Month: March 2014

Police Department Sued Over Alleged Harassment Of Citizen Posting Speed Trap Warning

By Darren Smith, Weekend Contributor

Speed Trap Warning SignAn Oklahoma citizen took his small town’s police department to federal court, claiming police clamped down on him when he put a sign on the curb warning of a speed trap ahead.

James Goad, of Meeker, Oklahoma, says the harassment that followed his action amounted to a violation of his First Amendment right to freedom of speech. In the suit against the Meeker Police Department and Police Chief Sam Byrd, Goad claims police arrested him and violated his civil rights to get back at him for his sign stunt.

“Mr. Goad was exercising his constitutional right to free speech when he posted the speed trap warning sign on the property,” Goad’s attorney, Jack Dawson, wrote.

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UN To Declare Biofuels Cause More Harm Than Benefit To The Environment

By Darren Smith, Weekend Contributor

Biodiesel Fueled BusAccording The Telegraph the United Nations will officially warn that growing crops to make “green” biofuel harms the environment and drives up food prices, The Telegraph can disclose. A leaked draft of a UN report condemns the widespread use of biofuels made from crops as a replacement for petrol and diesel. It says that biofuels, rather than combating the effects of global warming, could make them worse.

The draft report represents a dramatic about-turn for the UN’s Intergovernmental Panel on Climate Change (IPCC).

Its previous assessment on climate change, in 2007, was widely condemned by environmentalists for giving the green light to large-scale biofuel production. The latest report instead puts pressure on world leaders to scrap policies promoting the use of biofuel for transport. The summary for policy makers states: “Increasing bioenergy crop cultivation poses risks to ecosystems and biodiversity.”

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Controversy In Great Britain Over Aborted And Miscarried Fetuses Incinerated As Medical Waste

By Darren Smith, Weekend Contributor

national-health-service-logoThere is a disturbing and somewhat macabre report out of Great Britain where the bodies of thousands of aborted and miscarried fetuses were incinerated as clinical waste, with some even used to heat hospitals, an investigation has found.

Ten National Health Service (NHS) trusts have admitted burning fetal remains alongside other rubbish while two others used the bodies in ‘waste-to-energy’ plants which generate power for heat. Department of Health issued an instant ban on the practice which health minister Dr Dan Poulter branded ‘totally unacceptable.’

At least 15,500 fetal remains were incinerated by 27 NHS trusts over the last two years alone, according to British news agencies.

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Three California Legislators Suspended For Alleged Criminal Activity

By Darren Smith, Weekend Contributor

California Senate SealAccording 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?

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New Jersey Student Suspended For Confederate Flag On Truck

3434786_GI recently wrote about the declining free speech rights of students in the United States. There is another such case out of New Jersey this week where Gregory Vied, 17, has been suspended for refusing to remove a Confederate flag on his truck. In my view, it is a clear violation of free speech and an abuse of the rights of this student to express his views and associations by the administrators of Steinert High School in Hamilton Township.

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United Nation’s Report Condemns The United States For Human Rights Violations, Including Blocking Prosecution Of Those Responsible For Torture

President_Barack_Obama150px-OHCHR_logoThe 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.

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Fifth Circuit Upholds Texas Abortion Restrictions In Major Ruling With Supreme Court Potential

Edith-Jones-Judge-Edith-H-Jones-Edith-Hollan-JonesWhile 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.

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Please Don’t Attack The “Outsiders”: California University Official Issues Letter In Miller-Young Controversy

photo_youngmilleryoungincident2 We recently discussed the controversy surrounding a confrontation between Thrin Short, 16, and her sister Joan, 21, and Feminist Studies Associate Professor Mireille Miller-Young. Miller-Young has now been charged with criminal conduct including Theft of Person; Battery; and Vandalism. However, even that charge does not appear to have prompted an express and clear statement from the University denouncing Miller-Young or calling for the review of her academic position. To the contrary, in the first statement from the university, Michael D. Young, Vice Chancellor of Student Affairs, appears to spend more time alluding to the victims as the problem than addressing the allegedly criminal abuse by a member of the faculty. The letter below contains a series of backhanded references to those engaging in free speech demonstrations on campus. The problem it would seem is not Miller-Young as much as these troublesome “outsiders” and “evangelical types” who come to “create discord” and “promote personal causes and agendas.” In the end, you are not sure if Miller-Young was the culprit or a victim in these alleged criminal acts. While there are good sentiments expressed in this letter, I can understand why the pro-life community would view this letter as basically saying “please don’t beat the protests no matter how much they may deserve it.”

