02/04/12: The Miami Herald reports that the Army on Friday dropped all charges against the fifth soldier it had accused of killing Afghan civilians for sport during a 2010 deployment. Specialist Michael Wagnon, 31, of Las Vegas, had been charged with the unlawful killing of one Afghan civilian in February 2010. He was expected to go on trial in March. In a statement, Joint Base Lewis-McChord said the charges were dismissed "in the interest of justice." According to Wagnon's attorney, preparations for the impending trial "just kept developing the evidence of Michael's innocence until it just became overwhelming."
Continue reading "Charges dropped against soldier in Afghan deaths" »
02/04/12: WIRED reports that WikiLeaks suspect Bradley Manning is headed for a general court-martial, according to the commander of the US Army Military District of Washington in an announcement released late Friday. Major General Michael Linnington, the general convening authority for the district, made the determination that Manning will face all 22 charges leveled against him. The most serious charge — aiding the enemy — carries a possible death penalty. Prosecutors have said they will not seek the death penalty. Instead, Manning faces life in prison if convicted of all the charges.
Continue reading "Bradley Manning to face all charges in court-martial" »
02/04/12: NPR reports that a request for a delay in the September 11 case at Guantanamo has been denied. Two lawyers close to the proceedings tell NPR that a military judge denied their request to delay the arraignment of the September 11 suspects at Guantanamo until the summer. The lawyers were asking for more time to file memos on why Khalid Sheikh Mohammed and his alleged co-conspirators should not be tried in a capital case and be eligible for the death penalty. The 9/11 suspects are expected to be arraigned before a military commission as early as April.
Continue reading "Military Judge denies request to delay 9/11 case at Guantanamo" »
02/03/12: The Chicago Tribune reports that an Uzbekistan refugee accused of helping a foreign terrorist organization is denying the allegations. Speaking through a Russian interpreter, Jamshid Muhtorov told a federal judge in Denver Thursday, “I swear to Allah I never did anything like that.” Muhtorov, who lives in the Denver suburb of Aurora, was arrested at a Chicago airport on Jan. 21. The 35-year-old is accused of providing material support and attempting to provide material support to the Islamic Jihad Union. The State Department has designated the group as a foreign terrorist organization.
Continue reading "Uzbek refugee arrested at O'Hare denies helping terror group" »
02/01/12: The Miami Herald reports that Guantánamo defense lawyers for an alleged al Qaida bomber asked an Army judge on Tuesday to order Yemeni President Ali Abdullah Saleh to undergo war court questioning at a New York hospital. Navy Lieutenant Commander Stephen Reyes wouldn’t say what he wants to ask the former Yemeni strongman on behalf of Abd al Rahim al Nashiri, who faces a death penalty trial at Guantánamo next year. He did said he believed the chief military commissions judge could issue a subpoena that “would compel the Yemeni president to be deposed” — despite a US State Department declaration that the 69-year-old Yemeni would receive diplomatic immunity as head of state.
Continue reading "Alleged bomber's lawyer wants to question Yemeni President" »
02/01/12: The Helena Independent Record reports that an American Muslim group appealed Tuesday to Iran's supreme leader to show clemency for an ex-US military translator with dual citizenship condemned to death on accusations of being a CIA spy. A letter Tuesday from the Council on American-Islamic Relations asks Ayatollah Ali Khamenei to spare the life of Amir Hekmati.
Continue reading "US Muslims seek clemency for condemned US-Iranian " »
02/01/12: The New York Times reports that a group of four Islamic militants, all of them British citizens, admitted involvement on Wednesday in a conspiracy inspired by Al Qaeda to place a bomb in the toilets of the London Stock Exchange, part of a plot that, prosecutors said, was foiled after undercover counterterrorism officers tailed them as they surveyed London tourist attractions. The four were among a group of nine men who had been set to plead not guilty to terrorism charges but changed their plea to guilty when they learned of the likely sentences, Britain’s Press Association news agency reported.
Continue reading "Militants admit to plan to bomb London Stock Exchange" »
01/31/12: The Huffington Post reports that two former Libyan detainees, Sami Al Saadi and Abdel Hakim Belhadj, at the center of claims that British spies were involved in rendition and torture, are launching legal proceedings against the former director of counter-terrorism at MI6. The two men claim that evidence of the UK's role in the couple's rendition is detailed in a number of documents held by the Libyan security services, which came to light after the fall of Colonel Muammar Gaddafi's regime.
