Category: Congress

Congress, Constitutional Law, Courts, Criminal law, Environment, Free Speech, Justice, Lawyering, Media, Military, Politics, Religion, Science, Society, Supreme Court, Testimony, Uncategorized

The Private Prisons Profit on Youth

Submitted By: Mike Spindell, Guest Blogger

287px-Sing_SingWe have had a lot of discussions here about the ever growing private prison system in the United States, where our country has become the world leader in imprisoning its citizens. Many blogs have been written discussing our world prison leadership and the fact that it stems from the failed “War on Drugs”, which has tended to focus on people in poverty and/or people of color. The for-profit prison industry has had a growth spurt that can be directly traced to that aspect of the conservative movement that has disparaged government services and at the same time pushed for privatization of government services using the false concept that private industry can do it better and cheaper. It is an ideas that to me seems nonsensical on its face because of the absolute need that private industry turns a profit and in today’s economic scheme that profit has to continually rise as time passes. Business strategy, which by definition, must focus on profit has focused on cutting costs as a means of building profit. Cutting costs then devolves into hiring less skilled workers, cutting down on services provided and in a business like private prisons reducing the quality of care. When ot comes to reduction of services and diminishing of quality of care when it comes to the prison industry, I’m sure that the majority of public opinion would approve of even more draconian measures. After all those convicted of a crime are generally scorned and feared. Muscular fundamentalist philosophy has discarded the Jesus of turn the other cheek into a Jesus of vengeance and so there is even in some circles moral approval of treating prison inmates harshly. There is now a widespread use of solitary confinement as a tool of prison punishment and that confinement has stretched from weeks, too months and too years. We are after all, a society that has a majority of Americans for torture in our post 9/11 era.

In 2008 we saw the opening of a scandal in Pennsylvania where it was discovered that juvenile court judges were sentencing youths to prison for minor offenses because they had received money from sources in the private prison industry. Two judges were convicted in this case and it was seen that many youths were adversely affected and are now suing for unlawful imprisonment. It is this profiting on the imprisonment of youth that I would like to address broadly in this blog. For the most part my reference links will appear at its conclusion. This is a very disturbing problem that I think cuts to the heart of what kind of society we want to live in and I would hope that others find this as disturbing as I do. Continue reading “The Private Prisons Profit on Youth” →

Bizarre, Congress, Free Speech, Lawyering, Society

Law Firm Pulls Commercial Parody of Geico and Allstate After Receiving Threats From Companies

250px-Gecko_foot_on_glass240px-Stop_hand_nuvola.svgMy opposition to the ever-expanding trademark and copyright laws is well known. (For a prior column, click here). Common phrases and symbols are being snatched up as Congress and the Obama Administration continue to yield to every demand for higher levels of penalties and prosecutions. Now we have a personal injury firm — Geoff McDonald & Associates — that has knuckled under to a threat from GEICO insurance because it used an obvious (and stated) parody in a commercial. This is an office filled with attorneys and yet they pulled the commercial because of an obvious joke. If they cannot stand up to the copyright and trademark hawks, consider the position of average citizens faced with threatening letters. Even other insurance companies have folded under pressure from GEICO in parody commercials. It is not clear if GEICO will now move against zoos and elementary schools who try to feature geckos. Before I am sued by the lawyers at GEICO, the picture to the left is a body part of a common gecko found in the wild. He has no connection to the insurance company and is not meant to mock it in any way.

Continue reading “Law Firm Pulls Commercial Parody of Geico and Allstate After Receiving Threats From Companies” →

Bizarre, Congress

Just When You Thought Congress Could Not Get More Bizarre . . .

628x471For many of us, Congress has become a circus like environment with two parties exercising a duopoly of power despite record levels of contempt from voters for their conduct and policies. For sane people, Congress simply could not get more bizarre. Think again. At the height of the vote to end the government shutdown, Dianne Reidy, an official reporter with the Office of the Clerk, took the mike and began to condemn Congress (starting out well) and then rave against Freemasons (ending not so well). The most troubling thing about the scene? For many voters, she still seemed the most sane and honest person in the chamber.

