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.
Vince Treacy:
Hawaii does not accept Obama’s fraudulent ‘birth certificate’ COLB as proof. That is a lie.
Fact: Hawaii does accept Obama’s certificate as proof. It was issued by the State of Hawaii, attested to by two Hawaii State Officials, in accordance with Hawaii statae laws, and is valid everywhere.
A lie can be repeated over and over again, but the claim that the certificate is invalid is still a lie.
We have little tolerance for that kind of misinformation at the Turley site.
“You can fool all the people some of the time, and some of the people all the time, but you cannot fool all the people all the time.” by Abraham Lincoln.
Obama: you aren’t fooling all the people all the time.
Hawaii won’t accept Obama’s ‘birth certificate’ as proof. I don’t accept it either. Only a fool would. Obama is an illegal alien and criminal.
Come into the U.S. circus of fraud and see Obama ‘The Liar’ as his web of lies starts to unravel and people see him for what he really is.
What is Obama hiding?
He has paid about a million dollars (our money?) for teams of lawyers to seal and cover-up most all of his school and other records. What is he hiding?
Obama: Where is the Birth Certificate?
Thanks A.Y.,
From the film, Torturing Democracy, even with what is now known, it is clear that Yoo played a pivital role in the justification of torture and even specific acts if torture that the administration ordered.
I hope we get a full examination of Yoo’s actions but I believe there is enough out now for Padilla to prove his contention. He was, from all accounts, subjected to torture that Yoo outlined/”justified” and I’m glad this lawsuit is proceeding.
Found the link:
http://www.google.com/hostednews/ap/article/ALeqM5gnOvtUV8wKxu1PA_F3rlTPRH3rhgD98Q08Q00
Back to Google News
Judge rules terrorist can sue over torture memos
By DON THOMPSON –
SACRAMENTO, Calif. (AP) — A convicted terrorist can sue a former Bush administration lawyer for drafting the legal theories that led to his alleged torture, ruled a federal judge has ruled who said he was trying to balance a clash between war and the defense of personal freedoms.
The order by U.S. District Judge Jeffrey White of San Francisco is the first time a government lawyer has been held potentially liable for the abuse of detainees.
White refused to dismiss Jose Padilla’s lawsuit against former senior Justice Department official John Yoo on Friday. . . .
Jill and all other interested,
I believe that John Yoo is going to stand trial for being the author and interpreter of the torture memo. I saw a blurb in the Dallas Morning News.
me: when you tell people to shut up and generally insult them for having ideas that differ from yours then you are contributing to the general unpleasantness.
enjoy or not. blame or not. just make sure that you don’t behave in ways that you
—
That’s not what I do.
And your stating it doesn’t make it so, either.
me: when you tell people to shut up and generally insult them for having ideas that differ from yours then you are contributing to the general unpleasantness.
enjoy or not. blame or not. just make sure that you don’t behave in ways that you
—
That’s not what I do.
Patty writes: It didn’t used to be unpleasant here and we were fine, thank you.
There are more than a few, now, I’d be delighted to ignore. Or rather, there are only a few left who’s posts I still continue to enjoy.
I’ve watched this blawg turn to crap, more and more, and I know when it happened, why, and precisely who to blame.
me: when you tell people to shut up and generally insult them for having ideas that differ from yours then you are contributing to the general unpleasantness.
enjoy or not. blame or not. just make sure that you don’t behave in ways that you find objectionable in others lest you seem a fool. or not.
anon wrote:
“Questions for anyone: There is a group known as the LEIU (Law Enforcement Intelligence Unit), I believe. As I understand it, the organization receives public funding, but does not respond to FOIA requests related to some kind of exemption. Is this true? Other thoughts?” End Quote}
______________________
The LEIU is not a *Federal* LE Agency so they are not subject to FOIA requests. I would assume that they *might* be subject to individual State Public Records Act requests, although I am not clear about that since I have not done any research.
______________________
Quotes from:
http://leiu-homepage.org/about/historyPurpose.php
{Quote: Although the LEIU Constitution and Bylaws restrict the dissemination of information to non-member law enforcement agencies, it is the policy of the LEIU that every member shall assist any law enforcement agency making a valid request concerning organized crime/gangs/terrorism. This exchange of criminal intelligence information is completed only after establishing a “right to know” and a “need to know”. This policy provides for the security of the information and protects the privacy of individuals. End Quote}
No, it is called for and I will keep displaying it when warranted.
Put me down for that “IGNORE” feature as well with regard to more than a few non-turlees. It didn’t used to be unpleasant here and we were fine, thank you.
There are more than a few, now, I’d be delighted to ignore. Or rather, there are only a few left who’s posts I still continue to enjoy.
I’ve watched this blawg turn to crap, more and more, and I know when it happened, why, and precisely who to blame.
And it’s not JT.
Vince Treacy,
That link to the old newspaper articles was informative, thank you.
Patty,
“And she, Jill, refuses to ‘get off it already’ still.”
That would apply to you as well.
I didn’t post on the nip and tuck topic, but here I’m going to say that I wouldn’t mind a change to a message board format so that I might be able to put Patty C on ignore.
Your incessant nastiness is just uncalled for.
Author: Patty C
Comment:
No one with credibility ever suggested the Clintons murdered Vince – ever.
