New Mexico Rep. Cathrynn Brown (R) has introduced House Bill 206, a bill that would make it a crime a rape victim to get an abortion as destruction of evidence of a crime. Brown is a lawyer and a member of the judiciary committee. She is also an ardent pro-life legislator who has made eliminating abortion (and “debunking” global warming) a mission. and, after a national outcry, says that the bill was poorly drafted will be changed to address the public concerns.
Category: Congress
We have previously discussed how Congress and the White House have yielded to demand for increasing copyright and trademark restrictions, including criminal prosecutions of ordinary citizens. One of my longest complaints is how people and businesses now claim ownership of common symbols and phrases. (here and here). This week we have two parties in a fight to claim trademark over a common expression. Roy Fox of Pendleton, Indiana secured a copyright to the term “Harbowl” last year to make money off of a Superbowl with the Baltimore Ravens under coach John Harbaugh and San Francisco 49ers under coach Jim Harbaugh. He was then muscled out of his trademark by NFL lawyers claiming to own the term “Superbowl.”
Continue reading “NFL Crushes Indiana Man Who Claimed Ownership Of “Harbowl””
Below is my column today in USA Today on the Inauguration Speech of President Obama. Unfortunately, my family got back and reported that the Jumbotron or giant screen was malfunctioning so they missed the entire inauguration speech. Thousands of people were similarly deprived by whatever contractor was handling the screen — a terrible disappointment for thousands who came from all over the country.
Here is the column.
Continue reading “The Obama Inauguration: A Case Of Hope Over Experience”
Respectfully submitted by Lawrence E. Rafferty(rafflaw)-Guest Blogger
On the eve of President Obama’s Inauguration for his second term, I thought it might be useful to look more closely at one of his policies that is not working for students or parents. I am referring to his educational policy, better know by its marketing name, Race to the Top. This “quaint” title for his corporate backed privatizing plan hides the negative impact it has had in the schools themselves. It is has led to school closings and teacher firings for the sole purpose of school districts being eligible for the Race to the Top grants from the Federal government! Continue reading “Obama’s Race to the Bottom”
Submitted by: Mike Spindell, guest blogger
While I’m not a lawyer, I do write for this legal blog by the invitation of its creator Jonathan Turley. I first arrived on the scene here many years ago because since the age of ten I have had been interested in the nature of the broad spectrum of civil rights issues faced by this country. My interest became an obsession at the age of ten. My parents, who were quite liberal, allowed me to stay up way past my bedtime to watch Ed Murrow bravely attack Sen. Joseph McCarthy for his Communist Witch Hunt, by documenting the anti-constitutional excesses he used to destroy people’s lives and careers. Months later they kept me home from school to watch the Army/McCarthy Hearings which directly led to McCarthy’s downfall. On our twelve inch, black and white TV I watched this famous scene:
“On June 9, 1954, the 30th day of the Army–McCarthy hearings, McCarthy accused Fred Fisher, one of the junior attorneys at Welch’s law firm, of associating while in law school with the National Lawyers Guild (NLG), a group which J. Edgar Hoover sought to have the U.S. Attorney General designate as a Communist front organization. Welch had privately discussed the matter with Fisher and the two agreed Fisher should withdraw from the hearings. Welch dismissed Fisher’s association with the NLG as a youthful indiscretion and attacked McCarthy for naming the young man before a nationwide television audience without prior warning or previous agreement to do so:
“Until this moment, Senator, I think I have never really gauged your cruelty or your recklessness. Fred Fisher is a young man who went to the Harvard Law School and came into my firm and is starting what looks to be a brilliant career with us. Little did I dream you could be so reckless and so cruel as to do an injury to that lad. It is true he is still with Hale and Dorr. It is true that he will continue to be with Hale and Dorr. It is, I regret to say, equally true that I fear he shall always bear a scar needlessly inflicted by you. If it were in my power to forgive you for your reckless cruelty I would do so. I like to think I am a gentle man but your forgiveness will have to come from someone other than me.”