Continue reading “Just When You Thought Congress Could Not Get More Bizarre . . .” →

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

Who’s Your Buddy? NSA Gathering Hundreds of Millions of Contact Lists and “Buddy Lists” From Americans

President_Barack_Obama200px-national_security_agencysvgThe Obama Administration — with the clear support of Democratic and Republic leadership — has continued to eviscerate privacy in the United States despite recent controversies over NSA spying on Americans. The most recent report details how the National Security Agency is collecting hundreds of millions of contact lists from personal e-mail and instant messaging accounts, including those of Americans. The reported collection program is a new operation that intercepts e-mail address books and “buddy lists” from instant messaging services. It is the latest effort by the Obama Administration to turn this into a fishbowl society where citizens and their associations are entirely transparent to the government. Once again, the most amazing aspect of this story is the complete lack of response or outcry. President Obama has succeeded, it seems, in changing the expectations of privacy in our society — a change that is unlikely to be reversed to the great detriment of civil liberties in America. It is the latest example of why it is increasingly curious for Americans to refer to this country as “the land of the free” as we construct a massive internal security state and unchecked executive powers.

Continue reading “Who’s Your Buddy? NSA Gathering Hundreds of Millions of Contact Lists and “Buddy Lists” From Americans” →

Congress, Politics, Society, Supreme Court

Massive Resistance and the Government Shutdown

 By Mike Appleton, Guest Blogger 

“We pledge ourselves to use all lawful means to bring about a reversal of this decision which is contrary to the Constitution and to prevent the use of force in its implementation. 

-The Southern Manifesto,  Cong. Rec., 84th Cong. 2d Session, Vol. 102, part 4 (March 12, 1956)

‘This was an activist court that you saw today.  Anytime the Supreme Court renders something constitutional that is clearly unconstitutional, that undermines the credibility of the Supreme Court.  I do believe the court’s credibility was undermined severely today.” 

-Michele Bachmann (R. Minn.),  June 26 2012

Most people are familiar with the opinion in Brown v. Board of Education of Topeka, et al., 349 U.S. 483 (1954), in which a unanimous Supreme Court summarily outlawed public school segregation by tersely declaring, “Separate educational facilities are inherently unequal.” 349 U.S. at 495.  But many people do not know that Brown involved a consolidation of cases from four states.  The “et al.” in the style refers to decisions on similar facts in Delaware, South Carolina and Virginia.  And the response of Virginia to the ruling in Brown provides an interesting comparison with the actions leading to the current government shutdown. Continue reading “Massive Resistance and the Government Shutdown” →

Congress, Constitutional Law, Courts, Justice, Lawyering, Media, Politics, Society, Supreme Court, Uncategorized

When Will We Decide to Stop the Killings by Guns?

200px-Walther_P22_Corrected

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

We have discussed the thousands who have been killed by guns in this country on several occasions on Professor Turley’s blog and we have seen some of the same responses from both sides of the discussions about reasonable restrictions on gun ownership and use.  Some say that any restriction on gun ownership, no matter how small, is a violation of their Second Amendment rights.

Some of those who are in favor of reasonable gun control measures, point to the sheer numbers of women and children and men who die each day due to senseless murders and sorrowful accidents.  Emotional arguments and reasons have been offered by both sides of the discussion, but yet not a single worthwhile National gun control measure has become law and the killings and deaths continue unabated.

To my dismay and shock, not even the Sandy Hook Elementary School shootings, where 20 small school children and 6 staff members lost their lives to an arguably mentally ill shooter, produced any resulting legislation that could be argued offers some relief in the ever larger numbers of gun deaths.

While researching this article I had trouble finding articles written on this subject after April of 2013.  There were many articles, including articles on this blog from December of 2012 through April of 2013, but very little since.  In light of the dearth of media interest since April of this year, I am curious about what it will take for the United States of America to decide it is time to stop killing itself? Continue reading “When Will We Decide to Stop the Killings by Guns?” →

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

False Equivalency: How We Are Manipulated #2

Submitted By: Mike Spindell, Guest Blogger

obama and boehnerLast week I wrote two guests blogs that were essentially two sides of the same coin. “How We Are Manipulated #1” and “The Decline of Journalism” were akin in that in the former I was writing about the use of “False Equivalency” that has long been a propaganda tool, especially from the wealthy backers of the conservative movement and the bland acceptance of “False Equivalency” by our mainstream media. I receive “E mails” each week from “Media Matters for America” the organization that examines bias in the media. http://mediamatters.org/ . This organization often provides me with ideas for this blog and I think performs a yeoman service for the people in this country who wish to clear the mental fog of propaganda, supplied by people who want to destroy the democratic process, and that has bombarded us since the Age of Reagan. These people own the major media and/or use their media ownership to ensure that the truth about our country is not only hidden, but subsumed in a planned torrent of propaganda. In this piece I will continue my series by providing various quotations that serve as examples, or admonishment of the prevalence of “False Equivalency” memes in the media. Links will be supplied at the end of this blog. Continue reading “False Equivalency: How We Are Manipulated #2” →

