Archive for the 'Congress' Category



America’s Broken Criminal Justice System

Submitted by: Mike Spindell, guest blogger

200px-JMR-Memphis1While I’m not a lawyer, I do write for this legal blog by the invitation of its creator Jonathan Turley. I first arrived on the scene here many years ago because since the age of ten I have had been interested in the nature of the broad spectrum of civil rights issues faced by this country. My interest became an obsession at the age of ten. My parents, who were quite liberal, allowed me to stay up way past my bedtime to watch Ed Murrow bravely attack Sen. Joseph McCarthy for his Communist Witch Hunt, by documenting the anti-constitutional excesses he used to destroy people’s lives and careers. Months later they kept me home from school to watch the Army/McCarthy Hearings which directly led to McCarthy’s downfall. On our twelve inch, black and white TV I watched this famous scene:

“On June 9, 1954, the 30th day of the Army–McCarthy hearings, McCarthy accused Fred Fisher, one of the junior attorneys at Welch’s law firm, of associating while in law school with the National Lawyers Guild (NLG), a group which J. Edgar Hoover sought to have the U.S. Attorney General designate as a Communist front organization. Welch had privately discussed the matter with Fisher and the two agreed Fisher should withdraw from the hearings. Welch dismissed Fisher’s association with the NLG as a youthful indiscretion and attacked McCarthy for naming the young man before a nationwide television audience without prior warning or previous agreement to do so:

“Until this moment, Senator, I think I have never really gauged your cruelty or your recklessness. Fred Fisher is a young man who went to the Harvard Law School and came into my firm and is starting what looks to be a brilliant career with us. Little did I dream you could be so reckless and so cruel as to do an injury to that lad. It is true he is still with Hale and Dorr. It is true that he will continue to be with Hale and Dorr. It is, I regret to say, equally true that I fear he shall always bear a scar needlessly inflicted by you. If it were in my power to forgive you for your reckless cruelty I would do so. I like to think I am a gentle man but your forgiveness will have to come from someone other than me.”

When McCarthy tried to renew his attack, Welch interrupted him:

“Senator, may we not drop this? We know he belonged to the Lawyers Guild. Let us not assassinate this lad further, Senator. You’ve done enough. Have you no sense of decency, sir? At long last, have you left no sense of decency?”

McCarthy tried to ask Welch another question about Fisher, and Welch cut him off:

“Mr. McCarthy, I will not discuss this further with you. You have sat within six feet of me and could have asked me about Fred Fisher. You have seen fit to bring it out. And if there is a God in Heaven it will do neither you nor your cause any good. I will not discuss it further.”

The gallery erupted in applause.”

The drama of this distinguished lawyer chastising one of the most powerful men in the United States and silencing his cruelty was one of the defining moments of my life. It spurred a lifelong interest in the Constitution, the Law and the rights of the American People. Today, among other ills, I believe that our American Criminal Justice System is broken. Let me explain why I believe that. Continue reading ‘America’s Broken Criminal Justice System’

What Is An Assange? Part II

turley_jonathan220px-John_Cusack_Comic-Con_2011John Cusack and I had a dialogue last year about civil liberties and other issues. John previously ran a second interview (actually half of a second interview) on Huffington Post. Huffington has now published the second half of this last interview. With the death of Aaron Swartz this month, the Assange case takes on even greater significance for many. Below is the full interview if you want to read it without edits for space.

Continue reading ‘What Is An Assange? Part II’

KBR, Iraq and the Cost to Vets and the US

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Respectfully submitted by Lawrence E. Rafferty (rafflaw)-Guest Blogger

I guess it should not come as a surprise to me anymore. However, it still upsets me to see a military defense contractor trying to deflect blame for the damages its negligence caused to members of our military while serving in Iraq or Afghanistan.  In a news item that I didn’t notice until a few days after it broke, Huffington Post reported that the defense contractor, KBR, was found negligent and responsible for the poisoning of a dozen soldiers in Iraq in 2003.  Over 800 members of both regular and reserve units were stationed at an Iraqi water treatment plant to secure it and they were exposed regularly to a dangerous carcinogen called Sodium Dichromate.  The impact on the soldiers and Guardsmen’s negligent exposure to that “extreme carcinogen” was both devastating and deadly.

“Sodium dichromate is an orange-yellowish substance containing hexavalent chromium, an anti-corrosion chemical. To Lt. Col. James Gentry of the Indiana National Guard, who was stationed at the Qarmat Ali water treatment center in Iraq just after the 2003 U.S. invasion, it was “just different-colored sand.” In their first few months at the base, soldiers were told by KBR contractors running the facility the substance was no worse than a mild irritant.  Gentry was one of approximately 830 service members, including active-duty soldiers and members of the National Guard and reserve units from Indiana, South Carolina, West Virginia and Oregon, assigned to secure the water treatment plant, according to the Department of Veterans Affairs.

Sodium dichromate is not a mild irritant. It is an extreme carcinogen. In November 2009, at age 52, Gentry died of cancer. The VA affirmed two months later that his death was service-related.  In November, a jury found KBR, the military’s largest contractor, guilty of negligence in the poisoning of a dozen soldiers, and ordered the company to pay $85 million in damages. Jurors found KBR knew both of the presence and toxicity of the chemical. Other lawsuits against KBR are pending.” Huffington Post   Continue reading ‘KBR, Iraq and the Cost to Vets and the US’

President Obama Disappoints, Why the Surprise?

Submitted by: Mike Spindell, Guest Blogger

495px-Constitution_of_the_United_States,_page_1Those who’ve read my comments here through the last two Presidential elections, know that I supported and voted for Barack Obama twice. Yet President Obama has been a disappointment to me throughout his Administration. His continuing support of what I consider extra-Constitutional intelligence gathering is a terrible thing. That Guantanamo Bay is still functioning is a continuing human rights violation. The continued American troop presence in both Iraq and Afghanistan is as disgraceful as the reasons that caused us to be there in the first place. Bradley Manning is an American hero that this country is illegally torturing with this President’s approval. The entire issue of the rising deficit and of a mythical “Fiscal Cliff” is one the President gives credit to, thus making it seem real to the public, while those decrying it merely are using it as a means of destroying America’s already frayed “social safety net”. The escape from criminal prosecution of the Bush Administration for War Crimes time has passed. The financial titans who collapsed our economy with their fraudulent manipulations will not be brought to justice, only become wealthier. The continuance of prosecuting the “War on Drugs” after we’ve seen marvelous public initiatives legalizing marijuana at State Levels, is a cruel hoax that destroys the lives of people in the name of protecting the citizenry. Need I go on to make the point of how disappointing this Administration has been? It would take tens of thousands of more words to do so, but then in this erudite group of those readers of this blog, it would be unnecessary, because so many here could do it on their own and perhaps better than I can.

