Category: Congress

Congress, Constitutional Law, Courts, Criminal law, Justice, Lawyering, Military

The Military’s War on Women Continues

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

I saw this story during this past week and I have to admit, that it made my stomach turn.  Despite the increased interest some in Congress and in the Pentagon have shown in how accusations of rape by female members of the military are treated, women can still jeopardize their careers and their mental well-being if they bring charges against their alleged attackers.

‘”For roughly 30 hours over several days, defense lawyers for three former United States Naval Academy football players grilled a female midshipman about her sexual habits. In a public hearing, they asked the woman, who has accused the three athletes of raping her, whether she wore a bra, how wide she opened her mouth during oral sex and whether she had apologized to another midshipman with whom she had intercourse “for being a ho.”’ New York Times Continue reading “The Military’s War on Women Continues” →

Congress, Constitutional Law, International, Military, Politics, Society

Graham Calls For Authorization Of War . . . Against Iran

220px-B-2_spirit_bombingGraham-080106-18270- 0035Sen. Lindsey Graham recently objected to President Barack Obama seeking congressional authorization to attack Syria (that’s right, in contradiction to every assumption James Madison may have made about Congress, Graham is one of those who wants to embrace an Imperial Presidency and gut the check on power represented by his own branch).  Graham has been making it clear that he is not happy about the failure to join another war in the Middle East.  So what does a hawk do when a war just doesn’t turn out as hoped?  Graham is seeking authorization for a new war . . . not against Syria but Iran. After all, we have not defunded enough environmental, scientific, educational or welfare programs. Another war against one of the largest military powers in Middle East would guarantee a decade of military appropriations and interventions.

Continue reading “Graham Calls For Authorization Of War . . . Against Iran” →

Congress, Constitutional Law, Military, Politics, Society

Oklahoma Joins Other States In Refusing To Benefits To Same-Sex Couples

220px-Mary_Fallin225px-OklaJFHQssiThere is an interesting conflict growing between the federal and state governments over same-sex benefits after Oklahoma joined Texas, Mississippi and Louisiana this week in limiting the benefits for same-sex benefits. Yesterday, Oklahoma decided that the Oklahoma National Guard will no longer process benefit requests from same-sex couples by order of Gov. Mary Fallin. The Obama Administration maintains that the national guards must comply with federal law on such benefits in what could be a test of the remaining state control over national guard units.

Continue reading “Oklahoma Joins Other States In Refusing To Benefits To Same-Sex Couples” →

Bizarre, Congress, Politics, Society

Politico: Vitter Moves To Block Exception For Congress Under Obamacare . . . Dems Move To Raise 2007 Prostitution Scandal

vitter-headshot-200It honestly takes a lot to get me to feel sympathy for David Vitter, (R. La.) Like most of the world, I was floored by the voters of Louisiana returning Vitter, a religious right politician, to the Senate after his scandal involving high-priced prostitutes. However, that is precisely the unique skill of the current Democratic leadership — they seem eager to win any race to the bottom. Vitter this week opposed an Obama regulation that gives an exemption of members of Congress and their aides under Obamacare. The regulation allows Congress to pay for its own generous subsidies to avoid having to live under the new law like normal citizens. While there is a definite appeal to Vitter’s view that the Congress should live under the same law applicable to average citizens, there may be some legitimate argument that I am missing. What should be clear is that some Democrats reacted in worse possible way. Politico is reporting that it has legislation drafted by Democrats that would eliminate health care benefits for lawmakers where there is “probable cause” to believe they patronized prostitutes. If true, this is really a sophomoric act of retaliation. Politico is reporting that this is not a joke but something actually raised as a meeting of Democratic members.

Continue reading “Politico: Vitter Moves To Block Exception For Congress Under Obamacare . . . Dems Move To Raise 2007 Prostitution Scandal” →

Congress, Constitutional Law, Courts, Environment, Free Speech, International, Justice, Media, Military, Politics, Society

In Defense of Being a Political Cynic

Submitted By: Mike Spindell, Guest Blogger

WilliamdriverflagI’m an easy mark for those who want to approach me emotionally. My own life, with the normal tragedies of living seven decades has let me be attuned to others pain and to view that pain with an empathy born of my own suffering. Working out my own problems via years of therapy in my twenties and thirties, allowed me to finally let myself cry at the early death of my parent’s years before. I had put a “bottleneck” on tears since a teenager, choking sad emotions by constricting my throat and being in intellectual denial of the mourning I felt at their loss. This is not to say that I had no emotional outlets in my years prior to therapy, but they were limited to events far outside the ken of my life. Thus I could identify with wronged characters in movies and could cry at the death of Marin Luther King and Bobby Kennedy. In my personal life though, I acted out the role ascribed to me in my High School Yearbook “Mike thinks that life is just a snap of his fingers”. Therapy changed that and allowed me to let myself be aware of and be guided by my emotions.

