The debate continues to rage this week over the push by Vice President Dick Cheney and others to have former President George Bush deploy active military units in a suburb of Buffalo to arrest a small group of men who were suspected of supporting terrorism (here). Nor surprising, Bush officials went to Berkeley law professor John Yoo to tell them that (surprise!) the President was not bound by the Fourth Amendment or federal law if he unilaterally declared the operation to be a national security matter. Yoo and his former colleague conclude that “the president has the legal and constitutional authority to use military force within the United States to respond to and combat future acts of terrorism, and that the Posse Comitatus Act does not bar deployment.” I discussed the controversy on this segment of Countdown.
Continue reading “Yoo Must Be Kidding: Professor Argues That Bush Could Negate Both The Fourth Amendment and The Posse Comitatus Act By Simply Declaring Deployment To Be A National Security Matter”
Category: Constitutional Law
The British army took a remarkable and commendable step this month by featuring Trooper James Wharton, an openly gay soldier. While U.S. military officers continue to fret over gays in the military and discharge decorated heroes for their private relations, the British has shown that tough guys can be gay guys.
In yet another indication of how extreme Bush officials were in their war on terrorism, the New York Times is reporting that Vice President Dick Cheney and others pushed former President George Bush to send troops into Buffalo New York to arrest a group of men accused of terrorism.
Continue reading “Report: Bush Considered Sending Troops Into Buffalo for Terror Sweep”
The chairman of the House Judiciary Committee today called for U.S. Attorney General Eric Holder to appoint a special counsel to probe potential abuses of power under the Bush administration. House Judiciary Chairman John Conyers (D-Mich.) has called upon U.S. Attorney General Eric Holder to appoint a special prosecutor to look into alleged Bush crimes. Holder has continued a rather transparent effort to block or curtail any investigation to prevent the prosecution of Bush officials for the torture and surveillance programs.
Continue reading “Conyers Calls for Special Prosecutor on Alleged Bush Crimes”
It took New York Attorney Joseph DePaula four years but he has finally prevailed in his false arrest claim after he was thrown into jail for calling an officer a “prick” in court in 2005.
Continue reading “If You Prick Us, Do We Not Bleed? New York Lawyer Prevails in Contesting Arrest for Foul Language”
Cambridge Police Sergeant James M. Crowley is considering a defamation lawsuit, according to his lawyer. The possibility of a lawsuit adds an intriguing element to this controversy over the arrest of Harvard Professor Henry Louis Gates Jr. The Massachusetts Police Commissioner Robert Hass has also come out to criticize the comments of President Barack Obama denouncing the actions of the police as “stupidity” and suggesting that it was a case of racial profiling.
Continue reading “Report: Sgt. Crowley Considering Defamation Lawsuit in Gates Controversy”
There is an interesting fight brewing in Silverton, Oregon. The people of Silverton received national attention with the election of Stu Rasmussen, the nation’s first openly transgender mayor. Now, however, a complaint has been filed against Rasmussen who showed up in a swim top and miniskirt to meet with local kids. A parent has charged that Rasmussen showed “too much skin” while Rasmussen insists that it was too “hot and sticky” to wear anything else.
Continue reading “Pressing the Flesh: Complaint Filed Against Transgender Mayor for Showing “Too Much Skin””
We have yet another case of an employee being fired for activities outside of work. The case of former Fort Myers beach, Florida town manager Scott Janke, however, is a bit different. He is being fired because of his wife Anabela Mota Janke’s work as a porn star. Mayor Larry Kiker called a city council meeting without Janke present and secured an unanimous vote of 5-0 to terminate his contract because of what his wife does for a living. Kiker’s action runs afoul of the privacy and free speech and free association rights of this couple. Yet, he is relying on a contract that allows Janke to be fired for good cause, bad cause or no cause at all.
Continue reading “Florida City Manager Fired After Disclosure of Wife’s Work as Adult Film Star”
Rhode Island Judge Michael Forte has a curious concept of free speech and a dangerous view of judicial authority. Forte recently issued an order banning the sister of a father in a custody battle from commenting on the case on Facebook. Michelle Bouthillier Langlois, 41, has been defending her brother Michael from domestic-abuse allegations.
Continue reading “Rhode Island Judge Bans Sister From Commenting on Facebook About Her Brother’s Custody Case”
Who needs the WWF when you have the Korean legislature? When the Grand National Party pushed through a bill relaxing restrictions on the media, opposition members decided to tables the matter by throwing actual table and chairs while charging the podium. This is only the latest just gladiatorial event in the main hall of the Korean National Assembly.
Continue reading “When Legislators Attack: South Korean Legislature (Again) Erupts Into Brawl”
Four House Democrats have finally stepped forward to denounce the Bush-like policies of President Obama, particularly his recent signing statement proclaiming that he is not bound by federal legislation. The letter was signed by Reps. David Obey of Wisconsin, chairman of the House Appropriations Committee; Barney Frank of Massachusetts, chairman of the House Financial Services Committee; and subcommittee chairs Reps. Nita Lowey and Gregory Meeks of New York. The letter breaks from the lockstep loyalty shown Obama despite his adoption of many of Bush’s most controversial positions.
Continue reading “Democrats Denounce Obama for Bush-Like Signing Statement That He Is Not Bound By Federal Legislation”
In yet another failure to honor its promises to civil libertarians, the Obama Administration has failed to honor its own deadline for the submission of a report on its policy for the detention of terror suspects. The report was expected to give details on Obama’s promise to shutdown the U.S. military prison at Guantanamo Bay.
Continue reading “Obama Administration Misses Deadline for Report on Detainees”
A leading civil rights organization in China, the Open Constitution Initiative, was effectively shutdown last Friday by the Chinese government, which seized its computers and files — including sensitive files on the tainted milk powder scandal that killed at least six children and hurt hundreds of thousands.
Continue reading “China Raids and Confiscates Computers and Files of Leading Civil Rights Activists”
The controversy over President Barack Obama continues with an interesting twist: Maj. Gen. Carroll Dean Childers (ret.) and active U.S. Air Force reservist Lt. Col. David Earl Graeff are supporting the litigation. On July 8th, Maj. Stefan Frederick Cook filed the suit July 8th in federal court demanding conscientious objector status and a preliminary injunction based upon his claim that President Barack Obama is not a natural-born citizen of the United States. He argued that, since Obama cannot serve as president of the United States, he cannot order him to deploy as commander-in-chief of the U.S. Armed Forces.
Continue reading “Retired Major General Supports Litigation Over Obama’s Birth Status”
Rev. Edward Pinkney is a minister who relishes the wrath of God — particularly as an extension of his own criminal case. Pinkney recently ordered down fire and damnation upon the head of Judge Alfred Butzbaugh. Judge Butzbaugh took the extraordinary (and unlawful) step of ordering that Pinkney refrain from “defamatory and demeaning” communications as part of his probation. The court revoked his probation after Pinkney wrote the article below calling Judge Butzbaugh a “racist,” “dumb,” and “corrupt,” and predicting his demise at the hands of the Almighty. The Michigan Court of Appeals wisely found the order and revocation to be obvious violations of his first amendment rights.
Continue reading “Michigan Appellate Court Overrules Minister’s Probation Revocation for Unleashing “Demons” on His Trial Judge”