Category: Congress

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

The Supreme Court Versus the Common Man

220px-Antonin_Scalia,_SCOTUS_photo_portrait

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

A recent United State Supreme Court decision has made it almost impossible for small businesses and individuals to bring class action lawsuits against large corporations who may be in violation of antitrust laws. Not only did the case fly under the mass media radar, it also may allow corporations to use contractual language to insulate them from many other federal laws.  I am talking about the American Express v. Italian Colors case that was decided by a 5-3 margin.  What the Supreme Court majority did here was to allow American Express to force its small business customers to sign a contract that included language that precluded those same customers from having any viable access to judicial review of American Express’ business practices. Continue reading “The Supreme Court Versus the Common Man” →

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

Morsi, Democracy and Problem with Fundamentalist Politics

Submitted by: Mike Spindell, guest blogger

Muslim_Brotherhood_LogoWhile I‘ve been trying to take a break from all politics and news as I bask in the glow of my family staying with me this week, I’ve nonetheless been fascinated by the fall of Egyptian President Morsi, in what must be described as a military coup. I’ve never been a fan of coups as I expect is true of most of us, yet the fall of Morsi has raises issues that I think are far more nuanced than appear on the surface. The salient facts are that after too many years the corruption of the government of Hosni Mubarak (who had been installed by the Egyptian military) led to severe economic issues and dissatisfaction with totalitarian rule. This then led to such massive protest that the military felt compelled, or justified to remove him. Mubarak’s removal was cheered, but then the clamor for free elections arose and after 18 months of martial law elections were held, as the first step towards transitioning to democracy and formulating a constitution.

The Society of Muslim Brothers, or Muslim Brotherhood was:“Founded in Egypt in 1928as a Pan-Islamic, religious, political, and social movement by the Islamic scholar and schoolteacher Hassan al-Banna,” It’s stated purposes was to: “to instill the Qur’an and Sunnah as the “sole reference point for …ordering the life of the Muslim family, individual, community … and state. http://en.wikipedia.org/wiki/Muslim_Brotherhood In a country such as Egypt, with its’ long history of totalitarian rule, the concept of political parties was not strong. Through its 85 years history the Brotherhood became the most stable opposition faction in the Egyptian political scene and was the main focus for opposition to whoever ruled Egypt by dint of the Egyptian Military’s backing. Such has been the success of the Muslim Brotherhood that it has branched out to have a significant presence in 20 nations around the world, many without a Muslim majority, such as the Russian Federation, the Indian Subcontinent, Great Britain and the United States. Therefore when the Egyptian Revolution of 2011 took place, the now legal “Brotherhood” was in an excellent position to vie for political power and formed the “Freedom and Justice Party” as its electoral arm. It won more than 40% of the parliamentary seats and its candidate Mohamed Morsi won election as President with 51.73% of the vote. His chief opponent had been a man who served as Mubarak’s Prime Minister. The Egyptian voters were faced, I think, with a “Hobson’s Choice” of Presidential candidates and chose what they perceived to be the lesser of two evils. Sound familiar?  What I will attempt to examine here is a question which is framed as: “Are Religious Fundamentalists capable participating in a pluralistic democratic society?” Continue reading “Morsi, Democracy and Problem with Fundamentalist Politics” →

Congress, Constitutional Law, Politics, Society

Perjury By Permission: Clapper Apologizes For False Testimony And The Congress Remains Silent

220px-James_R._Clapper_official_portraitAF cover 4I previously wrote a column how our country seems to have developed separate rules for the ruling elite and the rest of us. There is no better example than the lack of response of the Senate to the admitted perjury of Director of National Intelligence James Clapper before Congress. While the Justice Department has prosecuted people for the smallest departure from the truth, including testimony before Congress, no one in the Senate is calling for an investigation, let alone a prosecution, of Clapper. For his part, Attorney General Eric Holder is continuing his political approach to enforcing the law and declining to even acknowledge the admitted perjury of Clapper. Now, in a truly bizarre moment, Clapper has written a letter of apology like an errant schoolboy to excuse his commission of a felony crime . . . and it appears to have been accepted. What is curious is that we do not have letters from senators like Dianne Feinstein apologizing to doing nothing when they were all aware that Clapper was lying in his public testimony. Welcome to America’s Animal Farm.

