Category: Courts

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

Morsi, Democracy and Problem with Fundamentalist Politics

Submitted by: Mike Spindell, guest blogger

Muslim_Brotherhood_LogoWhile I‘ve been trying to take a break from all politics and news as I bask in the glow of my family staying with me this week, I’ve nonetheless been fascinated by the fall of Egyptian President Morsi, in what must be described as a military coup. I’ve never been a fan of coups as I expect is true of most of us, yet the fall of Morsi has raises issues that I think are far more nuanced than appear on the surface. The salient facts are that after too many years the corruption of the government of Hosni Mubarak (who had been installed by the Egyptian military) led to severe economic issues and dissatisfaction with totalitarian rule. This then led to such massive protest that the military felt compelled, or justified to remove him. Mubarak’s removal was cheered, but then the clamor for free elections arose and after 18 months of martial law elections were held, as the first step towards transitioning to democracy and formulating a constitution.

The Society of Muslim Brothers, or Muslim Brotherhood was:“Founded in Egypt in 1928as a Pan-Islamic, religious, political, and social movement by the Islamic scholar and schoolteacher Hassan al-Banna,” It’s stated purposes was to: “to instill the Qur’an and Sunnah as the “sole reference point for …ordering the life of the Muslim family, individual, community … and state. http://en.wikipedia.org/wiki/Muslim_Brotherhood In a country such as Egypt, with its’ long history of totalitarian rule, the concept of political parties was not strong. Through its 85 years history the Brotherhood became the most stable opposition faction in the Egyptian political scene and was the main focus for opposition to whoever ruled Egypt by dint of the Egyptian Military’s backing. Such has been the success of the Muslim Brotherhood that it has branched out to have a significant presence in 20 nations around the world, many without a Muslim majority, such as the Russian Federation, the Indian Subcontinent, Great Britain and the United States. Therefore when the Egyptian Revolution of 2011 took place, the now legal “Brotherhood” was in an excellent position to vie for political power and formed the “Freedom and Justice Party” as its electoral arm. It won more than 40% of the parliamentary seats and its candidate Mohamed Morsi won election as President with 51.73% of the vote. His chief opponent had been a man who served as Mubarak’s Prime Minister. The Egyptian voters were faced, I think, with a “Hobson’s Choice” of Presidential candidates and chose what they perceived to be the lesser of two evils. Sound familiar?  What I will attempt to examine here is a question which is framed as: “Are Religious Fundamentalists capable participating in a pluralistic democratic society?” Continue reading “Morsi, Democracy and Problem with Fundamentalist Politics” →

Courts, Criminal law, Lawyering, Politics, Society

Proposed Findings and Sanctions Against the Government Filed In The World Bank Case

As discussed in the media (Washington Post and Associated Press), the plaintiffs in the World Bank case have filed their final proposed findings before the Special Master, including recommendations that D.C. Attorney General Irving Nathan and top aides be referred to the Bar for investigation. The case (Chang v. United States) has been going on for over ten years and involves the mass arrest of bystanders without probable cause during demonstrations against the World Bank and IMF. The case has been under investigation by Special Master John M. Facciola, United States Magistrate Judge for the United States District Court for the District of Columbia, who is looking into the loss or destruction of key evidence in the possession of the District of Columbia as well as false statements and filings made before the Court by District officials. Because I am co-lead counsel in the case with Dan Schwartz of Bryan Cave, I must remain circumspect in what I can say about the case. To relieve the burden on my secretary, I am posting the filing this week which is in the public record.

Continue reading “Proposed Findings and Sanctions Against the Government Filed In The World Bank Case” →

Courts, Criminal law, Justice, Society, Uncategorized

Greying of Prison Inmates: An Economic and Social Disaster in the Making

Submitted by Charlton Stanley (Otteray Scribe), Guest Blogger

BoP sealThose who advocated for longer prison sentences failed to take the Law of Unintended Consequences into consideration.  We all know that prisons have become warehouses. There are several areas where the US leads the world. We lead all industrialized nations in infant deaths the first day of life. We lead the world in illegal drug use. In addition, we lead the world in number of people incarcerated.

