Archive for the 'Lawyering' Category



A Mouthful Dedication

dogwithballsIn sympathy with Majority Leader (and GW Grad) Harry Reid’s effort to deny that there is sufficient evidence to investigate torture, I give you this picture of a similar effort by a canine representative.

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Texas Man Held for 83 Days For Failure to Appear For Jury Duty

TexasDouglas Maupin was held at the Collin County Detention Facility for 83 days for his failure to appear for jury duty. He was never allowed a lawyer during his confinement and refused information on what he was being held for. In the course of his confinement, he lost his rental home, his job and his dog Daisy.
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Lawyer Gets the Boot: Maine Attorney Charged With Criminal Mischief After Driving Off With Denver Boot on Truck

180px-Wheel_Clap_w_OfficerMaine Lawyer Michael Harman, 48, has been charged with criminal mischief after he pulled a Homer Simpson and decided to drive off in his truck after the police put a Denver boot on one of the wheels.
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Three Legal Truths: The Case for The Prosecution of War Crimes By the Bush Administration

torture -abu ghraibBelow is today’s column in the U.S. News and World Report on the case for prosecuting torture and responding to the dwindling number of defenders of the Bush torture program:
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Proceed At Your Own Peril: Holder May Face Congressional Investigation Into His Own Role on Renditions If He Investigates Torture

holderericPete Williams is reporting that Republicans are threatening to expose Attorney General Eric Holder’s role in renditions during the Clinton Administration if he pursues an investigation into torture. Imagine that: raw political retaliation could finally give civil libertarians a full investigation of this country’s long-concealed abuses.
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Full-Service Firm: Jury Awards Over $2 Million for Client Injured by Defective Chair in Personal Injury Law Firm

headerIt appears that the Florida law firm of Fetterman & Associates not only litigates but spontaneously creates personal injury cases. Robert and Heather Friedrich went to the law firm in search of recovery for injuries from an accident — they found it, albeit for injuries in the law firm itself when Robert sat in a defective chair. A jury has awarded the couple more than $2 million for the injury.

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George Washington Moot Court Makes The ABA Journal

05-16Our annual Moot Court for elementary kids has made the ABA Journal! We hosted 150 6th grades from Kent Gardens Elementary School in McLean, Virginia this year. They sat through a trial of the three little pigs and a class on forensics led by a detective. The trial was a double murder and attempted murder case based on the Three Little Pigs. B.B. Wolf was acquitted.
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Bybee Reportedly Seeking Forum to Explain His Role in the Torture Memos

180px-bybee1While Judge Jay Bybee has declined to speak before the Senate Judiciary Committee to explain his role in the Bush torture program, he is reportedly reaching out to Nevada delegation members to find an alternative forum “to tell his side of the story.” I discussed the story on this segment of Rachel Maddow’s show.
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Not-So-Moot Court: Jewish Students Challenge Schedule of National High School Mock Trial

votebackgroundlogoThe students of the National High School Mock Trial are getting some real legal exposure this year with a claim of religious discrimination filed against the organization on behalf of the Maimonides School, an Orthodox Jewish day school in Brookline, Massachusetts. The organization has refused to change the calendar to allow the Orthodox students to compete on a day other than a Saturday.
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Massachusetts Lawyer Robbed During Work As Escort

logoThe ABA Journal is reporting on a case of a lawyer, Nina C. Baccala, 36, who was robbed while moonlighting as an escort. The recent graduate of New England School of Law and Massachusetts lawyer has been waiting for the results of her Rhode Island bar examination. She fought off the attacker who has a criminal record.

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Bush Officials Reportedly Working To Water Down Internal Justice Department Report on Torture

sealdojtorture -abu ghraibThe Washington Post reports that Bush officials are working the halls and telephones of the Justice Department with the formal end of the internal investigation into former Justice officials involved in the Bush torture program, including Ninth Circuit Judge Jay S. Bybee, Berkeley professor John C. Yoo and Steven G. Bradbury. They are reportedly working over former colleagues to soften the language and recommendations of the department. I will be discussing disucssed this and other related stories on this segment of MSNBC Countdown.

