JONATHAN TURLEY

U.S. District Judge Donald Molloy has stopped the controversial hunt for gray wolves in Montana, granting a preliminary injunction restoring the wolves to the endangered list. Given the need to show a likelihood to prevail on the merits, it is an important ruling for environmentalists. The planned hunt was endorsed by the ironically named Ed Bangs, a federal biologist who declared the decision to delist wolves as “a very biologically sound package.” Obviously, a neutral federal judge disagreed with Bangs’ view.

Continue reading ‘Less Bangs for Your Buck: Bush Administration Loses Effort to De-List and Allow Hunting of Gray Wolves’

Pakistani Judge Mian Muhammad Naeem has reportedly ruled that two Christian girls who were kidnapped and then converted to Islam cannot be returned to their family, including Saba Younas, aged 13, who was forced to marry the son of one of the kidnappers. Naeem ruled that the girls “have converted in a legitimate manner to Islam” and therefore cannot be “restored to their family of origin”.

Continue reading ‘Pakistani Judge Rules that Kidnapped Girls Who Were Converted to Islam Cannot be Returned to Family — Including One Married Off at 13′

Oklahoma County Commissioner Brent Rinehart is facing a tough election, so he has taken a page out of one of the oldest books of politics: he has demonized his opponents as “liberal good ol’ boys,” gays and tools of Satan. In this case, however, the book is a juvenile comic book that Rinehart has written and illustrated. He intends to send the comic book to voters depicting his opponents as Satan-following, Gay-loving liberals terrified of . . . you guessed it . . . Brent Rinehart.
Continue reading ‘Sooner v. Satan: Oklahoma Commissioner Reduces Campaign to a Homophobic Comic’

Congressional hearings have revealed that John Yoo was the favored candidate to lead the Office of Legal Counsel at the Justice Department based on a single resume item: his tolerance and support of torture. Alberto Gonzales and Cheney aide David S. Addington fought former Attorney General John Ashcroft, who submitted five names for the position that conspicuously omitted Yoo’s name.

Continue reading ‘Earning Your Bona Fides in the Bush Bada Bing Club: Administration Officials Pushed for Yoo to Head OLC Based on His Support for Torture’

A very disturbing case has emerged from Florida where police entrapped Frank Milio, a 94-year-old man suffering from dementia. What is remarkable is that prosecutors did not drop these charges. It took a judge to throw them out — allowing Milio to move into an assisted care facility. He is not the only geriatric scooped up by the Manatee County Sheriff’s Office, which seems to developing a reputation for entrapping the elderly. Frank Underhill, 93 (pictured here), was arrested in the same operation.

Continue reading ‘Florida Judge Finds Police Entrapped 94-Year-Old Man With Dementia in Prostitution Sting’

No this is not a story out of Tehran. In Georgia, a federal court is considering an interesting challenge to the state’s sex offender laws. Wendy Whitaker, 28, has had enough. She was put on the sex offender list after being found guilty of having oral sex at 17 with a 15-year-old boy. She has now had to move twice because she is not allowed to live within 1,000 feet of places where children congregate. She has been told that her new home is also off limits because it is near a church.
Continue reading ‘Wendy Whitaker: Another Outrage Emerges From Georgia’s Statutory Rape Law’

Last week, the defense filed papers showing that, despite claims of the prosecutors in court to Judge Brinkema, the government has been aware of valid travel documents of Dr. Sami Al-Arian for weeks. Today’s filing, also made at the request of the court, shows that Dr. Al-Arian never waived his statutory rights with regard to pre-trial release. The filing is posted below.

Continue reading ‘Dr. Sami Al-Arian Newly Filed Papers Further Contradict Statements of the Justice Department’

In a long-delayed action, the chief prosecutor of the International Criminal Court has filed genocide charges against Sudanese President Omar Hassan al-Bashir for a five-year campaign of violence in Darfur. It is a great moment for the rule of law and justice.