The US prison population is about 2.3 million, more than any other nation. Those numbers come from a global study of prisons by the International Centre for Prison Studies, London.

China is a distant second, with 1.6 million people in prison, despite a population of 1.35 billion. (NOTE: That figure does not include political prisoners in administrative detention for “reeducation.”)

The unintended consequences are an aging prison population. Perhaps the for-profit prisons did not count on that glitch in their bottom line. However, prisons at both the state and Federal level are finding themselves running geriatric nursing homes.  In 2010, the last year for which we have accurate data, prisoners age 65 or over increased 94 times the rate of the total prison population in the three-year period 2007-2010.  During that same three-year period, the total US prison population grew 0.7%.

At the rate we are going, by the year 2030, estimates are that almost a half-million prisoners will be elderly.  Most prisons spend an absolute minimum on staffing and patient health.  Private prisons find the elderly cutting into their profit margin. Problems not anticipated for younger prisoners are cropping up.  What good does it do for a correctional officer to give orders to a prisoner with Alzheimer’s disease?  Prisons are not designed for accommodating walkers, wheelchairs and those who may have serious age-related illnesses.

Continue reading “Greying of Prison Inmates: An Economic and Social Disaster in the Making” →

Bizarre, Constitutional Law, Courts, Criminal law, Justice, Lawyering

The ABCs Of The Surveillance State: Six Gun Toting Alcohol Agents Pounce On College Kid Buying Bottled Water [Corrected]

By Mark Esposito, Guest Blogger

The Offending Contraband That Almost Got A UVa Student Shot
The Offending Contraband That Almost Got A UVa Student Shot

University of Virginia student Elizabeth Daly thought she was doing a good thing buying some La Croix bottled water and cookie dough ice cream from the Harris Teeter Supermarket to share at a charity event.  It was 10:15 p.m. and the twenty-year-old, along with her female roommate were trying get to a police sponsored “Take Back The Night” event where she thought  she would be listening to stories from sexual assault victims and developing strategies to combat the scourge of most college towns. Instead, as she crossed the dark parking lot and got into her vehicle, she was set upon by six people, one of whom jumped on the hood of her SUV and another who pulled a gun.

“I couldn’t put my windows down unless I started my car, and when I started my car they began yelling to not move the car, not to start the car. They began trying to break the windows. My roommates and I were … terrified,” Daly stated. Not wanting to become a victim herself, Daly heeded the words of her panic-stricken front seat passenger and took off.  As she did, she grazed two of the assailants.

“They were showing unidentifiable badges after they approached us, but we became frightened, as they were not in anything close to a uniform,” she recalled Thursday in a written account of the April 11 incident.

Continue reading “The ABCs Of The Surveillance State: Six Gun Toting Alcohol Agents Pounce On College Kid Buying Bottled Water [Corrected]” →

Congress, Constitutional Law, Courts, Criminal law, Environment, International, Justice, Lawyering, Media, Politics, Science, Society, Supreme Court

Obama and the War on Drugs: Hypocrisy in Action

Submitted By: Mike Spindell, Guest Blogger

President_Barack_ObamaPresident Obama has admitted that while in school he was a frequent marijuana smoker. George W. Bush also alluded to smoking marijuana and possibly to using cocaine. Bill Clinton claimed to have smoked it but not inhaled it, which is the type of ridiculous statement Clinton is capable of asserting for political gain. Thus the last three Presidents of the United States have admitted that one time or another they have broken the law and used a banned substance. While each of those Presidents presided over the continued witch hunt and prosecution of the “War On Drugs” I believe that Barack Obama has been the most hypocritical.

