Category: Congress

Congress, Constitutional Law, Courts, Criminal law, Justice, Politics

Banks Have the Federal Prison System Handcuffed

department of treasury

Respectfully submitted by Lawrence E. Rafferty (rafflaw) Weekend Contributor

I have written in the past about our large financial institutions and their uncanny ability to break the law and escape any criminal penalties at the corporate or personal level.  If the Department of Justice had actually indicted a Bank of America official and procured a criminal conviction, that Bank of America official could have assisted the corporate office in their no-bid contract to handle all of the federal prison systems inmate financial services and email services.

“A few blocks north, however, at the New York Metropolitan Correctional Center, there exists a market that Bank of America has locked down, literally. For the 790 federal prisoners incarcerated at MCC, Bank of America controls the provision of money transfers, e-messaging and some telephone services.

The bank’s monopoly extends across the federal Bureau of Prisons system—121 institutions housing 214,365 inmates. Since 2000, Bank of America has collected at least $76.3 million for its work on the program.” Readersupportednews  That would be $76.3 Million dollars in the Bank of America coffers without any need or worry about having to compete for this latest sweetheart deal.  Continue reading “Banks Have the Federal Prison System Handcuffed” →

Columns, Congress, Constitutional Law, Criminal law, Free Speech, International, Justice, Lawyering, Media, Politics, Society

The Holder Years and The Perils Of Politics Over Principle In Government

holderericBelow is my column on the resignation of Eric Holder as United States Attorney General. For civil libertarians, Holder’s tenure as Attorney General under President Obama has been one of the most damaging periods in our history with a comprehensive attack on various constitutional rights and principles from free speech to the free press to international law. In recent polling by NBC and the Wall Street Journal, Holder was the second most unpopular government official after the positively radioactive Arizona Sheriff Joe Arpaio.

As someone who previously called for Holder’s firing after the investigation of various journalists under national security powers, I am hardly one who can offer congratulatory sentiments for such a record. However, much like President Obama, one has to wonder what could have been if Holder had chosen a more principled and less political approach to his office. Holder is resigning the same week that a federal judge ordered the release of “Fast and Furious” documents after the Justice Department was accused of a pattern of delay and obstruction. Holder was previously held in contempt by Congress for his withholding documents and conflicting accounts to an oversight committee looking into the scandal. Indeed, Holder was looking at an even more aggressive period with the possible loss of the Senate and increased GOP seats in the House.

Ironically, Holder came into office trying to distinguish himself from such disastrous predecessors as Alberto Gonzales but proved no less political or blindly loyal to his own president. Indeed, both men fought aggressively to expand the powers of the presidency and national security laws over countervailing individual rights and separation of powers principles. It will be civil liberties and not civil rights that will be the lasting, and troubling, legacy of Eric Holder. The column is below:

Continue reading “The Holder Years and The Perils Of Politics Over Principle In Government” →

Congress, Courts, Media, Politics

Ginsburg: Obama Cannot Guarantee A Replacement For “Someone Like Me”

225px-ruth_bader_ginsburg_scotus_photo_portraitI have been previously critical of Supreme Court Justice Ruth Bader Ginsburg’s public speeches and interviews (as well as those of some of her colleague’s like Justice Scalia). Ginsburg has again crossed the line of judicial decorum in my view with yet another interview. In this case, she openly discusses the danger of Republican influence on any replacement in the context of her decision to stay on the Court. The interview with Elle magazine is another public appearance that continues the corrosive influence of politics on the Court and the maintenance of political contingencies by some of the justices.

Continue reading “Ginsburg: Obama Cannot Guarantee A Replacement For “Someone Like Me”” →

Congress, Constitutional Law, International, Military, Politics

United States Bombs Syria In Latest Undeclared War

220px-B-2_spirit_bombingPresident_Barack_ObamaI just completed a two-city debate with former Bush official John Yoo on executive power with a focus on undeclared wars. It appears Yoo won the debate . . . at least with President Obama. Indeed, Yoo appears to have had Obama at “hello” to quote Jerry Maguire. Without any declaration of war, Obama has launched attacks against targets in Syria — an act of war by any measure and a violation of international law.

