Submitted by Guest Blogger, Lawrence Rafferty
After a wonderful Christmas weekend spent with my family and my two Grandsons, and after celebrating the Bears victory over the Jets, it is time to get back to work. I was not surprised to read that the Republican minority in the United States Senate have been trying to prevent President Obama’s nominations for the Federal Judiciary from receiving a vote on the Senate floor. However, I was shocked to see the extent of the intentional obstruction. The Obama Administration has the lowest judicial confirmation record since before the Carter administration. Almost one of every nine judicial judgeships is currently without a Federal judge on the bench. How could a minority in the Senate derail the nominations of so many judges to the Federal bench?
Between secret Senatorial holds and the Republican’s favorite obstruction tool, the filibuster, the Republican minority in the Senate has blocked so many nominees from getting a vote on the Senate floor that they have created a vacancy crisis in the Federal Judiciary. “Notably, three of these vacancies are on just one court. Of the four active judgeships on the United States District Court for the Central District of Illinois, three are presently vacant, leaving the court’s chief judge as its only active member. Two of President Obama’s nominees to this court, James Shadid and Sue Myerscough, were unanimously approved by the Judiciary Committee for this excessively overburdened court. Yet none of Obama’s nominees to the Central District of Illinois received a vote in the 111th Congress.” http://thinkprogress.org/2010/12/25/judgeships-vacant/ Why would the Republicans want to prevent even non-controversial judges from being confirmed? They are attempting to keep Democratic leaning judges from being sworn into positions where Republican issues can be thwarted or struck down by what they call “activist” judges. Of course, an activist judge is in the eye of the beholder. The Republicans do not care about the Federal Districts being overwhelmed with cases due to the vacancies. It seems obvious that they only care about having judges in place who will rule as they want them to rule. Even if their plan brings the nation’s Federal judiciary to a grinding halt. Is it time to end or limit the filibuster and the secret holds in the Senate?
I guess the question should be whether there is a right to have a court rule that one was injured by a crime and therefore should be recognized as a crime victim even if there is no pending criminal prosecution.
When I sued DOJ, they went on and on about how there is no right to a criminal prosecution.
Do you think there is a right to file a petition for recognition as a crime victim without an ongoing criminal prosecution?
Rafflaw: “torture issue … yet he has done nothing to go after the ones responsible.”
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A deal with the devil. I blame Gerald Ford. If Nixon hadn’t been given a ‘get out of jail free’ card maybe W would have had second thoughts that would have tempered the magnitude of his lawbreaking.
Well said Lottakatz,
The Obama presidency has been a disappointment on the torture issue especially. Here is a guy who claimed to be against the torture regime and even stated that it was criminal, but yet he has done nothing to go after the ones responsible.
Do you think that U.S. judges can order people to appear for extermination as a way to control health care costs?
LK:
The part 2 of Specters speech starts off talking about the filibuster.
Jill: “The Senate has passed all the legislation that matters to them without any problem. They got a good deal for the MIC, the financial industry, big pharma, and the health insurance industry just to name a few of their “successes”! For a Senate supposedly unable to do anything, they certainly have been able to do all these things for their paid donors!”
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Exactly, they do not work for us.
I think Obama is as he is and has been. A centerist on domestic programs. I have no understanding of his motives regarding the unitary executive, torture etc. and take them for what they are on their face, wrong and cruel.
I think those of us that were desperate for change projected who/what we wanted onto him. I read the Democratic platform and wanted that and more also.
My take on Obama’s is that he likes to be a ‘winner’ and if he doesn’t think he can get something he doesn’t waste time or effort fighting for it, he just moves on. He just makes concessions up front to rob his opposition of talking/delaying points or because the concessions are of little value to him, and moves on. He’s not really a politician in that regard IMO and I see that as a great failing.
I am greatly disappointed in him but I do wonder how much of that I brought on myself through my projections. Heck, I’m a bleeding heart liberal, socialist actually, and I won’t be happy until Dennis Kucinich is elected President.
I can’t spare any money for the ACLU because our government has destroyed my life. Our government incarcerated me on the basis of supposed indirect contempt based on violation of a court order, but the supposed court order — against PRO SE litigation — was in response to ex parte conference (itemized in attorney bills) not to a motion.
This allowed me to be improperly labeled as a vexatious PRO SE litigant.