Continue reading ‘Sudanese President Omar Hassan al-Bashir Charged with Genocide’

In Winnipeg, a white nationalist mother thought it was fun to draw a swastika on the arm of her seven-year-old daughter. When a teacher rubbed off the mark, the mother drew it back on. The second time, the school reported the incident and child welfare officials took both the daughter and a two-year-old boy away from the mother. It is a case that raises very serious questions of free speech balanced against child welfare.
Continue reading ‘Children Taken Away From Nazi Mother in Canada’

A prior entry discussed the refusal of Disney and Universal Studios to comply with a new Florida law allowing citizens to bring guns to work. (SeaWorld is allowing armed employees). Now, Edwin Sotomayer has sued Disney after he was fired for packing at the Animal Kingdom and the matter will move to the courts.
Continue reading ‘Disney Sued Over Gun Ban at Animal Kingdom’

In yet another confrontation between France and the Muslim community, the government has refused to give a woman citizenship because she is too submissive to Islam and to men. In a June ruling, the Council of State found that the Moroccan woman’s religious beliefs are incompatible with French citizenship. Notably, the woman speaks good French, is married to a French national, has lived in the country since 2000, has three children born in France, and has never been arrested for a crime.
Continue reading ‘Muslim Woman Denied French Citizenship for Being Too Submissive’

An explosive new book will disclose a Red Cross report that found that the Bush Administration committed clear acts of torture and that Bush Administration officials could be charged with war crimes. The book The book, “The Dark Side: The Inside Story of How the War on Terror Turned Into a War on American Ideals,” by New Yorker writer Jane Mayer, gives details of the confidential report. I will be discussing its implications on MSNBC’s Countdown tonight. For the video, click here.
Continue reading ‘Book: Red Cross Informed Administration that Officials Could Be Tried for War Crimes’

As shocking as it may seem, the evidence appears to confirm that the Iranian Revolutionary Guard altered the recent missile launch pictures to increase the number of missiles in a show of strength. This form of missile envy was uncovered after Agence France-Presse (AFP) ran the picture.

Continue reading ‘Iran Threatens to Photoshop Israel Out of Existence’

In what is now an almost mocking level of contempt, Karl Rove has refused to appear before Congress despite a subpoena to do so. While claiming executive privilege, there is no justification for the failure to appear and to answer any questions on the firing of U.S. attorneys. The question is what will the Democratic Congress do beyond expressions of outrage. It is a question that I will discuss on the Dan Abrams show tonight.

Continue reading ‘Rove Again Refuses to Testify Under Subpoena’

In a set back for the government, Dr. Sami Al-Arian was granted bail by Judge Leonie M. Brinkema today. Over the objections of the government and the pre-trial services, Judge Brinkema agreed that Dr. Al-Arian was not a flight risk and no danger to the community. The government has suggested that it may now block release by having Immigration officials hold Dr. Al-Arian for deportation — despite the fact that it is trying to hold him for years under a criminal sentence rather than deport him.
Continue reading ‘Dr. Sami Al-Arian Granted Bail’

It appears that Iran will never have our freedom, but it can buy our bull semen at a gross discount. A recent study has shown that exports to the third leg of the axis of Evil has increased 10 fold under Bush from bras to cosmetics to cigarettes to bull semen.
Continue reading ‘Outfitting the Axis of Evil: Exports to Iran Increase 10 Fold Under Bush’

In a curious move, the Bush Administration is now refusing a demand from the duly elected Iraqi government for a date of withdrawal. It appears that we are not done rescuing the Iraqis — no matter what the Iraqis may think. So it appears that a continued open-ended occupation now opposed by a majority of voters, a majority in Congress, and a majority of Iraqis will continue until the White House is satisfied. It appears that all that business about the freely elected government was simply aspirational.

Continue reading ‘Sorry, We’re Not Done Liberating You: Bush Administration Refuses To Yield To Iraqi Demand for Withdrawal’

It appears that mere blogging with flogging is not enough. Beheading bloggers will now be the new rage in Persia. In its race back to the Dark Ages, Iran and its Mullahs have written a new law that would put bloggers to death for any writing that is viewed as advocating corruption, prostitution, or desertion of Islam. Such bloggers would be deemed mohareb (an enemy of God) and “corrupt of the earth.” This category of criminals allows the Iranian “courts” to inflict a range of punishment that includes amputations and execution.

Continue reading ‘Post and Perish: Iran Set to Make Offensive Blogging a Death Penalty Offense’

President Bush has been unsuccessful lately in abridging the Constitution with stinging loses in the last month before the Supreme Court and lower courts. He appears now to be attacking the problem at its source: the Founders. In a July 4th speech at Monticello, Bush cleaned up a famous quote by Jefferson by deleting a line that is viewed as critical of religious superstitions and ignorance. The video of the event and the original quote are below.

