Author: rafflaw

Congress, International, Military, Politics

Secretary of State or Secretary of War?

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

We have seen the Republicans falling all over themselves to claim that the UN Ambassador, Susan Rice, should not be our next Secretary of State following her statements in our Libyan Ambassador’s death at the hands of terrorists.  Former GOP Presidential candidate Mitt Romney and Sen. John McCain were at the forefront of the attacks on Ambassador Rice.  “Shortly after Romney conceded his loss earlier this month, McCain set his sites on UN Ambassador Susan Rice, a likely nominee to succeed Secretary of State Hilary Clinton. Pointing to several television appearances where Rice communicated the intelligence community’s as-yet imperfect understanding of what happened during the Benghazi attacks, McCain promised that “I will do everything in my power to block her from becoming Secretary of State.” ‘ Think Progress

Now it seems that not only has McCain backed off his promises to block Ambassador Rice’s rumored nomination to succeed retiring Secretary of State Hillary Clinton, but a prominent Republican is actually advocating her as a better Secretary of State candidate than Senator John Kerry because it was alleged that Kerry is against War!  “Weekly Standard editor Bill Kristol on Sunday suggested that Republican senators should confirm United States Ambassador to the United Nations Susan Rice if she is nominated as secretary of state because she is more likely to support going to war than Sen. John Kerry (D-MA). ”  Raw Story   Continue reading “Secretary of State or Secretary of War?” →

Congress, Constitutional Law, Courts, International, Justice

Who Will Enforce the Laws Against Torture?

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

We have discussed the enforcement of torture laws many times here on Prof. Turley’s blog and the policy of the Obama Administration to “look forward” and not go after the Bush Administration for its admitted torture of detainees.  With that in mind, it was interesting to read this week that 4 victims of torture under the hands of the Bush Administration have turned to the United Nations Committee against Torture in a last effort to get justice. “Hassan bin Attash, Sami el-Hajj, Muhammed Khan Tumani and Murat Kurnaz—they are all survivors of the systematic torture program the Bush administration authorized and carried out in locations including Afghanistan, Iraq, Guantánamo, and numerous prisons and CIA “black sites” around the world. Between them, they have been beaten, hung from walls or ceilings, deprived of sleep, food and water, and subjected to freezing temperatures and other forms of torture and abuse while held in U.S. custody. None was charged with a crime, two were detained while still minors, and one of them remains at Guantánamo.

This week, in a complaint filed with the United Nations Committee against Torture, they are asking one question: how can the man responsible for ordering these heinous crimes, openly enter a country that has pledged to prosecute all torturers regardless of their position and not face any legal action?”  Truthout    Continue reading “Who Will Enforce the Laws Against Torture?” →

Congress, Constitutional Law, Courts, Criminal law, Justice, Politics, Society, Things That Tick Me Off, Uncategorized

Guns and the Collateral Damage That They Do

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

I was struck by a news story earlier this week, not only because of its importance, but because of how little air time it received in the mass media.  Earlier this week, the victims of the 2011 mass shooting in Tucson, Arizona had a chance to speak to the man responsible for those hideous acts.  One statement was especially powerful and it was from the husband of Gabby Giffords, now a former Congresswoman from Arizona.  I apologize for the length of the following quotations, but I think it is important to read most of what Gabby’s husband said to Mr. Jared Loughner, who perpetrated the crime.  Continue reading “Guns and the Collateral Damage That They Do” →

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

The Watering Down of the Fourth Amendment

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

We all know or should know the Fourth Amendment and how it protects all citizens from an illegal search and seizure of our property and person.  ‘ “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.’ ”  Cornell Law

Over the years, this valuable right has been watered down.  Recently, the Roberts Court heard arguments in a case that did not get much media attention.  That case involved a man who was arrested and detained after a traffic stop just because he had been in an apartment that the police had just exercised a search warrant.  The name of the case is Bailey v. United States and oral arguments in front of the Supreme Court were heard on November 1st, 2012.  Bailey v. United States  The narrow issue that the Supreme Court is deciding is whether an individual can be detained by the police merely because he recently left a residence before the police executed a search warrant at that location.  Sounds like a no brainer, doesn’t it?   Continue reading “The Watering Down of the Fourth Amendment” →

Academia, Courts, Criminal law, Justice, Lawyering, Society, Uncategorized

The Department of Justice Sues Mississippi…Again!