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Dull Tools: Prosecutors Says They Were Right to Charge Grandmother With Pornography For Taking Pictures of Kids in Tub

img_srebertThe arrest of Donna Dull, 59, in Pennsylvania for developing pictures of her 2-year-old getting out of the bath has been the subject of national criticism and a lawsuit against the prosecutors. However, officials added to the controversy by appearing to defend the decision to charge the grandmother despite the fact that the charges were later dropped by Stan “The Man” Rebert after a public outcry.
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Texas Court Supports Review of Murder Case Due to Sexual Relationship Between Trial Judge and Prosecutor

The ABA Journal has obtained the findings of Judge Greg Brewer, who is recommending that the case of Charles Dean Hood be reviewed in light of an intimate relationship between former Collin County District Judge Verla Sue Holland and former Collin County District Attorney Thomas S. O’Connell Jr. Notably, O’Connell previously denied such a relationship.

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Chicago Judge Jails Attorney For Document Irregularity Without Explanation

gavel2Lawyers in Chicago are mystified by the actions of Cook County Associate Judge Mark Lopez, who jailed lawyer Nancy Murphy for an unknown offense. Murphy says that she had simply drafted an order and, after giving it to Lopez, was thrown into jail where she was verbally abused by Cook County jail guards and left overnight in a filthy cell.

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Farewell To Bill Moffitt

Today, William B. Moffitt will be buried in Washington, D.C.. Bill was a friend and one of the greatest trial attorneys of his generation. He was only 60. He will be deeply missed.wbmoffitt Continue reading ‘Farewell To Bill Moffitt’

Justice Department to Drop Espionage Case Against AIPAC Lobbyists

300px-aipac_logoThe Justice Department is moving to dismiss the case against Steven J. Rosen and Keith Weissman for espionage. The two men are former lobbyists for the American Israel Public Affairs Committee, or AIPAC. Recently, Rep. Jane Harman was swept into a scandal when it was revealed that she was intercepted by the NSA alleging bargaining to help get the case dismissed in exchange for AIPAC’s help in securing the Chair position on the House Intelligence Committee.

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America’s Torture Doctors Revealed

torture -abu ghraibMeet the America’s Torture Doctors: Bruce Jessen and Jim Mitchell. The names of the two psychologists have been released with a report that they played a critical role in establishing the torture program by attesting to its safety. I will be addressing the annual meeting of the American Psychological Association in Toronto in August on the involvement of doctors in these war crimes.

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Justice David Souter To Retire

225px-davidsouterAssociate Justice David Souter, 69, has announced that he will retire from the Court after 18 years. The announcement comes as a complete surprise because, at 69, Souter is one of the younger members of the Court and was not expected to retire before John Paul Stevens or Ruth Bader Ginsburg. He is twenty years younger than Stevens, who appears intent on remaining on the Court at least for the rest of this term.
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D.C. Lawyer Mark Levy Reportedly Dead By Suicide at His Kilpatrick Stockton Office

levy_markkilpatrick-stockton-logoThere is some more bad news for the D.C. bar this afternoon. Legal Times is reporting that Mark Levy, a well-known lawyer who headed the Supreme Court and Appellate Practice section of Kilpatrick Stockton has killed himself in his office — reportedly by a gunshot of a .38 calibre handgun to the head. The firm had told Levy that he was about to be laid off with a number of other lawyers due to the economy.

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Obama Calls Waterboarding Torture, But Refers to Bush Policies as “Mistakes” and Bad “Techniques”

220px-barack_obamatorture -abu ghraibCivil libertarians were a bit disappointed again in President Barack Obama’s press conference on Wednesday. While he reaffirmed that he views waterboarding to be torture (a well-established legal fact), he repeatedly referred to what the Bush Administration did as a “technique” of interrogation and a “mistake.” I discussed the Obama press conference and the torture issues on this segment of Rachel Maddow. I will be discussing these issues again on tonight’s Hardball.

