Author: rafflaw

Congress, Constitutional Law, Courts, Free Speech, Justice, Lawyering, Politics, Society, Supreme Court

Internet Kill Switch Plan is Killed…For Now.

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Respectfully submitted by Lawrence E. Rafferty (rafflaw)-Guest Blogger

The Electronic Privacy Information Center recently won the first round of a court action asking that the Department of Homeland Security be required to disclose its plans to pull the plug on regional or national mobile telephone and internet communication systems pursuant to its Standard Operating Procedure 303.

“In the classicly-rendered case, DHS has argued that shutting down entire communication networks might be necessary in order to prevent the detonation of radio-controlled bomb or explosive device.

However, siding with the Electronic Privacy Information Center (EPIC), which brought a suit demanding more transparency for the DHS program known as “Standard Operating Procedure 303” (or SOP303), the federal judge at the US District Court for the District of Columbia ruled that because the release of the protocol could not reasonably be seen as harming law enforcement “investigative techniques or prosecutions” it’s cited reasons for keeping the details of the program secret did not hold up.” Common Dreams

The so-called SOP 303 could allow DHS to cut-off all internet and mobile phone communications at a regional level or a national level if it determined that there was a national security concern.  We have already seen this government tactic used in Oakland in 2011 and that alleged over reach by the Bay Area Rapid Transit authorities may be the reason for EPIC’s lawsuit.  Continue reading “Internet Kill Switch Plan is Killed…For Now.” →

Congress, International, Justice, Military, Politics, Society, Uncategorized

Ireland and The End of Austerity?

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Respectfully submitted by Lawrence E. Rafferty (rafflaw)- Guest Blogger

Everyday we read about the latest call for drastic cuts in government spending and claims that our national debt is killing us.  Those calling for the cuts claim that austerity is the only way that we can get the economy moving again.  To that end they call for cuts in Social Security, Medicare, SNAP and many other assistance programs, but consistently refuse to cut our immense defense budget.  Where else have these calls for austerity been made into law and what are the results of these programs?

If you look to Ireland, you can see just one example how austerity has brought a country and its people, to their knees.   Continue reading “Ireland and The End of Austerity?” →

Congress, Constitutional Law, Courts, Criminal law, Justice, Lawyering, Supreme Court

Criminal Defendants and Wireless Wiretaps: One Small Victory?

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Respectfully submitted by Lawrence E. Rafferty (rafflaw)-Guest Blogger

A recent decision by the Justice Department has opened the doors to a possible test of whether the government’s widespread use of wireless wiretaps is constitutional.

“The Justice Department for the first time has notified a criminal defendant that evidence being used against him came from a warrantless wiretap, a move that is expected to set up a Supreme Court test of whether such eavesdropping is constitutional.”  New York Times  Continue reading “Criminal Defendants and Wireless Wiretaps: One Small Victory?” →

Courts, Criminal law, Environment, Free Speech, International, Justice, Lawyering, Supreme Court, Uncategorized

Chevron Owes $19 Billion and Doesn’t Want to Pay!

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Respectfully submitted by Lawrence E. Rafferty (rafflaw)- Guest Blogger

Back in July of this year, we discussed a successful request by oil giant Chevron to subpoena 9 years of metadata from countless defendants and non-defendants.  This was arguably an attempt to attack a $19 Billion dollar judgment handed down by an Ecuadorian court against Chevron by going after the parties involved in the lawsuit.

Chevron was not deterred when the United States Supreme Court refused to review the judgment.  It merely went on the attack and found an allegedly friendly judge in New York to assist in refusing to pay the judgment owed to various indigenous communities that were devastated by Chevron’s predecessor’s actions in the rainforests where it was drilling for oil.  We need to revisit this issue now that the RICO action filed by Chevron started this week in New York.  Continue reading “Chevron Owes $19 Billion and Doesn’t Want to Pay!” →

Congress, Constitutional Law, Courts, Justice, Lawyering, Media, Politics, Society, Supreme Court, Uncategorized

When Will We Decide to Stop the Killings by Guns?

