It appears that the Uber Taxi driver discussed today is not the only person who is reportedly using the “she asked for it” defense to sexual assault. The Pennsylvania attorney general’s office is blaming a former state prison clerk for her own rape in litigation against the prison. The 24-year-old typist was working at the state prison at Rockview in Bellefonte, Pennsylvania in 2013 when she was choked unconscious and raped for 27 minutes by Omar Best, an image convicted three times previously of sex-related crimes. Worse yet, Best had been transferred from a different state prison for assaulting a female assistant but the prison still allowed him unsupervised visits with female employees.
Archive for the ‘Lawyering’ Category
Below is my column on the resignation of Eric Holder as United States Attorney General. For civil libertarians, Holder’s tenure as Attorney General under President Obama has been one of the most damaging periods in our history with a comprehensive attack on various constitutional rights and principles from free speech to the free press to international law. In recent polling by NBC and the Wall Street Journal, Holder was the second most unpopular government official after the positively radioactive Arizona Sheriff Joe Arpaio.
As someone who previously called for Holder’s firing after the investigation of various journalists under national security powers, I am hardly one who can offer congratulatory sentiments for such a record. However, much like President Obama, one has to wonder what could have been if Holder had chosen a more principled and less political approach to his office. Holder is resigning the same week that a federal judge ordered the release of “Fast and Furious” documents after the Justice Department was accused of a pattern of delay and obstruction. Holder was previously held in contempt by Congress for his withholding documents and conflicting accounts to an oversight committee looking into the scandal. Indeed, Holder was looking at an even more aggressive period with the possible loss of the Senate and increased GOP seats in the House.
Ironically, Holder came into office trying to distinguish himself from such disastrous predecessors as Alberto Gonzales but proved no less political or blindly loyal to his own president. Indeed, both men fought aggressively to expand the powers of the presidency and national security laws over countervailing individual rights and separation of powers principles. It will be civil liberties and not civil rights that will be the lasting, and troubling, legacy of Eric Holder. The column is below:
We previously discussed the arrest of U.S. District Judge Mark Fuller in Alabama for misdemeanor battery of his wife. Now members are raising the possibility of impeachment if he does not resign despite the absence of a conviction on the misdemeanor. Rep. Martha Roby (R., Alabama) is citing a rather novel source of extraconstitutional precedent: the NFL Ray Rice case.
We previously discussed the bizarre case of Faulkner County Circuit Judge Mike Maggio who was identified as an anonymous commenter known as “geauxjudge” in a an an interesting controversy in Arkansas where Maggio was was outed from online sites. Maggio previously apologized and withdrew from a race for the appellate court. The controversy raised the question of whether such comments should be a subject for ethical discipline and whether judges should have the right to comment anonymously on such sites. Now Maggio has been permanently removed from the bench for his discussion of a confidential adoption of a child by actress Charlize Theron. He agreed with the Arkansas Judicial Discipline and Disability Commission about the lifetime ban. However, the Arkansas Supreme Court rejected the recommendation because it included Maggio being suspended with pay until the end of the year when his term expires.
As we previously discussed, the criminal charges against former Bush White House lawyer John Michael Farren for the attempted murder of his then-wife Mary Margaret Farren, a former partner at Skadden, Arps, Slate, Meagher & Flom. He has now been convicted and sentenced to 15 years in prison.
Washington state prosecutor Marriya Wright has resigned from her $83,000-a-year job after a photograph of her in a bikini was found in the cell of Matthew Baumrucker, a prisoner who supports a forehead tattoo reading “criminal.” Officials later found that she had texted or called Baumrucker over 1,200 times during a period of a little over one month.
Posted in Congress, Courts, Criminal law, Free Speech, International, Justice, Lawyering, Military, Politics, Religion, tagged 9/11 Commission Report, House Intelligence Committe, Philip Zelikow, Stephen Lynch, Walter Jones on 1, September 14, 2014 | 71 Comments »
Respectfully submitted by Lawrence E. Rafferty (rafflaw) Weekend Contributor
In light of the recently observed 13th anniversary of the events on 9/11/01, I read an article this week that caught my eye. According to reports, there is a 28 page section of the 9/11 Commission report that has never been released publicly and remains secret to this day. Indeed, Congressmen must go through numerous security reviews before they can read the document in a secure room in Washington, D.C.
What kind of secret and clandestine information can be found in such a guarded document? Since it is top-secret, we can only go by the reviews of people who have read the report. What is found in that report may surprise you in light of its level of secrecy. (more…)