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Judges affirm rulings in Iraq name-selling case

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The 7th Circuit Court of Appeals upheld the District Court's decisions in the appeals by the central Indiana man who tried to sell the names of CIA agents working covertly in Iraq shortly before the U.S. invaded the country in 2003.

The Circuit Court consolidated six appeals of Shaaban Hafiz Ahmad Ali Shaaban's post-judgment motions following his convictions in 2006 on six counts, including conspiracy and violating the Iraqi Sanctions under the International Emergency Economic Powers Act. Shaaban traveled to Iraq in late 2002 where he offered to sell the names of U.S. intelligence agents to the country for $3 million dollars, as well as broadcasted messages of support for the Iraqi government on Iraqi media stations that encouraged Iraqis and others to forcibly resist the U.S. He was sentenced to 160 months in prison.

The Circuit Court decided only two of Shaaban's appeals merited discussion. In United States of America v. Shaaban Hafiz Ahmad Ali Shaaban, Nos. 08-4124, 08-4278, 09-1206, 09-1330, 09-2251, and 09-2277, the judges found the District Court didn't abuse its discretion when it denied Shaaban's motion for a new trial based on newly discovered evidence. They agreed with the lower court's reasoning that the evidence was known to Shaaban or readily ascertainable before trial, was needlessly cumulative, or was unlikely to lead to acquittal in a new trial.

The judges also considered Shaaban's appeal of the adverse ruling on a motion to reconsider the denial of his demand for the return of seized property. In October 2008, the District Court issued an order that said if Shaaban wanted to pursue the return of his property, he would have to file a new civil action and pay the filing fee or request leave to proceed in forma pauperis. In December 2008, he moved for reconsideration of that decision because he said he couldn't afford the filing fee.

Shaaban argued that the District Court erred in requiring him to start all over and file a new civil action. The judges noted Shaaban would have a point if he had appealed the October order instead of the December order.

"Further still, although the district court may have erroneously required him to start over with a new civil complaint, nothing is really lost because he can still do just that," stated the per curiam opinion. "Shaaban - whose criminal proceeding in the district court closed in January 2006 - has six years from the close of his criminal proceedings to initiate an action for return of his property."

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  1. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  2. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

  3. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

  4. Seventh Circuit Court Judge Diane Wood has stated in “The Rule of Law in Times of Stress” (2003), “that neither laws nor the procedures used to create or implement them should be secret; and . . . the laws must not be arbitrary.” According to the American Bar Association, Wood’s quote drives home this point: The rule of law also requires that people can expect predictable results from the legal system; this is what Judge Wood implies when she says that “the laws must not be arbitrary.” Predictable results mean that people who act in the same way can expect the law to treat them in the same way. If similar actions do not produce similar legal outcomes, people cannot use the law to guide their actions, and a “rule of law” does not exist.

  5. Linda, I sure hope you are not seeking a law license, for such eighteenth century sentiments could result in your denial in some jurisdictions minting attorneys for our tolerant and inclusive profession.

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