According to close friends, Judge Jay S. Bybee appears to have adopted the Alberto Gonzalez defense: he is now claiming that he did not write his infamous memo and only signed it. This is similar to the defense that Democrats allowed Gonzales to make on the first torture memo at his confirmation hearing for Attorney General, to wit, he did not read an important policy memo on the commission of a war crime, he just signed it. It is the empty suit defense: I really am not to blame when I sign orders or memos because I just sign things. Bybee has not spoken directly on this matter to the public, but there are now various friends saying that he would like to repudiate the memos and even denies writing the memos.
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Archive for the 'Lawyering' Category
The Alberto Gonzales Defense: Judge Bybee Reportedly Denies That He Wrote Infamous Memo
Published 1, April 26, 2009 Academics , Congress , Criminal law , International , Justice , Lawyering , Media , Politics , Society 50 CommentsWhite House: No Special Prosecutor on Torture
Published 1, April 25, 2009 Bizarre , Congress , Constitutional Law , Criminal law , Justice , Lawyering , Politics 63 Comments
It is getting rather difficult to follow the line of logic at the White House on the torture investigation. For months, President Obama has been speaking about his intentions as to any investigation into the torture program. Then, this week, he suddenly declared that he should have no role in such decisions. Then the next day, White House spokesman Robert Gibbs declared that Obama did not want to see a special prosecutor. I discussed this statement last night on this segment of Hardball. In the meantime, it appears that new pictures of detainee will be released — though obviously not the videos of torture that were destroyed by CIA officials to prevent their being used against themselves.
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Texas Supreme Court Overturns Verdict Based on Nine-Word Note From Foreperson
Published 1, April 24, 2009 Bizarre , Courts , Lawyering , Society , Torts 28 Comments
The Texas Supreme Court has overturned the verdict in a major torts case based on a nine-word note from a juror. During the second-day of jury deliberations in a rollover cases against Ford, a note was sent to the judge from forewoman Cynthia Cortez of the jury asking, “What is the maximum amount that can be awarded?” Cortez even put a smiley face on the note which sent Ford’s attorneys into a panic to settle the case. They quickly agreed to a settlement of $3 million. It was not until after the jury was dismissed that they learned that Cortez allegedly sent the note without the approval of the jury and that the jury was siding with Ford in its deliberations.
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Report: Condoleeza Rice and John Ashcroft Approved of Torture Program
Published 1, April 24, 2009 Congress , Constitutional Law , Courts , Criminal law , International , Justice , Lawyering , Politics , Society 34 Comments
A Senate Intelligence Report shows that Condoleeza Rice, then national security adviser, approved of the torture program as early as 2002. One week later, Attorney General John Ashcroft signed off the the legality of the torture by finding that the “proposed interrogation techniques were lawful.” It was also revealed that torture was used on Abd al-Rahim al-Nashiri, the first person charged in the United States in the 2000 attack on the destroyer USS Cole in Yemen.
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Holder Promises to Follow the Law on Any Torture Investigation But Fails to Mention Special Prosecutor
Published 1, April 23, 2009 Congress , Constitutional Law , Criminal law , International , Justice , Lawyering , Politics , Society 93 Comments
Attorney General Eric Holder said Wednesday that he will “follow the law” in deciding whether to pursue criminal charges against Bush officials for the torture program. While first reported as a major advance, the statement conspicuously does not mention the appointment of a special prosecutor, an essential component to any investigation since the Justice Department featured heavily in these allegations.
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New York Lawyer Arrested For Throwing Kids Out of Car
Published 1, April 23, 2009 Bizarre , Criminal law , Lawyering , Society 8 Comments
Madlyn Primoff, 45, a partner at Kaye Scholer specializing in international financial matters spent the night in jail and is facing criminal charges after she allegedly throw her two daughters, 10 and 12, out of her car on the side of the road. One daughter succeeded in catching up with the car and jumping back in while the ten-year-old was found by another adult. Primoff reported the second daughter missing and was arrested when she went to the police station. She was carried with a misdemeanor count of endangering child welfare.
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Leahy Calls for Judge Bybee’s Resignations and Others Call for Impeachment
Published 1, April 22, 2009 Congress , Constitutional Law , Courts , Criminal law , Justice , Lawyering , Politics , Society 26 Comments
Sen. Patrick Leahy (D-Vt.), chairman of the Senate Judiciary Committee, has called for Judge Jay Bybee to resign in light of his central role in the torture program and memos. Leahy declared that “[t]he fact is, the Bush administration and Mr. Bybee did not tell the truth. If the Bush administration and Mr. Bybee had told the truth, he never would have been confirmed.”
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Harman Refuses to Confirm Conversation With Suspected Israeli Spy and Calls Interception of Her Calls an “Abuse of Power”
Published 1, April 22, 2009 Congress , Constitutional Law , Courts , Criminal law , Justice , Lawyering , Media , Politics , Society 24 Comments
Rep. Jane Harman, D-California, has called the alleged interception of her calls with a suspected spy “an abuse of power” and has called for the transcripts of the call to be given to her. As suggested in an earlier blog, she has promised to make the transcript public if given to her. However, she would not confirm the conversation while denying any quid pro quo arrangement to help accused American Israeli Public Affairs Committee (AIPAC) lobbyists — Steve Rosen and Keith Weissman — in exchange for AIPAC’s help in securing the House Intelligence Committee Chairmanship. While Harman is reported as ending the call with the statement that “This conversation doesn’t exist,” she now denies that the conversation existed as reported in the media.
Notably, the same week that this conversation was revealed, the Administration is reportedly considering dropping charges against the AIPAC lobbyists — precisely what the AIPAC contact reported demanded from Harman in her help to reduce or dismiss charges.
Gilded Cage: Jailbird Contractor Sentenced to Live in the $5 Million Mansion That He Upgraded Through His Tax Evasion Scheme
Published 1, April 22, 2009 Courts , Criminal law , Lawyering , Society 8 Comments
Now this is a sentence that most of my clients would relish. Pittsburgh contractor William G. Tomko Jr. was convicted of using his $5 million mansion as part of a tax evasion scheme where he avoided $228,000 in taxes by having work on the mansion disguised as payments for work done at five area schools. U.S. District Judge Gary L. Lancaster sentenced Tomko to have to live in the mansion as his punishment under a sentence of three years’ probation with one year to be spent on house arrest. Tomko’s cell will be a 8,000-square-foot mansion on eight acres and with $1.8 million in furnishings and $81,000 in fine art. I hope that he can hold up under the pressure of living in this particular cellblock. A divided court of appeals panel has upheld the sentence.
