Just when the nightmare of John Ashcroft has receded in many minds, he’s back to remind us how we became an international pariah for our abandonment of fundamental legal principles and why the Supreme Court and other courts have ruled repeatedly against the Bush Administration. In the video below, Ashcroft scoffs at the suggestion that detainees deserve a fair trial, revealing his evident contempt for the rule of law.
Continue reading “Ashcroft “Stunned” People Think Detainees Deserve Due Process”
Category: Constitutional Law
There is another interesting case to emerge from the New Hampshire Supreme Court. A former district court bailiff, Robert Theriault, 51, was charged with prostitution after offering a couple $50 to allow him to videotape them having sex. The Court ruled in the opinion below that the state could not prosecute him for prostitution on first amendment grounds since this is precisely what people do in making pornographic movies — which constitutes protected speech. One could call this the Isherwood Defense from Christopher Isherwood’s 1955 movie class, “I Am A Camera.”
Continue reading “I Am A Camera: New Hampshire Supreme Court Overturns Prostitution Conviction for Adult Movie Maker”
There could be a major criminal case emerging from Lynchburg, Virginia where prosecutors have charged Ronald Wojdyla, 57, with child pornography for superimposing his picture over a picture of an 11-year-old girl. It is a continuation of the debate over computer-generated porn, though in this case it is a real girl — only the sexual contact is fake. As the name might suggest, Lynchburg is not the place that one should test such fine points of pornography law.
Ex-federal prosecutor Richard Convertino was hammered by a federal judge for his allegedly unethical conduct in the Detroit terrorism case and investigated by the Justice Department for his misconduct. However, Convertino is now moving against Detroit Free Press reporter David Ashenfelter who has refused to disclose the sources underlying his true story that Convertino was under investigation. Convertino argues “that publication of truthful information about him was a criminal act.” Ashenfelter may soon go to jail on contempt if Convertino continues to press for sanctions.
Continue reading “Disgraced Federal Prosecutor Seeks to Punish Detroit Press Reporter”
A teenager and his family in Oklahoma is discovering the troubling consequences of our sex offender and statutory rape laws. Ricky (his last name is being withheld at his request) had sex when he was 16 with a girl who allegedly told him that she was 16. She wasn’t and prosecutors charged him with having sex with a 13 year old. He pled guilty and was sentenced to a two years probation — and registry as a sex offender for ten years. While the judge would three years later expunge that record, Oklahoma still insists on registering him as a high-risk sex offender — forcing him to live like a pariah and satisfy the various restrictions put in place for recidivist child molesters.
As expected, the Supreme Court has turned down an emergency appeal from Leo Donofrio of East Brunswick, N.J. to intervene to bar President-elect Barack Obama from taking office due to the fact that he had British citizenship at birth.
Continue reading “Supreme Court Turns Down Donofrio Appeal”
In a surprising opinion out of Helena, Montana, Judge Dorothy McCarter has handed down a powerful decision in favor of the constitutional rights of patients and doctors in physician-assisted suicides.
Continue reading “Montana Judge Rules Doctor-Assisted Suicides Are Legal”
It is unconstitutional for police to use use the heat signatures of homes to detect and raid houses suspected of growing marijuana. Ex-cop and now “Kop Buster” Barry Cooper believed that officers were still using the technology and lying on affidavits to secure search warrants. To test the theory, he rented a house in Odessa, Texas and set up some heat lights to grow Christmas trees. Sure enough, he claims, the cops showed up shortly after they threw the switch on the lamps with a warrant that he claims must have been the result of false sources (used to disguise the use of the cameras).
Continue reading ““Kop Buster” Claims to Nail Texas Police in Private Sting”
Prosecutorial misconduct has led to one of Nevada’s most infamous cases being overturned. An appellate panel overturned the death sentence of Ricky David Sechrest for the murder of Maggie Schindler, 10, and Carly Villa, 9, in 1983 over statements made by then-District Attorney Mills Lane. Lane is well-known to many as a syndicated television judge and a referee.
Continue reading “Ninth Circuit Overturns 1983 Conviction for the Murder to Two Girls”
In an important vote, the Supreme Court has granted review in al-Marri v. Pucciarelli, 08-368. The case will return the issue of enemy combatants back before the Court with a new twist. The case would have to be argued by the Obama Administration, which will be given a clear opportunity to show whether all of the talk about change and civil liberties was just a pitch or true principle.
I will be discussing this case tonight on Rachel Maddow on MSNBC.
Continue reading “Supreme Court Grants Review in Al-Marri Enemy Combatant Case”
A rather bizarre scene is unfolding in Berkeley’s City Council which is considering five measures attacking Berkeley Professor John Yoo. One measure demands criminal charges of Yoo for his torture memo as a Bush official while another demands that no student be compelled to take a class from him.
Attorney General Michael Mukasey has made new comments excusing both the unlawful surveillance program and the torture program. In his most recent statement, Mukasey dismisses the need for a pardon since “[t]here is absolutely no evidence anybody who rendered a legal opinion either with respect to surveillance or with respect to interrogation policy did so for any reason other than to protect the security of the country and in the belief that he or she was doing something lawful.” House Judiciary Committee Chairman Rep. John Conyers, D-Michigan, and Civil Liberties Subcommittee Chairman Jerrold Nadler, D-New York were irate and dashed off a letter demanding an explanation.
This week, the Supreme Court will likely consider whether to grant review in in a case challenging the eligibility of President-elect Barack Obama due to his alleged foreign birth or his lack of “natural born” status. In the meantime, another constitutional question of eligibility is being raised over Hillary Clinton’s nomination as Secretary of State. I will be discussing both issues tonight on MSNBC Countdown.
Continue reading “Eligibility Questions: Can Clinton Serve Obama and Can Obama Serve the Country?”
There is another outrage emerging from the Iraqi legal system this week, targeting a journalist Adel Hussein. Hussien has been sentenced to six months for writing a story on homosexuality and the physical effects of homosexual sex. He was convicted of violating public decency in Sulaimaniyah, Iraq.
Continue reading “Journalist Jailed in Iraq for Writing Story on Homosexuality”
The video below is Hollywood’s response to the passage of Proposition 8: a full-throated, star-studded musical. There is something quintessentially Hollywood in all this.
Continue reading “Proposition 8: The Musical”