Archive for the ‘Politics’ Category
I was just on CNN discussing the decision in Schuette v. BAMN, reversing the United States Court of Appeals for the Sixth Circuit and declaring that the citizens of Michigan have the constitutional authority to prohibit racial and other preferences in university admissions. We addressed this case this term in my Supreme Court class and the students voted not only in the same way as the majority today but predicted this result. What was surprising was the vote — 6-2. Only Justice Sotomayor and Ginsberg voted to upheld the Sixth Circuit.
While President Obama ran on a pledge to be the most transparent presidency in history, critics have charged that — as with promises to protect civil liberties and international law — Obama has done precisely the opposite of what he promised. His Administration has radically expanded the national security state while fighting every effort in court to challenge unchecked executive powers, including his successful effort to get Congress to dismiss dozens of public interest lawsuits over surveillance, torture, etc. The latest effort of the Obama Administration was to refuse to release even redacted version of legal memoranda on Obama’s use of drones to kill U.S. citizens. I have previously written about Obama Kill list policy in columns and blog posts. What is interesting is that the Obama Administration shows utter contempt for the federal courts in first claiming that any release of redacted classified legal arguments would endanger national security and then, after the district court yielded to the government, proceeding to discuss the very same information in public when it suited the Administration. The United States Court of Appeals for the Second Circuit finally said enough. The problem is that the district court did not exercise its authority to reject the clearly excessive claims of the government. It is only because the government contradicted itself — not the facially overboard claims made before the district court. The case is New York Times v. United States Department of Justice, 2014 U.S. App. LEXIS 7387. The case highlights the extreme hostility shown by the Obama Administration to both transparency and the media.
Posted in Academics, Animals, Bizarre, Congress, Constitutional Law, Courts, Criminal law, Environment, Free Speech, International, Justice, Lawyering, Media, Military, Politics, Society, Supreme Court, Torts on 1, April 22, 2014 | 13 Comments »
We only recently passed the 20,000,000 mark last February but we just hit 21,000,000, according to WordPress. Congratulations everyone. This has been a banner year for the site with a continuing increase in traffic, links on other sites, and new voices on the blog. These milestones are coming faster and they give us a chance to look at the spread of our regular readers and commentators. As always, I want to offer special thanks for our weekend contributors: Mark Esposito, Eliane Magliaro, Mike Appleton, Larry Rafferty, Charlton Stanley and Darren Smith. The increasing traffic on the site is gratifying and reaffirms that there are many people looking for mature and civil debate. Even among the top ten sites, I believe that we offer a unique forum of different views and backgrounds in the discussion of law and politics (and a few quirky items).
Posted in Congress, Constitutional Law, Courts, Criminal law, International, Justice, Lawyering, Military, Politics, Supreme Court, Uncategorized, tagged CIA, Donald Rumsfeld, Enhanced Interrogation Techniques, Jose Rodriguez, torture on 1, April 20, 2014 | 59 Comments »
Respectfully Submitted by Lawrence E. Rafferty (rafflaw)- Weekend Contributor
We have seen and heard the claims from Donald Rumsfeld and others that the leaked Senate torture report is off base because the enhanced interrogation techniques were not only legal according to the Office of Legal Counsel, but they also produced results. Putting aside the idea that just because an allegedly illegal act is claimed to have been successful in producing actionable intelligence, does not make it any more legal or illegal, is there a reason why we should listen to the participants who authorized the waterboarding and other torture procedures when they claim that all is well?
Now it seems that Donald Rumsfeld has company. “In an uncompromising and wide-ranging interview with the Guardian, his first public remarks since he was linked to the program in 2007, James Mitchell was dismissive of a Senate intelligence committee report on CIA torture in which he features, and which is currently at the heart of an intense row between legislators and the agency.
The committee’s report found that the interrogation techniques devised by Mitchell, a retired air force psychologist, were far more brutal than disclosed at the time, and did not yield useful intelligence. These included waterboarding, stress positions, sleep deprivation for days at a time, confinement in a box and being slammed into walls.
