Archive for the 'Justice' Category



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’

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’

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’

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?’

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’

You Call This Justice? DOJ Criticized for Its Settlement with “Too Big to Jail” Bank HSBC

DeptofJusticeSubmitted by Elaine Magliaro, Guest Blogger

Federal officials appeared quite pleased with themselves earlier this week when they announced their $1.9 billion settlement with HSBC. HSBC, the world’s third largest bank, has been accused of laundering money for Colombian and Mexican drug cartels and clients with ties to terrorists.

Lanny Breuer

Lanny Breuer

In July, a Senate Permanent Subcommittee on Investigations released a report about its probe into HSBC and its shady financial dealings. The subcommittee found that HSBC and its affiliates in the United States “exposed the U.S. financial system to a wide array of money laundering, drug trafficking, and terrorist financing risks due to poor anti-money laundering (AML) controls.”

Democratic Senator Carl Levin of Michigan, chairman of the subcommittee, said:

“In an age of international terrorism, drug violence in our streets and on our borders, and organized crime, stopping illicit money flows that support those atrocities is a national security imperative. HSBC used its U.S. bank as a gateway into the U.S. financial system for some HSBC affiliates around the world to provide U.S. dollar services to clients while playing fast and loose with U.S. banking rules. Due to poor AML controls, HBUS exposed the United States to Mexican drug money, suspicious travelers cheques, bearer share corporations, and rogue jurisdictions. The bank’s federal bank regulator, the OCC, tolerated HSBC’s weak AML system for years. If an international bank won’t police its own affiliates to stop illicit money, the regulatory agencies should consider whether to revoke the charter of the U.S. bank being used to aid and abet that illicit money.”

Continue reading ‘You Call This Justice? DOJ Criticized for Its Settlement with “Too Big to Jail” Bank HSBC’

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’

Obama Declares Pot Enforcement Will Not Be Priority In Legalization States While Justice Department States There Will Be No Change In Federal Enforcement

marijuana_leafPresObamaAs we discussed earlier, the Justice Department issued a statement after the passage of state laws legalizing marijuana that they would not affected federal enforcement. Obama officials also stated after the election (after being silent during the campaign) that marijuana policy would not change. Now, President Obama has given an interview that the federal government will not make enforcement a “priority” against recreational users. This is being billed as a major scope on “Obama’s pot problem.” However, there may be less than meets the eye here. He does not address the organizations and distributors of legal marijuana, which his Administration has cracked down on for the last four years. It also raises an interesting contradiction with other fields where Obama had insisted that matters are left to the Justice Department on questions of enforcement.

Continue reading ‘Obama Declares Pot Enforcement Will Not Be Priority In Legalization States While Justice Department States There Will Be No Change In Federal Enforcement’

What You Should Know about the Campaign to Fix the Debt and the CEOs Involved in Deficit Talks

FixtheDebtReportSubmitted by Elaine Magliaro, Guest Blogger

Have you heard about the Campaign to Fix the Debt? It sounds like an initiative that our country needs at this time. Mark MacKenzie, president of the New Hampshire AFL-CIO, said the campaign “presents itself as a grassroots, bipartisan organization that is committed to lowering our debt. It sounds good, especially in today’s environment of extreme partisanship and political maneuvering.”  Mackenzie warns, however, that Fix the Debt’s “major contribution to the conversation over the fiscal cliff is that while the George W. Bush tax cuts for the wealthy and corporations should be off the table, Americans’ retirement security and health care most definitely should [not] be.”

The Institute for Policy Studies claims that the Fix the Debt initiative is driven by business and is actually using the fear of going over the fiscal cliff “as a cover for tax-code changes that would damage our economy.” The institute found that Fix the Debt “has raised $60 million and recruited more than 80 CEOs of America’s most powerful corporations to lobby for a debt deal that would reduce corporate taxes and shift costs onto the poor and elderly.”

Scott Klinger, co-author of a report produced by the institute titled The CEO Campaign to “Fix” the Debt said, “The ‘Fix the Debt’ CEOs are trying to pass themselves off as noble leaders who are willing to compromise in order to save America from financial ruin. In reality, the campaign is a Trojan horse concealing massive corporate tax breaks that would make our debt situation much worse.”