Respectfully submitted by Lawrence Rafferty (rafflaw)- Guest Blogger

I guess I should not be surprised that the State of Mississippi is once again in the news because the Federal Government has filed a Civil Rights lawsuit against it.  The Department of Justice has filed a suit against the State of Mississippi, and the City of Meridian, along with the county and various state agencies, alleging that the defendants have worked to operate a “school to prison” system that allegedly violated the rights of African-American students and students with disabilities.  Continue reading “The Department of Justice Sues Mississippi…Again!” →

Courts, International, Politics, Society, Things That Tick Me Off, Uncategorized

Did Romney Profit from the Auto Bailout?

Respectfully submitted by Lawrence Rafferty (rafflaw)- Guest Blogger

If he said it once, Mitt Romney has said it a thousand times.  President Obama should have let GM and Chrysler go bankrupt instead of “bailing” them out. (paraphrased)  Of course, the discussion usually revolves around how Unions allegedly made out like bandits in the bailout to the detriment of the country and our economy.  What has been selectively left out of the discussion was the role played in the bailout by vulture capitalists in reaping an enormous profit from the bailout.  According to Greg Palast, the bailout created an opportunity for the vultures to swoop in and make huge profits.   All at tax payer expense! Continue reading “Did Romney Profit from the Auto Bailout?” →

Congress, Constitutional Law, Courts, Free Speech, Justice, Lawyering

Abdullah al-Kidd and the FBI

Respectfully submitted by Lawrence Rafferty (rafflaw)-Guest Blogger

In a case that didn’t receive too much publicity, the federal district court in Idaho recently struck a blow against the FBI’s misuse of the material witness statute which is designed to allow for the government to arrest and detain witnesses who will be used to testify in court cases against third parties.  The case in question involved a United States citizen who converted to the Muslim faith during college and was arrested, detained and abused in jail in 2003.  The man in question was born in Kansas and was a college football star and his name is Abdullah al-Kidd. Continue reading “Abdullah al-Kidd and the FBI” →

International, Military, Politics, Things That Tick Me Off, Uncategorized

“Why Are We Killing Kids That Don’t Need to Die?”

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

A short time ago, our country and its military reached a sad milestone in the war in Afghanistan. We have now lost 2,000 members of our military during our almost 12 year war in Afghanistan.  In light of that sad news, a Republican Congressman, Rep. Bill Young of Florida, received a letter from an Army soldier on his third tour in Afghanistan that caused him to change his mind about our continuing involvement in Afghanistan.  That soldier, Staff Sgt. Matthew Sitton wrote the letter to the congressman, shortly before he and a comrade were killed by an IED that journalist Bill Moyers recently discussed. Continue reading ““Why Are We Killing Kids That Don’t Need to Die?”” →

Criminal law, Justice, Media, Politics, Uncategorized

Deja Vue in Florida?

Respectfully submitted by Lawrence Rafferty (rafflaw)- Guest Blogger

It seems that trouble is brewing again in the State of Florida since election officials have discovered suspicious voter registration forms in at least 10 Florida counties.  “Florida elections officials said Friday that at least 10 counties have identified suspicious and possibly fraudulent voter registration forms turned in by a firm working for the Republican Party of Florida, which has filed an election fraud complaint with the state Division of Elections against its one-time consultant.”  LA Times  Continue reading “Deja Vue in Florida?” →

Congress, Constitutional Law, Courts, Free Speech, Justice, Politics, Religion, Supreme Court, Uncategorized

Pastors Take on the IRS

Respectfully Submitted by Lawrence Rafferty (rafflaw)-Guest Blogger

In light of the ever-increasing influence on National and local politics by churches and clergy, I was interested in the recent news that over 1,000 churches will be challenging the IRS by telling their parishioners who they want them to vote for in the upcoming national elections.  The event is dubbed “Pulpit Freedom Sunday” by its organizers and it is designed to challenge the IRS on its prohibition of churches from intertwining politics and religion, as a requirement of maintaining their tax-free status. Continue reading “Pastors Take on the IRS” →

Congress, Constitutional Law, Courts, Criminal law, Justice, Lawyering, Society, Things That Tick Me Off

Privatizing the District Attorney?

