Zacarias Moussaoui is back. The self-confessed terrorist has filed an appeal with the United States Court of Appeal for the Fourth Circuit, contesting the trial court’s refusal to give him his choice of lawyers and the denial of information to him in his defense. While it is extremely unlikely that he will prevail in the Fourth Circuit, the arguments being made by Arnold and Porter are not nearly as crazy as their client. Continue reading “Moussaoui Returns: Appeal Claims Violations of His Sixth Amendment Rights”
Category: Constitutional Law
After proclaiming that the nation’s security was in imminent danger due to the refusal to give telecommunication companies immunity, the Bush Administration has backed off the claim and now says that there has been no interruption in intelligence. Nevertheless, the Administration has continued to argue that that it is ultimately a choice between giving financial protection to corporations or risk a massive terrorist attack. Continue reading “Administration Backs Off Claim of Imminent National Security Threat in Bid to Get Immunity for Telecom Companies”
Michigan artist Edward Stross thought that he was painting a classic when he used exteriro wall of his studio as the backdrop for Michelangelo’s “Creation of Man.” The problem was not Adam, but (once again) Eve — or at least her exposed breast. In a legal case with biblical dimensions, it appears that both Adam and Edward were undone by Eve until a Michigan appellate court ruled that the city of Roseville could not force a cover-up. Continue reading “Cover-up Exposed: Court Rules that First Amendment Protects Artist’s Depiction of Seminude Eve”
U.S. District Judge suspended the trial date for U.S. Rep. William Jefferson pending his appeal. Jefferson has filed a novel challenge over the use of privileged material in the grand jury that led to his indictment on corruption charges. Continue reading “Jefferson Trial Suspended Pending Appeal”
Despite confirmation of waterboarding by the Administration and the existence of a torture program, Attorney Michael Mukasey continues to refuse to acknowledge that waterboarding is a crime and has blocked any criminal investigation that would implicate the President in the commission of a war crime. Now, Democrats are heralding an internal investigation that promises nothing beyond a low-grade ethics review with no likely action against individual lawyers. Continue reading “No Crime, Just Bad Counsel? Justice Department Conducts Internal Ethics Review on the Torture Memos”
Ok, I am the only one suggesting it. However, the video below should strongly support a ban on further impromptu presidential dancing. Continue reading “Video of Bush’s African Dance Triggers Call for Ban on Presidential Dancing Outside of Controlled Formal Balls”
A New York woman has filed in interesting torts case against ABC News over a “Primetime” segment called “Stepfamilies in Crisis.” On the 2006 segment , ABC showed Kyle Nelson, then 15, being held down and punched by her stepfather Joe Nelson. She is now suing the network for failing to intervene and invasion of privacy, among other torts. Continue reading “Abused Girl Sues ABC for Over Filming of Her Beating by Step Father”
As the legacy of the Roberts Court has started to form over the last few years, one of its most pronounced trends has been a highly pro-business bent. This trend continues this term with a series of rulings, including a very significant ruling in favor of medical manufacturers on the question of federal preemption in torts in Riegel v. Medtronic. Continue reading “Open for Business: Roberts Court Delivers Another Victory for Business in a Major Torts Ruling”
Rep. William Jefferson filed an appeal on Wednesday to the Fourth Circuit to challenge 14 of 16 charges against him. The appeal could delay the prosecution for months. Continue reading “Rep. Jefferson Files Appeal to Challenge Counts in His Criminal Indictment”
Another taser abuse allegation has surfaced in an incident outside of a Maryland gym. A small altercation broke out after a basketball game — a not uncommon occurrence. Parents and officers were separating the youths when Deputy Anthony Lenzi allegedly shot Brandon Bennett in the chest –against direct orders by a superior. Continue reading “Maryland Police Officer Tasers High School Student After Allegedly Being Ordered Twice Not to Do So”
Saudi Arabia’s legal system has long been a nightmare for civil libertarians and anyone on this side of the dark ages. However, in the face of the arrest and coerced confession of an American businesswoman for sitting next to man at Starbucks (who was not a relative), the religious police is defending its action in the case. It appears that it was the woman’s fault entirely for committing the offense to Islam — a helpful clarification from those who bring us weekly examples of why the separation of church and state is so essential for liberty. Continue reading “Lattes and Lashes: Saudi Religious Police Defend Their Arrest of American Woman Who Sat Next to a Man at a Starbucks”
Belarus has long been a dangerous place for both free speech and a free press. However, many gasped when a court sentenced journalist Aleksandr Sdvizhkov to three years hard labor for publishing the cartoons of Muhammad that led to worldwide protests. This follows an equally abusive decision of the government to shutdown his newspaper, Zgoda (Consensus), over the incident. Continue reading “Free Press: Journalist Sentenced to Three Years Hard Labor for Publishing Cartoons of Muhammad”
The current legislation to give the District of Columbia a vote in the House of Representatives has no shortage of passion behind it. Indeed, after testifying repeatedly that this legislation is unconstitutional, I have felt my share of that passion turned to anger. It has been an ironic position for me, because I strongly believe that District residents should be allowed to vote in Congress and I have many close friends on the other side of this debate. Indeed, I supported greater (and permanent) representation — as opposed to his partial representation plan. To that end, I have published a lengthy law review article below explaining why I believe that the law is flawed and why there are better option for the city. Continue reading “Too Clever By Half: The Constitutional Argument Against the Current Voting Bill for the District of Columbia”
A recent survey in Chicago shows that only one in four Americans can name more than one of the five freedoms contained in the first amendment. Only one in a thousand could name all of the freedoms. However, more than half can name at least two members of the Simpson family. Doh! Of course, Homer, Marge, Lisa, Bart and the rest of the characters are not devoid of constitutional significance, as discussed below. Continue reading “Freedom of Speech . . . and Freedom from Knowledge: Only One in 1000 Americans Polled Could Name the Five Freedoms of the First Amendment”
Hillsborough County Deputy Charlette Marshall-Jones, 44, has been criminally charged with dumping a paralyzed man from a wheelchair in a shocking video from the county jail. Brian Sterner, 32, was paralyzed in a 1994 wrestling accident and is shown on the video being dumped to the floor by the officer. Continue reading “Deputy Sheriff Charged in Abusing Disabled Man By Dumping Him to the Floor — As Captured by Video”