President Obama Leaves Open Possibility of Prosecutions for Torture While His Intelligence Director Affirms That the Torture Program Was Successful
Published 1, April 22, 2009 Congress , Constitutional Law , Criminal law , International , Justice , Lawyering , Media , Military , Politics , Society 32 Comments
President Obama reversed earlier statements statements made as late as this weekend from Raum Emmanuel and others that he did not want anyone — low level or high level officials — prosecuted for torture. In a clear break from his past statements, Obama insisted that the matter had to be left to Attorney General Eric Holder. We discussed this latest development on this segment of MSNBC Countdown. In the meantime, the Administration leaked a memo from Intelligence Director Dennis Blair that said that the torture program yielded new information — part of a new emerging argument that torture works that was also recently advanced by former Vice President Dick Cheney.
KBR Memos Reveal Knowledge of Dangerous Conditions Before Sending Drivers Into Fire Fight
Published 1, April 21, 2009 Constitutional Law , Criminal law , International , Lawyering , Military , Society , Torts 10 Comments
The lawsuit against KBR by the families of civilian drivers killed in an ambush in Iraq in 2004 have been strengthened by internal memos showing that KBR officials knew of the insurgent activity and high level of danger before sending them into harm’s way.
Feinstein Accused of Self-Dealing in $25 Billion Legislation for FDIC
Published 1, April 21, 2009 Congress , Criminal law , Lawyering , Politics , Society 22 Comments
Sen. Diane Feinstein (D., Ca.) is embroiled in an expanding controversy over her introduction of legislation to give $25 billion to the Federal Deposit Insurance Corp that awarded a highly generous contract to her husband. Feinstein is notably not on any committee with jurisdiction in this area and this legislation was unusual for her. The scandal, once again, shows the calculated decision of Senators to preserve loopholes that allow them to invest or have interests in areas where they legislate and vote.
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Torture Works: Cheney Unrolls New Campaign to Justify War Crimes
Published 1, April 21, 2009 Congress , Constitutional Law , Courts , Criminal law , International , Justice , Lawyering , Politics , Society 320 Comments
After refusing to release even unclassified materials as Vice President, former Vice President Dick Cheney is now calling for the release of all interrogation reports to show that torture works. This is the same Cheney who supported the denial of such evidence to courts and criminal defendants and Congress. However, now that calls for prosecution for war crimes are increasing, Cheney suddenly believes in transparency in government. In the meantime, Obama has reversed earlier statements and indicated that he will not rule out prosecutions of Bush officials. We discussed this latest development on this segment of MSNBC Countdown.
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Lockdown High: Zero-Tolerance Policies and Authoritarian Learning
Published 1, April 21, 2009 Academics , Bizarre , Columns , Constitutional Law , Courts , Criminal law , Justice , Lawyering , Media , Politics , Society , Supreme Court , Torts , USA Today 24 Comments
Here is today’s column in USA Today concerning the argument today before the United States Supreme Court in the case of April Redding.
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On Point Debate With Professor Robert Turner
Published 1, April 20, 2009 Academics , Congress , Constitutional Law , Criminal law , International , Lawyering , Media , Politics , Society 27 Comments
I just completed the discussion below on NPR’s On Point with Professor Robert Turner of the University of Virginia. It shows the flood of different rationales being put forward from every quarter to excuse not investigating war crimes.
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Two Leading Lawyers Face Shoplifting Allegations in Two Separate Cases
Published 1, April 20, 2009 Bizarre , Criminal law , Lawyering , Politics 2 Comments
This week involved not one but two leading lawyers nailed for shoplifting. In Wichita, Troy Ellis the former chief counsel at Invista was forced to resign after filmed allegedly stealing food from the company cafeteria. In the meantime, in Utah, former prosecutor Gary Guymon (left) was arrested for stealing a necklace from a jewelry shop at a resort.
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Chicago Attorney Convicted of Smuggling Contraband into Prison
Published 1, April 20, 2009 Criminal law , Lawyering , Society 9 Comments
Chicago attorney Nathan Billmaier, 35, was convicted of smuggling drugs and paraphernalia in legal briefs and materials to a client, Donald Jordan, in prison. He is the second attorney in Chicago to be nailed for smuggling in contraband.
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Synchronized Sleeping — The New Olympic Sport
Published 1, April 19, 2009 Academics , Bizarre , Environment , Lawyering , Media , Politics , Society 25 Comments
Finally, an Olympic event in which I could compete.
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United Nations Official Strongly Suggests That Obama Is In Violation International Law in Refusing to Investigate War Crimes
Published 1, April 19, 2009 Constitutional Law , International , Justice , Lawyering , Politics , Society 34 Comments
U.N. special rapporteur Manfred Nowak has gone public with a stinging indictment of President Barack Obama’s failure to investigate and prosecute officials for the American torture program, a clear war crime under existing treaties. Obama is in open violation of international law due to his failure to uphold the clear legal and moral obligations of this country.
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Memo: Bush Administration Tortured Khalid Sheikh Mohammed 183 Times
Published 1, April 19, 2009 Congress , Constitutional Law , Courts , Criminal law , International , Justice , Lawyering , Military , Politics , Society 36 Comments
One of the more shocking revelation from the May 30, 2005 Bradbury memo, Khalid Sheikh Mohammed was waterboarded 183 times in March 2003. Abu Zubaydah was waterboarded 83 times in August 2002. Unless I am missing something, that would mean that that KSM was tortured roughly six times a day.
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American Journalist Roxana Saberi Given Eight Year Sentence in Iran
Published 1, April 18, 2009 Constitutional Law , Courts , Criminal law , International , Justice , Lawyering , Media , Politics , Religion , Society 60 Comments
An American journalist Roxana Saberi, 31, has been convicted of spying and sentenced to eight years in prison after a closed door trial.
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New Torture Memos Reveal Details of America’s Torture Program
Published 1, April 17, 2009 Congress , Constitutional Law , Criminal law , International , Justice , Lawyering , Military , Politics 78 CommentsThe newly released torture memos reveal the comprehensive and premeditated character of America’s torture program. It also highlights the shameful role of now Judge Jay Bybee, who distorts the current law in the area to justify a clear war crime. In the meantime, former administration officials have called the release a danger to national security. I discussed the memos onthis segment of Countdown.
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Leading the World by Example: Obama Legal Position on War Crimes Adopted for Taliban in Pakistan
Published 1, April 15, 2009 Congress , Constitutional Law , Criminal law , International , Justice , Lawyering , Politics , Religion , Society 46 Comments
After his recent trip to the Middle East to reach out to Muslims appears to have born fruit. A Pakistan leader has adopted the position of the Obama Administration on war crimes. Tehrik-i-Nifaz-i-Shariat-i-Muhammadi chief Sufi Mohammad has announced that Taliban murderers who have been accused of such crimes as burning schools, throwing acid in the faces of school girls, and killings should not be prosecuted because “[w]e intend to bury the past. These things will be left behind and we will go for a new life in peace.” It is the very logic that our President has been trying to advance as an excuse for not allowing an investigation into the torture program. Obama has insisted that “no one is above the law” while immediately guaranteeing that Bush officials are above the law by stating “My orientation’s going to be to move forward . . . getting things right in the future as opposed to looking at what we got wrong in the past.”