Where I get confused at times here is in the continuing surprise that is expressed with each new violation of our rights, with each new foreign incursion and with the continued militarization of this country as it “goosesteps” towards the creation of an Empire. I get confused because I fail to understand why people who know better, would think that someone else as President could prevent all of these atrocious occurrences. This confusion is re-enforced by the fact that this blog has continually presented evidence that this country is no longer, if indeed it has been, under the aegis of our beloved Constitution. Leading the evidence presented here was Jonathan Turley’s blog post ”10 Reasons The U.S. Is No Longer The Land Of The Free”. http://jonathanturley.org/2012/01/15/10-reasons-the-u-s-is-no-longer-the-land-of-the-free/  As our esteemed proprietor followed up this post was selected as one of the top ten articles in the Washington Post’s Outlook Section for 2012. At the end of this piece I will give links to my own guest blogs which have also reinforced the idea that we are no longer the country of freedom that our establishment claims we represent. Thus comes my somewhat confused question as to why would we the denizens of this blog think that barring action by the people, that our President, or any other governmental officials could single-highhandedly return us to the ideals of our constitution. Continue reading ‘President Obama Disappoints, Why the Surprise?’

FISA Extension Gets a Bipartisan Pass

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Respectfully submitted by Lawrence E. Rafferty (rafflaw)-Guest Blogger

It is always rare in Washington these days when a bipartisan majority passes any bill in the House of Representatives or the Senate.  However, while most of the media interest last week was fixed on the so-called “fiscal cliff” negotiations and the subsequent legislation that was passed and signed into law, maybe the media missed the more important legislation.  That missed legislation was a 5 year extension of the FISA amendments that was granted by the Senate in a bipartisan 72-23 vote last week.  “The Senate voted 72-23 last week to extend the FISA Amendments Act another five years, which President Obama signed Sunday. Unfortunately, the public discussion of George W. Bush’s warrantless wiretapping program may soon fade back into the shadows.”  ACLU

This is a continuation of the same Bush-era FISA bill that was alleged to spy on almost anyone’s electronic communication, all without warrants.  So, instead of sunshine being used to bring some accountability and transparency to this secret spying, for Five more years, American’s phone calls and text messages can be monitored almost at will by the government with little or no judicial restraint.  What is Congress and the Intelligence community hiding from the American people? Continue reading ‘FISA Extension Gets a Bipartisan Pass’

Group Challenges Different Treatment By IRS of Religious and Non-Religious Groups

170px-rembrandt_harmensz-_van_rijn_079-1The Wisconsin-based Freedom from Religion Foundation (FFRF) has filed a lawsuit with the Internal Revenue Service that raises an interesting question. The group challenges the government’s different treatment of religious and non-religious non-for-profit organizations. While tax-exempt 501(c)(3) nonprofit organizations must file a detailed application form, fee and annual information to obtain and maintain their tax-exempt status, churches and other religious organizations are exempted from the requirement to file the reports and fees. The lawsuit alleges that the added expensive and detailed paperwork is a form of discrimination against non-religious groups.

Continue reading ‘Group Challenges Different Treatment By IRS of Religious and Non-Religious Groups’

Liberté,Egalité, Fraternité: French Court Strikes Down 75 Percent Tax on Rich

libertyFor months, I have criticized the tax policies of France’s Socialist President Francois Hollande, particularly the confiscatory 75 percent tax rate for the wealthiest French. In addition to being in my view unfair, it is extremely bad economic policy. France’s Constitutional Council now appears to agree — at least on the equitable side. On Saturday, the Council rejected a 75 percent upper income tax rate on annual income above 1 million euros ($1.32 million) as an unfair treatment of different households. Popular figures like French actor Gerard Depardieu have opposed the tax and even left the country. The French experience should get some in the United States to dial down on our own over-heated rhetoric on economic policy. (Yes, I will now vent a bit on economic policy).

Continue reading ‘Liberté,Egalité, Fraternité: French Court Strikes Down 75 Percent Tax on Rich’

Merry Christmas!!!

Best wishes to everyone celebrating Christmas and Hanukkah. Continue reading ‘Merry Christmas!!!’

The Latest Tea Party Darling

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Respectfully submitted by Lawrence E. Rafferty (rafflaw)- Guest Blogger

Lost in the headlines about the Fiscal Cliff and the tragedy at the Sandy Hook Elementary School, was the gubernatorial appointment to the United States Senate seat being vacated by Sen. Jim DeMint.  Sen. DeMint was arguably the Tea Party’s Senator and his impending departure from the Senate to accept the position to head up the Heritage Foundation would have left a gaping hole in the Tea Party’s influence in the Senate.  There is nothing to worry about because South Carolina Governor Nikki Haley named Tea Party Congressman Tim Scott to replace DeMint in the Senate.  Rep. Scott was just elected to the House of Representatives in 2010 and has already made a big name for himself in the Tea Party world by suggesting that President Obama should be impeached if Obama attempted to go around the House of Representatives during the last debt ceiling fiasco! Continue reading ‘The Latest Tea Party Darling’

“The Fiscal Cliff” an Example of Myth and Propaganda

Submitted by: Mike Spindell, guest blogger

gold-dollar-signI don’t know about you but I was certainly happy that I woke up this morning. For a few years now there has been great speculation that the world was going to end yesterday. As I fell asleep about 1:00pm last night it was with knowing that in Mexico it was three hours earlier and so that the dread prediction of the world’s end by the Mayan Calendar still may have been possible. The whole idea was a blatant misrepresentation of Mayan belief and hoax-like, yet that didn’t prevent many from making this non-story into yet another way to frighten people. Frightening people with made-up nonsense seems to be a human trait and certainly has been exploited throughout history for one sort of gain or another.

Fear not though, because just as the collective We has just bitten one bullet, another comes along to frighten us once again with disaster and that “disaster” will occur on December 31, 2012, as we come to the end of another turmoil ridden year in societal intercourse. I’m writing, of course, about the “Looming Fiscal Cliff” that has been so very prominent in what our mainstream media calls “news and commentary” and our leaders of both parties call governance. My opinion and that of many others with far more economic expertise than myself, is that the “Fiscal Cliff” is a mere “bogeyman”, used by those politicians on the Right and the Left as leverage to accomplish their particular political agendas.

Since one of the interests of this blog is the Constitution and the consequent Rule of Law that should be its’ result, this comes within our purview because serious issues of national interest are being driven by false mythology grown to myth like proportion. Let’s look at what is behind this mythology and its propaganda. Continue reading ‘“The Fiscal Cliff” an Example of Myth and Propaganda’

Congress Posts Critical Copyright Report . . . Then It Vanishes

260px-capitol_building_full_viewWe have repeatedly discussed the absurdity of U.S. copyright laws and how law firms have become virtual thug patrols threatening average citizens with ruin over small copyright violations. President Obama has been repeatedly criticized for being in the pocket of “copyright hawks” and lobbyists who have used the Administration to increase the penalties and scope of these laws. The Congress has also been a virtual extension of industry groups and lobbyists in the area. For that reason, many people were shocked when Rep. Jim Jordan published a critical report entitled RSC Policy Brief: Three Myths about Copyright Law and Where to Start to Fix it.” It was a strong condemnation of how these laws are not stifling creativity and various industries. It was the first such report anyone could remember that was not written by lobbyists for draconian copyright laws. Then it was gone. Gone. According to various sites, the eight page document was removed from the website. Some sites opined that the various industry groups saw it and quashed it — but not before some sites like the one below copied it.