When McCarthy tried to renew his attack, Welch interrupted him:
“Senator, may we not drop this? We know he belonged to the Lawyers Guild. Let us not assassinate this lad further, Senator. You’ve done enough. Have you no sense of decency, sir? At long last, have you left no sense of decency?”
McCarthy tried to ask Welch another question about Fisher, and Welch cut him off:
“Mr. McCarthy, I will not discuss this further with you. You have sat within six feet of me and could have asked me about Fred Fisher. You have seen fit to bring it out. And if there is a God in Heaven it will do neither you nor your cause any good. I will not discuss it further.”
The gallery erupted in applause.”
The drama of this distinguished lawyer chastising one of the most powerful men in the United States and silencing his cruelty was one of the defining moments of my life. It spurred a lifelong interest in the Constitution, the Law and the rights of the American People. Today, among other ills, I believe that our American Criminal Justice System is broken. Let me explain why I believe that. Continue reading “America’s Broken Criminal Justice System”
John Cusack and I had a dialogue last year about civil liberties and other issues. John previously ran a second interview (actually half of a second interview) on Huffington Post. Huffington has now published the second half of this last interview. With the death of Aaron Swartz this month, the Assange case takes on even greater significance for many. Below is the full interview if you want to read it without edits for space.
Respectfully submitted by Lawrence E. Rafferty (rafflaw)-Guest Blogger
I guess it should not come as a surprise to me anymore. However, it still upsets me to see a military defense contractor trying to deflect blame for the damages its negligence caused to members of our military while serving in Iraq or Afghanistan. In a news item that I didn’t notice until a few days after it broke, Huffington Post reported that the defense contractor, KBR, was found negligent and responsible for the poisoning of a dozen soldiers in Iraq in 2003. Over 800 members of both regular and reserve units were stationed at an Iraqi water treatment plant to secure it and they were exposed regularly to a dangerous carcinogen called Sodium Dichromate. The impact on the soldiers and Guardsmen’s negligent exposure to that “extreme carcinogen” was both devastating and deadly.
“Sodium dichromate is an orange-yellowish substance containing hexavalent chromium, an anti-corrosion chemical. To Lt. Col. James Gentry of the Indiana National Guard, who was stationed at the Qarmat Ali water treatment center in Iraq just after the 2003 U.S. invasion, it was “just different-colored sand.” In their first few months at the base, soldiers were told by KBR contractors running the facility the substance was no worse than a mild irritant. Gentry was one of approximately 830 service members, including active-duty soldiers and members of the National Guard and reserve units from Indiana, South Carolina, West Virginia and Oregon, assigned to secure the water treatment plant, according to the Department of Veterans Affairs.
Sodium dichromate is not a mild irritant. It is an extreme carcinogen. In November 2009, at age 52, Gentry died of cancer. The VA affirmed two months later that his death was service-related. In November, a jury found KBR, the military’s largest contractor, guilty of negligence in the poisoning of a dozen soldiers, and ordered the company to pay $85 million in damages. Jurors found KBR knew both of the presence and toxicity of the chemical. Other lawsuits against KBR are pending.” Huffington Post Continue reading “KBR, Iraq and the Cost to Vets and the US”
Submitted by: Mike Spindell, Guest Blogger
Those who’ve read my comments here through the last two Presidential elections, know that I supported and voted for Barack Obama twice. Yet President Obama has been a disappointment to me throughout his Administration. His continuing support of what I consider extra-Constitutional intelligence gathering is a terrible thing. That Guantanamo Bay is still functioning is a continuing human rights violation. The continued American troop presence in both Iraq and Afghanistan is as disgraceful as the reasons that caused us to be there in the first place. Bradley Manning is an American hero that this country is illegally torturing with this President’s approval. The entire issue of the rising deficit and of a mythical “Fiscal Cliff” is one the President gives credit to, thus making it seem real to the public, while those decrying it merely are using it as a means of destroying America’s already frayed “social safety net”. The escape from criminal prosecution of the Bush Administration for War Crimes time has passed. The financial titans who collapsed our economy with their fraudulent manipulations will not be brought to justice, only become wealthier. The continuance of prosecuting the “War on Drugs” after we’ve seen marvelous public initiatives legalizing marijuana at State Levels, is a cruel hoax that destroys the lives of people in the name of protecting the citizenry. Need I go on to make the point of how disappointing this Administration has been? It would take tens of thousands of more words to do so, but then in this erudite group of those readers of this blog, it would be unnecessary, because so many here could do it on their own and perhaps better than I can.
