Category: Constitutional Law

Mugabe: Homosexuality Is Filthy Disease Destroying Nation

200px-mugabecloseup2008With an economy in shambles, the world community condemning you for a rigged election, widespread corruption and sickness in his country, it is hard to predict what subject Zimbabwean President Robert Mugabe would pick for an emphasis in his inaugural address. Mugabe however went with none of the above and instead lashed out at homosexuality, which he described as filthy, filthy disease.”

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Tennessee Church Gives Mother Choice: Denounce Lesbian Daughter Or Leave The Church

220px-Rembrandt_-_Moses_with_the_Ten_Commandments_-_Google_Art_ProjectElders at Ridgedale Church of Christ appear not to have read John 8:7: “He that is without sin among you, let him first cast a stone at her.” Instead, the elders gathered themselves and their stones this week to ban a mother because she would not renounce her own child. The Tennessee church banned two relatives for good measure after they supported Kat Cooper, a lesbian detective with the Collegedale Police Department. Her mother, Linda Cooper, was given the choice: denounce your daughter or leave the church. It was not much of a Sophie’s Choice: she left the church and with her was any evidence of God’s grace that this church may have had.

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Former Somali Colonel Found Liable For Torture While Former Bush Officials Remain Immune From Such Lawsuits

220px-AbuGhraibAbuse-standing-on-box180px-bybee1Federal Judge Mark Abel in Ohio has imposed a $15 million damage award on former Somali colonel, Abdi Aden Magan, who tortured human rights advocate Abukar Hassan Ahmed. What was most striking about the decision was the statement that such damages are necessary to guarantee that the United States is not a “safe harbor for those who commit human rights abuses.” Of course, this follows a series of court decisions barring the victims of the U.S. torture program from even getting a trial, let alone damages. Those responsible continue to appear on television from George W. Bush to Dick Cheney to John Yoo. Indeed, rather than punish those who facilitated the torture program, we made one — Jay Bybee (shown right) — a federal appellate judge with lifetime tenure. That particular “safe harbor” is found in the courthouse of the United States Court of Appeals for the Ninth Circuit.

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Thrill Kill: Three Oklahoma Teens Arrested In Murder Of Australian Student

SuspectsOklaShootingOklahoma is reeling this week from a senseless killing of an Australian student, Christopher Lane, 22, by three teenagers who allegedly shot him simply because they were bored and wanted to kill someone for the “fun of it.” In Oklahoma for the “fun of it” with first-degree murder.

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Obama Administration Asks Supreme Court To Reverse First Circuit To Allow Warrantless Searches Of Cellphones

President_Barack_ObamaCivil libertarians have long ago lost faith in Barack Obama’s and his continuing expression of support for privacy and individual rights. Just in case anyone is still not convinced, consider the petition this month to the Supreme Court by the Obama Administration. Just last week, Obama waxed poetic about his commitment to privacy. Yesterday however, his Administration took another major swipe at privacy and asked the Supreme Court to reverse the United States Court of Appeals for the First Circuit, which held that the police could not conduct warrantless searches of your cellphone when you are arrested. The decision in United States v. Wurie is below.

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The Seven Perils: China Communist Party Warns Members To Stomp Out Ideas Of “Western Constitutional Democracy” And “Universal Rights”

200px-Destroy_the_old_world_Cultural_Revolution_posterCommunist Party members across China are receiving secret instructions from Beijing to stomp out notions of democracy or rights that are growing among Chinese citizens. It appears that ideas of freedom are creeping into the worker’s paradise and, in a remarkably frank and brutal message, the Party is warning that such ideas (called the “seven perils”) are threatening its hold on China.

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Schedule 7: English Police Hold Glenn Greenwald’s Partner For Nine Hours At Airport, Seize His Computer And Other Electronic Equipment

220px-Glenn_greenwald_portraitFor civil libertarians in the United States and England, it is increasingly difficult to distinguish the practices of our own governments and the countries that we routinely denounce as authoritarian. An example of this confusion can be found in the outrageous arrest of the partner of journalist Glenn Greenwald, the Guardian writer who brought the Snowden disclosures to light and a leading voice for civil liberties in the world. David Miranda, who lives with Greenwald, was taken into custody when passing through London’s Heathrow airport on his way home to Rio de Janeiro. He was held for nine hours and had his computer, cell phone and other equipment seized. Such stops can occur at the request of the National Security Agency and other agencies and are carried out under the abusive Schedule 7 of the Terrorism Act 2000. The case could also highlight possible surveillance of journalists in England and the United States.

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Single Mom Versus George W. Bush

George W. Bush

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

With all of the discussion we have had on his blog about the abandonment of the rule of law in this country, I was very interested when I read about a class action lawsuit that was filed in March of this year.  The case is Saleh v. Bush, and it was filed in an attempt to hold former President George W. Bush and five members of his administration responsible and liable for the damages incurred when Iraq was attacked by the United States and some of its allies in 2003.