Emotionally, I am as patriotic an American as you might find. I love this country and I love the fact that I’m a citizen of it. My tears well up at the playing of our National Anthem. The Constitution is a sacred document to me and the aspirations of our “Founding Fathers” seem noble and just. In sports I often find myself moved to tears when athletes or teams overcome adversity and triumph. My family knows this emotional side of me since I cry at movies like “The Little Mermaid”.  In personal relationships I am also ruled by emotion. People who treat me with kindness are not only repaid in kind, but I find myself rooting for their happiness and sad at their sadness. It is therefore quite easy to become someone I consider to be a friend and difficult for me to note imperfections in the friendships I’ve made. However, that is on an emotional level and as all humans, I am far more than just my emotions.  Intellect and experience play important roles in shaping who we are. On a personal level I have experienced betrayal by “friends” and lovers. In my career I’ve experienced betrayal by those I thought of as friends and co-workers. However, I think those “let downs” are merely a normal part of the human experience. We humans learn and grow from our social interactions, allowing them to inform our interactions with each other.

We humans co-exist though in a larger context than mere personal interactions and that is a society known as “country”. Through the norms and mores of that society we find that our emotions are stimulated by the commonality of our existence as part of a whole. We rely on that society to protect us from predators and from those from other society’s that would do us harm. We unite emotionally in times of crisis and we feel warmth and comfort from being part of the whole. The most emotionally jarring event of the past five decades was the attack on 9/11 that galvanized this country almost as one entity. We commemorated the twelfth anniversary of this overwhelmingly sad event this past week. I need not describe the effect of this event on all of us, since I know that we all have sharp personal memories of that day and the days of anger, fear and confusion that followed. The reactions politically that followed 9/11 has personally scarred those who lived through it and have done great harm to our country. People from all sides of the political spectrum feel betrayed by the events that followed 9/11. Some feel betrayed because the majority of the country no longer supports the military interventions that ensued. Others feel betrayed because there is clear evidence that our government “lied” us into a costly war against a country that had nothing to do with the 9/11 attack. We have become then a nation of cynics when it comes to our government and I will explore why this can be either good or bad for the future of our country. Continue reading “In Defense of Being a Political Cynic” →

Congress, International, Military, Politics, Society

Study: Almost 75 Percent of All Afghanistan Deaths Occurred Under Obama

President_Barack_Obama220px-MortDebarquementFor many years, this and other blogs have criticized President Barack Obama and Democratic leaders for their failure to pull out of Afghanistan after his election. There was clearly an unwillingness to risk the political costs of being blamed for a withdrawal or a perceived defeat. As a result, our personnel were left in harm’s way, even as the country’s president called us “demons”, our allies denied basic rights to woman and religious minorities, and polls showed intense anti-American sentiments. Hundreds of billions were spent to provide political cover for leaders who needed to show that they were tough on terror. Of course, many were made millionaires off the war while others paid the price on the ground. Roughly 75 percent of the fallen were from working class families. Now, a study by a conservative organization has shown that 73 percent of all U.S. Afghan War casualties have occurred since Jan. 20, 2009 when Obama was inaugurated. While another site shows slightly different numbers, the result is the same: most of the deaths have occurred under Obama (a fact that is seldom reported) Continue reading “Study: Almost 75 Percent of All Afghanistan Deaths Occurred Under Obama” →

Congress, Constitutional Law, Courts, Criminal law, Lawyering, Media, Politics

Public Interest Lawsuit Forces Disclosure Of Widespread Surveillance Violations By The NSA

President_Barack_ObamaNSA logoWhile it was not long ago that President Obama,  Director of National Intelligence James Clapper and other officials insisted that there was no illegal surveillance in the massive warrantless programs disclosed by Snowdon and others, new documents show that the National Security Agency not only violated the law for years but actively misled judges on the use of such illegal surveillance.  The programs covered millions of call records and was only acknowledged by the Administration after a lawsuit by civil libertarians — a lawsuit that it has tried to dismiss (like dozens of others tossed out at the demand of the Obama Administration).