Continue reading ‘Congress Posts Critical Copyright Report . . . Then It Vanishes’

Michigan Legislature Passes Law To Allow Concealed Weapons In School [Updated]

180px-School_Bus_-_Thomas_-_Ledgemere_Transportation_-_4thumb_blue_gun_alex_fernandez_01We previously discussed the suggestion by a member of Congress that the Connecticut massacre could have been avoided if only teachers were carrying M-4 assault rifles. Now the Governor of Michigan is considering bringing that a little closer to reality with a bill that would allow concealed guns in public schools. Referring to the Connecticut massacre, Senator Tom Casperson, the Republican sponsor of the bill, said “to me it gives [teachers] a chance.” [Update: the Michigan Governor Rick Synder has vetoed the legislation]

Continue reading ‘Michigan Legislature Passes Law To Allow Concealed Weapons In School [Updated]‘

Lieberman Calls For Action On Violent Video Games After Connecticut Murders

121217-adamLanza-vsmall.380;380;7;70;0220px-joe_lieberman_official_portrait_2Yesterday, we discussed how various people have used the massacre in Connecticut to call for everything from gun control to new social programs and prayer in school. Now, Sen. Joe Lieberman (I-Conn.), a long advocate for censoring music and speech, added his own take: crackdown on violent video games. Lieberman described Adam Lanza of having a “hypnotic involvement” with the games and called on Congress to get involved.
Continue reading ‘Lieberman Calls For Action On Violent Video Games After Connecticut Murders’

The Specious Roots of the Anti-Abortion Controversy

Submitted by: Mike Spindell, guest blogger

ImageI originally had a guest blog planned for today on a completely different topic, but I ran across an article in Friday’s Huffington Post, that changed my direction. Since I was a youth I have been aghast at the fact that I grew up in a country where such things as homosexuality and abortion were prohibited by law.  It seemed like this was too personal an interference by the State into the personal affairs of people and that this interference often ruined people’s lives. Then too, I grew up in New York State, where for so many years divorce was unobtainable leading to such ridiculousness as Governor Nelson Rockefeller’s wife having to establish Nevada residence in order to obtain a divorce from him. It seemed to me then, as it seems to me now, that religious dogma had no business invading our legal system.

Although there were many prior years of a movement building up in support of abolishing Abortion Laws, the decision of Roe vs. Wade in 1973 http://en.wikipedia.org/wiki/Roe_v._Wade  was a breathtaking and welcome surprise. Immediately after, however, there started the blow-back against that decision that almost forty years later continues with fervor and intensity. The opposition cites “The Bible” as the source of their angry opposition and claims that their religion, as encoded in “The Bible” describes abortion as murder, with the life of the child beginning at fertilization. When they quote “The Bible” of course they mean the “New Testament” and what they call “The Old Testament”.  Jews actually don’t recognize the term “Old Testament”, to us it is called the “Torah”, since Jews believe that their “Torah” was never replaced by a “New Testament”. The anti-Abortionists need to cite the “Torah” for their beliefs, since the Gospels don’t discuss the abortion issue. Like much that exists in Christian Dogma today, there is a need to cite the “Torah” for their beliefs since there is no evidence in the Gospels that Jesus ever spoke on some matters. Christian “Torah” citation though is haphazard in that they choose what portions to recognize and what portions to ignore. The sentiments of those Christians against abortion are based in the “Torah”. What if their citation of this venerable book stemmed from an incorrect translation of it many, many centuries ago? If they cited it incorrectly in the first instance, doesn’t that destroy their whole argument that abortion is murder in God’s eyes, especially if the writers of the “Torah” never understood abortion to be murder? This is what I’d like to discuss. Continue reading ‘The Specious Roots of the Anti-Abortion Controversy’

Crying Fowler: Top Drafter of ObamaCare Returns From Whence She Came

250px-Max_S_Baucus300px-Revolving_DoorWe have previously discussed the obscene relationship between industry and Congress with staffers and members pushing through key legislation and then being given lucrative positions by industry. The pharmaceutical and telecommunication industries are particularly notoriously for such revolving door arrangements. Other members lobby for these industries after leaving office and current officeholders like President Obama have accepted money from lobbyists (despite his pledge not to). Now the top staffer to Democratic Chairman of the Senate Finance Committee, Max Baucus, who drafted Obamacare has reportedly accepted a prime position with Johnson & Johnson’s government affairs and policy group. Her name is Elizabeth Fowler and demonstrates that the Democrats are little better in this revolving door practice. Indeed, the ever revolving Fowler is an amazing example of how industry controls not just the drafting but much of the legislation in Congress.
Continue reading ‘Crying Fowler: Top Drafter of ObamaCare Returns From Whence She Came’

Gallup: Sixty-Four Percent Of Americans Want Obama Administration To End Crackdown On Marijuana

marijuana_leafPresObamaWe discussed earlier how the top Justice Department attorney in Washington State said that the federal government would not yield to the state referendums legalizing marijuana use and possession. This followed a statement the day after the election that the Administration would not change their policy on targeting marijuana, including medical marijuana. However, a new Gallup poll shows an impressive 64 percent of Americans object to the enforcement in state legalizing or decriminalizing pot. Only 34 percent supported the continuation of the Obama policy.

Continue reading ‘Gallup: Sixty-Four Percent Of Americans Want Obama Administration To End Crackdown On Marijuana’

Report: United States Now Borrowing 46 Cents of Every Dollar It Spends

180px-United_States_one_dollar_bill,_obverseThe Congressional Budget Office has released its latest report and it contains this rather distressing fact: the federal government is now borrowing 46 cents of every dollar spent in fiscal year 2013. I have long been a critic of the fiscal policies of both parties, but it is astonishing that the American people have not thrown out the whole lot of these people — Democratic and Republican. We look like an utter ship of fools as politicians allow the country to drift toward an unprecedented financial collapse. In the meantime, the Administration is borrowing this money to simply give Israel a $100 million building complex and pour billions into corrupted governments in Iraq and Afghanistan.  China of course continues to hold much of our debt and is going on a buying spree in the U.S.

Continue reading ‘Report: United States Now Borrowing 46 Cents of Every Dollar It Spends’

NDAA Double Cross

Respectfully submitted by Lawrence E. Rafferty (rafflaw)- Guest Blogger

When United States District Judge Katherine Forrest blocked the implementation of Section 1021 of the infamous National Defense Authorization Act in May of this year, I thought that legal civilians of all stripes were saved from being at risk of imprisonment without trial or due process. However, an appeals court stayed Judge Forrest’s injunction and the appellate court has allowed the indefinite detention provision to be reinstated during the appeal time frame.  Business Insider

Naomi Wolf of the Guardian explains why a group of journalists sued to block the implementation of Section 1021 in the first place. “As I reported here, last spring a group of journalists and activists including Chris Hedges, Noam Chomsky and Tangerine Bolen, led by counsel Bruce Afran and others, sued President Obama to halt the implementation of Section 1021 in the National Defense Authorization Act (NDAA), which would have allowed for the indefinite detention of Americans without charge or trial. The vague definition of who could be detained included individuals who were seen to provide “substantial support” to al-Qaida’s “associated forces” – wording that provided no protection for journalists interviewing, for example, detainees in Guantánamo, or activists and advocates working with prisoners on their cases.”  Readersupportednews  Continue reading ‘NDAA Double Cross’

West Point and Religion

Submitted by: Mike Spindell

061410-FlagA young man named Blake Page resigned from West Point this week with five months left to go until graduation. This will no doubt be a life changing event for him and could potentially have drastic consequences. His reason for resigning was his belief that there was a pervasive influence of religious proselytizing at this famed military academy. He and other non-religious cadets are retaliated against for their beliefs and for their refusal to go along with a program that makes Christian Faith the standard for success and for receiving privileges.