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

Ted Cruz, Dominionism and Jesus

Submitted By: Mike Spindell, Guest Blogger

Ted_Cruz,_official_portrait,_113th_CongressAs a Jew who is familiar with “The Gospels” there is something perplexing about some Christians in America who have risen to power in our political process within the last four decades. Much of Jesus message, as detailed in “The Gospels” has been one of sympathy to the poor, enmity to the rich and love for humanity. I can give you the time tested quotes but just about everyone is familiar with them. Indeed through my childhood and formative teen years Christmastime every year would yield endless repetition of “Peace on Earth, Good Will to All Men”. Sometime in the 1970’s people like Pat Robertson and Jerry Falwell gained prominence and political power preaching their version of Christianity. These Christians became Kingmakers as it was assumed and actually true that their millions of followers would vote as a bloc. The Christianity that they preached had little to do with the American Christianity that I grew up with. To be sure their teachings on sexuality differed little from Christian thought for the previous 1,700 years and so abortion was evil, virginity was prized and sexuality was to be performed in subscribed methodology. What was different was that this version of Christian belief was a far more muscular and mach one. War was good when fought for American principles of capitalism and self interest. The wealthy needn’t worry about the “eye of the camel.” Poverty was seen as the result of moral failure. Rendering unto Caesar (the Government) was no longer the moral thing to do.

Now knowing history there were always periods where certain Christian leaders were in favor of warfare, favored the wealthy and sought to kill non-believers. Nevertheless, all through those era’s the same message of peace and love was preached as doctrine, whilst the religious leadership ignored the dichotomy of their own works. However, hypocrisies have always existed in every religious belief. The overriding principles always remained static, even if logic had to be twisted to ignore the obvious dichotomy. This is certainly true of the religions Judaism, Christianity and Islam, that each give their own interpretation of the “Torah.” The most glaring example of this is the entire Chapter of Genesis, which is literally riddled with dichotomy. Who did Cain, Abel and Seth marry and where did their brides come from? The standard method of dismissing these dichotomies was to ignore them and censor the questioner. Today though, in certain Christian circles these overarching principles derived from the teachings of Jesus have become ignored, to be replaced by a new “Dominionist” view, which would turn Jesus into a warlike, wealthy Republican that hated government and taxes. That is the subject of this guest blog. Continue reading “Ted Cruz, Dominionism and Jesus” →

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

Is it Time to Break Up JP Morgan?

Jamie_Dimon,_CEO_of_JPMorgan_Chase

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

I am sure that you have heard the phrases, “Too Big to Fail” and “Too Big to Jail”, when it comes to the so-called Big Banks.  Indeed, the topic has been written about and discussed on many occasions here on Professor Turley’s blog.  Fellow Guest Blogger Elaine Magliaro wrote about it here, and I wrote about Big Banks plotting, along with the FDIC and the Bank of England to “steal” depositors money in order to bail out gambling banks, to name a couple of recent articles.

The stories about Big Banks being investigated and fined could fill a very large hard drive.  Even with all of those stories and countless others, I was still shocked to read recently about a meeting that JP Morgan CEO Jamie Dimon had with the United States Attorney General, Eric Holder.  It was reported that the purpose of the meeting was to discuss yet another financial settlement for alleged JP Morgan irregularities. The numbers they allegedly were discussing were staggering! Continue reading “Is it Time to Break Up JP Morgan?” →

Congress, Constitutional Law, Courts, Free Speech, International, Politics, Society, Supreme Court

How We Are Manipulated #1

Submitted By: Mike Spindell, Guest Blogger

220px-John_Boehner_official_portraitWhen I awoke a short time ago my mind was in its usual morning fog that slowly dissipates as I go through my wake-up routine which includes laying out the 35 or so pills that I take to stay alive. That fog mentally is usually a jumble of wide ranging short thoughts that are later forgotten as the fog lifts after my first coffee. On the way to the bathroom for my morning ablutions I found myself thinking about the biggest news all week which had been the shutdown of the government and the crisis that ensued. Suddenly, as an idea arose that woke me from the fog. Political Theater, it is all political theater. The threatened shutdown by the Republican Congressman, led by John Boehner et. al. was merely a show whose purpose was to destroy the publicity that would have surrounded the inception of enrollment in the Affordable Care Act (ACA) dubbed by the conservative PR geniuses “Obamacare”. How obvious this was took my breath away and also gave me some chagrin that it took me so long to see this con job in the making, while I mulled over the ramifications of a government shutdown. As the President has said and as some Republican have opined the GOP’s great fear regarding “Obamacare” is that it will succeed. Since enrollment was scheduled to begin on October 1st, without the shutdown speculation dominating the news cycle there would have been much publicity on the beginning of people enrolling in the plan. There would have been actual discussion of the plan and not just the cacophony of misinformation deftly spread by well placed conservative rumor mongers, broadcast blaringly on FOX News and flacked by the innumerable leaders of the “Tea Party”. Our mainstream media would play their continuing game of false equivalence by blithely accepting all information as being equal and not bothering to supply context when lies are told in the service “informing” the public.

