Archive for the 'Courts' Category



The Most Important Human Rights Issue: Women

Submitted by: Mike Spindell, guest blogger

Sometimes an idea hits me leading to an epiphany. Epiphanies for me usually take the shape of the realization that a Woman_Montage_(1)belief I’ve held for a long time, is actually more important in the scheme of things than I had previously thought about. This happened with me some few years ago when the opposition to gay marriage defeated a voter initiative. I had been a believer in the need for equality for Gay men and women since I was a teenager. After all the bullies who were beating me up kept calling me a “fag, or “queer” and while I wasn’t, I got insight into what it must be like to be homosexual. In life you have the choice of identifying with the bully, or those who are bullied. I’ve always chosen the latter. So as a young adult I cried tears of joy when “Stonewall” happened and the police found that Gays would no longer be easy targets. Working for NYC’s Human Rights Administration and then living in Manhattan gave me the privilege of meeting and befriending Gay people of both sexes. When AIDS hit the scene I had many friends die and I worked to help the Division of Aids Services as a Budget Director. Yet while I always completely supported LGBT rights, for a while I believed the focus on Gay Marriage, shouldn’t be in the forefront of the movement. The argument over Proposition 8 in California http://en.wikipedia.org/wiki/Proposition_8  gave me an epiphany that led me to see that not only was the right to marriage an essential part of ensuring the Constitutional Rights of Gay people, but it was the key element. Being unable to assist in the health care choices of long term partners, in some cases even being barred from the funerals, or participating in ones’ partners Health Plan are important Constitutional issues and the essence of the battle. Continue reading ‘The Most Important Human Rights Issue: Women’

Culpeper Police Officer Found Guilty In Shooting

-Submitted by David Drumm (Nal), Guest Blogger

patricia cookWe have previously discussed the fatal shooting of an unarmed Patricia Ann Cook, 54, by Daniel Harmon-Wright, at the time a Culpeper, Virginia police officer. Cook was in her Jeep Wrangler in a church parking lot. Harmon-Wright had claimed his arm was caught in the car’s window as Cook drove away. This claim was disputed by an eyewitness. Cook was shot seven times.

Continue reading ‘Culpeper Police Officer Found Guilty In Shooting’

Eye For An Eye Argument? Mistrial Declared After Victim’s False Eye Pops Out While On The Stand

220px-ScleralLens1This is a problem that you don’t encounter everyday in court. Matthew Brunelli, 23, is being prosecuted for aggravated-assault for allegedly punching John “Big Red” Huttick so hard in the left eye during a bar fight in August 2011 that the eye had to be surgically removed. Big Red was on the stand tearfully recounting the fight when his glass eye popped out and he caught it in his hand in front of jurors. Common Pleas Judge Robert P. Coleman granted a defense motion for a new trial given the expected prejudice caused by the scene against Brunelli.

Continue reading ‘Eye For An Eye Argument? Mistrial Declared After Victim’s False Eye Pops Out While On The Stand’

Nun-Sense: Federal Judge Dresses Up As Nun To Refute Defense Argument And Convict Bank Robber

kennellyphoto48006U.S. District Judge Matthew Kennelly appears to be pushing the limits of judicial notice this week. Kennelly found a defendant guilty after dressing up like a nun to see if her theory held water about determining the race of a bank robber in such an outfit.

Continue reading ‘Nun-Sense: Federal Judge Dresses Up As Nun To Refute Defense Argument And Convict Bank Robber’

Texas Judge Under Investigation For Alleged Prosecutorial Misconduct That Led To Innocent Man Being Sent To Jail 25 Years Ago

District judge Ken Anderson of Williamson County, Texas is now formally under investigation for his alleged role in a gross injustice as a prosecutor. It is an all-too-rare case where a former prosecutor is actually called to account for an injustice. In this case, an innocent man, Michael Morton (shown here), now 58, was wrongly convicted in 1987 for the murder of his wife. Prosecutors failed to turn over key evidence showing that his son clearly stated that it was not his father. Instead, they took a tragic murder of a mother and magnified it by incarcerating the grieving father. Anderson was later selected as “Prosecutor of the Year.” We previously discussed the case.

