Below is my column in this week’s U.S. News & World Report, which is part of a debate over the question: Should Americans Be Worried About the National Security Agency’s Data Collection? On the other side was former Attorney General Alberto Gonzales and Professor John Yoo who answered the question in a predictable no. I suppose my answer was equally predictable.
Continue reading “Dr. Obamalove or How I Learned To Stop Worrying and Love a Police State”
There is an extraordinary case of prosecutorial abuse out of Ohio where former Assistant County Prosecutor Aaron Brockler, 35, is mystified why he has been fired. Let’s see if you can spot the reason. Brockler was given a murder case in which he was told that the accused had two girlfriends as alibi witnesses. Brockler then proceeded to pose as a woman on Facebook and engage the women in chats about the accused. He told the women that he was the former girlfriend of the accused and had an child by him. After enraging the women, he then spoke to them in his real capacity as a prosecutor and they refused to serve as alibi witnesses at the trial. Brockler is astonished that he would be fired for such dishonesty and insists that he was wrongfully terminated.
Edward Snowden, 29, is now a hunted man. The media this morning has moved from the shock over the massive surveillance of citizens to attacking Snowden as a leaker. Indeed, this morning, CNN’s Senior Legal Analyst Jeff Toobin denounced Snowden as a “clown” and someone who should be denounced. Toobin and I have been disagreeing a great deal lately. While I respect Jeff Toobin, I was surprised last week when he defended aspects of the investigation of journalists and later the massive surveillance programs. However, I was taken aback by the attack on Snowden. There certainly is a basis for criminal investigation — a point no one denies. He will have to answer for any violation of his clearance agreement and national security laws. However, it is the tenor and shift of the comments this morning that so surprised me. Rather than continue the debate of the loss of privacy, political and media figures are focusing on Snowden rather than the programs. You can disagree with his methods just as you can disagree with Julian Assange. However, there is an obvious effort to (like Assange) make him look unbalanced and dangerous. The story appears more complex. This is a man who gave up a $200,000 a year job and his likely freedom to reveal something that he felt the public should know about in the interest of privacy. You can disagree with his method, but few of his critics would even consider such a sacrifice for principle. Yet, the coverage this morning is largely on how to catch him and punish him. Over the weekend, the White House said it would find the person responsible and punish him. Snowden then self-disclosed his identity.
Continue reading “Leaders Call for Snowden’s Prosecution As CNN’s Toobin Calls Him A “Clown””
Below is today’s column in USA Today (the print version is a bit shorter). The column looks at the effort of President Barack Obama and his congressional allies to get citizens to give up privacy as they did protections of the free press, due process, and international legal principles on earlier scandals. It is truly the final measure of devotion demanded in what has become a virtual cult of personality.
There was an extraordinary scene in Texas that pitted student rights against school authority at the graduation for Joshua High School. Remington Reimer (great name by the way) has been accepted to the United States Naval Academy and was the speaker at the graduation. When he began his speech he mentioned that the school officials threatened to cut off his mike if he deviated from his speech. The mike then went dead.
Respectfully Submitted by Lawrence E. Rafferty (rafflaw)-Guest Blogger
You may recall an article that I wrote back in January discussing the Steubenville, Ohio rape case. It was a case where members of the town’s high school football team were charged with repeatedly raping and sexually assaulting an unconscious young girl and it also exposed the community support these alleged rapists had. In that case a local unit of the Hacktivist group, Anonymous, published tweets and pictures of the alleged rapists. One of the citations or links that I provided in the article has since been taken down and now the local Anonymous activist had his home raided by a FBI SWAT team and may be charged with hacking into the high school website and could face a potential 10 year sentence for the alleged crimes! You may ask what are the sentences that the now convicted rapists are facing? Since they were minors at the time of the alleged serial rape, they are facing 2 year sentences. Continue reading “What Is a Worse Crime, Rape or Publishing Evidence of the Rape?”
Submitted by Charlton Stanley (Otteray Scribe) guest blogger
This has not gotten much national press….yet. I had been hearing of these events through the aviation grapevine, but did not know for sure it was actually happening until the story of Gabriel Silverstein broke on the AOPA (Aircraft Owners and Pilots Association) news web page. Mr. Silverstein is a New Jersey businessperson who was returning from a business trip to California with his husband. He had filed a flight plan, and landed his Cirrus SR22, a small private aircraft, in Oklahoma for a fuel stop. At that time, he was subjected to a ramp check. By Federal Air Regulations, a ramp check is supposed to be done only by an FAA official. On a standard ramp check, the pilot has to produce documents showing the airplane is airworthy, is registered, and has the paperwork on board as required under Part 91 of the Federal Air Regulations. The pilot must show his or her pilot’s license and medical certificate. The Oklahoma ramp check was brief, and he went on his way. He had to stop for fuel again in Iowa City. Upon arrival, he went into the FBO (Fixed Base Operator) office to pay for his gas, take a break and file a new flight plan. When he returned to his plane, he found it surrounded by officers, being searched without his permission, and with no explanation. The officers said “Probable Cause” was the K-9 dog had “hit” on the baggage compartment. The officers ordered him to be quiet, and if he asked any more questions, he would spend the rest of the day in the back of a police cruiser in handcuffs.
One officer handed Mr. Silverstein a business card identifying him as being with the Department of Customs and Border Protection. Mr. Silverstein says the brown uniforms and shoulder patches he saw that day were identical to the one worn by the officer on the right in this stock CPB photo. On their web page, the CPB identifies this location as being at their Air and Marine Operations Center. I think we can safely assume this is not the main operations room, but only part of the operation.