Continue reading “Perjury By Permission: Clapper Apologizes For False Testimony And The Congress Remains Silent” →

Academia, Congress, Politics

Common Core Standards = No Child Left Behind on Steroids

Lincoln_Park_High_School

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

We have all heard the stories about the federal education policy instituted under the George W. Bush administration referred to as No Child Left Behind (NCLB).  That program required schools to continually test students in order to gauge which schools are “failing” to produce students who were making sufficient educational progress.  The outgrowth of NCLB was the need for teachers to “teach to the test”.  Schools across the country stopped teaching important subject areas because they were not deemed important enough to be on the all important test.  Now, the latest federal educational program embraced by the Obama Administration, called Common Core standards, builds on the NCLB program and continues to force testing using standards that have not even been tested and are products of corporate sponsors tied to the testing industry! Continue reading “Common Core Standards = No Child Left Behind on Steroids” →

Congress, Constitutional Law, Courts, Criminal law, Environment, International, Justice, Lawyering, Media, Politics, Science, Society, Supreme Court

Obama and the War on Drugs: Hypocrisy in Action

Submitted By: Mike Spindell, Guest Blogger

President_Barack_ObamaPresident Obama has admitted that while in school he was a frequent marijuana smoker. George W. Bush also alluded to smoking marijuana and possibly to using cocaine. Bill Clinton claimed to have smoked it but not inhaled it, which is the type of ridiculous statement Clinton is capable of asserting for political gain. Thus the last three Presidents of the United States have admitted that one time or another they have broken the law and used a banned substance. While each of those Presidents presided over the continued witch hunt and prosecution of the “War On Drugs” I believe that Barack Obama has been the most hypocritical.

Had either G.W. Bush, or Bill Clinton been arrested for smoking marijuana there is no doubt in my mind that they would have neither served jail time, nor would they have had their careers stained by a criminal record. Bush, as the scion of a great political family would have had his record expunged, or possibly have had the police back off when they discovered who he was. Bill Clinton was a student at a prestigious University and while not rich, came from a politically connected family in Arkansas. What they also had in common was that they were White men. Barack Obama on the other hand would have likely been arrested, despite his status as a Harvard student and while he probably would have escaped jail time he would have been forced to take a plea which would remain on his record. If such a thing had occurred it is highly probable that Barack Obama would never have been elected Senator, much less President. There is a likelihood that he might never even have been allowed to enter the Bar as an attorney, since that entrance requires extensive background checks. Whatever you might think of him Barack Obama is a very intelligent man. Surely he must realize how fortunate he was to not get caught smoking grass and yet as President he has stepped up the War On Drugs and has allowed egregious prosecutions in States that have passed medical marijuana laws. To my mind this is blatant hypocrisy, but beyond that political position lies a destructiveness that can only rationally be seen as the continuance of the oppression of Americans of color, particularly Blacks, by our Federal Government. I will deal with our President’s hypocrisy and use it as the basis of my condemnation of the War On Drugs. Continue reading “Obama and the War on Drugs: Hypocrisy in Action” →

Congress, Constitutional Law, Courts, Politics, Society, Supreme Court

Supreme Court Set To Review Obama Recess Appointments
The U.S. Supreme Court
The U.S. Supreme Court

While the rulings in Fisher and Windsor justifiably garnered the most attention this week, it is important to note an important but little discussed decision to accept a case. President_Barack_ObamaI 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. Then 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). The case accepted for review is Noel Canning v. NLRB, No. 12-1115 (D.C. Cir. 2013).

Continue reading “Supreme Court Set To Review Obama Recess Appointments” →

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

Federal Judge Dismisses Abu Ghraib Case Under Sweeping Ruling Under The Alien Tort Statute

ph_leeU.S. District Judge Gerald Bruce Lee has issued a sweeping victory for the Obama Administration and its contractors in seeking to bar any recourse for people injured or killed in U.S. camps or prisons like Abu Ghraib. Lee dismissed a lawsuit detailing well-supported accounts of abuse of detainees at the Abu Ghraib prison — holding that the injured parties could not use U.S. courts to seek judicial review and relief for the abuse. He closed the door to the U.S. judicial system to four Iraqi plaintiffs under the Alien Tort Statute (ATS) as well as one plaintiff who was deemed as barred under Iraqi law.

