Category: Constitutional Law

Academia, Congress, Constitutional Law, Courts, Criminal law, Free Speech, Justice, Lawyering, Media, Politics, Supreme Court, Testimony, Uncategorized

America’s Broken Criminal Justice System

Submitted by: Mike Spindell, guest blogger

200px-JMR-Memphis1While I’m not a lawyer, I do write for this legal blog by the invitation of its creator Jonathan Turley. I first arrived on the scene here many years ago because since the age of ten I have had been interested in the nature of the broad spectrum of civil rights issues faced by this country. My interest became an obsession at the age of ten. My parents, who were quite liberal, allowed me to stay up way past my bedtime to watch Ed Murrow bravely attack Sen. Joseph McCarthy for his Communist Witch Hunt, by documenting the anti-constitutional excesses he used to destroy people’s lives and careers. Months later they kept me home from school to watch the Army/McCarthy Hearings which directly led to McCarthy’s downfall. On our twelve inch, black and white TV I watched this famous scene:

“On June 9, 1954, the 30th day of the Army–McCarthy hearings, McCarthy accused Fred Fisher, one of the junior attorneys at Welch’s law firm, of associating while in law school with the National Lawyers Guild (NLG), a group which J. Edgar Hoover sought to have the U.S. Attorney General designate as a Communist front organization. Welch had privately discussed the matter with Fisher and the two agreed Fisher should withdraw from the hearings. Welch dismissed Fisher’s association with the NLG as a youthful indiscretion and attacked McCarthy for naming the young man before a nationwide television audience without prior warning or previous agreement to do so:

“Until this moment, Senator, I think I have never really gauged your cruelty or your recklessness. Fred Fisher is a young man who went to the Harvard Law School and came into my firm and is starting what looks to be a brilliant career with us. Little did I dream you could be so reckless and so cruel as to do an injury to that lad. It is true he is still with Hale and Dorr. It is true that he will continue to be with Hale and Dorr. It is, I regret to say, equally true that I fear he shall always bear a scar needlessly inflicted by you. If it were in my power to forgive you for your reckless cruelty I would do so. I like to think I am a gentle man but your forgiveness will have to come from someone other than me.”

When McCarthy tried to renew his attack, Welch interrupted him:

“Senator, may we not drop this? We know he belonged to the Lawyers Guild. Let us not assassinate this lad further, Senator. You’ve done enough. Have you no sense of decency, sir? At long last, have you left no sense of decency?”

McCarthy tried to ask Welch another question about Fisher, and Welch cut him off:

“Mr. McCarthy, I will not discuss this further with you. You have sat within six feet of me and could have asked me about Fred Fisher. You have seen fit to bring it out. And if there is a God in Heaven it will do neither you nor your cause any good. I will not discuss it further.”

The gallery erupted in applause.”

The drama of this distinguished lawyer chastising one of the most powerful men in the United States and silencing his cruelty was one of the defining moments of my life. It spurred a lifelong interest in the Constitution, the Law and the rights of the American People. Today, among other ills, I believe that our American Criminal Justice System is broken. Let me explain why I believe that. Continue reading “America’s Broken Criminal Justice System” →

Constitutional Law, Courts, Criminal law, Free Speech, Justice, Lawyering, Media, Politics, Religion, Society

Sister Wives Case Now Set For Final Ruling

240px-sister_wives_tv_series_logoI am still in Salt Lake City, but we have had a great number of inquiries on yesterday’s hearing in the Sister Wives case. The two motions for summary judgment were argued with the state presenting its case through lead counsel Jerry Jenson and my presenting the case for the Brown family. Judge Clark Waddoups was obviously well-versed in the record and asked probing and fair questions to both sides. He has now taken the case under review for a final decision on the merits. I prefer not repeat or comment on statements in court from either myself or the judge. A few articles from the hearing are linked below.
Continue reading “Sister Wives Case Now Set For Final Ruling” →

Constitutional Law, Courts, Criminal law, Free Speech, Media, Politics, Religion, Society

Federal Court Set To Hear Final Arguments In Sister Wives Case

On Thursday, the federal court in Salt Lake City is set to hear final arguments in the Sister Wives case. The hearing on the motions for summary judgment will be heard on Thursday, January 17th at the federal courthouse in Room 102 before Judge Clark Waddoups. The Brown family has challenged Utah Code Ann. § 76-7-101 (West 2010) under seven constitutional claims, including due process, equal protection, free speech, free association, free exercise, the establishment of religion, and 42 U.S.C. § 1983. As lead counsel, I am limited in what I can say about the case publicly beyond the statement below.