Continue reading ‘Texas Judge Under Investigation For Alleged Prosecutorial Misconduct That Led To Innocent Man Being Sent To Jail 25 Years Ago’

Illinois Judge From Not Guilty By Reason of Insanity . . . And May Now Return To The Bench

We previously discussed the bizarre case of Cook County Judge Cynthia Brim, a judge in Markham, Illinois who has been barred from entering the courthouse without police escort and has a prior arrest for assault. Despite long opposition from bar groups and her claiming insanity as a defense to the charge, Cook County voters returned her to the bench in a recent election. Now, Brim has been cleared of the criminal charge by reason of insanity and can now be cleared to resume judging other people in Cook County . . . thanks to voters who clearly reelected her on a basis other than competence, record, or sanity.

Continue reading ‘Illinois Judge From Not Guilty By Reason of Insanity . . . And May Now Return To The Bench’

Privatized Prisons a Bad Idea Gets Worse

Submitted by: Mike Spindell, guest blogger

HK_Central_Statue_Square_Legislative_Council_Building_n_Themis_sI don’t usually hold with simplified solutions to certain problems we all face but one comes to mind based on an article I read just now. A reasonable person should vote against any, I mean ANY, politician who has done, or is willing to do anything positive towards continuing the practice of privatizing the prison system on any level of government. From a standpoint of our Constitution I believe that the concept violates it, in spirit, if not in fact. From a fiscal point of view I believe that there is no cost effectiveness in privatizing a prison system. From an ethical position I believe that punishment by our criminal justice system is a government function and can not be given to private contractors without abuses coming. Finally, from a humane standpoint I believe that running a prison on a for-profit basis will never live up to the standards of humane treatment even the worst of prisoners deserve. The institution of a private prison system is a call for corruption just as in the case of the two Pennsylvania Judges convicted of wrongly accepting bribes to sentence minors to a private prison run for minors. This was the infamous “Kids for Cash” case which resulted in prison for these venal, loathsome jurists. http://en.wikipedia.org/wiki/Kids_for_cash_scandal I believe that cases and corruption such as this are the inevitable result of prison privatization and I believe that we are going to see more and more of it today.

The article which appears in today’s Huffington Post is titled: Lake Erie Correctional Institution, Ohio Private Prison, Faces Concerns About “Unacceptable” Conditions”. The issues discussed in this brief article highlight all that I think is wrong about maintaining a privatized prison system and about the abuses that spring naturally from the concept. The article even touches on why the initial cost benefit put forth by private companies and by the politicians they convince to back their idea, is unreal and actually leads to greater expense on borne by the government and its citizens. Continue reading ‘Privatized Prisons a Bad Idea Gets Worse’

The Obama Administration’s Inspector Javert: Federal Court Rejects Forfeiture Effort By The Office Of Carmen Ortiz In Stinging Rebuke

Carmen-Ortiz-144x150We previously discussed the ignoble role played by U.S. Attorney Carmen Ortiz in the prosecution of Aaron Swartz, who committed suicide after being relentlessly pursued by her office in a questionable prosecution. As critics around the world questioned her methods and judgment, Ortiz issued a less than credible defense of the case. Now her office is again the subject of allegations of excessive prosecution of a small motel owner where her staff sought to seize his property.

Continue reading ‘The Obama Administration’s Inspector Javert: Federal Court Rejects Forfeiture Effort By The Office Of Carmen Ortiz In Stinging Rebuke’

Ohio Woman Attacked By Ex-Boyfriend After Judge Leaves Them Alone In Court To Look Into Her Requested Protective Order

rashadgreenecourtroom-assultThere was a highly disturbing scene in a Domestic Relations courtroom this month after a judge left a woman with her ex-boyfriend in a room despite her saying that she was fearful of him and seeking protection. In the video below, Rashad Greene, 30, proceeded to attack Dominique Morrow, 28, in the courtroom.

