Bush: 'US Must Not Let Down Its Guard'

Topics in Legal News 2008/03/07 01:00   Bookmark and Share
President Bush said Thursday that while it's been more than six years since the Sept. 11 attacks, the United States must not become complacent about terrorism.

In a speech marking the fifth anniversary of the creation of the Department of Homeland Security, Bush said U.S. officials have helped foil numerous planned attacks, including a plot to fly an airplane into the tallest building on the West Coast and another to blow up trans-Atlantic passenger jets.

"The enemy remains active — deadly in its intent — and in the face of this danger, the United States must never let down its guard," Bush said.

Bush continued to pressure the House to act on Senate-passed legislation needed to renew an intelligence law that governs how the government can eavesdrop on suspected terrorists. The law expired Feb. 16 and the House and Senate have yet to reconcile different versions of a new intelligence bill.

top

US lawmaker fears open-ended US military pact in Iraq

Headline Legal News 2008/03/06 12:48   Bookmark and Share

A top lawmaker voiced fears Tuesday that US President George Bush's administration was negotiating deals with Iraq that would amount to an open-ended commitment to stage US combat missions there.

Administration officials say formal US-Iraqi negotiations will begin later this month on a legal framework aimed at keeping security policy options open for both countries beyond 2008, when the UN mandate for US forces ends.

David Satterfield, the State Department's coordinator for Iraq, told a joint meeting of two congressional subcommittees Tuesday that "the agreements will not tie the hands of the next president or indeed this president.

"They will ensure that every policy option remains on the table," Satterfield told the lawmaking panels. "The size of the US presence in Iraq, the missions to be performed by such forces if forces are present, are decisions for the president and the next president to make," he added.

The so-called Strategic Framework and the Status of Forces Agreement (SOFA), he insisted, "will not include a binding commitment to defend Iraq or any other security commitments that would warrant Senate advice and consent.

top

Court of Appeals weighs scope of extortion law

Court Watch 2008/03/06 11:26   Bookmark and Share

A lawyer for the state came under sharp attack from several Court of Appeals judges when he urged them to reinstate the extortion conviction of a man who sent expletive-laden letters to a former boss and his attorney, threatening to sue them unless they paid him $100,000.

Assistant Attorney General Brian S. Kleinbord said Scott L. Rendelman’s letters constituted extortion because the grounds for his threatened lawsuit were “baseless” and the written messages were a “threat to obtain something of value to which [he] is not otherwise entitled.”

A Montgomery County jury had convicted Rendelman of trying to extort money from William Elmhirst and attorney Kevin P. Fay, but the Court of Special Appeals threw out the conviction, saying that a threat to sue, unlike a threat of bodily harm, is not evidence of extortion.

Three of the seven judges hearing the matter on Thursday — retired Judges Alan M. Wilner, Lawrence F. Rodowsky and Dale R. Cathell — echoed that reasoning.

Click to download the Webcast of the State of Maryland v. Scott L. Rendelman

Extending the crime of extortion to include threats of litigation might discourage individuals and their lawyers from validly informing an opponent that they might file suit, lest they find themselves in criminal court, the judges said.

By contrast, all seven were largely silent as Rendelman’s lawyer, Karen C. Daly of Washington, said prosecutors go too far when they charge with extortion a person proclaiming his or her legal right to sue – even if vulgarly expressed.

top

Judge Wants to Resolve Indian Lands Case

Topics in Legal News 2008/03/06 09:59   Bookmark and Share
A federal judge says he wants to resolve a 12-year lawsuit over government mismanagement of Indian lands this June.

In a decision last month, U.S. District Judge James Robertson said government accounting for billions of dollars owed to Indian landholders has been "unreasonably delayed" and is ultimately impossible.

At the same time, Robertson said the task is not hopeless, and he asked lawyers for both sides to lay out their cases again at a status hearing on Wednesday.

The June trial "is meant to bring this matter to a conclusion," Robertson said.

The suit, first filed in 1996 by Blackfeet Indian Elouise Cobell, claims the government has mismanaged more than $100 billion in royalties held in trust from Indian lands dating back to 1887.

top

Team New Zealand take Swiss champions to court

Headline Legal News 2008/03/06 08:58   Bookmark and Share
The New Zealand syndicate for the next America's Cup race said Thursday it is seeking "tens of millions of euros" in compensation from Swiss champions Alinghi over the event's postponement.