Respectfully submitted by Lawrence Rafferty (rafflaw)-Guest Blogger

I have to admit that I do not shock too easily.  However, when I read an article this morning in the New York Times, I was taken back by the news.  It seems that private debt collection companies across the United States have partnered with District Attorneys offices, to use the threat of criminal charges being filed against consumers in attempts to collect on alleged bounced checks to merchants.  The fact that people were being threatened by collection companies did not surprise me.  It was the fact that the veiled threats to the consumers were sent on District Attorney or Prosecutor letterhead that amazed me!  Continue reading “Privatizing the District Attorney?” →

Congress, Justice, Politics, Society

Who Really Creates Jobs?

Respectfully submitted by Lawrence Rafferty (rafflaw)- Guest Blogger

We have heard for years now that the wealthy and corporations need their tax cuts because without them jobs will not be created and the economy could fall back into recession. I guess I first heard of this concept during the Reagan years with the so-called “trickle down” economics.  The claim that economic benefits and improvements trickle down from the very wealthy to the middle class and the poor was one that helped ride Reagan into office and continues to be claimed by some as the way out of recession.  Indeed, the Republicans, since the George W. Bush administration have been insistent that the tax cuts for the wealthy are the key to promote increased employment for the country.

It is time that we look deeper into the claim that lowering taxes for the wealthy and for corporations will actually increase employment and separate the truth from fiction.  “Based on IRS figures, the richest 1% nearly tripled its share of America’s after-tax income from 1980 to 2006. That’s an extra trillion dollars a year. Then, in the first year after the 2008 recession, they took 93% of all the new income.  Wealth is even more skewed. The richest 10% own 83% of financial wealth, which they’ve skillfully arranged to be taxed at just 15%, ostensibly because they pump that money back into job-creating ventures.”  Common Dreams   Continue reading “Who Really Creates Jobs?” →

International, Justice, Military, Politics

Dealing With Iran and Reality

Respectfully submitted by Lawrence Rafferty (rafflaw)-Guest Blogger

We have heard a lot lately from politicians of many stripes claiming that Iran must be stopped at any cost and that their Nuclear program is already a “clear and present danger” to Israel and its allies in the West.  We have had visitors to this site claim that Iran is already a nuclear threat and the Iranian nuclear facilities must be taken out now to protect Israel and our interests in the Middle East.  With that drumbeat of an alleged need to attack Iran, I thought it was especially interesting that the Chairman of the Joint Chiefs of Staff seems to be against the idea of a unilateral strike against Iran, by any country.  Including Israel! Continue reading “Dealing With Iran and Reality” →

Congress, Justice, Politics, Religion, Society

Did the Koch Brothers Just Buy a Vice President?

Respectfully submitted by Lawrence Rafferty (rafflaw)- Guest Blogger

In light of Elaine’s excellent discussion of the radical voting record of Mitt Romney’s Vice Presidential pick, Rep. Paul Ryan of Wisconsin, I got to thinking just why would Romney pick such a radical Congressman to be be his Vice President? I understand that Mr. Romney would want an individual who has conservative credentials to improve his standing within his own adopted party and within the Tea Party.  But Mr. Ryan has serious baggage with his now infamous Ryan Budget that attacks the middle class and the poor, all for the purpose of retaining and enlarging tax cuts for the wealthy. Why would Mitt take on Ryan’s baggage when he is facing challenges on his lack of transparency on his tax returns?

It seems that the answer to those questions may all relate back to the Koch Brothers and the princely sum of $100 Million dollars!

Continue reading “Did the Koch Brothers Just Buy a Vice President?” →

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

Sheriff Joe’s Office Lies Again

Respectfully submitted by Lawrence Rafferty (rafflaw)- Guest Blogger

If you ever wondered why the Justice Department is investigating the office of Maricopa, Arizona Sheriff Joe Arpaio, this latest story may be all you need to read.  Recently, the Maricopa Sheriff’s office arrested and detained Briseira Torres and alleged that she was an illegal alien.  Why is this one arrest such an important story?  The short answer is that Sheriff Joe’s office and possibly the Prosecuting attorney ignored the most credible exculpatory evidence that was already in their possession.  Briseira’s long form Birth Certificate, attested to by the State of Arizona as accurate, was left out of the record provided to the Grand Jury!  Continue reading “Sheriff Joe’s Office Lies Again” →