“Judge” Mathis Goes Video: Fun With Prison Rape and Other “Justice Issues”
Published 1, April 15, 2009 Courts , Criminal law , Lawyering , Media , Politics , Society 8 Comments 
I have long been a critic of the faux judges on television who turn criminal justice into a form of caricatured entertainment. Now, “Judge” Greg Mathis is opening his own video game to compete with such games as Grand Theft Auto. His game includes such fun risks as prison rape.
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Appellate Court Throws Out Murtha Defamation Lawsuit On Immunity Grounds
Published 1, April 15, 2009 Congress , Constitutional Law , Criminal law , Justice , Lawyering , Media , Military , Politics , Society , Torts 6 Comments
A federal appellate court has tossed out the lawsuit by Staff Sgt. Frank Wuterich sued Rep. John Murtha for defamation after the congressman said that his Marine unit killed Iraqi women and children “in cold blood” in Haditha.
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Family Court Bars Father From Giving Shotgun to 9-Year-Old Under Visitation
Published 1, April 15, 2009 Lawyering , Society 7 Comments
Superior Court Judge Sam Cozza in Washington state has granted a temporary restraining order against Sean B. Fawcett to prevent him from giving his 9-year-old son access to a shotgun. The mother, Laura Vissydas, argued that her son came back with bruises on his shoulder and that Fawcett is unable to fully protect her son due to his deafness.
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W.A.R. (What is He Good For?): Sarah Palin’s Attorney General Triggers Firestorm
Published 1, April 14, 2009 Justice , Lawyering , Politics , Society 18 Comments
There are reports that Alaska Gov. Sarah Palin may be backing off of her nomination of Wayne Anthony Ross for state attorney general Palin’s nominee has long been a controversial and far-right figure. Various groups have come forward with extremist and bizarre statements attributed to Ross, who like to drive around in his Hummer with W.A.R. on this license plates (his initials)
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Spanish to Seek Criminal Charges Against Six Bush Officials While Court Asks If Obama Will Investigate
Published 1, April 14, 2009 Constitutional Law , Courts , Criminal law , International , Justice , Lawyering , Politics , Society 84 CommentsSpanish prosecutors reportedly will seek criminal charges against Alberto Gonzales, Federal Appeals Court Judge and former Assistant Attorney General Jay Bybee, University of California law professor and former Deputy Assistant Attorney General John Yoo, former Defense Department general counsel and current Chevron lawyer William J. Haynes II, Vice President Cheney’s former chief of staff David Addington, and former Undersecretary of Defense Douglas J. Feith. In a particularly embarrassing moment for the United States, the Audencia Nacional court in Madrid asked if or when the United States was going to investigate and said that it would not order the investigation if such an investigation is begun — yielding to the United States. This is precisely what was discussed in previously on Countdown.
Obama Opposes Right for Detainees in U.S. Military Prisons to Challenge Their Detention
Published 1, April 13, 2009 Congress , Constitutional Law , Courts , Criminal law , International , Justice , Lawyering , Military , Politics , Society 21 Comments
After seeking adopting Bush positions on unlawful surveillance last week, President Obama has adopted another controversial Bush policy: opposing basic legal rights for detainees held in U.S. military prison in Afghanistan. Some of the most egregious allegations of torture and abuse have focused on such prisons as the one at Bagram Air base. President Obama is now claiming that access to courts and review in such cases would threaten national security.
The Lupe Vélez Defense: Husband Faces Second Trial Over Toilet Murder
Published 1, April 13, 2009 Bizarre , Criminal law , Lawyering , Religion , Society 4 Comments
Wisconsin prosecutors are considering perjury charges against their own witness in the prior murder trial of Douglas Plude, 42, in Wisconsin while planning a new trial that will seek conviction on the basis of a new expert on alleged use of a toilet as a murder weapon.
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Happy Easter!!!
Published 1, April 12, 2009 Academics , Bizarre , Congress , Constitutional Law , Courts , Criminal law , Environment , International , Justice , Lawyering , Media , Military , Politics , Religion , Society , Supreme Court , Torts , USA Today 20 Comments
Happy Easter to Everyone on the Turley Blog. The Easter Bunny came as expected this morning, bringing sugarly foodstuffs . . . and even edible grass this year!
A Tired Bunny
Published 1, April 12, 2009 Academics , Bizarre , Constitutional Law , Courts , Criminal law , Environment , International , Justice , Lawyering , Media , Military , Politics , Religion , Society , Supreme Court , Torts 14 Comments
While many of us think little of the level of effort needed for a single bunny to bring candy to all of the Goyim boys and girls each year, this picture shows that the holiday takes its tool on Leporidae of the order Lagomorpha.
No Briefs, No Ruling: Law Student Strips in Protest of Ruling on Sale of Leavened Bread
Published 1, April 12, 2009 Criminal law , International , Lawyering , Politics , Religion 2 Comments
Religious yeshiva student Aryeh Yerushalmi had a novel way of protesting a decision of an Israeli court to allow the sale of leavened grain products. The Court ruled last year that the Israeli law only prohibits the sale of hametz (bread and leavened grain products) in public on Passover. By ruling that stores are closed spaces and not public in that sense, the court loosened up the law. Yerushalmi decided, therefore, to strip in a supermarket in Tel Aviv since it cannot be viewed as “public indecency.”
International Blasphemy: The Free World Bars Free Speech
Published 1, April 11, 2009 Academics , Bizarre , Columns , Constitutional Law , Courts , Criminal law , International , Justice , Lawyering , Media , Politics , Religion , Society , Supreme Court , Torts 35 Comments
Here my column in Sunday’s Washington Post on the increasing prosecutions in the West for insulting religion. The rise of international blasphemy prosecutions (and the proposal of the international criminalization of blasphemy) has sacrificed free speech in the name of free exercise.
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Frozen Assets: Court To Decide Distribution of Bullmastiff Semen as Estate Asset
Published 1, April 11, 2009 Bizarre , Lawyering , Society , Torts 3 Comments
Family Court Judge Cheryl Matthews had a logical question when Anthony and Karen Scully appeared in his court with a lingering estate asset question left over from their divorce: “Am I Being Punk’d?” The court and lawyers were presented with the rather novel question of who gets the frozen semen of AKC-registered bullmastiffs Cyrus, Regg and Romeo. The frozen semen is worth thousands of dollars and, while their six dogs were divided with the rest of the estate, the lawyers are set to go to trial on assets.
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Alaska Legislators Demand Apology to Stevens And Federal Lawsuit
Published 1, April 9, 2009 Bizarre , Congress , Criminal law , Justice , Lawyering , Politics , Society 17 Comments
Former Sen. Ted Stevens (R., Alaska) and his allies are continuing their implausible campaign to rehabilitate the disgraced Senator and portray the Justice Department’s gross negligence as a vindication of the ethically challenged Stevens. Alaskan legislators in the House passed a resolution demanding not only an apology from the federal government but a lawsuit to recoup his fees and costs in defending himself.
