Category: Courts

Congress, Constitutional Law, Courts, Criminal law, Free Speech, International, Justice, Lawyering, Media, Military, Politics, Science, Supreme Court, Uncategorized

NSA Abuses Never End

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Respectfully submitted by Lawrence E. Rafferty (rafflaw) Weekend Contributor

The instances of reported abuse of our country’s laws by our Intelligence services seems never-ending.  The National Security Agency, or NSA is at the top of the list when it comes to violations of our laws and even its own rules and procedures that are allegedly designed to protect our privacy.

Pursuant to a court order in a case brought by the ACLU, the NSA is required to provide a list of its abuses on a quarterly basis.  Of course, the NSA redacts most of what it puts in its own disclosures. Continue reading “NSA Abuses Never End” →

Courts, Free Speech, Justice, Politics

Washington Legislature Snubs State Supreme Court By Refusing To Allow Chief Justice To Give State Of The Judiciary Address

By Darren Smith Weekend Contributor

Washington Chief Justice Barbara Madsen
Chief Justice Barbara Madsen

The intrigue after the fallout generated by State Supreme Court holding the state, and essentially the legislature, in contempt for failing to adequately address their constitutionally mandated funding of primary education, the legislature refused to allocate time to allow Barbara Madsen, the Chief Justice, to give the State of The Judiciary Address.

Legislators claimed, among other issues, it was due to the historical lack of attendance by members and not an insult directed at the Supreme Court.

Continue reading “Washington Legislature Snubs State Supreme Court By Refusing To Allow Chief Justice To Give State Of The Judiciary Address” →

Constitutional Law, Courts, International, Politics, Religion

Egyptian Court Permanently Bans Jewish Celebration For “Moral Offenses”

ShowImage.ashxAn Egyptian court has permanently banned the three-day festival celebrating the birth of Rabbi Jacob Abu Hasira in Egypt’s Nile Delta region of Buheira. The judge cited unspecified “moral offenses” as the reason for the ban. It is the latest example of Egypt’s devolution from a secular to a sectarian legal system. While the Muslim Brotherhood and President Mohammed Morsi were ousted in 2013 after pushing the country toward an Islamic, sharia-based system, the country still has seen the steady erosion of secular values and the separation of religion and state.

Continue reading “Egyptian Court Permanently Bans Jewish Celebration For “Moral Offenses”” →

Constitutional Law, Courts, Free Speech

Court Of Appeals Denies First Amendment Right Exists For Condom Use In California Pornography Industry

By Darren Smith, Weekend Contributor

200px-US-CourtOfAppeals-9thCircuit-Seal.svgWe previously discussed HERE the concern that condom requirements imposed upon the adult film industry would have a chilling effect on the First Amendment but a court challenge to the public health compelling interest of the state likely would prevail. A circuit court of appeals addressed such matters recently.

The U.S. Ninth Circuit Court of Appeals affirmed the ruling of the District Court denying an injunction against Los Angeles County regarding the Los Angeles Safer Sex in the Adult Film Industry Act, including the enforcement of mandatory condom use in certain situations. The lower court ruled that the requirement of condom use constituted a de minimis effect on expression and was “narrowly tailored to achieve the substantial government interest of reducing the rate of sexually transmitted infections, and left open adequate alternative means of expression.

Continue reading “Court Of Appeals Denies First Amendment Right Exists For Condom Use In California Pornography Industry” →

Congress, Constitutional Law, Courts, Criminal law, Free Speech, International, Justice, Lawyering, Politics, Society, Uncategorized

Just How Much of Big Bank Fines Are Actually Paid and Who Profits?

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Respectfully submitted by Lawrence E. Rafferty (rafflaw)- Weekend Contributor

It should not surprise any of the regular visitors to this blog that I have written many articles detailing the abuses of many of the Big Banks and the resulting fines that they have paid on multiple occasions.  When a taxpayer reads about Billion dollar settlements being paid by Banks and financial companies as a result of a Justice Department investigation, they probably assume that the entire amount of the fine is being paid.

Those very same taxpayers may be surprised to learn that in many cases, the Banks are able to deduct from their taxes up to 75% of the fines and settlements made with the Justice Department. Continue reading “Just How Much of Big Bank Fines Are Actually Paid and Who Profits?” →

Constitutional Law, Courts, Criminal law, Free Speech, International, Media, Society, Torts

Is The Threat of David Boies To Media Over Use Of Hacked Documents Real?