He wrote an article for the Huffington Post which I will discuss and link to below. First though I want to add my own thoughts on this because I think this young man is credible and because his charges regarding West Point are not the first complaint of intolerance towards non-religious cadets at a U.S. Armed forces Academy. The U.S. Air force Academy is located in Colorado Springs, Colorado. It is said that this community of 416,000 people can be considered the nexus of Evangelical Christianity in the United States, if not the world.

“Although houses of worship of almost every major world religion can be found in the city, Colorado Springs has in particular attracted a large influx of Evangelical Christians and Christian organizations in recent years. At one time Colorado Springs was counted to be the national headquarters for 81 different religious organizations, earning the city the tongue-in-cheek nickname “the Evangelical Vatican[57] and “The Christian Mecca”.

Religious groups with regional or international headquarters in Colorado Springs include: the Association of Christian Schools International, the Christian and Missionary Alliance, Compassion International, Every Home for Christ, Focus on the Family, HCJB, the International Bible Society, The Navigators, the Roman Catholic Diocese of Colorado Springs, WAY-FM Media Group, Andrew Wommack Ministries, and Young Life.”

In addition to the Air Force Academy there is Fort Carson and two air force bases located in the City. Twenty percent of this County’s employees work for these facilities. Besides this large military presence: “Colorado Springs is home to the United States Olympic Training Center and the headquarters of the United States Olympic Committee. In addition, a number [15] of United States national federations for individual Olympic sports have their headquarters in Colorado Springs http://en.wikipedia.org/wiki/Colorado_Springs,_Colorado#Religious_institutions

Call me paranoid perhaps, but I think that it is no coincidence that this small city, but sixty miles from Denver, at the base of Pikes Peak, has drawn such a large influx of Evangelical Christians and their national organizations. I think it is potentially an ominous sign and I’ll explain my thoughts and feelings. Continue reading ‘West Point and Religion’

Supreme Court Grants Review Of Two Historic Same-Sex Marriage Cases

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The U.S. Supreme Court

The U.S. Supreme Court

The Supreme Court has accepted two cases that deal with the issue of same-sex marriage. One of the cases is that of Edie Windsor (left) challenging the Defense of Marriage Act (DOMA) — a law supported and signed by former President Bill Clinton to bar federal recognition of same-sex marriage. On October 18, 2012, the Second Circuit struck down DOMA in Windsor v. United States. Also accepted is Hollingsworth v. Perry dealing with “Proposition 8″ in California.

I will be discussing the cases tonight on Ed Schultz on MSNBC around 8:50 pm.

Continue reading ‘Supreme Court Grants Review Of Two Historic Same-Sex Marriage Cases’

Ballots For Bailouts: Detroit City Council Member Demand “Quid Pro Quo” From Obama

PresObamaWatsonDetroit Councilwoman JoAnn Watson is nothing if not direct. Watson is quoted this week as demanding a “quid pro quo” from President Obama — a bailout for the ballots used to reelect him. We have run a long serious of stories of the meltdown in Detroit — one of the worst run cities in the nation and a city council that often seemed to have more members either in jail or under criminal investigation. Now the council seems to be looking for a bailout and Watson is reportedly telling Obama to pony up.

Continue reading ‘Ballots For Bailouts: Detroit City Council Member Demand “Quid Pro Quo” From Obama’

14,000,000

One hour ago, our blog passed the 14,000,000 viewer. The fact that we only recently passed the 13,000,000 viewer mark reflects the impressive growth of this blog. Congratulations everyone. Now if we could only get .000001 of those viewers to vote for us on the ABA blog competition we could crush the competition! If you (are any distant relative, incompetent ward, or pet) has not voted, you can vote here and cast your vote today!

Continue reading ’14,000,000′

Indiana Police Head Supports Legalization of Marijuana

Indiana State Police Superintendent Paul Whitesell surprised many when he added his voice to those supporting legalization of marijuana. Whitesell appears to support legislation that would decriminalize possession of marijuana.

Continue reading ‘Indiana Police Head Supports Legalization of Marijuana’

TURLEY BLOG MAKES ABA TOP 100 — NOW IT IS TIME TO VOTE FOR THE TOP BLOG!

The ABA Journal has released its list of the top 100 legal blogs in the world and we are once again in this august group of blogs. Congratulations to all of our regulars contributors and weekend bloggers. We have previously taken the top spot under the opinion category in the past but the ABA has now eliminated that category. Even more ominous was the decision to put the largest blogs in direct competition under an expanded “News/Analysis” category. This includes the long dominant “Above the Law” site. We would have to punch considerably above our weight to beat “Above the Law,” which is ranking regularly in the top two most visited legal sites in the world. Frankly, it is like a dingy going up against a battleship. However, we have never flinched in the face of superior numbers. So it is time to vote! It takes a very quick registration. Just click here and cast your vote today!

Continue reading ‘TURLEY BLOG MAKES ABA TOP 100 — NOW IT IS TIME TO VOTE FOR THE TOP BLOG!’

Secretary of State or Secretary of War?

Submitted by Lawrence E. Rafferty (rafflaw)-Guest Blogger

We have seen the Republicans falling all over themselves to claim that the UN Ambassador, Susan Rice, should not be our next Secretary of State following her statements in our Libyan Ambassador’s death at the hands of terrorists.  Former GOP Presidential candidate Mitt Romney and Sen. John McCain were at the forefront of the attacks on Ambassador Rice.  “Shortly after Romney conceded his loss earlier this month, McCain set his sites on UN Ambassador Susan Rice, a likely nominee to succeed Secretary of State Hilary Clinton. Pointing to several television appearances where Rice communicated the intelligence community’s as-yet imperfect understanding of what happened during the Benghazi attacks, McCain promised that “I will do everything in my power to block her from becoming Secretary of State.” ‘ Think Progress

Now it seems that not only has McCain backed off his promises to block Ambassador Rice’s rumored nomination to succeed retiring Secretary of State Hillary Clinton, but a prominent Republican is actually advocating her as a better Secretary of State candidate than Senator John Kerry because it was alleged that Kerry is against War!  “Weekly Standard editor Bill Kristol on Sunday suggested that Republican senators should confirm United States Ambassador to the United Nations Susan Rice if she is nominated as secretary of state because she is more likely to support going to war than Sen. John Kerry (D-MA). “  Raw Story   Continue reading ‘Secretary of State or Secretary of War?’