Continue reading ‘Obama Calls Waterboarding Torture, But Refers to Bush Policies as “Mistakes” and Bad “Techniques”’

Bybee Defends Torture Memos While Ranking Republican Says He Should Be Given Medal

180px-bybee1Ninth Circuit Judge Jay S. Bybee responded yesterday to critics about his infamous role in writing some of the torture memos. Notably absent is his earlier denial of being the author of the memos that he signed, according to close friends. He now stands by the torture memos and Rep. Peter King (R., N.Y.) says that Bybee should be given a medal for rationalizing torture. I discussed the Obama press conference and the torture issues on this segment of Rachel Maddow.
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D.C. Personal Injury Lawyer Charles Schulze Dies Rescuing Two Drowning Boys

150px-cornwall_waveThe torts bar lost a hero this week. Washington personal injury lawyer Charles Schulze, 73, of Schulze & Pederson died in his rescue of two drowning boys off Pompano Beach, Florida.

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Illinois Bar Considering Disbarment of Lawyer For Inflating Grades from University of Chicago

130px-wite-out_123Illinois Attorney Registration and Disciplinary Commission is considering disbarment of attorney Loren E. Friedman, a 2003 graduate of the University of Chicago Law School, who is accused of whiting out his C grades to increase his GPA. Friedman worked at Sidley Austin for a summer and the hearing board recommended a three-year suspension.
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Suspended Phillies Players J.C. Romero Sues Supplement Manufacturer Over Suspension

oxoexThere is an interesting lawsuit by Phillies reliever J.C. Romero who was suspended after testing positive for a banned substance. Romero is suing the manufacturer of 6-OXO Extreme supplement because it did not specify that it included androstenedione, which is prohibited by the Major League Baseball. He is suing Proviant Technologies and Ergopharm.

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McCain: Bush Administration Violated Geneva Conventions and Convention Against Torture

220px-john_mccain_official_portrait_with_alternative_backgroundOn Face the Nation this morning, Sen. John McCain became the latest figure to publicly state that the Bush Administration violated the Geneva Conventions and the U.N. Convention Against Torture. It is not clear how many international and domestic figures will have to publicly acknowledge these crimes before Attorney General Eric Holder will appoint a special prosecutor. I discussed the torture issue last night on this segment of MSNBC Countdown.
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Feith Calls for Prosecution of Any Crimes But Will Holder Answer?

200px-douglas_feith-1In a true sign of the apocalypse, civil libertarians have something to agree on with Doug Feith (the former Bush Under Secretary of Defense for Policy) who is universally ridiculed for his role on some of the most disastrous policies of the Bush Administration. The Wall Street Journal ran an opinion editorial from Feith virtually daring the Obama Administration to investigate and prosecute any crimes related to the torture program. Obviously, Feith is widely viewed as a bit of a clown, but it is time for Holder to stop trying to find a way out and call the bluff of Cheney, Feith and others. He needs to appoint a special prosecutor to allow a neutral prosecutor to determine if crimes were committed.
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Former Klan Leader David Duke Arrested in Czech Republic for Holocaust Denial

280px-david_duke_belgium_2008Former Klan leader David Duke has been detained by police in Prague on suspicion of denying the Holocaust. Despite the universal loathing of Duke and other Holocaust deniers, the arrest hits a difficult issue for civil libertarians. Criminalizing a viewpoint is a fundamental denial of free speech and allows prosecution for unpopular thoughts or views.
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Bush Officials Surface To Answer Torture Claims

humorous-167_smallIn light of the recent defenses made recently on behalf of Judge Jay Bybee, John Yoo, and Steven Bradbury, this picture appears to capture their sudden emergence into the public debate.
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The Alberto Gonzales Defense: Judge Bybee Reportedly Denies That He Wrote Infamous Memo

180px-bybee1225px-alberto_gonzales_-_official_doj_photographAccording 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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White House: No Special Prosecutor on Torture

obama-and-gibbsIt 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

250px-95-98_ford_explorerThe 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

225px-condoleezza_rice_cropped225px-john_ashcroftA 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

holdereric 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

madlyn_primoff1primoff_madlynMadlyn 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

180px-bybee1160px-patrick_leahy_official_photoSen. 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”

160px-harman_jane300px-aipac_logoRep. 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.

