Civil libertarians have been complaining that many liberals are ignoring that Judge Sonia Sotomayor has been viewed as hostile to core liberal values and has a fairly conservative voting record in many areas, including free speech, student rights, and criminal procedure. For a review of her cases, click here. Another case has come to light that shows little of the empathy cited by the White House. While Vice President Joe Biden has emphasized the Sotomayor “watches the back of police” in cases (which is supported in some of her more controversial rulings), she has shown little empathy for those challenging police or convictions. The case of Jeffrey Deskovic is being cited as one such case.
Sotomayor was one of the judges who dismissed Deskovic’s 2000 appeal to United States Court of Appeals for the Second Circuit with a cursory two-page decision. The panel based its decision on the fact that the filing was made four days late due to confusion between the lawyer and the clerk.
Deskovic was convicted at 16 of killing a high school classmate and filed a habeas corpus petition to challenge his conviction. He was later proven innocent by DNA evidence.
His lawyer insisted that he was misinformed about the due date by the clerk’s office and that his client should not suffer for the miscommunication. However, Sotomayor and another judge refused to consider the merits based on the technical filing problem.
He would spend six more years behind bars until finally proven innocent (and the real killer arrested).
The Antiterrorism and Effective Death Penalty Act of 1996 requires that habeas corpus petitions must be submitted no more than a year after a conviction becomes final or, as the courts later determined, no more than a year from the act’s implementation. This meant that he had until April 24, 1997 to file his habeas but his papers were filed four days late. Sotomayor and Judge Rosemary S. Pooler ruled that, even if the lawyer was told by the clerk that he had the later due date, it was still a violation and barred the appeal.
There is an interesting disconnect in the position of many liberal organizations, which have abandoned prior views to support this nominee without a hint of concern. As noted earlier, such rulings would normally cause liberals considerable concern and prompt intense review if this were a Republican nominee. Instead, there is virtually no discussion of such rulings by most liberals despite objections from civil libertarians that the left will lose ground on the Court if Sotomayor votes as she did on the Second Circuit.
For the full story, click here.
mike s writes: GWLSM,
I know that but when I’ve baited him in the past he sometimes goes away for a little while.
me: you think? okay. I’ll give it a whirl.
“Mike. I hate to be the one to issue the wake-up call. BVM, people like BVM have a point of view that cannot be penetrated by facts or common sense.”
GWLSM,
I know that but when I’ve baited him in the past he sometimes goes away for a little while.
Mike A writes: BVM, I note your quote from world.net, a less than reliable source of anything. But to the point, so-called “citizen grand juries” are to the judicial system what lynch mobs are to law enforcement, illegitimate groups of individuals who assume powers they don’t have in order to oppose laws they don’t like. You will recall that Mr. von Brunn spent a number of years in prison for attempting to make a “citizen’s arrest” of members of the Federal Reserve Board. Your patriotic heroes appear to be cut from the same cloth. Whether your hatred is directed at blacks, Jews, Catholics, chlorination of drinking water, mandatory licensing of hand guns or the proliferation of surf boards on the West Coast, there is a posse waiting to be enlisted. You might find a more sympathetic audience for your contrivances at sites which are less intellectually demanding. Try “whites-am-us.duh.”
me: let ’em knock themselves out with their paranoid calling for trials and lawsuits. let them go bankrupt doing so. they will win nothing and for their efforts become more frustrated. yeah, I know that contributes to their fear and hatred and paranoia but I can’t think of anything I like better than seeing and hearing these people out loud in the light of day where they can make fools of themselves and hopefully break a few federal hate crimes laws that put their asses in prison. beats meetings in dark basements surrounded by weapons and nazi memorabilia. on the other hand, doesn’t everyone need a little stable plastic C-4 for emergencies?
Mike S writes: BVM,
Your support of an anti-black, anti-Jewish bigot’s ravings could be taken as indicating your own prejudices. Is that the case?
Mike. I hate to be the one to issue the wake-up call. BVM, people like BVM have a point of view that cannot be penetrated by facts or common sense.
Consider the “birthers” who are they and where did they come from? I think I figured it out early this morning watching West Wing re-runs. They are the Vince Foster people. Remember them? the anti-Clinton lunatics who were convinced that Foster was murdered by the Clintons? who then ussed death threats against Chelsea?