Sony_Entertainment_Network220px-David_Boies_2011_ShankboneThere are continuing rumblings in the media about the threat of Sony Pictures Entertainment (SPE) lawyer David Boies over media sites using material hacked from the studio, including embarrassing emails where executives dish on leading stars like Angelina Jolie and the disclosure of contract information. Boies has warned that such material must be ignored or destroyed and suggested legal repercussions in the use of “stolen information.” But how serious is this threat? In my view, not very.

Continue reading “Is The Threat of David Boies To Media Over Use Of Hacked Documents Real?” →

Bizarre, Congress, Constitutional Law, Courts, Criminal law, Free Speech, International, Justice, Lawyering, Media, Military, Politics, Science, Society, Supreme Court, Uncategorized

The CIA Lost Its Soul and Took Ours With It

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Respectfully submitted by Lawrence E. Rafferty (rafflaw)-Weekend Contributor

This past week’s news reports of the Senate report on the CIA Torture program were both distressing and enlightening.   I was dismayed to not only read what the full extent of the CIA’s Torture program was, but also when I read pundits and former CIA officials claim that rectal rehydration was merely a medical procedure! I was further discouraged when commenters on this blog made claims that waterboarding and other torture tactics were either necessary or what the devils deserved.

Very few pundits or commenters seem to care if the so-called Enhanced Interrogation techniques were legal or ethical when the CIA resorted to them shortly after 9/11.  This “debate” over the actions taken in our name by the CIA has gone from a report based on the CIA’s own words to denials that the techniques were torture, to claims that great intelligence value was gained using the torture and claims that it was a biased report written by Democrats. Continue reading “The CIA Lost Its Soul and Took Ours With It” →

Courts, Torts

Lawyer Disbarred After Nightmare Probate Case Against Brothers

By Darren Smith, Weekend Contributor

early-pianoAfter what was seemingly a never ending probate contest between a Washington State lawyer and his brothers, the State Supreme Court unanimously voted to disbar lawyer Russell Kenneth Jones, upholding the Washington State Bar Association Disciplinary Board’s unanimous recommendation that Jones be sanctioned with disbarment.

The case brings to light how vexatious behavior and unbrotherly love can come alive in probate matters and shows quite definitely the advantage of having trusted third-parties involved to take some of the emotion out of probate proceedings.

The nearly eighteen year battle was one of the worst a presiding judge had seen. The ruling from the State Supreme Court provides some rather unique behavior described below in its ruling:

Continue reading “Lawyer Disbarred After Nightmare Probate Case Against Brothers” →

Courts, Criminal law, Lawyering, Media, Society

DUI Charges Against Texas Judge Dropped For Lack of Evidence . . . Then Police Release Video Of Judge Stumbling Through A Sobriety Test

judge16n-2-webLast November, questions were raised over a decision of prosecutors to drop all charges against 13th Court Justice of Appeals Nora Longoria for alleged drunk driving. There were concerns of special treatment but prosecutors insisted that they simply lacked sufficient evidence. Now it appears that there was a dash cam video that clearly shows Longoria unable to complete sobriety tests. It would seems a fairly easy case for prosecution.

Continue reading “DUI Charges Against Texas Judge Dropped For Lack of Evidence . . . Then Police Release Video Of Judge Stumbling Through A Sobriety Test” →

Congress, Constitutional Law, Courts, Criminal law, International, Justice, Lawyering, Media, Politics, Society, Uncategorized

Bail-Ins and Empty Pockets

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Respectfully Submitted by Lawrence E. Rafferty (rafflaw) Weekend Contributor

The Banksters are at it again.  You may recall an article that I wrote in March of 2013 which detailed a plan agreed to by the Bank of England and the FDIC which would allow banks to grab depositors funds in order to avoid a bank failure. The prime example given in that article was a similar plan that was put into action in Cyprus. Similar plans were on the books elsewhere, but the Cyprus grab had actually been activated.

Now it seems that the joint FDIC-Bank of England agreement from December of 2012 was not enough to make the Banksters whole in the event that their derivative gambling went south.  The idea has gone global and it puts all of our deposits, and even our pension investments at risk! Continue reading “Bail-Ins and Empty Pockets” →

Congress, Constitutional Law, Courts, Free Speech, International, Justice, Lawyering, Politics, Uncategorized

Corporate Greed

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Respectfully submitted by Lawrence E. Rafferty (rafflaw) Weekend Contributor

Now that we have celebrated Thanksgiving, I was struck by the news that Congress is considering legislation that would grant large tax breaks to corporate citizens and actually remove tax breaks for the poor and the middle class.