But Mitchell, who was reported to have personally waterboarded accused 9/11 mastermind Khalid Sheikh Mohammed, remains unrepentant. “The people on the ground did the best they could with the way they understood the law at the time,” he said. “You can’t ask someone to put their life on the line and think and make a decision without the benefit of hindsight and then eviscerate them in the press 10 years later.” ‘ Reader Supported News (more…)
Submitted by Elaine Magliaro, Weekend Contributor
First, there was Citizens United. Now, we have the Supreme Court’s recent ruling in the McCutcheon case. It does appear that our country’s campaign finance laws may have been “eviscerated”—as noted by Justice Breyer when he wrote that, taken together with Citizens United, McCutcheon “eviscerates our Nation’s campaign finance laws, leaving a remnant incapable of dealing with the grave problems of democratic legitimacy that those laws were intended to resolve.”
Corporations are people…money is speech. The more money one has to spend…the more “speech” one can afford to buy—especially where political campaigns are concerned.
Two high school students at St. Anthony’s High School in Long Island have been suspended indefinitely after they walked into an after-hours sporting event wearing a Confederate flag draped over their shoulders. We recently discussed another suspension of a student involving a Confederate flag. I have the same free speech concerns in this case. The question is whether other flags would also be confiscated and the student suspended in my view. While I can certainly understand how this flag represents racism for many, others view the flag as a symbol of Southern heritage and heroism. I often see them in Virginia and recoil a bit due to the association with slavery. However, my concern is where the school is drawing the line on speech.
Various countries, including the United States, have been choking under China’s air pollution which is circling the globe. While China has steadily diminished the health of its own people with a disastrous priority on production at any cost, it is now affecting not just the pollution levels of other countries but, according to a new report, weather in the United States. New data released on Monday in the Proceedings of the National Academy of Sciences found that Chinese pollution is altering weather patterns in North America and causing the recently intense weather patterns from cyclones, heavy rains, and other erratic weather events.
I recently wrote a column on the expanding scandal over General Motor’s release of the Cobalt and other vehicles with a defective ignition switch that may have killed over a dozen people and injured scores of others. The defect was reportedly found during testing and constituted the perfect storm of negligent designs: it would first shut off the car; cut the steering; and disable the airbags. Mary Barra, the newly appointed Chief Executive Officer of GM, told Congress that GM never puts costs ahead of safety (even though documents show GM pricing out the fix and rejecting it as too expensive). Now Barra and GM have quietly asked a federal court to protect it from product liability lawsuits due to its bankruptcy. It is like a second bailout from the government — this time through the courts — so that the company can keep billions in the federal bailout while barring recovery of billions for deaths and injuries caused by the company.
Our government has long seemed to be descending into a type of Orwellian universe of double speak. The Libyan War was not a war but a “time-limited, scope-limited military action” under Obama. Torture of detainees was not torture but “enhanced interrogation” under Bush. Now it appears open bribery of foreign officials is not bribery but “incentives” to implement policies favorable to their own people. Congressional members are moving to address what is being called a “slush fund” with the United States Agency for International Development (USAID) where millions are paid to political figures in foreign countries. We have previously discussed such payments by the CIA to the openly corrupt Afghanistan government, including suitcases of cash to President Helmit Karzai. What is most interesting is that an act that is a federal crime for citizens doing business abroad can be not only legal but an official program by government officials. It appears that in the handshake shown on the USAID seal, there is often a sawbuck or two in the palm.
Dallas attorney James Lee Bright faced a dilemma: he had to appear in court but he recovering from knee surgery with a large leg brace and an ice machine attached to his leg to stop swelling. He could not fit his pants over the hardware so he wore a shirt, tie, jacket, and shorts. That did not go over well with Judge Etta Mullin (left) who refused to hear his motion to dismiss a weapons charge for a client because he was wearing shorts. It was a rather unsympathetic and inflexible decision but it was not the first for this particular judge. However, it is the mounting criticism of Mullin that raises the question of why the Democratic party has pushed for her reelection and why the state bar has not investigated allegations of injudicious conduct.
