Sen. Lindsey Graham, R-S.C., shocked many yesterday when he went public to muse over the question of whether bloggers “deserve First Amendment protection? These are the issues of our times.” Actually, it may be a question for Lindsey Graham but it is not a question of our time. Bloggers are clearly entitled to first amendment rights as are other citizens. Graham appears to be trying to raise the question of whether they are entitled to protections accorded journalists under a federal shield law.
Category: Congress
The Obama Administration has once again reaffirmed the new relativism controlling Washington in the nomination of James Comey as the next director of the Federal Bureau of Investigation, even as it struggles to put out the controversy over its attack on free press principles. Comey was a critical player in the abuse warrantless surveillance program of the Bush Administration and will now be put in charge of the people carrying out such surveillance. The Administration has been spinning the nomination by pointing out that it was Comey who opposed efforts of the Bush White House in a famous confrontation by the hospital bed of the Attorney General John Ashcroft. However, while that was admirable, Comey did what all officials in his position are duty bound to do (though few in the Bush Administration fulfilled that obligation). Comey however also was critical in other abuses of warrantless surveillance as well as the abusive treatment of Jose Padilla and Plamegate. He is no hero for civil libertarians by any measure.
Continue reading “The One-Eyed Man In the Land Of The Blind: James Comey Set To Be Next FBI Director Despite Past Civil Liberties Controversies”
Respectfully submitted by Lawrence E. Rafferty (rafflaw)-Guest Blogger
Over the years we have heard the stories about Supreme Court justices coming under fire for attending political rallies and symposiums and for taking gifts from political organizations. Abe Fortas and his subsequent resignation from the Supreme Court is one instance that comes to mind. More recently, of course, Justice Clarence Thomas’ exploits come to mind. “Justice Clarence Thomas is an ethics problem in a black robe. Just eight months after ThinkProgress broke the story of Thomas’ attendance at a Koch-sponsored political fundraiser, we learn that Thomas doesn’t just do unethical favors for wealthy right-wing donors — they also do expensive favors for him.
Leading conservative donor Harlan Crow, whose company often litigates in federal court, provided $500,000 to allow Thomas’s wife to start a Tea Party group and he once gave Thomas a $19,000 Bible that belonged to Frederick Douglass. The American Enterprise Institute, a conservative think tank which frequently files briefs in Thomas’ Court, also gave Thomas a $15,000 gift.” Think Progress
What we may have missed in those earlier discussions is how important the lower courts and appeals court judges are in enforcing corporate or political legislation and policies. What would you say if corporations and partisan foundations or think tanks and oil companies were deeply involved in making sure the judges know who their real “friends” are? Continue reading “It’s All About the Judges”
Submitted by: Mike Spindell, Guest Blogger
When I started as a college student about 50 years ago I took the Sociology I course as a required subject. There is little I remember from that course and less I remember about the instructor, except for his introductory words on the first day of class. To paraphrase him he said: “You will be taking a lot of courses in what are called the Social Sciences. Approach them all, including mine, with skepticism because they really aren’t science courses like those you’ve learned as a high school student. They will spend a lot of lecture time though trying to prove they are truly scientific, don’t believe them”. His clear meaning was that although the Social Sciences try to operate as if they are using the scientific method of experiments/research to prove theories, most of the work done is skewed to prove the theory of choice by those doing the research. In the five decades since that lecture my own experience and reading has taught me how true the advice from that long forgotten Sociology instructor is.
The social science that has my attention at the moment is Economics. I’ve read many an economist, from all points on the political spectrum and frankly while I favor those such as Krugman and Baker, I take most of what they say as opinion, rather than scientifically determined truth. Yes I’ve even read “Freakonomics” by Levitt and Dubner and the follow-up “Superfreakonomics” and while they were good reads I see them as not only bad science, but a conflation of economics with other social sciences that is superficial at best. This is really the problem with many economists and their theories. They presume to divine human behavior via the prism of economic theory. In the end their proofs are merely retrofitting their pre-judgments. That brings me to the “Austerity” movement which has hampered the recovery from the economic “depression” brought on by the wars and tax reductions of the Bush years, while it has also caused a crisis worldwide through its imposition upon many nations. The foundation research that has justified this “Austerity” movement came from two Harvard Professors: Carmen Reinhart and Kenneth Rogoff. A University of Massachusetts student Thomas Herndon found that their work was filled with mathematical errors in their research spreadsheets. http://www.huffingtonpost.com/2013/04/16/reinhart-rogoff-austerity-research-errors_n_3094015.html Their spreadsheets were their “proofs” that economic austerity promotes economic recovery and this theory, long held by many economists, is the basis for the imposition of austerity onto so many Nation’s economies and is the source of bitter national debate in our own. Though I will present some overview and links amplifying “austerity’s” false assumptions, my interest is in presenting my view on why the powers that be have imposed this doctrine, whose effects fall squarely upon 99% of the people of these nations, leaving the wealthiest unscathed. Continue reading “The Austerity Conspiracy”
Submitted by: Mike Spindell, guest blogger
The idea for this guest blog came from Anonymously Yours, who has been around at Jonathan Turley’s Blog, for at least as long as I have. We have had an E Mail relationship, offline for many years. He sent me the link that I’ll be basically using and I think his judgment was on the money. The topic is George Washington’s Farewell Address, how prescient our First President was and how much good advice he gave that we should heed today, after the passage of 218 years.
