Frederic J. Frommer

Appeals court won’t rescind sentence of FARC rebel

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WASHINGTON (AP) — An appeals court has upheld the prison sentence of a former high-ranking leftist rebel who pleaded guilty to supporting a foreign terrorist organization.

Nancy Conde Rubio was sentenced in 2010 to 11 ½ years in prison after entering her guilty plea. Prosecutors said she led a finance-and-supply operation for the Revolutionary Armed Forces of Colombia, also known as FARC.

Rubio appealed the sentence soon after, claiming she didn’t enter into the plea knowingly and intelligently because her first language is Spanish.

A three-judge panel of the U.S. Court of Appeals for the District of Columbia unanimously brushed that aside Friday. They noted she received a Spanish translation of the plea and had an interpreter present at the plea and sentencing hearings.

Appeals court won’t release Yemini from Gitmo

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WASHINGTON (AP) — A federal appeals court has upheld a decision not to release a Yemeni detainee from Guantanamo Bay.

The original decision said Mashour Abdullah Muqbel Alsabri was being lawfully detained at the U.S. naval prison in Cuba. U.S. District Judge Ricardo Urbina concluded that Alsabri traveled to Afghanistan to fight with al-Qaida and Taliban forces.

In a decision unsealed this week, a three-judge panel of the U.S. Court of Appeals for the District of Columbia unanimously found “no clear error” in that conclusion.

Alsabri has denied being part of the forces, even though he admitted being associated with members. He also acknowledged being at Taliban front lines in 2001, but said he was there essentially as a tourist and not a fighter.

Pettitte takes stand in Clemens perjury trial

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Pettitte takes stand in Clemens perjury trialFILE - In this Feb. 18, 2008 file photo, then-New York Yankees' baseball pitcher Andy Pettitte answers questions during a news conference in Tampa, Fla. Pettitte has taken the stand in the Roger Clemens perjury trial, where Pettitte is expected to testify against his former teammate. (AP Photo/Julie Jacobson, File)(Credit: AP)

WASHINGTON (AP) — Andy Pettitte took the stand Tuesday in the Roger Clemens perjury trial and described how he grew up admiring the star pitcher he is expected to testify against.

Under questioning from a prosecutor, Pettitte also said that Clemens became a mentor to him when the two were teammates on the New York Yankees.

Pettitte, who is mounting a comeback with the Yankees, is expected to testify that Clemens told him he had used human growth hormone. Clemens has said that Pettitte “misremembers” the conversation. The two were close friends.

Clemens is accused of lying to Congress when he denied in a 2008 deposition and hearing that he had used steroids or HGH.

The trial broke for lunch before Pettitte got to the meat of his testimony. The government used its first questions to try to establish the relationship between the two men.

“We hit it off immediately,” Pettitte said in a slow, Texas drawl.

Pettitte’s testimony came after Clemens’ lawyer plowed ahead with a line of questions challenging the merits of the congressional investigation into drug use among baseball players, despite a judge’s warning that doing so could open the trial to government evidence of widespread use of steroids and human growth hormones in baseball.

Clemens lawyer Rusty Hardin asked how each of the questions that Clemens faced back then, which led to the alleged false statements, could have possibly lead to legislation — one of the justifications for the congressional investigation into drugs in baseball.

In an often combative cross-examination, the government’s first witness, congressional staffer Phil Barnett, told Hardin that the questions and answers could have informed legislation, such as classifying HGH as a controlled substance. Barnett was majority staff director for the House Oversight and Government Reform Committee when that panel held the 2008 hearing. But Barnett said that no legislation was passed as a result of the hearing.

“You personally resented his protestations of innocence, didn’t you?” Hardin asked.

Barnett said resent wasn’t the right word.

Late Monday, U.S. District Judge Reggie Walton said if the Clemens defense team continued its attack on the 2008 congressional hearing, government prosecutors should be allowed to present a “larger picture” of why the hearing took place.

Walton asked the government to show him the kind of information it wants to present. A prosecutor gave a hint at the end of Monday’s session — with the jury out of the room — dropping the names of admitted drug users among major league players, such as Chuck Knoblauch and Jose Canseco. The defense fears this could taint Clemens with guilt-by-association.

Prosecutors said it’s a necessary rebuttal to questions raised by Clemens’ lawyer about the motive for the hearing.

“They can’t have their cake and eat it, too,” prosecutor Steven Durham said. “This simply isn’t fair.”