Continue reading "Libyan detainees sue former MI6 chief over their rendition" »
01/30/12: Reuters reports that a Norwegian of Chinese Muslim origin with alleged links to al Qaeda was convicted on Monday of plotting to blow up a Danish newspaper that had printed cartoons of Islam's Prophet Mohammad, and was sentenced to seven years in prison. Mikael Davud, who was accused of leading a bomb plot, had admitted he intended some day to attack Chinese interests like the Chinese embassy in Oslo but he was charged only with plotting to bomb the Danish newspaper. Prosecutors had earlier recommended an 11-year prison sentence for Davud.
Continue reading "Norway court convicts men in al Qaeda-linked bomb plot" »
01/29/12: The New York Times reports that tens of thousands of Americans are tracking cars with little oversight, for purposes as seemingly benign as tracking an elderly parent with dementia or a risky teenage driver, or as legally and ethically charged as spying on a spouse or an employee — or for outright criminal stalking. Last Monday’s Supreme Court decision held that law enforcement placement of a GPS tracker on a vehicle constitutes a search under the Fourth Amendment. But sales of GPS trackers to employers and individuals, for a multitude of largely unregulated uses, are growing fast, raising new questions about privacy and a legal system that has not kept pace with technology.
Continue reading "Private snoops find GPS legal trail to follow" »
01/27/12: The Investigative Project on Terrorism reports that a Maryland man pleaded guilty Thursday to attempting to blow up an Army recruiting center near Baltimore. Antonio Martinez, a Muslim convert who also goes by Muhammad Hussain, was arrested on December 8, 2010, in an FBI sting after he tried to detonate a car bomb at the Armed Forces recruiting station in Catonsville, Maryland. The bomb, supplied by federal agents, was inert.
Continue reading "Maryland man pleads guilty to plotting attack on military recruiting center" »
01/27/12: The Blog of Legal Times reports that the US Justice Department has asked a federal judge to keep secret photos showing the death of Osama bin Laden, saying the images are classified because of their potential to incite violence against the United States. The department filed court papers this week in a FOIA suit in Washington asking US District Judge James Boasberg to keep the photos out of the public domain. The DOJ asserts the photos reveal specific military and intelligence activities, methods and techniques.
Continue reading "DOJ defends keeping Bin Laden death photos secret" »
01/27/12: The San Francisco Chronicle reports that an ex-Marine from Virginia pleaded guilty Thursday and has agreed to serve a 25-year prison sentence on charges that he fired a series of overnight pot shots in 2010 at the Pentagon, the Marine Corps museum in Quantico and other military targets as part of what prosecutors called a campaign to strike fear throughout the region. Prosecutors revealed that Yonathan Melaku’s intended next target was Arlington National Cemetery, where he was arrested before he was able to carry out a plan to deface gravestones there.
Continue reading "Accused Pentagon shooter Melaku pleads guilty" »
01/26/12: The Centre Daily Times reports that the United States and Israel plotted the killing of Egyptian protesters during last year's 18-day uprising that toppled longtime leader Hosni Mubarak, a lawyer for his former interior minister claimed Thursday. Lawyer Mohammed el-Gendi also accused security guards at the American University in Cairo of opening fire on protesters. The university's historical main building borders Tahrir Square, which was the focus of the anti-Mubarak revolt.
Continue reading "Mubarak’s lawyer contends US and Israel plotted shooting of protesters" »
01/26/12: The Seattle Post Intelligencer reports that about 300 Cambodians working at the UN-backed Khmer Rouge tribunal will not be paid this month — and some have worked without pay since October — because funds from donor countries have dried up. International staff are paid by the United Nations and will continue to receive salaries. The salaries of local staff, however, are funded by contributions from donor countries, said Huy Vannak, a tribunal spokesman.
Continue reading "Khmer Rouge tribunal halts salaries for Cambodians" »
01/26/12: The Albany Times Union reports that judge gave federal prosecutors until a week from Wednesday to give up the name of a witness they say was recruited for a chilling, al-Qaida-sanctioned plot for suicide bombers to attack the New York City subways with explosives made from beauty supplies. Lawyers for alleged plotter Adis Madunjanin had demanded to know the identity of the man, referred to only as John Doe in court papers, before Madunjanin goes to trial later this year.
