Iraq is demanding the right to launch its own prosecution of the guards.

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Mr Napier raised a number of issues regarding the order's homes, the right to reply and the possibility of undermining a criminal prosecution.

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His conclusion: Finally, after four years, we're getting the prosecution of this war right.

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"There's not a United States attorney in the country that won't accept one of these cases for prosecution right now, " he said.

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Chris Grayling, the new justice secretary, emphasised the right for householders to defend themselves fiercely against intruders without fear of prosecution.

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The new bill would abolish the prosecution's right to appeal against acquittals by the court of first instance.

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The First Amendment claim was similarly an argument that his right to freedom of association was unconstitutionally infringed by virtue of the threat of criminal prosecution for mere non-criminal membership.

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The Law Commission has also recommended that the prosecution should have the right to appeal against acquittals made on the direction of a judge.

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