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Federal Judge Appoints Special Prosecutor To Investigate Mishandling of Stevens Prosecution
Published 1, April 8, 2009 Constitutional Law , Courts , Criminal law , Justice , Lawyering , Politics , Society 8 Comments
In a remarkable order, U.S. District Court Judge Emmet Sullivan appointed a special prosecutor to investigate the Justice Department lawyers who mishandled the prosecution of former Sen. Ted Stevens (R., Alaska). The order reflects a degree of dissatisfaction and distrust over the Justice Department’s own internal investigation.
NASA Captures Hand of God Reaching Across Space . . . As Stevens Goes To Court To Declare Victory
Published 1, April 7, 2009 Academics , Bizarre , Congress , Constitutional Law , Courts , Criminal law , Environment , International , Justice , Lawyering , Media , Politics , Religion , Society 10 Comments
NASA has captured a picture of what appears to be the hand of God reaching across space. Notably, the picture was taken as former Sen. Ted Stevens (R., Alaska) is about to appear in federal court to declare victory after the Justice Department drops its case against him.
Federal Judge Rules Justice Department Withheld Evidence That Key Witness in Detainee Cases Was Mentally Disturbed
Published 1, April 7, 2009 Constitutional Law , Courts , Criminal law , Justice , Lawyering , Politics , Society 131 CommentsThe Justice Department is once again being threatened with contempt of court after United States District Court Judge Emmet Sullivan found that they withheld evidence from the defense that a witness in a “significant” number of cases was mentally disturbed. Judge Sullivan found that the testimony of the detainee was unreliable, could be challenged in other cases, and could be the basis for a possible contempt order against the government.
Another Texas Judge Accused of Wrongdoing
Published 1, April 6, 2009 Courts , Criminal law , Lawyering , Politics , Society 7 Comments
Judges in Texas recently have found themselves defendants in a slew of criminal, tort, and disciplinary cases, here, here, here, here, here and here. You can now add El Paso Judge Manuel J. Barraza, 53, who is accused of taking money and asking for sex from defendants.
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FAT CAT
Published 1, April 5, 2009 Bizarre , Congress , Courts , Criminal law , Environment , International , Justice , Lawyering , Media , Politics , Society 46 Comments
With billions of federal stimulus and bailout money engorging lobbyists in Washington, I finally found a photo of one of these fat cats in the aftermath of visiting the public troth.
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Slap on the Wrist for “Spanking Judge”: Texas Commission Fails To Remove Judge Who Ordered Spankings In Courtroom
Published 1, April 5, 2009 Bizarre , Courts , Criminal law , Lawyering , Politics , Society 6 Comments
The Texas State Commission on Judicial Conduct had imposed remarkably light punishment in the admonishment of Justice of the Peace Gustavo “Gus” Garza. While the act was in the mid range of the possible discipline, it is disturbing that this Commission would consider Garza to be competent to continue on the bench after he ordered physical punishment to be carried out in his courtroom.
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Judge Claims Judicial Immunity After Being Sued for Judicial Corruption
Published 1, April 4, 2009 Bizarre , Constitutional Law , Courts , Criminal law , Justice , Lawyering , Society 35 Comments
Now this take a bit of hubris. Disgraced former Pennsylvania judge Mark Ciavarella has moved to discuss federal lawsuits from juveniles who sent to jail after accepting bribes. tax evasion and depriving the public of their honest services for accepting more than $2.6 million in kickbacks in exchange for rulings that benefited the Pa Child Care and Western Pa Child Care centers. In a motion written by himself, Ciavarella demanded dismissal on . . . you guessed it . . . judicial immunity.
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The Ultimate Subrogation Contract: Man Sues Neighbor for Failure to Impregnate Wife
Published 1, April 4, 2009 Bizarre , Courts , International , Lawyering , Society , Torts 17 Comments
It is well-known that, as a Torts professor, I have made my share of anti-contracts statements — part of a long-standing feud between common law Torts and Contracts faculty. However, to make up for decades of badmouthing contracts, I give you a really interesting contracts case worthy of . . . well . . . a torts class. In Stuttgart, Germany, Demetrius Soupolos, 29, is suing his neighbor Frank Maus, 34, for breach of contract. It seems that Soupolos hired Maus for $2500 to impregnate his wife, a former beauty queen named Traute, but to his surprise Maus desperately tried 72 times without success.
“Holy Hell Has Broken Loose”: Controversial Obama Intelligence Official Blocks Efforts to Release Torture Memos
Published 1, April 4, 2009 Bizarre , Congress , Criminal law , International , Lawyering , Politics , Society 17 CommentsThere is an astonishing effort by intelligence officials to block Attorney General Eric Holder and White House counsel Gregory Craig from releasing torture memos from the Justice Department. A senior national-security aide named John Brennan is leading the effort to block the release with the backing of people at the CIA. It takes considerable hubris given the CIA’s knowing destruction of evidence of torture and obvious motivation to withhold the memoranda to further conceal the agency’s involvement in war crimes. One official is quoted as saying “Holy hell has broken loose over this.” That is certainly the proper venue for officials still struggling to cover-up evidence of war crimes.
Justice Department Finds D.C. Vote Bill Unconstitutional — Holder Reverses Conclusion and Declares Bill Constitutional
Published 1, April 2, 2009 Bizarre , Constitutional Law , Courts , Justice , Lawyering , Politics , Society , Supreme Court 16 CommentsThe Washington Post has revealed that an internal review has found that the D.C. Voting legislation is indeed flagrantly unconstitutional. However, Attorney General Eric Holder overruled the view of career lawyers and declared that the law is constitutional — thereby avoiding an embarrassing confrontation with Democrats. I waited to post this story because it could so easily be confused with an April Fool’s spoof yesterday. Holder’s actions, once again, show that political pressure and influence remains a problem at Justice. Rather than follow the dictates of the Constitution, Holder “corrected” the legal analysis by simply declaring the opposite conclusion to conform with political needs. Sounds like a prior attorney general.
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Attorney General Eric Holder Announces Justice Department Will Not Investigate War Crimes Due to Prosecutorial Misconduct
Published 1, April 1, 2009 Bizarre , Congress , Constitutional Law , Courts , Criminal law , International , Justice , Lawyering , Military , Politics , Society , Supreme Court 55 CommentsIn a major decision, Attorney General Eric Holder has announced that he has found that the Justice Department has acted improperly in barring any criminal investigation of well-documented war crimes committed by the Bush Administration in the torture program. To punish the failure of the Department to act in a timely fashion, he has announced that no criminal charges will be pursued regarding torture to teach prosecutors a lesson that “justice delayed is justice denied.”
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Justice Department To Void Case Against Former Sen. Ted Stevens
Published 1, April 1, 2009 Congress , Criminal law , Justice , Lawyering , Politics , Society 4 CommentsThe Justice Department will be dropping all charges against former Senator Ted Steven (R., Alaska) due to the misconduct of its own prosecutors. The actions of the Justice Department in the case has been a continued scandal and the question is now what action will be taken against these prosecutors who scuttled a major criminal case through unethical and grossly negligent conduct. On closer examination, however, the action by Attorney General Eric Holder falls a bit short.