Continue reading “Public Interest Lawsuit Forces Disclosure Of Widespread Surveillance Violations By The NSA” →

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

Kerry Suggests Assad Has One Week To Avoid Attack While Promising Obama Only Wants An “Unbelievably Small” Military Campaign

220px-John_Kerry_official_Secretary_of_State_portraitWe previously discussed the curious step of President Obama seeking approval for a new war while insisting that he does not need such authorization to attack Syria. Now, Secretary of State John Kerry has referred to a one week period for Syria to comply with U.S. demands or presumably face an attack. It so happens that the Senate is set to vote this week, but opposition in this country is extremely high to yet another military intervention by the Administration. Moreover, unsuccessful in his earlier pitch for a free war, Kerry is now trying to sell the world on an “unbelievably small” military campaign. The U.S. seems to be saying that President Obama just needs the world to let him attack briefly to show that he cannot be dismissed or mocked in his earlier red line announcement.  However, Kerry suggested a new red line in turning over control of the weapons and Russia has now announced that it will ask Syria to put chemical weapons under international control. That would undermine further the U.S. rationale for war if Russia says that it is moving to comply with Kerry’s demand. However, State Department handlers are trying to again walk back from the Secretary’s public statements.

Continue reading “Kerry Suggests Assad Has One Week To Avoid Attack While Promising Obama Only Wants An “Unbelievably Small” Military Campaign” →

Bizarre, Congress, Media, Military, Politics

NYT: Rebel Forces Composed Of Increasing Criminal and Extremist Forces

Rebels-thumbWide-v3A New York Times story is challenging the image advanced by the White House that the rebels forces are largely moderates who are worthy of yet another military intervention by the United States. The story recounts the latest massacre of captured Syrian soldiers as a commander reads a menacing prayer over their clearly beaten bodies before executing them in violation of international law.

Continue reading “NYT: Rebel Forces Composed Of Increasing Criminal and Extremist Forces” →

Bizarre, Congress, Military, Politics

Kerry: Free War!!!

220px-John_Kerry_official_Secretary_of_State_portrait187px-Vince_Offer_at_Rosebowl_FleamarketThis week Secretary of State John Kerry became the Sham-Wow man for the latest war by the United States. Here is how a Sham-War pitch works. Kerry announced that the Arab countries will pay for our entire war if we invade Syria. That’s right, we can simply rent out U.S. personnel like mercenaries for Saudi Arabia and Gulf nations. First we have Nancy Pelosi explaining the war literally in five-year-old terms and now John Kerry doing his imitation of Offer “Vince” Shlomi.

Continue reading “Kerry: Free War!!!” →

Congress, Constitutional Law, Military, Politics, Society

Once Upon A Time There Was An Imperial President. . . Pelosi Explains To Five-Year-Old Why We Are Again At War

220px-nancy_pelosiWe have been following the abandonment of virtually core liberal values by Rep. Nancy Pelosi in her adherence to the cult of personality surrounding Barack Obama. From her attack on privacy to her new enthusiasm for war, Pelosi is the truest believer of the true believers surrounding Obama in the Democratic Party. Now she has been sharing a charming little story of how “Mimi” explained to their grandson how we are now at war. It turns out it is all about the children . . . not about the chemical weapons or reports that Obama is playing to turn the tide of the losing war for the rebels. Sort of like Save The Children . . . but with cruise missiles.

Continue reading “Once Upon A Time There Was An Imperial President. . . Pelosi Explains To Five-Year-Old Why We Are Again At War” →

Congress, Constitutional Law, Military, Politics

Once More Unto The Breach, Dear Friends: Obama Seeks Sweeping Authorization In The Name Of “Limited” War

President_Barack_Obama220px-B-2_spirit_bombingWhile claiming that he just needs a “limited” war against Syria to back up his “red line” threat, President Barack Obama is actually seeking a far broader mandate from Congress. The authorization would allow Obama to take any action that he “determines to be necessary and appropriate in connection with the use of chemical weapons or other weapons of mass destruction in the conflict in Syria” as well as acting to “prevent or deter the use or proliferation” of the weapons or to “protect the United States and its allies and partners” from the weapons.”

Continue reading “Once More Unto The Breach, Dear Friends: Obama Seeks Sweeping Authorization In The Name Of “Limited” War” →

Congress, Constitutional Law, Courts, Criminal law, Justice, Lawyering, Media, Politics, Religion, Society

Higher Power or Else!

