Category: Courts

Another Court Denounces Justice Department and Threatens Sanctions

sealdojThe Justice Department is facing yet another possible contempt sanction from a federal judge. This is becoming something of a trend for the Justice Department. One could only imagine the response of the bar to a private law firm with such a record of contempt. The latest threat comes from United States District Court Chief Judge Vaughn Walker in Al-Haramain v. Obama. This remains one of the most troubling cases from the Bush Administration and the Obama Administration has again yielded to the worst element in the Justice Department in continuing the same policies and practices of its predecessor.
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Yep, It’s Torture: Video Shows Conservative Radio Host Moving From Torture Denial to Torture Acceptance

defaultConservative radio host Erich “Mancow” Muller has been one of the loudest voices denying that waterboading is torture. Like Sean Hannity (who said that he would allow himself to be waterboarded), Muller volunteered for a session to prove the point. Unlike Hannity, Muller fulfilled his commitment. As shown on the video below, in a few seconds, Muller went through the full range of Kübler-Ross of torture from denial to acceptance.
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Obama: We Must Uphold Our Principles To Be Safe and Strong

225px-official_portrait_of_barack_obamaSpeaking to the graduating class of U.S. Naval Academy, President Barack Obama told the graduates that the best way to protect our nation is to stand up to its principles. I discussed the detainee issue last night on this segment of Countdown.

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Five Lawyers Charged Over Settlement of Case Involving Former Detroit Mayor

10_62_kwamekilpatrick_320There have been rare professional charges filed against five lawyers for their role in crafting a secret settlement for former Detroit Mayor Kwame Kilpatrick. The lawyers were involved in a $8.4-million lawsuit settlement to conceal text messages that showed that the major and his top female aide had lied about their affair. The lawyers are chief assistant corporation counsel Valerie Colbert-Osamuede; her ex-boss, former city corporation counsel John E. Johnson; city-retained private lawyers Samuel McCargo and Wilson Copeland II, and Mike Stefani, who represented three cops in lawsuits against the city.
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A Law Unto Himself: Obama Promises To Hold Some Detainees Without Trial

225px-official_portrait_of_barack_obamaPresident Barack Obama today defended his decision to close the military detention center at Guantanamo Bay, Cuba and promptly raised more serious concerns for civil libertarians. In his speech, Obama announced that the country’s “moral authority” demanded closure but then said that his lawyers were working new policies to hold certain detainees indefinitely without trial.

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French Judge Censors Magazine to Protect Feelings of Family in Torture Case

Ilan_HalimiA French judge has ordered a magazine off newsstands for publishing a photo of a Jewish man Ilan Halimi, who was allegedly tortured to death. The alleged culprits are facing trial. Judge Phillipe Jean-Draeher based his decision on the “exceptional” attack by Choc magazine on the feelings of Halimi’s mother and sisters.
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Prosecutors Still Opposing DNA Access for Prisoners Despite New Laws

220px-DNA_OverviewWe have seen a number of cases on this blog where prosecutors fought efforts by prisoners to obtain DNA tests that might prove their innocence — only to be proven innocent once the tests were performed. Prosecutors are rarely denounced for these reprehensible efforts. The story in the New York Times indicates that prosecutors are continuing to oppose such testing even in states that passed new laws guaranteeing such testing.

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Hidden Phone Charges: Texas Inmate Gets 60 Years For Possession of Cell Phone

thumb_camera_phone_2Derrick Ross took the term “cell phone” a bit too literally. Ross, 38, acquired a cell phone and charger while serving time at Coffeild prison in Texas. Due to Texas habitual offender laws, he has received an absurd 60 years for the violation.

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Court Overrules Parents in Religious Refusal of Chemotherapy for 13-Year-Old Boy

thumb_praying_handsMinnesota Judge John Rodenberg has ruled in the case of Daniel Hauser, 13. We discussed this case earlier regarding the religious objections that the parents raised to chemotherapy for Daniel’s cancer –even though he has a 90 percent chance of survival with the treatment and little or no change of survival without it.

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Bush 2.0: Obama To Continue Military Tribunals

225px-george-w-bush225px-official_portrait_of_barack_obamaPresident Barack Obama continued his replication of the Bush policies today with the disclosure that he will now restart the controversial Bush tribunal system — now to be called the Obama tribunal system. This follows Obama’s adoption of an even more extreme theory of executive privilege in court, the reversal of the decision to comply with a court order and turn over abuse photographs, the continuing effort to extinguish dozens of public interest lawsuits on privacy violations, and the proposed adoption of the Bush policy of holding detainees indefinitely without trial, here. In the meantime, he and Attorney General Eric Holder continue to block the appointment of a special prosecutor despite mounting evidence of war crimes committed by the prior administration. I will be discussing these recent developments tonight on Countdown.

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Report: Cheney Called for the Torture of Iraqi Prisoner to Establish Link Between Al Qaeda and Iraq

225px-richard_cheney_2005_official_portraitA former high-ranking state department official has come forward with the explosive report that then Vice President Dick Cheney called for the torture of an Iraqi prisoner to establish a link between al Qaeda and Iraq in the midst of the political controversy over the misrepresentations that led to the Iraq invasion. Cheney was one of the main figures pushing this justification, which was found based on false intelligence. Lawrence Wilkerson, chief of staff for then-Secretary of State Colin Powell, adds yet another piece of evidence that the torture program was not based on a “ticking bomb” justification and was not based on the faux legal opinions of lawyers like Judge Jay Bybee and Professor John Yoo.

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Tracking Privacy Rulings: New York Finds Warrantless Use of GPS To Be Unconstitutional While Wisconsin Gives Police Unlimited Use

180px-Magellan_GPS_Blazer12In a major ruling, the New York Court of Appeals has held that the police cannot use a GPS device on a suspect’s car without a warrant — ordering a new trial for Scott Weaver, 41, a burglary suspect. In the meantime, the Wisconsin Court of Appeals came to the opposite conclusion: finding no need for a warrant in the use of GPS devices against citizens for any reason by the police.

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Inmate Paul House Cleared of Murder After 22 Years on Death Row

Terrehaute_gurneyAfter 22 years on death row, Paul House has now been cleared of murder charges with Tennessee state prosecutors asking for all charges to be dropped against him. He had been sentenced to die in 1986 and his case is already being used by opponents of the death penalty as an example why states should move to life without parole as the ultimate punishment in this country.

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Supreme Monopoly: Justice Scalia Tells American Student That She Has Little Chance For Clerkship Because She Is At Wrong School

225px-antonin_scalia_scotus_photo_portraitJustice Antonin Scalia has once again earned himself the ire of law students. Not long ago, Scalia was clearly out-of-line in slapping down a law student for a perfectly reasonable question. Now, he is being quoted in telling students out of the top schools that, no matter how hard they work, they will probably never have a chance for a Supreme Court clerkship based entirely on their school. He basically threw the student a quarter and told her to call her mama and tell her that she was never going to be a Supreme Court clerk.
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