Category: Constitutional Law

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

SWAT: Is America Coming Under Martial Law?

Submitted by: Mike Spindell, guest blogger

flag-american1 This blog, like many others has an internal search function that will lead you to past stories. It is located beneath the smiling countenance of our proprietor on the upper right. If you enter SWAT into search, you see that the first archive page shows 19 stories involving SWAT raids that were unnecessary and/or unwarranted. In those raids 4 people and 9 dogs were shot in error by the SWAT Team. Just a catalog of the shootings belies the terror that these raids can instill in people who are merely residing within their homes. Many of the articles detail doors suddenly smashed open, flash grenades and gas grenades tossed into the home, people thrown to the floor handcuffed and left for hours in that position, by invading SWAT teams that either had the wrong house, faulty leads and or in some cases enforcing what were clearly civil warrants. In one instance in California a SWAT raid was carried out due to the suspicion of a defaulted student loan. http://jonathanturley.org/2011/06/08/california-family-hit-with-swat-raid-ordered-by-the-department-of-education/

I believe that the rise of these SWAT teams is leading this country towards martial law and what we all commonly understand is a “police state” as repressive as any we’ve seen in the past century. We have seen constant encroachment on our citizens Constitutional protections and a continued erosion of “the Bill of Rights”. Free Speech, the right to peacefully assemble, Habeas Corpus and safety from unwarranted intrusion in our own homes, among others, have been steadily eroded under various guises, be it the drug war, or national security. In my opinion the SWAT team concept, which militarizes our police forces, is leading this nation to what I see as a state of Martial Law. Despite ones place on the currently inflamed political spectrum, this is a problem that I think concerns us all as citizens, not as partisans. I will present to you sufficient proof of my belief, the majority of which will come from what can be fairly described as a “Libertarian Think Tank” and which was founded by Charles Koch, among others. When I find myself on the same side on an issue as the Cato Institute, then I know with certainty that my fears are well grounded and unrelated to any personal partisanship of my own. Continue reading “SWAT: Is America Coming Under Martial Law?” →

Constitutional Law, Torts

It’s Hard Out There For A Pimp

-Submitted by David Drumm (Nal), Guest Blogger

OKeefeJuan Carlos Vera will receive (US)$100,000 in a settlement of his lawsuit against James O’Keefe. The money is to be paid within 30 days and, as part of the settlement, O’Keefe “regrets any pain suffered by Mr. Vera or his family.” Vera was an employee of ACORN in National City, California, when, in 2009, James O’Keefe, posing as a law school student boyfriend (not a pimp) and Hannah Giles, dressed similarly to a prostitute, surreptitiously video-taped the encounter. A “severely edited” version was published by the late Andrew Breitbart and Vera was subsequently fired.

Continue reading “It’s Hard Out There For A Pimp” →

Congress, Constitutional Law, Courts, Military, Society

A Non-Combatant Terrorist? Holder Issues New Statement On Obama’s Right To Kill Citizens Without Charge or Conviction

dronetoy2PresObamaWe previously discussed how Attorney General Eric Holder wrote a letter confirming that the President would have authority to kill citizens on U.S. soil without a charge or conviction. His answer triggered a principled filibuster by Sen. Rand Paul and another embarrassment to Democratic Senators who, again, chose personality over principle in staying silent. Now, Holder has issued a new statement. No, President Obama still claims the right to kill U.S. citizens on his sole authority. However, Holder now says that, if the citizen is “not engaged in combat on American soil,” the President cannot vaporize him. The answer leaves the constitutional claim of Obama even more confused and conflicted. Does this mean we have a third category now under the policy: citizen, citizen terrorist, and citizen non-combatant terrorist? The difference appears to determine whether you can be vaporized or speak to counsel but Holder is not explaining to the citizenry.

Continue reading “A Non-Combatant Terrorist? Holder Issues New Statement On Obama’s Right To Kill Citizens Without Charge or Conviction” →

Congress, Constitutional Law, Criminal law, International, Society

Members Denounce Decision To Give Al Qaeda Spokesman Real Trial

BinLadenSoninLaw_20130308_045031Congress is again showing its traditional contempt for the rule of law this week with members crying foul that Sulaiman Abu Ghaith, an Al Qaeda spokesman and son-in-law of Usama bin Laden, would be actually given a fair trial. Senators like Lindsey Graham (who just yesterday condemned a fellow Senator for standing against Obama kill list policy) has denounced the decision not to give Abu Ghaith a military tribunal trial where basic constitutional protections are denied to detainees.