Continue reading “United States Bombs Syria In Latest Undeclared War” →

Congress, Constitutional Law, International, Politics

Got War? Yoo and Stephens Rally A Coalition Of The War Willing

220px-Bret_Stephens180px-john-yooToday I had my second debate with Berkeley Law Professor and former Bush official John Yoo. The first debate sponsored by Christopher Newport University was held in Newport News four days ago and the second was sponsored by Hillsdale College at a debate held in Washington, D.C. There is a clear theme emerging to get Americans to embrace war as a continuing reality for American policy. Equally notable is how well-connected Republicans are returning over and over to another theme: Rand Paul must be stopped. In his luncheon speech, Bret Stephens of The Wall Street Journal repeatedly mocked Rand Paul and his opposition to the United States engaging in wars around the globe. It seems that there is a real fear that Paul could gain traction with Republicans in steering the U.S. from an interventionist course. There are many positions of Paul that people of good faith can disagree with. I certainly have such differences with him. However, it is specifically his notion of limited presidential authority and a disinclination toward new wars that is the focus of these attacks.

Continue reading “Got War? Yoo and Stephens Rally A Coalition Of The War Willing” →

Bizarre, Congress, Constitutional Law, Courts, Lawyering

High Crimes and [NFL] Misdemeanors? Members Raise Impeachment In Fuller Case

fuller-mugshotWe previously discussed the arrest of U.S. District Judge Mark Fuller in Alabama for misdemeanor battery of his wife. Now members are raising the possibility of impeachment if he does not resign despite the absence of a conviction on the misdemeanor. Rep. Martha Roby (R., Alabama) is citing a rather novel source of extraconstitutional precedent: the NFL Ray Rice case.

Continue reading “High Crimes and [NFL] Misdemeanors? Members Raise Impeachment In Fuller Case” →

Bizarre, Congress, Constitutional Law, International, Politics, Society

Drumbeat: Senator Graham Warns That “We All Get Killed” If We Do Not Go To War While Ex-NSA Director Compares Air Attacks To “Casual Sex”

250px-Michael_Hayden,_CIA_official_portrait225px-Lindsey_Graham,_official_Senate_photo_portrait,_2006This was beginning to sound too familiar. A president is calling for a new war based on his inherent authority while members of Congress warn that it is war or death for America. However, former NSA director (and my neighbor) Michael Hayden added a new element: explaining that air power is like “casual sex” and that we need greater commitment than the military equivalent to a one night stand. Of course, this one night stand is expected to last months and cost billions. President Obama has already asked for $500 million to just arm Syrian rebels despite the fact that we are now facing our own weaponry in the hands of ISIS (captured from our past supply of rebels and the Iraqi military). Sort of like Warren Zevon’s song to send “Lawyers, Guns, and Money” except we are leaving the lawyers behind on this one.

Continue reading “Drumbeat: Senator Graham Warns That “We All Get Killed” If We Do Not Go To War While Ex-NSA Director Compares Air Attacks To “Casual Sex”” →