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Judge Sharon Keller Faces New Ethics Charge
Published 1, April 1, 2009 Courts , Criminal law , Lawyering , Politics , Society 3 Comments
Problems continue to mount for Judge Sharon Keller, Chief Judge of the Texas Court of Criminal Appeals. She is already facing a serious ethics charge over her decision to order the Clerk’s Office not to remain open after hours to allow for a final death row appeal. Now, a new complaint has been filed against her for failing to report nearly $2 million in real estate assets. She is also facing an impeachment effort in the Texas legislature.
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Alabama Judge Charged in Prisoner Abuse Case
Published 1, April 1, 2009 Bizarre , Courts , Criminal law , Lawyering , Politics , Society 5 Comments
Former Mobile, Alabama judge Herman Thomas has been arrested in a bizarre criminal case alleging that he used the local jail as a type of personal stable of victims for beatings and sexual abuse. His lawyer — who goes by the moniker Robert “Cowboy Bob” Clark — has charged racism targeting the county first black judge.
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“Lawyer of Love” Files Sexual Harassment Lawsuit Against Playboy
Published 1, March 31, 2009 Bizarre , Lawyering , Media , Society 36 Comments
Chicago divorce attorney, Corri Fetman, 45, is suing Playboy magazine alleging that an executive Thomas Hagopian harassed her and eventually dropped her column from the magazine where she wrote under the nom de guerre “Lawyer of Love.” Fetman previously posed nude for the magazine and has maintained a highly controversial practice in my home town of Chicago.
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The Lazarus Clause: Judge and Prosecutors Secure Plea From Deranged Mother With a Resurrection Clause
Published 1, March 31, 2009 Bizarre , Constitutional Law , Courts , Criminal law , Lawyering , Religion , Society 4 Comments
Prosecutors in Maryland appear to have cut a bizarre deal with a former religious cult member. Ria Ramkissoon, 22, agreed to plead guilty in the murder of her 1-year-old son, Javon Thompson, but, if he is resurrected, the deal is off.
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Federal Court Throws Judge Off Case After Sharp Exchange With Counsel in Court
Published 1, March 30, 2009 Bizarre , Courts , Lawyering , Society 1 Comment
An interesting case has emerged from the Eighth Circuit Court of Appeals which removed Judge Dean Whipple of the Western District in Kansas City, Missouri for bias in a contract case. The judge insists that he was pushed over the edge in an exchange with Fred Starrett of Lathrop & Gage in Overland Park, Kansas who represented Sentis Group Inc., and owner Alan Barazi, regarding a contract with Shell Oil Co. to operate 29 mini-mart gas stations in Kansas City.
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Seller’s Remorse: Lawyer Reportedly First Tries to Sell Tape of Ashley Biden Allegedly Snorting Cocaine and Then Withdraws
Published 1, March 30, 2009 Bizarre , Criminal law , Lawyering , Politics , Society 14 Comments
According to an Internet report, Washington, D.C. lawyer Thomas Dunlap of Dunlap, Grubb and Weaver has been peddling a tape for a “friend” of Vice President Joseph Biden’s daughter, Ashley, allegedly snorting cocaine at a party in Delaware. With rising criticism in the press, Dunlap reportedly has withdrawn from his controversial role in this political version of the Michael Phelps pot shot. Radar Online is suggesting that the presumably now former friend may have set up Biden by buying the cocaine and hiding the camera — claims that (if proven) could lead to liability for the individual.
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Bias in the Beth Din: State Court Vacates Judgment of Religious Court Due to Bias
Published 1, March 29, 2009 Constitutional Law , Criminal law , Lawyering , Religion , Society 2 Comments
Courts in various countries are increasing being asked to enforce the judgments of religious courts — a trend that bothers many civil libertarians. These cases often involve private agreements to submit cases to such courts in arbitration or mediation. An interesting case in New York, however, shows that such courts often lack back professional or ethical guarantees. A New York trial court has thrown out the ruling of a religious court on the grounds of a “judge” in a Rabbinical Court (Beth Din) having possible bias.
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Lawyer Allegedly Murdered By Husband in Midst of High-Profile Murder Trial
Published 1, March 29, 2009 Bizarre , Criminal law , Lawyering 2 Comments
Louisiana Attorney Chiquita Tate was in the midst of a high-profile murder trial when she became the subject of a new murder case against her husband, Greg Harris, accused of stabbing her 38 times in her office.
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Fraud Fetish: Lawyers Accused of Duping Fetish Club Members With Help of Dominatrix
Published 1, March 29, 2009 Bizarre , Criminal law , Lawyering , Politics , Society 1 Comment
Lawyer and Former Suffolk County legislator George Guldi, 57, is accused in a bizarre fraudulent conspiracy. With the help of a famous dominatrix and two other lawyers, the Long Island attorney is accused of a 450 million mortgage scam.
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Covington & Burling Slams Former Associate Who Brought Discrimination Lawsuit Alleging “Jim Crow” Policies
Published 1, March 28, 2009 Lawyering , Society , Torts 22 Comments
Covington & Burling has filed a response to the complaint filed by staff attorney Yolanda Young alleging that the firm inflated its minority staff numbers by relegating African-Americans in staff attorney jobs with no chance of promotion in the associate rankings. Covington responded with a remarkably rough (and low) appraisal of not just Young but, in the view of some, the other staff attorneys at the firm.
Former Pennsylvania Judge Wins Rehearing After Claiming She Was Framed By Other Judges Who Recently Pleaded Guilty to Crimes
Published 1, March 27, 2009 Courts , Lawyering , Politics , Society 8 CommentsFormer judge Ann Lokuta has an intriguing claim for reinstatement: her accusers turned out to be criminals. The Pennsylvania Supreme Court issued a stay of the Court of Judicial Discipline’s ruling to remove Lokuta and directed the Secretary of the Commonwealth not to place her judicial seat on the May ballot. Lokuta was removed after several weeks of testimony from dozens of witnesses about her abusive behavior toward courthouse staff and attorneys. However, she claims that the witnesses were part of the recent criminal conspiracy by former president judges Michael Conahan and Mark Ciavarella, who took kickbacks to send kids to jail.
Lawyer Accused of Massive Fraud — and Hitting Up Priest
Published 1, March 26, 2009 Bizarre , Criminal law , Lawyering , Society 1 Comment
Attorney Steven Gustafson of Naperville, Ill. is facing a theft and fraud charges, but it may take longer for him to live down one of the more intriguing allegations in the criminal case: he tried to hit up a priest to help cover up money that he allegedly stole from a trust fund. Remarkably, the priest refused church funds but convinced a parishioner to pony up some of the cash.