Lawrence Pintak, dean of the Washington State University’s Edward R. Murrow College of Communication, has written a controversial guide for journalists on how to cover stories without insulting Muslims. “Islam for Journalists” is an effort to educate reporters on the sensitivities of Muslims to avoid triggering protests or violence. Pintak writes that “Across the Muslim world extremists are wielding their swords with grisly effect, but the pen . . . can be just as lethal.” That line captures the controversy because it seems to suggest that reporters are a cause of violence when they fail to adhere to the demand of religious values or orthodoxy in their publications.
MSNBC host Al Sharpton has long been controversial from his involvement in the Tawana Brawley scandal to questions raised about his pressing companies to give “love offerings” and associations to his legal problems. Nevertheless, his position at MSNBC is viewed as secure while President Obama continues to honor him at official White House meetings and public events, including an event three days ago. This teflon reputation with liberals appears to be holding even after news reports surfaced that Sharpton was an FBI snitch and an associate accused him of seeking to cash in on the drug trade before he became a national figure. Sharpton has been somewhat guarded in answering detailed questions about the stories about his wearing a wire in meetings with the mob, but recently confirmed that he “cooperated” with the FBI. He proved testy with 60 Minutes in refusing to acknowledge that he was an informant. According to reports, the FBI designated Sharpton as “Confidential Informant No. 7″ and used him with a bugged briefcase to incriminate mob figures in discussions of criminal enterprises. Sharpton insisted “I’m not a rat, I’m a cat.” He certainly has nine lives given the range of his past scandals. The mayor of New York and other Democratic leaders lined up to praise Sharpton in the aftermath of the story.
Usually the selection of a state bird or state song is not particularly divisive or even notable. The same goes for a state book (though it seems a bit odd to select a single book for a state unless it is written by a native son or daughter). Louisiana however could find itself in court as it moves to make the Bible the state book. Rep. Thomas Carmody, R-Shreveport, proposed the official adoption but insisted that it should not be viewed as any type of state endorsement. It is simply the selection of one faith’s religious book as the official book for the entire state. Who could possibly view that as a state endorsement?
McDonald’s recently pulled out of the Crimea after the takeover of the Ukrainian peninsula by Vladimir Putin. While Putin’s authoritarian move did not appear to appeal to McDonald’s, it is only fitting that Burger King would be attracted to the imperial tendencies of Putin. The chain has announced that it will fill the void and expand into the Crimea.
There was an extraordinary moment on a Swedish flight this week taking off from Frösön airport in northern Sweden. The government was deporting Ghader Ghalamere back to his native Iran. A man on the flight stood up to tell the passengers about the deportation and told them not to fasten their seat belts to stop the flight. The passengers did precisely that and the flight could not take off in an extraordinary act of peaceful protest.
This week, U.S. Rep. Vance McAllister was faced with the scandalous release of a security video to his kissing his married aide, Melissa Anne Hixon Peacock, at his office in Louisiana. That would normally be the stuff of scandal, but it is even worse when you are married and ran as a religious conservative. McAllister went public with an apology to everyone (except personally to Peacock’s husband who is now divorcing his wife). He asked forgiveness but is now demanding an investigation to potentially jail whoever revealed his conduct: a curious path for a self-proclaimed redemptive sinner.
Sen. Elbert Guillory (R., Opelousas) appears to like poultry pugilism. Chicken boxing, that is. Guillory left a number of his colleagues scratching their heads when he raised the distinction between cockfighting and “chicken boxing,” the latter involving chickens wearing little gloves as opposed to razors to fight.
Former CIA and National Security Agency director Michael Hayden has long been the face and voice of the growing security state within the United States. While many of his representations have been challenged, he continues (like Dick Cheney) to create his own reality to justify powers viewed as authoritarian and unlawful. Now, with the approaching release of a comprehensive report on the torture program, Hayden is out in the press denying the findings of the report that torture did not result in any meaningful new intelligence and that the CIA tortured people who were already cooperating with conventional (and legal) interrogations. Hayden took to the airways to champion torture by attacking the chair of the Senate Intelligence Committee Sen. Dianne Feinstein (D, Cal.) and said that she was just being “emotional” and should not be involved in such a serious debate.