Congress, Constitutional Law, Courts, Media, Politics, Society

The 51st State? New Columbia and the Proposal For America’s First City-State

210px-flag_of_washington_dcsvgThis afternoon, the Senate Committee on Homeland Security and Governmental Affairs will hold its hearing on whether to accept a new state into the Union: New Columbia. While I was asked if I could testify on S. 132, I will be traveling today to Newport News to Christopher Newport University for a long-planned debate with John Yoo on presidential powers. I have written a long academic publication on the status of the District of Columbia and testified at the prior hearings on allowing for voting representation of District residents. See Jonathan Turley, Too Clever By Half: The Partial Representation of the District of Columbia in the House of Representatives, 76 George Washington University Law Review 305-374 (2008). Since I will not be able to appear, I thought that I would re-run my earlier column on the proposal. Before Congress embraces the path to statehood, it should give the original concerns of the Framers (and some new ones) full consideration. I have long argued that a constitutional amendment is the best way to give residents a vote in Congress. Statehood raises a myriad of difficult issues but regardless of the reform (whether statehood or an amendment simply allowing for a representative in the House of Representatives), this should be a decision that is submitted directly to the American people as a whole. I am troubled (as I was in 2007) by the effort to push this through Congress to avoid such a vote (as well as the cloud of partisan politics that continue to swell around the issue).

Continue reading “The 51st State? New Columbia and the Proposal For America’s First City-State” →

Congress, Courts, Criminal law, Free Speech, International, Justice, Lawyering, Military, Politics, Religion

9/11 and the Saudis and State Secrecy

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Respectfully submitted by Lawrence E. Rafferty (rafflaw) Weekend Contributor

In light of the recently observed 13th anniversary of the events on 9/11/01, I read an article this week that caught my eye.  According to reports, there is a 28 page section of the 9/11 Commission report that has never been released publicly and remains secret to this day.  Indeed, Congressmen must go through numerous security reviews before they can read the document in a secure room in Washington, D.C.

What kind of secret and clandestine information can be found in such a guarded document?  Since it is top-secret, we can only go by the reviews of people who have read the report.  What is found in that report may surprise you in light of its level of secrecy. Continue reading “9/11 and the Saudis and State Secrecy” →

Congress, Constitutional Law, Media, Politics, Society

New Columbia: Congress Considers The Creation of America’s First City-State

260px-capitol_building_full_viewOn Monday, the Senate will hold a hearing in the Senate Committee on Homeland Security and Governmental Affairs on entering a new state into the Union: New Columbia. I was asked if I could testify on S. 132 since I have written a long academic publication on the status of the District of Columbia and testified at the prior hearings on allowing for voting representation of District residents. See Jonathan Turley, Too Clever By Half: The Partial Representation of the District of Columbia in the House of Representatives, 76 George Washington University Law Review 305-374 (2008). Unfortunately, the hearing was moved to the afternoon on Monday, which made it impossible because I have to be in Newport News on Monday for a long-planned debate with John Yoo on presidential powers. Accordingly, I had to reluctantly decline. I have great respect and sympathy for those trying to secure a vote for the District residents. I have previously suggested different means to accomplish that end. However, before Congress embraces the path to statehood, it should give the original concerns of the Framers (and some new ones) full consideration.

Continue reading “New Columbia: Congress Considers The Creation of America’s First City-State” →

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

Obama: I Do Not Need Congressional Approval To Go To War With ISIS

President_Barack_Obama220px-B-2_spirit_bombingPresident Obama is again asserting his right to act unilaterally and without congressional approval in going to war. In what has become a mantra for this Administration, Obama reportedly told members of Congress that he does not need congressional approval to unleash a comprehensive military campaign against the Islamic State. The President informed a few members at a dinner — a striking image of how low congressional authority has become in our tripartite system of government.

Continue reading “Obama: I Do Not Need Congressional Approval To Go To War With ISIS” →

Congress, Politics, Society, Uncategorized

Obama Administration To Spend $1.7 Billion On Healthcare.gov

220px-US-DeptOfHHS-Logo.svgThe latest figures are in on the seemingly bottomless hole that is healthcare.gov, the troubled federal insurance marketplace web site. By any measure, the Obama Administration was grossly negligent in the creation of the system, which ultimately failed on its rollout despite numerous warnings of substandard work, overruns, and major technical problems. It appears that we are not done with bill for the program. A new Inspector General report stated that the Obama Administration issued sixty contracts from 2009 to 2014 to build Healthcare.gov, which had already cost roughly a half a billion dollars by February 2014. However, the Administration has signed new contracts that obligate the taxpayer to cover an addition $300 million, and the estimated value of the sixty contracts totals $1.7 billion. Despite numerous accounts and reports on the mismanagement of this program, there appears to be little real effort to hold anyone accountable as we continue to pour hundreds of millions into this system. The contracts include money to CGI Federal, the well-connected company that was partially response for the disaster in October as well as other controversies in large contracts.