Continue reading ‘Ohio Woman Attacked By Ex-Boyfriend After Judge Leaves Them Alone In Court To Look Into Her Requested Protective Order’

Anatomy of a DUI: Witness Takes Fifth In Bizarre Trial Of “Bubba the Love Sponge”

200px-Anatomymurder_trailer_2Who said law was boring? In the trial of shock jock Bubba the Love Sponge Clem in Tampa, an attorney has alleged that he was set up by the opposing law firm in a DUI arrest in the midst of the high-profile trial. The story has everything: an obnoxious defendant, a castrated pig, an attractive young female legal assistant, a missing briefcase filled with trial papers, and a double set-up plot. It is a DUI version of Anatomy of a Murder except the James Stewart never finishes the trial because he is found in a car inebriated with Lee Remick.

Continue reading ‘Anatomy of a DUI: Witness Takes Fifth In Bizarre Trial Of “Bubba the Love Sponge”’

Carmen Ortiz: Prosecution for Political Ego?

Submitted by: Mike Spindell, guest blogger

HK_Central_Statue_Square_Legislative_Council_Building_n_Themis_sOne of the main concerns we Americans should have is about the state of our criminal justice system. How a society deals with the issue of criminality is one of the ways that we all can judge its freedom from oppression. This country has been selling our “democracy” to the world for 8 decades now as an example of how a modern nation should operate. Continue reading ‘Carmen Ortiz: Prosecution for Political Ego?’

Court Rules Obama Appointments Violated The Constitution

PresObamaA year ago, I testified in Congress that the recess appointments of President Barack Obama were unconstitutional. Those four appointments by President Obama included Richard Cordray, who had been denied confirmation to a consumer protection board in a Republican filibuster. While I liked Cordray, I testified that the appointments were in my opinion clearly unconstitutional. The D.C. Circuit has now agreed with that view and the panel unanimously ruled that Obama violated the Constitution with his circumvention of Congress.

Continue reading ‘Court Rules Obama Appointments Violated The Constitution’

Supreme Court Refuses To Hear Illinois Cross Case

BaldknobcrossThe U.S. Supreme Court this week refused to hear a challenge by an Illinois atheist to the use of public funds to renovate the 111-foot-high Bald Knob Cross of Peace on the highest mountain in Southern Illinois. The court never considered the merits because Robert Sherman was found to have no standing to bring the lawsuit. I have previously written about my opposition to the Supreme Court’s narrow definition of standing — rulings that effectively insulate some constitutional violations from review as in our lawsuit against the Libyan war.

Continue reading ‘Supreme Court Refuses To Hear Illinois Cross Case’

Infamous Indian Rape Trial Begins Behind Closed Doors and Under Gag Order

gavel2We have previously discussed the horrific gang rape of a 23-year-old student. The trial is now beginning. However, the court has ordered that it be conducted behind closed doors despite the fact that the victim is dead. In addition, the judge has imposed a gag order on the lawyers. It is a poor decision by the judge and denies the public’s interest to view such trials. While India may not have the same right to public proceedings that we have in the United States, the denial of public access to the trial in such an important case is a terrible judgment on the part of the Court. This case has galvanized public opinion and forced Indian officials to deal with a long-ignored problem of rape in the country. Those officials would prefer for the trial to be conducted in secret.

Continue reading ‘Infamous Indian Rape Trial Begins Behind Closed Doors and Under Gag Order’

MIchigan Supreme Court Justice Hathaway Expected To Plead Guilty On Federal Charges

HathawayWe previously discussed the scandal surrounding Michigan Supreme Court Justice Diane Hathaway who was accused of an array of misconduct leading to her resignation from the Court. Many of us wondered why she had not been hit with a criminal indictment. Now she has. Only a few days before leaving the court, Hathaway is now officially indicted of fraud.

