Category: Courts

Harris v. Quinn: The “Other” Supreme Court Decision Today

Supreme Court225px-010_alitoToday’s ruling in Hobby Lobby is the type of decision that tends to suck the oxygen out of the room. For that reason, the important decision in Harris v. Quinn could be overlooked. At issue in the case is the viability of Abood v. Detroit Board of Education— the 1977 opinion held that the government could constitutionally condition a person’s employment in the public sector on the paying fees to a union. As I mentioned on CNN last night, this is a major decision that is being pushed from the coverage but deserves more attention. As anticipated, Justice Alito wrote the decision and ruled against the union.

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Why Do The Republicans Love to Hate Miranda?

By Mark Esposito, Weekend Guy

abuAhmed Abu Khatallah’s boat docked yesterday and the reputed Benghazi attacks mastermind was met with a contingent of U.S. Marshals, Navy security and a phalanx of Justice Department types all eager to hear his gilded version of events and to usher him to a US federal courtroom near the White House where the processes of the US justice system could start slowly grinding now in earnest. He pled not guilty for anyone interested. Before his arrival, however, a cacophony of Republican lawmakers decided to weigh in on his treatment aboard the trans-Atlantic cruise ship, the USS New York, provided by the Navy.

As many know, Abu Khatallah was captured in a clandestine operation conducted by US special ops aided by shadowy figures from both inside and out of the Libyan power structure who lured him to a villa where US forces made the arrest. Abu Khattallah, designated by the State Department as a global terrorist, was regarded as a prime suspect due to his affiliation with a group he helped to found and known as the Ansar al-Sharia. A fundamentalist militia group that rose to power after the fall of Gaddafi, it has claimed responsibility for the attack against the U.S. Embassy and American school in Tunis, leading the Tunisian government to declare it a terrorist organization. The group has been implicated in attacks against Tunisian security forces, assassinations of Tunisian political figures, and attempted suicide bombings of locations that tourists frequent. Not exactly the kind of guys you bring home to dinner.

Abu Khatallah’s capture was coup for an administration looking to change the dialog on the Benghazi attack which left four Americans dead including US ambassador J. Christopher Stevens. Criticized for everything from the response (or lack thereof) to the attack by US security forces as well as even the characterization of  the attack itself, the administration has been attempting to change the narrative since 2012. In his new book, Blood Feud, excerpted by the New York Post, author Edward Klein claims President Obama pressured then Sect’y of State Hillary Clinton to issue a release stating the attack was a spontaneous uprising relating to an obscure internet video criticizing Islam.  Knowing the attack coincided with the anniversary of the 2001 attacks on US soil, Clinton bristled.  According to Klein, Clinton said, “Mr. President, that story isn’t credible. Among other things, it ignores the fact that the attack occurred on 9/11.” But the president was adamant. He said, ‘Hillary, I need you to put out a State Department release as soon as possible.” Continue reading “Why Do The Republicans Love to Hate Miranda?”

Sudanese Woman Formerly Sentenced To Death For Apostasy Has Taken Refuge In U.S. Embassy

By Darren Smith, Weekend Contributor

meriam-yehya-ibrahim-apostasy-sharia-law-sudanWe have discussed the plight of Meriam Ibrahim who endured a trial and subsequent death sentence imposed in a Sudan sharia court alleging apostasy and adultery. A Christian woman, she was considered formerly to be Muslim by virtue of her father’s religion though raised by her mother in an Orthodox faith. Having married her husband, a Christian man with American citizenship, triggered the charges. Previous discussion can be read HERE and HERE.

After an international outrage over her arrest and conviction, an appeals court struck down the convictions and released her, and a child born to her while in prison.

As she was preparing to leave Sudan, Meriam again faced the authorities at an airport alleging she had false documentation allowing her departure from Sudan. Once again arrested, she has since been released and has taken refuge in the American Embassy in Khartoum. Yet it seems her ordeal will not be over.

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FEDERAL COURT DISMISSES ALL CHARGES AGAINST DR. SAMI AL-ARIAN

module_img_1 It is with a great sense of relief and thankfulness that I can now report that all charges have been dropped against my client Dr. Sami Al-Arian. Minutes ago, United States District Judge Anthony J. Trenga signed the order dismissing the indictment against Dr. Al-Arian. The case was before Judge Leonie M. Brinkema, but it was Judge Trenga who signed the order on Friday afternoon.