Report: Jesse Jackson Jr. To Cost Taxpayers Over $5 Million After Resigning Shortly Following His Reelection

For those still following the absurdity unfolding around the family of ex-Rep. Jesse Jackson Jr., we now have word that his decision to run for reelection (without campaigning) and then promptly resign will cost the taxpayers over $5 million — as if the taxpayers have not paid enough to the family of Jesse Jackson.

Continue reading ‘Report: Jesse Jackson Jr. To Cost Taxpayers Over $5 Million After Resigning Shortly Following His Reelection’

HAPPY THANKSGIVING!

Happy Thanksgiving to everyone. This is my favorite holiday with all of the essential elements of joy: food, friends, and football. Continue reading ‘HAPPY THANKSGIVING!’

Democrats Introduce Privacy Bill Before Election . . . Obama Administration Reportedly Opposes Privacy Protections After Election

Many civil libertarians refused to vote for President Barack Obama given his dismal record in the expansion of the security state, surveillance law, and assertions of unchecked executive power. The Administration went into radio silence on such issues during the campaign in an effort to win back liberals (as they did on medical marijuana) only to announce after the election that they would resume the same policies. The Democratic leadership has shown the same duplicity on civil liberties for years — including hiding knowledge of the Bush torture program and surveillance programs as well as blocking any meaningful investigations into those alleged crimes. Now, some Democrats have reportedly put that hypocrisy on public display again. Senator Patrick Leahy introduced the bill which, as originally written, required warrants for the reading of emails and was heralded by Democrats during the campaign as their showing of fealty to privacy and civil liberties. The Justice Department then took the bill and flipped it to serve as a sweeping denial of privacy rights . . . and some Senators are pushing on passage now that the election is over. The bill includes warrantless access to university email systems.

Continue reading ‘Democrats Introduce Privacy Bill Before Election . . . Obama Administration Reportedly Opposes Privacy Protections After Election’

Who Will Enforce the Laws Against Torture?

Respectfully submitted by Lawrence E. Rafferty(rafflaw)-Guest Blogger

We have discussed the enforcement of torture laws many times here on Prof. Turley’s blog and the policy of the Obama Administration to “look forward” and not go after the Bush Administration for its admitted torture of detainees.  With that in mind, it was interesting to read this week that 4 victims of torture under the hands of the Bush Administration have turned to the United Nations Committee against Torture in a last effort to get justice. “Hassan bin Attash, Sami el-Hajj, Muhammed Khan Tumani and Murat Kurnaz—they are all survivors of the systematic torture program the Bush administration authorized and carried out in locations including Afghanistan, Iraq, Guantánamo, and numerous prisons and CIA “black sites” around the world. Between them, they have been beaten, hung from walls or ceilings, deprived of sleep, food and water, and subjected to freezing temperatures and other forms of torture and abuse while held in U.S. custody. None was charged with a crime, two were detained while still minors, and one of them remains at Guantánamo.

This week, in a complaint filed with the United Nations Committee against Torture, they are asking one question: how can the man responsible for ordering these heinous crimes, openly enter a country that has pledged to prosecute all torturers regardless of their position and not face any legal action?”  Truthout    Continue reading ‘Who Will Enforce the Laws Against Torture?’

Democracy in America: What Does it Mean?

Submitted by: Mike Spindell, guest blogger

While the United States of America is many things to many people, it is not as is popularly conceived a Democracy and it never has been. This view is not coming from a perspective of politics, but one of stark reality. The thinking of the overwhelming majority of our Founding Fathers, as embodied in the Constitution they wrote, was certainly not to give power to the masses. I don’t believe this point is in dispute by the majority of Constitutional experts, despite their various positions on the political spectrum. Most politicians with self-awareness and intelligence have always known that we are not a Democracy as a country, despite the fact that most also proclaim it to be a Democracy. The problem with what I just wrote is that defining Democracy is a very slippery process and as I will show, the word means very different thing to many different people.

Permit me to begin by defining Democracy in terms of the myth that has been created around it in American parlance: “Democracy represents both the Will and the Rule of the People over their government. As such it is the best form of government for all”. Whether we believe it or not all Americans have grown up under this national myth and its’ use is ubiquitous to both domestic and foreign policy. The many wars this country has fought were prosecuted in the interests of this myth of Democracy, whether in destroying the Axis in World War II to save the world, or to nurture its creation and existence in numerous foreign lands. A student of history understands that the reasons for the wars America has fought are far more complex and ultimately self-serving than protecting Democracy. Nevertheless, to initially go to war, a populace must be energized by the belief that it will be fought for a higher purpose, in order to send it young adults to fight and potentially die. This energy in America usually has come from a combination of the myth of protecting democracy and a general threat to all the people. The simple rubric in my lifetime and in the history before it, is that we are fighting for Democracy. I will explore this myth, so central to our lives of citizens and discuss its implications. Continue reading ‘Democracy in America: What Does it Mean?’

Report: Jesse Jackson Jr. Insists On Disability Pay As Condition For Leaving Office

We have previously discussed how Jesse Jackson Jr. disappeared for months without explanation while federal investigators sought information on allegations that he tried to buy a Senate seat and that he used campaign funds on his home. He then was admitted to the Mayo Clinic for pyschological problems but insisted on running for reelection (without campaigning). He won handily and pledged to serve his constituents . . . while he reportedly negotiated a criminal plea bargain. He left Mayo and there is now a report that Jackson is demanding a disability package in return for leaving office.

Continue reading ‘Report: Jesse Jackson Jr. Insists On Disability Pay As Condition For Leaving Office’

Will We Tolerate Democracy?

Below is my column today in USA Today on some of the state referendum votes last week. While the presidential election was understandably the focus of media commentary, state referendum votes held some surprises. At a time when a majority of citizens view our political system as dysfunctional and unresponsive, these referendums show that citizens can still take direct action in seeking change. Here is the column:
Continue reading ‘Will We Tolerate Democracy?’

Guns and the Collateral Damage That They Do

Respectfully submitted by Lawrence E. Rafferty (rafflaw)- Guest Blogger

I was struck by a news story earlier this week, not only because of its importance, but because of how little air time it received in the mass media.  Earlier this week, the victims of the 2011 mass shooting in Tucson, Arizona had a chance to speak to the man responsible for those hideous acts.  One statement was especially powerful and it was from the husband of Gabby Giffords, now a former Congresswoman from Arizona.  I apologize for the length of the following quotations, but I think it is important to read most of what Gabby’s husband said to Mr. Jared Loughner, who perpetrated the crime.  Continue reading ‘Guns and the Collateral Damage That They Do’

Selling Out Middle Class America

Submitted by: Mike Spindell, Guest Blogger

Normally, when I work on a guest blog it takes me some hours of research and writing since I type slowly and try to be as accurate as I can be. This one will be a little different because it is written mainly to refer you to the transcript and/or podcast of a fantastic interview with the investigative journalists Donald L.Bartlett and James B. Steele. The interview was conducted by Rob Kall, whose OpEdNews website http://www.opednews.com/   is one that I look to for interesting insight into the political issues of the day. The interview deals with these authors’s current book which is called: The Betrayal of the American Dream”.

