Category: Congress

Congress, Constitutional Law, Politics, Society

Your Rights Under Attack: What A Difference 100 Miles Makes

Stock Photo of the Consitution of the United States and Feather Quillby Gene Howington, Guest Blogger

We are all aware of and concerned about the steady erosion of our civil rights at the hands of ever overreaching Federal government. It is a topic that brought many of us to this blog and a topic that draws more audience every day. The latest victim of tyranny is the 4th Amendment. The 4th Amendment to the U.S. Constitution reads:

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.”

Seems pretty straight forward.  However, the DHS has apparently decided to void the Constitution if you live within 100 miles of the U.S. border. Your electronics may be seized and your data searched if you live or are travelling within 100 miles of the border. This is not a new story. This policy has been known since 2008.  From the beginning there were calls for Congress to reign in the overreach of the the Department for Reich, er, Homeland Security that went unheeded. Most of the calls were for residential traveller exemptions. However, there are new developments. This draconian policy, neglected by Congress, has been unilaterally declared just fine and dandy by the DHS itself in yet another example of the Executive unilaterally claiming unconstitutional powers over citizens with their only check being their own rubber stamp. This policy not only vitiates the 4th Amendment, but has implications for the 1st and 14th as well.

Continue reading “Your Rights Under Attack: What A Difference 100 Miles Makes” →

Academia, Congress, Constitutional Law, Courts, International, Justice, Media, Politics, Religion, Science, Society

The Most Important Human Rights Issue: Women

Submitted by: Mike Spindell, guest blogger

Sometimes an idea hits me leading to an epiphany. Epiphanies for me usually take the shape of the realization that a Woman_Montage_(1)belief I’ve held for a long time, is actually more important in the scheme of things than I had previously thought about. This happened with me some few years ago when the opposition to gay marriage defeated a voter initiative. I had been a believer in the need for equality for Gay men and women since I was a teenager. After all the bullies who were beating me up kept calling me a “fag, or “queer” and while I wasn’t, I got insight into what it must be like to be homosexual. In life you have the choice of identifying with the bully, or those who are bullied. I’ve always chosen the latter. So as a young adult I cried tears of joy when “Stonewall” happened and the police found that Gays would no longer be easy targets. Working for NYC’s Human Rights Administration and then living in Manhattan gave me the privilege of meeting and befriending Gay people of both sexes. When AIDS hit the scene I had many friends die and I worked to help the Division of Aids Services as a Budget Director. Yet while I always completely supported LGBT rights, for a while I believed the focus on Gay Marriage, shouldn’t be in the forefront of the movement. The argument over Proposition 8 in California http://en.wikipedia.org/wiki/Proposition_8  gave me an epiphany that led me to see that not only was the right to marriage an essential part of ensuring the Constitutional Rights of Gay people, but it was the key element. Being unable to assist in the health care choices of long term partners, in some cases even being barred from the funerals, or participating in ones’ partners Health Plan are important Constitutional issues and the essence of the battle. Continue reading “The Most Important Human Rights Issue: Women” →

Congress, Criminal law, Politics

TOAST?

220px-Robert_Menendez,_official_Senate_photo220px-DryToastThe allegations against Senator Robert Menendez have moved to a point of no return in my view. Menendez has been accused of liaisons with underage girls on trips arranged by a wealthy campaign donor and friend. He denies the allegations. However, in my view, he should lose his seat over a confirmed fact: he accepted $60,000 in travel benefits from the wealthy donor who benefited from legislative action by Menendez. Menendez recently paid back the money, but it required him to liquidate as much as 87 percent of his personal wealth — making the benefit even more significant to the Senator.

Continue reading “TOAST?” →

Congress, Constitutional Law, International, Politics, Society

DOJ Memo: Obama Administration Claims Broader Authority To Kill Americans

PresObamaWe have previously discussed the President’s “kill list” policy under which Obama claims the right to be able to kill any American based on his sole judgment and discretion. A confidential Justice Department memo now sheds more light on that policy and states a broader basis for such killings than previously suggested by the Administration. It is also not clear why this memo was kept secret by the Administration since it deals only with legal interpretations — not classified operational information.