Continue reading ‘What You Should Know about the Campaign to Fix the Debt and the CEOs Involved in Deficit Talks’

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’

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′

See the Future, Be the Future

Faux-Propaganda poster ft. Mayor Bloomberg by Essam Attia

Faux-Propaganda poster ft. Mayor Bloomberg by Essam Attia; note the intentional misspelling.

by Gene Howington, Guest Blogger

“I was a peripheral visionary. I could see the future, but only way off to the side.” – Steven Wright

“Those who cannot remember the past are condemned to repeat it.”

“Fanaticism consists in redoubling your effort when you have forgotten your aim.” – George Satnayana in “Life of Reason, Reason in Common Sense”

This last week an artist became the message of his own art. While this may be poetic, it is also an injustice and a abridgement of his 1st Amendment rights.  Fake Soviet style propaganda posters appeared around New York City corresponding to the opening of the U.N. General Assembly.  They are the work of 29-year-old street artist Essam Attia, who although he works anonymously like the street artist Bansky, did sign some of the works “Essam”.  The NYPD’s initial response seemed to be proportionate to the act when Police Department spokesman Paul Browne shrugged the stunt off with a bad pun.  “[It] appears to be NYPD critics subjecting us to a droll attack”, he said.  The actual disproportionate response has ended up with Essam Attia being arrested and charged with 56 counts of criminal possession of a forged instrument, grand larceny possession of stolen property and weapons possession – the last charge stemming from an unloaded and unregistered .22 caliber pistol under the artist’s bed.

Continue reading ‘See the Future, Be the Future’

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!’

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!’

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?’

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.

 

Hurricane Sandy and the Social Contract

Mike Appleton, Guest Blogger

The great storm that ravaged the east coast this past week brought into sharper focus than all of the presidential debates combined the central issue facing voters on Tuesday.  Those who continue to believe that we are all in this together applauded the non-partisan meetings between President Obama and New Jersey governor Christ Christie.  The ideologues on the right saw those same meetings as a cynical betrayal of conservative orthodoxy.  Alternatively, they approved the initial response of Rep. Steve King (R. Iowa), who subordinated concern over the needs of the storm’s victims to the question of  what budget cuts would need to be made before providing federal assistance.  These distinct responses accentuated the fact that the election is not about economic policy or religious freedom or the mess in the Middle East.  It is not about climate change or energy independence or immigration reform.  And it is not about abortion or same-sex marriage or the rights of public unions.  At its core, the election is a referendum on affirming or rescinding the social contract.  All the rest is committee work.

Continue reading ‘Hurricane Sandy and the Social Contract’

The Watering Down of the Fourth Amendment

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

We all know or should know the Fourth Amendment and how it protects all citizens from an illegal search and seizure of our property and person.  ‘ “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.’ “  Cornell Law

Over the years, this valuable right has been watered down.  Recently, the Roberts Court heard arguments in a case that did not get much media attention.  That case involved a man who was arrested and detained after a traffic stop just because he had been in an apartment that the police had just exercised a search warrant.  The name of the case is Bailey v. United States and oral arguments in front of the Supreme Court were heard on November 1st, 2012.  Bailey v. United States  The narrow issue that the Supreme Court is deciding is whether an individual can be detained by the police merely because he recently left a residence before the police executed a search warrant at that location.  Sounds like a no brainer, doesn’t it?   Continue reading ‘The Watering Down of the Fourth Amendment’

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?’

The Tea Party and the Florida Supreme Court

Mike Appleton, Guest Blogger

Barbara Pariente graduated with highest honors from Boston University, finished fifth in her law school class at George Washington University and served on Florida’s Fourth District Court of Appeal for almost fifteen years prior to her appointment to the Florida Supreme Court.  Peggy Quince earned a zoology degree from Howard University, a law degree from the Catholic University of America and was a judge on the Second District Court of Appeal for five years, the first African-American woman ever appointed to an appellate court in Florida.  She has been a Florida Supreme Court Justice since 1998.  R. Fred Lewis is an honors graduate of Florida Southern College and was named outstanding senior in his class for his academic, athletic and service accomplishments.  He received his law degree, also with honors, from the University of Miami and served as a law review editor.  He joined the Florida Supreme Court in 1999.