Had either G.W. Bush, or Bill Clinton been arrested for smoking marijuana there is no doubt in my mind that they would have neither served jail time, nor would they have had their careers stained by a criminal record. Bush, as the scion of a great political family would have had his record expunged, or possibly have had the police back off when they discovered who he was. Bill Clinton was a student at a prestigious University and while not rich, came from a politically connected family in Arkansas. What they also had in common was that they were White men. Barack Obama on the other hand would have likely been arrested, despite his status as a Harvard student and while he probably would have escaped jail time he would have been forced to take a plea which would remain on his record. If such a thing had occurred it is highly probable that Barack Obama would never have been elected Senator, much less President. There is a likelihood that he might never even have been allowed to enter the Bar as an attorney, since that entrance requires extensive background checks. Whatever you might think of him Barack Obama is a very intelligent man. Surely he must realize how fortunate he was to not get caught smoking grass and yet as President he has stepped up the War On Drugs and has allowed egregious prosecutions in States that have passed medical marijuana laws. To my mind this is blatant hypocrisy, but beyond that political position lies a destructiveness that can only rationally be seen as the continuance of the oppression of Americans of color, particularly Blacks, by our Federal Government. I will deal with our President’s hypocrisy and use it as the basis of my condemnation of the War On Drugs. Continue reading “Obama and the War on Drugs: Hypocrisy in Action” →

Congress, Constitutional Law, Courts, Politics, Society, Supreme Court

Supreme Court Set To Review Obama Recess Appointments
The U.S. Supreme Court
The U.S. Supreme Court

While the rulings in Fisher and Windsor justifiably garnered the most attention this week, it is important to note an important but little discussed decision to accept a case. President_Barack_ObamaI have previously testified and written about President Barack Obama’s use of recess appointments, which I viewed as flagrantly unconstitutional. Recently, the D.C. Circuit agreed with that view and found that the Obama Administration had violated the recess appointment powers. Then a second appellate court has joined that view, the United States Court of Appeals for the Third Circuit. I have two law review articles coming out on these appointments and more broadly the abuse of recess appointment powers in modern presidencies. See Jonathan Turley, Recess Appointments in the Age of Regulation, 93 Boston University Law Review ___ (2013) and Jonathan Turley, Constitutional Adverse Possession: Recess Appointments and the Role of Historical Practice in Constitutional Interpretation, 2103 Wisconsin Law Review ___ (2013). The case accepted for review is Noel Canning v. NLRB, No. 12-1115 (D.C. Cir. 2013).

Continue reading “Supreme Court Set To Review Obama Recess Appointments” →

Congress, Constitutional Law, Courts, Criminal law, International, Lawyering, Politics, Society

Federal Judge Dismisses Abu Ghraib Case Under Sweeping Ruling Under The Alien Tort Statute

ph_leeU.S. District Judge Gerald Bruce Lee has issued a sweeping victory for the Obama Administration and its contractors in seeking to bar any recourse for people injured or killed in U.S. camps or prisons like Abu Ghraib. Lee dismissed a lawsuit detailing well-supported accounts of abuse of detainees at the Abu Ghraib prison — holding that the injured parties could not use U.S. courts to seek judicial review and relief for the abuse. He closed the door to the U.S. judicial system to four Iraqi plaintiffs under the Alien Tort Statute (ATS) as well as one plaintiff who was deemed as barred under Iraqi law.

Continue reading “Federal Judge Dismisses Abu Ghraib Case Under Sweeping Ruling Under The Alien Tort Statute” →

Courts, Society

A Case Of An “Irresistible Attraction” Leads Iowa Supreme Court To Reconsider Earlier Ruling

121223010629-nr-lemon-dental-assistant-fired-00001202-story-topWe previously discussed the alarming ruling in Nelson v. James H. Knight, DDS, where the Iowa Supreme Court ruled in December that a dentist did not commit gender discrimination in firing an attractive female employee, Melissa Nelson, at the request of a jealous wife. The “irresistible attraction” rule led many of us to question the standards applied by the Court. Now, the Court has taken the exceptionally rare step of withdrawing the December 2012 decision and announcing that it will reconsider the case.

