We previously discussed the horrific injuries to a baby after a Georgia SWAT team threw a stun grenade into a house in a no-knock raid that landed in the baby’s crib. The family had no connection to the alleged crime, the suspect was not in the house, there were no drugs found at the house, and no weapon was found at the house. Just a baby near death after having an grenade explode in his crib. Now the police chief has come out to cast blame on the suspect, Wanis Thometheva, 30, and the prosecutor has suggested that he may be charged with the injury caused by the SWAT team despite the fact that he was not even in the house.
Category: Constitutional Law
The Supreme Court has issued its ruling in one of the cases that I have been following closely. The Court ruled unanimously in Bond v. United States that Bond had standing to challenge the statute carrying out the Chemical Weapons Convention as violating the inherent powers of in this instance intruded on areas of police power reserved to the states. While it is not the type of case that pulls media coverage, it is very important and clearly the right result. We debated Bond in our Supreme Court class and came to the same result. On the merits, nine of us voted to reverse the United States Court of Appeals for the Third Circuit and four voted to affirm the lower court. On the prediction of what the “other” court would do, eight of us predicted a reversal and five predicted an affirmance. It proved not to be a close question in rejecting the arguments of the Obama Administration seeking to bar citizens from being able to challenge such statutes. It is a victory for standing and more importantly for individual rights.
The release of Army Sgt. Bowe Bergdahl, the only American soldier held captive in Afghanistan, has been a source of celebration but also concern in Washington. While the country has long insisted that it would not negotiate with terrorists, it seems like it has been doing precisely that for years in working out a trade that ultimately led to the release of five Taliban leaders. More importantly, federal law requires notice to Congress some 30 days before a release of a detainee from Guantanamo Bay — another federal provision that the White House appears to have simply ignored in a unilateral act. I am scheduled to discuss the case on CNN on Monday morning.
By Darren Smith, Weekend Contributor
After an international outrage and widespread condemnation following the death sentence of a pregnant, Christian Sudanese woman accused apostasy and adultery for her marriage to a Christian man, the Sudanese Government has publicly stated it would instead release Meriam Yehya Ibrahim from custody.
BBC News reports that Abdullahi Alzareg, an under-secretary at the foreign ministry, said Sudan guaranteed religious freedom and was committed to protecting the woman who was to be release in a few days.
We have previously discussed our concerns over the seemingly exponential increase in “no knock” raids in the country where police give no warning before raiding a home. (here and here and here and here and here). A tragedy in Atlanta will only increase those concerns for many. Atlanta police say that they purchased drugs at a home and returned with a no-knock warrant late at 3 a.m. to arrest Wanis Thometheva, 30. They burst into the home and threw a stun grenade which landed next to the head of a 19-month-old sleeping in his crib and exploded. The baby is in serious condition and is in a medically induced coma. The pictures of the baby are too disturbing to post. The police found no drugs or weapons or even the man they were seeking to arrest in the raid. Update: Police have declared that the state officials have concluded that no further investigation is warranted into the raid or the use of the grenade.
We previously discussed how terribly confused Hillary Clinton appeared in discussing National Security Agency leaker Edward Snowden. She just could not understand why he would not have trusted the government to deal with any problems or why he would not come back to the United States. Now, Secretary of State John Kerry is offering his own brand of macho advice to the kid: “man up and come back to the United States.” Sure leaders have called for him to be tried as a traitor and either incarcerated for life or executed. Sure, he is not guaranteed to see all of the evidence used against him or even be guaranteed a federal trial as opposed to a military tribunal. However, Kerry appears ready to give him an “attaboy” on his way to solitary confinement under Special Administrative Measures (SAMs) that cut off virtually any contact with the outside world.
Continue reading “Kerry To Snowden: “Man Up and Come Back to the United States.””
We have previously discussed the crackdown on pornography studios over the failure to use condoms in their filmmaking. I have previously expressed concern over such mandates as curtailing free speech principles while accepting that the public health rationale could well prevail in a court challenge. Now the California Assembly has approved a state law to require condom use in pornographic films produced in the state. It is the first such state law and could be subject to a challenge under the First Amendment. This is Democratic state Rep. Isadore Hall’s third attempt to pass such legislation.
