Category: Congress

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

Internet Kill Switch Plan is Killed…For Now.

200px-US_Department_of_Homeland_Security_Seal_svg

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, Constitutional Law, Courts, Criminal law, Environment, Free Speech, International, Justice, Media, Military, Politics, Religion, Science, Society, Supreme Court

Selfish or Sociopath, Does It Make a Difference?

Submitted By: Mike Spindell, Guest Blogger

In recent years many studies have come out  that have made the case that a high proportion of CEO’s of major companies are sociopaths. At the end of this blog I’ll provide a number of links that discuss this, some from major conservative business magazines. We do know that from 1% to 3% of humans are sociopaths sharing all of these 10 characteristics:

#1) Sociopaths are charming. #2) Sociopaths are more spontaneous and intense than other people. #3) Sociopaths are incapable of feeling shame, guilt or remorse. #4) Sociopaths invent outrageous lies about their experiences. #5) Sociopaths seek to dominate others and “win” at all costs. #6) Sociopaths tend to be highly intelligent #7) Sociopaths are incapable of love #8) Sociopaths speak poetically. #9) Sociopaths never apologize. #10) Sociopaths are delusional and literally believe that what they say becomes truth.” http://www.naturalnews.com/036112_sociopaths_cults_influence.html

495px-Donald_Trump_by_Gage_SkidmorePaul_Ryan--113th_Congress--Mitt_Romney_by_Gage_Skidmore_7Now the problem with the definition of Sociopathy is that there can be a good deal of subjectivity in making the diagnosis, absent a clinician interviewing the subject. After all many people are charming, spontaneous, invent lies, try to dominate others and speak “poetically” and that doesn’t make them sociopaths. The subjectivity comes in trying to determine whether a given person is incapable of feeling guilt, shame, remorse and is delusional. A trained clinician may be able to do this via an intensive interview, but the nature of this disorder is such that even a trained clinician can be fooled by a sociopath. Rather than argue back and forth about the negative effects of CEO sociopaths on this society as the root of so much dysfunction, my readings this week suggest another theory that would provide a simpler explanation of why it seems that so many in this country have so little compassion and empathy for the less fortunate among us. We need not deem them sociopaths, but people who are simply removed from the misery that they inflict. The apocryphal story of Marie Antoinette’s “let them eat cake” may well characterize those who control most of this country’s wealth. It may be why some are sincere philanthropists, yet show such disdain and lack a sense of responsibility for the suffering that they cause. Let’s explore this further. Continue reading “Selfish or Sociopath, Does It Make a Difference?” →

Congress, Constitutional Law, Politics, Society

The Fix Is In: Can President Obama Grant An Effective ACA Waiver To Millions Of Disgruntled Citizens?

President_Barack_ObamaPresident Obama is taking a great deal of heat for the cancellations of millions of policies after he repeatedly told citizens that if you like your policy you could keep it. He recently apologized for what seems a classic bait and switch. However, Obama has now announced a fix that raises a more serious question in my mind. Most of us have become used to a relatively high level of dishonesty from our leaders in Congress as well as the White House. This blog has documented whoppers, even perjury, that results in little more than a shrug in today’s political system. However, the “fix” involves the President unilaterally changing that scope and timing of a law. This has been a recurring concern with this President and the rise of the “Imperial Presidency” that he has established within ever-expanding executive powers. I will be discussing this issue today on CNN.

Continue reading “The Fix Is In: Can President Obama Grant An Effective ACA Waiver To Millions Of Disgruntled Citizens?” →

Congress, International, Military, Politics

“A March To War”: Pro-Israel Members Close To Scuttling Iranian Agreement With New Sanctions

225px-BenjaminNetanyahuPresident_Barack_ObamaThe Obama Administration is in the midst of an open fight with the powerful pro-Israel lobby in Congress. Israeli Prime Minister Benjamin Netanyahu has denounced negotiations viewed as historic between the United States and its allies with Iran over its nuclear program. The negotiations have attracted international support and are viewed as a rare opportunity after the change in leadership in Tehran. Netanyahu however has called upon the pro-Israel lobby to scuttle the diplomatic efforts by imposing new sanctions against Iran. Despite that fact that new sanctions would eliminate allies and be widely viewed as evidence of bad faith by the United States, AIPAC and AJC easily pushed through the sanctions in the House and they are viewed as making strides in the Senate despite the opposition of the White House.