“Saleh is the lead plaintiff in a class action lawsuit targeting six key members of the Bush Administration: George W. Bush, Richard Cheney, Donald Rumsfeld, Condoleezza Rice, Colin Powell, and Paul Wolfowitz. In Saleh v. Bush, she alleges that the Iraq War was not conducted in self-defense, did not have the appropriate authorization by the United Nations, and therefore constituted a “crime of aggression” under international law—a designation first set down in the Nuremberg Trials after World War II. The aim of the suit is simple: to achieve justice for Iraqis, and to show that no one, not even the president of the United States, is above the law.” Yes Magazine   Continue reading “Single Mom Versus George W. Bush”

Polygraphers trigger fear response in Federal prosecutors.

Submitted by Charlton Stanley, (aka Otteray Scribe) guest blogger

Polygraph tests are 20th-century witchcraft.
 -Sen. Sam Ervin (1896-1995)

ImageAs the Obama administration and the Department of Justice ramps up the crackdown on security violators and leakers, the whole thing has taken a bizarre turn. There is an ongoing criminal investigation of instructors who claim they can teach job applicants how to pass lie-detector tests. The two men are Doug Williams, who operates Polygraph.com, and Chad Dixon, who had a website called “PolygraphExpert.net” which has been taken down. Chad Dixon has entered a guilty plea, but the charges against him are being kept secret under seal. Dixon faces a maximum sentence of up to 25 years in prison; however, prosecutors are asking for a two-year sentence. Williams has not been charged with any crime; at least not yet, but is said to be under investigation. His only publiccomment was to say he has done nothing wrong.

The criminal investigation has not been acknowledged publicly. What little news that has come out is the claim it is meant to discourage criminals and spies from infiltrating the U.S. government by using so-called polygraph-beating techniques. Several current or former polygraph examiners are alleged to have been providing training materials and classes on how lie detector devices work and how to “beat” them.

Doug Williams and Chad Dixon’s business records were seized. The records are believed to include the names of as many as 5,000 persons who sought advice from the two men. The government claims about twenty of those people applied for positions with the government or government contractors. About half of that group was hired, including one or more getting jobs with the National Security Agency (NSA).

Federal officials have adopted a unique and controversial legal theory that teaching clients how lie detectors work and how to pass the test is a crime, and not protected under the First Amendment.

I find this more than curious. By way of full disclosure, I own a voice stress analysis machine and several biofeedback devices. I first became interested in the detection of malingering, dissimulation and outright lying when I was still in graduate school, and have maintained that interest ever since. Some people lie to look good, and some lie to look bad. Some lie and don’t even know they are lying. Some lie when the truth would serve them better.

In this piece, we will take a look at exactly what it is the Feds are talking about. And we will puzzle about why they want to make it a crime for anyone to teach people how the machines work. Or more accurately, don’t work.

Everyone is familiar with anxiety. Hands sweat, voice trembles, breathing may become more rapid, and the heart races. Many times trembling is visible to the naked eye. Anxiety is a fear reaction. Both the polygraph and voice stress analysis take advantage of these physiological reactions to fear, and take measurements of them. The theory behind both machines is that an anxious person will react. Practitioners of polygraphy and voice stress analysis operate on the assumption that telling a lie will result in a predictable and measurable physiological reaction.

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Bloomberg’s Sweet Revenge?

By Mark Esposito, Guest Blogger

soda_kidA recent study by Columbia University researchers may present a problem for civil libertarians basking in the defeat of Mayor Bloomberg’s Big Gulp ban. As many of us know, the NYC mayor proposed and then passed a health rule  prohibiting restaurants, mobile food carts, delis and concessions at movie theaters, stadiums and arenas from selling sugary drinks in cups or containers larger than 16 ounces. The New York State appellate division upheld Judge  Milton Tingling’s ruling that Bloomberg “eviscerated” the separation of powers doctrine by making an end run around  the City Council and presenting the measure to the NYC Board of Health. The city plans to appeal but it is now armed with an important study concerning the effects of sugar on children.

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Resident or Inmate? Mayor Bloomberg Proposes Requirement to Fingerprint Those Residing in NYC Public Housing

Submitted by Darren Smith, Guest Blogger

Fingerprint ScannerAccording to CBS New York, New York’s Mayor Michael Bloomberg desires to reduce crime among the more than half million residents of the city’s housing districts. He is quoted as saying

“Five percent of our population lives in NYCHA housing, 20 percent of the crime is in NYCHA housing – numbers like that. And we’ve just got to find some way to keep bringing crime down there. And we have a whole group of police officers assigned to NYCHA housing,” Bloomberg said. “The people that live there, most of them, want more police protection. They want more people. If you have strangers walking in the halls of your apartment building, don’t you want somebody to stop and say, ‘Who are you, why are you here?’”