Continue reading “Federal Judge Dismisses Abu Ghraib Case Under Sweeping Ruling Under The Alien Tort Statute” →

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

AMERICA’S ANIMAL FARM: SNOWDEN AND THE SQUEALER

AF cover 4Below is my column today in USA Today on the criminal complaint against Edward Snowden. I have been criticizing the charge under the Espionage Act as abusive and a mistake by the Administration. President Barack Obama has been criticized for years for his use of the controversial 1917 Act. He is responsible for six of the nine total indictments ever brought under the Act. More than all presidents before him and putting Richard Nixon to shame. He has used the act against sources for journalists and only recently was criticized for the attacks on the free press under his Administration. I do not question the basis for prosecution of Snowden for the disclosure of classified information or any theft of such documents. However, the effort to put him away for life does raise an interesting contrast with prior cases, which is the subject of today’s column (slightly expanded from the print version).

Continue reading “AMERICA’S ANIMAL FARM: SNOWDEN AND THE SQUEALER” →

Congress, Constitutional Law, Courts, Uncategorized

The War on Men

Submitted by: Mike Spindell, Guest Blogger

taranto-waronmen1As a male who met his wife at age 36, I had many years as a single male and many relationships with women. While being experienced sexually the idea of forcing myself on a woman was not only repellant, but emotionally I was and am unable to understand why men would do something like that.  Emotionally even as a fantasy, on film, or in literature I find nothing the least bit stimulating, or manly about forcing oneself upon an unwilling partner. Yet I understand it very well intellectually as a power trip having little to do with sex and much to do with an innate hostility towards women.. One of the places where it seems rape and sexual assault has run rampant has been the military.  A recent AP story has related that one third of fired military commanders were canned for sexual misconduct.  http://jezebel.com/5977856/nearly-a-third-of-fired-military-commanders-were-canned-because-of-their-penises Congress is discussing harsher military penalties for rape and sexual molestation. This is a disgraceful situation in my opinion and a continuance of women being treated as second class citizens.

In May, the Department of Defense released its “Annual Report on Sexual Assault in the Military,” which found that up to 26,000 service members may have been the victim of some form of sexual assault last year, up from an estimated 19,000 in 2010. The report also found that 62 percent of victims who reported their assault faced retaliation as a result. Defense Secretary Chuck Hagel responded to the report by calling the assaults “a despicable crime” that is “a threat to the safety and the welfare of our people,” and General Martin Dempsey affirmed that sexual assaults constitute a “crisis” in the military.

I find that the figure of 26,000 service members being victims of sexual assault this past year appalling. Almost all of those victims were females. Yet as we shall see there are some who minimize this behavior and seem to excuse it as just the natural workings of the male libido. I’ll explain. Continue reading “The War on Men” →

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

The Fantastic Feinstein: How To Make Privacy Disappear While Appearing To Defend It

225px-dianne_feinstein_official_senate_photoimages>Civil libertarians have long viewed Senator Dianne Feinstein (D.,CA) as a menace to privacy and civil liberties in her role on the  Senate Intelligence Committee. She has worked to blocked investigation of torture while supporting warrantless surveillance of our own citizens. Recently, many Californians became aware of her role in seeking ever-expanding powers for the security state. Feinstein desperately tried to get citizens to embrace a new model of privacy that allows for their continual surveillance in the latest scandals under her tenure. That has not worked particularly well so now Feinstein is taking a new approach: she is proclaiming her concern over the dangers of privacy posed by . . . drones. That’s right. Like the street magicians distracting an audience, Feinstein is trying to get citizens to focus on the use of drones for surveillance and promising some form of “regulation” in the future. The obvious intent behind yesterday’s carefully constructed scene was to present Feinstein in the light of a fighter for, rather than an attacker of, privacy rights.

