival or at the time an appointment is scheduled; and provide qualified interpreters (on-site or video interpreting) as soon as possible (and within specified time limits) when necessary for effective communication, especially in circumstances involving lengthy or complex interactions such as admissions and detailed discussions of symptoms, diagnosis and treatment. The hospital has also agreed to pay the patient and her mother a total of $55,000 in damages. "Effective communication is particularly critical in the health care setting," said Chuck Rosenberg, U.S. Attorney for the Eastern District of Virginia. "We are committed to ensuring that individuals with disabilities and their families are not subjected to unequal treatment because of poor communication with medical personnel about their symptoms, diagnoses and treatment." Title III of the ADA applies to private entities such as hospitals and other medical care facilities and, among other things, requires that private entities such as hospitals ensure effective communication with persons with speech, hearing and vision impairments. People interested in finding out more about the ADA or the agreement can call the Justice Department's toll-free ADA Information Line at 1-800-514-0301 or 1-800-514-0383 (TTY), or access its ADA Web site at http://www.ada.gov. |
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Bush To Renew Effort On Immigration Plan
Law Center |
2007/04/09 05:09
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President Bush returns to work Monday on the volatile issue of immigration, where his hope for a legislative breakthrough is complicated by cold relations with Congress. Bush will be back in Yuma, Ariz., to inspect the construction of border fencing and to push for the creation of a guest worker program and a path to citizenship for illegal immigrants. The trip serves as a bookend to the visit Bush made to the same southwest desert city last May. He will also make calls to "resolve without amnesty and without animosity the status of the millions of illegal immigrants that are here right now," according to White House spokesman Scott Stanzel. On the immigration issue Bush is facing a new congressional leadership that is friendlier to his views but is also facing the same dynamics that scuttled his last attempt: a cooperative Senate but bipartisan opposition in the House. House Speaker Nancy Pelosi, a Democrat, has told the White House she cannot pass a bill with Democratic votes alone, nor will she seek to enforce party discipline on the issue. Bush will have to produce at least 70 Republican votes before Pelosi considers a vote on comprehensive immigration legislation, a task that might be difficult for a president with low approval ratings. Meanwhile, the Democratic Party's conservatives, particularly freshmen who seized their seats from Republicans, had to weather a barrage of attacks on the issue before their victories in November last year, and are not eager to relive the experience. A recently leaked White House presentation devised after weeks of closed meetings with Republican senators suggests some hardening of Bush's positions. The new proposals will suggest that illegal alien workers apply for three-year work visas, renewable indefinitely at a cost of 3,500 U.S. dollars each time. In order to obtain a green card that would make them legal permanent residents, they would have to return to their home countries, apply for re-entry at a U.S. embassy or consulate, and pay a fine of 10,000 dollars. More green cards would be made available to skilled workers by limiting visas for parents, children and siblings of U.S. citizens. Temporary workers would not be able to bring their families into the country. Key Democrats have said the plan would unacceptably split families while creating a permanent underclass of temporary workers with no prospects of fully participating in U.S. society. |
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Reserve duty at issue in U.S. Attorney firing
Law Center |
2007/04/06 07:14
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The federal Office of Special Counsel is investigating whether the Bush administration's firing of David Iglesias, U.S. Attorney for the District of New Mexico and a captain in the Navy Reserve, is a violation of the Uniformed Services Employment and Reemployment Rights Act. Iglesias is one of the eight U.S. attorneys fired by the Bush administration in what has become a widening scandal for the Justice Department and Attorney General Alberto Gonzalez. In an interview, Iglesias said he was given no reason for his firing when he was notified Dec. 7. But he later found out from a Senate staff member that Deputy Attorney General Paul McNulty had said Iglesias and six of the other seven were fired for performance reasons. And in Iglesias' case, a document released by the Justice Department referred to him as an "absentee landlord." But Iglesias said his absences from his civilian job were taken to fulfill his military obligations as a reservist. As a drilling reservist, he said, he is required to do 36 days of duty each year, and probably did a little extra, 40 to 45 days total for each year that he served as the U.S. Attorney for the District of New Mexico. Each time before he left for military duty, he notified the Washington, D.C., Justice Department office, which is the clearinghouse for such matters, he said. And his Navy Reserve information was on his résumé when he was hired for the U.S. Attorney's job in October 2001. Iglesias confirmed that he has authorized an investigation into whether his firing might constitute a violation of USERRA. A spokesman for the Office of Special Counsel confirmed that the office is investigating the case but declined to provide further details. The office, which often investigates employment and re-employment rights cases on behalf of military reservists, is an independent agency and is not connected to the Justice Department. If his firing is even partly related to his reserve duty, it could be a violation of the law. Iglesias said he has had a number of Guard or Reserve members working for him and had six who were mobilized since Sept. 11, 2001. As part of his reserve duties, he also has conducted training for virtually every drilling Navy reserve attorney. The subject of USERRA is "something near and dear to my heart," he said. He is scheduled to conduct training soon with Navy Reserve attorneys about how the Justice Department enforces USERRA with private employers. If his status as a reservist did, in fact, have anything to do with his firing as U.S. Attorney, he said, "it would be a violation of federal law — and I'd be horribly disappointed with the Justice Department tasked with enforcing it, that they would not honor the letter of the law with one of their own people. "There are so many ironies in this scandal," Iglesias said. "I've authorized the OSC to look into whether there is an issue. There may be. The stories keep changing from the Department of Justice." Performance evaluations and statements by officials indicated Iglesias' job performance was excellent, according to congressional testimony. In a joint statement when four of the fired attorneys were subpoenaed to testify before the House and Senate judiciary committees March 6, the attorneys, who are political appointees, said they were aware that they served at the pleasure of the president and could be removed for any or no reason. Iglesias' situation is more complicated than the USERRA issue. He testified about phone calls he received before the November 2006 midterm elections from Sen. Pete Domenici, R-N.M., and Rep. Heather Wilson, R-N.M., and as a result felt pressured related to a corruption investigation involving Democrats in New Mexico. Later, he testified, "I just started to put the dots together" in connection with his firing. As such, the OSC investigation into Iglesias' firing is moving on three parallel tracks: the Justice Department's violation of Iglesias' rights under the Whistleblower Protection Act and USERRA, and the government's violation of the Hatch Act, which restricts partisan political activity by government employees. |
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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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