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New York City Detective Charged With Perjury — The Latest in a Series of Such False Testimony Cases Involving Police Officers
Published 1, March 26, 2009 Criminal law , Lawyering , Politics , Society 3 Comments
Lawyers have long complained that some police officers will give clearly false testimony to protect themselves, other officers, or just maintain the “thin blue line.” This week, we saw two detectives in Michigan indicted with a judge and prosecutor for false testimony. The latest such case out of New York involves New York City detective, Debra Eager, 41, who was indicted on three felony perjury charges after her testimony before a grand jury in 2007 drug case was contradicted by a videotape. Continue reading ‘New York City Detective Charged With Perjury — The Latest in a Series of Such False Testimony Cases Involving Police Officers’
Judge Keller Defends Herself Against Judicial Ethics Charges
Published 1, March 25, 2009 Courts , Criminal law , Lawyering 5 CommentsIn today’s series of stories of judges acting bravely and badly, here is one for the latter category. Judge Sharon Keller, Chief Judge of the Texas Court of Criminal Appeals, has filed her response to the charges of judicial misconduct and incompetence for ordering the closing of the clerk’s office after being informed of a last minute death-penalty appeal. She blames the lawyer and denies any responsibility in the matter.
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An Un-Worthy Moment: Judge, Prosecutor, and Two Police Officers Indicted Over False Testimony in Drug Case
Published 1, March 25, 2009 Bizarre , Courts , Criminal law , Lawyering , Society 16 Comments
While Judge Richards in Florida is rescuing witnesses in Florida, former Wayne County Circuit Court Judge Mary Waterstone appeared on the other side of the bench this week as a criminal defendant. Waterstone joined a former prosecutor, Karen Plants, and two police officers Scott Rechtzigel and Robert McArthur as defendants in the case related to a 2005 drug trial. Controversy continues to swirl around the actions of Wayne County prosecutor Kym Worthy (left), who defended her prosecutor’s actions and resisted criminal charges — while aggressively pursuing the former mayor of Detroit and his aide for false testimony.
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When Judges Attack: Florida Judge Leaps Off Bench To Tackle Defendant
Published 1, March 25, 2009 Bizarre , Courts , Criminal law , Lawyering , Society 6 Comments
Broward County Circuit Court Judge Ian Richards does not like people messing around with his witnesses. In the video below, Richards flew off the bench to tackle John Charles Reasee II, 29, who attacked a woman, Nicole Word, testifying against him.
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Justice Delayed: Nine Death Row Inmates Lost Appeals Due to Late Filings By Counsel
Published 1, March 24, 2009 Constitutional Law , Courts , Criminal law , Lawyering , Society 13 Comments
A recent study of capital cases in Texas shows that nine death row inmates lost their appeals due to the failure of counsel to file by the court deadline. Johnny Ray Johnson was put to death after his lawyers missed a filing deadline by one day. He is one of six such inmates put to death after missed deadlines.
California Lawyer Charged With Murder
Published 1, March 23, 2009 Criminal law , Lawyering , Society Leave a Comment
This goes into the good news, bad news category. San Francisco-based attorney David Replogle (right), 60, is no longer facing a forgery trial in Riverside, California. The bad news is that he is now facing a murder trial in the death of Clifford Lambert (left), a 74-year-old retired art dealer.
Publish and Perish: Law Professor’s Writing on His Jury Experience Leads to the Overturning of Verdicts
Published 1, March 19, 2009 Academics , Bizarre , Courts , Lawyering , Society , Torts 4 Comments
Most law professors relish any reliance of a court on their academic writings. This may not be what Seton Hall Law Professor Robert Martin had in mind. Martin wrote about his experience as a juror in the New Jersey Law Journal after he and his co-jurors found a grocery store liable for $876,000. A New Jersey appellate court has now ruled that the publication is a sufficient reason to overturn the verdict based on his described conduct.
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Lawyer Reprimanded for Suing His Own Sister
Published 1, March 18, 2009 Bizarre , Lawyering , Society 2 Comments
Roy A. Raspanti, a lawyer in Louisiana, has been reprimanded by the Louisiana Supreme Court for suing his own sister, Janine Raspanti, for repeatedly filing complaints against him. The Disciplinary Board had recommended a three-month suspension.
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Prêt-à -Prisoner: New Jersey Supreme Court Rules That Witnesses Cannot Be Forced to Wear Prison Garb
Published 1, March 18, 2009 Constitutional Law , Criminal law , Lawyering , Society 1 Comment
The New Jersey Supreme Court has handed down an important ruling that prisoners cannot be forced to wear a prison uniform on the witness stand. The Court ruled that such prison garb “undermine[s] the credibility of the witness.”
Dressing Down: Judge Posner Demands Discipline of Prosecutor Over Alleged Misconduct in Salad Dressing Case
Published 1, March 18, 2009 Bizarre , Courts , Criminal law , Justice , Lawyering , Society 4 Comments
Judge Richard Posner dressed down a federal prosecutor over expired salad dressing. Posner issued the ruling for his panel on United States Court of Appeals for the Seventh Circuit which included criticism of Assistant U.S. Attorney Juliet Sorensen for misleading statements.
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HAPPY Pi DAY!!!
Published 1, March 14, 2009 Academics , Bizarre , Congress , Constitutional Law , Courts , Criminal law , Environment , International , Justice , Lawyering , Media , Military , Politics , Religion , Society , Supreme Court 71 Comments
It was only recently that many of us put away our Square Root Day decorations. Yet, it is now time to celebrate Pi day in all of its irrational glory. The irrational number is rounded off to 3.14, making March 14th the special day for all math geeks — and circle circumference fanatics.
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Anna Nicole Smith Attorney and Partner Charged on Drug Charges With Two Doctors
Published 1, March 13, 2009 Criminal law , Lawyering , Media 1 Comment
Lawyer Howard K. Stern and two doctors were charged Thursday with giving thousands of prescription drugs to Anna Nicole Smith for years before her death. Stern, who was also romantically involved with Smith, was charged with doctors Sandeep Kapoor and Khristine Eroshevich on criminal conspiracy charges and the delivery of fraudulent prescriptions. These illegal prescriptions continued until two weeks before her death.
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Federal Judge Chastises Harvard Professor Charles Nesson For Effort to Hold Deposition In a Classroom
Published 1, March 12, 2009 Academics , Courts , Lawyering , Society 9 Comments
Harvard Law School professor Charles Nesson was the subject of a judicial rebuke from United States District Court judge Nancy Gertner over his request to hold a deposition before a live law school audience in a classroom. Nesson is a respected academic and founder of Harvard’s Berkman Center for Internet & Society. He has tried to incorporate his pro bono representation in a file-sharing case into teaching in novel ways.
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One Angry Man: California Lawyer Faces Disbarment Over Alleged Misconduct as Juror
Published 1, March 10, 2009 Bizarre , Courts , Criminal law , Lawyering , Society , Torts 8 Comments
The California State Bar Court Review Department has recommended that San Francisco attorney Francis T. Fahy was disbarred after he allegedly said that he would change his vote simply to get back to his law practice. This is an amazing case that reads like a scene out of Twelve Angry Men when Juror Number 7 (Jack Warden) announces that he is willing to change his vote just to be in time for a New York Yankees game.