Continue reading ‘MIchigan Supreme Court Justice Hathaway Expected To Plead Guilty On Federal Charges’

Obama’s Race to the Bottom

President_Barack_Obama

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

On the eve of President Obama’s Inauguration for his second term, I thought it might be useful to look more closely at one of his policies that is not working for students or parents. I am referring to his educational policy, better know by its marketing name, Race to the Top.  This “quaint” title for his corporate backed privatizing plan hides the negative impact it has had in the schools themselves.  It is has led to school closings and teacher firings for the sole purpose of school districts being eligible for  the Race to the Top grants from the Federal government!  Continue reading ‘Obama’s Race to the Bottom’

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’

Sister Wives Case Now Set For Final Ruling

240px-sister_wives_tv_series_logoI am still in Salt Lake City, but we have had a great number of inquiries on yesterday’s hearing in the Sister Wives case. The two motions for summary judgment were argued with the state presenting its case through lead counsel Jerry Jenson and my presenting the case for the Brown family. Judge Clark Waddoups was obviously well-versed in the record and asked probing and fair questions to both sides. He has now taken the case under review for a final decision on the merits. I prefer not repeat or comment on statements in court from either myself or the judge. A few articles from the hearing are linked below.
Continue reading ‘Sister Wives Case Now Set For Final Ruling’

Taunt First, Trial Afterwards: Texas Judge Goes To Facebook To Disclose Ticketing Of Texas A&M Football Star

250px-Johnny_Manziel_in_Kyle_FieldMunicipal court judge Lee Johnson in Ennis, Texas, is the latest public official to rush to Facebook like a teenager on a tear. Johnson breathlessly reported that a “certain unnamed (very) recent Heisman Trophy winner” had been ticketed in his jurisdiction — an obvious reference to Texas A&M quarterback and Heisman winner Johnny Manziel. Johnson then wrote “I meant to say ‘allegedly’ speeding, my bad.” It was striking that Johnson thought the problem was not saying allegedly as opposed to his turning into some form of judicial paparazzi.

Continue reading ‘Taunt First, Trial Afterwards: Texas Judge Goes To Facebook To Disclose Ticketing Of Texas A&M Football Star’

Federal Court Set To Hear Final Arguments In Sister Wives Case

On Thursday, the federal court in Salt Lake City is set to hear final arguments in the Sister Wives case. The hearing on the motions for summary judgment will be heard on Thursday, January 17th at the federal courthouse in Room 102 before Judge Clark Waddoups. The Brown family has challenged Utah Code Ann. § 76-7-101 (West 2010) under seven constitutional claims, including due process, equal protection, free speech, free association, free exercise, the establishment of religion, and 42 U.S.C. § 1983. As lead counsel, I am limited in what I can say about the case publicly beyond the statement below.

Continue reading ‘Federal Court Set To Hear Final Arguments In Sister Wives Case’

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

220px-Army_mil-2007-03-21-084518

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?’

Michigan Justice Diane Hathaway Resigns After Agency Accused Her Of “Blatant and Brazen Violations”

HathawayMichigan Supreme Court Justice (and former prosecutor) Diane Hathaway has resigned from the state’s highest court after a judicial agency accused her of “blatant and brazen violations” of judicial ethics that include allegations of bank fraud, tax fraud, money laundering and lying to investigators. The alleged facts are quite shocking and lead to the question of why Hathaway has not been charged criminally. In 2008, Hathaway launched a successful Democratic campaign to unseat conservative Chief Justice of the Court, Cliff Taylor. Her heavily negative campaign accused Taylor of failing asleep on the bench and declared “If you see justice in the name, he really belongs in the hall of shame.”

Continue reading ‘Michigan Justice Diane Hathaway Resigns After Agency Accused Her Of “Blatant and Brazen Violations”’

Second Circuit Rejects Middle Finger As A Cry For Help

3682The Second Circuit has reinstated a civil rights lawsuit by former airline pilot John Swartz, a Vietnam veteran who sued after he was arrested in New York for disorderly conduct. Swartz, a Vietnam veteran, says that he was arrested after he signaled his displeasure with a speed trap by extending his middle finger in a universal sign of contempt. The officer however insisted that he took the gesture as a cry for help and followed Swartz. The case is Swartz v. Insogna, 2013 U.S. App. LEXIS 186 (2d Cir. 2012).

