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Supreme Court takes campaign issue ads cases
Law Center | 2007/01/20 05:03
The US Supreme Court Friday granted certiorari in five cases and ordered all briefings on a challenge to the limits on pre-election advertisements introduced as part of the Bipartisan Campaign Reform Act (BCRA) upheld by the Supreme Court in 2003 to be completed by April 18. The two consolidated cases, FEC v. Wisconsin Right to Life, Inc., et al. (06-969) and McCain, et al. v. Wisconsin Right to Life, Inc., et al. (06-970), stem from a District Court ruling that advocacy groups must be allowed to run issue ads in the two-months period immediately prior to elections.


Ethics reform bill approved by Senate
Law Center | 2007/01/19 14:16

The US Senate passed the Legislative Transparency and Accountability Act of 2007 by a 96-2 vote Thursday, but declined to create a Senate Office of Public Integrity to investigate ethics breaches. The bill was the first major initiative taken by the Senate in the new Democrat-dominated session of Congress. The measure regulates lobbying activities by preventing lawmakers from accepting gifts and travel from lobbyists, requiring stricter reporting of lobbying activity, preventing spouses of lawmakers from lobbying the Senate and extending the period a former senator must wait before undertaking lobbying activities to two years. The final text passed by the Senate, however, did not include a provision which would have required disclosure of grass-roots lobbying. Senators voted 55-43 not to include that provision in the bill.

The bill also requires clearer reporting of home state projects, denies pension benefits to those convicted of serious crimes and requires lawmakers to pay the full price fare when traveling on chartered planes. Opponents of the bill complained the measure discouraged free speech by deterring petition drives, but majority leader Sen. Harry Reid (D-NV) called the measure "the most significant legislation in ethics and lobbying reform we've had in the history of this country."



Ethics reform bill approved by Senate
Law Center | 2007/01/19 08:28

The US Senate passed the Legislative Transparency and Accountability Act of 2007 by a 96-2 vote Thursday, but declined to create a Senate Office of Public Integrity to investigate ethics breaches. The bill was the first major initiative taken by the Senate in the new Democrat-dominated session of Congress. The measure regulates lobbying activities by preventing lawmakers from accepting gifts and travel from lobbyists, requiring stricter reporting of lobbying activity, preventing spouses of lawmakers from lobbying the Senate and extending the period a former senator must wait before undertaking lobbying activities to two years. The final text passed by the Senate, however, did not include a provision which would have required disclosure of grass-roots lobbying. Senators voted 55-43 not to include that provision in the bill.

The bill also requires clearer reporting of home state projects, denies pension benefits to those convicted of serious crimes and requires lawmakers to pay the full price fare when traveling on chartered planes. Opponents of the bill complained the measure discouraged free speech by deterring petition drives, but majority leader Sen. Harry Reid (D-NV) called the measure "the most significant legislation in ethics and lobbying reform we've had in the history of this country."



Terror watch list to be culled: TSA official
Law Center | 2007/01/18 01:52

The "no-fly" terrorist watch list now used by the Transportation Security Administration (TSA) is being redrafted and will likely be cut in half, according to testimony given by TSA Administrator Kip Hawley during a Thursday Senate Commerce Committee  hearing. Hawley said that "To assure the accuracy of the No-Fly list itself, we will shortly conclude a case by case review of every name on the No-Fly list" and that the TSA Secure Flight Program, scheduled to come into effect in 2008, will replace current watch list efforts. The Secure Flight Program will transfer the responsibility of checking passenger information against the watch list from the aircraft operator to the TSA itself. Hawley also testified that a 100 percent requirement for physically inspecting all air cargo, as recommended by the 9/11 Commission and passed by the House of Representatives last week, may not be as effective as other security measures.

In October, the Governmental Accountability Office (GAO) reported that erroneous terrorism watch lists slow travel, and a July study by the Department of Homeland Security suggested that the watch list system was inefficient. The US Department of Justice reported last year that the list was missing some names, was based on incomplete and inaccurate information, and mischaracterized the danger posed by nearly 32,000 suspects who are not designated as targets of significant security action.



Court reinstates Quran lawsuit
Law Center | 2007/01/17 11:35

A lawsuit that could determine whether Muslims, Jews and other non-Christians can use the holy texts of their faith to affirm courtroom testimony can move forward, the N.C. Court of Appeals ruled Tuesday.

The decision means the controversy that started three years ago when a Guilford County Muslim was not allowed to use a Quran will likely go to trial.

"I'm just excited that we're going to be back in court," said Syidah Mateen, who sparked the debate. "We got over one hurdle."

