Low tar will finally go to the high court. The Supreme Court has added a case, Altria Group Inc. v. Good, that will finally result in a review of the recent cases brought around the country against low tar cigarette companies. It represents one of the most significant areas of liability for the tobacco industry after weathering the multistate settlement and various class action lawsuits seeking hundreds of billions of dollars. Continue reading “Low Tar Goes to High Court”
Category: Congress
It appears that the Fourth Circuit may remain with five vacancies until the next president. Richmond lawyer E. Duncan Getchell Jr. has withdrawn his name from consideration after a long controversy and objections from key senators. Continue reading “Fourth Circuit Nominee Getchell Withdraws Name for Court Under Continuing Controversy”
For weeks, there has been a concerted effort in both Congress and the White House to contain the scandal over the CIA torture tapes, while giving the impression of a serious effort to investigate. This week’s House Intelligence hearing seemed to confirm the worst suspicions along these lines as both Democrats and Republicans offered a rogue employee theory to explain the destruction — and in the process, relieve themselves and the Administration of serious blame. Continue reading “The Spin Begins: House Leaders Offer Rogue Employee Theory for CIA Torture Tape Destruction”
With little attention in the media, the Justice Department has filed papers in federal court arguing that the CIA did not have an obligation to preserve the infamous torture tapes and therefore was lawfully entitled to destroy them. The filing patently demonstrates the conflict of interest in Attorney General Michael Mukasey insisting that the Justice Department investigate the possible criminal conduct in the matter. Now, the Justice Department is not only investigating itself, but it is investigating a crime that it has rejected as baseless in court filings. The ACLU case has also shown that other officials were aware of the tapes, including the CIA Inspector General’s Office — which means that the agency “watchdogs” knew of a torture program – a clear criminal enterprise – and did nothing. Continue reading “Justice Department Argues in Court that CIA Did Not Have to Preserve Torture Tapes While It Continues to “Independently Investigate” That Very Crime”
With states and citizens objecting, the Congress and the Bush Administration have moved ahead to require a national identification card — abandoning decades of opposition to such a system on civil liberties grounds. I testified against this proposal when it was first made in the immediate aftermath of the 9-11 attacks. What is truly remarkable is that the REAL ID has become little more than an excuse to do something that the Bush Administration has been trying to do for years: create interlocking databases on citizens. Continue reading “Your Papers Please: The United States Adopts a National ID Card And Abandons Priniciples”
Given the controversy over the new national identification card and government sharing of files on citizens, this prior column on the work of DARPA to achieve “total transparency” in society may be of interest. Continue reading “DARPA and the Administration’s Plan for “Total Transparency” in a Fishbowl Society”
In November 2001, I testified against the national identification card proposal when it was first made in Congress. Below is the oral testimony from that hearing before the House Government Reform Committee, Financial Management and Intergovernmental Relations Subcommittee on Nov. 16, 2001: Continue reading “National Identification Card Testimony”
While politicians have been unable to reach consensus on the war, civil liberties, and the environment, members were eager to act on a national crisis a few years ago: French people eating American horses. Members passed legislation to ban the slaughter of American horses destined for French tables. However, it now appears that the legislation has merely led to horses being forced into a grueling transports to the Canadian and Mexican borders for slaughter. Continue reading “Prohibitions on Horse Meat Industry Lead to Cruel Unintended Consequence”
Given the recent controversy over horse slaughter houses in Mexico, this prior column on the intervention of Congress into the world of horse meat may be of interest. Continue reading “Horsing Around in Congress: The Senate Seeks a Ban on the Slaughter of American Horses for Human Consumption”
A three-judge panel on the D.C. Court of Appeals appear ready to declare a film on Hillary Clinton to be cleverly disguised campaign advertising, including Judge Royce Lamberth who started to call the arguments of the conservative film maker “ridiculous” in open court. The case, however, is an interesting one due to the lack of a clear test on how to determine if a film is an advertisement or a true film in a campaign year. The film, “Hillary: The Movie,” may have to comply with campaign advertising rules that would restrict its exposure in some media and even require a warning. Probably the worst penalty would be the need for the filmmakers to reveal the sources of their financial support — opening up the shadowy finances of such partisan efforts by both democratic and republicans groups. Continue reading “Federal Judges Suggest that Anti-Clinton Film is Political Advertising and Could Fall Under Disclaimer and Disclosure Rules”
Jose Rodriguez, the man who ordered the destruction of the CIA torture tapes, has retained D.C. lawyer Robert Bennett and has demanded that he be given a grand of immunity by Congress before he testifies. It is a move that could practically cripple any prosecution, as shown by the Oliver North case. Continue reading “Visions of Oliver North: Jose Rodriguez Demands Immunity as Condition for Congressional Immunity in CIA Torture Scandal”
As discussed in prior entries, Senator Larry Craig is arguing that his guilty plea is invalid because the underlying conduct cannot be a crime. While the odds are against him, the argument has merit. Continue reading “Craig Challenges Conviction Claiming Hand Signals are Protected Speech and Conduct was Victimless”
Sen. Mary Landrieu (D-La.) has been accused of trading a $2 million earmark in exchange for $30,000 in campaign contributions from Voyager Expanded Learning. Landrieu denies the allegations. However, at a minimum, the scandal should refocus attention on the utter failure of the Democrats to keep their pledge to clean up Congress. Regardless of the merits of these allegations, one obvious question should be why senators are forcing such contracts on the D.C. government or any governmental agency. at a fundraiser held by Voyager’s founder and chairman. Continue reading “Sen. Mary Landrieu Accused of Trading Earmarks for Campaign Contributions”
For those who vaguely remember promises that Democrats would clean up Congress, they might want to look at West Virginia which is dumping ground for $3 billion in earmarks by Sen. Robert Byrd. What is astonishing is that establishment politicians are still scratching their heads over why upstarts like Obama, Huckabee, and Paul are doing so well. They might want to look at the litany of broken promises made by those “with experience” in Washington. Continue reading “Byrd Racks Up $3 Billion in Earmarks — So Much For Budget Reform”
In a curious lawsuit, accused terrorist Jose Padilla has sued Law Professor John Yoo. Yoo is the supposedly one of the authors of several memos supporting President Bush’s enemy combatant policy and has been linked to the abuse that resulted from that policy. Yoo and Georgetown Professor Viet Dinh have been criticized for their roles in creating these abuses that include a formal torture program and the denial of basic constitutional rights. Continue reading “Accused Terrorist Jose Padilla Sues Law Professor John Yoo”