Rob Kall’s interview with the author’s is lengthy and so rather than my usual effort to provide a synopsis and relevant quotes of a position that I endorse, I’m going to give you a hint of what this interview contains and the provide you the links so that you can make your decision on the author’s thesis and hopefully be informed on some very important issues for all of us. Readers here know I supported President Obama for re-election, but have been critical of many of his policies. This interview and the book that it is about, demonstrate that the forces at play in the rapid decline of the American Middle Class seem beyond the power of our government to control, simply because they are backed by an elite that not only finances election campaigns, but that has also dominated the discussion with so much false propaganda, that today’s politicians who were born later than 1960 are not even familiar with the reality of how much our economic landscape has changed. Because of this unfamiliarity many don’t even have the conceptualization that things used to be different and why they’ve changed so drastically. In that sense this is less about conspiracy and more about the effect poor education, corporate media and propaganda can accomplish. When I say that the problem is beyond government’s power to fix, it is with the caveat that if the issues presented here were first understood, then maybe we could combat them. In some sense we are all blind men, hypothesizing the nature of an elephant by touching different parts. This interview and the book it is about can miraculously cure the blindness and start the discussion on how we can deal with this 3,000 pound elephant in the room we call America.

I will mention two, among many, of the major factors in the decline of the American Middle Class laid out by the authors. The first is that until the 1970’s our Income Tax was really graduated to the point that government had ample revenue to do its job. The second is that one of the major revenue sources for the Federal Government was tariffs. It was the dismantling of the graduated Income Tax and the proliferation of trade agreements reducing tariffs (and tariff revenue) that have been major pieces in the shipping of jobs overseas, increasing our national debt and destroying what was the greatest industrial economy in the World. For me, a child born to politically aware parents, before the end of World War II, I’ve lived through this history and watched in dismay as these changes took effect. Most Americans though, except for those most prescient, have no idea of what was done, simply because these changes took effect before they were born, or in their early youth. This election past and the polling of attitudes that went with it, show that the majority of Americans perceive that they are being cheated, but often their perception of how, has been skewed by the disinformation that is rampant to the extent that they blame it on the wrong source. If you read either the transcript of this article: “The Selling Out of the Middle Class is No Accident” at this link: http://www.opednews.com/articles/1/The-Selling-Out-of-the-Mid-by-Rob-Kall-121017-79.html or listen to the interview at this podcast: http://www.opednews.com/Podcast/Applying-Investigative-Jou-by-Rob-Kall-120915-680.html

I deeply believe that it will be time well spent.

 

Jesse Jackson Jr. Reportedly Engaged In Plea Negotiations With Prosecutors

Yesterday, we discussed how voters in Chicago reelected Rep. Jesse Jackson Jr. despite his appearance for months without any explanation and criminal investigation into his alleged misuse of campaign funds and alleged effort to buy a Senate seat. While Jackson thanked his voters for keeping him in office and pledged to work for them in Washington, reports now indicate that Jackson has been negotiating a plea bargain on the criminal charges with prosecutors.

Continue reading ‘Jesse Jackson Jr. Reportedly Engaged In Plea Negotiations With Prosecutors’

Eighty Percent of Success Is Just [Not] Showing Up: Jesse Jackson Jr. Releected Despite Disappearance For Months

It appears that Woody Allen was wrong when he famously said that “eighty percent of success is showing up.” Jesse Jackson Jr. proved yesterday that success can be just not showing up. While Republicans are grappling this morning with the rather pathetic image of Todd Akin in Missouri, Democrats have Jesse Jackson Jr. in Illinois. At least Republicans can point out that their leadership opposed Akin and he was defeated. Jackson won reelection despite his disappearance for months from office and failure to actually campaign. He won despite rising allegations of corruption and his long-term residency in the Mayo Clinic for whatever are believed to be psychiatric problems. He won despite not explaining any of this to this constituents. Like Akin, the thought of withdrawing for the benefit of his constituents never appeared to a serious consideration. Yet, the people of the Illinois 2nd congressional district reelected him to Congress by a 63 percent vote.

Continue reading ‘Eighty Percent of Success Is Just [Not] Showing Up: Jesse Jackson Jr. Releected Despite Disappearance For Months’

Too Much Democracy?

Submitted by: Mike Spindell, Guest Blogger

I’m a legal resident of Florida and this week I took advantage of early voting. While I’ve been a political activist for most of my life and usually have a good idea of the issues involved in any particular election, this vote brought home to me that I wasn’t as smart and informed in this election as I supposed. This thought occurred to me the night before I voted, when I carefully looked over the sample ballot sent to me by my County Board of Elections. The sample ballot had six pages and the opportunity to vote twenty six separate times. The first seven of the twenty-six votes, were “no brainers” since it started with the Presidency and ended with County Commissioner. I was familiar with each of these elective offices and the issues entailed in each particular race, but that’s where my familiarity with the issues involved in the next nineteen votes ended. The next possible votes were on whether each of three particular State Supreme Court Judges should be allowed to continue their terms? Not knowing these Judges and/or their judicial views how was I to make such a decision? The next vote was also on whether a particular Justice of the Court of Appeals should be retained in office. The final electoral decision was a vote between one of two people for a four year term to the County Soil and Water commission. This was not a party affiliated position, so other than their names, I had no idea who to vote for, or what their particular conservation philosophy entailed.

Needless to say, I went on the web and found out what was going on in the Judges recall. This is the story and its’ Washington Post link: A Koch Brothers-backed campaign is seeking to vote out three Florida Supreme Court justices.

“A loosely organized Internet campaign against the court two years ago has been fortified by the conservative group Americans for Prosperity, founded by billionaire activists Charles and David Koch. And then came the surprise announcement that the Republican Party of Florida had decided to oppose all three justices, an unprecedented move in the nonpartisan vote.

Party leaders said that “collective evidence of judicial activism” showed the jurists to be liberals who are out of touch with the public. Opponents point to the court’s death penalty decisions and a ruling that kept an “Obamacare” referendum off the 2010 ballot. But the justices’ supporters say an effort is underway to pack the court with new appointees and deliver Republicans the only branch of state government they don’t control.”

 While it is true that I had no clue that such a Campaign was going on, in my defense I was out of State for the entire summer and not paying attention to local affairs. This guest blog, however, is not about the Koch’s judicial ploy, but about what followed it on the Florida Ballot. This was the vote on eleven Florida Constitutional Amendments and why I believe that the nationwide movement for voter ballot initiatives is an idea to support democracy, which in practice is anti-democratic in nature. Continue reading ‘Too Much Democracy?’

Murder at Kent State

Submitted by: Mike Spindell, guest blogger

This blog post is the result of our well known regular contributor Blouise sending me a link, sent to her by one of our other long time contributors GBK. I thank them for not only the vital information they shared with me, but also for the inspiration it gave me. When people ask me what kind of blog to I write for, I explain to them that it is the creation of the well-known Constitutional Law Professor and Civil Rights Advocate Jonathan Turley. The common thread that links most of us here is our support for Jonathan’s work and our belief in upholding the Constitution. The topic raises is vital to all of those purposes.