These three jurists, with over thirty years of combined experience on Florida’s highest court, have received numerous awards for their commitment to the law, to their profession and to their communities.  All have received favorability ratings of 90% from members of the Florida Bar.  And all have been targeted for removal in next month’s merit retention election. Continue reading ‘The Tea Party and the Florida Supreme Court’

The Department of Justice Sues Mississippi…Again!

Respectfully submitted by Lawrence Rafferty (rafflaw)- Guest Blogger

I guess I should not be surprised that the State of Mississippi is once again in the news because the Federal Government has filed a Civil Rights lawsuit against it.  The Department of Justice has filed a suit against the State of Mississippi, and the City of Meridian, along with the county and various state agencies, alleging that the defendants have worked to operate a “school to prison” system that allegedly violated the rights of African-American students and students with disabilities.  Continue reading ‘The Department of Justice Sues Mississippi…Again!’

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’

Ethical Relativism: A Good Idea or a Path to Anarchy?

by Gene Howington, Guest Blogger

I had in interesting argument the other night. Not interesting because of the content precisely.  It was old ground about the rationale for being in Iraq and Afghanistan and this person took the position of the post hoc rationalization “to contain Iran” and that – and this was a new one, funny but new – that our reason for being there was based on our need as driven by the hostage crisis of the 70′s.  It wasn’t a match against a skilled opponent.  He was about as smart and skilled at argumentation as a house plant and that is really an insult to house plants.  But what was interesting was when the topic turned to the idea of just wars and ethical relativism.  I’ll  summarize the just war argument to give some context and then show how ethical relativism came into the conversation because it got me thinking about ethical relativism (and its natural cousin moral relativism).  Is it a good idea or a path to anarchy?

Continue reading ‘Ethical Relativism: A Good Idea or a Path to Anarchy?’

Grace Under Pressure: Rev. Phil Snider Speaking “Against” The Inclusion of LGBT Into Springfield’s (Mo.) Non-Discrimination Ordinance

By Mark Esposito, Guest Blogger

Meet Reverend Doctor Phil Snider of the Brentwood Christian Church and consider his fire and brimstone speech on including gay, lesbian, bisexual, and transsexual citizens under the protection of Springfield, Missouri’s anti-discrimination ordinance. Phil did his undergraduate work at Missouri State University (Springfield, MO), then earned his masters degree at Phillips Theological Seminary (Tulsa, OK) and doctorate at Chicago Theological Seminary (at the University of Chicago).

Be sure to listen to the ENTIRE speech (it’s not very long) and be in awe:

That’s real religion!

~Mark Esposito, Guest Blogger

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’

Double Jeopardy

Submitted by: Mike Spindell, Guest Blogger

One of the main problems with any legal principle is that we humans are so complex in our interactions that even the most hallowed of legal principles are bound to run into conflict with a real life situation that turns it on its end and leaves even the most principled among us at a loss. This is why the timeless practice of training lawyers to be able to argue both sides of a case arose. Even those who are most respectful of our legal system and our Constitution, recognize that with the variety of human situations, sometimes the legal process leads to results that are far short of the mark of what a person might consider to be justice. Recently, while watching a TV real life murder show called “Unusual Suspects” I came across a case, whose resolution, left me confused as to whether the result was correct in a Constitutional sense. The first ten amendments to our Constitution that are known as “The Bill of Rights” are legal principles that I hold sacrosanct. Historically, the founders put them in place to safeguard the people from the tyrannies that often flowed from autocratic systems of government. These were principle that history and experience had taught them were necessary to protect and preserve the freedom of citizens.