‘ “This Congress seems willing to give huge tax cuts to big businesses—who are already doing better than ever—but somehow can’t prevent tax increases on 50 million working Americans that will occur when expansions of the Earned Income Tax Credit and Child Tax Credit expire,” Harry Stein, the Associate Director for Fiscal Policy at American Progress Action Fund, told ThinkProgress. “This is a great deal for CEOs and a terrible deal for struggling families.”’ Nation of Change  Continue reading “Corporate Greed” →

Constitutional Law, Courts, Criminal law, Free Speech, Politics, Society, Supreme Court

Rape By Fraud: New Jersey Legislator Seeks To Make It A Crime Pretend You Are “Someone [You] Are Not” To Have Sex With Another Person

singleton_colorAssemblyman Troy Singleton (D-Mount Laurel) has introduced a controversial measure that would change the law in New Jersey to criminalize lies used to get someone to have sex. While such lies are notorious but common elements in many pickup situations, Singleton calls such acts as “rape by fraud.”

Continue reading “Rape By Fraud: New Jersey Legislator Seeks To Make It A Crime Pretend You Are “Someone [You] Are Not” To Have Sex With Another Person” →

Congress, Constitutional Law, Courts, Politics, Society

Obama: “I Just Took An Action To Change The Law” On Immigration

Screen Shot 2014-11-26 at 9.27.01 AMThere was an unscripted moment for President Barack Obama yesterday that might make Justice Department lawyers defending the recent unilateral changes to immigration laws a bit uneasy. The President was faced with an understandably annoying problem of hecklers who interrupted his speech demanding an end to deportations of anyone. The President responded with a clearly justified admonishment that they should let him speak, but he added in obvious frustration “What you’re not paying attention to is the fact that I just took an action to change the law.” That is what the Administration lawyers have striven to deny. They are insisting that this was not a change in law (which is a legislative act) but the exercise of discretion allowed under the law.

Continue reading “Obama: “I Just Took An Action To Change The Law” On Immigration” →

Congress, Constitutional Law, Courts, Criminal law, Justice, Lawyering, Politics, Society, Uncategorized

Foreclosure Fraud?

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Respectfully submitted by Lawrence E. Rafferty (rafflaw) Weekend Contributor

Since the Great Recession officially started in December of 2007, millions of people have lost their homes to foreclosures.  It turns out that many of those foreclosures may have been fraudulent or in violation of foreclosure laws. According to the Southern Essex County, Massachusetts Register of Deeds, John O’Brien, a forensic audit of his recording files suggests that at least 75% of the mortgage assignments were invalid.

“My registry is a crime scene as evidenced by this forensic examination. The Audit makes the finding that this was not only a MERS (Mortgage Electronic Registration Systems) problem, but a scheme also perpetuated by MERS shareholder banks such Bank of America, Wells Fargo, JP Morgan and others. I am stunned and appalled by the fact that America’s biggest banks have played fast and loose with people’s biggest asset – their homes. This is disgusting, and this is criminal.” Nation of Change Continue reading “Foreclosure Fraud?” →

Academia, Congress, Constitutional Law, Courts, Lawyering, Media, Politics, Society, Supreme Court

HOUSE FILES CHALLENGE OVER THE CHANGES TO THE AFFORDABLE CARE ACT

800px-Capitol_Building_Full_ViewToday, we filed our complaint United States House of Representatives v. Burwell (Case 1:14-cv-01967), in the United States District Court for the District of Columbia. The House’s complaint contains eight counts concerning constitutional and statutory violations of law related to the Patient Protection and Affordable Care Act (ACA). There are a myriad of unilateral amendments to this Act, ordered by President Obama’s Administration, which could be the subject of a challenge, and there are a number of changes that are already being litigated, including King v. Burwell, which has been accepted by the Supreme Court for review. The House’s complaint, however, focuses on the Administration’s usurpation not only of the House’s Article I legislative authority, but also of the defining “power of purse.” Both of these powers were placed exclusively in Article I by the Framers of our Constitution. These constitutional and statutory claims are highly illustrative of the current conflict between the branches over the basic principles of the separation of powers. The House’s complaint seeks to reaffirm the clear constitutional lines of separation between the branches – a doctrine that is the very foundation of our constitutional system of government. To put it simply, the complaint focuses on the means rather than ends. The complaint is posted below.

Continue reading “HOUSE FILES CHALLENGE OVER THE CHANGES TO THE AFFORDABLE CARE ACT” →