The politics over illegal immigration has radically changed as both parties see the issue as key to attracting the hispanic vote in the next election. A measure of that change was evident on Sunday when Former Florida governor Jeb Bush said Sunday that many who illegally come to the United States do so out of an “act of love” for their families while Democrats are pushing to stopping deportations all together.
I guess you don’t have to be from Chicago or Illinois to know who Rahm Emanuel is. The current Mayor of the City of Chicago, Rahm Emanuel is the former chief of staff to President Obama and a former Congressman. He is also a former investment banker. It has been alleged that this former investment banker has been crying poor since he entered office and proposing that city workers must pay more into their pension funds and get less pay and benefits.
“If you’ve read the financial news out of Chicago the last few weeks, you’ve probably heard that the city faces a major pension shortfall, supposedly because police officers, firefighters, teachers and other public workers are selfishly bleeding the city dry.
You’ve also probably heard that the only way investment banker-turned-mayor Rahm Emanuel can deal with the seemingly dire situation is to slash his public workers’ retirement benefits and to jack up property taxes on those who aren’t politically connected enough to have secured themselves special exemptions.” Pandodaily (more…)
As many on this blog know, I have long been a supporter of same-sex marriage and gay rights. However, I have qualms about a story this morning that Mozilla Chief Executive Brendan Eich has been forced to step down after a campaign by an online dating service. The campaign revealed that Eich had made a donated $1,000 in 2008 in support of California’s Proposition 8, which banned gay marriage in the state before it was struck down in the federal courts. The controversy raises again the tension between free speech and corporate identity.
A secret recording has surfaced of Vice President Dick Cheney speaking to the Republican Jewish Coalition where he held forth on various subjects — assuming that the session was closed to the public and press. Cheney appears to be intent on, again, revising history to get people to embrace a security state. You may recall how Cheney (who is often cited as a potential defendant in a torture prosecution) publicly assuring the nation that the Bush torture program produced valuable intelligence. That assertion has been previously dismissed by experts and insiders. However, as we discussed recently, the forthcoming Senate Report goes into great deal to show that not only is that assertion untrue but that the CIA actively sought to hide the fact that the torture program produced insignificant intelligence (and that detainees were tortured despite their cooperation in conventional interrogations). Cheney is now fighting to defend the massive surveillance of citizens — again dismissing even the concessions of intelligence officials about abuses and violations under the program. Cheney told a rapturous crowd that all such accounts were “hogwash.” He further pumped the crowd with support for an attack on Iran to add yet another war to our current international conflicts.
Israel’s Second Authority for Television and Radio has banned the Hoodies commercial below as containing “too many sexual insinuations.” The commercial shows a supermodel with Red Orbach, a famous puppet character, in bed with not so veiled references to puppet-human relations. It raises again the ongoing controversy over censorship in commercials to protect younger or more sensitive viewers.
We have been discussing the horrific rollback of environmental protections in Australia under Prime Minister Tony Abbott. Now, Abbott’s government and industry allies are pushing for a change in competition laws to ban on campaigns against companies on the grounds that they are selling products that damage the environment.
The Albuquerque police have long been criticized for a high rate of shootings and the increasing militarization of their operations. This month, many have joined in that criticism after the release of a videotape of police shooting a homeless camper, James Boyd, in the foothills outside of the city.
The Obama Administration is reportedly close to an extraordinary deal to get Israel back to the negotiations table: it is going to release Israeli spy, Jonathan Pollard. One could question why Israel needs any inducement to negotiate with the Palestinians for its own peace and more importantly why the U.S. is willing to free spies to get two other governments to negotiate. Notably, for years, Israel denied that Pollard was their spy — considered by many as compounding the dishonesty of spying on your closest ally. It was not until 1999 – over ten years later — that Israel admitted to the U.S. that he was their spy and that, while the U.S. was giving (and continued to give) billions in aid to Israel, it was maintaining spies in our government. Pollard’s release is rumored to be part of a release of prisoners from Israeli prisons to jump start a new round of negotiations.