Continue reading ‘Second Circuit Rejects Middle Finger As A Cry For Help’

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’

Who Is Your Co-pilot?

Or is he?

Or is he?

by Gene Howington, Guest Blogger

While touring about America’s roadways, it’s not unusual to see a vanity plate or bumper sticker that says “God Is My Co-Pilot”. It’s not unusual to see someone with a dog as a co-pilot. Can a corporation be your co-pilot?

We’ll soon find out thanks to Citizens United and Jonathan Frieman of San Rafael, California.  Mr. Frieman was pulled over for driving alone in the carpool lane.  He argued to the officer that he did actually have a passenger. In the form of articles of incorporation.  Upset (and reasonably so) over the Citizens United ruling, Frieman says he had been trying for years to get pulled over, ticketed and get a chance to take his argument to court that corporations and people are not the same.  His mission was accomplished in October when he was pulled over for driving alone in an HOV lane, ticketed and slapped with a $481 minimum fine.

It’s a common sense argument based in the reality that corporations are a legal fiction and not a real person. We’ve seen this argument in play here and in other media since the controversial – many if not most might say ridiculously bad – decision of Citizens United was rendered in 2010. But will it work in traffic court?

Continue reading ‘Who Is Your Co-pilot?’

“Les Miserables” and the Shape of Things to Come

Submitted by: Mike Spindell. guest blogger

200px-EbcosetteOn New Year’s Eve my wife and I saw the movie “Les Miserables”. We’d seen the musical on Broadway and had been enchanted by it. The music from it is superb and this musical fully deserves all the acclaim it has received through the years. As much as I loved the stage version of “Le Mis”, the movie took all of the greatness of the stage and added something to the mix that lifted it into subversive social commentary. That is what I’m going to write about, but first for those who are unfamiliar with either the source book, or the musical adaptation, a very brief synopsis is needed to set the scene.

The story begins after the French Revolution and the defeat of Napoleon. The Royal Dynasty has been restored to power and the freedoms of the Revolution have been lost. The protagonist of this work is Jean Valjean. He was sentenced to twenty years of hard labor because of the ramifications of his stealing a loaf of bread for his starving sister. Imprisoned he is noticed by one of his Jailers,  Javert, who notes Valjean for his almost super-human feats of strength. Valjean is paroled after serving his time and subsequently breaks parole. He is chased by Javert for the rest of the tale. The plot of the 1,900 page (in French) novel is summarized in detail at this link: http://en.wikipedia.org/wiki/Les_Mis%C3%A9rables  Details of the play and the movie are available here: http://www.lesmis.com/.

The ingredient added to the movie, which couldn’t have been done on stage were scenes depicting the abject poverty of the common people and the poor. With the visual nature of film and what will probably be Academy Award makeup, costuming and art direction, you can see a recreation of  the life of the French lower classes in the 18th Century. These descriptions run true to the original novel which was so rich with detail. The book “Les Miserables” was intentionally revolutionary for its time as best summed up by the author Victor Hugo in the preface to the novel:

“So long as there shall exist, by reason of law and custom, a social condemnation, which, in the face of civilization, artificially creates hells on earth, and complicates a destiny that is divine, with human fatality; so long as the three problems of the age—the degradation of man by poverty, the ruin of women by starvation, and the dwarfing of childhood by physical and spiritual night—are not solved; so long as, in certain regions, social asphyxia shall be possible; in other words, and from a yet more extended point of view, so long as ignorance and misery remain on earth, books like this cannot be useless.”

Hugo’s eloquence above and its implications for our current time is the subject that I want to discuss. Continue reading ‘“Les Miserables” and the Shape of Things to Come’

Hearings Resume In World Bank Case

As reported in the media, we resumed hearings this week in the the World Bank case (Chang v. United States) with testimony from the top lawyer at the Metropolitan Police Department, Terry Ryan, as well as other officers.