Instead we have a manufactured crisis that sends the ACA to the back pages of virtual news media and we have faux layoffs and service loss endlessly debated. Now in truth this thought make me even a little sad for those “Tea Party” congresspeople that haven’t been let in on the nature of the game, nor their role as pawns in the manipulations of some the wealthy elite in this country. As I explained awhile ago in these guest blogs: http://jonathanturley.org/2011/08/02/tea-party-and-the-myth-of-a-grassroots-movement/#more-38049 and http://jonathanturley.org/2013/02/16/tea-party-a-phony-movement-mantled-as-legitimate/  the so-called “Tea Party” is not a grassroots movement, but the creation of the Koch, via an organization known as “Freedomworks” which they fund. On the Bill Maher show last Friday night one of his panel guests was the President and CEO of “Freedomworks” Matt Kibbe. From my perspective he was debunked by the panel, particularly Congressman Alan Cranston. What caught my attention though, was that Kibbe was at one point railing about how big government was run by insider lobbyists. None on the panel, or Maher, were perceptive enough to call him out on this since he is the quintessential lobbyist for the Koch Brothers.  To my mind there is nothing to see here folks, move along and allow yourselves to be distracted by yet another manufactured crisis, designed to prevent you from actually evaluating the health care plan that is now available to you without adequate health care, or who are paying far too much for what should be a basic right of citizenship, health care. The Affordable Care Act is not my ideal of what American health insurance should be about because I believe in the “single payer” system used in most civilized nations. However, it is far better than what we already have and because of that should be fairly evaluated by the public. Perhaps though that fair evaluation will never get a chance since there are those who consciously work to distract us through propaganda, mythology and political theater into supporting what is in our own worst interests. Continue reading “How We Are Manipulated #1” →

Congress, Politics, Society

SNAP and the Bauer Theory of Behavior Modification

By Mike Appleton, Guest Blogger

“A government’s allowing people to starve when it is preventable reflects a lack of concern for human rights, and well-ordered regimes…will not allow this to happen.”

John Rawls, The Law of Peoples (1999)

It ought not be a matter of serious debate that every human being is entitled to nourishment sufficient to sustain life.  The right to sustenance is subsumed within the right to life.  We acknowledge in our founding documents that protection of that right is a primary function of government.  No rational person would choose to live in a society that permitted its members to die for lack of food.  Nevertheless, the food stamp program, now called the Supplemental Nutritional Assistance Program (SNAP), is under attack by Republican members of Congress.  The recent vote in the House of Representatives to cut funding for the program, and the arguments advanced in support of the cuts, suggest that the GOP believes that providing the poor with enough to eat is a discretionary exercise , demanded by neither law nor morality.  It appears that the Republican Party has adopted what I call the Bauer Theory of Behavior Modification. Continue reading “SNAP and the Bauer Theory of Behavior Modification” →

Congress, Constitutional Law, International, Politics, Society, Uncategorized

President Obama Trying to “Fast Track” the Trans-Pacific Partnership—a Trade Pact That Could Be Worse Than NAFTA

President Exec SealSubmitted by Elaine Magliaro, Guest Blogger

Know much about the Trans-Pacific Partnership (TPP)? If you don’t, it’s not your fault. According to Zoë Carpenter (The Nation), Congress hasn’t heard much about TPP either. That’s because this so-called “free trade” agreement is being negotiated in “extreme” secrecy by representatives of twelve different countries—the United States, Japan, Australia, Brunei, Canada, Chile, Malaysia, Mexico, New Zealand, Peru, Singapore,  and Vietnam.  Carpenter says that the Obama administration has ignored “repeated calls from legislators to make the process more transparent, while pressing to finalize the agreement this year.”