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Respectfully submitted by Lawrence E. Rafferty (rafflaw)-Guest Blogger

We have discussed the thousands who have been killed by guns in this country on several occasions on Professor Turley’s blog and we have seen some of the same responses from both sides of the discussions about reasonable restrictions on gun ownership and use.  Some say that any restriction on gun ownership, no matter how small, is a violation of their Second Amendment rights.

Some of those who are in favor of reasonable gun control measures, point to the sheer numbers of women and children and men who die each day due to senseless murders and sorrowful accidents.  Emotional arguments and reasons have been offered by both sides of the discussion, but yet not a single worthwhile National gun control measure has become law and the killings and deaths continue unabated.

To my dismay and shock, not even the Sandy Hook Elementary School shootings, where 20 small school children and 6 staff members lost their lives to an arguably mentally ill shooter, produced any resulting legislation that could be argued offers some relief in the ever larger numbers of gun deaths.

While researching this article I had trouble finding articles written on this subject after April of 2013.  There were many articles, including articles on this blog from December of 2012 through April of 2013, but very little since.  In light of the dearth of media interest since April of this year, I am curious about what it will take for the United States of America to decide it is time to stop killing itself? Continue reading “When Will We Decide to Stop the Killings by Guns?” →

Congress, Courts, Criminal law, Justice, Politics, Society, Uncategorized

Is it Time to Break Up JP Morgan?

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Respectfully submitted by Lawrence E. Rafferty (rafflaw)-Guest Blogger

I am sure that you have heard the phrases, “Too Big to Fail” and “Too Big to Jail”, when it comes to the so-called Big Banks.  Indeed, the topic has been written about and discussed on many occasions here on Professor Turley’s blog.  Fellow Guest Blogger Elaine Magliaro wrote about it here, and I wrote about Big Banks plotting, along with the FDIC and the Bank of England to “steal” depositors money in order to bail out gambling banks, to name a couple of recent articles.

The stories about Big Banks being investigated and fined could fill a very large hard drive.  Even with all of those stories and countless others, I was still shocked to read recently about a meeting that JP Morgan CEO Jamie Dimon had with the United States Attorney General, Eric Holder.  It was reported that the purpose of the meeting was to discuss yet another financial settlement for alleged JP Morgan irregularities. The numbers they allegedly were discussing were staggering! Continue reading “Is it Time to Break Up JP Morgan?” →

International, Justice, Media, Military, Politics, Religion, Uncategorized

Was It Really So Hard To Pick Up The Phone And Call Rouhani?

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Respectfully submitted by Lawrence E. Rafferty (rafflaw)- Guest Blogger

You may be wondering who is this person named Rouhani and why would it be hard to call him/her on the phone?  Would you think differently if you knew that Rouhani is Hassan Rouhani and he is the current President of Iran?  As reported this past week, after President Obama and President Rouhani had both spoken at the United Nations in New York City, it was rumored that the two might actually meet in person.

While that meeting did not take place, it was reported that President Obama actually called President Rouhani on the telephone.  As you can imagine, it was considered a big deal in the media that the Presidents of the United States and Iran had actually spoken on the telephone.  On one level, I can understand the importance of the first direct contact between the heads of these two countries since 1979.  Additionally, in light of the level of sabre rattling over Syria recently and Iran constantly, I guess it is a big deal..sort of. Continue reading “Was It Really So Hard To Pick Up The Phone And Call Rouhani?” →

Congress, Constitutional Law, Courts, Criminal law, Justice, Lawyering, Military

The Military’s War on Women Continues

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Respectfully submitted by Lawrence E. Rafferty (rafflaw)-Guest Blogger

I saw this story during this past week and I have to admit, that it made my stomach turn.  Despite the increased interest some in Congress and in the Pentagon have shown in how accusations of rape by female members of the military are treated, women can still jeopardize their careers and their mental well-being if they bring charges against their alleged attackers.

