Category: Constitutional Law

Columns, Constitutional Law, Courts, Criminal law, Justice, Lawyering, Media, Politics, Society

SEPARATING LAW AND LEGEND IN THE ZIMMERMAN VERDICT

zimmermantrayon-martin-picture1Below is a slightly expanded version of today’s column in USA Today on the Zimmerman verdict. As I wrote before the case was sent to the jury, I saw no alternative to acquittal even on manslaughter and expected the jury to render a full acquittal. I respect the conflicting views of many on this blog on the case and how it was charged and handled. We will now have to wait to see if the Justice Department will re-try Zimmerman as a civil rights matter. I have serious reservations about such an effort, but that can be for a later discussion. For now, a few observations on the verdict can serve to as a foundation for our own discussion.

Continue reading “SEPARATING LAW AND LEGEND IN THE ZIMMERMAN VERDICT” →

Constitutional Law, Courts, Supreme Court

What Aren’t They Collecting?

-Submitted by David Drumm (Nal), Guest Blogger

HooverOur thoughts, but they’re working on that. The right to privacy, or from Justice Brandeis’s overly broad understanding: “the right to be left alone,” is fundamental to a civilized society. We each choose the amount of information about ourselves we want to disseminate to other members of our society. Each of us has different levels of comfort about when and which information is disseminated and to whom. Some information that we would share with our best friends, we would not want divulged to a complete stranger.  In most situations, the information most of us would share with a complete stranger would max out with our first name. Yet, without our knowledge or consent, because we live in a technological society, our personal information is being vacuumed up by  strangers who exercise the power of the state.

Continue reading “What Aren’t They Collecting?” →

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

Who Do You Trust, US or Your Lying Eyes?

Submitted By: Mike Spindell, Guest Blogger

OSSInsigniaAs I write this I’ve just read a story in the New York Times about the U.S. threatening countries in South America to not grant asylum to Edward Snowden. In typical “Times” fashion these countries are characterized as “leftist” mavericks against the assumed U.S. hegemony in that vast continent. http://www.nytimes.com/2013/07/12/world/americas/us-is-pressing-latin-americans-to-reject-snowden.html?pagewanted=2&_r=0&hp . The attitude of the story is that these countries by resisting our government’s pressure are acting in a petulant manner. This is typical of the mindset of many supposed journalists today who are unable to put in context the history behind the actions of certain players on the world stage. What it highlights for me is that there seems to be unprecedented pressure by our government to capture and punish Mr. Snowden for his “crimes”. With my admittedly jaundiced view of much of the history of my country in my lifetime, the attempt to take Snowden down for his “crimes” makes sense if you put into the context of American history with respect to foreign relations and how foreign relations has impacted the growing unconstitutional treatment of United States citizens at home and abroad. Since this is a huge topic deserving of many tomes and therefore doesn’t lend itself to the guest blog format, my piece will present my own impressionistic view of the interaction between foreign policy and the growth of the American Police State since World War II, which can be expanded, abetted or contradicted by you the reader.

For all practical purposes the Second World War began with the almost total loss of the U.S. Pacific Fleet at Pearl Harbor. While it was known that President Franklin Delano Roosevelt had actively been trying to aid Great Britain in its struggle against the Axis Powers in Europe, the American Congress was skeptical of foreign involvement and there was a large “isolationist” strain in the American people. The devastation of Pearl Harbor shocked the nation into realizing that it had to focus upon the rest of the world and awakened within the country a strong thirst for revenge. I say this not disparagingly since were I alive at the time, I would have been one with this national outrage and blood-lust.  The problem with arousing such a strong emotional call for action in any society is that in the frenzy to act, societal norms are often breached in the name of expediency. In the case of our country World War II planted the seeds of the Corporate/Military/Intelligence Complex (CMIC) that is reaching full flower today. What follows is my personal overview of this development since that embattled time and why this government has such a great need to crush Edward Snowden for his deeds. Continue reading “Who Do You Trust, US or Your Lying Eyes?” →

Constitutional Law, Courts, Criminal law, Justice, Politics

Fast Tracking the Death Penalty

Submitted by Mike Appleton, Guest Blogger

“What did you learn in school today, dear little boy of mine?