The Fifth Amendment became famous in the 40’s and 50’s when it was invoked at congressional hearings striving to root out “communists”. People in the glaring spotlight of Congressional Hearings, sworn under oath, would be forced to invoke the Fifth Amendment to assert their right not to incriminate themselves. What was unfortunate about these “witch-hunts” was that according to legal procedure, if the person under oath answered any kind of question it was deemed that their Fifth Amendment Rights had been forfeited, since any answer, no matter how innocuous could be considered to have opened up a line of questioning. Thus if one was asked to discuss where they worked they would have to invoke the “Fifth”, or otherwise be opened to questions on who they worked with. The result of this was that by exercising their Constitutional Rights, these witnesses were made to seem guilty of hiding something, merely by asserting their right to remain silent. People’s careers were destroyed having been guilty of nothing more than associating with people who believed in a different economic system, that wasn’t inherently illegal. As the title indicates I’m writing about another aspect of the Fifth Amendment and the result of a particular murder case that left me intellectually and emotionally conflicted. Continue reading ‘Double Jeopardy’

Throwing Prosecutors Under The Bus

-Submitted by David Drumm (Nal), Guest Blogger

In the case of Fourtin v. Connecticut, the Supreme Court of Connecticut overturned the conviction of Richard Fourtin. Fourtin was convicted of sexually assailing a twenty-five year old woman with significant mental and physical handicaps including cerebral palsy, mental retardation and hydrocephalus. The Court, in affirming the Appellate Court’s judgement, found that the woman could have used “gestures, biting, kicking and screaming” to indicate “her lack of consent to sexual intercourse at the time of the alleged sexual assault.”

Continue reading ‘Throwing Prosecutors Under The Bus’

No Sweat: Scalia Publicly Declares Abortion, Death Penalty, Criminalizing Homosexuality “Absolutely Easy” Questions

Associate Justice Antonin Scalia is again making headlines with controversial public statements. I have previously written about Scalia and the advent of the celebrity justice. Scalia clearly relishes the public attention, even though his public controversies likely cost him the Chief Justice position on the Court. Continuing his celebrity tour before conservative groups, Scalia thrilled his “base” by declaring that the criminalization of homosexuality, abortion, and the death penalty are “absolutely easy” questions.

Continue reading ‘No Sweat: Scalia Publicly Declares Abortion, Death Penalty, Criminalizing Homosexuality “Absolutely Easy” Questions’

Deja Vue in Florida?

Respectfully submitted by Lawrence Rafferty (rafflaw)- Guest Blogger

It seems that trouble is brewing again in the State of Florida since election officials have discovered suspicious voter registration forms in at least 10 Florida counties.  “Florida elections officials said Friday that at least 10 counties have identified suspicious and possibly fraudulent voter registration forms turned in by a firm working for the Republican Party of Florida, which has filed an election fraud complaint with the state Division of Elections against its one-time consultant.”  LA Times  Continue reading ‘Deja Vue in Florida?’

Targeted Hype

-Submitted by David Drumm (Nal), Guest Blogger

We are so kind to ourselves. John O. Brennan, Assistant to the President for Homeland Security and Counterterrorism, repeats the Obama narrative that touts the “surgical” precision and minimization of collateral damage of “targeted killing” using drones. Minimal collateral damage would be zero, however, a study by NYU School of Law and Stanford Law School puts the number of civilians killed between 474 and 881, including 176 children.

The study calls Obama’s narrative “false.”

Continue reading ‘Targeted Hype’

Federal Appellate Court Allows Innocent Man To Sue LAPD After Serving 19 Years For Murder He Did Not Commit

Calling a case “exceptional,” a panel of judges on the United States Court of Appeals for the Ninth Circuit ruled that Harold C. Hall can sue the Los Angeles Police Department after serving 19 years for murders that he did not commit and allegedly confessed to under coercion by the police. The panel began its presentation with the understatement of a lifetime: “Some might call Hall an unlucky fellow.”

Continue reading ‘Federal Appellate Court Allows Innocent Man To Sue LAPD After Serving 19 Years For Murder He Did Not Commit’

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’

Three Victims Sue Theater At Center of Aurora Colorado Shootings

By Mark Esposito, Guest Blogger

Three wounded patrons of the now infamous midnight showing of the latest Batman flick, The Dark Knight Rises, have filed suit against owners of the Aurora 16 movie theater. The negligence suit claims, that despite knowing about the large crowds sure to attend the blockbuster movie premier, movie-house proprietors failed to provide security personnel or door alarm systems that could have prevented the shooter, James Holmes, from unleashing his mayhem.