Continue reading ‘Jefferson Abridged: Bush Deletes Line from Jefferson Quote that Criticizes Religious Superstition’

A new study concludes that the “don’t ask, don’t tell” law does little in terms of actual military readiness and that openly gay soldiers would not significantly diminish morale or fighting capability in the U.S. military. If raised by reporters, the study could put pressure on Barack Obama, who is trying to move to the right in preparation for the general election. John McCain is expected to support the continuation of the current law.

Continue reading ‘Study: Openly Gay and Lesbian Have No Significant Impact on Morale or Fighting Capability’

It is unclear whether it is a demonstration of his own disregard for human rights or the new power China holds on the world, but President George Bush has decided that he will go to the opening of the Olympics. Various human rights groups encouraged Bush not to attend — a modest show of opposition to China’s crackdown on Tibet and a wide array of dissidents.

Continue reading ‘Bush To Go to the Olympics: Tibet and Crackdown on Dissidents No Reason to Avoid Celebration’

In Hebron, a mob of Israeli settlers are accused of attacking 30-year-old teacher, Midhat Abu Karsh, from the southern West Bank village of As-Samu. They allegedly dragged him to a nearby settlement outpost where he was tied to an electricity pole.

Continue reading ‘Settlers Accused of Assaulting Palestinian Teacher and Then Tying Him to Post’

Lord Chief Justice Lord Phillips has declared that Islamic legal principles can be applied by courts to resolve certain family, marital, or contractual cases. In a speech at an East London mosque, Lord Phillips said that Sharia can be applied so long as it does not conflict with English law.

Continue reading ‘Lord Chief Justice Endorses Use of Sharia Law in Some Cases’

In the wake of the recent Supreme Court victory over the Second Amendment and a new Florida law, the National Rifle Association (NRA) is taking on the mouse. Disney is refusing to allow employees and guests to bring guns to their parks — claiming a rather stretched exception to a Florida law allowing citizens to take their guns to work. Universal Studios has also refused to comply. SeaWorld, however, has said that it will allow its workers to pack and play. The NRA is irate over Disney’s effort to keep guns out of “The Happiest Place on Earth.” It seems that if guns are outlawed in the Magic Kingdom, only the Pirates of the Caribbean will have guns.

Continue reading ‘Grumpy Wants a Gun: Disney Refuses to Allow Guns on Property in Showdown With NRA and Florida Legislators’

Just as Democrats are leading the effort to extinguish lawsuits against telecommunication companies for unlawful surveillance of citizens, a federal judge has ruled that President Bush and his aides violated federal law in conducting the surveillance program. Not addressed in the opinion of U.S. District Court Judge Vaughn Walker is that a violation of the FISA law (which he found trumps the military and state secrets privilege) is a felony. Meaning? President Bush knowingly committed felonies over thirty times and Congress has remained completely passive. In the meantime, Walker has ruled that the Al Haramain Islamic Foundation must still supply evidence that it was the subject of the illegal program despite the fact that the courts will not let it use evidence accidentally disclosed by the government (that seems to establish that fact).

Continue reading ‘Court Rules that Bush Surveillance Program Was Unlawful’

First, Ray is accused to shilling donuts for terrorists, here, now her show is accused for harassing staff with eating disorders. Former accountant Aaron Ferguson has sued for his treatment by Ray’s show as he battled anorexia. He is seeking $1 million in damages. It is not the only interesting recent case involving anorexia. The parents of Janell Smith are suing after their daughter was denied insurance for her anorexia and was sent home — where she committed suicide.
Continue reading ‘Rachael Ray Show Sued for Being Anti-Anorexic’

University of Minnesota student Max P. Sanders, 19, has been charged with a long felony for putting his vote in the presidential election up for sale on EBay. While he insists that it was a joke, the prosecutors insist it was a crime.

Continue reading ‘Election Day Sale: Minnnesota Student Charges After Trying to Sell Vote for $10′

This one could only have been written by Karl Rove. In North Carolina, police have arrested two democratic officials for their involvement in Satanic rituals involving shackling people to beds, caging people, and deyning people food and water. Joy Johnson, 30, a third vice-chairwoman of the Durham County Democratic Party and vice chairwoman of the Young Democrats, was charged Friday with two counts of aiding and abetting. Her husband, Joseph Scott Craig, 25, was charged with second-degree rape, second-degree kidnapping and two counts of assault with a deadly weapon.