Continue reading “DOJ Memo: Obama Administration Claims Broader Authority To Kill Americans” →

Academia, Congress, Constitutional Law, International, Justice, Media, Military, Politics, Society

Why “They” Hate Hagel and American Mythology

Submitted by: Mike Spindell, guest blogger

Chuck_Hagel_official_photoFormer Senator Nebraska Chuck Hagel has been nominated by President Barack Obama as Secretary of Defense. Conventional wisdom would no doubt be that Hagel would have an easy path to the position. Hagel, a twice wounded Viet Nam War Sergeant and self-made millionaire, was elected to the Senate in 1996. His charismatic personality and blunt talk allowed Hagel to rise quickly within the Senate Republican hierarchy and his voting record was considerably conservative. He had a “a lifetime rating of 84 percent from the American Conservative Union and consistent A and B grades from the National Taxpayers Union “ http://en.wikipedia.org/wiki/Chuck_Hagel Initially had few misgivings about attacking Iraq, but supported the war and George W. Bush’s prosecution of it. By 2007 though, Hagel’s misgivings had turned into opposition to the war and he was one of three Republican Senators who voted for a failed resolution that would have ordered the withdrawal of American Troops within 120 days. Chuck Hagel’s clarity on Iraq extended to opposition to the morass in Afghanistan as well. Continue reading “Why “They” Hate Hagel and American Mythology” →

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

The War on Women Continues in Ohio

Flag_of_Ohio_svg

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

Last week we read Prof. Turley’s article concerning a bill proposed in New Mexico that attempts to make it unlawful for a rape victim to have an abortion because it would be akin to destroying the “evidence” of the rape claim.  While that bill is an insult to women and right thinking men everywhere, I submit that it is further evidence that the longest “war” on record, is still going strong in this country.  One of the most controversial examples of how women in general and rape victims in particular,  can be turned into the criminals by the public and even the police and prosecution is the case of an alleged gang rape in August, 2012,  in Steubenville, Ohio.

The victim was a 16-year-old girl who after passing out at a party from drinking and/or date rape drugs was allegedly repeatedly raped and abused by members of the Steubenville Big Red football team. The details of what the victim endured are both heartbreaking and disgusting.  I apologize in advance for the lurid details, but they are necessary to fully understand how egregious the attacks were and how egregious the post crime attacks on the victim and her family were. Continue reading “The War on Women Continues in Ohio” →

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

Carmen Ortiz: Prosecution for Political Ego?

Submitted by: Mike Spindell, guest blogger

HK_Central_Statue_Square_Legislative_Council_Building_n_Themis_sOne of the main concerns we Americans should have is about the state of our criminal justice system. How a society deals with the issue of criminality is one of the ways that we all can judge its freedom from oppression. This country has been selling our “democracy” to the world for 8 decades now as an example of how a modern nation should operate. Continue reading “Carmen Ortiz: Prosecution for Political Ego?” →

Congress, Constitutional Law, Courts, Politics, Society

Court Rules Obama Appointments Violated The Constitution

PresObamaA year ago, I testified in Congress that the recess appointments of President Barack Obama were unconstitutional. Those four appointments by President Obama included Richard Cordray, who had been denied confirmation to a consumer protection board in a Republican filibuster. While I liked Cordray, I testified that the appointments were in my opinion clearly unconstitutional. The D.C. Circuit has now agreed with that view and the panel unanimously ruled that Obama violated the Constitution with his circumvention of Congress.

Continue reading “Court Rules Obama Appointments Violated The Constitution” →

Bizarre, Congress, Constitutional Law, Criminal law, Politics, Society

New Mexico Legislator Introduces Bill To Make It A Crime of “Destroying Evidence” For A Rape Victim To Get An Abortion

HBROWNew Mexico Rep. Cathrynn Brown (R) has introduced House Bill 206, a bill that would make it a crime a rape victim to get an abortion as destruction of evidence of a crime. Brown is a lawyer and a member of the judiciary committee. She is also an ardent pro-life legislator who has made eliminating abortion (and “debunking” global warming) a mission. and, after a national outcry, says that the bill was poorly drafted will be changed to address the public concerns.

