Category: Courts

Ted Cruz, Dominionism and Jesus

Submitted By: Mike Spindell, Guest Blogger

Ted_Cruz,_official_portrait,_113th_CongressAs a Jew who is familiar with “The Gospels” there is something perplexing about some Christians in America who have risen to power in our political process within the last four decades. Much of Jesus message, as detailed in “The Gospels” has been one of sympathy to the poor, enmity to the rich and love for humanity. I can give you the time tested quotes but just about everyone is familiar with them. Indeed through my childhood and formative teen years Christmastime every year would yield endless repetition of “Peace on Earth, Good Will to All Men”. Sometime in the 1970’s people like Pat Robertson and Jerry Falwell gained prominence and political power preaching their version of Christianity. These Christians became Kingmakers as it was assumed and actually true that their millions of followers would vote as a bloc. The Christianity that they preached had little to do with the American Christianity that I grew up with. To be sure their teachings on sexuality differed little from Christian thought for the previous 1,700 years and so abortion was evil, virginity was prized and sexuality was to be performed in subscribed methodology. What was different was that this version of Christian belief was a far more muscular and mach one. War was good when fought for American principles of capitalism and self interest. The wealthy needn’t worry about the “eye of the camel.” Poverty was seen as the result of moral failure. Rendering unto Caesar (the Government) was no longer the moral thing to do.

Now knowing history there were always periods where certain Christian leaders were in favor of warfare, favored the wealthy and sought to kill non-believers. Nevertheless, all through those era’s the same message of peace and love was preached as doctrine, whilst the religious leadership ignored the dichotomy of their own works. However, hypocrisies have always existed in every religious belief. The overriding principles always remained static, even if logic had to be twisted to ignore the obvious dichotomy. This is certainly true of the religions Judaism, Christianity and Islam, that each give their own interpretation of the “Torah.” The most glaring example of this is the entire Chapter of Genesis, which is literally riddled with dichotomy. Who did Cain, Abel and Seth marry and where did their brides come from? The standard method of dismissing these dichotomies was to ignore them and censor the questioner. Today though, in certain Christian circles these overarching principles derived from the teachings of Jesus have become ignored, to be replaced by a new “Dominionist” view, which would turn Jesus into a warlike, wealthy Republican that hated government and taxes. That is the subject of this guest blog. Continue reading “Ted Cruz, Dominionism and Jesus”

Dead Man Walking: Ohio Man Told That He Must Remain Dead In Light Of Earlier Court Ruling

215px-DeadmanwalkingpDonald Eugene Miller Jr. is truly a dead man walking. He went to Judge Allan Davis at Hancock County Probate Court to inform the court that he was very much alive despite Davis’ ruling that he was deceased in 1994. He was surprised, however, when Davis said that there was nothing he could do. Miller was dead in the eyes of the law and that was the end of it . . . and him.  It is not clear how Miller will rid himself of the first legally recognized status as an undead Zombie life form.

Continue reading “Dead Man Walking: Ohio Man Told That He Must Remain Dead In Light Of Earlier Court Ruling”

Scalia’s Inner and Outer Demons

scalia200px-Codex_Gigas_devilIn a recent interview, Associate Justice Antonin Scalia holds forth on the usual subjects such as originalism and repeats his view that “if a state enacted a law permitting flogging, it is immensely stupid, but it is not unconstitutional.” However, the most interesting part of the New York Magazine piece came with Scalia’s discussion of the supernatural. Scalia warns that the Devil has become much more “wilier” and harder to spot in society. It appears in both constitutional text and spiritual life the devil is in the details.

Continue reading “Scalia’s Inner and Outer Demons”

Is it Time to Break Up JP Morgan?

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Respectfully submitted by Lawrence E. Rafferty (rafflaw)-Guest Blogger

I am sure that you have heard the phrases, “Too Big to Fail” and “Too Big to Jail”, when it comes to the so-called Big Banks.  Indeed, the topic has been written about and discussed on many occasions here on Professor Turley’s blog.  Fellow Guest Blogger Elaine Magliaro wrote about it here, and I wrote about Big Banks plotting, along with the FDIC and the Bank of England to “steal” depositors money in order to bail out gambling banks, to name a couple of recent articles.

The stories about Big Banks being investigated and fined could fill a very large hard drive.  Even with all of those stories and countless others, I was still shocked to read recently about a meeting that JP Morgan CEO Jamie Dimon had with the United States Attorney General, Eric Holder.  It was reported that the purpose of the meeting was to discuss yet another financial settlement for alleged JP Morgan irregularities. The numbers they allegedly were discussing were staggering! Continue reading “Is it Time to Break Up JP Morgan?”