Continue reading ‘Democratic Party Officials Arrested in Satanic Ritual Case’

Houston residents are up in arms after receiving free Qurans from the Book of Signs Foundation. While free bibles are routinely left at homes and businesses, residents found the Quran to be outrageous. The campaign was an effort of Muslims to help people get a better understanding of them and their religion.

Continue reading ‘Holy Nuisance: Houston Residents Upset with Free Qurans Left on Doorsteps’

Mexican citizens are in an uproar over newly released videos which appear to show a U.S. contractor teaching Mexican policy how to torture suspects, including a crude variation of water boarding. The Mexican police have been repeatedly accused of torture and this video show them practicing such techniques as dragging people through their own vomit under the directions of a U.S. adviser. It appears that we are succeeding in exporting something to Mexico, but (to paraphrase Ross Perot) that “great sucking sound” is not the loss of jobs.

Continue reading ‘Shock Video: U.S. Contractor Allegedly Shown Teaching Mexican Police How to Torture Suspects’

Below is today’s column on the end of the Supreme Court term. It looks at the implications of the current Court for either a President Obama or a President McCain. An interesting analogy can be drawn to the Four Horsemen and Three Musketeers of the Hughes Court during the first term of Franklin Delano Roosevelt.

Continue reading ‘The Roberts Court and The Return of the Four Horsemen’

Jeffrey Epstein, a billionaire and friend of Bill Clinton, has bee sentenced to 18 months in jail (plus a year of house arrest) for soliciting prostitution from underage girls in South Florida. Several women are now suing him.

Continue reading ‘Billionaire Jeffrey Epstein Sentenced for Soliciting Underage Girls’

Joe Horn, a man who killed two men who broke into a neighbors house will not be charged despite an audio recording in which Horn disobeys a dispatcher and seems intent on killing the men. A Texas grand jury refused to indict him for the killings in November.

The Horn case has focused attention on so-called Make My Day Laws (or the Castle Doctrine). Horn expressly cited his right to shoot the men before going outside to encounter him. For a prior story, click here and here.

For the full article, click here

Dr. Al-Arian was arraigned today before United States District Judge Leonie Brinkema of the United States District Court for the Eastern District of Columbia. In court were three of Dr. Al-Arian’s children and, despite to changes to the hearing time, supporters of Dr. Al-Arian.

Continue reading ‘Dr. Sami Al-Arian Arraigned’

In the last year, we have seen some alarming examples of how Canada has rolled back on free speech, particularly in cases of alleged discrimination (here and here). However, the Supreme Court of Canada has handed down a unanimous decision that offers great hope that free speech is not dead in the North. The Court ruled 9-0 in favor of controversial Vancouver radio broadcaster Rafe Mair in his libel case.
Continue reading ‘Supreme Court of Canada Defends Fair Comment and Free Speech’

In Sweden, a family has found itself reported to Parliament for its violations of anti-discrimination laws. The offense? It’s eight-year-old boy failed to invite two children to his birthday party. It is still unclear whether the “goodie bags” will raise any additional legal questions, but party counsel has been hired for the occasion.

Continue reading ‘Swedish Tort: Parliament Considers Charge of Discrimination for Not Inviting Two Boy to Birthday Party’

Dr. Sami Al-Arian is scheduled to be arraigned at 10 a.m. on Monday, June 30th, in the Alexandria Courthouse. He will appear before Judge Leonie Brinkema, who is also the judge in my representation of Dr. Ali Al-Timimi. A copy of the indictment is below.
Continue reading ‘Dr. Sami Al-Arian to Be Arraigned at 10 am on Monday, June 30th’

Late last night, I filed our challenge to the ironically names “The Fairness for Experienced Pilots Act,” legislation that wipes out the seniority, benefits, and status of pilots who turned 60 before December 13, 2008 — the date of the Act’s enactment. This new Age 60 rule violates a host of constitutional and statutory laws, as the brief below explains.