As the United States continues to grapple with openly corrupt officials and businesses in Afghanistan and Iraq who have stolen billions in aid, the notoriously corrupt Ukrainian system appears eager to outdo their counterparts. The poster boy of Ukrainian corruption is Vladimir Belonog who has been openly selling meals ready to eat (MREs) that were shipping only days before to the country to support its besieged military. Belonog is selling the MREs with the U.S. markings still on them and the warning “U.S. Government Property, commercial resale is unlawful.” What is most remarkable is that he has not been arrested after selling the aid in plain view of the government. Diplomats and experts have described Ukraine under Presidents Kuchma and Yushchenko as a virtual kleptocracy, or government of thieves.
We previously discussed how CIA officials were accused of trying to intimidate Senate staffers working on an investigation into allegations of torture and lies by the agency officials. Now the details of that still classified report have been leaked to the media. For the Senate Intelligence Committee (long accused of being a rubber stamp for intelligence agencies), the report is quite damning. The Senate found a pattern of misinformation knowingly released by the CIA to convince the public that its torture program yielded valuable intelligence — and new forms of torture that have never been previously confirmed. What is most striking however is what is not in the report: a recommendation for criminal prosecution. Indeed, consistent with its past approach to intelligence abuses, the Committee does not recommend any action be taken against a single CIA official.
While the Obama Administration struggles to restore good relations with Saudi Arabia, the Kingdom continues to lead the effort among Arab nations to deny most rights of free exercise, free expression, and free association. Saudi Arabia has fought for the creation of an international blasphemy standard (with the support of the Obama Administration) and has continued to deny basic rights of worship to religious minorities. Now, the the Kingdom has introduced new criminal provisions that makes atheism not only blasphemy but terrorism.
It is not unknown for medical researchers in history to make themselves a test subject to avoid endangering others in their experimental treatments or medicines. Russian history professor Andrei Zubov took the same approach recently with his own field. As with many intellectuals in Russia, Zubov was convinced that Vladimir Putin has long worked to reestablish a dictatorship in Russia. He decided to put this theory to the test by writing an article comparing Putin to Hitler. The experiment was successful in a curious way. Zubov was immediately fired for the “immoral act” to criticizing the supreme leader.
Posted in Constitutional Law, Courts, Free Speech, Justice, Lawyering, Media, Politics, Religion, Supreme Court, tagged David Green., Hobby Lobby, National Christian Charitable Foundation on 1, March 30, 2014 | 691 Comments »
Respectfully submitted by Lawrence E. Rafferty (rafflaw)-Weekend Contributor
Unless you have been in a coma the last few weeks, you have probably heard of or read about the Hobby Lobby case recently argued in front of the United States Supreme Court. Hobby Lobby is challenging a section of the Affordable Care Act that requires companies to provide medical insurance for their employees or pay a fine. The mandate also requires the insurance to include coverage for contraception services. Services that its owners claim violates their religious beliefs.
“…. the battle for its Christian identity was revived this week when lawyers for the company argued before the Supreme Court that the company should not have to comply with the Affordable Care Act’s contraception mandate. The issue, says Hobby Lobby co-founder Barbara Green, isn’t that the company wants to meddle with women’s rights to take contraceptive drugs. “We’re not trying to control that,” she said. “We’re just trying to control our participation in it.” ‘ Reader Supported News
Mrs. Green claims they are not trying to control their female employees use of contraceptives, but the network of causes that they are involved with seem to indicate that the Greens want to mix their religious views into everyone else’s business. (more…)
Submitted by Elaine Magliaro, Weekend Contributor
On the YouTube page that includes the following video, political cartoonist Mark Fiore said that it has been “amusing (and maddening) to watch various religious right characters scurry for cover.” He said that when no one was watching what they were doing, “the holier-than-thou set have been visiting Uganda preaching their extreme anti-gay views.” He added that since many people have become aware of and are “appalled” by Uganda’s new anti-gay law—which could mean life imprisonment for homosexuals—“the ‘evangelical’ right-wing preachers are laying low or rewriting history.”