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Academia, Constitutional Law, Courts, Politics, Society

Alabama Judge Orders Governor Not To Sign Controversial Education Bill

Price.Charlesbentley_portrait_180There is an interesting case out of Alabama where Circuit Judge Charles Price has issued an extremely rare order blocking a governor from signing a controversial education bill. Price wants to have a mid-March hearing on the legal issues surrounding the education bill and does not want Governor Robert Bentley to sign it until then. The teachers’ group, Alabama Education Association, has argued that the Republicans bypassed state rules in the inclusion of a tax credit measure. Even if they are right, however, Price’s order seems wildly out of line as a constitutional matter.

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Congress, Constitutional Law, Politics

Rand Paul Takes Stand Against Obama’s Kill List Policy . . . Virtually Alone

220px-Rand_Paul,_official_portrait,_112th_Congress_alternateSen. Rand Paul has ended his day-long filibuster against President Obama’s claim to be able to kill any U.S. citizen on his own authority without criminal charge or conviction. What was most striking about this principled stand is the virtual total absence of Democrats in speaking out against Obama. Just this week, Attorney General Eric Holder admitted that this policy could include killing citizens on U.S. soil with drones. Yet, the Democrats worked to stop not the kill list policy but Paul’s filibuster. Obama apologists have attacked Rand for some of his other positions to avoid dealing with the fact that Obama is claiming the powers of an Imperial President. I do not agree with Paul on many things, but I commend him for this stand and condemn those who remained silent, again, in the face of this authoritarian policy of Obama.

Continue reading “Rand Paul Takes Stand Against Obama’s Kill List Policy . . . Virtually Alone” →

Congress, Constitutional Law, Criminal law, Politics, Society

Holder Tells Senator That Obama Does Have Authority To Kill Citizens With Drones On U.S. Soil Without Criminal Charge or Conviction

300px-MQ-9_Reaper_-_090609-F-0000M-777President_Barack_ObamaAttorney General Eric Holder this week held out the possibility that the President could kill an American citizens with a drone attack on U.S. soil without any criminal charge or trial. After Holder announced President Obama’s kill list policy, many apologists for the Administration insisted that the policy was limited to targets outside of the United States and was subject to a form of due process of the President’s own making. At the time, I wrote that these arguments were nothing but spin by the Administration and its supporters since the underlying claim of authority would have no such limitations. Holder now appears to have confirmed that even they do not believe in such limitations. This follows the release of a memo showing that Holder’s description of the policy at Northwestern University Law School was narrower than the actual policy described within the Administration.

Continue reading “Holder Tells Senator That Obama Does Have Authority To Kill Citizens With Drones On U.S. Soil Without Criminal Charge or Conviction” →

Bizarre, Constitutional Law, Criminal law, Free Speech, International, Politics, Religion

Wałęsa’s Wall: Lech Wałęsa Calls For Gay Lawmakers To Sit Behind Wall

220px-Lech_Walesa_-_2009Lech Wałęsa won the Noble Prize for fighting for Polish independence against the Soviet bloc, a move that ultimately helped bring down the wall dividing East from West. However, he seems to have rediscovered the comfort of a wall in his latest comments calling for homosexual members of parliament to be placed behind a wall to remind them that they are a minority and should adapt themselves to smaller things.”

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Constitutional Law, Courts, Criminal law, Free Speech, Justice, Politics, Society, Uncategorized

The NATO 3 and Free Speech

Flag_of_NATO_svg

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

You may recall the demonstrations against the NATO Summit that was taking place in Chicago in May of 2012.  On May 16th, 2012, the Chicago Police Department made a military style raid on an apartment where several demonstrators were staying during the Summit.