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Gilded Cage: Jailbird Contractor Sentenced to Live in the $5 Million Mansion That He Upgraded Through His Tax Evasion Scheme

250px-de_morgan_-_guilded_cageNow 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.

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President Obama Leaves Open Possibility of Prosecutions for Torture While His Intelligence Director Affirms That the Torture Program Was Successful

225px-official_portrait_of_barack_obama230px-dennis_blair_official_director_of_national_intelligence_portraitPresident 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.

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KBR Memos Reveal Knowledge of Dangerous Conditions Before Sending Drivers Into Fire Fight

kbr_logoThe 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.

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Feinstein Accused of Self-Dealing in $25 Billion Legislation for FDIC

225px-dianne_feinstein_official_senate_photoSen. 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

225px-richard_cheney_2005_official_portraittorture -abu ghraibAfter 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

supreme courtHere 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

logo2I 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

guymon1This 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

180px-jointChicago 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

humorous-069_smallFinally, 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

225px-official_portrait_of_barack_obama125px-flag_of_the_united_nationssvgU.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

khalid_shaikh_mohammed_2One 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

roxana-saberi-2An 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

180px-bybee1torture -abu ghraibThe 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

225px-official_portrait_of_barack_obamapic_claire21After 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.”

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“Judge” Mathis Goes Video: Fun With Prison Rape and Other “Justice Issues”

gam_judgemathisgta_580-500x238-customI 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

160px-john_murtha_official_photoNA-HadithaA 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

150px-shotgunactionSuperior 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

default3There 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

225px-alberto_gonzales_-_official_doj_photograph180px-bybee1Spanish 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.

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Obama Opposes Right for Detainees in U.S. Military Prisons to Challenge Their Detention

225px-official_portrait_of_barack_obama225px-george-w-bushAfter 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.

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The Lupe Vélez Defense: Husband Faces Second Trial Over Toilet Murder

Toilet DrowningWisconsin 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.
Continue reading ‘The Lupe Vélez Defense: Husband Faces Second Trial Over Toilet Murder’

Happy Easter!!!

180px-easter_postcard_1910Happy Easter to Everyone on the Turley Blog. The Easter Bunny came as expected this morning, bringing sugarly foodstuffs . . . and even edible grass this year!

Continue reading ‘Happy Easter!!!’

A Tired Bunny

humorous-136_smallWhile 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.

Continue reading ‘A Tired Bunny’

No Briefs, No Ruling: Law Student Strips in Protest of Ruling on Sale of Leavened Bread

180px-fd_1Religious 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.”

Continue reading ‘No Briefs, No Ruling: Law Student Strips in Protest of Ruling on Sale of Leavened Bread’

International Blasphemy: The Free World Bars Free Speech

stone-1Here 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.

Continue reading ‘International Blasphemy: The Free World Bars Free Speech’

Frozen Assets: Court To Decide Distribution of Bullmastiff Semen as Estate Asset

800px-bravehearts_sampsonFamily 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.

Continue reading ‘Frozen Assets: Court To Decide Distribution of Bullmastiff Semen as Estate Asset’

Alaska Legislators Demand Apology to Stevens And Federal Lawsuit

225px-ted_stevens 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.

Continue reading ‘Alaska Legislators Demand Apology to Stevens And Federal Lawsuit’

Federal Judge Appoints Special Prosecutor To Investigate Mishandling of Stevens Prosecution

225px-ted_stevenssullivanIn 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.

Continue reading ‘Federal Judge Appoints Special Prosecutor To Investigate Mishandling of Stevens Prosecution’

NASA Captures Hand of God Reaching Across Space . . . As Stevens Goes To Court To Declare Victory

0_61_nebula_chandra_handNASA 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.

Continue reading ‘NASA Captures Hand of God Reaching Across Space . . . As Stevens Goes To Court To Declare Victory’

Federal Judge Rules Justice Department Withheld Evidence That Key Witness in Detainee Cases Was Mentally Disturbed

sullivanThe 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.