Submitted by Elaine Magliaro, Weekend Contributor
Scott Lively, the head of Abiding Truth Ministries, is a resident of Springfield, Massachusetts. Lively is a controversial evangelical pastor known for having a homophobic agenda. He “specializes in stirring up anti-gay feeling around the globe.” When he was a young man, Lively said he had a “live and let live” attitude toward gays. Once a liberal, he admits that he was an alcoholic and a drug addict until he “got saved” in 1986. He says that since then his “focus has been to restore a biblical focus with regards to marriage and sexuality.”
Jack Rodolico (Latitude News) says that after coming to Christ, Lively began to view social issues “from God’s perspective”—and his “faith began to fuel the fire of his activism.” According to a report in the National Journal, “Lively became a lawyer, author, and advocate in pursuit of the cause.” In 1992, Lively got involved in Oregon’s Ballot Measure 9. That measure “would have amended the Oregon Constitution to summarily recognize ‘homosexuality, pedophilia, sadism and masochism as abnormal, wrong, unnatural and perverse.’” Rodico reported that Oregon voters denied Lively and his anti-gay colleagues a victory—but only after “an ugly political battle ensued.” Rodico said that the defeat left a lasting impression on Lively.
BALLOT MEASURE 9
Posted in Constitutional Law, Environment, Free Speech, Media, Politics, tagged Columbian, corruption, Don Benton, environment, Free Speech, Freedom of the Press, Washington Senate on 1, March 29, 2014 | 10 Comments »
By Darren Smith, Weekend Contributor
In what many see as a sign of attempting to control the press through legislative penalties a Washington state newspaper is crying foul after a state senator singled out a local newspaper by making it pay a $150,000-a-year fine for being “one of the top polluters in the county.” It just so happens that the lawmaker, state Senator Don Benton, had been the subject of a series of critical articles in the same newspaper.
The editor of The Columbian newspaper is now accusing Benton of playing hardball. Editor Lou Brancaccio said it is clear Benton’s “nonsensical” proposal is “silly on its face and in our view, retaliatory.”
By Darren Smith, Weekend Contributor
According to an article in the Associated Press the California Senate voted Friday to suspend three lawmakers caught up in separate criminal cases after the latest one to be hauled into court refused to step down, the most serious house-cleaning action the chamber has taken in more than a century.
Friday’s 28-1 vote in the 40-member chamber came amid one of the most severe ethical crises in modern times for the Legislature in the nation’s most populous state. Later in the day, Gov. Jerry Brown also called on the three lawmakers to resign.
The resolution prevents Democratic Senators Ron Calderon and Leland Yee, who face federal corruption charges, and Democratic Sen. Rod Wright, who is awaiting sentencing in a voter fraud case, from exercising any power of their office until the criminal cases against them have been resolved. Even so, they will continue receiving their $95,291 annual salaries. Senator Leland Yee was the subject of an article on the Jonathan Turley website HERE
The actions of the California Senate is laudable in many ways, but is this also a sign of a greater or endemic problem in the California legislature and formerly lax oversight of some unsavory dealings of legislators?
The United Nation’s Office of the High Commissioner for Human Rights has issued a report slamming the United States on torture and surveillance — the last international condemnation of the United States that is now viewed by many as a threat to civil liberties and international law. This follows international reports condemning the Obama Administration for its attacks on the free press and Internet freedoms. The demand for action on torture revives one of the greatest failures of the Obama Administration when the President, shown after taking office, assured CIA employees that no one would be investigated or prosecuted for torture despite the existence of international treaties obligating us to carry out such prosecutions. The President has admitted (as is clear from domestic and international rulings) that water boarding is torture. What is fascinating is that those who continue to defend this Administration dismiss the criticisms of respected international public interest groups, award-winning journalists, and even United Nations organizations in such condemnations. It is part of what has become a blind loyalty for an iconic president over long-standing principles. As noted by a widening array of organizations and experts, Obama has proven a perfect nightmare for civil liberties — once a core and defining area for Democrats and liberals alike.
While predicting that a case will be accepted by the Supreme Court is a dubious form of fortune-telling (I just had a case denied review this week), the decision yesterday in the Fifth Circuit upholding the Texas law imposing restrictions on abortion clinics has the highest possible chances for such a review. It could also represent a major opportunity for those seeking to limit the pro-choice cases extending back to Roe v. Wade. The decision (written by Judge Edith Jones) is Planned Parenthood of Greater Texas v. Abbott, 2014 U.S. App. LEXIS 5696.