How We Are Manipulated #1

Submitted By: Mike Spindell, Guest Blogger

220px-John_Boehner_official_portraitWhen I awoke a short time ago my mind was in its usual morning fog that slowly dissipates as I go through my wake-up routine which includes laying out the 35 or so pills that I take to stay alive. That fog mentally is usually a jumble of wide ranging short thoughts that are later forgotten as the fog lifts after my first coffee. On the way to the bathroom for my morning ablutions I found myself thinking about the biggest news all week which had been the shutdown of the government and the crisis that ensued. Suddenly, as an idea arose that woke me from the fog. Political Theater, it is all political theater. The threatened shutdown by the Republican Congressman, led by John Boehner et. al. was merely a show whose purpose was to destroy the publicity that would have surrounded the inception of enrollment in the Affordable Care Act (ACA) dubbed by the conservative PR geniuses “Obamacare”. How obvious this was took my breath away and also gave me some chagrin that it took me so long to see this con job in the making, while I mulled over the ramifications of a government shutdown. As the President has said and as some Republican have opined the GOP’s great fear regarding “Obamacare” is that it will succeed. Since enrollment was scheduled to begin on October 1st, without the shutdown speculation dominating the news cycle there would have been much publicity on the beginning of people enrolling in the plan. There would have been actual discussion of the plan and not just the cacophony of misinformation deftly spread by well placed conservative rumor mongers, broadcast blaringly on FOX News and flacked by the innumerable leaders of the “Tea Party”. Our mainstream media would play their continuing game of false equivalence by blithely accepting all information as being equal and not bothering to supply context when lies are told in the service “informing” the public.

Instead we have a manufactured crisis that sends the ACA to the back pages of virtual news media and we have faux layoffs and service loss endlessly debated. Now in truth this thought make me even a little sad for those “Tea Party” congresspeople that haven’t been let in on the nature of the game, nor their role as pawns in the manipulations of some the wealthy elite in this country. As I explained awhile ago in these guest blogs: http://jonathanturley.org/2011/08/02/tea-party-and-the-myth-of-a-grassroots-movement/#more-38049 and http://jonathanturley.org/2013/02/16/tea-party-a-phony-movement-mantled-as-legitimate/  the so-called “Tea Party” is not a grassroots movement, but the creation of the Koch, via an organization known as “Freedomworks” which they fund. On the Bill Maher show last Friday night one of his panel guests was the President and CEO of “Freedomworks” Matt Kibbe. From my perspective he was debunked by the panel, particularly Congressman Alan Cranston. What caught my attention though, was that Kibbe was at one point railing about how big government was run by insider lobbyists. None on the panel, or Maher, were perceptive enough to call him out on this since he is the quintessential lobbyist for the Koch Brothers.  To my mind there is nothing to see here folks, move along and allow yourselves to be distracted by yet another manufactured crisis, designed to prevent you from actually evaluating the health care plan that is now available to you without adequate health care, or who are paying far too much for what should be a basic right of citizenship, health care. The Affordable Care Act is not my ideal of what American health insurance should be about because I believe in the “single payer” system used in most civilized nations. However, it is far better than what we already have and because of that should be fairly evaluated by the public. Perhaps though that fair evaluation will never get a chance since there are those who consciously work to distract us through propaganda, mythology and political theater into supporting what is in our own worst interests. Continue reading “How We Are Manipulated #1”

Former Pennsylvania Congressman Suspended From Practicing Law Due To Criticism Of Judges

220px-Donald_A._BaileyFormer Democratic congressman and Auditor General Don Bailey, 68, had his law license suspended for five years by the Pennsylvania Supreme Court for allegations and criticism directed at judges in the state. Bailey denounced the ruling and said that he would challenge it in federal court while denouncing the state justices as corrupt and malicious. While some would agree with the case, there is a worrisome line of cases targeting lawyers who criticize judges.

Continue reading “Former Pennsylvania Congressman Suspended From Practicing Law Due To Criticism Of Judges”

One Stop Shopping (and Sentencing): California Judge Sentences Man To 53 Years To Life . . . And Then Declares Him Married In Wedding Ceremony

Patricia K. CooksonDestiny Desbrow certainly had a marriage ceremony that would be hard to forget. It has the usual features of most weddings: a cake, a ring, and an audience. However, the location and time was a bit odd. She married Danne Desbrow just minutes after he was sentenced to 53 years to life for murder by Judge Patricia Cookson who not only had sentenced him but baked the cake for the wedding.

Continue reading “One Stop Shopping (and Sentencing): California Judge Sentences Man To 53 Years To Life . . . And Then Declares Him Married In Wedding Ceremony”

The Military’s War on Women Continues

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Respectfully submitted by Lawrence E. Rafferty (rafflaw)-Guest Blogger

I saw this story during this past week and I have to admit, that it made my stomach turn.  Despite the increased interest some in Congress and in the Pentagon have shown in how accusations of rape by female members of the military are treated, women can still jeopardize their careers and their mental well-being if they bring charges against their alleged attackers.