Shut up, GWLSM…
me: shut up? are you being sarcastic or what? you know, I’ve stayed out of the personal hoo-ha going on here because I really thought that at the heart of discussion was a kernel of civility.
my question about the Clintons and Vince Foster had to do with a certain element in the darker corners of the culture that seems to be shared by the same sort of people who believe Obama is not American and rant about the validity of his birth certificate. none of it was a personal insult or attack.
YOu don’t want to start this with me. not really.
VT,
I am sorry, you must have conjured up this information. Next somebody will probably say that if McCain had won that he could not be president because he was not born on American (US) soil. He was birthed by parents that were out of the country in Panama at the time. But he was not birthed here, so he must be a foreigner. By the way Foreigner had a pretty good band while they were together.
Both Hawaii newspapers published announcements of his birth on August 4, 1961:
http://whatreallyhappened.com/WRHARTICLES/obamabirth.php.
To believe these birthers, you have to believe that Obama supporters climbed into a time machine and planted birth announcements in both papers back in 1961.
The link should work now.
This is posted for all interested readers, because of all the stuff that has been posted here on the birth issue. This site had a thorough discussion of the natural born arguments for both McCain and Obama last year, and they can be found by means of the site’s search engine.
The short answer to the question “Where’s the birth certificate?’ is that Obama has produced it, that it is on the web for all to view, that it is valid and legal and not forged, and that the birthers are too blind or willfully resistant to looking at it. http://www.factcheck.org/elections-2008/born_in_the_usa.html. At factcheck.org, you can look at both sides of the certificate and see both sides of the raised seal.
The Obama birth certificate flap is an urban legend, a fairy tale, a false story that has been exposed repeatedly by snopes.com and others: http://www.snopes.com/politics/obama/birthcertificate.asp
The Hawaii Certification of Live Birth is a valid certificate that was signed by the responsible Hawaii state officials, based on their examination of official state records. If you think it was not valid, you have to assume a vast conspiracy by state officials who are risking their livelihoods and long jail terms for perjury. It is a valid legal birth certificate for all purposes in Hawaii and elsewhere.
The Certification of Live Birth can also be viewed online at: http://msgboard.snopes.com/politics/graphics/birth.jpg.
QUOTE: Update Nov. 1: The Associated Press quoted Chiyome Fukino as saying that both she and the registrar of vital statistics, Alvin Onaka, have personally verified that the health department holds Obama’s original birth certificate.
Fukino also was quoted by several other news organizations. The Honolulu Advertiser quoted Fukino as saying the agency had been bombarded by requests, and that the registrar of statistics had even been called in at home in the middle of the night.
Honolulu Advertiser, Nov. 1 2008: “This has gotten ridiculous,” state health director Dr. Chiyome Fukino said yesterday. “There are plenty of other, important things to focus on, like the economy, taxes, energy.” . . . Will this be enough to quiet the doubters? “I hope so,” Fukino said. “We need to get some work done.”
Fukino said she has “personally seen and verified that the Hawaii State Department of Health has Sen. Obama’s original birth certificate on record in accordance with state policies and procedures.”
UNQUOTE, Source: http://www.factcheck.org/elections-2008/born_in_the_usa.html
Both Hawaii newspapers published announcements of his birth on August 4, 1961:
http://whatreallyhappened.com/WRHARTICLES/obamabirth.php.To believe these birthers, you have to believe that Obama supporters climbed into a time machine and planted birth announcements in both papers back in 1961.
The email that Obama attended college on a foreign student Fulbright was an April Fools joke:
http://www.factcheck.org/askfactcheck/has_a_smoking_gun_been_found_to.html . It has taken in a lot of gullible folks.
When the certificate was made public, the critics immediately charged that it was a forgery. These charges have all been discredited. Now they claim they want the long-form or vault copy without ever describing what they mean. It doesn’t matter how many documents Obama may release. They will all show birth in Hawaii in 1961. But charges of forgery will greet any and all further document releases. It will become an infinite regression. The birthers will just say the new records are forgeries. They will never admit the truth.
It is impossible to prove a negative. Nothing will ever convince the irrational doubters. This is probably because they are not really concerned about the Constitution. They are just feeding the frenzy of hatred for Obama.
So the COLB is an official record. It is the same type of official record that anyone else would file for proof of citizenship anywhere in the country. One especially specious argument is that Hawaii will issue and official COLB for individuals born outside Hawaii. I looked that up. Hawaii will issue such a certificate, but it will certify that the person was born elsewhere, not that the person was born in Hawaii.
So those are the facts. As I have posted before, at this site the unsupported false allegations of the trolls are challenged promptly.
Finally, Rush Limbaugh claimed that neither God nor Obama has a birth certificate. Well, Obama has one. Does Rush? Rush could only know about God’s birth certificate if he has spoken to God directly, lately.
BVM, I just read the balance of your posts on this thread, and it appears that you are a few coconuts shy of a plantation. BTW, to be a natural born citizen of this country does not mean that either of your parents has to be. Your understanding of the law is as questionable as your hold on reality. Get a basic education. Then come back and talk to the adults.
BVM, if you don’t attach any importance to opinions on this site, why in the world do you waste your time reading them? I can assure you that you are not providing an educational service to any of the rest of us. Isn’t this a bit of a lose-lose situation, or is your goal simply to vent your anger in as annoying a manner as possible?