Category: Congress

Congress, Courts, Criminal law, Justice, Lawyering, Politics

Crime Does Pay for Banksters

755px-Jamie_Dimon,_CEO_of_JPMorgan_Chase

Respectfully submitted by Lawrence E. Rafferty-Weekend Blogger

In the past we have discussed the allegedly illegal and fraudulent practices of the Big Banks that helped bring the economy into Recession, but until now, we have not seen such a blatant example of how it pays for Big Banks to break the rules and get ahead at the same time.  As you may recall, JP Morgan Chase Bank recently agreed to a $13 Billion dollar settlement with the Justice Department for allegedly defrauding customers.  That sounds like a big number, but that was only part of the total fines and penalties JP Morgan Chase was liable to pay in 2013 due to its less than honorable business practices.

It may surprise you that after agreeing to the $13 Billion settlement and having to pay other large fines, the CEO of Chase is getting a big raise. An $8.5 Million dollar raise! Continue reading “Crime Does Pay for Banksters” →

Congress, Constitutional Law, Lawyering, Media, Politics, Society

Oversight Board: NSA Program Is Unlawful And Shows No Evidence Of Preventing Terrorism

NSA logo smallPresident_Barack_ObamaYesterday, the Privacy and Civil Liberties Oversight Board released a report concluding that the National Security Agency’s massive surveillance program is “illegal and largely ineffective.” The report agrees with a prior federal court ruling that the program is facially unconstitutional. President Obama continues to defend the program and refuse to end it. What is most notable is, like the earlier federal court, the board found no evidence of the program being used to prevent a single terrorist attack despite statements from the Administration claiming the contrary. Civil libertarians are often opposed by people claiming such success of classified programs. However, now a federal judge and a board with access have debunked such claims.

Continue reading “Oversight Board: NSA Program Is Unlawful And Shows No Evidence Of Preventing Terrorism” →

Congress, Society

Tax-Free “Charity” NFL Paid $29.5 Million To Commissioner And Only $2.1 To Charity

125px-National_Football_League_2008.svg220px-Roger_Goodell_at_Super_Bowl_43There has long been a controversy over the tax-free status of the National Football League, which racks in massive profits while claiming to be a charity. The latest figures will only deepen that controversy. In 2012, the NFL gave only $2.3 million to charity and virtually all of that went to the NFL Hall of Fame. In the meantime, it gave NFL commissioner Roger Goodell $29.5 million for what many consider the greatest – and easiest — job in the world. Through creative bookkeeping, the NFL is also claiming to be actually in the red by some $316 million.

Continue reading “Tax-Free “Charity” NFL Paid $29.5 Million To Commissioner And Only $2.1 To Charity” →

Congress, Constitutional Law, Courts, Criminal law, Lawyering, Politics, Society, Supreme Court

Supreme Court Takes Up Major Case On The Limits Of Restitution

Supreme CourtToday, the Supreme Court will consider a case that has not attracted national attention but remains in my view one of the most important of the term, a classic “sleeper” case where the legal issues have sweeping potential. The case involves Doyle Randall Paroline, who pleaded guilty in Texas in 2009 to possessing child pornography. He downloaded hundreds of images and two were found to be child pornography dedicating the abuse of Amy. After pleading guilty, Paroline was hit by $3.4 million in restitution damages for Amy even though he had no role in her victimization nine years earlier or any role in the production or distribution of the two photos. The United States Court of Appeals for the Fifth Circuit found that the federal restitution law does not require “proximate causation” — a critical limitation in torts and criminal law that ensures that liability is confined to those parties immediately responsible for injuries. I have criticized the expansion of restitution in this area for years and I spoke with NPR’s On The Media on the case.

Continue reading “Supreme Court Takes Up Major Case On The Limits Of Restitution” →

Bizarre, Congress, Military, Politics

United States Air Force Spends $1 Billion On Software System Now Declared Utter Failure

210px-Seal_of_the_US_Air_Force.svgWe have been discussing how the U.S. military continues to waste billions with little accountability for failed programs or unneeded equipment. This includes tens of billions wasted in our ongoing wars. Much of this waste or lost resources has been covered up by intentional accounting tricks. No one appears to be disciplined, let alone fired, for billions of lost money and over-charges. And the beat goes on. The Senate Armed Services Committee has decided to actually investigate waste and is looking into a failed $1 billion software project for the U.S. Air Force that was implemented by Defense Secretary Leon Panetta. It was scrapped after it was disclosed that we would have to spend an additional $1.1 billion just to fix the unused system.

Continue reading “United States Air Force Spends $1 Billion On Software System Now Declared Utter Failure” →

Congress, Criminal law, Free Speech, International, Justice, Media, Politics, Society

Did Edward Snowden Receive Help From A Foreign Government or is The U.S. Government Alleging He Did To Discredit Him?

