Category: Courts

SWAT: Is America Coming Under Martial Law?

Submitted by: Mike Spindell, guest blogger

flag-american1 This blog, like many others has an internal search function that will lead you to past stories. It is located beneath the smiling countenance of our proprietor on the upper right. If you enter SWAT into search, you see that the first archive page shows 19 stories involving SWAT raids that were unnecessary and/or unwarranted. In those raids 4 people and 9 dogs were shot in error by the SWAT Team. Just a catalog of the shootings belies the terror that these raids can instill in people who are merely residing within their homes. Many of the articles detail doors suddenly smashed open, flash grenades and gas grenades tossed into the home, people thrown to the floor handcuffed and left for hours in that position, by invading SWAT teams that either had the wrong house, faulty leads and or in some cases enforcing what were clearly civil warrants. In one instance in California a SWAT raid was carried out due to the suspicion of a defaulted student loan. http://jonathanturley.org/2011/06/08/california-family-hit-with-swat-raid-ordered-by-the-department-of-education/

I believe that the rise of these SWAT teams is leading this country towards martial law and what we all commonly understand is a “police state” as repressive as any we’ve seen in the past century. We have seen constant encroachment on our citizens Constitutional protections and a continued erosion of “the Bill of Rights”. Free Speech, the right to peacefully assemble, Habeas Corpus and safety from unwarranted intrusion in our own homes, among others, have been steadily eroded under various guises, be it the drug war, or national security. In my opinion the SWAT team concept, which militarizes our police forces, is leading this nation to what I see as a state of Martial Law. Despite ones place on the currently inflamed political spectrum, this is a problem that I think concerns us all as citizens, not as partisans. I will present to you sufficient proof of my belief, the majority of which will come from what can be fairly described as a “Libertarian Think Tank” and which was founded by Charles Koch, among others. When I find myself on the same side on an issue as the Cato Institute, then I know with certainty that my fears are well grounded and unrelated to any personal partisanship of my own. Continue reading “SWAT: Is America Coming Under Martial Law?”

A Non-Combatant Terrorist? Holder Issues New Statement On Obama’s Right To Kill Citizens Without Charge or Conviction

dronetoy2PresObamaWe previously discussed how Attorney General Eric Holder wrote a letter confirming that the President would have authority to kill citizens on U.S. soil without a charge or conviction. His answer triggered a principled filibuster by Sen. Rand Paul and another embarrassment to Democratic Senators who, again, chose personality over principle in staying silent. Now, Holder has issued a new statement. No, President Obama still claims the right to kill U.S. citizens on his sole authority. However, Holder now says that, if the citizen is “not engaged in combat on American soil,” the President cannot vaporize him. The answer leaves the constitutional claim of Obama even more confused and conflicted. Does this mean we have a third category now under the policy: citizen, citizen terrorist, and citizen non-combatant terrorist? The difference appears to determine whether you can be vaporized or speak to counsel but Holder is not explaining to the citizenry.

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Alabama Judge Orders Governor Not To Sign Controversial Education Bill

Price.Charlesbentley_portrait_180There is an interesting case out of Alabama where Circuit Judge Charles Price has issued an extremely rare order blocking a governor from signing a controversial education bill. Price wants to have a mid-March hearing on the legal issues surrounding the education bill and does not want Governor Robert Bentley to sign it until then. The teachers’ group, Alabama Education Association, has argued that the Republicans bypassed state rules in the inclusion of a tax credit measure. Even if they are right, however, Price’s order seems wildly out of line as a constitutional matter.

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New Mexico Judge Resigns Amid Allegations of Sextexting and Misconduct

220px-William_Ballantine_Vanity_Fair_5_March_1870_(crop)It appears some things do not stay in Vegas. State District Judge Eugenio S. Mathis, 58, of Las Vegas, N.M., has resigned from the bench after being accused of sextexting his wife from the bench as well as other alleged misconduct. He has also agreed never to hold a judicial position again.

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Pennsylvania Supreme Court Justice’s Wife Reportedly Make Fortune In Law Firm Referrals In Addition To Court Salary

image-1855There is an astonishing story coming from Pennsylvania where the wife of Supreme Court Justice Seamus P. McCaffery appears to not only pull a salary as his chief judicial aide but has reportedly pulled in hundreds of thousands of dollars in referral fees from law firms who appear before her husband. In just one such referral fee, Lise Rapaport, received $821,000.

