After the loss of many American lives and billions in American dollars, the justice system in Afghanistan seems to be de-evolving back into the Taliban-style Islamic extremism. Journalist Sayed Perwiz Kambakhsh, 23, has been sentenced to death for merely downloading material deemed blasphemous to Islam relating to the role of women in Islamic societies. Not only has the U.S.-backed government sentenced him to death, one of its top “justice” officials has threatened to severely punish any reporter even expressing support for Kambakhsh. Continue reading “Afghan Justice: Government Sentences Journalist to Death for Blasphemy Against the Prophet”
Category: Constitutional Law
In his confirmation hearing, Attorney General Michael B. Mukasey was rescued by Sens. Chuck Schumer and Diane Feinstein from having to admit that waterboarding has long been defined as torture by U.S. and international courts. At the time, he first denied (under oath) knowing what waterboarding is and then, when told, insisted that he needed more time to think about it. Now, after months, he has suggested that it is not a matter of time or knowledge — he may simply refuse to answer the question that would implicated President Bush in a war crime. Continue reading “Months Later, Mukasey Still Thinking About Waterboarding and Says He May Never Say Whether it is Torture”
As leaders in both parties in Congress and the Justice Department seek to scuttle any real investigation into America’s torture program, a federal judge may have thrown a wrench into the works. This week, U.S. District Judge Richard W. Roberts not only found the tapes to be evidence but demanded that the government file a full explanation on their destruction in 2005. Continue reading “Federal Judge Orders Administration to Explain the Destruction of CIA Torture Tapes; Finds Tapes to be Evidence”
In the latest shocker for civil libertarians, the Senate appears set to grant immunity to telecommunication companies after they participated in the unlawful domestic surveillance program. The Democrats faced intense criticism last year and hoped that the attention and ire of voters would subside with the distraction of elections. The fix was in, however, months ago when Senate Majority Leader Harry M. Reid (D-Nev.) picked the Senate Intelligence Committee’s proposal (favoring immunity) to be the legislation to go first to the floor. Continue reading “Rockefeller and the Senate Close to Granting Immunity for Telecommunication Companies”
There is another interesting turn of events in the ongoing scandal over the alleged arson by Texas Supreme Court Justice David Medina and his wife. While state Judge Jim Wallace agreed to the prosecutor’s demand to toss out the indictments, he strongly criticized both the decision and the competence of the prosecutors — voicing obvious questions over why prosecutors would seek an indictment over months only to quash those indictments when they are handed down by a grand jury. Continue reading “Judge Questions Decision to Quash Indictments of Texas Supreme Court Justice and Wife; Criticizes Actions of Prosecutors as Premature and Careless”
In the latest indication of how serious the current investigation of U.S. District Judge Samuel B. Kent may be, it was revealed this week that the FBI is investigating possible crimes beyond his alleged sexual misconduct with a court employee. Continue reading “Criminal Investigation of Judge Samuel Kent Goes Beyond Sexual Misconduct”
The scandal over alleged arson by Texas Supreme Court Justice David Medina has gotten even more controversial. First, Harris County District Attorney Chuck Rosenthal refused to prosecute Medina after a grand jury issued indictments. Now, two of the grand jurors who voted to indict are having a public fight with Medina counsel, Terry Yates. Yates in turn has called for their punishment in allegedly violating grand jury secrecy. For many, it raises the same images of the ongoing Rocky Flats grand jury controversy. Continue reading “Indictment Against Texas Supreme Court Justice is Quashed by Prosecutor While Jurors Publicly Allege Cover-up”
It has taken by Virginia attorney Leslie P. Smith has finally got something off his chest. Smith was counsel a decade ago for a cooperating witness, William Jones, who wanted to avoid the death penalty for a murder by fingering his co-defendant, Daryl R. Atkins. Atkins got tagged for the murder and the death penalty. However, Smith remained silent about a major problem: he allegedly watched prosecutors coach and conform Jones’ testimony, which was fatally flawed. Now there is a major ethical battle running concurrently with the ongoing battle over putting Atkins to death. Continue reading “Mr. Smith Goes to Court: Ethics Rules Prevented Attorney From Revealing Alleged Prosecutorial Abuse”
Historically, executioners were hooded or masked to prevent retaliation for their service or to convey the image of non-personal justice. Now, five death row inmates are suing to learn the identities of their executioners. With recent disclosures of executioners with criminal records, the lawsuits could create some interesting precedent. Continue reading “Behind the Black Hood: Death Row Inmates Seek Identity of their Future Executioners”
Low tar will finally go to the high court. The Supreme Court has added a case, Altria Group Inc. v. Good, that will finally result in a review of the recent cases brought around the country against low tar cigarette companies. It represents one of the most significant areas of liability for the tobacco industry after weathering the multistate settlement and various class action lawsuits seeking hundreds of billions of dollars. Continue reading “Low Tar Goes to High Court”
In the last few years, the Supreme Court and lower courts have been considering claims of virtual child pornography — where the images look real but are actually computer generated. It creates a difficult legal question. However, Marshal Zidel presented an equally difficult question for the New Hampshire Supreme Court: Is it child pornography when the camp photographer took the faces of children at the camp and superimposed them on the bodies of adults? The state supreme court ruled that it is not. What is most disturbing is not Zibel’s perverse conduct is not unique. Continue reading “Court Rules that Children’s Faces Put on Adult Bodies Does Not Constitute Child Porn”
The case of Tim Masters has long been viewed as one of the most disturbing murder convictions on record: a case where a man seemed convicted without direct evidence of guilt, treated abusively by police and painted as a deviate on the basis of childhood drawings. A special prosecutor has now found not only prosecutorial abuse in the case but DNA evidence that points to another man. Continue reading “Innocence Evidence and Prosecutorial Misconduct Found in Tim Masters Case”
The Bush Administration promised to re-define the country’s position in the post-9-11 world and it can now count our Canadian cousins as part of the transformation. The Canadian Department of Foreign Affairs has included the United States on the infamous list of countries which torture prisoners. In the meantime, Republican Tom Ridge has stated that there is no question about waterboarding being a form of torture. Continue reading “Canada Lists the United States as a Torture Nation”
Scientology has long been criticized for using litigation to wear down anyone who challenges or investigates its church. Now, Gawker and other sites found themselves the recipients of threatening letters not to show the video, which contains a rather odd interview with Cruise in a frenzy over Scientology and its powers. The claim of copyright infringement and criminal violations appears a scare tactic given the newsworthy content of the video. While some sites immediately buckled under the pressure, Gawker has taken a public and defiant stance against Church. While Scientology founder L. Ron Hubbard told his supporters that litigation is meant to harass enemies not win cases, this is one first amendment fight the Church may want to avoid. Continue reading “Scientology Lawyers Go After Bloggers and Sites Featuring Bizarre Cruise Videotape”
In the escalation of faith-based pitches by both Democratic and Republican presidential candidates, Mike Huckabee has thrown down a new challenge: amending the Constitution to conform to the word of God. In a recent statement, Huckabee stated: “[Some of my opponents] do not want to change the Constitution, but I believe it’s a lot easier to change the Constitution than it would be to change the word of the living God . . . and that’s what we need to do, is to amend the Constitution so it’s in God’s standards, rather than try to change God’s standards.” What is most remarkable is how little remarkable this statement proved to be with mainstream media. Continue reading “Huckabee Calls for Constitution to Be Amend to Conform to the Word of God”