Continue reading “A Case Of An “Irresistible Attraction” Leads Iowa Supreme Court To Reconsider Earlier Ruling” →

Constitutional Law, Courts, Media, Politics, Society, Supreme Court

A Familiar Scene And An All-Too-Familiar Question: The Supreme Court Returns To The Question Of Race [UPDATED]
The U.S. Supreme Court
The U.S. Supreme Court
This morning I will be in front of the Supreme Court to discuss the expected rulings on same-sex marriage, voting rights, and racial diversity in college admissions.  It is the last ruling in Fisher v. University of Texas Austin that brings back many personal memories for me.  I will be with Jake Tapper giving legal analysis from virtually the identical place I was standing in 1977 when Regents of the University of California v. Bakke was argued before the Court.  I was a 16 year old congressional page during the large protests for and against affirnative action.  I remember walking out of the House of Representatives where I was a leadership page and getting swept away by the crowds.  I found a spot near today’s CNN site to watch this passionate display of free speech.  What is most striking is that 36 years later little has truly been resolved in how race can be considered by universities — or the struggle of the Court to find a consistent approach to the question. Update below: The Court ruled 7-1 to impose a higher standard for review under strict scrutiny.
Continue reading “A Familiar Scene And An All-Too-Familiar Question: The Supreme Court Returns To The Question Of Race [UPDATED]” →
Constitutional Law, Courts, Criminal law, Free Speech, Society

Second Circuit Upholds Conviction Of Radio Host For Attacks On Judges

nicubunu_open_mouthA troubling conviction has now become a troubling precedent for the first amendment. A right-wing Internet radio host, Harold C. Turner, was earlier convicted of threatening three federal judges. Turner, 48, posted comments attacking the three appeals court judges who had upheld a ban of handguns in Chicago. He was charged with a single count of threatening to assault or kill the judges with the intent of impeding their official duties. The referenced judges testified against Turner. They are Judges Frank Easterbrook, William Bauer, and Richard Posner. Now the United States Court of Appeals for the Second Circuit has upheld the conviction in decision that could expose more speech to criminal penalties.

Continue reading “Second Circuit Upholds Conviction Of Radio Host For Attacks On Judges” →

Congress, Constitutional Law, Courts, Uncategorized

The War on Men

Submitted by: Mike Spindell, Guest Blogger

taranto-waronmen1As a male who met his wife at age 36, I had many years as a single male and many relationships with women. While being experienced sexually the idea of forcing myself on a woman was not only repellant, but emotionally I was and am unable to understand why men would do something like that.  Emotionally even as a fantasy, on film, or in literature I find nothing the least bit stimulating, or manly about forcing oneself upon an unwilling partner. Yet I understand it very well intellectually as a power trip having little to do with sex and much to do with an innate hostility towards women.. One of the places where it seems rape and sexual assault has run rampant has been the military.  A recent AP story has related that one third of fired military commanders were canned for sexual misconduct.  http://jezebel.com/5977856/nearly-a-third-of-fired-military-commanders-were-canned-because-of-their-penises Congress is discussing harsher military penalties for rape and sexual molestation. This is a disgraceful situation in my opinion and a continuance of women being treated as second class citizens.

In May, the Department of Defense released its “Annual Report on Sexual Assault in the Military,” which found that up to 26,000 service members may have been the victim of some form of sexual assault last year, up from an estimated 19,000 in 2010. The report also found that 62 percent of victims who reported their assault faced retaliation as a result. Defense Secretary Chuck Hagel responded to the report by calling the assaults “a despicable crime” that is “a threat to the safety and the welfare of our people,” and General Martin Dempsey affirmed that sexual assaults constitute a “crisis” in the military.

I find that the figure of 26,000 service members being victims of sexual assault this past year appalling. Almost all of those victims were females. Yet as we shall see there are some who minimize this behavior and seem to excuse it as just the natural workings of the male libido. I’ll explain. Continue reading “The War on Men” →

Courts, Criminal law, Society

New Jersey Judge to Face Trial for Hindering the Arrest of Robbery Suspect [UPDATED]

gavel2Superior Court judge Carlia Brady, 41, is to stand trial for “knowingly harbor[ing]” a fugitive charged with armed robbery in her Woodbridge home and never calling the police. She was arrested on Tuesday and charged two counts of hindering the apprehension of Jason Prontnicki, 41.