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A Wake Up Call For Good Morning America Or Just Another Fall From Grace?

I have previously discussed my views about Nancy Grace and her genre of legal commentary. (here and here and here and here and here and here and here and here and here and here and here). This week Grace is being mocked for another controversial appearance on Good Morning America where she shouts “porn” repeatedly in an interview on the the Oscar Pistorius murder trial. She was appearing with ABC legal analyst Dan Abrams and appears upset that neither the anchor nor Abrams want to talk about porn as opposed to the developments in the case.

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Michigan Man Sues Police Over Christmas Eve Arrest After Officer’s Account Is Contradicted By Videotape

-e7e7901c5b6b9359There is an interesting lawsuit out of Flint Township, Michigan over the arrest of John David McMorris who was arrested for a concealed weapon on Christmas Eve. McMorris, 21, was walking alongside a road when he was stopped by a Flint Township police officer. The officer arrested him for concealing a handgun. It is legal to openly carry a handgun. However, the video below shows the gun clearly in the open and McMorris even turned with his hands up to show the officer his .40-caliber Smith & Wesson pistol on his hip.

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California State Senator And Gun Control Advocate Arrested On Gun Trafficking Charges

01senator-leland-yee.thumbnailCalifornia 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.

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Law Professor Pepper Sprayed While Teaching Class On Vigilantes

cowenGeorge Mason University Professor Tyler Cowen‘s lecture on vigilantes got a bit too real this week when a man ran into his Law and Literature class and pepper sprayed him. Cowen reportedly ran into the hall with the intruder in pursuit but an off-duty officer (who happened to be in a class) caught the culprit.

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From Criminal Counsel To Mafia Moll: Arizona Lawyer Sentenced For Crimes With Gang Leader Husband (and Client)

carmenlynnfischergarciaCarmen Lynn Fischer Garcia, a Phoenix defense attorney, has pleaded guilty and received a three year prison sentence for crimes that seem to come right out of an episode of “Sons of Anarchy” or “Breaking Bad.” Fischer admitted to helping a gang move money and served as a conduit for passing information between jailed and street members. She admitted to be a “ruca” or female associate to the gang and assisting Angel Garcia from December 2007 to July 2013 in moving money and transmitting messages from prison. She marry Garcia in July 2011, though the FBI insisted that Garcia was feigning affection.

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Exporting Smog and Surveillance: China Continues To Remake The World In Its Own Image

220px-Factory_in_China250px-Surveillance_quevaalA new report from the World Health Organization details how 7 million people are dying from air pollution every year and 40 percent of those are dying from China’s pollution. Too often, politicians treat pollution as just some trade off for jobs, but it has a more lethal cost that most people do not appreciate. China is the nightmare scenario of that environmental meltdown as we have previously discussed. At the same time, China is exported its surveillance technology to help nations like Ethiopia suppressed dissent and free speech.

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Colorado Girl Shaves Head In Solidarity With Friend In Chemotherapy . . . School Suspends Girl For Violating Dress Code

logoIn what has become the new normal for teachers and administrators, we have yet another case of a suspension based on a thoughtless and heartless application of a school rule. The latest outrage comes from Caprock Academy in Grand Junction where Kamryn Campbell was suspended when she showed up at school with a shaved head. The teachers and administrator said that a shaved head violated the hair code of the school but she explained that she shaved off her hair to support a friend battling cancer. The school basically said “that’s nice” and suspended her.

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