Continue reading “The Fantastic Feinstein: How To Make Privacy Disappear While Appearing To Defend It” →

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

Obama’s WMD Moment: The Administration Increases Claims Of Thwarting “Potential” Attacks and Saving Lives

George-W-Bush_jpegPresident_Barack_ObamaGeorge Bush was rightfully denounced for his Administration’s false statements to both the public and the United Nations on weapons of mass destruction in Iraq — the rationale for our invasion of that country. There was little apparent concern from Bush or his aides over the veracity or proof of their assertions as opposed to the desired outcome. The same mentality is in open display with President Obama this month as he and his aides continue to increase the claims of “successes” from the warrantless surveillance programs as public opposition grows. In this case, the increasing claims are being made in a war on privacy, including an effort to redefine privacy in a new surveillance-friendly image. We are now up to over 50 “potential plots” and Obama is sounding distinctly Bush-like in statements today about how these programs “saved lives.” The public, which learned this month that it was openly lied to about the programs in earlier hearings, is expected to accept these assurances on faith alone.

Continue reading “Obama’s WMD Moment: The Administration Increases Claims Of Thwarting “Potential” Attacks and Saving Lives” →

Bizarre, Congress, Constitutional Law, Politics, Society

Doublethinking Transparency: Obama Proclaims Secret NSA Program Entirely “Transparent” To A Secret Court

President_Barack_ObamaPresident Barack Obama assured the American people yesterday that the NSA warrantless surveillance programs are entirely “transparent.” He then promised to extradite and prosecute the man who told the public about it. None of that causes any pause for the White House or its supporters. It makes perfect sense. Indeed, it helps explain how Obama promised the “most transparent” Administration in history and proceeded to expand a secret security state. It turns out that “transparent” simply means something different with Obama, just as the noun “war” is left to his definition. It turns out that transparent means that the government can see it — and see us. Total transparency in our new fishbowl society.

Continue reading “Doublethinking Transparency: Obama Proclaims Secret NSA Program Entirely “Transparent” To A Secret Court” →

Congress, International, Military, Politics, Uncategorized

Senators Call For U.S. Intervention In Another War

Graham-080106-18270- 0035President_Barack_ObamaWhile Senators could not be troubled to go to a simple briefing on the NSA warrantless surveillance program and some like South Carolina Republican Sen. Lindsey Graham shrugged off the importance of privacy, the same Senators are demanding the intervention into yet another war in the Middle East. It does not matter that we have major educational and environmental programs being cut for lack of funding. It does not matter that our invasion in Iraq is an ongoing nightmare. We are being told to intervene in a civil war where Sunnis and Shia are carrying out centuries of hatred with atrocities on both sides. Senators want the U.S. to enforce a no-fly zone which would involve direct attacks on Serbian air forces while President Obama has already pledged to directly support rebel forces with arms.

Continue reading “Senators Call For U.S. Intervention In Another War” →

Congress, Constitutional Law, Criminal law, Environment, Science, Society

Plastic Fantastic Re-recycled and the Hazards of a New Age in Technology
Metal powder, and resulting metal parts made from metal additive manufacturing process. Photo - nist.gov.
Metal powder, and resulting metal parts made from metal additive manufacturing process.
Photo – nist.gov.

