With little attention in the media, the Justice Department has filed papers in federal court arguing that the CIA did not have an obligation to preserve the infamous torture tapes and therefore was lawfully entitled to destroy them. The filing patently demonstrates the conflict of interest in Attorney General Michael Mukasey insisting that the Justice Department investigate the possible criminal conduct in the matter. Now, the Justice Department is not only investigating itself, but it is investigating a crime that it has rejected as baseless in court filings. The ACLU case has also shown that other officials were aware of the tapes, including the CIA Inspector General’s Office — which means that the agency “watchdogs” knew of a torture program – a clear criminal enterprise – and did nothing. Continue reading “Justice Department Argues in Court that CIA Did Not Have to Preserve Torture Tapes While It Continues to “Independently Investigate” That Very Crime”
Month: January 2008
With states and citizens objecting, the Congress and the Bush Administration have moved ahead to require a national identification card — abandoning decades of opposition to such a system on civil liberties grounds. I testified against this proposal when it was first made in the immediate aftermath of the 9-11 attacks. What is truly remarkable is that the REAL ID has become little more than an excuse to do something that the Bush Administration has been trying to do for years: create interlocking databases on citizens. Continue reading “Your Papers Please: The United States Adopts a National ID Card And Abandons Priniciples”
Given the controversy over the new national identification card and government sharing of files on citizens, this prior column on the work of DARPA to achieve “total transparency” in society may be of interest. Continue reading “DARPA and the Administration’s Plan for “Total Transparency” in a Fishbowl Society”
In November 2001, I testified against the national identification card proposal when it was first made in Congress.  Below is the oral testimony from that hearing before  the House Government Reform Committee, Financial Management and Intergovernmental Relations Subcommittee on Nov. 16, 2001: Continue reading “National Identification Card Testimony”
In my work in prisons, I have had on occasion to insist on dietary changes, particularly for my Muslim clients. However, this is the first time I have heard of an outside organization asking a prison to impose a particularly dietary plan. PETA has asked for a vegetarian diet for Christopher Lee McCuin, 25, who killed and cooked his girlfriend 21-year-old Jana Shearer in Texas. Continue reading “Don’t Feed the Cannibals: PETA Wants Vegetable Only Diet for Man Accused of Eating Girlfriend”
Warren Zier could have used from blind justice this month when he appeared before Milwaukee Circuit Judge William Sosnay wearing an ascot. Â Putting aside the question of the stylistic choices of an ascot for a court appearance, Sosnay saw the item as a violation of court rules. However, prosecutor Zier could have a case — and a line of harrumphing ascot-wearing prigs in protest behind him. Continue reading “My Cousin Vinny Moment: Judge Stops Proceedings Over Prosecutor’s Neckwear”
While politicians have been unable to reach consensus on the war, civil liberties, and the environment, members were eager to act on a national crisis a few years ago: French people eating American horses. Members passed legislation to ban the slaughter of American horses destined for French tables. However, it now appears that the legislation has merely led to horses being forced into a grueling transports to the Canadian and Mexican borders for slaughter. Continue reading “Prohibitions on Horse Meat Industry Lead to Cruel Unintended Consequence”
Given the recent controversy over horse slaughter houses in Mexico, this prior column on the intervention of Congress into the world of horse meat may be of interest. Continue reading “Horsing Around in Congress: The Senate Seeks a Ban on the Slaughter of American Horses for Human Consumption”
A three-judge panel on the D.C. Court of Appeals appear ready to declare a film on Hillary Clinton to be cleverly disguised campaign advertising, including Judge Royce Lamberth who started to call the arguments of the conservative film maker “ridiculous” in open court. The case, however, is an interesting one due to the lack of a clear test on how to determine if a film is an advertisement or a true film in a campaign year. The film, “Hillary: The Movie,” may have to comply with campaign advertising rules that would restrict its exposure in some media and even require a warning. Probably the worst penalty would be the need for the filmmakers to reveal the sources of their financial support — opening up the shadowy finances of such partisan efforts by both democratic and republicans groups. Continue reading “Federal Judges Suggest that Anti-Clinton Film is Political Advertising and Could Fall Under Disclaimer and Disclosure Rules”
Torts lawyer Richard “Dickie” Scruggs has long been famous or infamous depending on your view of his windfall, one billion fee award in the tobacco settlement. Now, the brother-in-law of Trent Lott will face a criminal trial on bribery and related charges with his son. To make matters worse, his legal team just withdrew from his defense. Continue reading “Famous Torts Lawyer Dickie Scruggs Indicted With Son for Bribery: Defense Counsel Withdraw From Case”
A law firm is looking at a nightmare after it filed one minute late — and lost one million dollars. The lawyers had the right to seek the fees on behalf of its client Toshiba America and does not meet the standard of excusable neglect when the lawyer was forced to wait for a “long train to pass.” Continue reading “One Minute — One Million Dollars: Law Firm Loses Claim for Legal Fees By Filing One Minute Late”
That rumbling sound that you may have heard this week may be the Dykes on Bikes. The San Francisco motorcycle club got final approval for its trademark of the name “Dykes on Bikes” when the U.S. Supreme Court refused to hear a challenge from a men’s right advocate. Continue reading “Dykes on Bikes Ride! Supreme Court Refuses to Hear Trademark Case”
Jose Rodriguez, the man who ordered the destruction of the CIA torture tapes, has retained D.C. lawyer Robert Bennett and has demanded that he be given a grand of immunity by Congress before he testifies. It is a move that could practically cripple any prosecution, as shown by the Oliver North case. Continue reading “Visions of Oliver North: Jose Rodriguez Demands Immunity as Condition for Congressional Immunity in CIA Torture Scandal”
It was an extraordinary scene on the last day of campaigning for New Hampshire voters when two sexist men jumped up and started waving signs that said IRON MY SHIRT and chanting the same line. Clinton immediately seized on the moment, pointing out the sexism that still exists and ordering that the lights be brought up. It infuriated many woman and could well have secured the slim margin of victory in the state for Clinton. It now appears that the protest was a stunt by a radio program by Nick Gemelli and Adolfo Gonzalez — regulars on the “Toucher and Rich” radio show at WBCN in Boston. The question now is what WBCN will do about a shock jock show that may have determined — or certainly contributed to — the outcome of a critical primary. Continue reading ““Iron My Shirt” Protesters of Clinton May Have Been Plants By Radio Station”
As discussed in prior entries, Senator Larry Craig is arguing that his guilty plea is invalid because the underlying conduct cannot be a crime. While the odds are against him, the argument has merit. Continue reading “Craig Challenges Conviction Claiming Hand Signals are Protected Speech and Conduct was Victimless”