Continue reading “New Mexico Legislator Introduces Bill To Make It A Crime of “Destroying Evidence” For A Rape Victim To Get An Abortion” →

Bizarre, Congress, Constitutional Law, Criminal law, Politics, Society

NFL Crushes Indiana Man Who Claimed Ownership Of “Harbowl”

FirstfootballgameWe have previously discussed how Congress and the White House have yielded to demand for increasing copyright and trademark restrictions, including criminal prosecutions of ordinary citizens. One of my longest complaints is how people and businesses now claim ownership of common symbols and phrases. (here and here). This week we have two parties in a fight to claim trademark over a common expression. Roy Fox of Pendleton, Indiana secured a copyright to the term “Harbowl” last year to make money off of a Superbowl with the Baltimore Ravens under coach John Harbaugh and San Francisco 49ers under coach Jim Harbaugh. He was then muscled out of his trademark by NFL lawyers claiming to own the term “Superbowl.”

Continue reading “NFL Crushes Indiana Man Who Claimed Ownership Of “Harbowl”” →

Columns, Congress, Constitutional Law, Media, Politics

The Obama Inauguration: A Case Of Hope Over Experience

220px-Inauguration-01-20-2009Below is my column today in USA Today on the Inauguration Speech of President Obama. Unfortunately, my family got back and reported that the Jumbotron or giant screen was malfunctioning so they missed the entire inauguration speech. Thousands of people were similarly deprived by whatever contractor was handling the screen — a terrible disappointment for thousands who came from all over the country.

Here is the column.

Continue reading “The Obama Inauguration: A Case Of Hope Over Experience” →

Academia, Congress, Courts, Justice, Media, Politics, Society

Obama’s Race to the Bottom

President_Barack_Obama

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

On the eve of President Obama’s Inauguration for his second term, I thought it might be useful to look more closely at one of his policies that is not working for students or parents. I am referring to his educational policy, better know by its marketing name, Race to the Top.  This “quaint” title for his corporate backed privatizing plan hides the negative impact it has had in the schools themselves.  It is has led to school closings and teacher firings for the sole purpose of school districts being eligible for  the Race to the Top grants from the Federal government!  Continue reading “Obama’s Race to the Bottom” →

Academia, Congress, Constitutional Law, Courts, Criminal law, Free Speech, Justice, Lawyering, Media, Politics, Supreme Court, Testimony, Uncategorized

America’s Broken Criminal Justice System

Submitted by: Mike Spindell, guest blogger

200px-JMR-Memphis1While I’m not a lawyer, I do write for this legal blog by the invitation of its creator Jonathan Turley. I first arrived on the scene here many years ago because since the age of ten I have had been interested in the nature of the broad spectrum of civil rights issues faced by this country. My interest became an obsession at the age of ten. My parents, who were quite liberal, allowed me to stay up way past my bedtime to watch Ed Murrow bravely attack Sen. Joseph McCarthy for his Communist Witch Hunt, by documenting the anti-constitutional excesses he used to destroy people’s lives and careers. Months later they kept me home from school to watch the Army/McCarthy Hearings which directly led to McCarthy’s downfall. On our twelve inch, black and white TV I watched this famous scene:

“On June 9, 1954, the 30th day of the Army–McCarthy hearings, McCarthy accused Fred Fisher, one of the junior attorneys at Welch’s law firm, of associating while in law school with the National Lawyers Guild (NLG), a group which J. Edgar Hoover sought to have the U.S. Attorney General designate as a Communist front organization. Welch had privately discussed the matter with Fisher and the two agreed Fisher should withdraw from the hearings. Welch dismissed Fisher’s association with the NLG as a youthful indiscretion and attacked McCarthy for naming the young man before a nationwide television audience without prior warning or previous agreement to do so:

“Until this moment, Senator, I think I have never really gauged your cruelty or your recklessness. Fred Fisher is a young man who went to the Harvard Law School and came into my firm and is starting what looks to be a brilliant career with us. Little did I dream you could be so reckless and so cruel as to do an injury to that lad. It is true he is still with Hale and Dorr. It is true that he will continue to be with Hale and Dorr. It is, I regret to say, equally true that I fear he shall always bear a scar needlessly inflicted by you. If it were in my power to forgive you for your reckless cruelty I would do so. I like to think I am a gentle man but your forgiveness will have to come from someone other than me.”