‘”For roughly 30 hours over several days, defense lawyers for three former United States Naval Academy football players grilled a female midshipman about her sexual habits. In a public hearing, they asked the woman, who has accused the three athletes of raping her, whether she wore a bra, how wide she opened her mouth during oral sex and whether she had apologized to another midshipman with whom she had intercourse “for being a ho.”’ New York Times Continue reading “The Military’s War on Women Continues”

Federal Judge Throws Out Major Convictions of Former Police Officers Due To Prosecutorial Misconduct

600px-US-DeptOfJustice-Seal.svg DOJWe previously discussed the scandal involving federal prosecutors in New Orleans posting public comments attacking defendants and targets on various websites. That earlier scandal led to the discovery of even more widespread misconduct and yesterday to the overturning of a major prosecution of police officers. Describing the conduct of the Justice Department lawyers as “grotesque,” U.S. District Judge Kurt Engelhardt ordered a new trial for officers accused of deadly shootings at the Danziger Bridge after Hurricane Katrina and the subsequent cover-up.

Continue reading “Federal Judge Throws Out Major Convictions of Former Police Officers Due To Prosecutorial Misconduct”

Bad Banks Continue to Screw Homeowners

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Respectfully submitted by Lawrence E. Rafferty (rafflaw)-Guest Blogger

I know it may not surprise you that banks may be screwing homeowners in light of their past bad and illegal tactics in foreclosing home loans.  However, in light of the fact that five of the largest banks agreed in a settlement in 2012 to end their deceptive and illegal foreclosure actions, their refusal or inability to control the contractors they hire in the foreclosure process may end them back in front of regulators.

Recently, the State of Illinois filed suit against the largest  property management company that some of these very same banks use, and alleged that the company, Safeguard Properties, LLC, illegally broke into homes of people who were involved in a foreclosure or about to be foreclosed on and removed possessions and in some cases stole or damaged borrower’s personal property. Continue reading “Bad Banks Continue to Screw Homeowners”

In Defense of Being a Political Cynic

Submitted By: Mike Spindell, Guest Blogger

WilliamdriverflagI’m an easy mark for those who want to approach me emotionally. My own life, with the normal tragedies of living seven decades has let me be attuned to others pain and to view that pain with an empathy born of my own suffering. Working out my own problems via years of therapy in my twenties and thirties, allowed me to finally let myself cry at the early death of my parent’s years before. I had put a “bottleneck” on tears since a teenager, choking sad emotions by constricting my throat and being in intellectual denial of the mourning I felt at their loss. This is not to say that I had no emotional outlets in my years prior to therapy, but they were limited to events far outside the ken of my life. Thus I could identify with wronged characters in movies and could cry at the death of Marin Luther King and Bobby Kennedy. In my personal life though, I acted out the role ascribed to me in my High School Yearbook “Mike thinks that life is just a snap of his fingers”. Therapy changed that and allowed me to let myself be aware of and be guided by my emotions.

Emotionally, I am as patriotic an American as you might find. I love this country and I love the fact that I’m a citizen of it. My tears well up at the playing of our National Anthem. The Constitution is a sacred document to me and the aspirations of our “Founding Fathers” seem noble and just. In sports I often find myself moved to tears when athletes or teams overcome adversity and triumph. My family knows this emotional side of me since I cry at movies like “The Little Mermaid”.  In personal relationships I am also ruled by emotion. People who treat me with kindness are not only repaid in kind, but I find myself rooting for their happiness and sad at their sadness. It is therefore quite easy to become someone I consider to be a friend and difficult for me to note imperfections in the friendships I’ve made. However, that is on an emotional level and as all humans, I am far more than just my emotions.  Intellect and experience play important roles in shaping who we are. On a personal level I have experienced betrayal by “friends” and lovers. In my career I’ve experienced betrayal by those I thought of as friends and co-workers. However, I think those “let downs” are merely a normal part of the human experience. We humans learn and grow from our social interactions, allowing them to inform our interactions with each other.

We humans co-exist though in a larger context than mere personal interactions and that is a society known as “country”. Through the norms and mores of that society we find that our emotions are stimulated by the commonality of our existence as part of a whole. We rely on that society to protect us from predators and from those from other society’s that would do us harm. We unite emotionally in times of crisis and we feel warmth and comfort from being part of the whole. The most emotionally jarring event of the past five decades was the attack on 9/11 that galvanized this country almost as one entity. We commemorated the twelfth anniversary of this overwhelmingly sad event this past week. I need not describe the effect of this event on all of us, since I know that we all have sharp personal memories of that day and the days of anger, fear and confusion that followed. The reactions politically that followed 9/11 has personally scarred those who lived through it and have done great harm to our country. People from all sides of the political spectrum feel betrayed by the events that followed 9/11. Some feel betrayed because the majority of the country no longer supports the military interventions that ensued. Others feel betrayed because there is clear evidence that our government “lied” us into a costly war against a country that had nothing to do with the 9/11 attack. We have become then a nation of cynics when it comes to our government and I will explore why this can be either good or bad for the future of our country. Continue reading “In Defense of Being a Political Cynic”