‘”For roughly 30 hours over several days, defense lawyers for three former United States Naval Academy football players grilled a female midshipman about her sexual habits. In a public hearing, they asked the woman, who has accused the three athletes of raping her, whether she wore a bra, how wide she opened her mouth during oral sex and whether she had apologized to another midshipman with whom she had intercourse “for being a ho.”’ New York Times Continue reading “The Military’s War on Women Continues” →

Courts, Criminal law, Justice, Lawyering, Society

Bad Banks Continue to Screw Homeowners

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Respectfully submitted by Lawrence E. Rafferty (rafflaw)-Guest Blogger

I know it may not surprise you that banks may be screwing homeowners in light of their past bad and illegal tactics in foreclosing home loans.  However, in light of the fact that five of the largest banks agreed in a settlement in 2012 to end their deceptive and illegal foreclosure actions, their refusal or inability to control the contractors they hire in the foreclosure process may end them back in front of regulators.

Recently, the State of Illinois filed suit against the largest  property management company that some of these very same banks use, and alleged that the company, Safeguard Properties, LLC, illegally broke into homes of people who were involved in a foreclosure or about to be foreclosed on and removed possessions and in some cases stole or damaged borrower’s personal property. Continue reading “Bad Banks Continue to Screw Homeowners” →

Constitutional Law, Courts, Criminal law, Justice, Lawyering, Politics, Supreme Court, Uncategorized

Nullification-Missouri Style

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Respectfully submitted by Lawrence E. Rafferty (rafflaw)-Guest Blogger

The Show Me state, has been making news lately.  Unfortunately, the news it has been making has nothing to do with the St. Louis Arch or the baseball Cardinals, but its legislature’s penchant for attempting to nullify Federal laws that it does not agree with.  The State of Missouri is working hard to nullify Federal gun laws and Obamacare.

“If you ever wondered what a 21st century nullification crisis would look like, look no further than Missouri. One hundred and forty eight years after the end of the Civil War, the New York Times reports, “the Republican-controlled Missouri legislature is expected to enact a statute next month nullifying all federal gun laws in the state and making it a crime for federal agents to enforce them.” Meanwhile, the Show Me State is doing everything it can to effectively block implementation of the Affordable Care Act.” Daily Kos

I guess Missouri wants to Show the rest of the nation that the Constitution and its Supremacy Clause is not worth the parchment it is written on.  In case you are not sure what is meant when a State tries to nullify a Federal law, here is a little primer on the subject. Continue reading “Nullification-Missouri Style” →

Bizarre, Constitutional Law, Courts, Criminal law, Free Speech, Justice, Lawyering

Sovereign Citizens With a Penchant for Filing Liens

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Respectfully submitted by Lawrence E. Rafferty (rafflaw)-Guest Blogger

I have to admit that I knew very little about the sovereign citizen movement before I read a New York times article a couple of days ago that opened my eyes to the movement and how some in that movement have attacked government officials and civil service workers.  To fully understand how members of the sovereign citizens movement think, one must know a little about their beliefs.

“Sovereign citizens believe that in the 1800s, the federal government was gradually subverted and replaced by an illegitimate government. They create their own driver’s licenses and include their thumbprints on documents to distinguish their flesh and blood person from a “straw man” persona that they say has been created by the false government. When writing their names, they often add punctuation marks like colons or hyphens.” New York Times Continue reading “Sovereign Citizens With a Penchant for Filing Liens” →

Congress, Constitutional Law, Courts, Criminal law, International, Justice, Lawyering, Military, Politics, Supreme Court

Single Mom Versus George W. Bush

George W. Bush

Respectfully submitted by Lawrence E. Rafferty (rafflaw)-Guest Blogger

With all of the discussion we have had on his blog about the abandonment of the rule of law in this country, I was very interested when I read about a class action lawsuit that was filed in March of this year.  The case is Saleh v. Bush, and it was filed in an attempt to hold former President George W. Bush and five members of his administration responsible and liable for the damages incurred when Iraq was attacked by the United States and some of its allies in 2003.