By Darren Smith, Weekend Blogger

Congressional SealRecently, several high ranking members of the U.S. Congress have made public statements voicing proffering NSA Whistleblower Edward Snowden might have had assistance from a foreign power, namely Russia. The announcements have been contemporaneous with President Obama’s speech about the NSA and reforms he proposes. While it has not been proven decisively if Edward has or has not one has to wonder what the intentions of such announcements by Congress are and if these announcements are consistent with others who have been alleged to be acting at the behest of foreign powers and if this is more propaganda than standard counter-intelligence practices.
Continue reading “Did Edward Snowden Receive Help From A Foreign Government or is The U.S. Government Alleging He Did To Discredit Him?” →

Congress, Courts, Criminal law, Free Speech, Justice, Lawyering, Media, Politics, Uncategorized

War on the Poor

220px-DorotheaLangeMigrantWorkersChildren

By Lawrence E. Rafferty, (rafflaw) Weekend Blogger

We have all heard of the so-called War on Drugs and the recently maligned War on Poverty, but I submit that the real war we should be worried about is the War on the Poor of this country.  The War on Drugs has not done much to stop the use of illegal drugs and the recent legalization of the sale of marijuana in Colorado may be a small step in the direction of ending the War on Drugs which has only succeeded in jailing thousands on minor drug offenses.  The African-American community has been especially hard hit by this failed attempt to end the use of illegal substances.

However, the War on the Poor is in full swing and seems to be succeeding.  One only has to look at the Farm Bill which is set to cut the SNAP program by anywhere between the $4 Billion in the Senate version and the $40 Billion in the House version.  At a time when this same Congress is refusing to extend unemployment compensation, they are attempting a monumental double whammy by cutting the ability of the needy to survive by cutting Food Stamps.  Continue reading “War on the Poor” →

Academia, Animals, Bizarre, Congress, Constitutional Law, Courts, Criminal law, Environment, Free Speech, International, Justice, Lawyering, Media, Military, Politics, Religion, Science, Society, Supreme Court, Torts

In Memory Of David Blair Drumm, 1948-2013

Last available picture of David from 2012
Last available picture of David from 2012
It is with the greatest personal sadness that I have to report the death of a cherished member of our blog family. David Blair Drumm passed away on December 18, 2013 in Austin, Texas. David was there at the very beginning of this blog and remained one of its staunchest supporters. Through the years, David was a rock who not only brought reasoned and calm analysis to posts but also to the management of the blog. He started as a regular commentator under the name “Nal” and I then invited him to write on the weekends. He played the role of editor as well as writer. (Indeed, I am worried about this memorial since David often caught the many typos that I would leave in early morning postings). I came to trust him absolutely in his judgment and analysis. I considered him a good friend and one of the most important influences on this blog. David wrote as a Weekend Blogger for years, sharing his insights into religion, politics, and his always popular “Find the Kitteh” contest. Our success is due in no small part to David Drumm and this blog, I hope, will remain a testament to his work and his memory. To that end, we are dedicating the entire blog today to David and his work. He was a brilliant electrical engineer, a profound writer, a passionate civil libertarian, and most importantly a fierce and loyal friend to our blogging community. Continue reading “In Memory Of David Blair Drumm, 1948-2013” →

Bizarre, Congress, Constitutional Law, Politics

Feel The Difference: Al Franken Finds One Surveillance Program He Can Denounce

Sen. Al Franken (D-Minn.)
Sen. Al Franken (D-Minn.)
UnknownAfter outraging many civil libertarians for his attacks on Edward Snowden and support of the Obama surveillance programs, Sen. Al Franken (D-Minn.) has finally called for answer on the tracking of citizens . . . by Ford Motor Company.

Continue reading “Feel The Difference: Al Franken Finds One Surveillance Program He Can Denounce” →

Congress, Constitutional Law, Courts, Politics, Society, Supreme Court

Supreme Court Takes Up Challenge To Obama’s Appointment Authority

Supreme CourtPresident_Barack_ObamaRecently, I testified on the concentration of authority in the Executive Branch and an array of unconstitutional acts committed by President Barack Obama in the circumvention of Congress. For prior columns, click here and here and here and here. One of the key areas discussed in my testimony was the President’s abuse (in my opinion) of his recess appointments power. I have two law review articles out on the issue. See Jonathan Turley, Recess Appointments in the Age of Regulation, 93 Boston University Law Review ___ (2013) and Jonathan Turley, Constitutional Adverse Possession: Recess Appointments and the Role of Historical Practice in Constitutional Interpretation, 2103 Wisconsin Law Review ___ (2013). Now the issue is to be heard today by the Supreme Court in Noel Canning v. NLRB, No. 12-1115.