Public Interest Lawsuit Forces Disclosure Of Widespread Surveillance Violations By The NSA

President_Barack_ObamaNSA logoWhile it was not long ago that President Obama,  Director of National Intelligence James Clapper and other officials insisted that there was no illegal surveillance in the massive warrantless programs disclosed by Snowdon and others, new documents show that the National Security Agency not only violated the law for years but actively misled judges on the use of such illegal surveillance.  The programs covered millions of call records and was only acknowledged by the Administration after a lawsuit by civil libertarians — a lawsuit that it has tried to dismiss (like dozens of others tossed out at the demand of the Obama Administration).

Continue reading “Public Interest Lawsuit Forces Disclosure Of Widespread Surveillance Violations By The NSA”

State Supreme Court Stops Montana Judge From Increasing Rapist’s Sentence After Public Outcry

article-2402937-1b7bd6a3000005dc-73_306x423We previously discussed the shocking sentence handed down by Montana Judge G. Todd Baugh to a teacher who raped a 14-year-old student. Stacey Rambold, 54, (left) was given just 30 days in jail after Baugh found that the victim was “older than her chronological age.” It produced an outcry on this blog and other sites. Baugh then magnified the concerns over his judicial judgment by responding to the outcry by trying to re-sentence Rambold. It left the impression of a judge seeking a longer sentence in direct response to public pressure. The Montana Supreme Court stepped in to order Baugh to cancel the resentencing hearing.

Continue reading “State Supreme Court Stops Montana Judge From Increasing Rapist’s Sentence After Public Outcry”

Nullification-Missouri Style

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Respectfully submitted by Lawrence E. Rafferty (rafflaw)-Guest Blogger

The Show Me state, has been making news lately.  Unfortunately, the news it has been making has nothing to do with the St. Louis Arch or the baseball Cardinals, but its legislature’s penchant for attempting to nullify Federal laws that it does not agree with.  The State of Missouri is working hard to nullify Federal gun laws and Obamacare.

“If you ever wondered what a 21st century nullification crisis would look like, look no further than Missouri. One hundred and forty eight years after the end of the Civil War, the New York Times reports, “the Republican-controlled Missouri legislature is expected to enact a statute next month nullifying all federal gun laws in the state and making it a crime for federal agents to enforce them.” Meanwhile, the Show Me State is doing everything it can to effectively block implementation of the Affordable Care Act.” Daily Kos

I guess Missouri wants to Show the rest of the nation that the Constitution and its Supremacy Clause is not worth the parchment it is written on.  In case you are not sure what is meant when a State tries to nullify a Federal law, here is a little primer on the subject. Continue reading “Nullification-Missouri Style”

Chad Dixon Gets 8 Months For “Lie Detector Fraud”

by Gene Howington, Guest Blogger

department-of-justice-logo1This is an update to a story originally posted here by Charlton Stanley, “Polygraphers trigger fear response in Federal prosecutors.

Chad Dixon, a 34 year old Marion, Indiana little league coach who ran the “PolygraphExpert.net” website teaching people how to defeat polygraph tests, was sentenced to eight months in jail for threatening national security by teaching government job applicants how to beat lie-detector tests. Teaching such techniques and discussing them is not per se illegal. It is an admitted gray area in 1st Amendment jurisprudence.  However, U.S. District Judge Liam O’Grady found the evidence compelling enough that Dixon had crossed the line when he advised some clients, including two undercover officers, to conceal what he taught them while undergoing government polygraphs. This is in addition to the charges of obstruction and wire fraud Dixon plead guilty to last year.

Nina Ginsberg, Dixon’s attorney, accused prosecutors of trying to turn her client into a “poster child for its newly undertaken campaign” to stop people from using the polygraph disruption techniques. the prosecution had sought a two year sentence, but Judge O’Grady thought that eight months was sufficient. O’Grady said, “There’s nothing unlawful about maybe 95 percent of the business he conducted,” although he added that “a sentence of incarceration is absolutely necessary to deter others.”

As Charlton Stanley’s original column indicated, lie detectors are anything but a lie detector.  “[L]ie detector technology has no known statistical properties with regard to detecting deception of any kind. It has not been accepted as science in the scientific community. The only thing scientists seem to agree on is most of these machines measure stress reactions in humans, and to that extent, they can measure stress in people who feel stress—that’s it.”

Deterrent based on legitimate concerns or chilling of free speech in the name of protecting a test of dubious value?

What do you think?

Source: Seattle Times

~submitted by Gene Howington, Guest Blogger