On May 4th, 1970 I was twenty-six years old. I worked for NYC’s Department of Social Services (welfare) as a caseworker in Brooklyn. Was active in the Peace Movement and had in the last year lost in my bid for the Presidency of the radical welfare caseworkers union. Long haired, full bearded and habitually wearing shirts open to almost my waist, with tight-fitting bell bottom jeans. I was a happy and carefree imbiber of psychedelics and had a great social life. I had failed my Draft physical four years prior due to high blood pressure, which would later turn into severe heart trouble requiring me to have a transplant, but back then I was just grateful that I didn’t have to make the choice between my ideals and the Selective Service Law. So many young men whose lives were drastically changed for the worse by being drafted into that conflict, were less lucky than I because they were my contemporaries, I felt I needed to help bring them home.

Even with the 60’s decade of assassinations, Civil Rights protests ending in violence, Nixon’s election and the Viet Nam escalation, I was still hopeful that my generation would really change things for the better in this country and that the future would bring great changes in economic freedom and social justice. So hopeful was I, that I was attending my first year of Law School at night and envisioned myself becoming a Legal Aid attorney in the future. Then I heard the news about Kent State, the murder of four students and shooting of nine during what was a relatively peaceful protest. Suddenly, this brought home to me the reality of what we were facing in our country. My optimism for change died that day, but not my commitment to fight for it.

As the news proliferated the story just didn’t add up. Supposedly the young National Guardsmen heard sniper shots and in a panic returned fire. That the students shot were at a distance of at least three hundred feet and the ammunition was armor-piercing rounds. It was claimed that there was no order to fire given and that the young National Guardsmen thought they were firing in self defense. As it turned out these were lies and propaganda foisted to cover the fact that those in power in the administration and their follower, the Republican Governor of Ohio, wanted to send a message to those opposing the War, that we were in mortal danger if we dared to try to thwart their murderous rampage in South East Asia. Continue reading ‘Murder at Kent State’

Rep. Joe Walsh of Illinois Insists That There Is Never Any Need for an Abortion to Save a Pregnant Woman’s Life Because of Advances in Science and Technology

Submitted by Elaine Magliaro, Guest Blogger

Is there a Republican war on women? Paul Ryan, the GOP candidate for vice president, mocked the idea of any such thing when he made the following comment at a private fundraiser in Florida last week: “Now it’s a war on women; tomorrow it’s going to be a war on left-handed Irishmen or something like that.”

Ryan may think his party’s “war” on women is a topic of humor…something to be derided. He may perceive things like a woman’s right to determine what is best for her own health and well being differently from the way many of us of women do. After all, Ryan did cosponsor personhood, ultrasound, and “Let Women Die” legislation. He also supported the Blunt Amendment.

Ryan is not the only Republican politician who has brought his party’s comments and positions on women’s issues under scrutiny. Not long ago, Todd Akin, a senate candidate from Missouri, was skewered by the media when he made a claim that women who are victims of “legitimate” rape can’t get pregnant. And just last week, a comment made by Congressman Joe Walsh of Illinois about abortion brought the whole issue of the Republicans’ anti-woman attitude into the limelight once again. After Walsh’s debate with Democrat Tammy Duckworth the other night, he claimed that there is never any reason for a woman to have an abortion—even to protect her health or save her life.

Walsh said—and I quote: “There is no such exception as life of the mother, and as far as health of the mother, same thing, with advances in science and technology. Health of the mother has become a tool for abortions any time, under any reason.”

Continue reading ‘Rep. Joe Walsh of Illinois Insists That There Is Never Any Need for an Abortion to Save a Pregnant Woman’s Life Because of Advances in Science and Technology’

Report: Obama Administration To Negotiate To Prolong Presence of U.S. Troops In Afghanistan

While President Barack Obama again heralded his keeping his promise to pull out of Afghanistan, news accounts this week revealed that the Administration is again discussing the extension of U.S. troops in that country past 2014. The Administration is determined to stay in a country where U.S. citizens are increasingly attacked not only by the Taliban but Afghan troops. Afghan President Hamid Karzai stated inclinations toward the Taliban and harsh treatment of women. Then there was Karzai’s recent position that women are worth less than men — presumably even those American women keeping Karzai and his corrupt family and friends in power.

Continue reading ‘Report: Obama Administration To Negotiate To Prolong Presence of U.S. Troops In Afghanistan’

Abdullah al-Kidd and the FBI

Respectfully submitted by Lawrence Rafferty (rafflaw)-Guest Blogger

In a case that didn’t receive too much publicity, the federal district court in Idaho recently struck a blow against the FBI’s misuse of the material witness statute which is designed to allow for the government to arrest and detain witnesses who will be used to testify in court cases against third parties.  The case in question involved a United States citizen who converted to the Muslim faith during college and was arrested, detained and abused in jail in 2003.  The man in question was born in Kansas and was a college football star and his name is Abdullah al-Kidd. Continue reading ‘Abdullah al-Kidd and the FBI’

END THE ELECTORAL COLLEGE

Below is my column today in USA Today. We are now just a month away from the presidential election and our continued inexplicable use of the Electoral College. I have previously discussed steps that we can take to reform our political system. However, the starting point should be the elimination of the electoral college and the requirement that our presidents be elected by a direct and majority vote. As with other leading countries, we should allow for a runoff to guarantee that every president enters office with the support of over half of the voters.

Continue reading ‘END THE ELECTORAL COLLEGE’

Rep. Paul Broun (R-GA): An Anti-Science Legislator Who Serves on the House Committee on Science, Space, and Technology

Submitted by Elaine Magliaro, Guest Blogger

In August, Todd Akin—Republican candidate for the US Senate from Missouri—got into hot water with his party and became the “laughing stock of the planet” for remarks that he made about how women who are “legitimately raped” rarely get pregnant. Akin said the following during an interview on KTVI-TV:

First of all, from what I understand from doctors, that’s really rare. If it’s a legitimate rape, the female body has ways to try to shut that whole thing down. . . But let’s assume that maybe that didn’t work or something. You know I think there should be some punishment, but the punishment ought to be on the rapist and not attacking the child.

Writing for Wired, Brandon Kleim said of Akin:

Aside from the sheer biological ludicrousness of Todd Akin’s ideas on female physiology, one unsettling subplot to the debacle is his presence on the House Committee on Science, Space and Technology.

That’s right: A man who, to put it gently, ignores what science tells us about how babies are made, helps shape the future of science in America. It would be shocking, but for the fact that many of the committee’s GOP members have spent the last several years displaying comparable contempt for climate science.

Kleim also wrote about other Republicans on the committee who seem to show a contempt for science and scientists:

The committee’s chair, Ralph Hall (R-Texas), lumps “global freezing” together with global warming, which he doesn’t believe humans can significantly impact because “I don’t think we can control what God controls.” Dana Rohrbacher (R-CA) thinks cutting down trees reduces levels of greenhouse gases they absorb. Mo Brooks (R-Alabama) still trots out the debunked notion that a scientific consensus existed in the 1970s on “global cooling,” which he portrays as a scare concocted by scientists “in order to generate funds for their pet projects.”

‘We ought to have some believable science.’