California State Senator Leland Yee has been charged in a bizarre series of crimes including a conspiracy to traffic weapons after a series of videotaped meetings with an FBI informant. It was a curious position for any elected official to be in but particularly curious for a senator who authored gun control legislation.
I recently wrote a column on the wholesale attack on press freedoms under President Obama that parallel his attack on other civil liberties and privacy principles (here and here and here and here and here and here and here and here). I testified on the erosion of press freedom under President George W. Bush but the assault on the free press has worsened under President Obama while Democratic members and supporters remain conspicuously silent. Reporters have not been so silent or reticent and have repeatedly tried to educate citizens of the danger to press freedoms under this President. Now one of the most respected journalists in the country, New York Times reporter and Pulitzer Prize winner Jim Risen, has declared that the Obama Administration is the greatest threat to a free press in a generation.
Venezuela has continued to assault on civil liberties started by the late Hugo Chavez under his “mini-me” President Nicolas Maduro. That legacy took a particularly menacing turn when opposition congresswomen Maria Corina Machado was stripped of her office after speaking to the Organisation of American States (OAS) about the violence in her country. The Venezuelan government insists that she “acted as a Panamanian official” by accepting the invitation and that her speech constituted a crime of “inciting violence”.
We previously discussed the rapid drop of the United States in the protection of the free press. Now, the respected Reporters Without Borders has produced a separate report on Internet freedoms. In yet another dubious distinction for President Obama, the United States is now listed with such “Enemies of the Internet” as Russia, China, North Korea, and Iran. This is our first time on the infamous list — a true accomplishment for an Administration that has been denounced for its wholesale attacks on privacy and other core civil liberties.
Kenya’s parliament has passed a law intended to codify the existing customary law allowing for multiple spouses. However, the legislators went further and removed a provision that would give the existing spouse or spouses the right to veto a marriage. After female legislators stormed out of the session in protest, MP Junet Mohammed explained “When you marry an African woman, she must know the second one is on the way, and a third wife… this is Africa.”
Submitted by Darren Smith, Weekend Contributor
The continuing cat and mouse game between the government of Turkish Prime Minister Recep Tayyip Erdoğan and Turkish users of the social networking site Twitter shows the desire for control of information and the historical drive to circumvent it.
After pledging to “wipe out Twitter,” Turkish Prime Minister Recep Tayyip Erdoğan ordered Turkish ISPs to block the social networking site, redirecting requests to a government webpage. But that move, which used a change in the Domain Name Service hosted by network providers in Turkey, was quickly circumvented by Twitter users through the use of alternative DNS servers. DNS servers basically match domain names such as example.com with their core Internet Protocol Addresses for which websites are addressed under the surface to most users. By controlling the DNS servers in Turkey by forced banning of the twitter.com name, Turkish DNS servers redirect traffic to an IP address of a government website rather than the official twitter.com website.The social media campaign against Erdoğan has continued to grow despite the government’s best effort, and even more Turks are flocking to Twitter as a result of the federal censorship. Immediately following the ban, Twitter usage in Turkey rose 138 percent.
Submitted by Darren Smith, Weekend Contributor
There is an interesting article in Deutsche Welle describing the plight of forced laborers interned in Nazi ghettos such as that in Warsaw and other cities. Many of those persons are making pension claims before the German government due to their assertion they were de facto employees of the German government at the time. Eventually the German government, made provisions to facilitate receipts of pension, the bureaucratic process unfortunately led to years delays and denials, with as a consequence either intentionally or unintentionally led to the government having less of a pension liability due to the aging population passing away.
Respectfully submitted by Lawrence E. Rafferty (rafflaw) Weekend Contributor
If the title of this piece shocks you, I apologize. On second thought, I won’t apologize for asking a legitimate question about a prominent politician who has made his proposals to harm the poor and middle class and give tax cuts to the wealthy his calling card in the conservative movement. Recently, Rep. Ryan made a statement about the people who inhabit the inner city claiming that those residents are less than motivated to work for a living.