Submitted By: Mike Spindell, Guest Blogger

200px-HK_Central_Statue_Square_Legislative_Council_Building_n_Themis_sA story four days ago caught my attention and I thought I’d present it for discussion. In recent years many have claimed that there is a “war on religion” taking place in America. This “so-called war” has been the result of many rulings that have tried to enforce the cherished principle of “freedom of religion”, but of necessity could also be called “freedom from religion.” When I was young most of the stores in my neighborhood were required to close on Sunday, the Christian Sabbath. This was a hardship for Jews that celebrated their Sabbath on Saturday and Muslims that celebrated their Sabbaths on Friday. It affected Asian merchants, with their own native beliefs, that didn’t have a formal Sabbath. Many of these “blue laws” have been repealed because of the reality that they are showing preferential treatment to one particular religion, in a country that is made up of many religions and whose Constitution is believed by many to ban such preferential treatment.

The Supreme Court’s most important case on “blue laws” is McGowan vs. Maryland.

“The Supreme Court of the United States held in its landmark case, McGowan v. Maryland (1961), that Maryland‘s blue laws violated neither the Free Exercise Clause nor the Establishment Clause of the First Amendment to the United States Constitution. It approved the state’s blue law restricting commercial activities on Sunday, noting that while such laws originated to encourage attendance at Christian churches, the contemporary Maryland laws were intended to serve “to provide a uniform day of rest for all citizens” on a secular basis and to promote the secular values of “health, safety, recreation, and general well-being” through a common day of rest. That this day coincides with Christian Sabbath is not a bar to the state’s secular goals; it neither reduces its effectiveness for secular purposes nor prevents adherents of other religions from observing their own holy days.[9]

There were four landmark Sunday-law cases altogether in 1961. The other three were Gallagher v. Crown Kosher Super Market of Mass., Inc., 366 U.S. 617 (1961); Braunfeld v. Brown, 366 U.S. 599 (1961); Two Guys from Harrison vs. McGinley, 366 U.S. 582 (1961). http://en.wikipedia.org/wiki/Blue_laws

I personally disagree with the SCOTUS decision in these cases and think that the logic used is disingenuous. The purpose of the Sunday “blue laws” was of course to promote religious attendance and encourage that attendance at Christian services on Sunday. A secondary reason was one of respect to Christianity and its belief that the Sabbath day of rest demanded in the Ten Commandments was Sunday. To say that it was to serve as a “uniform day of rest for all citizens” is frankly an untruth and adds intent to these laws that was never present in their imposition. This week though another ruling came down in what I see as a related case involving what I see as our right to have “freedom from religion” and I would like to add that to the discussion. Continue reading “Higher Power or Else!” →

Congress, Constitutional Law, Politics, Society

Pelosi: Real Liberals Want War?

220px-nancy_pelosi220px-B-2_spirit_bombingIn the cult of personality surrounding President Barack Obama, the ultimate test of loyalty is to shoot a cherish value. No one has proven herself more blindly loyal than House Minority Leader Nancy Pelosi who previously led the fight to kill privacy in America as a demonstration of absolute fealty. Now, Pelosi appears to be advocating military action. In a meeting with the White House. Pelosi voiced the need for action. Presumably, this means military action — again — because Obama said that the use of chemical weapons would be a redline and of course Obama is not to be mocked. It is a test that England appears to have failed and now there is a concern that the White House views England with suspicion and distrust for balking at war.

Continue reading “Pelosi: Real Liberals Want War?” →

Congress, Constitutional Law, Military, Politics, Society

What If We Gave A War And No One Came? English Parliament Rejects Move To War

220px-Houses.of.parliament.overall.arpPresident_Barack_ObamaIn the 1930s, Bertolt Brecht asked in a poem  “What if they gave a war and nobody came?”  The question today is of course silly.  The United States will always be there for a war.  In the first rejection of a request for military action since 1782, the Parliament voted 285 to 272 against approving a military strike against Syria.  Undeterred, the White House today is saying that it is considering just bombing the country on its own and throwing aside any pretense of an international effort. By the way, that last time Parliament refused further military action was when the Crown was fighting a collection of colonies in the New World who, after independence, strongly opposed “foreign entanglements” and military ventures.  The United States of America.

Continue reading “What If We Gave A War And No One Came? English Parliament Rejects Move To War” →