Geography was not my favorite subject in school, but last time I looked, both Oklahoma and Iowa are a long way from any international border.
More Border Patrol and Homeland Security goodness over the jump, including a video interview with Mr. Silverstein.
-Submitted by David Drumm (Nal), Guest Blogger
The U.S. State Department recently released its 2012 International Religious Freedom Report. The report acknowledges the rights of non-believers: “Whether it be a single deity, or multiple deities, or no deities at all, freedom to believe–including the freedom not to believe–is a universal human right.” The report also notes that the “use of blasphemy and apostasy laws continued to be a significant problem, as was the continued proliferation of such laws around the world.”
Submitted by Mike Spindell, Guest Blogger
There is a new bill passed by the New York State Senate that relates to many of the blogs and discussions we have had here through the years. This bill would make it a felony to “annoy” a police officer acting in the course of his duties. While I can understand that directly interfering with a police officer in the middle of his duties should not be done, we have seen through the years that the police broadly interpret what is “interference” to include what is obviously a person exercising their First Amendment rights, such as responding negatively to a police officers actions or videotaping them. I find this law another distressing example of how far we are going in the direction of a police state, since as we have seen in our many blogs and discussions here it will be abused time and again. I will have several links at the bottom to illustrate some of the issues dealing with purported “police interference on the Jonathan Turley Blog alone. Continue reading “Don’t “Annoy” Your Local Police Or Else”
I have repeatedly written against the use of shaming and novel sentencing by judges around the country (here and here and here). Judges often thrill the public by imposing their own forms of justices — departing from conventional criminal sentences to force people to clean courtrooms with toothbrushes, wear demeaning placards, or carry out publicly humiliating tasks. These judges often develop a taste for such power and the public acclaim that unfortunately comes from humiliating people. Cleveland Municipal Judge Pinkey Carr is a case in point. Carr garnered clearly welcomed public attention by requiring a woman to wear a sign to punish her for reckless driving near a school bus. Now, Carr has taken to making such placards herself and, when citizens do not comply as marionettes, throwing them in jail. Such is the case with Richard Dameron who refused to carry an “idiot” sign hand crafted by Carr. In the hearing, Carr appropriately compared herself to the Burger King of the justice system.
As expected, in facing yet another attack on civil liberties by the Obama Administration, Democratic members are choosing personality over principle. Senator Dianne Feinstein (D., CA) has come out to assure the public that it is a good thing that the Administration is spying on them and encourage them to accept such surveillance as the new normal. In the meantime, Sen. Saxby Chambliss (R, Ga), insists that the surveillance must be fine because “to my knowledge we have not had any citizen who has registered a complaint relative to the gathering of this information.” Of course, it has been secret and just last February the Administration succeeded in blocking an effort of dozens of citizens and groups challenging such surveillance programs before the Supreme Court.
Continue reading “Learning To Love The Matrix: Feinstein Defends Warrantless Surveillance of All Citizens”
While the media in the United States (with some notable exceptions) have been criticized for relatively soft coverage of attacks on civil liberties by the Obama Administration, the British press appears to be filling the gap. The Guardian is reporting on a massive surveillance program by the Obama Administration where the government has ordered Verizon (and presumably other carriers) to turn over all calls made within the United States and calls between the United States and other countries. The surveillance was conducted under an order from our controversial secret court, the Foreign Intelligence Surveillance Court, and demanded by the Justice Department and the FBI. The Administration has confirmed the existence of the program — another blow to civil liberties under Attorney General Eric Holder and this president. It also adds another area where Obama officials appear less than candid with Congress. [Update: USA Today first revealed aspects of this program in 2006]
Continue reading “Obama Administration Confirms Massive Surveillance Program Of U.S. Citizens”
Sen. Lindsey Graham, R-S.C., shocked many yesterday when he went public to muse over the question of whether bloggers “deserve First Amendment protection? These are the issues of our times.” Actually, it may be a question for Lindsey Graham but it is not a question of our time. Bloggers are clearly entitled to first amendment rights as are other citizens. Graham appears to be trying to raise the question of whether they are entitled to protections accorded journalists under a federal shield law.
There have long been complaints about the temperament and civility of Judge Edith Jones of the New Orleans-based 5th U.S. Circuit Court of Appeals. Indeed, when I clerked on that court, Jones was rather infamous for her run-ins with colleagues and others. Jones has been criticized for her extremely conservative views and, more importantly, her perceived intolerance (and hostility) for opposing views and colleagues. This includes telling another judge to “shut up” in oral argument. Now, she is facing a formal complaint over a Federalist Society speech given at the University of Pennsylvania where she allegedly said that certain racial groups are predisposed to crime and that defenses like mental competence and actual innocence are “red herrings” among other bizarre claims.
In a blow to civil liberties, the Supreme Court yesterday voted 5-4 to allow police to collect DNA from suspects arrested in serious crime cases. The decision by Justice Anthony Kennedy opens the door for the collection and retention of a massive DNA databank by the states and federal government. The decision produced a strange lineup with Justice Antonin Scalia writing a dissent (with Ginsburg, Sotomayor, and Kagan) and normally liberal Justice Stephen Breyer joining Kennedy, Thomas, Alito, and Roberts. It is a disastrous case for Breyer to lose his bearings. His switch denied the creation of a bright line rule protecting privacy and forestalling such a databank.