Continue reading ‘Hearings Resume In World Bank Case’

Who Occupied the Occupy Movement?

220px-Day_60_Occupy_Wall_Street_November_15_2011_Shankbone_43Respectfully submitted by Lawrence E. Rafferty (rafflaw)-Guest Blogger

If you are like me, you remember the violent response by the FBI, DHS and local police forces to the many “Occupy” movement protests last Fall.  In those protests, the police used incredible force and firepower to break up peaceful protests and make a mockery of the First Amendment.  The police responses always seemed to be coordinated from city to city and there were allegations that the FBI and other governmental agencies were aiding the local authorities in stamping down the First Amendment rights of the Occupy protestors.  Now, a treasure trove of documents was released pursuant to a Freedom of Information request by a group called The Partnership for Civil Justice Fund.  Those documents expose a level of governmental intrusion into the privacy of protestors and governmental and private bank partnerships designed to crack down on legal protestors. Continue reading ‘Who Occupied the Occupy Movement?’

Poly Prep Settles Sex Abuse Lawsuit

-Submitted by David Drumm (Nal), Guest Blogger

Poly PrepPoly Prep Country Day School (known familiarly as “Poly Prep”) is an elite K-12 private school located in Brooklyn, New York. In 1966, Poly Prep hired Phil Foglietta as a phy-ed teacher and coach of its woeful football team. The complaint, filed with the U. S. District Court Eastern District of New York, alleges that Foglietta sexual abused of dozens if not hundreds of boys.

Continue reading ‘Poly Prep Settles Sex Abuse Lawsuit’

Merry Christmas!!!

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

Saudi Editor Faces Death Penalty For Apostasy Due To Writings About Religion

125px-Flag_of_Saudi_Arabia.svgA Saudi court has ordered the editor of a Saudi Arabian website to be tried for apostasy, and possibly executed, due to his criticism of the role of religion in the Saudi Kingdom. Raif Badawi, the founder of the Free Saudi Liberals website, was arrested in June and originally charged with insulting Islam. The court has now upgraded the charge to apostasy.

Continue reading ‘Saudi Editor Faces Death Penalty For Apostasy Due To Writings About Religion’

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’

The Unimperial President

-Submitted by David Drumm (Nal), Guest Blogger

madisonMost wartimes presidents are not known for their preservation of civil liberties. Lincoln’s suspension of the writ of habeas corpus and Roosevelt’s internment of Americans of Japanese descent are infamous examples. During the War of 1812, President James Madison, whether through principles or practicality, or a combination of both, set an example that no other president has followed. Biographer Ralph Ketcham deemed Madison the “unimperial president.”

Continue reading ‘The Unimperial President’

Georgia Judge Pleads Guilty To Felony Theft — Eighth State Judge To Leave Bench For Corruption

WiseGeorgia Camden County Probate Judge Shirley Wise has pleaded guilty to three felony charges and resigned her judgeship this week — the state’s eighth jurist to leave office for misconduct. What is astonishing is the decision to allow Wise to avoid any jail time given her confession to theft by taking, theft by deception, and violation of her oath of office.

Continue reading ‘Georgia Judge Pleads Guilty To Felony Theft — Eighth State Judge To Leave Bench For Corruption’

California Prison Violations Trigger Wage War Leading To $822,000 Salary For Prison Doctor

140px-Seal_of_the_Calirfornia_Department_of_Corrections_and_RehabilitationMohammad Safi appears to have found the American dream. In 2006, Safi graduated from a medical school in Afghanistan. He then came to the United States and began working as a psychiatrist at a California mental hospital. By 2010, he made $822,302. As California struggles with this economic crisis and shuts down needed social programs, the state is still paying absurd annual salaries like Safi’s. His windfall is due entirely to the failure of the correctional department to meet minimal standards of care for prisoners. The state waited to be ordered to meet mental health standards before having to go into a bidding process to quickly secure such doctors. This set off an instant wage war with the mental health department, which had to bid higher for its doctors. The result? Some 16 California psychiatrists, including Safi, made more than $400,000