Continue reading “Obama Administration To Spend $1.7 Billion On Healthcare.gov” →

Congress, Science, Society, Uncategorized

The FAA vs. Model Airplanes

By Charlton Stanley, weekend writer

FAA logoAlmost everyone likes model airplanes. Kids and adults have been building model flying machines for centuries. In fact, the Wright brothers experimented with model helicopters as well as fixed wing airplanes. I built my first model when I was nine years old. It was a Guillow’s kit of a Grumman TBF Avenger, the same plane flown by Lt. George H. W. Bush during WW-2. It is amazing to me the same kit is still in production, although a bit more pricey than when my dad bought mine.

When Congress passed the FAA Modernization and Reform Act of 2012, they carved out an exemption for model airplanes and aeromodeling in general. As passed by Congress, §336 prohibits the FAA from promulgating any new rule or regulation regarding model aircraft, or an aircraft being developed as a model aircraft …” The law does specify that certain requirements must be met for an aircraft to qualify as a model airplane. However, that did not deter the FAA in its quest to amass more power over anything that can get off the ground higher than the Administrator can jump. After all, the space between the trees in your backyard, the local park, or your model flying club IS airspace, and they see their job as controlling airspace, dammit! All of it.

Continue reading “The FAA vs. Model Airplanes” →

Congress, Free Speech, International, Justice, Lawyering, Politics, Society, Uncategorized

Economic Patriotism or Treason?

300px-Microsoft_building_17_front_door

Respectfully submitted by Lawrence E. Rafferty (rafflaw)- Weekend Contributor

We have read in recent weeks and months about the continued movement of corporate profits by US corporations to their overseas subsidiaries in order to avoid paying taxes here on those profits.  Walgreens almost went that route recently but they decided to not do what is called an “inversion” to avoid taxes.  At least for now.

You may be wondering what the picture is all about.  The building in the attached photo is one of the main buildings on the Microsoft campus in Redmond, Washington.  And Microsoft has also been busy working on their taxes.

Microsoft, made news recently, by admitting that they have stashed $92 Billion dollars overseas in an attempt to avoid paying $29 Billions in taxes!  While Microsoft has not officially “inverted” its profits, they have done the next best thing.

Many large US corporations have complained that they have to move profits overseas because they cannot be competitive in the world market without a lower tax base.  Just how true is that claim? Continue reading “Economic Patriotism or Treason?” →

Congress, Constitutional Law, Politics, Society

GAO: Obama Violated Federal Law in Bergdahl Swap

President_Barack_Obama305px-USA_PFC_BoweBergdahl_ACU_CroppedThe Government Accountability Office has rendered a decision on the actions of the Obama Administration in swapping five Taliban leaders for Army Sgt. Bowe Bergdahl earlier this year. At the time on CNN and other forums, I noted that President Obama had again openly violated federal law which requires at least 30 days of advance notice in such a change. The GAO agreed and found that the Administration clearly violated federal law. I recently testified (here and here and here and here) and wrote a column on President Obama’s increasing circumvention of Congress in negating or suspending U.S. laws. As in past cases, defenders of the President insist that any violation was done for the best of reasons, but that is a dangerous rationalization for any violation of law. Presidents always insist that they are acting with the best of motivations when they violate laws. We remain a nation of laws and presidents do not have the option of not complying when the laws are inconvenient or counterproductive. Notably, it was not just one law that President Obama violated in taking this unilateral action.

Continue reading “GAO: Obama Violated Federal Law in Bergdahl Swap” →