Continue reading ‘Senior Pilots Challenge “The Fairness for Experienced Pilots Act”’

This evening the Justice Department issued indictments for Dr. Sami Al-Arian. Just yesterday in my testimony before the Judiciary Committee, I discussed Dr. Al-Arian’s case and the pattern of how the Justice Department has abused the grand jury system. As is eager to prove the pattern, the Justice Department indicted him despite his giving a full account of his knowledge of IIIT and his lack of any knowledge of any crime committed by IIIT or its officers. Our statement on the indictment is below.
Continue reading ‘Dr. Sami Al-Arian Indicted on Two Counts of Criminal Contempt’

With the final victory of the NRA in securing recognition of an individual right of gun ownership, it will now be time to retire that classic American icon: the “You Will Have to Peel My Cold Dead Fingers From My Gun” Bumper Sticker. This allows still unresolved legal questions to claim the right to use the classic formula of cold dead fingers and hot legal issues. Below are my top ten list but I would be interested to hear your own proposals.
Continue reading ‘Cold Dead Finger Bumper Sticker Contest’

The Second Amendment has always been like the lost continent of the Constitution. Well, today the Supreme Court discovered it — right between the first and third amendments — after 127 years. The Court ruled that the Second Amendment does indeed create an individual right to gun ownership. The opinion can be accessed here.

The Supreme Court also gave a victory to millionaires running for office who can finance their campaigns more freely — or buy guns more easily.

Continue reading ‘The Lost Constitutional Continent Found: Supreme Court Recognizes Individual Right of Gun Ownership’

Michele DeKonty, who served as chief of staff at the U.S. Office of Juvenile Justice and Delinquency Prevention (OJJDP), has been fired after invoking the Fifth Amendment and refusing to answer congressional questions over granting favors to certain organizations in federal grants. It is yet another scandal in the Bush Administration that shows how deep the damage has been at the Justice Department. She is accused of cutting corners for faith-based organizations. This is not good news for Regents University, the religious based law school that has been a favorite hiring ground for the Bush Justice Department. DeKonty is a graduate of Regents University and has been compared to that other infamous Regent grad, Monica Goodling.

Continue reading ‘Faith-Based Favors: Justice Department Official Fired After Invoking the Fifth Amendment in Congressional Investigation’

Rep. James Fagan, a Democrat Massachusetts politician and defense attorney, is under attack for his opposition to the Jessica’s Law (imposing still penalties on child sex offenders. In the video below, Fagan declares that, if the law passed, he would “rip apart” child rape victims to the point to destroying them for life.

Continue reading ‘Shock Video: Massachusetts Legislator Under Attack for Declaring That He Would “Rip Apart” Child Rape Victims’

This morning I will testify in the House Judiciary Committee on the Bush Administration’s record on prosecuting terrorism. The Justice Department continues to inflate the number of terrorism cases by citing such crimes as immigration violations and general fraud as terrorist-related. The result is to give a false impression that there is a great level of domestic terrorism than is truly the case. Below is the testimony (footnotes not included).
Continue reading ‘Body Count Culture: Testimony on the Bush Administration’s Record of Terrorism Prosecution’

I am not one who subscribes to the theory of a pre-election attack on Iran, but it is getting harder with GOP advisers and pundits openly opining of the likelihood or benefit from either an Iranian attack or even a terrorist attack. Pundit Bill Kristol told Fox viewers that, if the American people do not support McCain, Bush may feel that he has little choice but to attack Iran. In the meantime, a leading adviser to McCain has said that a terrorist attack would be a big benefit for the flagging campaign. Finally, John Bolten is penciling an attack on Iran from Israel for pre-inauguration but after the election.

Continue reading ‘Politics of Terror: GOP Adviser and Pundit Raise Possibility of Pre-Election Attacks’

China officials reportedly taught the good people near Aksu city in Xinjiang a thing or two about team spirit. When the local mosque balked at posting signs praising the Olympics on its walls, the Chinese had the mosque destroyed. That’ll show ‘em.

Continue reading ‘Team Spirit: China Accused of Destroying Mosque for Refusing to Put Up Signs Cheering the Olympics’

Outside Baghdad, an Iraqi official killed at least three soldiers, including at least one American soldier, after he pulled out an AK 47 at the City Council building. The Americans were present to celebrate the opening of of a park in al-Maaden.
Continue reading ‘Iraqi City Councilman Kills Three Soldiers After Friendship Ceremony’

Tran Trong Duyet is hardly someone with a great deal of credibility: he is the former head of the notorious Hoa Lo prison — better known as the Hanoi Hilton. While Duyet has come out for McCain, he has accused him of lying about the torture that he endured. Now, all he needs is a 527 designation and we will be set for November with new Swift Junk ads out of Hanoi.

Continue reading ‘Swift Boat (Vietnam Edition): Vietnam Jailer Accuses John McCain of Lying About Torture in the Hanoi Hilton’