Continue reading “Supreme Court Takes Up Challenge To Obama’s Appointment Authority” →

Congress, Constitutional Law, Courts, Criminal law, Free Speech, International, Justice, Lawyering, Media, Politics

Whistlebowers Past and Present

136px-US-FBI-ShadedSeal_svg

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

In recent weeks and months, we have all heard and read the many articles and stories about the whistleblower Edward Snowden and his disclosure of enormous amounts of NSA “secrets”.  His disclosures have exposed what the NSA was really doing, which is spying on practically every American’s metadata online and on the phone.  His disclosures have also put on display what happens to a “whistleblower” in this day and age.  He has been forced to flee his home country and is currently living in exile in Russia.

Just what were his crimes that made him fear for his safety and raised doubts as to whether he would ever be given a fair trial for his alleged disclosures of secret material and programs?  He did what any good American should do and that is expose illegal or immoral governmental activities and allow the American public to decide whether its government is acting legally and fairly. Didn’t he?

You may think his disclosures were an unprecedented example of a citizen uncovering and disclosing government programs designed to, at best, skirt the line of legality by spying on Americans, but you would be wrong. Continue reading “Whistlebowers Past and Present” →

Congress, International, Military, Politics, Society

Perpetual War And America’s Military-Industrial Complex 50 Years After Eisenhower’s Farewell Address

220px-Eisenhower_in_the_Oval_Office220px-B-2_spirit_bombingBelow is my article this weekend in Al Jazaerra on the powerful lobby and industry supporting our various conflicts abroad as well as counterterrorism efforts. I previously testified before Congress on this industry and the government’s inflation of counterterrorism numbers to justify huge domestic budgets at the Justice Department FBI, and other agencies. I wrote the article for the anniversary this month of Eisenhower’s famous Military-Industrial Complex speech.

Continue reading “Perpetual War And America’s Military-Industrial Complex 50 Years After Eisenhower’s Farewell Address” →

Bizarre, Congress, Criminal law, Justice, Politics

Notes From America’s Animal Farm: Clapper Now Did Not Lie But Was Confused And Shocked

Robert-Litt220px-James_R._Clapper_official_portraitThe Obama Administration continues to struggle with questions of why it has blocked any investigation, let alone prosecution, of James Clapper (right), director of National Intelligence, who previously acknowledged lying before the Senate. Not only has Clapper not been fired, but Obama has asked him to help oversee the “reforms” of the very abusive program that he helped run and then lied about to Congress. It is part of America’s Animal Farm where government officials can commit crimes with impunity while pursuing others like Snowden for arrest. Yet, the questions persist about Clapper so the Administration sent forth National Intelligence general counsel Robert Litt (left), who promptly made it far worse.

Continue reading “Notes From America’s Animal Farm: Clapper Now Did Not Lie But Was Confused And Shocked” →

Congress, Constitutional Law, Courts, Criminal law, Politics

NSA Refuses To Confirm That It Has Not Spied On Congress While Secret Court Renews Massive Surveillance Program

NSA logo smallBernieSandersSen. Bernie Sanders asked the National Security Agency (NSA) a question that one would have thought would be easy to answer: has the NSA spied on Congress with its massive surveillance programs? The answer that came back was chilling in what it did not say. The NSA would only assure Sanders that it has “the same privacy protections as all U.S. persons.” That must be a bit unnerving for Congress since it has allowed the NSA to strip citizens of the most basic privacy protections.

Continue reading “NSA Refuses To Confirm That It Has Not Spied On Congress While Secret Court Renews Massive Surveillance Program” →

Congress, International, Military, Politics

Nine Years After U.S. Took Fallujah, Al Qaeda Retakes The City

300px-thumbnail220px-Defense.gov_News_Photo_041108-M-8205V-003Many of us on this blog have been critical of the Iraq war from the outset as a war based on a false claim by the Bush Administration and then perpetuated by political cynicism by both Democratic and Republican leaders who did not want to be accused of “losing” the war. The costs were paid by soldiers and taxpayers in a war where the U.S. was often openly opposed by government figures and demonized in many parts of the country. It was clear that we were propping up a government that could not maintain order or loyalty across the country. Now, shortly after our withdrawal of combat troops, one of the most costly “victories” of the war — Fallujah — has been retaken by Al Qaeda as militants threaten additional takeovers in the country. Despite this history, members of Congress are already complaining that we should have continued the ground war longer at the cost of more American lives and billions of dollars.

Continue reading “Nine Years After U.S. Took Fallujah, Al Qaeda Retakes The City” →