Where I get confused at times here is in the continuing surprise that is expressed with each new violation of our rights, with each new foreign incursion and with the continued militarization of this country as it “goosesteps” towards the creation of an Empire. I get confused because I fail to understand why people who know better, would think that someone else as President could prevent all of these atrocious occurrences. This confusion is re-enforced by the fact that this blog has continually presented evidence that this country is no longer, if indeed it has been, under the aegis of our beloved Constitution. Leading the evidence presented here was Jonathan Turley’s blog post ”10 Reasons The U.S. Is No Longer The Land Of The Free”. http://jonathanturley.org/2012/01/15/10-reasons-the-u-s-is-no-longer-the-land-of-the-free/ As our esteemed proprietor followed up this post was selected as one of the top ten articles in the Washington Post’s Outlook Section for 2012. At the end of this piece I will give links to my own guest blogs which have also reinforced the idea that we are no longer the country of freedom that our establishment claims we represent. Thus comes my somewhat confused question as to why would we the denizens of this blog think that barring action by the people, that our President, or any other governmental officials could single-highhandedly return us to the ideals of our constitution. Continue reading “President Obama Disappoints, Why the Surprise?”
Respectfully submitted by Lawrence E. Rafferty (rafflaw)-Guest Blogger
It is always rare in Washington these days when a bipartisan majority passes any bill in the House of Representatives or the Senate. However, while most of the media interest last week was fixed on the so-called “fiscal cliff” negotiations and the subsequent legislation that was passed and signed into law, maybe the media missed the more important legislation. That missed legislation was a 5 year extension of the FISA amendments that was granted by the Senate in a bipartisan 72-23 vote last week. “The Senate voted 72-23 last week to extend the FISA Amendments Act another five years, which President Obama signed Sunday. Unfortunately, the public discussion of George W. Bush’s warrantless wiretapping program may soon fade back into the shadows.” ACLU
This is a continuation of the same Bush-era FISA bill that was alleged to spy on almost anyone’s electronic communication, all without warrants. So, instead of sunshine being used to bring some accountability and transparency to this secret spying, for Five more years, American’s phone calls and text messages can be monitored almost at will by the government with little or no judicial restraint. What is Congress and the Intelligence community hiding from the American people? Continue reading “FISA Extension Gets a Bipartisan Pass”
The Wisconsin-based Freedom from Religion Foundation (FFRF) has filed a lawsuit with the Internal Revenue Service that raises an interesting question. The group challenges the government’s different treatment of religious and non-religious non-for-profit organizations. While tax-exempt 501(c)(3) nonprofit organizations must file a detailed application form, fee and annual information to obtain and maintain their tax-exempt status, churches and other religious organizations are exempted from the requirement to file the reports and fees. The lawsuit alleges that the added expensive and detailed paperwork is a form of discrimination against non-religious groups.
