There is a highly disturbing story out of Florida where the American Civil Liberties Union (ACLU) has uncovered instructions from the U.S. Marshals Service that appear to tell police to actively deceive judges and defendants about the use of the controversial surveillance tool called Stingrays, or IMSI catchers, which simulate a cellphone tower and trick any nearby mobile devices into connecting with them. The federal officials reportedly told police to lie to courts and defendants and say that the suspect’s location came from a “confidential source.”
Category: Constitutional Law
By Charlton Stanley, Weekend Contributor
Fifty years ago today, the course of American history changed. It was changed by a few carloads of haters, with law enforcement officers complicit. Murder, pure and simple. It was June 16, 1964 that the Mount Zion Methodist Church was burned to the ground by arsonists. The church offended the Ku Klux Klan because it housed a Freedom School. This was a part of the educational program designed to help black Mississippians register to vote. The attack on the church was not a sneak arson in the wee hours. In fact, Klan members assaulted and beat several African Americans present at the church. Then they set the church on fire, burning it to the ground.
Intelligence gathered later by legitimate law enforcement discovered that the Neshoba County church was not chosen by accident. The attack on the church and the people inside was designed to lure more CORE (Congress Of Racial Equality) volunteers to the area. The Klan was interested in one worker in particular, Michael Schwerner. He had attracted interest as a target, aside from being Jewish, because he had helped with a boycott of Mississippi stores, his Freedom Summer activities, and of course helping set up Freedom Schools around the state. The carefully planned trap worked.
Continue reading “Mississippi Burning, 50th Anniversary of a Crime That Nearly Went Unpunished.”
We have been discussing the growing concerns over President Barack Obama’s series of unilateral actions in ordering agencies not to enforce law, effectively rewriting laws, and moving hundreds of millions of dollars from appropriated purposes to areas of his choosing. One of the greatest concerns has been his unchecked authority asserted in the national security area. I previously represented members of Congress in challenging Obama’s intervention in the Libyan civil war without a declaration from Congress. In the case, President Obama insisted that he alone determines what is a war and therefore when he needs a declaration. Since the court would not recognize standing to challenge the war, it left Obama free to engage in war operations in any country of his choosing. As with his approach in Libya, Syria and other combat operations, President Obama declared this week that he does not need any approval or even consultation with Congress if he decides to commit us again to war again in Iraq.
Continue reading “Obama: I Need No Congressional Approval To Go Back To War In Iraq”
The Supreme Court has handed down a unanimous decision in Susan B. Anthony List v. Driehaus. This is an important case for the free speech community. It involved poorly written Ohio laws that SBA prohibit the use of false statements in campaign advertisements. It allows politicians to harass public interest groups and force them into costly administrative litigation. The case was brought by the pro-life organization, the Susan B. Anthony List (“SBA List”). Associate Justice Clarence Thomas wrote the opinion for the Court in finding that SBA had sufficient injury to bring the challenge, another victory this term for standing this term after years of disastrous rollbacks by the Court that have barred groups from the courts. The SBA case was one of those considered by my Supreme Court class and once again the class got the prediction right and also mirrored the Court on the merits. We voted 8-2 to reverse the Sixth Circuit. We then voted 9-1 in predicting a reversal.
We have been discussing the disconnect between the parties and the voters this year. The voters have made clear that they (1) detest the ruling elite and (2) want real change. The two parties controlling our duopoly have thus far responded with the Democrats virtually pre-nominating Hillary Clinton (with Joe Biden as a contender and the Republican leaders pushing for Jeb Bush. The process of reinvention has begun. Clinton has been a fascinating case study. Recently, she came out and said that her Iraq War vote was a “mistake” but that she has learned the truth over the years (despite refusing to listen to many who opposed the war at the time). Now, she is claiming the same gradual realization that gays and lesbians deserve equal rights in marriage. Usually in Washington media, politicians are allowed to make a spin, refuse to answer a question, that the media simply meekly fades away. As shown in the video below, however, this time Clinton was facing NPR icon Terry Gross who persisted in trying to unravel what she viewed as spin. While unfailingly polite, Gross kept returning to question of why Clinton for so many years did not support same-sex marriage. Eventually, Hillary expressed discomfort if not anger at the continued questioning. Putting aside the merits, most of us were shocked for another reason. There was a reporter who actually refused to let a politician duck and spin in an interview. It was like seeing a Phoenix rise in Washington journalism.
Below is my column yesterday in the Chicago Tribune. It remains unclear whether Bowe Bergdahl will be charged. However, the allegations are mounting over his disappearance from his base. This column explores some interesting possible defenses and their historical context. Bergdahl returned this week to the United States, a move that will likely magnify these questions for the Administration.
Continue reading “Where To Go With Bowe? A Bergdahl Trial Could Raise Some Familiar Defenses”
The Florida Supreme Court is considering a case that raises the limits of state law in a case with a facially excessive sentence. Ronald Williams, 29, fired five shots in the air to scare off what he said were four gay men flirting with him. He was conviction in 2010 of four counts of aggravated assault. However, the trial judge said that state law required that each count — effectively each bullet — be sentenced consecutively rather than concurrently. The result is an excessive 80 year sentence.