When McCarthy tried to renew his attack, Welch interrupted him:

“Senator, may we not drop this? We know he belonged to the Lawyers Guild. Let us not assassinate this lad further, Senator. You’ve done enough. Have you no sense of decency, sir? At long last, have you left no sense of decency?”

McCarthy tried to ask Welch another question about Fisher, and Welch cut him off:

“Mr. McCarthy, I will not discuss this further with you. You have sat within six feet of me and could have asked me about Fred Fisher. You have seen fit to bring it out. And if there is a God in Heaven it will do neither you nor your cause any good. I will not discuss it further.”

The gallery erupted in applause.”

The drama of this distinguished lawyer chastising one of the most powerful men in the United States and silencing his cruelty was one of the defining moments of my life. It spurred a lifelong interest in the Constitution, the Law and the rights of the American People. Today, among other ills, I believe that our American Criminal Justice System is broken. Let me explain why I believe that. Continue reading “America’s Broken Criminal Justice System” →

Congress, Constitutional Law, Courts, Criminal law, Politics, Society

What Is An Assange? Part II

turley_jonathan220px-John_Cusack_Comic-Con_2011John Cusack and I had a dialogue last year about civil liberties and other issues. John previously ran a second interview (actually half of a second interview) on Huffington Post. Huffington has now published the second half of this last interview. With the death of Aaron Swartz this month, the Assange case takes on even greater significance for many. Below is the full interview if you want to read it without edits for space.

Continue reading “What Is An Assange? Part II” →

Congress, Courts, International, Justice, Lawyering, Military, Politics, Things That Tick Me Off

KBR, Iraq and the Cost to Vets and the US

220px-Army_mil-2007-03-21-084518

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

I guess it should not come as a surprise to me anymore. However, it still upsets me to see a military defense contractor trying to deflect blame for the damages its negligence caused to members of our military while serving in Iraq or Afghanistan.  In a news item that I didn’t notice until a few days after it broke, Huffington Post reported that the defense contractor, KBR, was found negligent and responsible for the poisoning of a dozen soldiers in Iraq in 2003.  Over 800 members of both regular and reserve units were stationed at an Iraqi water treatment plant to secure it and they were exposed regularly to a dangerous carcinogen called Sodium Dichromate.  The impact on the soldiers and Guardsmen’s negligent exposure to that “extreme carcinogen” was both devastating and deadly.

“Sodium dichromate is an orange-yellowish substance containing hexavalent chromium, an anti-corrosion chemical. To Lt. Col. James Gentry of the Indiana National Guard, who was stationed at the Qarmat Ali water treatment center in Iraq just after the 2003 U.S. invasion, it was “just different-colored sand.” In their first few months at the base, soldiers were told by KBR contractors running the facility the substance was no worse than a mild irritant.  Gentry was one of approximately 830 service members, including active-duty soldiers and members of the National Guard and reserve units from Indiana, South Carolina, West Virginia and Oregon, assigned to secure the water treatment plant, according to the Department of Veterans Affairs.

Sodium dichromate is not a mild irritant. It is an extreme carcinogen. In November 2009, at age 52, Gentry died of cancer. The VA affirmed two months later that his death was service-related.  In November, a jury found KBR, the military’s largest contractor, guilty of negligence in the poisoning of a dozen soldiers, and ordered the company to pay $85 million in damages. Jurors found KBR knew both of the presence and toxicity of the chemical. Other lawsuits against KBR are pending.” Huffington Post   Continue reading “KBR, Iraq and the Cost to Vets and the US” →