The left has always pulled the lunatics out of the shadows like coffee cake crumbs left on your kitchen counter attracts cockroaches. feed them, don’t feed them.. it’s up to you.
BVM,
I am unable to find a complete biography of LCDR Fitzpatrick. Please provide a link for me. On his own website, he only gives a very brief mention of his curriculum vitae.
Do you know if he was ever in trouble with the law?
Please provide a link for me since posting innumerable links here regarding the same old subjects seems to be that which you are best at providing.
shalva,
Hi there. Nice to see our newest troll. Thank you for your attention and your comments. Every time you log on here you increase the number of this sites internet “hits,” which in turn increases its’ viability and popularity. Thank you sincerely for your effort in this matter. Please keep up your good work.
From me:
“GWLSM,
I worry about that too, but I never thought that the President was nearly as left wing as I’d prefer.”
From Jill:
“Mike S.,
I just can’t see how to describe Obama as a left wing politician, fighting with those in his own party who are more centrist and right wing. His policies are, in the main, quite right wing.”
Jill,
My statement wasn’t that President Obama was left wing, but that my preferences are. I’ve never seen President Obama as anything but a centrist and in this his current policies are more or less as he advertised.
This country has been pushed so far to the right in the last 40 years by WF Buckley, his minions and their capture of media control that the old left/right definitions don’t mean much. Everett M. Dirkson, the Republican Senate leader under Eisenhower, was considered a conservative then and would be considered a liberal today. Another way to see it is how the Right Wing followers truly believe the Nazi’s were socialists.
This is the problem I’ve been alluding to in most of my posts on politics. Kucinich, who was easily the most “far left” of the Democratic candidates, would have only been a mainstream liberal in the 50’s. The problem we face on the Left is how to restore the balance. This will take time and effort. If a candidate with my point of view and probably yours had run that candidate would have been badly defeated, because despite hopeful signs the people aren’t there yet. My agenda has always been and remains moving the dialogue back to its former parameters. Perhaps yours is different in that you are less of an incrementalist then I am.
Politically I have a good sense as to where you are coming from and in terms of the political spectrum you are no further out left than I am. Our differences relate to strategy and to my sense of how things need to be done to really create a humane world.
BVM, I note your quote from world.net, a less than reliable source of anything. But to the point, so-called “citizen grand juries” are to the judicial system what lynch mobs are to law enforcement, illegitimate groups of individuals who assume powers they don’t have in order to oppose laws they don’t like. You will recall that Mr. von Brunn spent a number of years in prison for attempting to make a “citizen’s arrest” of members of the Federal Reserve Board. Your patriotic heroes appear to be cut from the same cloth. Whether your hatred is directed at blacks, Jews, Catholics, chlorination of drinking water, mandatory licensing of hand guns or the proliferation of surf boards on the West Coast, there is a posse waiting to be enlisted. You might find a more sympathetic audience for your contrivances at sites which are less intellectually demanding. Try “whites-am-us.duh.”
“From: Walter Francis Fitzpatrick, III, United States Navy Retired”
BVM,
Your support of an anti-black, anti-Jewish bigot’s ravings could be taken as indicating your own prejudices. Is that the case?
Mike Appleton:
Obama, if he chooses, can speak to that in his many trials.
BVM, did it ever occur to you that Mr. Fitzpatrick’s obsessions may be related to his court martial conviction for theft 20 years ago? Or that he was forced to resign from the Navy as a result of that conviction? He is a bitter old man with nothing better to do than to rail against the injustice of it all. And to add to the defilement of this country, a black man is now Commander in Chief! My God, if that is not proof of treason somewhere, what is?
Grand Juries Cite Obama for Ineligibility, Treason
Hundreds of ‘presentments’ being handed to prosecutors
Posted: May 21, 2009 12:00 am Eastern
By Bob Unruh
© 2009 WorldNetDaily
Hundreds of “presentments” – or accusations assembled by citizen grand juries – are scheduled to be given to courts, sheriffs, prosecutors, judges and legislators across the United States by July 4 alleging that Barack Obama is ineligible to be president and his occupancy in the Oval Office constitutes treason.