“Saleh is the lead plaintiff in a class action lawsuit targeting six key members of the Bush Administration: George W. Bush, Richard Cheney, Donald Rumsfeld, Condoleezza Rice, Colin Powell, and Paul Wolfowitz. In Saleh v. Bush, she alleges that the Iraq War was not conducted in self-defense, did not have the appropriate authorization by the United Nations, and therefore constituted a “crime of aggression” under international law—a designation first set down in the Nuremberg Trials after World War II. The aim of the suit is simple: to achieve justice for Iraqis, and to show that no one, not even the president of the United States, is above the law.” Yes Magazine   Continue reading “Single Mom Versus George W. Bush” →

Congress, Constitutional Law, Courts, Justice, Politics, Society, Uncategorized

Will Detroit’s Pensioners Lose out to Big Banks?

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Respectfully Submitted by Lawrence E. Rafferty (rafflaw)-Guest Blogger

On July 18th, 2013, the City of Detroit made news because the state appointed emergency manager officially filed for a Chapter 9 bankruptcy. “Detroit filed the largest municipal bankruptcy in U.S. history on Thursday, setting the stage for a costly court battle with creditors and opening a new chapter in the long struggle to revive the city that was the cradle of the American auto industry.

The bankruptcy, if approved by a federal judge, would force Detroit’s thousands of creditors into negotiations with the city’s Emergency Manager Kevyn Orr to resolve an estimated $18.5 billion in debt that has crippled Michigan’s largest city.” Tribune

There is no dispute that the City of Detroit has been mismanaged for years, but now that the Emergency Manager has filed the bankruptcy, just who will lose the most in the bankruptcy process?   Continue reading “Will Detroit’s Pensioners Lose out to Big Banks?” →

Congress, Constitutional Law, Courts, International, Justice, Lawyering, Military, Supreme Court

The Most Important Court Case You May Never Have Heard Of

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Respectfully submitted by Lawrence E. Rafferty (rafflaw)-Guest Blogger

It has not made a lot of noise in the main stream media, but recently, an important case filed jointly by the ACLU and the Center for Constitutional Rights challenging the Department of Justice and the Obama Administration’s drone war was argued in front of Judge Rosemary Collyer.  That case is Anwar Al-Aulaqi vs. Panetta, et al and it was filed in the United States District Court for the District of Columbia in 2012.  You can find the filing here.

What makes this case so important is that it was filed on behalf of the estate of a 16-year-old American citizen who was killed by an American drone strike, along with other victims,  in Yemen in 2011.  Recently the United States Department of Justice presented a defense that is quite striking.  Continue reading “The Most Important Court Case You May Never Have Heard Of” →

Constitutional Law, Courts, Free Speech, Justice, Lawyering, Military, Politics, Supreme Court

An Oil Company Just Spilled the First Amendment

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Respectfully submitted by Lawrence E. Rafferty (rafflaw)-Guest Blogger

What does a large Oil Company do when it is ordered to pay a $19 Billion dollar judgment to a country and its indigenous communities that were ravaged by the drilling and leaks caused by the Oil Company?  If that Oil Company is Chevron,  it cries foul and does everything possible to avoid having to pay for its corporate sins.

“Advocates for the plaintiffs in the Chevron case say that subpoenaing the email records is the company’s latest nuclear tactic to win a lawsuit it keeps losing. Chevron was ordered to pay $9 billion in damages in 2011 and to issue a public apology. After the company refused, a judge ordered the damages to double. The Supreme Court has declined to hear Chevron’s appeal.” Mother Jones Continue reading “An Oil Company Just Spilled the First Amendment” →

Res ipsa loquitur – The thing itself speaks