Continue reading “Group Challenges Different Treatment By IRS of Religious and Non-Religious Groups”
For months, I have criticized the tax policies of France’s Socialist President Francois Hollande, particularly the confiscatory 75 percent tax rate for the wealthiest French. In addition to being in my view unfair, it is extremely bad economic policy. France’s Constitutional Council now appears to agree — at least on the equitable side. On Saturday, the Council rejected a 75 percent upper income tax rate on annual income above 1 million euros ($1.32 million) as an unfair treatment of different households. Popular figures like French actor Gerard Depardieu have opposed the tax and even left the country. The French experience should get some in the United States to dial down on our own over-heated rhetoric on economic policy. (Yes, I will now vent a bit on economic policy).
Continue reading “Liberté,Egalité, Fraternité: French Court Strikes Down 75 Percent Tax on Rich”
Best wishes to everyone celebrating Christmas and Hanukkah. Continue reading “Merry Christmas!!!”
Respectfully submitted by Lawrence E. Rafferty (rafflaw)- Guest Blogger
Lost in the headlines about the Fiscal Cliff and the tragedy at the Sandy Hook Elementary School, was the gubernatorial appointment to the United States Senate seat being vacated by Sen. Jim DeMint. Sen. DeMint was arguably the Tea Party’s Senator and his impending departure from the Senate to accept the position to head up the Heritage Foundation would have left a gaping hole in the Tea Party’s influence in the Senate. There is nothing to worry about because South Carolina Governor Nikki Haley named Tea Party Congressman Tim Scott to replace DeMint in the Senate. Rep. Scott was just elected to the House of Representatives in 2010 and has already made a big name for himself in the Tea Party world by suggesting that President Obama should be impeached if Obama attempted to go around the House of Representatives during the last debt ceiling fiasco! Continue reading “The Latest Tea Party Darling”
Submitted by: Mike Spindell, guest blogger
I don’t know about you but I was certainly happy that I woke up this morning. For a few years now there has been great speculation that the world was going to end yesterday. As I fell asleep about 1:00pm last night it was with knowing that in Mexico it was three hours earlier and so that the dread prediction of the world’s end by the Mayan Calendar still may have been possible. The whole idea was a blatant misrepresentation of Mayan belief and hoax-like, yet that didn’t prevent many from making this non-story into yet another way to frighten people. Frightening people with made-up nonsense seems to be a human trait and certainly has been exploited throughout history for one sort of gain or another.
Fear not though, because just as the collective We has just bitten one bullet, another comes along to frighten us once again with disaster and that “disaster” will occur on December 31, 2012, as we come to the end of another turmoil ridden year in societal intercourse. I’m writing, of course, about the “Looming Fiscal Cliff” that has been so very prominent in what our mainstream media calls “news and commentary” and our leaders of both parties call governance. My opinion and that of many others with far more economic expertise than myself, is that the “Fiscal Cliff” is a mere “bogeyman”, used by those politicians on the Right and the Left as leverage to accomplish their particular political agendas.
Since one of the interests of this blog is the Constitution and the consequent Rule of Law that should be its’ result, this comes within our purview because serious issues of national interest are being driven by false mythology grown to myth like proportion. Let’s look at what is behind this mythology and its propaganda. Continue reading ““The Fiscal Cliff” an Example of Myth and Propaganda”
We have repeatedly discussed the absurdity of U.S. copyright laws and how law firms have become virtual thug patrols threatening average citizens with ruin over small copyright violations. President Obama has been repeatedly criticized for being in the pocket of “copyright hawks” and lobbyists who have used the Administration to increase the penalties and scope of these laws. The Congress has also been a virtual extension of industry groups and lobbyists in the area. For that reason, many people were shocked when Rep. Jim Jordan published a critical report entitled RSC Policy Brief: Three Myths about Copyright Law and Where to Start to Fix it.” It was a strong condemnation of how these laws are not stifling creativity and various industries. It was the first such report anyone could remember that was not written by lobbyists for draconian copyright laws. Then it was gone. Gone. According to various sites, the eight page document was removed from the website. Some sites opined that the various industry groups saw it and quashed it — but not before some sites like the one below copied it.
Continue reading “Congress Posts Critical Copyright Report . . . Then It Vanishes”