In his article titled Multinationals Are Plotting to Steamroll What’s Left of Our Democracy to Make Huge Profits, Dave Johnson says that the TPP negotiating process “has been rigged from the start.” While hundreds of representatives of corporate-interest groups have been providing their input— “representatives of labor, human rights, civil justice, consumer, environmental and other stakeholder groups have been kept away from the negotiating table.” Members of Congress have not seen the agreement yet. United States Senators “have been barred from seeing negotiation points or drafts.” The public has been denied any access to TPP negotiating texts. We the people—as well as our elected representatives—are being “kept in the dark” as to what is going on behind closed doors. Yet, “600 corporate advisers” have been involved in the negotiation process. Multi-national corporations like Monsanto and Walmart are helping to craft the agreement.

Continue reading “President Obama Trying to “Fast Track” the Trans-Pacific Partnership—a Trade Pact That Could Be Worse Than NAFTA” →

Bizarre, Congress, Constitutional Law, Military, Politics, Society

Change The Narrative: Clapper Returns To The Senate And Is Joined By Senators In Denouncing The Media and Snowden

220px-James_R._Clapper_official_portraitThe hearing this week on the massive surveillance programs targeting the communications of all citizens was the latest in the increasingly bizarre world of American politics. We have a Constitution that prohibits warrantless searches and seizures. We have a government — and a President — who previously misled us about the existence of such programs. We have Senators who knew of the prior deception and even perjury sitting in a hearing on the latest account from our leaders. Now, these same politicians are speaking openly about seizing every single telephone call. Rather than denying the program, they now refer to it as a harmless “lock box,” the way that Al Gore once referred to the social security accounts. What was particularly interesting is the statement of General Keith Alexander, the director of the National Security Agency, that disclosures by Edward Snowden “will change how we operate”. Indeed, in light of the Snowden disclosures, Alexander has stopped the prior denials of the Administration and is now speaking of “reforms.” That is precisely why most people view Snowden as a whistleblower despite the demands of the President and members of Congress that he be tracked down and put away for good. Even more interesting is the appearance of James Clapper, director of National Intelligence, who previously acknowledged perjury before the Senate. Rather than raise the perjury or demand his prosecution, Senators engaged in friendly exchanges with Clapper as if nothing had happened. This is clearly under the belief that the public has a remarkably short attention span and the media will follow the lead of the White House. Indeed, reporters for the most part did not even mention that Clapper is thought by many to be an unprosecuted felon due to his prior testimony or that his last major testimony on this very subject was to deny such programs. There was not even laughter when Clapper said that he was working to find ways to “counter the popular narrative” of any dangers in this surveillance. That “popular narrative” of course also includes his prior false testimony.
Continue reading “Change The Narrative: Clapper Returns To The Senate And Is Joined By Senators In Denouncing The Media and Snowden” →

Congress, International, Politics, Society

Obama To India: Block Production Of Low-Cost Generic Drugs . . . Or Else

President_Barack_Obama220px-Ritalin-SR-20mg-1000x1000Millions of Americans struggle on a daily basis to afford medicine in the United States which is the highest in the world. Many seek affordable drugs by driving to Canada or seeking medicine (as well as medical care) in India. Yet, one of the first things that President Obama did in the new health care law was to cave to a demand by the powerful pharmaceutical lobby to drop provisions guaranteeing cheaper medicine. The lobby then got Congress to block two measures to guarantee affordable medicine. With billions at stake, Congress and the White House again yielded to the demands of this industry, which is sapping the life savings away of millions of families. Given this history, many are concerned about a meeting planned between Obama and the Prime Minister of India. Public interest groups object that Obama is threatening retaliation against India in the hopes of blocking one of the major alternatives for families in acquiring affordable medicine. Congress has also again responded to industry demands for pressure in India to change its laws and, as a result, raise the cost of medicine. Doctors Without Borders, a highly respected medical group, has denounced the effort of the Obama Administration as threatening basic health care for its own citizens and those around the world.

Continue reading “Obama To India: Block Production Of Low-Cost Generic Drugs . . . Or Else” →

Congress, Media, Military, Politics, Society

Documents Details Near Nuclear Explosion Over North Carolina Due To Air Force Accident

Slim-pickens_riding-the-bomb_enh-loresInvestigative journalist Eric Schlosser has uncovered near disaster of epic proportions after a Freedom of Information Act (FOIA) request confirmed that a 4 megaton nuclear bomb almost exploded over North Carolina in 1961 — an explosion that would have been 260 times more powerful than Hiroshima and would have devastated the United States. What is amazing is that, once again, the government used classification laws to hide that fact that it almost destroyed the large part of the country and was saved by a simple low-voltage switch that fortunately was able to deactivate the armed bomb. The details were hidden for over fifty years by the government.

Continue reading “Documents Details Near Nuclear Explosion Over North Carolina Due To Air Force Accident” →