Continue reading ““A March To War”: Pro-Israel Members Close To Scuttling Iranian Agreement With New Sanctions” →

Congress, Constitutional Law, Courts, Military, Politics, Society

Pilots File With Supreme Court In Age Discrimination Case

The U.S. Supreme Court
The U.S. Supreme Court
Today, I filed a petition for certiorari with the United States Supreme Court in Adams v. Federal Aviation Administration. The case challenges the Fair Treatment for Experienced Pilots Act (FTEPA) under which senior pilots were stripped of their benefits, seniority, and status. The law included a poison pill provision openly drafted by the Air Line Pilots Association (ALPA) to advantage their members. The ALPA provision was inserted without the knowledge of most members by former Transportation Committee Chairman James Oberstar, a major recipient of ALPA campaign contributions and publicly called “ALPA’s man” in Congress in by the group. The odyssey of that these pilots have faced in the federal courts is a chilling story of how politicians can abuse citizens without fear of political or judicial repercussions. This is now their final appeal in a case that constitutes one of the greatest injustices that I have witnessed in my career. As for Oberstar, he continued to receive contributions ALPA members until he was finally defeated in 2011. For senior pilots, he left a legacy of arbitrary injury to families across the country as a result of his blind actions on behalf of ALPA.
Continue reading “Pilots File With Supreme Court In Age Discrimination Case” →

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

Police State America

Submitted By: Mike Spindell, Guest Blogger

Hill_Street_Blues_CastI have written some guest blogs in the past dealing with aspects of the issue of America becoming a Police State and will link to them at the end of this piece. There are so many issues that call for our concern and attention in this country today, that dealing with the entire dysfunctional state of our country becomes daunting due to the wealth of material. Finally, the stories on a given issue multiply in such a way that their effect is a realization across all political lines that enough is enough. The issue of our country’s continuing descent into a”Police State” equaling all we know of the vile systems in the USSR and the former East Germany is an issue that concerns me.. The situation is  dire and the consequences have produced not only horrible injustices, but also the many unneeded maiming and deaths of innocent individuals. Our country imprisons more people per capita than any other country in the world by far. Part of the reason for that is the “War on Drugs” an abject failure that falls most heavily upon people with low incomes and people of color. One such incident caused Professor Turley to pen two blogs this week. They were about a man falsely suspected of drug possession who had all his bodily orifices and cavities checked in the local Arizona police’s vain attempt to find evidence of guilt. None was found and the procedures were not only traumatic, but invasive. Thus the “War on Drugs” is one major contributing force to turning our country into a Police State.

Another contributing Police State factor has been the Federal Government militarizing our local police forces. I’ve written about this as well and will link at those blogs at the end as well. Somewhere along the line, certainly hastened by 9/11 it appeared a necessity to some that are police should be turned from officers of the law into a paramilitary occupying army. There is a great distinction between an officer of the law and a paramilitary trooper. An officer of the law the way I see it, is empowered to enforce the criminal law in ways of lawful conduct that are deemed permissible via our Constitution and Statutes.  Thus an officer of the law should be a citizen like the rest of us and in the performance of their jobs should respect the rights of the citizenry. A paramilitary trooper by definition perceives themselves operating in a hostile environment and so everyone in that environment that is not of their army is a potential “hostile”. This unerringly begets a certain level of brutality when dealing with the populace, because from a paramilitary perspective people are presumed guilty, until they are proven innocent. We have seen and I have documented in guest blogs that vast sums of money have come in from the Federal Government to help create paramilitary SWAT teams. Once created, the uses for these teams multiply far beyond their original purpose, because having a tool inevitably causes its usage. After the split I will discuss yet a third factor that adds to this police state mentality, but first I’d like to express the following. The issue of our country becoming a Police State should not be and is not a partisan issue. Just from the opinions of people who follow this blog and comment, we see general agreement that these police tactics violate our Constitution and our innate sense of propriety. We may not all agree on most aspects of government policy, but I would hope we can agree on the proper manner in which our law officers should enforce the peace. Continue reading “Police State America” →

Congress, Constitutional Law, Courts, Criminal law, Justice, Lawyering, Media, Military, Politics, Religion, Science, Society, Supreme Court

Our Insane War on Drugs

Submitted By: Mike Spindell, Guest Blogger

Harry_Jacob_AnslingerI’m going to use what has become a cliché to open up this piece. “The definition of insanity is doing the same thing that has failed over and over again.” Often clichés are expressions of reality that nevertheless express problems faced by generation generations and generations of human beings. In my opinion “The War on Drugs” is not only an abysmal failure, but has gone a long way towards destroying the social fabric of this country and corrupting the efforts of law enforcement, by manufacturing a “problem” that they are pressured to solve. The idea for writing this came to mind this week at my local drug store. My wife had sent me for a decongestant that contains pseudo-ephedrine to treat a persistent cold. These medications which were formerly as matter of course located in the Cold and flu section are by law now kept behind the prescription counter. To make my purchase I had to produce a driver’s license, whose number was duly entered into a computer and sign an affirmation form digitally. Now since I was a loyal viewer of “Breaking Bad” I understood why this was seen to be necessary by the government. Pseudo-Ephedrine is used in one common formula to “cook” Chrystal Methedrine, or “Speed”. The idea that I, a 69 year old greybeard, should be recorded as a potential cooker of “meth”, is so ludicrous that it caused me to think about the whole process of drug interdiction that is the result of the War on Drugs.

