After completing an initial inquiry, tthe Justice Department has decided to open a full criminal investigation into the 2005 destruction of CIA tapes showing the interrogation of two Al Qaeda suspects. The finding of a basis for possible criminal charges is not itself surprising — there are at least six such offenses that were obvious from the outset. Attorney General Mukasey has appointed a U.S. Attorney General to handle the investigation — a disappointing decision not to appoint someone outside the Administration. Continue reading “Justice Department Opens Formal Criminal Investigation — Finds Credible Allegations of Criminal Conduct in CIA Tapes Scandal”
Category: Constitutional Law
There is a curious trend developing in leading democratic systems: a return to dynastic preferences in government. With Hillary Clinton still leading in the U.S. polls, other nations have embraced dynastic lines of successions under a democratic process like Argentina and now the leading opposition party in Pakistan. Continue reading “Are the World’s Democracies Turning into Dynastic Systems?”
There appears growing interest in a third-party candidacy by many voters disillusioned by the two parties monopoly. Ron Paul and Michael Bloomberg appear the leading contenders for such a run. Notably, under the 12th Amendment such a candidate could be the next president through a plausible series of events. Continue reading “Calls for a Third Party Challenge Increase as Paul and Bloomberg are Encouraged to Go Independent”
Americans have always been defined by their robust views of individual autonomy and privacy. However, in the last ten years, privacy has suffered massive reductions in the United States due to both governmental and private surveillance, data mining, and searches. Now an international privacy groups ranks for the United States and England as some of the worst “endemic surveillance societies.” Continue reading “Is Privacy Dying in the United States? Recent Report Says U.S. One of the Worst in the World”
It is said that justice delayed is justice denied. For Martin Tankleff, 36, justice was 17 years in coming when an appellate court overturned his conviction of the murder of his parents and ordered a retrial. Regardless of whether Tankleff is guilty or innocent, he clearly was deprived of a fair trial by police and prosecutors. Continue reading “Police and Prosecutorial Misconduct Leads to Release of Martin Tankleff — 17 Years After the Murder of Parents”
This week, the South Koreans decided to expand their Supreme Court to 14 members. The news should get Americans to consider whether it is time for our own undersized Court to expand from 9 to 19. Continue reading “Korean Supreme Court to Expand to 14 — Is it Time for the U.S. Supreme Court to Expand to 19?”
Damon Lucky is hardly the poster boy that the N.R.A. is looking for as the critical constitutional case for the Second Amendment goes to the Supreme Court. As gun owners seek to show that the Second Amendment is an individual right, Lucky wants a federal court to declare that the individual right extends to ex-felons — striking down the common rule that ex-felons lose their right to gun ownership or possession. Continue reading “Inmate Fights for His Second Amendment Right to Own a Gun”
The Royal National Institute for Deaf and Hard of Hearing People has weighed in on the controversy over the selection of deaf children for adopting deaf couples. The Institute supports the practice. However, there remains a greater debate over the decision of American parents to engineer a deaf child through artificial selection. Continue reading “Engineering Deaf Babies for Deaf Couples: U.S. and Britain Debate the Selection of Deaf Embryos and Adopted Children”
While other inmates are fighting over the right to have small nativity scenes in their cells, Michael Polk in Utah is demanding more Nordic religious items: a hammer and sword. Prison officers are a bit reluctant since Polk is serving time for aggravated assault and robbery. He is also a practicing member of the Asatru religion, which worships the Nordic gods, such as Odin, Thor, Tyr, and Heimdal. It turns out that he may have a limited case. Continue reading “Forget the Gideon: Inmate Demands Thor’s Hammer and Sword in First Amendment Challenge”
Neighbors of Art Conrad are up in arms and demanding action after Conrad hoisted a crucified Santa over his house as a protest of the commercialization of Christmas. He also has a headless Santa singing carols on his front porch. The display in Washington state is likely protected speech despite the trauma to children and anger of neighbors. Continue reading “The Crucifixion of Santa: Free Speech or Public Nuisance?”
While the Bush Administration works to prevent anyone from investigating its own possible misconduct in the CIA tape scandal, the 9-11 Commission has already concluded that the Administration lied to its investigators and destroyed evidence specifically demanded by the Commission. Continue reading “9-11 Commission Specifically Requested Evidence Destroyed by the CIA — Staff Reviewing Possible Crimes in Denial”
In the last two decades, many cities have passed breed specific bans or limitations on dog owners. Pit bulls are the most common cited breed and one owner is now taking his dogs and his case to the Supreme Court. Paul Tellings likes his pit bulls and has challenged a Toledo law as baseless and biased. While the odds are against a grant of cert in the case, it would allow review of a highly controversial trend across the country. Continue reading “Pit Bulls Go to Supreme Court: Are Breed-Specific Laws Unconstitutional?”
The Top Hatters Motorcycle Club likes motor cycle and garlic, but the two do not always mix in the famous Gilroy Garlic festival. Police refused to allow the club members to wear their club colors at the festival and they sued. A district court and the Ninth Circuit ruled for the city and the bikers are now appealing for an en banc ruling. Continue reading “Federal Court: Motor Cycle Bikers Not Allowed to Wear Colors While Tasting Garlic”
The Ohio Supreme Court has handed down an important ruling on the right (or lack thereof) of surrogate mothers. Danielle Bimber was accused of breaking her surrogacy contract with James Flynn and his partner Eileen Donich, when she decided to keep the triplets conceived with Flynn’s sperm and Donich’s implanted egg. Continue reading “Surrogate Mother Loses Ohio Appeal for Triplets: Court Rules No Egg, No Claim”
U.S. District Judge Henry H. Kennedy appears inclined to back off, at least for now, from inquiring into the destruction of tapes of CIA interrogations despite his order to preserve such evidence. This is not, however, the last word for Kennedy or other judges lining up on the issue. Continue reading “Federal Judge Appears to be Leaning Toward Bush Administration on Destroyed CIA Tapes”