Team New Zealand said it had filed a case with a New York court claiming damages for breach of contract arising from an agreement covering its entry for the 33rd edition of yachting's showpiece event.

The agreement included an "understanding entered into by (Alinghi boss) Ernesto Bertarelli that the America's Cup would go ahead in 2009," it said in a statement.

"It's now probable we might not see a normal regatta until 2011," Team New Zealand's managing director Grant Dalton said in the statement.

The statement did not indicate the amount of damages it was seeking. But Dalton told AFP in a telephone interview from New York that it would be "tens of millions of euros."

"We have a duty to protect the investment in the team over many years by a wide range of loyal supporters," Dalton said.

"We also have an obligation to honour the trust shown by the hundreds of thousands of New Zealanders who have supported the team through the years."

Alinghi retained the America's Cup by beating Team New Zealand in a hugely successful event in the Spanish port of Valencia in July.

But the 33rd edition of the race was indefinitely postponed because of a legal dispute between Alinghi and US syndicate Oracle over the rules.

Team New Zealand said it has also filed a second case in a Federal Court under US anti-trust laws.

That suit claims Alinghi "has acted to stifle competition for the Cup and for the right that goes with it of conducting future events" by accepting the Spanish syndicate Desafio as its challenger of record, "thereby enabling it to impose rules for the next event that were competely one-sided."

Oracle last July filed a lawsuit in the US against Alinghi's decision to name Desafio as its official challenger of record, which gave it the right to negotiate the format of the America's Cup with the Swiss syndicate.

In November, a New York court ruled in favour of Oracle and said the US team should be Alinghi's challenger of record.

"Bertarelli had the chance to accept a reasonable proposal from Oracle, which was also signed by the majority of the challengers, and which would have allowed the America's Cup to be held in 2009," Dalton said. "He would not do so."

Alinghi said it was "disappointed" by the action by Team New Zealand, "given their previous public acceptance and commitment to the competition.

"These actions are totally without merit, wildly miss the target and will be defended rigorously," Lucien Masmejan, Alinghi's legal counsel, said in a statement.

"We share the sailing community's frustration in the delays affecting the America's Cup but Alinghi, as trustee, is duty bound to defend its position in the current legal action and to preserve the integrity of the America's Cup."

The format of the 33rd America's Cup challenge is still subject to an imminent ruling by the New York court, with a multihull duel between Alinghi and Oracle seen as the most likely outcome, rather than a regatta involving several teams.

The two teams have begun training in catamarans in Valencia in preparation for such an event.

"The delay in staging the next America's Cup is harming every challenging syndicate as they have to stretch budgets for a two-year campaign over three or perhaps four years," Dalton said.

top

High Profile Local Law Firms Merge

Legal Interview 2008/03/06 06:59   Bookmark and Share
The San Diego law firm of Steigerwalt & Associates merged Wednesday with the Pacific Law Center, creating a new entity specializing in personal injury, bankruptcy and criminal defense litigation.

The new firm -- called Kerry Steigerwalt's Pacific Law Center -- will have 30 attorneys working out of offices in downtown San Diego, La Jolla, Escondido and Chula Vista, Steigerwalt said.

He said the company will provide effective and affordable representation for the average person who becomes involved in litigation, offering the services of experienced lawyers who have handled thousands of matters ranging from death penalty cases to traffic offenses.

Steigerwalt stressed KSPLC's commitment to offering experienced and effective legal services at affordable rates, including free initial consultations.

"The very rich can afford whatever lawyers they choose," Steigerwalt said. "The poor are provided lawyers at public expense. The big gap in legal representation involves the average citizen who becomes involved with litigation and doesn't know where to turn. We're here to provide them that same access to justice."

Among Steigerwalt's high profile clients in the past has been Sam Sulieman, the man who assaulted FOX6 Investigative Reporter John Mattes.

http://www.fox6.com/mediacenter/local.aspx?videoID=332641
top









Disclaimer: Nothing posted on this blog is intended, nor should be construed, as legal advice. Blog postings and hosted comments are available for general educational purposes only and should not be used to assess a specific legal situation. Nothing submitted as a comment is confidential. Nor does any comment on a blog post create an attorney-client relationship. The presence of hyperlinks to other third-party websites does not imply that the firm endorses those websites.

Affordable Law Firm Website Design