According to this proposal, keeping crime down would be successfully addressed by requiring all residents to submit to fingerprinting as a condition of residency. Supposedly, the fingerprint or other biometric data would be used for biometric access devices such as live fingerprint scanning devices mated with door locks. Yet, the centuries old method of using a key seems to work almost as well and so could perhaps an electronic RFID or magnetic stripe card device such as those used in many hotels. Is security the real goal or is it more nuanced?

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Jim Crow’s Demise Has Been Greatly Exaggerated

-Submitted by David Drumm (Nal), Guest Blogger

voting lines in FLAAlthough Sen. Rand Paul (R-Kentucky) does not believe “there is any particular evidence of polls barring African Americans from voting,” there is plenty of evidence that States are making it more difficult for African Americans to vote. Paul is using a strawman argument to recast the voting issue to one in which African Americans are prohibited from voting. Preventing African Americans from voting is the intended result of Republican efforts in numerous states. Using analysis of voting habits, Republicans have passed laws that intentionally create voting difficulties for groups that traditionally vote Democratic. Jim Crow has been dressed up a little, to become James Crow, Esq., but statistically speaking, the results are the same.

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Bigotry Denialism

Submitted By: Mike Spindell, Guest Blogger

Martin_Luther_King_Jr_NYWTSWhenever the subject of bigotry gets touched upon in this blog we see certain readers who will not only disagree with the premise that bigotry exists, but who will assert that those who claim it does, are the “real bigots.” Last week on the thread following Mike Appleton’s post “Racism Once Removed” http://jonathanturley.org/2013/08/11/racism-once-removed/ and the week before in my guest blog “Call Me Queer” http://jonathanturley.org/2013/08/03/call-me-queer/ , we saw numerous comments that not only denying that their viewpoint was unbiased, but that our assertions of bigotry were themselves bigoted. While Mike Appleton’s post dealt with racism and mine dealt with homosexual rights, the reactions to presenting these different topics were essentially the same. So much so, that what I saw clearly as racial prejudice even got inserted into what was a thread dealing with homosexual rights. My sense as to why these two disparate issues were conflated by the same people is the subject of this piece, as I will attempt to put the concept of prejudice into the context of the American political scene. For many of us, including me, bigotry is viewed as the stuff of irrational hatred, but I’ve begun to sense that this is too narrow a perspective on this phenomenon. In attempting to counter prejudice, we must first be aware of the dynamics involved and stop looking at prejudice as a monolithic structure.

Those who are the object of prejudice and scorn will no doubt find my distinctions to be of little moment as their lives are so hurt by this hatred. My own sense is that the reaction of Blacks, Latinos and Native Americans to this nation’s history of oppression has been relatively mild when compared to the murderous viciousness with which it has been imposed. It says much for these people of color that they have had the intelligence and restraint to understand they were dealing with an implacable enemy and act accordingly. As someone who views their struggles merely  from the outside I know what rage boils up in my gut when I see it and hear about it, quite frankly I don’t know how much restraint I would put on myself if I directly experienced the same oppression. With that caveat let me try to explain my thinking about the distinctions that need to be made when we look at the phenomena of prejudice in this country, from my understanding of it that has developed over a long lifetime and the panoply of changes that have occurred during my existence. Continue reading “Bigotry Denialism”

Report: NSA Violated Privacy Rules “Thousands of Times” Under Warrantless Surveillance Program

National_Security_Agency.svgPresident_Barack_ObamaWhile President Obama continues to tell the public that there is no widespread domestic surveillance program and denies the violation of privacy rights, another report again contradicts those statements. According to the Washington Post, the National Security Agency broke privacy rules thousands of times every year under the warrantless surveillance program. Moreover, it is important to keep in mind that civil libertarians view the programs themselves to be violations of Constitution, but the Administration violated even those rules. Moreover, this information did not come from Congress or the White House. It came from Edward Snowden. You remember him. He is the guy Obama said is no patriot and could have taken a different course to address his concerns. The information reviewed by the Post is more than would have been shared with Congress under current rules.

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Kansas Prisoner Released After DNA Evidence Clears Him Of Rape . . . Judge Then Fires Clerk Who Told Prisoner How To Seek Such Testing

div03There is an interesting case out of Kansas that first aired late July.  Kansas Judge David Byrn (left) was the presiding judge in the case of Robert Nelson, 49, who was sentenced to 70 years for a rape that he insisted that he did not commit. Byrn refused repeated requests from Nelson to prove his innocence through DNA testing.  Nelson would have stayed in jail for the 70 year sentence if it was not for the fact that Sharon Snyder, 70, directed a family member to an earlier motion where such testing was ordered.  Using that information, Nelson won the right to the testing and proved his innocence. When Bryn found out it was the clerk who informed him of the earlier successful motion in another case, he fired her just months before her retirement (though she later found that she could still receive her pension). She had been a clerk for 34 years.

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