The ACLU may represent terrorists and Nazis but to the best of my knowledge it has no interest in defending PRO SE litigants because of course, PRO SE litigants are the scum of the earth.
This was done so that I could not defend my character, my reputation or my finances. My right to Access to Court was denied with or without a lawyer because there is no recognized right to a lawyer unless one is criminally charged. Furthermore that is the case for about 95% of U.S. citizens. I studied one defamation case that had a 5 day court trial and the plaintiffs’ legal bills were $300,000. Just recently I looked up every single law firm in Minneapolis and not one of them lists in its description of practice that it would represent an individual plaintiff in a defamation action unless the plaintiff is a business. I searched the District of Columbia bar association for plaintiffs’ attorneys and very few were listed except for employment actions.
Furthermore, the attorney who requested that I be incarcerated without a criminal charge and who stated in court that I didn’t have a right to an attorney or an evidentiary hearing before incarceration, Christopher Beall a former partner at Faegre & Benson, was a volunteer attorney and represented the ACLU. Beall also claimed that Rule 11 sanctions don’t require a Rule 11 motion or a rule 11 c 6 ruling and Faegre & Benson filed in Dane County Court claiming that I owe them some 11 K so therefore I can’t get a lease, a loan, or a mortgage.
Federal Courts position is that when a NO PRO SE order is imposed there is no right to a lawyer.
“Why would the Republicans want to prevent even non-controversial judges from being confirmed?”
[pause]
[thinking?]
Because there cannot exist any non-controversial judges?
Because judgment is necessarily controversial?
Blouise, Our holiday was good and no flashing lights in sight. I’m very glad to hear that your trips to the outer circle of hell are on hiatus also. I’m keeping fingers and toes crossed for us both and our far-flung Turleyblawgers as the storms sweep across the nation.
Our snow (a piddle-y 4″) is kind of melting off but from the news I see what the rest of the country is getting and I hope no-one of us is out trying to move 12, 18, or 26 inches of snow. The last time I shoveled snow (and it was a good, deep snow) I thought it killed me. I passed out after having shortness of breath and pain in my chest. My last conscious thought was ‘I can’t believe it, I just killed my self to go to work?
LOL, F*** that! I haven’t done snow in years and have no plans to start again. You Turleyblawgers be careful out there!
kay sieverding: “@Lottakatz You write “We live in an oligarchy of the rich, both corporate and personal.”
That is partially because only the rich are allowed to pursue lawsuits.”
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Blame it on those tort-reformi’n neocons, pimped out Democratic sock-puppets and the cost of doing business; and send the ACLU some money if you have it to spare. The ACLU is good people.
Lottakatz,
The Senate has passed all the legislation that matters to them without any problem. They got a good deal for the MIC, the financial industry, big pharma, and the health insurance industry just to name a few of their “successes”! For a Senate supposedly unable to do anything, they certainly have been able to do all these things for their paid donors! Therefore, I cannot agree that the Democratic Senate stands helpless in the face of Republicans. They only stand helpless when it suits them, otherwise, they are on time and vote as they’re told.
I agree that the president isn’t the puppet master, nor is the Congress, nor is the judiciary. Or at least, they are limited to puppet mastering in some areas, but not globally. Indeed it is a united oligarchy at work here and they use everyone to achieve their goals, Republicans and Democrats alike. This doesn’t let any of these lackeys off the hook in my mind either. No one should willingly work for evil or to harm others. Each person is accountable for their actions in this regard.
Where I believe there is confusion is that people believe Obama wants programs that would really help the people to pass. He does not. So people keep begging him to do the right thing which is a complete waste of time. He never had, nor will he ever have, the intention of doing right by the people. We aren’t his donors, we aren’t his concern. This is why his every authoritarian program, every plan that screws the planet and most of our population sails on through–because that’s the ones he wants to go through. Yes, he’s doing the work of the oligarchy and he should be held to account for that as should anyone else so inclined.
Lotta,
You are making a lot of sense, as usual …
Trust the holidays are free from hospital trips … we have enjoyed an emergency room hiatus and are very grateful.
@Lottakatz You write “We live in an oligarchy of the rich, both corporate and personal.”
That is partially because only the rich are allowed to pursue lawsuits.