Continue reading “Federal Court Set To Hear Final Arguments In Sister Wives Case” →

Congress, Constitutional Law, Courts, Criminal law, Politics, Society

What Is An Assange? Part II

turley_jonathan220px-John_Cusack_Comic-Con_2011John Cusack and I had a dialogue last year about civil liberties and other issues. John previously ran a second interview (actually half of a second interview) on Huffington Post. Huffington has now published the second half of this last interview. With the death of Aaron Swartz this month, the Assange case takes on even greater significance for many. Below is the full interview if you want to read it without edits for space.

Continue reading “What Is An Assange? Part II” →

Constitutional Law, Free Speech, International, Media, Politics, Society

The Fault, Dear Brutus, Is In Our Stars: Depardieu and Chan Strike Out Against Human Rights Activists In China and Russia

220px-Jackie_Chan_by_Gage_Skidmore150px-Gérard_Depardieu_Cannes_2010-1In Shakespeare’s Julius Caesar, Cassius tells Brutus,
The fault, dear Brutus, is not in our stars. But in ourselves.” When dealing with dictators and tyrants, that may often be the case but recently the fault in part seems to be our “stars.” In Russia, French actor Gerard Depardieu accepted Russian citizenship directly from the hands of Vladimir Putin after leaving France over its high taxes. Depardieu not only embraced the man who has destroyed the democratic movement in Russia but actually criticized Putin’s opposition which has risked jail and beatings to fight for free speech and other basic rights. In the meantime, actor Jackie Chan has again held forth in defense of China’s authoritarian government — telling Chinese that they need to stop criticizing the government in front of foreigners and that the U.S. is more corrupt than China.

Continue reading “The Fault, Dear Brutus, Is In Our Stars: Depardieu and Chan Strike Out Against Human Rights Activists In China and Russia” →

Constitutional Law, Criminal law, Media, Politics, Society

Propaganda 102 Supplemental: Holly Would “Zero Dark Thirty”
(c) 2012, Columbia Pictures, image used w/o permission.
(c) 2012, Columbia Pictures, image used w/o permission.

by Gene Howington, Guest Blogger

Upon the suggestion of long time and valued blog contributor James in LA, this column on “Zero Dark Thirty” and the controversy surrounding that film is offered as a supplement to the earlier entry in the series on propaganda,”Propaganda 102: Holly Would and the Power of Images“. It is in part movie review and in part a critical examination of the film’s content as related to the controversy around whether or not this film is pro-torture propaganda. Thank you for the excellent suggestion, James!

Is “Zero Dark Thirty” (ZDT) a good film? Is ZDT propaganda? If so, is it pro-torture propaganda (i.e. does it support or promote the idea of torture as a valid and/or necessary intelligence gathering methodology)?  Let us examine these questions . . .

Continue reading “Propaganda 102 Supplemental: Holly Would “Zero Dark Thirty”” →

Academia, Congress, Constitutional Law, Courts, Environment, Free Speech, International, Justice, Media, Politics, Society, Uncategorized

President Obama Disappoints, Why the Surprise?