Like every other American child what I learned about George Washington came from school and little else. When I started learning about him and the revolutionary war, it was common when speaking about him to call him “The Father of Our Country”. As the years passed this description has seemingly fallen out of consciousness and we usually only see him referenced wearing a white wig and a tri-corn hat on President’s Day selling cars. Certainly too, as my education progressed through High School and College, the view of Washington as one of our Founding Father’s was diminished as compared to his more glamorous and brilliant cohort among the Founding Fathers, Jefferson, Franklin and Madison. It is easy to see why this change came about. When you think of Washington, most would see the famous portrait I’ve used as a picture above. The portrait shows a prim-mouthed, rather dour man with a wig. History has given us certain personal details like his famous wooden false teeth. History has also supplied a childish, hagiographic mythology that he never told a lie and threw a coin across the Potomac. There is even some debate about his competence as a General. Indeed, the traitor Benedict Arnold is considered by many to be the best military mind on our side during the Revolution.
So when AY sent me his E Mail, I was at first skeptical about the project until I read the link. While in some sense I knew about his Farewell Address in the back of my mind, rereading it and the commentary on it caused me to rethink George Washington. As I see now he was a great man, in a true sense and he at least gave this country a good start. He also made a contribution regarding how he felt this country should comport itself that is relevant today, although certainly not heeded. Let’s explore Washington’s message and see what wisdom we can draw from it today, or should have drawn in the ensuing 218 years since it was written. Continue reading “The Father of Our Country”
Here is today’s column in USA Today calling for the firing of Attorney General Eric Holder (I have added a couple lines removed in editing). Holder is not the only individual who needs to leave federal office but he is the first. Equally responsible are his deputy, James Cole, and Ronald Machen Jr., the U.S. attorney for the District of Columbia who played critical roles in the investigation of journalists with Associated Press and Fox News. Notably, Obama reportedly “fired” IRS Director Steve Miller (who was reportedly already leaving) over the IRS scandal though there is no indication of any knowledge on his part. In Holder’s case, he was personally involved in targeting journalists (in the Fox case) and launched an attack on the media that has been condemned by a wide array of public interest and media groups. Yet, Holder has been asked to hold a simple meeting with aggrieved media representatives by Obama.
While Attorney General Eric Holder is legitimately taking the heat for his scorched Earth policy toward journalists and whistleblowers. His deputy, Jim Coles, is also being criticized for signing off on the investigation of the Associated Press. However, a third prosecutor has largely escaped attention in the scandal and is equally worthy of immediate termination for his role in this scandal. He is Ronald Machen Jr., the U.S. attorney for the District of Columbia. As with Holder, Machen was a friend and campaign contributor to Obama when he was selected to serve as U.S. Attorney. He proceeded to discard any concern for the freedom of the press in his investigation, particularly his pursuit of sources for Fox reporter James Rosen. He was also involved in the refusal to prosecute Holder for contempt of Congress in refusing to turn over critical documents in the “Fast and Furious” scandal.
Continue reading “Meet Ronald Machen: The Obama Administration’s Media Menace”
Respectfully submitted by Lawrence E. Rafferty (rafflaw)-Guest Blogger
Recently I wrote an article that discussed how the FDIC and the Bank of England had written a joint paper agreeing on how to deal with failing large banks in the post Dodd-Frank world. Banksters In my research for a follow-up to that article, I discovered that Congress was busy at work trying to do everything in its power to water down or eviscerate Dodd-Frank. I guess I should not be surprised that Congress might be trying to defeat a law that was passed in an attempt to make sure that ordinary citizens would not be asked to bail out the large banks once again. While Dodd-Frank is far from perfect, it is a step in the right direction. At least for the taxpayers. Continue reading “Do the Big Banks Control Everything?”