Continue reading ‘California Prison Violations Trigger Wage War Leading To $822,000 Salary For Prison Doctor’

The Absurd Reduction: Scalia Reaffirms Comparison of Homosexuality To Bestiality

AntoninScaliaU.S. Supreme Court Justice Antonin Scalia was at it again yesterday. I have previously criticized Scalia’s apparent insatiable appetite for public notoriety, including violating judicial ethical rules by discussing issues in pending cases. He is the very model of the new celebrity justice that I have criticized in past columns (here and here and here). Now, at Princeton while pitching his latest book, “Reading Law,” Scalia succeeded in not only discussing an issue in two pending same-sex marriage cases but reaffirming homophobic prejudices. Scalia was questioned about his controversial comments equating homosexuality with bestiality by a gay student. Scalia admitted that such comparison are “not necessary, but I think it’s effective.” That appears to be the standard used by this justice in using profoundly insulting language: whether it is effective prose or argument. I will be appearing on Lawrence O’Donnell tonight on MSNBC with the student, freshman Duncan Hosie.

Continue reading ‘The Absurd Reduction: Scalia Reaffirms Comparison of Homosexuality To Bestiality’

West Virginia Board Recommends Judge’s Suspension Until 2016 In Part Based On His Demeanor In Disciplinary Hearing

SZ200_cwatkinsWe previously discussed the on-going saga of West Virginia Judge William “Chip” Walkins III who verbally attacked Rev. Arthur DR. Hage, 63, in a divorce case, screaming for him to “Shut up” and accusing him of telling a “damn lie.” It was not the only such incident of abusive behavior and Watkins has now been hit by a recommendation that he be suspended for the rest of his term. That suspension extending to 2016 is justified in part on what the hearing board found to be his glaring and hostile posture toward one of his accusers.

Continue reading ‘West Virginia Board Recommends Judge’s Suspension Until 2016 In Part Based On His Demeanor In Disciplinary Hearing’

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’

Judge Accused Of Impregnating Litigant

-Submitted by David Drumm (Nal), Guest Blogger

McCree and MottWe have previously discussed Wayne County Circuit Judge Wade H. McCree after he sent a nearly naked picture of himself to his bailiff, here and here. Geniene La’Shay Mott (left with McCree) brought her ex-boyfriend, Robert King, into court on felony charges for non-payment of child support. The presiding judge in her case was none other than McCree.

Continue reading ‘Judge Accused Of Impregnating Litigant’

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

Windsor03

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’

OUR STUDENTS DESERVE DUE PROCESS

600px-US-DeptOfEducation-Seal.svgBelow is my column this morning in USA Today on a campaign by the Obama Administration to pressure colleges and universities to reduce due process protections for students accused of sexual harassment and sexual violence. I have previously written a letter to my own university opposing some of these specific changes, though (like many schools) George Washington appears to be yielding to the pressure. I understand the concern of the Administration and the need to protect victims in this difficult process. We are all committed to maintaining a protective environment for both students and faculty. However, there are other ways to offer such protections without stripping away core due process protections in my view. My greatest concern is with the sexual violence cases because these adjudications will have a lifelong impact on the students (or faculty members) as well as consequences for collateral criminal proceedings. The column below is slightly expanded with material cut for space in the newspaper version.

Continue reading ‘OUR STUDENTS DESERVE DUE PROCESS’

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′

Federal Judge Enjoins California’s Conversion Therapy Ban

California flagU.S. District Court Judge William Shubb has issued a temporary injunction to block enforcement of California’s ban on licensed psychotherapists treating gay minors to change their sexual orientation. Such conversion or reparative therapy was declared scientifically unsupported and potentially harmful. When enacted, some of us raised concerns under the first amendment. Shubb found those concerns to be critical in imposing the injunction.