Prosecutors are using Barnett to try to establish that Congress was within its bounds in holding the hearing two months after Clemens was named in the 2007 Mitchell Report to the Commissioner of Baseball on drug use in the sport. The government has maintained that it was important for Congress to learn whether the report was accurate, in part because of concerns about steroids and HGH as a public health issue.

Hardin has complained that the congressional hearing was “nothing more than a show trial.” Determining whether Clemens was telling the truth when he denied the report’s claims, he said, “is not a legitimate role for Congress.”

Hardin Monday raised the issue of whether Clemens’ testimony at the hearing was truly voluntary — suggesting that Clemens might have been subpoenaed had he not agreed to appear. But Barnett wouldn’t concede that the pitcher would have been subpoenaed had he declined the committee’s invitation; he said such a move was not automatic.

With Barnett on the stand, the government played portions of Clemens’ televised testimony at the February 2008 hearing as well as an audiotape of the deposition that preceded it.

“Let me be clear: I have never used steroids or HGH,” Clemens said confidently in the videotape of the hearing.

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AP Sports Writer Joseph White contributed to this report.

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Follow Fred Frommer at http://twitter.com/ffrommer

Follow Joseph White at http://twitter.com/JGWhiteAP

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Gov’t appeals order to release classified document

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WASHINGTON (AP) — The government has appealed a judge’s order that it must turn over a classified position paper prepared during free-trade negotiations.

It’s rare for a court to order that a classified document be revealed. But in February, U.S. District Judge Richard Roberts ruled there were no plausible or logical explanations to justify the document’s secrecy.

The paper had been prepared during negotiations for a Free Trade Agreement of the Americas, conducted in the 1990s and 2000s, which never resulted in a deal.

The judge sided with the Center for International Environmental Law, which had sought the paper from the U.S. Trade Representative under the Freedom of Information Act.

The Justice Department this week filed a notice that it was appealing the decision.

Judge denies request to release Bin Laden photos

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WASHINGTON (AP) — A federal judge Thursday denied a request to release photos and video taken of Osama bin Laden during and after a raid in which the terrorist leader was killed by U.S. commandos last year.

“The court declines plaintiff’s invitation to substitute its own judgment about the national-security risks inherent in releasing these records for that of the executive-branch officials who determined that they should be classified,” wrote U.S. District Judge James E. Boasberg in rejecting a lawsuit filed by Judicial Watch, a conservative watchdog group.

The group, which had sought the records under the Freedom of Information Act, filed an appeal on Thursday.

Boasberg said that the Defense Department didn’t turn up anything responsive to the FOIA, while the CIA found 52 responsive records. The agency withheld all of them, citing exemptions for classified materials and information specifically exempted by other laws.

Judicial Watch had sued both agencies after they said they would be unable to process the FOIA requests within the time permitted by law. The agencies finished processing the requests after the lawsuit was filed.

“A picture may be worth a thousand words. And perhaps moving pictures bear an even higher value,” wrote Boasberg, an appointee of President Barack Obama. “Yet, in this case, verbal descriptions of the death and burial of Osama Bin Laden will have to suffice, for this court will not order the release of anything more.”

In court papers, the Justice Department had said that the images of the deceased bin Laden are classified and are being withheld from the public to avoid inciting violence against Americans overseas and compromising secret systems and techniques used by the CIA and the military.

John Bennett, director of the CIA’s National Clandestine Service, said in a declaration included in the court papers that many of the photos and video recordings are “quite graphic, as they depict the fatal bullet wound to (bin Laden) and other similarly gruesome images of his corpse.” Images were taken of bin Laden’s body at the Abbottabad compound, where he was killed by a Navy SEAL team, and during his burial at sea from the USS Carl Vinson, Bennett said.

Boasberg said he was “mindful that many members of the public would likely desire to see” the images.

“In the end, while this may not be the result plaintiff or certain members of the public would prefer, the CIA’s explanation of the threat to our national security that the release of these records could cause passes muster,” he wrote.

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Judges seem wary of overruling tobacco judgment

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WASHINGTON (AP) — A bid by tobacco companies to overrule a court judgment that they must do corrective advertising about the dangers of smoking is getting a chilly response from a federal appeals court.

The companies want District Judge Gladys Kessler’s order overturned because a 2009 law gave the Food and Drug Administration authority over the industry, including power to require graphic cigarette warnings. In a Justice Department lawsuit, Kessler ruled in 2006 that America’s largest cigarette makers concealed the dangers of smoking for decades.

The tobacco companies argue the 2009 law prevents them from making fraudulent statements. They say that negates the need for “corrective statements” Kessler ordered.

But Judge David Sentelle noted Friday that in a separate case the industry is challenging the constitutionality of the very law the companies cite.

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