Dan Benishek (R-Michigan) strikes that climate-scientists-as-charlatans note, dismissing contemporary research as “all baloney. I think it’s just some scheme.” Paul Broun (R-Georgia) says that “Scientists all over this world say that the idea of human-induced global climate change is one of the greatest hoaxes perpetrated out of the scientific community.”

Continue reading ‘Rep. Paul Broun (R-GA): An Anti-Science Legislator Who Serves on the House Committee on Science, Space, and Technology’

Pastors Take on the IRS

Respectfully Submitted by Lawrence Rafferty (rafflaw)-Guest Blogger

In light of the ever-increasing influence on National and local politics by churches and clergy, I was interested in the recent news that over 1,000 churches will be challenging the IRS by telling their parishioners who they want them to vote for in the upcoming national elections.  The event is dubbed “Pulpit Freedom Sunday” by its organizers and it is designed to challenge the IRS on its prohibition of churches from intertwining politics and religion, as a requirement of maintaining their tax-free status. Continue reading ‘Pastors Take on the IRS’

Privatizing the District Attorney?

Respectfully submitted by Lawrence Rafferty (rafflaw)-Guest Blogger

I have to admit that I do not shock too easily.  However, when I read an article this morning in the New York Times, I was taken back by the news.  It seems that private debt collection companies across the United States have partnered with District Attorneys offices, to use the threat of criminal charges being filed against consumers in attempts to collect on alleged bounced checks to merchants.  The fact that people were being threatened by collection companies did not surprise me.  It was the fact that the veiled threats to the consumers were sent on District Attorney or Prosecutor letterhead that amazed me!  Continue reading ‘Privatizing the District Attorney?’

“This Changes Everything”

Submitted by: Mike Spindell, guest blogger

Our memories not only serve the purpose of learning to avoid danger from past experience, they serve as the glue that holds our sense of our fleeting lives together into a linear personal narrative. For all of us most memories are specific to our direct life experiences. There are some memories though transcending personal encounters and that directly affect us as well as society as a whole. The murder of John F. Kennedy is one such experience from my life that profoundly affected me and my generation, even though all I knew of the man was third hand at best. Closer in time but equally, if not more indelible is the image of the destruction wrought on the World Trade Center on 9/11/2001. I would guess that almost all Americans who were alive on that day know where they were and what they were doing. This past week we passed the eleventh anniversary of this horror and innumerable solemn observances occurred throughout the nation.

I can remember one phrase that began to be used over and over from that day onward and my rising anger at the implications of that phrase. “This Changes Everything”. I’ve not been able to determine what news-person or pundit first uttered those words, but afterwards the phrase reverberated incessantly. As that fateful day passed, what took shape in the meme those words created, was that the United States had undergone an experience that changed all the rules we had purportedly lived by in dealing with the world around us. In effect it was like saying “No more Mr. Nice Guy”. Whether or not our country ever lived by the ideals it purported to live by is another question entirely. My anger rose at the overuse of this meme because I’ve spent my life wanting my country to live by a higher standard in both national and international relations. I correctly saw this meme as an attempted usurpation of this tragedy towards turning our country away from our national ideals, such as they were. As the years passed since 9/11/2001, we have watched the erosion of these America Ideals. Two murderous wars have been waged. Hundreds of thousands have died, or been maimed. Our “national treasure” depleted, torture has become legalized and with the passage of the “Patriot Act” we have watched the demolition of our personal freedom. With this anniversary, two articles appeared nationally that call into question what was really behind 9/11 and also why there was a possibility of deterring it, which was ignored by the G.W. Bush Administration. I want to discuss both of these articles and then add my own thoughts on their real context. Continue reading ‘“This Changes Everything”’

THE IMPROPRIETY OF TORTURE

Below is my column today in USA Today on the closure of the final torture investigation by the Obama Administration. Notably, in light of the rift with civil libertarians and his move to the right on national security matters, Obama is not running on civil liberties in this election or claiming to be champion for such rights. Likewise, liberal newspapers and commentators have criticized the Obama Administration and the Democratic Party for rolling back on strong language in the prior 2008 platform to civil liberties in the Democratic platform. The downgrading of civil liberties by the Democratic Party leaves civil libertarians without even a pretense of a party or candidate championing the cause in this election. In a prior column one year ago, I complained that President Obama had not just killed certain civil liberties but killed the civil liberties movement in the United States. That appears reflected in the tepid response to these issues in the party platform. Of course, while party platforms can be dismissed as meaningless statements, the final closure of the last torture investigations without a single criminal charge promises to have a more lasting impact on the law and our record on civil liberties and human rights. Here is today’s column:
Continue reading ‘THE IMPROPRIETY OF TORTURE’

Who Really Creates Jobs?

Respectfully submitted by Lawrence Rafferty (rafflaw)- Guest Blogger

We have heard for years now that the wealthy and corporations need their tax cuts because without them jobs will not be created and the economy could fall back into recession. I guess I first heard of this concept during the Reagan years with the so-called “trickle down” economics.  The claim that economic benefits and improvements trickle down from the very wealthy to the middle class and the poor was one that helped ride Reagan into office and continues to be claimed by some as the way out of recession.  Indeed, the Republicans, since the George W. Bush administration have been insistent that the tax cuts for the wealthy are the key to promote increased employment for the country.

It is time that we look deeper into the claim that lowering taxes for the wealthy and for corporations will actually increase employment and separate the truth from fiction.  “Based on IRS figures, the richest 1% nearly tripled its share of America’s after-tax income from 1980 to 2006. That’s an extra trillion dollars a year. Then, in the first year after the 2008 recession, they took 93% of all the new income.  Wealth is even more skewed. The richest 10% own 83% of financial wealth, which they’ve skillfully arranged to be taxed at just 15%, ostensibly because they pump that money back into job-creating ventures.”  Common Dreams   Continue reading ‘Who Really Creates Jobs?’

Judge Rejects Obama’s Gitmo Rules

-Submitted by David Drumm (Nal), Guest Blogger

Royce C. Lamberth, chief judge of the United States District Court for the District of Columbia, issued what has been termed a “scathing” opinion in which he writes that the Obama administration’s superseding of “the Court’s authority is an illegitimate exercise of Executive power.” Lamberth has gained a reputation for his unique writing flair, and this opinion, which includes a line from Shakespeare, is no exception.

Continue reading ‘Judge Rejects Obama’s Gitmo Rules’

My Interview With John Cusack on Civil Liberties and Obama

On Huffington Post this week, John Cusack has published an interview with me on the record of the Obama Administration. For full disclosure, John and I grew up together in Chicago and our families have been very close since childhood. With John, I was part of the Piven Theater company with Anne and Joan Cusack (also with Aidan Quinn, Jeremy Piven, Bill Macey, and others involved with the company). John and I continue to discuss politics and philosophy – a regular past time over the holidays for decades over kitchen tables in Evanston and Chicago. In this interview, we shared some of our mutual sense of betrayal by President Obama of core civil liberties in the United States. I have previously written (See e.g., here and here and here) about the harm caused to civil liberties by Obama as well as the harm he has caused to the civil liberties movement. This is also a debate that we have had on this blog over the dilemma facing many civil libertarians voting in this election.

Continue reading ‘My Interview With John Cusack on Civil Liberties and Obama’


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