The video below is going viral on the Internet and purportedly shows Andrea Mears, 23, getting interestingly irate over a man flying a drone on a public beach. The beach is reportedly Hammonasset Beach in Madison, Connecticut. She is heard calling the police and objecting to his filming people. She is shown holding the man’s equipment and then the scene turns violent. During the fight, she is quoted as saying “Yeah! That’s what you get you little pervert.” However, it turns out that it would be Mears who would be arrested.
By Mark Esposito, Weekend Guy
Carol Anne Bond was overjoyed to learn that her best friend, Myrlinda Haynes, had become pregnant. That joy was short-lived when she learned that the father was none other than her husband,Clifford Bond. The Philadelphia woman embarked on a course of revenge that would result in federal charges for deploying chemical weapons and a trip to the United States Supreme Court. Passed in 1998, the Chemical Weapons Convention Implementation Act, enabled Congress to enforce the terms of an international treaty banning deployment of some chemical weapons. Taking advantage of that law, federal prosecutors charged Bond with obtaining two chemicals which together or separately could have killed her pregnant rival.
Continue reading “The Chemistry of Revenge: Bond v. U.S. – A Study In The Carpenters And Treaties”
By Charlton Stanley, Weekend Contributor
On this day in 1892 Homer Plessy was arrested for refusing to leave his seat in the “whites-only” car of a train. The resulting court case, which Plessy lost, generated one of the most disgraceful decisions the Supreme Court of the United States ever made.
On June 7, 1892 thirty year old Homer A. Plessy boarded a train in New Orleans. A short time later, Plessy was arrested and removed from the train at Press and Royal streets by a private detective with arrest powers. The detective had actually been hired by the Comité des Citoyens (Citizens’ Committee of New Orleans), a civil rights group of which Plessy was a member. They were challenging Louisiana’s 1890 separate-car law.
Continue reading “122 years ago today, a humble but brave shoemaker boarded a train.”
By Darren Smith, Weekend Contributor
The inertia against state prohibition of gay marriage continues to rise. United States District Court Judge Barbara Crabb declared Wisconsin’s same-sex marriage ban unconstitutional.
In 2006 Wisconsin voters amended the state constitution outlawing gay marriage in any form. The ACLU filed the lawsuit in February on behalf of eight couples who believe their constitutional rights to due process were violated consequently depriving them of protections married couples enjoy due to their gender.
Court clerks in Madison and Milwaukee immediately afterward opened their doors to register marriage licenses to gay couples beginning at 5:00 PM on the sixth, just over an hour after the court issued its ruling. Many couples welcomed this opportunity immediately, due in part to a belief among some that this might be a limited window of opportunity before a possible halt to the marriages during an appeals process.
Continue reading “Federal Judge Strikes Down Wisconsin’s Gay Marriage Ban, Wedding Bells Ring”
By Darren Smith, Weekend Contributor
In a new twist to the bureaucracy retailers in the fledgling retail marijuana business in Washington face, the City Council of Wenatchee has denied a business license to a retailer approved by the State Liquor Control Board, which regulates the industry, to begin setting up shop.
Shaun Preder, an owner on behalf of SMP Retail, LLC last Tuesday filed a lawsuit against the city in Chelan County Superior Court seeking declaratory and injunctive relief for prohibition of plaintiff’s right to sell marijuana. The declaratory relief sought is for the court to find that the city’s prohibition violates state law codified in RCW 69.50.608 and Article XI Section 11 of the Washington Constitution.
If the city elects to litigate the case there could be ramifications throughout the state and possibly others where recreational marijuana is legal.
We have previously discussed of former Broward Circuit Judge Ana Gardiner who had a secret intimate relations with a prosecutor trying a capital murder case in her court in 2007. She has now been disbarred despite her earlier resignation from the court. That is far harsher punishment than what was received by former assistant state attorney Howard Scheinberg, who was suspended for two years due to the relationship.
Police in Manchester have decided not to press charges against Steven Peers who was arrested for impersonating an officer. The twist is that Peers was wearing a pig mask at the time and a toy bobby’s helmet. Peers is an electrical engineer who uses his comic character ‘Officer 666’ to highlight the “violence, corruption and bad behavior.”
I have previously written about my concerns over the elimination of basic rights of due process at universities for students accused of sexual assault or harassment under pressure from the Obama Administration. That pressure continues to build this year with the Obama Administration investigating dozens of universities and threatening to take away federal funds if they do not remove certain protections under their rules of adjudication. Now a North Carolina judge has issued a rare order enjoining Duke University from expelling a male student, Lewis McLeod, who was accused of raping a female freshman. The concern over the lack of due process afforded the accused is of course a continuation of the criticism of Duke over its handling of the infamous Duke lacrosse team case. I have previously written about my view that Duke abandoned not just those students but any sense of due process or fairness in joining the mob accusing them of raping a stripper.