Continue reading ‘Federal Judge Rules Justice Department Withheld Evidence That Key Witness in Detainee Cases Was Mentally Disturbed’

Another Texas Judge Accused of Wrongdoing

6a00d8342adfcf53ef01156ed639b9970c-200wiJudges 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.

Continue reading ‘Another Texas Judge Accused of Wrongdoing’

FAT CAT

humorous-019_smallWith 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.
Continue reading ‘FAT CAT’

Slap on the Wrist for “Spanking Judge”: Texas Commission Fails To Remove Judge Who Ordered Spankings In Courtroom

judgeThe 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.
Continue reading ‘Slap on the Wrist for “Spanking Judge”: Texas Commission Fails To Remove Judge Who Ordered Spankings In Courtroom’

Judge Claims Judicial Immunity After Being Sued for Judicial Corruption

judge-mark-ciavarella-247x300Now 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.

Continue reading ‘Judge Claims Judicial Immunity After Being Sued for Judicial Corruption’

The Ultimate Subrogation Contract: Man Sues Neighbor for Failure to Impregnate Wife

180px-uniformcommercialcodeIt 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.

Continue reading ‘The Ultimate Subrogation Contract: Man Sues Neighbor for Failure to Impregnate Wife’

“Holy Hell Has Broken Loose”: Controversial Obama Intelligence Official Blocks Efforts to Release Torture Memos

torture -abu ghraibThere 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.

Continue reading ‘“Holy Hell Has Broken Loose”: Controversial Obama Intelligence Official Blocks Efforts to Release Torture Memos’

Justice Department Finds D.C. Vote Bill Unconstitutional — Holder Reverses Conclusion and Declares Bill Constitutional

holdereric225px-alberto_gonzales_-_official_doj_photographThe 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.
Continue reading ‘Justice Department Finds D.C. Vote Bill Unconstitutional — Holder Reverses Conclusion and Declares Bill Constitutional’

Attorney General Eric Holder Announces Justice Department Will Not Investigate War Crimes Due to Prosecutorial Misconduct

holderericIn 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.”
Continue reading ‘Attorney General Eric Holder Announces Justice Department Will Not Investigate War Crimes Due to Prosecutorial Misconduct’

Justice Department To Void Case Against Former Sen. Ted Stevens

225px-ted_stevensThe 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.

Continue reading ‘Justice Department To Void Case Against Former Sen. Ted Stevens’

Judge Sharon Keller Faces New Ethics Charge

keller_sharon_newProblems 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.
Continue reading ‘Judge Sharon Keller Faces New Ethics Charge’

Alabama Judge Charged in Prisoner Abuse Case

small_jms_frontFormer 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.

Continue reading ‘Alabama Judge Charged in Prisoner Abuse Case’

“Lawyer of Love” Files Sexual Harassment Lawsuit Against Playboy

corri-fetman-playboy-lawyer-of-loveChicago 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.
Continue reading ‘“Lawyer of Love” Files Sexual Harassment Lawsuit Against Playboy’

The Lazarus Clause: Judge and Prosecutors Secure Plea From Deranged Mother With a Resurrection Clause

41587058-12191952ht_ramkissoon_080812_mnProsecutors 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.
Continue reading ‘The Lazarus Clause: Judge and Prosecutors Secure Plea From Deranged Mother With a Resurrection Clause’

Federal Court Throws Judge Off Case After Sharp Exchange With Counsel in Court

gavel2An 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.
Continue reading ‘Federal Court Throws Judge Off Case After Sharp Exchange With Counsel in Court’

Seller’s Remorse: Lawyer Reportedly First Tries to Sell Tape of Ashley Biden Allegedly Snorting Cocaine and Then Withdraws

sendbinaryAccording 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.
Continue reading ‘Seller’s Remorse: Lawyer Reportedly First Tries to Sell Tape of Ashley Biden Allegedly Snorting Cocaine and Then Withdraws’

Bias in the Beth Din: State Court Vacates Judgment of Religious Court Due to Bias

125px-star_of_davidsvgthumb_election_scales1Courts 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.

