Category: Constitutional Law

The President Has Been Afraid of What?

Submitted by: Mike Spindell, guest blogger

As someone who voted for and rejoiced in Barack Obama’s election in 2008, I had certain expectations for his Presidency. My expectations heightened with the Democratic party’s majorities in Congress. Foremost I wanted to see a swift end to both wars, which I believe are unjust and draining the resources of this country. Since Obama was presumably a constitutional law scholar, I expected that he would return this country to the Rule of Law. I expected the new President to eliminate the Bush constitutional usurpation of our government and people, occurring with Democratic Party compliance. The Administration would end the widespread use of torture, rendition, and the excesses of The Patriot Act. His Department Of Justice would prosecute those who were responsible. As far as the economic crisis engendered by Wall Street excesses, I had faith that he would deal with it through FDR like projects, by re-regulation/prosecution of the financial industry and ending the unjustified Bush Tax cuts for the wealthy.

 That none of this has happened, or was even attempted has filled me with disappointment and anger towards this Administration’s performance. In my mind as I tried to make sense of it of this betrayal, there was a nagging suspicion. What if the “powers that be” in our Country including the Military-Industrial complex had sent the word to the newly elected President: “Play ball”, or find yourself and your family grievously threatened? I was a young adult through the 60’s as I watched the assassinations of my heroes, one of whom was a President. I’m not  comfortable with the official explanation of these deaths, since there was much that didn’t make sense. In the 70’s The Pentagon Papers, Watergate, and later the Church Committee Report on the CIA gave credence to the possible actions of a secret government. In addition, we learned from General Smedley-Butler, http://en.wikipedia.org/wiki/Smedley_Butler  that a group of businessmen had contacted him in 1934 about leading a coup against FDR. One of those conspirators was Prescott Bush, father of Bush I and grandfather of Bush II. Later, Prescott Bush was involved in a Bank that had financed the NAZI’s rise to power. http://www.guardian.co.uk/world/2004/sep/25/usa.secondworldwar.

On September 7th, Rob Kall’s OpEdNews published “Obama Team Feared Coup If He Prosecuted War Crimes”.  Andrew Kreig, executive director of the Justice Integrity Project, wrote this article. There are some very persuasive points in it and I believe it is worth your perusal and comment:

http://www.opednews.com/articles/1/Obama-Team-Feared-Coup-If-by-Andrew-Kreig-110907-156.html

If this speculation were true, it would go a long way towards explaining what we’ve been seeing from the Obama Administration. It would also be a disaster for any notion of the Rule of Law.  Continue reading “The President Has Been Afraid of What?”

Galliano Found Guilty Of Anti-Semitic Comments

CNN is reporting that fashion designer John Galliano was found guilty Thursday in a French court on charges of making anti-Semitic comments against at least three people in a Paris café. He has been fined 6,000 euros. It is the latest example of a crackdown on free speech in the West. As obnoxious and reprehensible as these comments were by Galliano, the case would have been dismissed on free speech grounds in the United States.
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Nuremburg Revisited and Revised: The Legitimation of Torture in the United States

With the approach of the ten-year anniversary of September 11th, this chapter of a new book may be of interest. I agreed to join authors from both sides of the debate in a discussion of the legacy of the attacks, though the book is heavily weighted with conservatives ranging from John Ashcroft to Michael Mukasey to John Yoo. I was not aware when I agreed to do the chapter that Yoo would join Dean Reuter as an editor on the book. Despite my strong feelings about Yoo’s infamous role in the torture program, I felt that I had to fulfill my promise so I wrote a chapter on torture and the torture lawyers, including Yoo. The book is entitled Confronting Terror: 9/11 and the Future of American National Security.
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The Real Tea Party, Not Today’s Tea Party Fakes

Submitted by: Mike Spindell, guest blogger

Today I came across this fascinating exposition on a facet of American History often overlooked in our educational syllabus. The Boston Tea Party, from which today’s Tea Party takes its’ name, was actually a revolt against the dominance of the largest Multi-national Corporation of its’ time and its’ monopoly of the ubiquitous tea trade. The power of this entity came through its political dominance of the British Monarchy and with its’ compliance and enforcement of this Corporation’s needs. Contrast the actual positions of today’s “Tea Partier’s” with those whose names they usurp. I think you will find this a fascinating video and I will comment after the fold.

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Police Assist Apple Security In Search For iPhone 5

-Submitted by David Drumm (Nal), Guest Blogger

It appears that a prototype of the new iPhone 5 was lost at a bar in San Francisco. Can you say déjà vu all over again? Apple was able to track the device to a residence in San Francisco and four San Francisco police officers accompanied two Apple employees to the residence.

