Category: Constitutional Law

Egyptian Court Bans Literature Journal For Publishing Blasphemous Poem

EgyptA respected literature journal, Ibdaa (or Creativity) has been banned by an Egyptian court for publishing blasphemous poem by poet Helmi Salem that compared God to a villager who feeds ducks and milks cows. It is only the latest crackdown on poets who have used the Koran or references to God in artistic ways.

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Federal Judge Appoints Special Prosecutor To Investigate Mishandling of Stevens Prosecution

225px-ted_stevenssullivanIn a remarkable order, U.S. District Court Judge Emmet Sullivan appointed a special prosecutor to investigate the Justice Department lawyers who mishandled the prosecution of former Sen. Ted Stevens (R., Alaska). The order reflects a degree of dissatisfaction and distrust over the Justice Department’s own internal investigation.

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Vermont Becomes Fourth State To Recognize Gay Marriage

125px-flag_of_vermontsvgflag-rainbow1Vermont’s legislature voted Tuesday to override the veto of Governor Jim Douglas (R) and become the fourth state to recognize gay marriage. This follows Iowa only last week, which achieved the same result through a vote of its Supreme Court. On the same day, the District of Columbia voted to recognize such marriages in other states.

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Obama Administration Invokes State Secrets To Kill Lawsuit Over Unlawful Surveillance Program

225px-official_portrait_of_barack_obama225px-george-w-bushIn yet another break with its campaign promise to fight to restore civil liberties and privacy, the Obama Administration has made a breathtaking claim of state secrets to block a public interest organization from suing the government for illegal surveillance. There is not a scintilla of difference in the legal position of President Obama and the position of President Bush in trying to quash any effort to challenge unlawful surveillance by the government. It appears the “yes we can” means “yes we can do most anything that we want” when it comes to unlawful programs. I discussed this story on this segment of MSNBC Countdown.

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NASA Captures Hand of God Reaching Across Space . . . As Stevens Goes To Court To Declare Victory

0_61_nebula_chandra_handNASA has captured a picture of what appears to be the hand of God reaching across space. Notably, the picture was taken as former Sen. Ted Stevens (R., Alaska) is about to appear in federal court to declare victory after the Justice Department drops its case against him.

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Federal Judge Rules Justice Department Withheld Evidence That Key Witness in Detainee Cases Was Mentally Disturbed

sullivanThe Justice Department is once again being threatened with contempt of court after United States District Court Judge Emmet Sullivan found that they withheld evidence from the defense that a witness in a “significant” number of cases was mentally disturbed. Judge Sullivan found that the testimony of the detainee was unreliable, could be challenged in other cases, and could be the basis for a possible contempt order against the government.

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Judge Claims Judicial Immunity After Being Sued for Judicial Corruption

judge-mark-ciavarella-247x300Now this take a bit of hubris. Disgraced former Pennsylvania judge Mark Ciavarella has moved to discuss federal lawsuits from juveniles who sent to jail after accepting bribes. tax evasion and depriving the public of their honest services for accepting more than $2.6 million in kickbacks in exchange for rulings that benefited the Pa Child Care and Western Pa Child Care centers. In a motion written by himself, Ciavarella demanded dismissal on . . . you guessed it . . . judicial immunity.

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Afghanistan Legalizes Rape and Obligates Women “To Preen” for Their Husbands

158px-flag_of_afghanistansvgFor years, there has been growing discomfort over the loss of American lives and treasure in Afghanistan while the government moves increasingly toward a Taliban-like legal system that rejects most of the rights that we consider fundamental for all humanity. Those concerns have been magnified this week with a new Afghan law that makes it legal for men to rape their wives. Under the law, a woman “is bound to preen for her husband as and when he desires.”

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Murphy’s Law: White House Military Office Withholds Evidence Leading to the Release of Convicted Air Force Officer

062608af_murphy_lawyerThe Air Force has completed a bizarre case involving a former senior judge advocate general to practiced for more than 20 years without disclosing that he had been disbarred from practice. Col. Michael D. Murphy was convicted on three counts of conduct unbecoming an officer and gentleman, one count of failing to obey a lawful order, and three counts of larceny. However, because the White House Military Office refused to release basic discovery material, he will not spend a day in jail and will simply leave the Air Force.

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Justice Department Finds D.C. Vote Bill Unconstitutional — Holder Reverses Conclusion and Declares Bill Constitutional

holdereric225px-alberto_gonzales_-_official_doj_photographThe Washington Post has revealed that an internal review has found that the D.C. Voting legislation is indeed flagrantly unconstitutional. However, Attorney General Eric Holder overruled the view of career lawyers and declared that the law is constitutional — thereby avoiding an embarrassing confrontation with Democrats. I waited to post this story because it could so easily be confused with an April Fool’s spoof yesterday. Holder’s actions, once again, show that political pressure and influence remains a problem at Justice. Rather than follow the dictates of the Constitution, Holder “corrected” the legal analysis by simply declaring the opposite conclusion to conform with political needs. Sounds like a prior attorney general.
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Islamic Owner Gives Up Franchise with Dunkin’ Donuts Over Long-Standing Fight Involving Pork Products

thumb_donut_11Dunkin’ Donuts has prevailed after a four-day trial with a former franchise owner, Walid Elkhatib. Elkhatib has had a long-running fight with the chain over his refusal to sell products containing pork. No one, it seems, messes with the doughnut people.
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Attorney General Eric Holder Announces Justice Department Will Not Investigate War Crimes Due to Prosecutorial Misconduct

holderericIn a major decision, Attorney General Eric Holder has announced that he has found that the Justice Department has acted improperly in barring any criminal investigation of well-documented war crimes committed by the Bush Administration in the torture program. To punish the failure of the Department to act in a timely fashion, he has announced that no criminal charges will be pursued regarding torture to teach prosecutors a lesson that “justice delayed is justice denied.”
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Supreme Court Dismisses Major Tobacco Case

supreme courtIn Philip Morris USA v. Williams, the Supreme Court has dismissed the appeal as “improvidently granted” in a long struggle with the Oregon Supreme Court. The Court had previously sent the case back twice to tell the Oregon court to review its huge punitive award. In this staring contest, the U.S. Supreme Court just blinked after the Oregon Supreme Court refused to consider the issues sent back on remand — instead upholding its $79.5 million punitive award million award on state grounds. With interest, that award may have doubled.

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