Submitted by: Mike Spindell, Guest Blogger

495px-Constitution_of_the_United_States,_page_1Those who’ve read my comments here through the last two Presidential elections, know that I supported and voted for Barack Obama twice. Yet President Obama has been a disappointment to me throughout his Administration. His continuing support of what I consider extra-Constitutional intelligence gathering is a terrible thing. That Guantanamo Bay is still functioning is a continuing human rights violation. The continued American troop presence in both Iraq and Afghanistan is as disgraceful as the reasons that caused us to be there in the first place. Bradley Manning is an American hero that this country is illegally torturing with this President’s approval. The entire issue of the rising deficit and of a mythical “Fiscal Cliff” is one the President gives credit to, thus making it seem real to the public, while those decrying it merely are using it as a means of destroying America’s already frayed “social safety net”. The escape from criminal prosecution of the Bush Administration for War Crimes time has passed. The financial titans who collapsed our economy with their fraudulent manipulations will not be brought to justice, only become wealthier. The continuance of prosecuting the “War on Drugs” after we’ve seen marvelous public initiatives legalizing marijuana at State Levels, is a cruel hoax that destroys the lives of people in the name of protecting the citizenry. Need I go on to make the point of how disappointing this Administration has been? It would take tens of thousands of more words to do so, but then in this erudite group of those readers of this blog, it would be unnecessary, because so many here could do it on their own and perhaps better than I can.

Where I get confused at times here is in the continuing surprise that is expressed with each new violation of our rights, with each new foreign incursion and with the continued militarization of this country as it “goosesteps” towards the creation of an Empire. I get confused because I fail to understand why people who know better, would think that someone else as President could prevent all of these atrocious occurrences. This confusion is re-enforced by the fact that this blog has continually presented evidence that this country is no longer, if indeed it has been, under the aegis of our beloved Constitution. Leading the evidence presented here was Jonathan Turley’s blog post ”10 Reasons The U.S. Is No Longer The Land Of The Free”. http://jonathanturley.org/2012/01/15/10-reasons-the-u-s-is-no-longer-the-land-of-the-free/  As our esteemed proprietor followed up this post was selected as one of the top ten articles in the Washington Post’s Outlook Section for 2012. At the end of this piece I will give links to my own guest blogs which have also reinforced the idea that we are no longer the country of freedom that our establishment claims we represent. Thus comes my somewhat confused question as to why would we the denizens of this blog think that barring action by the people, that our President, or any other governmental officials could single-highhandedly return us to the ideals of our constitution. Continue reading “President Obama Disappoints, Why the Surprise?” →

Constitutional Law, Supreme Court

Missouri v. McNeely

-Submitted by David Drumm (Nal), Guest Blogger

150px-Seal_of_the_United_States_Supreme_CourtThis case, recently argued before the U.S. Supreme Court, involves a Missouri state highway patrolman who stopped McNeely’s truck for speeding at 2:08 a.m. The officer noted signs of intoxication and ordered McNeely out of the vehicle and performed a field sobriety test. McNeely performed the tests poorly and was placed under arrest. McNeely refused to consent to a breathalyzer test and was driven to a local hospital where blood was drawn without consent and without a warrant. The results of the blood test showed that McNeely’s blood-alcohol ratio was over the legal limit.

Continue reading “Missouri v. McNeely“ →

Bizarre, Constitutional Law, Criminal law, Society

Eleventh Circuit Bars Death Row Appeal Of Indigent For Lawyer’s Failure To File $154 Fee Or A Motion Of Indigent Status

200px-HK_Central_Statue_Square_Legislative_Council_Building_n_Themis_sShortly after Christmas, the Eleventh Circuit barred an appeal from Ronald B. Smith, a death row inmate in Alabama, due to his failure to “properly file” a document by the court deadline. The filing was actually timely but his lawyer failed to include a $154 filing fee or, in the alternative, file a motion that his client was indigent. He was indigent but that did not stop the Eleventh Circuit from barring the death row appeal. The Supreme Court has twice rebuked the Eleventh Circuit for its draconian treatment of such minor rules in capital cases but the judges on that court continue to dispense with notions of equity and proportionality (and justice) in barring such appeals. It turns out that his lawyer was under probation at the time and later committed suicide.