State law describes laying one's hand on "Holy Scriptures" to take an oath — and it's that phrase that is at issue. The American Civil Liberties Union of North Carolina argues it is broad enough to include the holy texts of Islam, Judaism and other faiths.

"All we want is people to be allowed to use the holy book of their faith," said Seth Cohen, lead attorney for the ACLU of North Carolina, which initially filed the lawsuit against the state.

Some judges in the state have allowed people to take their oaths on the Quran, but that is rare. State law also allows people to affirm their testimony by raising their right hand without using the Bible.

In August 2003, Mateen asked to take her oath on a Quran in a Guilford County court during a domestic-violence hearing. The 42-year-old Browns Summit woman was told she couldn't because the court didn't have any.

Believing she had the approval of the judge, Mateen shared her experience with other members of Greensboro's Al-Ummil Ummat Islamic Center, which then raised money to buy and donate at least eight Qurans to the Guilford County courts.

But when the Islamic center tried to deliver the holy books in 2005, the offer was rejected by the county's two top judges, who contended that state law only allows for oaths on the Bible.

When the Administrative Office of the Courts did not intervene, the ACLU of North Carolina filed a lawsuit in Wake County Superior Court on behalf of its 8,000 members, some of whom are Jewish and Muslim. Mateen was later added as a plaintiff.

In December 2005, Judge Donald L. Smith tossed the case out, ruling that both the ACLU and Mateen failed to show a legal controversy existed with the state. A three-judge panel of the appeals court disagreed.

"We conclude the complaint is sufficient to entitle both plaintiffs to litigate their claims," Chief Judge John Martin wrote in the unanimous opinion.

Cohen said the ACLU's position is that if the "Holy Scriptures" phrase in state law is not broad enough to include texts other than the Christian Bible, then it is unconstitutional and should be struck down under the First Amendment's establishment clause. But the ACLU thinks there is room under the existing law to include the Hebrew Bible, the Quran and other sacred books.

Noelle Talley, a spokeswoman for the Attorney General's Office, said lawyers with the state were reviewing the appeals court decision and had not yet decided whether to ask the N.C. Supreme Court to take up the matter. The state has 30 days to appeal the decision.

Without an appeal, a trial would likely be several months away, Cohen said.





Pentagon admits spying on citizens within US
Law Center | 2007/01/14 13:20

The CIA and the American military have been accessing the banking and credit records of hundreds of American citizens suspected of ties to terror groups, the New York Times reported Sunday. Since 9/11, the two US government arms have been using little-known provisions of the Right to Financial Privacy Act, the Fair Credit Reporting Act and the National Security Act  to issue a version of a "national security letter" to domestic banks, credit companies, and other financial corporations. The letters request certain financial information but are generally "noncompulsory" as the CIA and the military have no domestic enforcement authority. The FBI has also issued thousands of similar letters since Sept. 11. All three groups claim increased powers to probe the banking records of American citizens under the Patriot Act, passed in the wake of 9/11.

Democrats and civil liberties groups like the ACLU have expressed serious concern over these and other domestic spying techniques, especially as exercised by government agencies focused abroad. The military and the CIA contend that such intelligence is invaluable in finding leads and strengthening other operations. The ACLU has won two suits against the FBI  related to national security letters.



Justice Department Hit With Hiring Freeze
Law Center | 2007/01/13 10:10

Three US Justice Department agencies - the Drug Enforcement Agency (DEA), the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the FBI - are freezing or slowing recruitment efforts largely as a result of a lack of increased funding from Congress' failure to approve requested 2007 budget increases for the Justice Department. The DEA and ATF have said they are freezing the hiring of new employees, even though both agencies anticipate large numbers of unfilled positions this year. The FBI has slowed its hiring but will continue to hire for positions deemed essential. As the agencies await a decision by lawmakers if, and whether, to increase funding, they will continue to operate based on their 2006 budgets. But increased costs across the board, including an imminent increase of the federal minimum wage, make working with last year's budget unreasonable.

The 2006 budget shows that last year the FBI received $5.7 billion in federal funding while the DEA received $2.4 billion. The DEA said it would be unable to sustain employment at its current level if Congress does not allot an additional $95 million, and ATF officials say they need $71 million more in order to maintain its 4,900 employees. Observers say that the failure to approve 2007 budgets for the DOJ agencies could impede efforts to counter both violent crime and terrorism. While other agencies are feeling the burden of the lack of budget approval, Congress has already approved budgets for the military and for homeland security.



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