Continue reading “New Jersey Judge to Face Trial for Hindering the Arrest of Robbery Suspect [UPDATED]” →

Courts, Lawyering, Politics

Michigan Judge Removed From Office For Lying Under Oath

bildegavel2The Michigan Supreme Court voted yesterday 5-2 to remove Wayne Family Circuit Judge Deborah Ross Adams from office for lying under oath and other violations of judicial ethics. In removing Adams, the court found that a 180-day suspension recommended by the Judicial Tenure Commission was manifestly too low for a judge lying under oath. Continue reading “Michigan Judge Removed From Office For Lying Under Oath” →

Courts, Lawyering, Uncategorized

Tennessee Judge Under Fire For Warning Female Lawyers About Professional Dress

taylor_royceCircuit Judge Royce Taylor in Murfreesboro, Tennessee is embroiled in an interesting controversy after he urged female attorneys to dress appropriately in courthouses. It is common for judges to instruct male attorneys on the need to wear jackets, ties, and appropriate shoes. However, for a male judge to write a memo on female dress is a different matter for some. It raises a long-standing issue for attorneys. Male attorneys privately grumble that there appears to be no serious limits on female dress codes while men are called to account before judges.

Continue reading “Tennessee Judge Under Fire For Warning Female Lawyers About Professional Dress” →

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

Catch 22 and the Secrecy Debate

Submitted by: Mike Spindell, Guest Blogger

National_Security_Agency.svgOne of the greatest novels I’ve ever read was Joseph Heller’s “Catch 22”. It is in turns humorous, tragic and distressing. It is finally one of the best commentaries on the insanity of the human condition, especially in wartime. Catch 22’s protagonist is Yossarian, an Air Force Bombardier in World War II, who no longer wants to keep flying the increasingly deadly missions over Germany. So desperate is Yossarian that he is willing to act out in any way possible that will get him grounded and he is hoping that he will be declared unfit for duty due to insanity. The problem is a military regulation that is described as “Catch 22”.

“The “Catch-22” is that “anyone who wants to get out of combat duty isn’t really crazy” Hence, pilots who request a mental fitness evaluation are sane, and therefore must fly in combat. At the same time, if an evaluation is not requested by the pilot, he will never receive one and thus can never be found insane, meaning he must also fly in combat. Therefore, Catch-22 ensures that no pilot can ever be grounded for being insane even if he is.” http://en.wikipedia.org/wiki/Catch-22_%28logic%29

The revelations of NSA spying have become a great topic of discussion these days, though it is merely a continuance of what we know our government has been doing since the origins of the Cold War, fueled by an ever more sophisticated technology in this digital age. A few people have been privy to the use of secrecy to hide the many violations of constitutional rights, human rights and war crimes. They have acted out of conscience to expose these violations only to face imprisonment and vilification by not only the Intelligence establishment, but by the bi-partisan Washington Establishment and their pundit minions. The most prominent of these “whistle blowers” have been Bradley Manning, Julian Assange and now Edward Snowden. The Establishment I refer to represents the Intelligence/Military/Corporate Complex (IMCC) that is and has been, in control of our country. They are the “Permanent Government” of the United States and have been for most of our history. The IMCC owns or controls most of our supposed “free press” which includes the media outlets from which Americans get their news and form their opinions. Despite the outrage of many here and many in the public, I believe that almost nothing will stop this perversion of this country under the guise of protecting it because of the logic inherent in Catch 22. Yet I have also read an article this week that discusses the NSA issue and actually ends with a modicum of hope. Since it was written by a fearless investigative reporter, whose outlook is usually pessimistic, I took heart from it and perhaps you will also if you oppose this invasion of our lives, supposedly done to protect us. Continue reading “Catch 22 and the Secrecy Debate” →