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Court criticizes govt evidence in Guantanamo hearing
Political and Legal | 2008/07/01 07:53
A US federal appeals court has overturned the designation of a Muslim from western China as an enemy combatant and sharply criticized the government's evidence against him, court documents showed Monday. In an opinion issued June 20 and declassified Monday, the three-judge panel condemned the government for relying on questionable evidence against Huzaifa Parhat, who has been held at the Guantanamo Bay detention camp, Cuba, for six years.

The ruling, thought to be the first successful appeal of a detainee's designation as an enemy combatant, ordered the government to release, transfer or hold a new military tribunal hearing for Parhat.

Parhat, a member of China's Muslim Uighur minority, claimed to have fled China in 2001 to an Uighur camp in Afghanistan. The camp was destroyed during US air strikes against the Taliban in October 2001, and he fled again to Pakistan.

It was there that Parhat was handed over to US authorities and in June 2002 was transferred to Guantanamo, where he remains.

A military tribunal assessed Parhat's status in 2004 and, while finding he had not engaged in hostilities against the United States or its allies, ruled he was an enemy combatant because he had lived at the Afghan camp.

The camp was run by the leader of an Uighur independence group, known as the East Turkistan Islamic Movement (ETIM), which was allegedly "associated" with the Taliban and Al Qaeda, court documents show.

The main evidence against Parhat consisted of four government intelligence documents which described activities and relationships that had "reportedly" occurred, were "said to" or "suspected" of having taken place. The court said these assertions could not be verified.

The 39-page opinion also noted the government had suggested that "several of the assertions in the intelligence documents are reliable because they are made in at least three different documents."

It cited Lewis Carroll's "The Hunting of the Snark," where a character absurdly declares: "I have said it thrice: what I tell you three times is true," and said it had no reason to suggest the documents were not all based on the same source.

The opinion also noted that Parhat had made a "credible argument that ... the common source is the Chinese government, which may be less than objective with respect to the Uighurs," who allege oppression by Beijing.

In addition, the court rejected the government's assertion that statements made in the documents "are reliable because the State and Defense Departments would not have put them in intelligence documents were that not the case."

"This comes perilously close to suggesting that whatever the government says must be treated as true," the panel said, which would negate any need for a military tribunal or judicial review of tribunal decisions.

The Justice Department was quoted by the Washington Post as saying that "we are evaluating our options" following the ruling.



Beshear's former law firm to represent him
Political and Legal | 2008/06/03 06:02
Gov. Steve Beshear has turned to his former law firm of Stites & Harbison to represent him and the governor's office in the lawsuit brought by Senate President David Williams over road funding.

After deciding to outsource his legal representation, Beshear tasked his general counsel, Ellen Hesen, with spearheading the bidding process that included "several" firms.

He dismissed a notion that hiring his former employer could give a perception that he played favorites.

"If there is, there is," he said. "I wanted to get who I considered to be the best lawyers to represent me on such an important issue."

Williams, a Republican from Burkesville, filed the suit last month because he said Beshear improperly vetoed a bill outlining how road funds could be spent.

Steve Robertson, chairman of the Kentucky Republican Party, said Beshear's hiring his former firm looks as if he's helping out his friends and former bosses.

"Beshear's mantra during the campaign was 'taking care of our own,' and it's clear that he's at least making good on that promise," Robertson said.

Beshear told reporters that Stites & Harbison emerged as the top choice "because of their experience and their expertise."



Supreme Court sides with Ala. governor
Political and Legal | 2008/05/27 03:45
The Supreme Court has ruled for Alabama's governor in a dispute over his attempt to fill a county commission vacancy with a fellow Republican appointee.

In a 7-2 ruling, Justice Ruth Bader Ginsburg says Gov. Bob Riley did not need advance approval from the federal government to fill the vacancy.

The case involves a provision of the Voting Rights Act of 1965 that requires Alabama and several other states — most of them in the South — to get federal approval before changing election procedures that affect minority voters.

Ginsburg says the issue in this case is a narrow one that does not have broader application to voting rights disputes.



McCain castigates Obama on judges
Political and Legal | 2008/05/07 02:58
Republican John McCain criticized Democratic rival Barack Obama for voting against John Roberts as U.S. chief justice, reaching out to the Christian right on one of their chief concerns: the proper role of judges in government.

Conservatives contend that federal judges have upset the constitutional balance of power among the courts, the Congress and the presidency by making far-reaching decisions, such as one in 2005 that let cities seize people's homes to make way for shopping malls.

"My nominees will understand that there are clear limits to the scope of judicial power, and clear limits to the scope of federal power," McCain said Tuesday in a speech at Wake Forest University.

McCain, the eventual GOP nominee, promised to appoint judges in the mold of Roberts and Supreme Court Justice Samuel Alito, saying they would interpret the law strictly to curb the scope of their rulings. While McCain didn't mention abortion, the far right understands that such nominees would be likely to limit or perhaps overturn the Roe v. Wade decision that legalized abortion.

Obama, on the other hand, voted against Roberts and Alito. So did Obama's rival, Hillary Rodham Clinton, but McCain focused on Obama.



Obama, Clinton court working families
Political and Legal | 2008/05/01 09:26
Barack Obama teamed up with wife Michelle on Wednesday to court working families with a little kitchen table conversation about tax cuts. Rival Hillary Rodham Clinton hitched a ride in a pickup truck to a gas pump to illustrate the pain inflicted on ordinary families by skyrocketing prices.

Clinton was underscoring her call for a summer-long hiatus on collecting the federal gas tax by pulling into an Indianapolis gas station with sheet metal worker Jason Wilfing, 33, who pumped regular unleaded.