I learned that policemen are my friends

I learned that justice never ends

I learned that murderers die for their crimes 

Even if we make a mistake sometimes

And that’s what I learned in school today

That’s what I learned in school.”

–Tom Paxton, “What Did You Learn in School Today?”

When Rick Scott was in the hospital business, his company specialized in billing Medicare for services that were not performed.  Now he is governor of a state that specializes in sending people to death row for crimes they did not commit.

Florida conservatives love the death penalty.  Since it was reactivated in 1979, 75 people have been executed.  In the past two years, Florida has sentenced more persons to death than any other state.  And Gov. Scott is setting records of his own, executing eight prisoners to date, the highest rate of any Florida governor in the past thirty years. But despite this carnage, the current death row population still exceeds 400 people, larger than the entire population of many small towns. This is at least partially due to the fact that Florida is one of only two death penalty states that do not require a unanimous jury recommendation of death.  Alabama requires a 10-2 vote. Florida is decidedly more majoritarian; a 7-5 favorable vote is sufficient.

Florida also leads the nation in another grim statistic. Since executions have resumed, 24 death row inmates have been exonerated, far more than in any other state.  This means that for every three persons executed over the past thirty years, one additional death row inmate has been found innocent and released.  One would think that given this statistic, combined with Florida’s history of botched executions and chronic underfunding of agencies charged with defending those on death row, the legislature would be looking at ways to improve the system.  And one would be wrong.  On June 14, 2013, Gov. Scott signed the Timely Justice Act, a bill that is intended to hasten executions. Continue reading “Fast Tracking the Death Penalty” →

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

The Supreme Court Versus the Common Man

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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” →

Constitutional Law, Free Speech, Media, Politics, Society

Propaganda 102 Supplemental: Get ‘Em Young
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KKK Logo

by Gene Howington, Guest Blogger

There is nothing more malleable than the mind of a child. Their minds are like sponges, absorbing everything they come in contact with. Previously, we’ve discussed the power of moving images as propaganda, including propaganda aimed at children. Film and video can also be used to educate as illustrated by excellent children’s programs such as Sesame Street. The benefits of this technology in that regard is unquestionable. But what happens when education becomes indoctrination? What happens when the lessons taught are hatred and intolerance? Does this cross the line from education into political propaganda?  A recent story raises this very issue and others.

“The Andrew Show” is a crudely produced show viewable on YouTube.  It’s not just crude in the sense of production values, although it is that. It is crude in content as well.  Subtitled “A Show For White Kids”, the show promotes the White Supremacist views of the Ku Klux Klan.  This is no surprise considering the young host of the show is Andrew Pendergraft, the grandson of Thomas Robb.  If you don’t know Robb by name, he’s the National Director for the Knights of the Ku Klux Klan and Pastor of the Christian Revival Center.

I invite you to look for yourself at some of the videos below and ask yourself should there be additional limits to political free speech?

Continue reading “Propaganda 102 Supplemental: Get ‘Em Young” →

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” →

Bizarre, Constitutional Law, Criminal law, Politics, Society

Police Reportedly Demand To Use Home As Stake Out Despite Refusal of Family, Bash In Door, Shoot Homeowner with Pepperballs, and Arrest Him And His Father

images-1jchronisterRemember that whole business in the Third Amendment about not having quarter soldiers in private homes without the owner’s consent or that stuff in the Fifth Amendment about takings of property or that other stuff in the Fourth Amendment on unreasonable searches and seizures. It does not appear to apply to police in Henderson Nevada. The City of Henderson is being sued with its police chief Police Chief Jutta Chambers (left) as well as the City of North Las Vegas and its Police Chief Joseph Chronister (right) for a bizarre takeover of a home for a stakeout. Anthony Mitchell says that he was told that police needed to occupy his home to get a “tactical advantage” on the occupant of a neighboring house. When Mitchell refused, the police ultimately, according to his complaint, busted through his door, hit him with pepper balls, and put him into custody. The lawsuit also names Officers Garret Poiner, Ronald Feola, Ramona Walls, Angela Walker, and Christopher Worley.