There is an interesting case out of Canada where a prominent lawyer, Kristine Robidoux of Calgary, has been suspended after she admitted that she was the source of negative disclosures regarding Arthur Kent — a former reporter known as the “Scud Stud” who was running for the Alberta Legislature. Robidoux had served as volunteer counsel to the campaign and supplied information confidentially to Canwest columnist Don Martin for an article entitled “Alberta’s ‘Scud Stud’ a ‘Dud’ on Campaign Trail.” Kent had received the nickname after reporting from a hotel during Iraqi Scud launchings against Saudi Arabia.
Continue reading “Prominent Canadian Lawyer Suspended In “Scud Stud” Case”
The U.S. Supreme Court has ruled in Hall v. Florida, an important (though little followed) case involving the standard for intellectual disability. Florida state law imposes a bright-line threshold test in cases of alleged incapacity. If the person has an IQ of 70 or above, the court will not consider such a disability claim. It is an approach that has been widely ridiculed by experts and now, in a 5-4 decision, Justice Anthony M. Kennedy has ruled that such a rule violated the Eighth Amendment and runs counter to recognized scientific standards. My Supreme Court class reviewed Hall and reached the same conclusion, though the vote was almost unanimous. The class voted 13-1 to reverse lower court. The class however got it wrong on the prediction. In a close 8-6 vote, the class predicted that the Supreme Court would affirm.
We have previously covered the “pink slime” controversy and claims by the industry that the term is defamatory toward a beef product that it prefers to call “lean finely textured beef.” Now, the Supreme Court of South Dakota has cleared the way for a trial of ABC and and several correspondents for the network, including Diane Sawyer, over its coverage of the controversy in a case that threatens the right of the free press as well as free speech.
We have been following the continuing abuse of citizens who are detained or arrested for filming police in public. (For prior columns, click here and here). Despite consistent rulings upholding the right of citizens to film police in public, these abuses continue. One of the more recent cases comes from Concord New Hampshire where Carla Gericke was arrested for trying to videotape the police at a March 24, 2010, traffic stop of a friend. She sued that the charge of wiretapping violated her constitutional rights and, in a major rule, the United States Court of Appeals for the First Circuit held that she was entitled to a jury trial and was not barred by qualified immunity. The case is Gericke v. Begin, 2014 U.S. App. LEXIS 9623.
The courthouse in Lahore Pakistan was the scene of a shocking act of religious violence, even by the standards of the Middle East. The family of a pregnant woman stoned her to death in front of the courthouse in Lahore, Pakistan after she married a man against their wishes. This “honor killing” occurred when Farzana Parveen, 25, showed up to contest the abduction case filed by her family against her husband. The father had filed the case on the ground that their marriage was not approved by him and therefore was a case of abduction.
As many on this blog know, I often object to those who criticize our Constitution as a way of excusing their circumvention of civil liberties or the separation of powers. Some in the Bush Administration took that position in suggesting that our Constitution was somehow a contributor to the 9-11 attacks — in their push to pass the Patriot Act. President Obama seems to take up a similar lament to rationalize his repeated violation of the separation of powers in recent years. Obama raised the issue with donors to suggest that the Framers got it wrong in their design of Congress and Article I of the Constitution. Indeed, he appears to be a critic of the “Great Compromise” that gave small states an equal voice in the Senate. It is of course not his assuming legislative and judicial powers in the creation of what I have called an “uber presidency” that fundamentally changed our system. There is no real need for compromise of any kind in the new emerging model of executive power so it should not be a surprise that “Great Compromise” would appear particularly precious and unnecessary.
Continue reading “The Great Excuse: Obama Blames The Constitution For His “Disadvantage” And The Need To Circumvent Congress”
Meriam Yehya Ibrahim, 27, is a mother living in a Sudanese prison with her 20-month old son awaiting for the implementation of the latest example of abuses under Sharia law. Ibrahim is a Christian and a Sharia court judge in Khartoum sentenced her to be hanged for refusing to renounce her religion after she gives birth to her second child and nursed her child for two years. She was given three days to renounce her faith to avoid flogging and hanging. It is that like perverse type of accommodation that has defenders claiming that Sharia law is really more humane and enlightened than Western law. For the rest of humanity, it is an unspeakable atrocity.
Respectfully submitted by Lawrence E. Rafferty (rafflaw)- Weekend Contributor
It has happened again. A mass killing at the hands of a person armed with knives and three semi-automatic handguns and 400 rounds of ammunition. This time the alleged shooter stabbed three to death and then went on a shooting spree that ended with at least three more dead and a total of 8 injured/wounded people from gunshot wounds and 5 more injured by his knives or by being hit by his car. Continue reading “The NRA Has Blood on its Hands”