Continue reading “Eleventh Circuit Bars Death Row Appeal Of Indigent For Lawyer’s Failure To File $154 Fee Or A Motion Of Indigent Status” →

Bizarre, Constitutional Law, Religion, Society

Deceptive Advertising Or Divine Puffery? ChristianMingle.Com Makes Killing On Faith-Based Dating

Christian Mingle screengrabI was interviewed this week for an article today on ChristianMingle.com. I previously published a blog article on the precarious line between false advertising and faith-based pitches at the company. My favorite fact from Paul Farhi’s article below is that ChristianMingle is an outgrowth of a Jewish dating site that has now branched out into other faiths and made a killing by bringing the goyim together.

Continue reading “Deceptive Advertising Or Divine Puffery? ChristianMingle.Com Makes Killing On Faith-Based Dating” →

Constitutional Law, Criminal law, Politics, Society

Obama Administration Secures 10 Year Sentence Against Medical Marijuana Grower

PresObamamarijuana_leafFor those insisting that President Obama is likely to turn over a new leaf in his Administration’s crackdown on medical marijuana, you might want to tell Aaron Sandusky who was just given 10 years in prison for operating three medical marijuana growing enterprises in California. Continue reading “Obama Administration Secures 10 Year Sentence Against Medical Marijuana Grower” →

Constitutional Law, Criminal law, Free Speech, Media

Minnesota Man Criminally Charged After Filming Police in Public

user2593-1250187527--Ramsey_County_badgeWe have been following the continuing arrests and even prosecutions of citizens who film 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. The latest has a different twist. Andrew Henderson not only had his camera taken from him by police in Little Canada, Minnesota but he was charged with violating the the federal Health Insurance Portability and Accountability Act (HIPAA) by filming officers responding to a call.

Continue reading “Minnesota Man Criminally Charged After Filming Police in Public” →

Congress, Constitutional Law, Courts, Free Speech, Justice, Media, Politics, Supreme Court

FISA Extension Gets a Bipartisan Pass

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

It is always rare in Washington these days when a bipartisan majority passes any bill in the House of Representatives or the Senate.  However, while most of the media interest last week was fixed on the so-called “fiscal cliff” negotiations and the subsequent legislation that was passed and signed into law, maybe the media missed the more important legislation.  That missed legislation was a 5 year extension of the FISA amendments that was granted by the Senate in a bipartisan 72-23 vote last week.  “The Senate voted 72-23 last week to extend the FISA Amendments Act another five years, which President Obama signed Sunday. Unfortunately, the public discussion of George W. Bush’s warrantless wiretapping program may soon fade back into the shadows.”  ACLU

This is a continuation of the same Bush-era FISA bill that was alleged to spy on almost anyone’s electronic communication, all without warrants.  So, instead of sunshine being used to bring some accountability and transparency to this secret spying, for Five more years, American’s phone calls and text messages can be monitored almost at will by the government with little or no judicial restraint.  What is Congress and the Intelligence community hiding from the American people? Continue reading “FISA Extension Gets a Bipartisan Pass” →

Bizarre, Constitutional Law, Courts, Free Speech, Justice, Politics, Society

Who Is Your Co-pilot?
Or is he?
Or is he?

by Gene Howington, Guest Blogger

While touring about America’s roadways, it’s not unusual to see a vanity plate or bumper sticker that says “God Is My Co-Pilot”. It’s not unusual to see someone with a dog as a co-pilot. Can a corporation be your co-pilot?

We’ll soon find out thanks to Citizens United and Jonathan Frieman of San Rafael, California.  Mr. Frieman was pulled over for driving alone in the carpool lane.  He argued to the officer that he did actually have a passenger. In the form of articles of incorporation.  Upset (and reasonably so) over the Citizens United ruling, Frieman says he had been trying for years to get pulled over, ticketed and get a chance to take his argument to court that corporations and people are not the same.  His mission was accomplished in October when he was pulled over for driving alone in an HOV lane, ticketed and slapped with a $481 minimum fine.

It’s a common sense argument based in the reality that corporations are a legal fiction and not a real person. We’ve seen this argument in play here and in other media since the controversial – many if not most might say ridiculously bad – decision of Citizens United was rendered in 2010. But will it work in traffic court?

Continue reading “Who Is Your Co-pilot?” →