“The two Apple (security) employees met with the resident and then went into the house to look for the lost item. The Apple employees did not find the lost item and left the house,” the police statement said.

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District Court Finds Hierarchy Of Privacy Interests

-Submitted by David Drumm (Nal), Guest Blogger

In the case of United States v. Johnson, four law enforcement officers conducted a “knock and talk” at a residence in Smyrna, Tennessee after an anonymous tip indicating that the residents possessed marijuana and a firearm. Johnson and his wife, Karen, emerged from the bedroom and the officers sought consent to search the house. Karen gave consent but Johnson did not consent (disputed by the officers). The officers searched the house and found a handgun, counterfeit money, and 100 grams of marijuana.

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Indelible Ruling: Federal Judge Allows Case of Free Speech Protester To Go Forward Against TSA

Aaron Tobey attained a degree of fame in carrying out a rather novel form of protest for civil liberties at an airport security point. Tobey stripped down and used a black marker to display a quote from of the Fourth Amendment on his bare chest reading “The right of the people to be secure … against unreasonable searches and seizures shall not be violated.” He was arrested for his conduct, but now federal District Judge Henry Hudson had ruled that part of his lawsuit against the TSA can go forward to trial.
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Ninth Circuit Holds Firefighter Can Sue Detectives After Arrest Based on False Allegations of Child Pornography

The Ninth Circuit has handed down a major ruling that a firefighter can sue detectives who accused him falsely of creating two child-pornography websites. The Ninth Circuit panel ruled in an opinion written by Judge Richard Paez that Washington State Police officers Rachel Gardner and John Sager had shown a “reckless disregard for the truth” when they arrested Spokane firefighter Todd Chism in 2008.

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Is Florida’s Drug Testing Of Welfare Recipients Constitutional?

-Submitted by David Drumm (Nal), Guest Blogger

Governor Rick Scott (R-Florida) imagines that welfare recipients were likely drug addicts so he signed a law that mandates drug testing before they can receive cash benefits from the state. “The goal of this is to make sure we don’t waste taxpayers’ money,” Scott said. How’s that working out? About 2 percent have tested positive and ninety-six percent proved to be drug free — leaving the state on the hook to reimburse the cost of their tests.

Financially, Florida taxpayers may save a whopping $40,800-$98,400 for a program that has been predicted to cost $178 million. That’s before the legal costs from a threatened ACLU challenge to the law’s constitutionality.

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Law Professor Sues Pitt For Age Discrimination

The University of Pittsburgh School of Law is being sued for age discrimination by tax professor William J. Brown. Brown, 73, first began at Pitt in 1968 and earned tenure at that institution. After 30 years, he left to accept a post as director of the Graduate Tax Program at Duquesne’s business school. When he returned in 2006, he alleged was blocked to returning as a full-time faculty member by a decision of the law school to seek younger faculty members.
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Ninth Circuit Rules Family Can Sue California Officer Who Shot Handcuffed Son In Back of Cruiser

We previously followed the case of Madera (Ca.) officer Marcy Noriega, who shot and killed a handcuffed suspect, Everardo Torres, in the back of a cruiser — after mistaking her semiautomatic pistol for her Taser. Now, the United States Court of Appeals for the Ninth Circuit has ruled that Torres’ family can bring a lawsuit against the officer. Previously, Chief U.S. District Judge Anthony Ishii ruled that the officer had complete immunity from lawsuit in such a circumstance.
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Swimsuit Lawsuit: Bankruptcy Lawyer Sues New York Over Swimsuit Requirements in Lifeguard Tryouts

Roy Lester, 61, has filed a rather novel challenge against the New York Office of Parks, Recreation and Historic Preservation. Lester is a bankruptcy lawyer who has worked as a Long Island lifeguard as a second job. He has filed an age discrimination suit based on the requirement that he wear either a speedo swimsuit or, alternatively, a loose-fitting swimsuit. He insists that he should be allowed to wear swim jammers and that the denial of his choice constitutes age discrimination. Lester is a bankruptcy lawyer and this lawsuit indicates that he is better suited for that field than constitutional and discrimination law.
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Proposed Libyan Constitution Would Make Sharia The Governing Law

For months, critics have observed that the rebels in Libya contains worrisome elements of religious extremists and that the rebel forces have been accused of war crimes (as have the government forces). The concern is that, like our work in Afghanistan (ultimately helping Al Qaeda and the Taliban), we have little understanding of who we are bringing to power in Libya in our intervention into that civil war. That concern is magnified this week by the release of the draft constitution, which (unless changed) would make Sharia law the governing law of Libya.

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