by Gene Howington, Guest Blogger

Since the last story on additive manufacturing and plastic guns, there have been a few developments. On June 12 in New York City, Council Member Lewis Fidler (D-Brooklyn) submitted a bill to amend the New York administrative code to make it illegal to use a 3D printer to create any part of a firearm unless the person is a licensed gunsmith and requiring gunsmiths to notify the NYPD and register said firearm within 72 hours. There is additional language in the bill applying to systems to feed bullets, serial number requirements, and regulations against destroying weapons. Also on June 12, a second piece of legislation was also announced by State Assemblywoman Linda Rosenthal (D-Manhattan), which would make it a felony for anyone to manufacture, sell, or use guns or ammunition magazines made with a 3D printer. Naturally this did not sit well with Defense Distributed’s Cody Wilson whose response to Fidler’s bill in an email interview was “[s]uch legislation is a deprivation of equal protection and works in clear ignorance of Title I and II of U.S. gun laws.”  At federal law, it is legal for individuals to manufacture certain types of firearms as long as the guns are not resold, are not fully automatic, and comply with set limits such as barrel length.  In addition, in order for a homemade gun to be legal under Federal law, the person who builds their own gun must make at least 20 percent of the receiver (the operative part of the gun containing the trigger mechanism, etc.).  The purpose of this is to prevent people from buying the gun parts separately and then putting them together but it allows for prototyping.  A recent story out of Santa Monica, California illustrates a problem not only with the 20 percent requirement but laws restricting guns in general. John Zawahri, 23, went on a rampage using a modified AR-15-style semi-automatic rifle during an attack that started at his father’s home and ended at Santa Monica College where police fatally wounded him. He killed five people before he was stopped. Relevant to the laws at hand though, anonymous sources in the Santa Monica Police Department have indicated that Zawahari probably assembled the modified AR-15 himself from purchased components.  This shows the inherent problem with this kind of gun regulation (as well as illustrating that guns are a simple technology). Criminals don’t care about laws. They are lawbreakers by definition. Rules of society mean nothing to them. If they are willing to commit crimes involving victims, as the saying goes, in for a penny, in for a pound.  Consider the following in light of what is going on in the New York City Council and the events in Santa Monica.

Making plastic guns is the tip of the iceberg that is additive manufacturing. You can print with far more than plastics. Think of the possibilities of printing biological materials. This isn’t a question for science fiction. Bioprinting is right around the corner.

Continue reading “Plastic Fantastic Re-recycled and the Hazards of a New Age in Technology” →

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

Catch 22 and the Secrecy Debate

Submitted by: Mike Spindell, Guest Blogger

National_Security_Agency.svgOne of the greatest novels I’ve ever read was Joseph Heller’s “Catch 22”. It is in turns humorous, tragic and distressing. It is finally one of the best commentaries on the insanity of the human condition, especially in wartime. Catch 22’s protagonist is Yossarian, an Air Force Bombardier in World War II, who no longer wants to keep flying the increasingly deadly missions over Germany. So desperate is Yossarian that he is willing to act out in any way possible that will get him grounded and he is hoping that he will be declared unfit for duty due to insanity. The problem is a military regulation that is described as “Catch 22”.

“The “Catch-22” is that “anyone who wants to get out of combat duty isn’t really crazy” Hence, pilots who request a mental fitness evaluation are sane, and therefore must fly in combat. At the same time, if an evaluation is not requested by the pilot, he will never receive one and thus can never be found insane, meaning he must also fly in combat. Therefore, Catch-22 ensures that no pilot can ever be grounded for being insane even if he is.” http://en.wikipedia.org/wiki/Catch-22_%28logic%29

The revelations of NSA spying have become a great topic of discussion these days, though it is merely a continuance of what we know our government has been doing since the origins of the Cold War, fueled by an ever more sophisticated technology in this digital age. A few people have been privy to the use of secrecy to hide the many violations of constitutional rights, human rights and war crimes. They have acted out of conscience to expose these violations only to face imprisonment and vilification by not only the Intelligence establishment, but by the bi-partisan Washington Establishment and their pundit minions. The most prominent of these “whistle blowers” have been Bradley Manning, Julian Assange and now Edward Snowden. The Establishment I refer to represents the Intelligence/Military/Corporate Complex (IMCC) that is and has been, in control of our country. They are the “Permanent Government” of the United States and have been for most of our history. The IMCC owns or controls most of our supposed “free press” which includes the media outlets from which Americans get their news and form their opinions. Despite the outrage of many here and many in the public, I believe that almost nothing will stop this perversion of this country under the guise of protecting it because of the logic inherent in Catch 22. Yet I have also read an article this week that discusses the NSA issue and actually ends with a modicum of hope. Since it was written by a fearless investigative reporter, whose outlook is usually pessimistic, I took heart from it and perhaps you will also if you oppose this invasion of our lives, supposedly done to protect us. Continue reading “Catch 22 and the Secrecy Debate” →