“On May 16, 2012, the Chicago Police Department (CPD) conducted a violent midnight preemptive raid of an apartment housing 11 activists. Two of them, it would later be exposed, were actually undercover informants working on behalf of the CPD.  Staying in an apartment in the Bridgeport neighborhood on the south side of Chicago, the activists were in town to protest the North Atlantic Treaty Organization (NATO) Summit, held May 20-21.  The military-style raid led to the eventual charging of three of those activists in the Windy City to protest the NATO Summit with conspiracy to commit acts of domestic terrorism and other related charges – under Illinois’ terrorism statute – in the form of a legal bail proffer. It was the first time the law – passed in haste by the Illinois legislature after the Sept. 11, 2001, attacks – had ever been used.”  Truthout   Continue reading “The NATO 3 and Free Speech” →

Constitutional Law, Supreme Court

Oral Arguments In Voting Rights Case

-Submitted by David Drumm (Nal), Guest Blogger

scaliaOfficial Portrait of Justice Sonia SotomayorThe U.S. Supreme Court held oral arguments (pdf) in Shelby County v. Holder, a case involving Section 5 of the Voting Rights Act. Shelby County, Alabama, is challenging its requirement under Section 5 to get preclearance, from either the United States Attorney General or a three-judge panel of the District Court of the District of Columbia, before making any changes to their voting rules. Oral arguments before the Supreme Court seem to be one-sided with the Justices hammering the attorneys who seem totally unprepared with counter-arguments.

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Constitutional Law, Politics, Society, Supreme Court

Obama Administration Supports Gay Marriage . . . Sort Of

President_Barack_Obama200px-Rosa_Parks_BookingThe Obama administration appears to have celebrated the unveiling of the statue of Rosa Parks in the Capitol by arguing that same-sex couples should be allowed to move halfway up the marital bus. In its amicus brief filed his week in Hollingsworth v. Perry. The Administration spent much of its first term fighting to uphold the Defense of Marriage Act (DOMA) and refusing to accept that same-sex couples are entitled to the same protection as other couples. Now, the Administration is advancing a highly nuanced argument that conspicuously falls short of calling for a constitutional right to marriage for all couples. Instead, it is arguing for a type of constitutional balkanization where gay and lesbian couples would be given equal treatment under an “eight-state” solution.

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Constitutional Law, Society

Colorado Parents Sue To Have Their Six-Year-Old Transgender Student Use School’s Female Bathrooms

20130226__coymathis~p1_200There is an interesting case of parents suing the public school in Fountain, Colorado for failing to accommodate their transgender child. These lawsuits have become more common, but in this case the school is the Eagleside Elementary School and the child is just 6 years old. Kathryn and Jeremy Mathis insist that their child, Coy Mathis, was born a boy but identifies as a girl and wants to use the girls’ restroom.

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Constitutional Law, Criminal law, Free Speech, International, Politics, Religion

New Report Details Global Crackdown On Atheists and Secularists

200px-flag_of_the_united_nationssvgThe United Nations this week heard of rising abuse against atheists, agnostics, and secularists around the world. A report on this abuse, including executions, was given to a panel including Pakistan, Mauritania and Maldives which impose the death penalty on blasphemers. Turkey used the opportunity to call for the protection of “people of faith.”

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Bizarre, Constitutional Law, Criminal law

Montgomery Police Arrest a Citizen For Filming Them In Public

We appear to have another citizen arrested for exercising his constitutional rights to videotape police in public.  Jared Parr, the founder of a YouTube channel called Rockville Cop Watch, has posted his encounter with Montgomery County Police officers at a routine traffic stop.  The officers are shown demanding that he turn off his camera and what proceeds is yet another tirade from an officer who seems entirely clueless about the first amendment and basic constitutional rights. For a prior column on this issue, click here.

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Constitutional Law, Supreme Court

“Probable Cause On A Leash”

-Submitted by David Drumm (Nal), Guest Blogger

500px-Seal_of_the_United_States_Supreme_CourtThe United States Supreme Court recently issued a unanimous (9-0) decision in Florida v. Harris (2013) that deals with probable cause and drug detection dogs. The Court overturned the Florida Supreme Court ruling (pdf) and held that the police officer had probable cause, based on the dog’s reliability, to search Harris’s truck. The Court also held that: “If the State has produced proof from controlled settings that a dog performs reliably in detecting drugs, and the defendant has not contested that showing, the court should find probable cause.”

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