‘ “Paul Ryan triggered a firestorm of recrimination this week. Speaking recently on Bill Bennett’s Morning in America radio program, the Wisconsin Republican and self-styled budget wonk linked poverty to “this tailspin of culture, in our inner cities in particular, of men not working and just generations of men not even thinking about working or learning the value and the culture of work.” ‘ Bill Moyers
It seems obvious to me who Paul Ryan is talking about here. What do you think he is saying here? Of course, Mr. Ryan tried to walk back from the statements, but how can you unring this bell? (more…)
Last week, I wrote a post titled “Cosmos” Host Neil deGrasse Tyson Speaks Out about the News Media, Flat Earthers, Science Deniers, Climate Change Skeptics, Religion, and Dogma. Tyson—an astrophysicist, director of the Natural History Museum’s Hayden Planetarium in New York City, and the host of Fox Networks’ new science series Cosmos: A Spacetime Odyssey—appeared on a multi-part series on Moyers and Company in January. Tyson and Bill Moyers explored a variety of topics—including the nature of an expanding, accelerating universe (and how it might end), the difference between “dark energy” and “dark matter,” the concept of God in cosmology and why science matters.
In the final episode of the series—which I’ve posted below the fold—the two men discuss science literacy and why it’s so critical to the future of our democracy, our economy, and our country’s standing in the world. Their discussion lasts about twenty minutes.
Posted in Criminal law, International, Politics, Society, tagged Bootlegging, Cigarette Prices, Cigarette Smuggling, Cigarettes, High Taxes, Organized Crime, Smuggling, Tax Evasion, Tax Revolt, Terrorism, Untaxed Cigarettes on 1, March 22, 2014 | 29 Comments »
By Darren Smith, Weekend Contributor
With many states grappling with the need for tax revenue and the otherwise laudable effort to curtail cigarette smoking among their citizens, laws of supply and demand are beginning to having unexpected consequences to some. Rises in taxation of cigarettes with prices in one location as high as $15.00 per pack, the majority of cigarettes consumed by smokers there are now bootleg. According to the U.S. Bureau of Alcohol, Tobacco, Firearms, and Explosives, nearly $5 billion in revenue in 2010 was lost because of smuggling. But this figure is very likely to rise dramatically since many states since enacted even higher levels of taxation.
The situation has formed a fertile ground for illegal cigarette trafficking and there have been inroads into organized crime. Sources of illegal cigarettes have been neighboring states where tax rates are lower, Native American reservations, and even foreign sources of the same brand names, often from Vietnam, Thailand, and Eastern Europe. Wholesale illegal supply chains are becoming increasingly significant. While cigarettes are otherwise available, albeit at a higher price, these states are beginning to see a softer form of prohibition. But there is also a very dark side to smoking bootleg cigarettes. Illegal cigarette trafficking has been used as a vehicle to channel money to foreign terrorist organizations. Are the benefits worth the costs inherited from high taxations?
by Charlton “Chuck” Stanley, Weekend Contributor
The city of Oakland has entered into an agreed order to pay former Marine and two-tour Iraq war veteran Scott Olsen $4.5 million. This is, as lawyers say, “to make him whole.” Unfortunately, Scott will never be whole again. The night of October 25, 2011 he was shot in the head by a police officer using a shotgun loaded with a “non-lethal” beanbag. Upon being hit, the former Marine went down like a sack of potatoes. His skull was fractured, he was bleeding heavily and his neck was broken.
Yesterday a North Carolina jury handed down a major victory for free speech and academic freedom. It found that the University of North Carolina–Wilmington retaliated against criminology professor Dr. Mike Adams for his writing of conservative columns for the website Townhall.com and other forums. The decision culminates years of litigation, including a prior decision before the United States Court of Appeals for the Fourth Circuit. The treatment of Adams reaffirms for many conservatives that academia is hostile to their views and that conservative academics face a bias on promotion. The implications of the decision however could go beyond the issue of bias and raise countervailing issues of academic judgment and decision making.