"Sixty-three dollars for just about half a tank," exclaimed Clinton.

Wilfing told Clinton that the high price of gas means his family won't be able to take an annual summer trip to Lake Michigan.

The Obamas headed to suburban Beech Grove, where they had lunch and chatted with Mike and Cheryl Fischer, hearing their stories of struggle. He's a machinist at a local Amtrak facility where 77 jobs are threatened this summer.

"They say it's not personal," Fischer said. "Yes, it is very personal."

Their tactics were different, but the goal for both Democratic presidential candidates was to connect with blue-collar workers who will play a key role in primaries Tuesday in Indiana and North Carolina. In addition to a frenetic campaign schedule, Obama is running about $2.8 million in ads in Indiana and about $2.5 million in North Carolina, oupacing Clinton's spending by about 2-to-1 in each state.

Clinton began airing new ads in the states this week. One that is running in both states points out that she has called for a freeze in foreclosures and a summer-long suspension of the gasoline tax and that Obama has opposed both steps. She also is airing an ad in North Carolina featuring noted poet Maya Angelou and one in Indiana that invokes the memory of her parents and growing up in Illinois.

Obama on Wednesday responded to Clinton's housing and gasoline price ad with a 60-second spot airing in both states. In the ad, Obama likens the benefits of a gas tax suspension to "half a tank of gas." Another ad in North Carolina focuses on education and urges parents to turn off the television set and read to their children.



White House challenges release of visitor logs
Political and Legal | 2008/04/22 09:54
A federal appeals court sought compromise Monday between a liberal group demanding the names of White House visitors and the Bush administration, which says releasing the names would erode the president's power.

If released, the documents would show how often prominent religious conservatives visited the White House and Vice President Dick Cheney's residence, allowing a glimpse into how much influence they exerted on government policy.

White House calendars are not generally considered public records, but reporters and watchdog groups have used Secret Service documents, which normally are public, to report on White House visitors.

Rather than having those documents released on a case-by-casis basis, the Bush administration wants them considered White House documents, which would keep them from public view for more than a decade.

A federal judge rejected White House arguments in December and ordered the documents released. On appeal before the U.S. Court of Appeals for the District of Columbia Circuit, government attorneys said the president has a well-established right to seek advice privately.

Releasing lists of visitors would trample on that right, said Justice Department lawyer Jonathan F. Cohn, and the logs should be treated like other White House documents.

The judges were skeptical. They said they wanted to find a way to protect the president's rights without broadly prohibiting access to information that should be public.

"What in the documents are so quintessentially presidential?" asked Judge David S. Tatel.

"The name of the person going in to visit," Cohn replied.

"That's a public building," Tatel said. "You can stand out on 17th Street and watch who goes in and out."

"The Secret Service might have some qualms with that," Cohn responded.

"They might have some qualms but they couldn't stop you from doing it," said Chief Judge David B. Sentelle.

Rather than balancing the president's interest with the public's, Tatel said, the government was simply disregarding the Freedom of Information Act. He said the policy would allow the president to "draw a curtain around the White House."

Judge Merrick B. Garland said he was concerned the Bush administration's policy could extend to other White House agencies such as the budget office, which normally releases public records. Under the government's theory, Garland said, visits to the White House social planner, caterer and gardener would all be secret because the president needs to receive advice privately.

The judges seemed equally dissatisfied with the argument of Citizens for Responsibility and Ethics in Washington, the group seeking the documents. Sentelle and Tatel said the group was using the Secret Service as an end-run, a way to get documents that normally would not be public.

"I think Congress would be surprised that, by requiring the president to receive Secret Service protection, it was opening up his calendars," Tatel said.

Sentelle became frustrated and at one point put his head in his hands after pressing attorney Anne L. Weissman to acknowledge that the president must be allowed to seek advice privately. He repeatedly urged her to explain how to balance the two interests.

"I don't understand what you don't understand," Sentelle said. "You're not acknowledging the separation-of-powers problem."

The judges pressed both sides to offer a compromise that would strike the right balance. Government lawyers said they couldn't discern from the logs which meetings were presidential policy meetings and which ones might not be sensitive, such as a meeting with the White House gardener. Weissman bristled at the idea that the government's only solution was blanket secrecy.

"I haven't heard from you a counter-suggestion," Tatel told Weissman. "We've never had a case like this."

Garland seemed to search for a solution short of the government's blanket secrecy but that would not allow journalists and special-interest groups to regularly request the names of every visitor to the White House. Under that scenario, he said., the president could never ensure that any meeting was confidential, he said.

The court did not immediately rule on the case.


Paulson Urges Tighter Mortgage Oversight
Political and Legal | 2008/03/13 06:27
Treasury Secretary Henry Paulson said Thursday that a presidential working group wants stronger regulatory oversight of mortgage lenders to avert the kind of credit crisis that is dragging the economy down.

In a new Bush administration initiative that Paulson said is not about "finding excuses and scapegoats," a presidential working group set up in the wake of the 1987 stock market crash is calling for a series of actions designed to avert the kind of chilling housing and credit crunches that are threatening to throw the nation into recession — if it isn't there already.

"The objective here is to get the balance right — regulation needs to catch up with innovation and help restore investor confidence but not go so far as to create new problems, make our markets less efficient or cut off credit to those who need it," said Paulson, who heads the working group.

One recommendation calls for federal and state regulators to strengthen oversight of mortgage lenders and another urges state financial regulators to implement strong nationwide licensing standards for mortgage brokers, according to the group's report, released Thursday.



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