The reach of the War on Drugs goes far beyond the control of formerly non-controlled substances and has affected and limited the way Doctors prescribe for their patients. This prescription oversight ever expands the categories of controlled substances and puts every physician under undue government surveillance. To illustrate the silliness of this, from my own experience, let me relate that in 2010 I underwent 3 major, life-threatening operations within a 4 month period. After each operation which involved cutting my chest open (the middle one was a heart transplant) in the Surgical Intensive Care Unit I was being given unlimited dosages of morphine to deal with my pain. In each instance after an operation, after two days, I would refuse the morphine because it was affecting my thinking and the pain without it was tolerable. In each instance after practically having to forcefully deny the proffered morphine in the morning, my request for Xanax that evening to help me sleep was denied, even though my Surgeon had prescribed it. This required a late hour call to the Doctor on call to prescribe it. The nurse was only following procedure, but the scrupulousness of the procedure is the result of the War on Drugs. Physicians now treating people for various pain symptoms are now under very close scrutiny regarding the medications they prescribe. To me this is nonsensical, given that addicts always find ways to get their drugs no matter what strictures are put into place. What follows is my examination of the premises behind the War on Drugs, its affect on all of us and my solution to this “problem”. Continue reading “Our Insane War on Drugs” →

Congress, Politics, Society

Close Enough For Government Work? Sebellius And The Irrelevance Of Job Performance

220px-Kathleen_Sebelius_official_portraitBelow is my column today on the continuing problems with the Affordable Care Act.  I believe some national health care plan was needed.  However, before passage, I spoke on Capitol Hill and criticized the poor drafting of the Act as well as the constitutional concerns over the federalism issues.  I was most surprised by simply the poor shape of the massive bill.  It was rushed through Congress to avoid having to go back to the Senate after the death of Ted Kennedy.  The result was many poorly considered provisions.  For that reason, I expected (particularly after the expenditure of such a huge amount) that the rollout would be done with particular care. I was shocked by the gross negligence shown by the Administration.  Health and Human Services Secretary Kathleen Sebelius repeatedly assured Congress and the public that the system was ready after almost a half billion dollars in federal funds and years of preparation.  She never informed Congress that her top tech officer (who has now resigned) refused to sign off on the program due to concerns of the lack of full testing and that various experts expressed doubts about the launch.  However, Sebelius and her aides insisted on effectively launching in the blind.  Putting aside how one may feel about national health care, this would seem an objective measure of the lack of performance.  This was the single most important task not just for Sebellius but the Administration and it was a failure.  For those who have fought hard for health care, the failure played into the hands of critics.   Yet, with a program named after a Democratic President, there seems an unwillingness to separate the merits of Obamacare from the poor administration of the rollout of the program. While officials are now profusely apologizing, it seems that (unlike most citizens) high-ranking officials are immune from performance based termination.  That is the subject of the column in USA Today.

Continue reading “Close Enough For Government Work? Sebellius And The Irrelevance Of Job Performance” →

Congress, Courts, Free Speech, Lawyering

Office Depot Allegedly Threatens Reddit Over Parody Of Company Logo

USRrFNFm-1.pngWe have often discussed the abusive expansion of copyright and trademark laws. This includes common phrases, symbols, and images being claimed as private property. (here and here and here and here and here and here and here and here and here). (For a prior column, click here) This trend is being fueled not only by powerful lobbyists who sometimes seem like they control both Congress and the White House but law firms that have made this a virtual cottage industry. There are a large number of law firms on retainer to bring these actions and artists and companies that do little to limit them. The latest example was brought to light by the good people at Techdirt which posted a Digital Millennium Copyright Act (DMCA) letter to Reddit informing them that they had violated copyright laws with a posting of an individual known as heisenberg69 with this image satirizing Office Depot.

Continue reading “Office Depot Allegedly Threatens Reddit Over Parody Of Company Logo” →

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

Ireland and The End of Austerity?