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Government Moves To Drop All Charges Against Dr. Sami Al-Arian

module_img_1The press has reported on the motion of the Justice Department to drop all charges against my client Dr. Sami Al-Arian. Obviously, we have been seeking this result for years in this case. However, as lead counsel, I am limited in what I can say about the case before the dismissal of all charges. My office is receiving a great number of calls from the media, but I will continue to defer to the Court on the pending motion.

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Supreme Court Unanimously Finds President Obama Violated Constitution In Use Of Recess Appointments

Supreme CourtPresident_Barack_ObamaThe Supreme Court has ruled in Noel Canning v. NLRB, No. 12-1115, and found that President Obama had indeed violated the constitution in his recess appointment. The decision was unanimous. I will be discussing this and the abortion case ruling at 1pm with Wolf Blitzer on CNN.

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Privacy Prevails: Supreme Court Unanimously Requires Warrant To Search Cellphones

Supreme CourtIn a major (and increasingly rare) victory for privacy, the Supreme Court voted unanimously to require a warrant for police to search cellphones of arrested individuals. Chief Justice Roberts issued a consolidated opinion in two cases: Riley v. California, No. 13-132, and United States v. Wurie, No. 13-212. The second case is another loss for the Obama Administration which fought to strip citizens of privacy over their cellphone records — a consistent attack on privacy by this Administration. The Supreme Court also issued a major ruling in favor of cable companies in American Broadcasting Companies, Inc. v. Aereo, Inc., a decision that may not sit well with the many citizens who despise these companies. I will be discussing these decision on CNN with Wolf Blitzer today.

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Federal Court Rules Government’s No-Fly List Is Unconstitutional

FAA logogavel2There is a major decision out of Oregon where U.S. District Judge Anna Brown has ruled that the government’s no-fly list is unconstitutional since there is no meaningful way to contest inclusion of the list barring you from commercial flights. Brown issued a 65 page ruling with the holding that the “inclusion on the no-fly list constitutes a significant deprivation of their liberty interests in international travel.” It is a refreshing opinion from the federal courts which tend to be highly deferential to the government in this area.

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Judge Who Sentenced Saddam Hussein To Death Is Reportedly Killed In Retaliation By ISIS Rebels

800px-SaddamHussein_in_court_2004July01_DF-SD-05-03944There are reports this week that Judge Raouf Abdul Rahman, who sentenced former Iraqi leader Saddam Hussein to death by hanging in 2006, has been killed by rebels in retaliation for the execution. It is the nightmare of judges who could find themselves called to account for prior rulings by a mob. In this case, Rahman could see the steady territorial gains of the Sunni ISIS militants and must have known that he was at great risk.

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Supreme Court Limits EPA Authority In Regulation Of Greenhouse Gases

scalia220px-AlfedPalmersmokestacksAssociate Justice Antonin Scalia eked out a victory against the Environmental Protection Agency in a 5-4 opinion today limiting the EPA’s ability to regulate greenhouse gases. However, the decision however does not prevent the EPA from using other means to regulate the pollutants linked to global warming. Specifically the vote means that the Clean Air Act does not allow for the EPA require a point source to obtain a PSD or Title 5 permit. The vote was a straight ideological division with Justice Anthony Kennedy joining his conservative colleagues in the majority. The majority held that “A brief review of the relevant statutory provisions leaves no doubt that the PSD program and Title V are designed to apply to, and cannot rationally be extended beyond, a relative handful of large sources capable of shouldering heavy substantive and procedural burdens.” Utility Air Regulatory Group v. Environmental Protection Agency is the lead case of six cases on the regulation of greenhouse gases.

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ACLU: Documents Show Effort Of Police And U.S. Marshals To Deceive Courts In Use Of Controversial “Stringrays”

marshals-660x494stingray_500x280_0There is a highly disturbing story out of Florida where the American Civil Liberties Union (ACLU) has uncovered instructions from the U.S. Marshals Service that appear to tell police to actively deceive judges and defendants about the use of the controversial surveillance tool called Stingrays, or IMSI catchers, which simulate a cellphone tower and trick any nearby mobile devices into connecting with them. The federal officials reportedly told police to lie to courts and defendants and say that the suspect’s location came from a “confidential source.”

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Mississippi Burning, 50th Anniversary of a Crime That Nearly Went Unpunished.