Continue reading "Prosecutors ordered to identify NYC terror witness" »
01/24/12: The ABA Journal reports that in a move decried by the American Civil Liberties Union as a sad day for the rule of law, a federal appeals court upheld a lower court's ruling that an American citizen who claimed he was illegally detained and tortured at a US military jail in South Carolina cannot turn to the legal system for redress. Because he was designated an "enemy combatant" by the military, Jose Padilla's treatment falls outside the scope of government conduct that tort litigation is intended to address, held the 4th US Circuit Court of Appeals as it affirmed a trial court's dismissal of the case.
Continue reading "4th Circuit denies damages suit for alleged torture suffered by ‘enemy combatant’ Jose Padilla" »
01/21/12: ABC News reports that a Swedish court has acquitted three men accused of plotting to murder an artist who depicted the Prophet Muhammad as a dog. In Friday's ruling, the Goteborg district court said the defendants lied about why they visited an art gallery where Lars Vilks was expected to make an appearance, and were armed with knives, but it hadn't been proved that they intended to kill him. The ruling was expected as the three men — of Somali and Iraqi origin — had been released pending the decision.
Continue reading "Three acquitted of murder plot against Swedish artist" »
01/19/12: The Atlanta Journal Constitution reports that the Somali ambassador to the United Nations said Wednesday that a man from his country charged with piracy should be tried in Somalia instead of the Virginia courtroom where he's being prosecuted. Ambassador Elmi Ahmed Duale had been subpoenaed to testify at an evidentiary hearing in the case, but invoked diplomatic immunity to avoid attending. He told The Associated Press in a phone interview that there's a system in place in his country for trying pirates, and dozens have been imprisoned.
Continue reading "Somali ambassador contends accused pirate should be tried in Somalia" »
01/19/12: The Minneapolis Star Tribune reports that a German court says the verdict in the case of an alleged Islamic extremist who has admitted killing two US airmen at Frankfurt Airport last year is again being delayed to hear more evidence. At issue are allegations that suspect Arid Uka, a 21-year-old ethnic Albanian from Kosovo, was seen in 2010 in an Islamic fundamentalist prayer room in the Bosnian city of Zenica. A federal investigator cast doubt on that claim, however, testifying there was no evidence that he had crossed the border into Bosnia.
Continue reading "Verdict postponed in Frankfurt airport shooting" »
01/17/12: CNN reports that the United Kingdom cannot deport a radical cleric linked to al Qaeda to Jordan because evidence obtained by torture could be used against him there, the European Court of Human Rights ruled in a landmark case Tuesday. Abu Qatada has been fighting to remain in the United Kingdom since he was first arrested under anti-terrorism legislation nearly a decade ago. He would be "at real risk of ill-treatment or a grossly unfair trial if deported to Jordan, where he is wanted on terrorism charges," the court said in a statement announcing the ruling.
Continue reading "European Court rules UK cannot deport radical cleric" »
01/16/12: The Boston Globe reports that the trial against Rwanda's top opposition leader Victoire Ingabire has been postponed again, until February 13. Ingabire's lawyer, Iain Edwards, described the delay as frustrating. The court case began last September. The prosecution says that piles of documents retrieved from Holland that serve as state's evidence still need to be translated. Rwanda accuses Ingabire of supporting rebel activities in Rwanda and Congo. Ingabire has maintained her innocence against charges of genocide denial and ethnic divisionism.
Continue reading "Rwanda trial against opposition politician delayed" »
01/13/12: The Miami Herald reports that an FBI agent testified Thursday that she deleted potentially sensitive emails covering several months when she was helping spearhead an investigation of a terror suspect. Defense attorneys have sought to examine FBI emails to see if they reveal agents skirted interrogation rules in the case of Mohamed Ibrahim Ahmed, an Eritrean man charged in Manhattan federal court with supporting terrorism. Ahmed's lawyers have asked US District Judge P. Kevin Castel to bar statements made by Ahmed while he was detained in Nigeria in 2009 before being turned over to US authorities.
Continue reading "FBI agent admits deleting emails amid terror probe" »
Opinion: Privacy, technology and law
01/29/12: The New York Times features an opinion piece by Barry Friedman. Everyday, Friedman contends, those of us who live in the digital world give little bits of ourselves away. On Facebook and LinkedIn. To servers that store our e-mail, Google searches, online banking and shopping records. Does the fact that so many of us live our lives online mean we have given the government wide-open access to all that information? Friedman argues that the Supreme Court’s decision last week in United States v. Jones presents the disturbing possibility that the answer is yes.
January 29, 2012 at 10:06 AM in Judiciary / Cases, Surveillance / Privacy, Commentary / Opinion | Permalink