Tootie, you wouldn’t know a Marxist if one bit you on the a$$, calling Obama a Marxist is ludicrous. And irony. You need better grasp of what the labels mean before you start stringing them together as political pejoratives. Srsly 🙂
Jill, “This is propaganda. Here’s the big picture which is missing from the post. When Obama wants something done in Congress, it gets done. When he does not want it done but wants it to look like he does, “gridlock” magically appears on cue.”
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The fact is though that the Senate can not pass any legislation that the Republicans do not buy into. They do so or not for their own reasons. If there existed a ‘simple majority’ rule without exceptions then I would be inclined to agree in some degree with you but that isn’t what we have here and haven’t for both years of the Obama presidency.
The fact that we don’t have two distinct political parties, only two wings of the same party is also a factor that mitigates Obama’s failure to succeed at getting ‘his’ programs passed- except for the deplorable authoritarian ones. And I warned about that a couple of years ago, power never divests itself voluntarily, it has to be taken away or taken back.
The President isn’t the puppet-master anymore. We live in an oligarchy of the rich, both corporate and personal. There was no more clear demonstration of that than John Bhoner handing out tobacco-lobbyist checks to his fellow Representatives in the well of the house as a bill related to tobacco regulation was being gaveled to vote. He kept his job and his head. ! They don’t even hide it. I’d call them whores but I have nothing against sex-workers, why disparage?
It’s all a show but the director or producer isn’t Obama, he’s just another actor. I’m not letting him off the hook just observing that laying major blame on him takes the spotlight off an abjectly corrupt system that has no interest in reforming itself. Revolving door elected officials and Generals know upon which side their bread is buttered. Miscreants and traitors all.
Related but… file under ‘this is what we have become’:
Islam-Bashing Bigot Trains Counterterrorism Experts
http://www.huffingtonpost.com/chip-berlet/islam-
bashing-bigots-trai_b_799268.html
Who is the ICTOA and should we be concerned about them bending and twisting this kind of bigotry into one of their professional ‘best practices’? Yep.
These folks really don’t deal with terrorists, they are your local chiefs of police and public servants and private security businessmen. They are being trained to bring these attitudes to a street corner near you:
(From their website)
“The International Counter-Terrorism Officers Association (ICTOA) is a Non-Profit association founded by members of the New York City Police Department. The ICTOA is comprised of law enforcement personnel, firefighters, military, first responders, private/corporate security, and other related professionals.”
less than not less then where is the editor
The U.S government has turned to on-line publishing but must still have many printers. Years ago the Government Printing Office published a lot.
I think the government should print legal information and distribute it to every prisoner. The cost of doing so would be substantially less then the cost to the government of only one day’s imprisonment.
We do absolutely nothing to teach prisoners respect for law.
listened, not listed, where is the editor
USDOJ publishes
A person in criminal or civil contempt may not be sentenced to a term of imprisonment unless he was afforded the right to counsel at the contempt proceeding. See Argersinger v. Hamlin, 407 U.S. 25 (1972); In re Rosahn, 671 F.2d 690, 697 (2d Cir. 1982); In re re Kilgo, 484 F.2d 1215 (4th Cir. 1973); Henkel v. Bradshaw, 483 F.2d 1386 (9th Cir. 1973)
http://www.justice.gov/usao/eousa/foia_reading_room/usam/title9/crm00777.htm
I was told in court in the presence of USMS staff that I did not have a right to an attorney before being incarcerated and I was not allowed access to an attorney during the hearing or the following 124 days of imprisonment despite my repeated requests for an attorney as documented in PACER. The federal public defender wrote to me in jail that by statute his office couldn’t help me because I wasn’t accused of a crime.
Not only was I denied an attorney but I also was denied access to a copy of the U.S. Code including Title 18 and Title 28.
Not only was I denied an attorney but I also was denied access to information about habeas corpus.
The only books in the prison law library where I was kept under contract with USMS for 124 days were West Law Colorado practice, the Colorado Revised Statutes, and an incomplete edition of American Jurisprudence, missing the volume on motions.
I was also kept by USMS in two other jails. In those I filed repeated requests for law library access but that was totally denied.
I listed to an interview with Richard I. Fine about his 18 month detention without a criminal charge and he said that even for him, a former assistant U.S. Attorney who had practiced law for 40 years, the jail “law library” was useless and essentially non existent.