Who Wrote the Dead Sea Scrolls Emails? Lawyer Charged With Impersonating NYU Professor
Published 1, March 9, 2009 Academics , Criminal law , Lawyering , Religion , Society 10 Comments
A lawyer is in the midst of a bizarre case that intersects criminal law and academia. Raphael Golb, 49, is accused of impersonating a rival of his father, Norman Golb, a leading expert on the Dead Sea Scrolls and University of Chicago professor. Norman Golb (left) is the author of “Who Wrote the Dead Sea Scrolls?” and is a rival of NYU Professor Lawrence Schiffman (right).
Cookman Takes Money From Beverage Account and Falsely Claims Frye Award
Published 1, March 7, 2009 Bizarre , Criminal law , Lawyering , Society 5 Comments
ROMNEY, W.Va. — Suspended Lawyer and Ex-County Commissioner Donald Paul Cookman has now been charged with three counts of embezzlement and four counts of forgery in West Virginia. The charging papers describe what is alleged to be a snowballing disaster for a lawyer in severe financial distress. This includes forging the signature of Mineral County Circuit Court Judge Andrew Frye and taking money given to him by Cheri Beverage. Ok, the puns were irresistible.
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Will Justice Seek John Yoo’s Disbarment?
Published 1, March 4, 2009 Academics , Criminal law , International , Justice , Lawyering , Politics , Society 80 Comments
There is growing speculation that the Office of Professional Responsibility will recommend the disbarment of Professor John Yoo who currently teaches at Berkeley law school. The release of new memoranda from the Justice Department has increased calls for disciplinary action. The memoranda concludes that the President can (1) use military forces domestically to deal with any individuals President Bush considers a terrorist threat, (2) suspend free press and free speech rights, (3) arrest citizens without legal process or access to the courts, and (4) a variety of other tyrannical measures. I discussed the memoranda on this segment of Countdown.
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Oh Baristas and Barristers: Under-Caffeinated McDermott Lawyers Revolt
Published 1, March 2, 2009 Lawyering , Society 8 Comments
A partner at the law firm of McDermott, Will & Emory has added another case of the danger of the “reply all” button that we have all experienced one time or another. On this occasion, the partner revealed that the firm was cutting back on coffee services in these tough economic times: a move the partner describes as “send[ing] a Message of Desperation.” In the meantime, other major firms are expected to be sending caffeine care packages to their under-caffeinated colleagues at McDermott.
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“It’s Good Because It’s So Bad”: Court Clerk Charged With Trading Sex For Promises of Leniency
Published 1, February 28, 2009 Courts , Criminal law , Lawyering , Society 1 Comment
A Massachusetts court clerk in the Chelsea District Court is facing federal charges after being arrested for allegedly have sex with an accused prostitute in court after promising her to get a charge dismissed. James “Jim” Burke, 41, has been suspended without pay and charged with one count of attempted deprivation of rights under the color of law and one count of deprivation of rights under the color of law.
Nothing to Relish: Georgia Prosecutor Resigns After Alleged Drunken Fight with Hot Dog Vendor
Published 1, February 26, 2009 Criminal law , Lawyering , Society 16 Comments
Assistant District Attorney William Michael Olson, 36, has resigned from his position as a prosecutor with Clarke County, Georgia after being arrested for a drunken fight with a hot dog vendor. The vendor says that Olson ate a hot dog and then tried to leave without paying for it, leading to a tussle.
Chicago Lawyer Who Allegedly Killed Girlfriend and Baby Had Four Battery Convictions
Published 1, February 24, 2009 Criminal law , Lawyering , Politics , Society 2 Comments
Authorities have made new surprising disclosures today about Fredrick Goings, 36, the lawyer who is accused of killing New York Knicks player Eddy Curry’s ex-girlfriend and her infant daughter. It turns out that Goings had four past battery convictions on his record but was allowed to continue to practice in Illinois.
Supreme Court Takes “Smell of Death” Case
Published 1, February 24, 2009 Criminal law , Lawyering , Society , Supreme Court 5 Comments
The Supreme Court has decided to take up the criminal case of Frank Spisak for a second time. Spisak is a neo-Nazi who was convicted of murdering three men in Ohio and sentenced to death twenty-five years ago. However, the Sixth Circuit threw out the conviction after two sentencing hearings, one demanded by the Supreme Court after reviewing the case in October 2007. The Court has previously reinstated the sentence in disagreeing with the Sixth Circuit, but the appellate court proceeded on remand to again throw out the sentence. The case involved a bizarre argument by the defense counsel that encouraged the jury to consider damaging non-aggravating factors in sentencing, including a rambling and dark description of the “smell of death” surrounding the crimes.
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New York State Supreme Court Justice and Law Professor Lose Jobs in Scandal
Published 1, February 24, 2009 Academics , Courts , Criminal law , Lawyering , Politics , Society 2 Comments
A bizarre case in New York has snared the careers of New York State Supreme Court Joseph G. Makowski, 55, and former prosecutor and Buffalo Law School professor Anne E. Adams. Adams pleaded guilty to three misdemeanors: drunken driving, offering a false instrument for filing and attempted tampering with physical evidence. Makowski resigned on the same day that Adams was fired by the law school. Makowski was accused of falsely attesting that Adams was not drunk when she left a bar.
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Judge Kent Pleads Guilty to Obstruction; Faces Maximum of 20 Years in Prison
Published 1, February 23, 2009 Courts , Lawyering , Society 2 CommentsU.S. District Judge Samuel Kent pleaded guilty to one count of obstruction of justice today and retired from the bench. In exchange, the prosecution will drop sexual assault charges. He will also avoid impeachment with the plea, though the status of his pension remains unclear.
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Chicago Lawyer Arrested for Murder of Former Girlfriend and Baby of New York Knicks Player Eddy Curry
Published 1, February 23, 2009 Criminal law , Lawyering , Society Leave a CommentChicago Lawyer, Frederick Goings, 36, has been arrested for murder of 24-year-old Nova Henry and her 9-month-old daughter, Ava. Henry is the former girlfriend New York Knicks player Eddy Curry and mother of his 3-year-old son and daughter, Ava.
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Will Work For Food or Favors: Roughly 70% of Bush Appointees Remain Unemployed
Published 1, February 22, 2009 Lawyering , Politics , Society 9 CommentsIt has often been remarked that being a member of the Bush Administration would hardly be a resume advantage, particularly in scandalized agencies like the Justice Department. It turns out that many ex-Bush people are finding themselves radioactive in the job market, which is itself smaller than usual in the economic crisis that they helped create. Only 25 to 30 percent of 3,000 political appointees who served President George W. Bush have found work.
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The Pitter Patter of Little Litigator Feet: Florida Courthouse Overrun With Mice
Published 1, February 21, 2009 Bizarre , Courts , Lawyering 23 Comments
There appears to be no professional courtesy between counsel and rodents at the Palm Beach County Courthouse. The court is overrun with mice that are falling from the ceilings and running across the floor during trials.