Continue reading ‘Three Victims Sue Theater At Center of Aurora Colorado Shootings’

Chicago Teachers Take a Stand Against Mayor Rahm Emanuel and His Contract Demands

Submitted by Elaine Magliaro, Guest Blogger

CPS Parent Matt Farmer Puts Penny Pritzker on Trial at CTU’s Stands Strong Rally

Rahm Emanuel promised to “shake up the Windy City’s schools” when he campaigned for mayor of Chicago in 2011. One of his main goals was to change the teacher evaluation process. He is a big proponent of using students’ standardized test scores in determining the effectiveness of classroom practitioners.

Continue reading ‘Chicago Teachers Take a Stand Against Mayor Rahm Emanuel and His Contract Demands’

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’

The Drum Beat Goes On

 

Submitted by: Mike Spindell, guest blogger

The internal combustion engine was an idea that originated in the 18th Century. While various working prototypes were built the concept couldn’t really take off until in the late 1850’s the drilling and refining of petroleum began to blossom. This was a time of the burgeoning Industrial Revolution. In 1885 Karl Benz patented his version of the engine and began producing automobiles. World War I, fought with various forms of mechanized weapons exploded the need for petroleum to fuel them. Major nations began to understand the strategic value of petroleum and the wealth of the Oil Industry began to grow exponentially. By the mid 1920’s the three major oil producers were Saudi Arabia, the United States and the Soviet Union. The oil reserves in Saudi Arabia and in the rest of the Middle East were considered to be the deepest and most valuable. At this point the Middle East, long a backwater in the “Great Game” of nations became the focus of both the industrial nations and of the now dominant Oil Industry.

Much of the history of the Twentieth Century and still today is about the domination of the oil supply. However, as this has played out surrogate issues have been used to provide a mythology to justify intrusions into Middle East that make this economic imperialism palatable to the majority of people. We have watched as Saddam Hussein, a brutal dictator no doubt, was toppled for an act, 9/11, which he had nothing to do with. With our Iraq invasion, hundreds of thousands of Iraqi’s were killed and injured as collateral damage. The cost in the deaths and maiming of our troops was in the tens of thousands. The freedom of the Iraqi people has been improbably lessened, from that of the brutal Hussein regime, which at least was secular and somewhat respectful of women’s rights? The end result though of this unwarranted war was the signing over of Iraqi Oil Rights and the explosion of military spending geared towards various supporters of the Bush regime.

As this is written the drumbeat in the Middle East goes on for intervention to change the regimes in both Iran and in Syria. With Iran it is the supposed threat from their nuclear development (weapons of mass destruction sound familiar) and with Syria it is the removal of a vile, oppressive regime. My own view, which I will elaborate on below, is that in both these instances the reality is quite different from the myth being put forth. I believe that we are being gulled by those who desire American world hegemony via use of our overwhelming military might. There are forces that see the United States morphing into Empire, just as Rome turned from a Republic to an imperial state. While Caesar crossing the Rubicon was represented as the seminal moment in roman transformation, the reality was just as now that the change was a long time coming. Here is my condensed version of how this all came to be and at the end I will provide links that underlie some of my reasoning. Continue reading ‘The Drum Beat Goes On’

Dealing With Iran and Reality

Respectfully submitted by Lawrence Rafferty (rafflaw)-Guest Blogger

We have heard a lot lately from politicians of many stripes claiming that Iran must be stopped at any cost and that their Nuclear program is already a “clear and present danger” to Israel and its allies in the West.  We have had visitors to this site claim that Iran is already a nuclear threat and the Iranian nuclear facilities must be taken out now to protect Israel and our interests in the Middle East.  With that drumbeat of an alleged need to attack Iran, I thought it was especially interesting that the Chairman of the Joint Chiefs of Staff seems to be against the idea of a unilateral strike against Iran, by any country.  Including Israel! Continue reading ‘Dealing With Iran and Reality’


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