Continue reading “Police Reportedly Demand To Use Home As Stake Out Despite Refusal of Family, Bash In Door, Shoot Homeowner with Pepperballs, and Arrest Him And His Father” →

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” →

Constitutional Law, Criminal law, Free Speech, Media, Society

California Man Chalks Up A Victory For Free Speech In Bank Of America Case

220px-Chalkimages-1We previously discussed the case of Jeff Olson, Chalk Menace. Olson, 40, was charged with an excessive 13 counts for writing a protest on the sidewalk in front of a Bank of America location. A former aide to the U.S. Senator from Washington, Olson used water-soluble statements like “Stop big banks,” and “Stop Bank Blight.com” outside Bank of America branches last year to protest the company’s practices. The bank’s security contractor (a former police officer) demanded charges from the police and prosecutor who hit the protester with charges that would have allowed 13 years in prison. After Olson was dragged into court, the judge barred him from even mentioned terms like “free speech” or “the first amendment.” I am happy to report that a California jury made quick work of this excessive prosecution and acquitted Olson. It appears that, even with the gag of the court, the jurors could recognize free speech when they saw it.

Continue reading “California Man Chalks Up A Victory For Free Speech In Bank Of America Case” →

Bizarre, Constitutional Law, Criminal law, Supreme Court

Ohio Police Threaten Unconstitutional Searches To Stop Citizens Who React “Suspiciously”

croppedThe police in Mayfield Heights, Ohio are clearly put out that the Supreme Court has ruled out checkpoints for drugs. They have come up with what they believe is the next best thing: fake drug checkpoints. They are effectively threatening an unconstitutional stop to see which drivers flee . . . and then searching their vehicles. It turns out that Police Chief Fred W. Bittner has support from the local prosecutors in threatening police abuse as a basis to stop cars.

Continue reading “Ohio Police Threaten Unconstitutional Searches To Stop Citizens Who React “Suspiciously”” →

Bizarre, Constitutional Law, Courts, Criminal law, Justice, Lawyering

The ABCs Of The Surveillance State: Six Gun Toting Alcohol Agents Pounce On College Kid Buying Bottled Water [Corrected]

By Mark Esposito, Guest Blogger

The Offending Contraband That Almost Got A UVa Student Shot
The Offending Contraband That Almost Got A UVa Student Shot

University of Virginia student Elizabeth Daly thought she was doing a good thing buying some La Croix bottled water and cookie dough ice cream from the Harris Teeter Supermarket to share at a charity event.  It was 10:15 p.m. and the twenty-year-old, along with her female roommate were trying get to a police sponsored “Take Back The Night” event where she thought  she would be listening to stories from sexual assault victims and developing strategies to combat the scourge of most college towns. Instead, as she crossed the dark parking lot and got into her vehicle, she was set upon by six people, one of whom jumped on the hood of her SUV and another who pulled a gun.

“I couldn’t put my windows down unless I started my car, and when I started my car they began yelling to not move the car, not to start the car. They began trying to break the windows. My roommates and I were … terrified,” Daly stated. Not wanting to become a victim herself, Daly heeded the words of her panic-stricken front seat passenger and took off.  As she did, she grazed two of the assailants.

“They were showing unidentifiable badges after they approached us, but we became frightened, as they were not in anything close to a uniform,” she recalled Thursday in a written account of the April 11 incident.

Continue reading “The ABCs Of The Surveillance State: Six Gun Toting Alcohol Agents Pounce On College Kid Buying Bottled Water [Corrected]” →

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” →