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Nevada Lawyer With Gambling Addiction Who Stole $400,000 From Clients is Given a Five Year Suspension
Published 1, February 21, 2009 Courts , Lawyering , Society 7 Comments
A frequent commentator on local television in Las Vegas, Douglas Crawford, 53, admits to stealing roughly $400,000 from his client, charging for work never performed, and violating court orders. Despite 65 violations of the Rule of Professional Conduct, the Nevada Supreme Court declared him to be addicted to both gambling and drug and rejected calls for disbarment. Instead, it suspended him for five years.
Pillsbury D’oh!boy: D.C. Partner Leaks Firing Plan on Train By Speaking Loudly Into Cell Phone
Published 1, February 20, 2009 Bizarre , Lawyering 1 Comment
Pillsbury partner Robert Robbins is facing some stern looks at his firm this week after it was revealed that he was the inadvertent source of the leaks of the firm’s plan to lay off lawyers that found its way to the Above the Law website. It turns out the Robbins took the opportunity to speak loudly on a cellphone on a train about the secret firings of almost two dozen lawyers, including listing them by name. He was sitting next to a law student at the time.
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Judge Sharon Keller Charged With Five Ethics Violations
Published 1, February 20, 2009 Courts , Criminal law , Lawyering , Politics , Society 9 CommentsTexas Judge Sharon Keller is having a bad month. Just last week, there was a move in the legislature to impeach her. Now the state judicial ethics commission has charged her with violating her duty and bringing discredit upon the judiciary. It is hard to be sympathetic with her position, however, given Judge Keller’s decision to told the Clerk’s office to close in 2007 when attorneys were rushing over with an after-hours final death row appeal for Michael Richards — who was then executed.
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Earning Your Bones In Court: Descendants of the Apache leader Geronimo Sue Yale and Skulls and Bones Society for Return of His Remains
Published 1, February 19, 2009 Academics , Criminal law , Lawyering , Politics , Society 12 Comments
Descendants of the Apache leader Geronimo have sued the ultra secret society, Skull and Bones, over rumors that the society stole his skull in a grave robbery detailed in society lore.
Accused Serial Rapist and Murderer Lunges At Counsel in Seattle Courtroom
Published 1, February 19, 2009 Courts , Criminal law , Lawyering , Society 7 Comments
For those of you who believe that you have tough clients, you might want to consider the fate of Seattle attorney John Hicks. He represents rapist Curtis S. Thompson who must be wheeled into court with his chest, wrists and ankles bound due to prior threats against attorneys and a judge. That did not stop Thompson from lunging at Hicks in a recent hearing and screaming “You scared to death, ain’t you punk?” Hence the popularity of transactions law.
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Mukasey Delayed Torture Report; Bar Charges May Be Brought Against Bush Officials Like John Yoo
Published 1, February 18, 2009 Academics , Congress , Constitutional Law , Criminal law , Justice , Lawyering , Politics , Society 23 Comments
Newsweek is reporting that former Attorney General Michael Mukasey delayed a critical internal report on the conduct of senior Justice lawyers in the torture scandal, including Jay Bybee, John Yoo and Steven Bradbury. The delayed report not only adds another contradiction to Mukasey’s claims before Congress, but should add pressure on the Obama Administration to stop delaying a criminal investigation into the commission of war crimes by the Bush Administration.
Texas Legislator Moves to Impeach Judge Sharon Keller Over Execution of Prisoner
Published 1, February 17, 2009 Courts , Criminal law , Lawyering , Politics , Society 6 Comments
Texas Rep. Lon Burnam has filed a resolution seeking an impeachment investigation of Court of Criminal Appeals Judge Sharon Keller, who has been denounced around the world for her refusal to keep a court office open to allow the filing of a late appeal in a death case. The prisoner, Michael Richard, was executed that night.
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Nazi Satanist Bites Boy and Verbally Attacks Judge in Indiana
Published 1, February 17, 2009 Bizarre , Courts , Criminal law , Lawyering , Religion , Society 3 Comments
A judge in Muncie, Indiana has accepted a plea of guilty in a bizarre case involving a white supremacist and Satan worshiper who turned a prior hearing into chaos by shouting “Heil Hitler” and “White Power” at the judge before being held in contempt. Dmitriy V. Sklyarov, 20, has now pleaded guilty to biting a 9-year-old child 13 times on the arms and legal in October.
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Ohio Judge Rules That NCAA Cannot Bar Lawyers From Assisting High School Players At Negotiations
Published 1, February 15, 2009 Lawyering , Society 4 Comments
A state judge has struck down one of the most obnoxious rules of the NCAA: a ban on college baseball players hiring lawyers to assist them in discussions with baseball clubs. The NCAA suspended Oklahoma State pitcher Andrew Oliver after her allowed legal advisers to listen to contract negotiations after being drafted by the Minnesota Twins in June 2006. It is amazing that it took so long to strike down this abusive rule that appears designed to maximize the opportunity of these clubs to take advantage of college players.
Mississippi Judge Bobby DeLaughter Indicted
Published 1, February 13, 2009 Courts , Criminal law , Lawyering , Politics , Society 12 Comments
With the recent sentencing of Richard “Dickie” Scruggs on mail fraud charges, there was great speculation as to the fate of Mississippi Circuit Judge Bobby DeLaughter, who was the alleged recipient of a bribe. The speculation is now over with the indictment of the judge with conspiracy, mail fraud and obstruction. The bribery involved a promise to help secure a federal judgeship with the help of Senator Trent Lott (R., Miss.).
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Florida Judge Thomas Stringer Resigns Over Dealings With Stripper
Published 1, February 12, 2009 Courts , Criminal law , Lawyering , Politics , Society 6 Comments
Florida Judge Thomas E. Stringer Sr. has resigned after the disclosure of his dealings with a stripper, Christy Yamanaka, 48. Stringer was accused of helping Yamanaka of hiding assets from their creditors. The allegations were previously discussed on this blog.
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No Nut: Peanut Company President Parnell Takes the Fifth Before Congress
Published 1, February 12, 2009 Bizarre , Congress , Criminal law , Lawyering , Politics , Society 14 Comments
Peanut Corporation of America owner Stewart Parnell has invoked his privilege against self-incrimination to refuse testimony before Congress. It was the smart move. Parnell is in the same position as Roger Clemens and other baseball players accused in the steroid scandal. The most likely charge that they faced was not from the original allegations but their testimony before Congress, the grand jury, or statements to investigators.
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Ken Lawson to Be Sentenced for Drugs While Former Clients Sue Over Malpractice
Published 1, February 10, 2009 Criminal law , Lawyering , Society 4 CommentsDrugs appear to have claimed another leading lawyer — cautionary tale for law students and lawyers alike. Ken Lawson has assembled a reputation in Kentucky for his defense of celebrities and suing police departments. Various clients have sued Lawson for malpractice and Lawson, 45, will be sentenced on federal drug-conspiracy charge.
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