Flag_of_Ireland_svg

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?” →

Bizarre, Congress, Constitutional Law, Free Speech, Politics, Religion, Society

Like Son, Like Father

By Mark Esposito, Guest Blogger

hqdefaultWell, the guy who ushered in the recent government shutdown with a 21 hour filibuster sure gets it honest. Texas senator Ted Cruz, that darling of the Tea Baggers, is no longer the Harvard educated political mystery man who chides the administration at every turn and who rabble rouses what is loosely referred to as the Republican base. Seems he learned the techniques of fact-free demagoguery at daddy’s knee and not amid the ivy in Cambridge (or at Princeton as Elaine M reminds me). That’s right, the Right (as in far) Reverend Rafael Cruz has embarked on his own freewheeling magical mystery tour armed only with the credential that he sired that darling of the Rebel flag wavers. Cashing in on sonny boy’s status among some on the right, Rafael Cruz is now touring the country demanding Obama “go back to Kenya” and turning the Treaty of Tripoli* on its head claiming divine sanction in decreeing that the land of the free and home of the brave is also the exclusive dominion of the Christian. And if that isn’t a big enough stain on his vestments, the representative of the Savior commands all Tea Baggers to shinny on up to the latest polling place to vote Republican.

IRS are you listening?

Continue reading “Like Son, Like Father” →

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

The Problem with the “Intelligence Community”

Submitted By: Mike Spindell, Guest Blogger

Hoover-JEdgar-LOCThrough the years this site has produced a multitude of blogs that details the excesses that occur in the intelligence community of the United States. Whether it is about spying on us, or upon other governments, the disclosures of incidents where this group of agencies has overstepped the bounds of our Constitution have become too numerous to detail. Beyond that through the years there have been many instances where elements of our Intelligence Complex have interceded in other countries, under the rubric of protection of United States interests. There are many different Agencies within our government that deal with intelligence and in the post 9/11 era the prevention of threats to our country and its citizens has become a giant self serving industry. The Agencies that we know about have supposedly fallen under the egis of the Department of Homeland Security, which should mean from an organizational chart perspective, they are under the control of the President of the United States. To get the political issue out of the way I believe that President Obama has aided and abetted policies that go against the Constitution of the United States. However, not to justify his policies, which are clearly wrong, my opinion is that it has been a very long time since any American President had control of our Intelligence Complex. My belief is not informed by any information public or private, but from what I’ve gleaned from history and from what I know about the operations of bureaucracy. This Guest Blog is not a piece of investigative journalism, but the opinion of someone who understands both the workings of human nature and the workings of bureaucracy. I hope that this piece can engender discussions about the Intelligence Complex and elicit opinions as to what service it provides in protecting this country. The issue is not one of politics per se, because the guilt of enabling our Intelligence Complex falls equally on both political parties and the powerful elements within those parties who would support any action taken by the Intelligence Complex including abrogating our Constitution. The FBI is where I’d like to begin my perspective and that might surprise some, who consider the Federal Bureau of Investigation, basically a law enforcement agency. The history of the FBI is such that it has expanded its role with each upheaval, or new popular shibboleth that garners national attention. Continue reading “The Problem with the “Intelligence Community”” →

Bizarre, Congress, Constitutional Law, International, Military, Politics

Feinstein: I Will Investigate The NSA . . . To Protect Foreign Leaders

225px-dianne_feinstein_official_senate_photo220px-Angela_Merkel_(2008)For civil libertarians, there may be no more unsettling statements than “Dianne Feinstein is here to protect civil liberties.” Of course, it is not quite that bad. The Senate Intelligence Chairwoman Dianne Feinstein (D-Calif.) has been the greatest champion for the creation of the massive surveillance of U.S. citizens and effectively blocked any demand for a perjury prosecution of National Intelligence Director James Clapper for lying about the programs. She has called for the prosecution of Edward Snowden for revealing years of deceitful or false statements made to the public. She has criticized the media for disclosing information on the programs despite admissions that of unlawful conduct by the government after the disclosures. No, none of that bothers Dianne Feinstein. However, she is outraged by the monitoring of foreign leaders and promised a “total review” surveillance program.

Continue reading “Feinstein: I Will Investigate The NSA . . . To Protect Foreign Leaders” →

Bizarre, Congress, Constitutional Law, International, Media

Rogers To The French: You’re Welcome

220px-Michael_J._Rogers_113th_CongressEuropeans are upset after learning that, in addition to capturing the email and phone records of Americans, the NSA has been doing the same to them in a global assault on privacy. This includes leaders of allied nations. The United States is now viewed as an international rogue nation with no respect for the law or privacy or even loyalty. Now into this explosive environment has jumped Rep. Mike Rogers (R-Mich.), chairman of the House Intelligence Committee. Rogers responded directly to the French and said that this is all a “good thing” and the French should really be “applauding and popping champagne corks” for keeping them all under surveillance and destroying any notion of privacy.

Continue reading “Rogers To The French: You’re Welcome” →

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

Criminal Defendants and Wireless Wiretaps: One Small Victory?

Donald_Verrilli_-DOJ_Portrait-

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?” →

Res ipsa loquitur – The thing itself speaks