By Charlton Stanley, Weekend Contributor

FBI MIBURN Poster
FBI MIBURN Poster

Fifty years ago today, the course of American history changed. It was changed by a few carloads of haters, with law enforcement officers complicit. Murder, pure and simple. It was June 16, 1964 that the Mount Zion Methodist Church was burned to the ground by arsonists. The church offended the Ku Klux Klan because it housed a Freedom School. This was a part of the educational program designed to help black Mississippians register to vote. The attack on the church was not a sneak arson in the wee hours. In fact, Klan members assaulted and beat several African Americans present at the church. Then they set the church on fire, burning it to the ground.

Intelligence gathered later by legitimate law enforcement discovered that the Neshoba County church was not chosen by accident. The attack on the church and the people inside was designed to lure more CORE (Congress Of Racial Equality) volunteers to the area. The Klan was interested in one worker in particular, Michael Schwerner. He had attracted interest as a target, aside from being Jewish, because he had helped with a boycott of Mississippi stores, his Freedom Summer activities, and of course helping set up Freedom Schools around the state. The carefully planned trap worked.
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Hoping For Hope

By Mark Esposito, Weekend Guy

soloWith the pivotal World Cup game of the Americans versus Portugal just a day away, sports fans were greeted yesterday with sad news about one of America’s finest players. Olympian Hope Solo was arrested on domestic violence and assault charges at her sister’s home in Seattle. Solo who is a heralded goalie is much more than that. She’s a bona fide star in a sport sorely in need of one. While soccer enjoys a world-wide popularity, its reception in the U.S. has been … well … muted. Lacking the violent collisions of football (for the most part) and the non-stop  artistry of professional basketball, American males have routinely turned up their noses at what some call derisively “Communist kickball.” Add that to this year’s controversial move of leaving the greatest American male soccer star off the U.S. team and you have a sport that only an advancement to the final round of the World Cup playoffs could whet the public’s appetite the way American football does.

Solo earned her star power  following her brilliant but controversial Olympic performance. In 2005, she became the Americans starting goalie and recorded 7 shutout in 7 matches. In 2007 at the women’s World Cup, while facing the best he world had to offer, she  allowed just two goals in four games while recording 3 consecutive shutouts. No mean feat when you patrol a goal net about half the size of New Jersey. When she was benched in the semi-final game against Brazil for a reputed attitude problem, Brazil blew out the U.S. team 4-0. Solo was not the strong silent type castigating her coach and her replacement for the move and earning the ire of her more team-oriented teammates. Solo rebounded from that controversy and helped the U.S. win gold in the 2008 and 2012 Olympics solidifying her as a top — if not the top — goalie in the world. She also played professionally for several teams and is now starting for the Seattle Reign of the National Women’s Soccer League.

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Supreme Court Rules In Favor Of Challenge To Ohio’s Criminalization of False Political Statements

supreme court220px-Clarence_ThomasThe Supreme Court has handed down a unanimous decision in Susan B. Anthony List v. Driehaus. This is an important case for the free speech community. It involved poorly written Ohio laws that SBA prohibit the use of false statements in campaign advertisements. It allows politicians to harass public interest groups and force them into costly administrative litigation. The case was brought by the pro-life organization, the Susan B. Anthony List (“SBA List”). Associate Justice Clarence Thomas wrote the opinion for the Court in finding that SBA had sufficient injury to bring the challenge, another victory this term for standing this term after years of disastrous rollbacks by the Court that have barred groups from the courts. The SBA case was one of those considered by my Supreme Court class and once again the class got the prediction right and also mirrored the Court on the merits. We voted 8-2 to reverse the Sixth Circuit. We then voted 9-1 in predicting a reversal.

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The Chemistry of Revenge: Bond v. U.S. – A Study In The Carpenters And Treaties

By Mark Esposito, Weekend Guy

130227203059-supreme-justices-horizontal-galleryCarol Anne Bond was overjoyed to learn that her best friend, Myrlinda Haynes, had become pregnant. That joy was short-lived when she learned that the father was none other than her husband,Clifford Bond. The Philadelphia woman embarked on a course of revenge that would result in federal charges for deploying chemical weapons and a trip to the United States Supreme Court. Passed in 1998,  the Chemical Weapons Convention Implementation Act, enabled Congress to enforce the terms of an  international treaty banning deployment of some chemical weapons. Taking advantage of that law, federal prosecutors charged Bond with obtaining two chemicals which together or separately could have killed her pregnant rival.

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