Below is today’s column in the Washington Post’s Outlook Section on the dangers of America’s growing administrative state. Ask any elementary student and you will hear how the Framers carefully designed a tripartite, or three-branch, system to govern the United States. This separation of powers was meant to protect citizens from tyranny by making every branch dependent on each other to carry out the functions of government. These three branches held together through a type of outward pressure – each holding the other in place through their countervailing forces. Add a fourth branch and the structure begins to collapse. That is precisely what is happening as federal agencies grow beyond the traditional controls and oversight of the legislative and executive branches. The question is how a tripartite system can function as a quadripartite system. The answer, as demonstrated by the last two decades, is not well. The shift from a tripartite to a quadripartite system is not the result of simply the growth in the size of the government. Rather, it is a concern with the degree of independence and autonomy in the fourth branch that led me to write this column.
Continue reading “The Rise of the Fourth Branch of Government”
Submitted by: Mike Spindell, guest blogger
About one year into Barack Obama’s first term as President I began calling the White House demanding that Attorney General Eric Holder should be fired. I was disturbed by the lack of prosecutions and by the trend towards stricter enforcement of the Drug Laws. Clearly this was not the change I envisioned from a Constitutional Law professor, or his Attorney General. I guess my support in the election wasn’t important enough to get The President to hear my plea to rid himself and us, of both Holder and Geithner. Here we are now more than four years later and both of these bozos are still on the job and doing harm to our Constitution and our economy. With the Associated Press eavesdropping scandal we have just the latest contretemps committed by the Justice Department and its hapless leader. Having lived through Attorney General’s John Mitchell and Ed Meese, I understand full well the importance of the position and how if it is filled with the wrong man mischief will arise. Eric Holder is in the tradition of both these men since he too seems nonplussed when it comes to upholding the constitution. This article was in reaction to reading about Holder signing off on the AP probe in Thursday’s Huffington Post, I give credit to them for this story and I will provide links. Here are six instances of Holder’s using his office to achieve what I see as disastrously wrong actions. Continue reading “Eric Holder Should Go!”
Rep. Scott DesJarlais (R-TN) is a pro-life Republican who has long run on family values. Those values however were no where in sight in the recent findings of the Tennessee Board of Medical Examiners which ordered DesJarlais to pay a fine for having sexual relations with patients and allegedly pressuring one patient to get an abortion. However, the cost of such conduct will be $500.
I have previously stated that I fail to see the basis for criminal charges in the IRS scandal. Prior administrations have faced allegations of targeting opposing groups and such matters have been treated as abuses but not crimes. Yet, various news sites are reporting this morning that Lois Lerner, the director of the IRS division, will invoke the Fifth Amendment before the House Oversight and Government Reform Committee. Her counsel asked the Committee to withdraw the demand for her testimony in light of her intention to refuse to testify on the grounds that it may incriminate her.
Continue reading “Top IRS Official To Invoke Fifth Amendment Before Congress”
As the scandal over the attack on the press continues in the Associated Press investigation, another such attack has come to light. The Obama Administration in 2010 investigated Fox News correspondent Jeff Rosen and the FBI treated him as “at the very least, either as an aider, abettor and/or co-conspirator” for merely speaking with a source. It was a perfectly Nixonian moment — yet another example of how Obama has adopted many of the same abuses as Richard Nixon. While journalists, public interest groups, and even Democratic members have denounced the attack on the media in the Associated Press investigation, Obama stepped forward to defend the investigation and praise the work of the Justice Department. He doubled down on those complaining about his Administration’s shocking record on whistleblowers and reporters by saying that he would make “no apologies” for the greatest attack on the media in decades.
I have previously testified and written about President Barack Obama’s use of recess appointments, which I viewed as flagrantly unconstitutional. Recently, the D.C. Circuit agreed with that view and found that the Obama Administration had violated the recess appointment powers. Now a second appellate court has joined that view, the United States Court of Appeals for the Third Circuit. I have two law review articles coming out on these appointments and more broadly the abuse of recess appointment powers in modern presidencies. 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)
Continue reading “Obama Recess Appointments Found Unconstitutional By Second Appellate Court”
Many of us have raised concern over the same voices in Congress who called for attacking Iraq, Libya, and other countries are now calling for yet another intervention in Syria. While many of the Syrian rebels forces have been tied to extreme Islamic groups, senators like John McCain and others want us to send weapons to these forces. This could be a repeat of what we saw in Afghanistan where we trained and equipped radical groups that then turned on the United States. The video below captures just how strange our bedfellows in Syria may be with a leading commander filmed as he ate the heart cut out of a Syrian soldier. The video shows how little we know about many of these groups and the increased savagery on both sides of this civil war. The video shows Abu Sakkar – the prominent founder of rebel group Farouq Brigade.