Continue reading ‘Federal Judge Enjoins California’s Conversion Therapy Ban’

Islamists in Yemen Unleashed Campaigns Of Crucifixions, Amputations, and Atrocities Under Sharia Justice

220px-Traditional_Ethiopian_pictureA new report by Amnesty International reveals in chilling detail how an al-Qaeda affiliate took control of Yemen Abyan province and unleashed a “human rights catastrophe” of Sharia-based “justice” from beheadings, crucifixions, and amputations. In one case, a woman accused of sorcery (a charge we have seen in other Muslim countries like Saudi Arabia) was beheaded and her head then paraded through the streets of a town.

Continue reading ‘Islamists in Yemen Unleashed Campaigns Of Crucifixions, Amputations, and Atrocities Under Sharia Justice’

Illinois Judge Faces Discipline After Viewing Porn In Courthouse

200px-La_grande_Epidemie_de_PORNOGRAPHIEWill County Judge Joseph C. Polito in Illinois has become the latest case of disciplinary action for watching pornography on a work computer. Polito’s use of the courthouse computer was detected on a regular check of the computer system and, to his credit, Polito admitted the misuse. The question has now become the appropriate punishment for two counts under the Illinois judicial code.

Continue reading ‘Illinois Judge Faces Discipline After Viewing Porn In Courthouse’

Louisiana School Voucher Program Ruled Unconstitutional in State Court

Louisiana SealBobbyJindal1Submitted by Elaine Magliaro, Guest Blogger

In August, I wrote a post about Louisiana’s new school voucher program (Stateside Louisiana: School Vouchers and the Privatization of Public Education) that would use tax dollars earmarked for public education to pay for students’ tuitions to private and religious schools. Last week, State District Judge Tim Kelley “declared the diversion of funds from the Minimum Foundation Program (MFP) — the formula under which per pupil public education funds are calculated – to private entities was unconstitutional.” The voucher program is funded by a block-grant program that “Judge Kelley ruled is restricted by the constitution to funding only public schools.”

“Nowhere was it mandated that funds from [the block-grant program]…be provided for an alternative education beyond what the Louisiana education system was set up for,” he [Judge Kelley] wrote. The state can legally fund vouchers, but the funding “must come from some other portion of the general budget,” Judge Kelley said.

The judge, however, did not issue an immediate injunction to stop the voucher program. “The 5,000 students currently receiving vouchers will be able to continue attending their private schools pending an appeal, state officials said.”

Continue reading ‘Louisiana School Voucher Program Ruled Unconstitutional in State Court’

My How Things Have Changed

Submitted by: Mike Spindell, guest blogger

eisenhower saying

goldwater saying

One of the sad lessons one learns, if they live long enough, is that permanency is an illusion. There was a time when most Conservatives in the United States actually cared about the country and its’ people. It’s not that I’m wistful for some bygone era that exists only in my mind, because I’m well aware that the 40’s, 50’s and 60’s were tumultuous times for many including myself.  Nor do I have any great love for Dwight Eisenhower and/or Barry Goldwater who I did not vote for in 1964. Yet with all their conservative beliefs, these were men who actually understood something about the needs of people and the motives of some who would call themselves religious leaders. Many of us who have lived long lives remember when the public political discussion in this country contained actual, factual debate, containing depth of ideas, rather than the invective we hear today. The Republicans of the Eisenhower era understood that there was a social contract that existed in this country to ensure that there was a healthy, financially flourishing Middle Class, which is the engine that drives a prosperous modern society. Also  Barry Goldwater, who was known as “Mr. Conservative” understood the danger that the Religious hucksters had for his party and the necessity of politicians to compromise. He would ridicule those prominent politicians in his party who would reject the ideas of evolution and blind themselves to science. He also really did believe that government had no business prying into essentially private matters. I disagreed with him on most things, but I at least could respect him, which I can’t do for many prominent politicians of today.

What happened?  You know I’ve written about my theories in many of my guest blogs, what are yours?


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