More at: http://www.worldnetdaily.com/index.php?fa=PAGE.view&pageId=98697
ravin, the court relies on the record. The record is created by the parties. The clerk files documents received from the court or from the attorneys in the case. Although clerks handle all sorts of administrative queries from lawyers and their staff, an attorney is charged with knowing the rules of procedure, docketing deadlines and meeting them. If an attorney is uncertain of a filing deadline, prudence dictates that he or she examine the court file to ascertain the date from which the appeal period runs. This is not theoretical mathematics. But screw ups happen. Sometimes they are excused and sometimes not. If a lawyer does screw up, it is incumbent upon him or her to file an appropriate motion candidly describing the mistake and legal authority for excusing it.
Birth Certificate Issue No. 1 at Fox News
http://www.wnd.com/index.php?fa=PAGE.view&pageId=99549
Obama – Where is the Birth Certificate?
Petition has 400,000 names
The document Obama presents as his ‘birth certificate’ is not acceptable as proof even in Hawaii where he claims to have been born. The evidence mounts that Obama is not an American citizen.
Obama is a domestic enemy, traitor, mass murderer.
Ah, Walter Fitzpatrick (Ret.). Another “birther” friend of Orly Taitz, the California dentist/lawyer/nutjob. Mr. Fitzpatrick is well admired by the Holocaust Museum killer and other inhabitants of the planet Delusion. He has spent 20 years inventing and describing conspiracies. This is merely the latest. I trust that the Naval Academy has substantially improved its psychological screening program since Mr. Fitzpatrick’s admission.
Obama has no authority to nominate to the Supreme Court of Fools.
Tuesday, 17 March 2009
http://jaghunters.blogspot.com/2009/03/tuesday-17-march-2009-to-mr.html
To Mr. Barack Obama
Via: U.S Attorney Russell Dedrick, and Assistant U.S. Attorney Edward Schmutzer, Eastern District, Tennessee
From: Walter Francis Fitzpatrick, III, United States Navy Retired
Distribution: Wide
SUBJECT: CRIMINAL ALLEGATIONS REGARDING THE COMMISSION OF TREASON
I have observed and extensively recorded invidious attacks by military-political aristocrats against the Constitution for twenty years.
Now you have broken in and entered the White House by force of contrivance, concealment, conceit, dissembling, and deceit. Posing as an impostor president and commander in chief you have stripped civilian command and control over the military establishment. Known military criminal actors—command racketeers—are now free in the exercise of military government intent upon destruction of America’s constitutional government.
Free from constitutional restraint, and following your criminal example, military commanders deployed U.S. Army active duty combat troops into the small civilian community of Samson, Alabama last week in a demonstration of their newly received despotic, domestic police power.
We come now to this reckoning. I accuse you and your military-political criminal assistants of TREASON. I name you and your military criminal associates as traitors. Your criminal ascension manifests a clear and present danger. You fundamentally changed our form of government. The Constitution no longer works.
Confident holding your silent agreement and admission, I identify you as a foreign born domestic enemy.
My sworn duty Mr. Obama is to stand against what you stand for. You are not my president. You are not my commander in chief.
Obedient to the Constitution in submission of this criminal accusation I remain steadfast, and
Born fighting,
/s/ (notarized)
Walter Francis Fitzpatrick, III
United States Naval Academy, Class of 1975
Both Bush and Obama are Traitors, War Criminals – Mass Murderers. They have violated many U.S. laws and should have been arrested long ago. Sotomayor, Supreme Fools, et al are complicit in treason and War Crimes in not calling for their arrests. The judicial system is thoroughly corrupted.
http://BuenaVistaMall.com 1, June 12, 2009 at 6:51 am
Legally Obama cannot nominate someone for the Supreme Court of Fools. He is Not the president.
Obama by his real names: Usurper, Traitor, Wall Street Stooge, National Socialist, Fascist, Pathological Liar and above all, War Criminal – Mass Murderer.
****************************
I presume you think that George W Bush did nothing illegal either as he was not elected by the people nor decided on by a majority of the electoral collage? Makes sense to me.
Legally Obama cannot nominate someone for the Supreme Court of Fools. He is Not the president.
Obama by his real names: Usurper, Traitor, Wall Street Stooge, National Socialist, Fascist, Pathological Liar and above all, War Criminal – Mass Murderer.