Continue reading ‘Bias in the Beth Din: State Court Vacates Judgment of Religious Court Due to Bias’

Lawyer Allegedly Murdered By Husband in Midst of High-Profile Murder Trial

artchiquitatatecnnLouisiana 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.

Continue reading ‘Lawyer Allegedly Murdered By Husband in Midst of High-Profile Murder Trial’

Fraud Fetish: Lawyers Accused of Duping Fetish Club Members With Help of Dominatrix

web-george-guldi-239x300Lawyer 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.
Continue reading ‘Fraud Fetish: Lawyers Accused of Duping Fetish Club Members With Help of Dominatrix’

Covington & Burling Slams Former Associate Who Brought Discrimination Lawsuit Alleging “Jim Crow” Policies

yolanda-headshotlogo_home 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.

Continue reading ‘Covington & Burling Slams Former Associate Who Brought Discrimination Lawsuit Alleging “Jim Crow” Policies’

Former Pennsylvania Judge Wins Rehearing After Claiming She Was Framed By Other Judges Who Recently Pleaded Guilty to Crimes

gavel2Former 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.

Continue reading ‘Former Pennsylvania Judge Wins Rehearing After Claiming She Was Framed By Other Judges Who Recently Pleaded Guilty to Crimes’

Lawyer Accused of Massive Fraud — and Hitting Up Priest

thumb_money_bag_greenthumb_christian_crossAttorney 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.

Continue reading ‘Lawyer Accused of Massive Fraud — and Hitting Up Priest’

New York City Detective Charged With Perjury — The Latest in a Series of Such False Testimony Cases Involving Police Officers

genx_lg_ee02714Lawyers 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

keller_sharon_newIn 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.

Continue reading ‘Judge Keller Defends Herself Against Judicial Ethics Charges’

An Un-Worthy Moment: Judge, Prosecutor, and Two Police Officers Indicted Over False Testimony in Drug Case

klw2While 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.
Continue reading ‘An Un-Worthy Moment: Judge, Prosecutor, and Two Police Officers Indicted Over False Testimony in Drug Case’

When Judges Attack: Florida Judge Leaps Off Bench To Tackle Defendant

richards_ianBroward 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.

Continue reading ‘When Judges Attack: Florida Judge Leaps Off Bench To Tackle Defendant’

Justice Delayed: Nine Death Row Inmates Lost Appeals Due to Late Filings By Counsel

260xstory1A 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.

Continue reading ‘Justice Delayed: Nine Death Row Inmates Lost Appeals Due to Late Filings By Counsel’

California Lawyer Charged With Murder

the-thomas-white-affair3162034519989304_bg2This 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.

Continue reading ‘California Lawyer Charged With Murder’

Publish and Perish: Law Professor’s Writing on His Jury Experience Leads to the Overturning of Verdicts

martin_02Most 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.
Continue reading ‘Publish and Perish: Law Professor’s Writing on His Jury Experience Leads to the Overturning of Verdicts’

Lawyer Reprimanded for Suing His Own Sister

roy-1Roy 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.

Continue reading ‘Lawyer Reprimanded for Suing His Own Sister’

Prêt-à-Prisoner: New Jersey Supreme Court Rules That Witnesses Cannot Be Forced to Wear Prison Garb

180px-loc_utah_prisoners_c1885_3b27385uThe 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.”

Continue reading ‘Prêt-à-Prisoner: New Jersey Supreme Court Rules That Witnesses Cannot Be Forced to Wear Prison Garb’

Dressing Down: Judge Posner Demands Discipline of Prosecutor Over Alleged Misconduct in Salad Dressing Case

posnerhenries31-150x150Judge 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.
Continue reading ‘Dressing Down: Judge Posner Demands Discipline of Prosecutor Over Alleged Misconduct in Salad Dressing Case’

HAPPY Pi DAY!!!

140px-pi-symbolsvgIt 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.
Continue reading ‘HAPPY Pi DAY!!!’

Anna Nicole Smith Attorney and Partner Charged on Drug Charges With Two Doctors

picture-2Lawyer 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.
Continue reading ‘Anna Nicole Smith Attorney and Partner Charged on Drug Charges With Two Doctors’

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