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The NATO 3 and Free Speech

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

You may recall the demonstrations against the NATO Summit that was taking place in Chicago in May of 2012.  On May 16th, 2012, the Chicago Police Department made a military style raid on an apartment where several demonstrators were staying during the Summit.

“On May 16, 2012, the Chicago Police Department (CPD) conducted a violent midnight preemptive raid of an apartment housing 11 activists. Two of them, it would later be exposed, were actually undercover informants working on behalf of the CPD.  Staying in an apartment in the Bridgeport neighborhood on the south side of Chicago, the activists were in town to protest the North Atlantic Treaty Organization (NATO) Summit, held May 20-21.  The military-style raid led to the eventual charging of three of those activists in the Windy City to protest the NATO Summit with conspiracy to commit acts of domestic terrorism and other related charges – under Illinois’ terrorism statutein the form of a legal bail proffer. It was the first time the law – passed in haste by the Illinois legislature after the Sept. 11, 2001, attacks – had ever been used.”  Truthout   Continue reading “The NATO 3 and Free Speech”

New York Traffic Court Judge Returns To The Bench After Classes On “Anger Management” and “Human Relations”

150px-NYSDMV.svg220px-Modern_British_LED_Traffic_LightBrian Levine, a traffic court judge in Staten Island for the Department of Motor Vehicles, is back and neither lawyers nor drivers appear thrilled. Levine was dispatched to take anger management and “human relations” classes two years ago, but reports indicate that he still has a bit of a sharp edge in dealing with traffic violations.

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15,000,000

This morning, our blog passed our 15,000,000 viewers. Since just a few weeks ago that we passed the 14,000,000 mark, it is obvious that the blog continues to grow at an impressive rate. We continue to rank in the top ten most viewed legal blogs in the world and I would like to think that our civility policy adds to the appeal of the blog for new viewers.

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The Connecticut Effect

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

In the weeks since the school shooting in Newtown, Connecticut, the call for more action in controlling military style guns and large capacity magazines has increased, but as of yet, nothing concrete has been done on the national level.  In fact, the NRA was recently quoted as suggesting that nothing will be done, once the country gets over the “Connecticut Effect”!  “The National Rifle Association will wait until the “Connecticut effect” has subsided to resume its push to weaken the nation’s gun laws, according to a top NRA lobbyist speaking at the NRA’s Wisconsin State Convention this weekend.” Think Progress  Continue reading “The Connecticut Effect”

The Anti-Women 22

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

This past week a vote was taken in the United States Senate and it was not a vote to end a filibuster!  The vote that I am referring to was a vote to reauthorize the Violence Against Women Act.(VAWA)  It was noteworthy that the vote actually took place at all, but the results of the vote were especially interesting.  The vote to reauthorize VAWA, which was co-sponsored by Sen. Patrick Leahy,  passed by a 78 to 22 margin.  All 22 votes against the measure were by male Republican members of the Senate. Continue reading “The Anti-Women 22”

Tea Party: A Phony Movement Mantled as Legitimate

Submitted by: Mike Spindell, guest blogger

9.12_tea_party_in_DCIn August 2011 I wrote a guest blog titled: Tea Party and the Myth of a Grassroots Movement”.  Using various newspaper and internet sources I showed that the meme created about the “Tea Party” that it was a “grassroots uprising” of ordinary citizens to take back their country from the out of control liberals, was simply not true. The “Tea Party” is a movement fabricated by certain plutocratic corporate interests to maintain themselves as relatively tax free and maintain control over the fiscal state of our country. I’m revisiting it today because of the guest blog I’ve just submitted about CNN and the rest of the news media, in light of a post by Al Gore at Huffington Post, publicizing his new book which deals with the back-story of the creation of the “Tea Party” and its negative influence upon our country. Some of Al Gores’ evidence and that forming the basis of my original guest blog overlap, but the important difference is he’s Al Gore, former Vice President and a centrist. I on the other hand am merely an aging ex-hippy, who remains a political radical. The truth of the “Tea Party’s” inception is not hidden from view and the facts are blatantly out there. What is important though is that the cable news media, press and the Washington punditry continue to describe the “Tea Party” in terms of its meme and myth as a grassroots entity and thus are complacent in a deception of the American people.

Daily we see stories about these “Tea Party” legislators elected to office on all levels of our government. They are falsely portrayed as populists, who are “fed up” and ran for office to “change things” and return to our Constitution. Large percentages of “Tea Party people in polls still believe that Barack Obama was born in Africa and is a Muslim intent on destroying Christianity and America. They see him as a communist, socialist and fascist simultaneously intent on dismantling our capitalist way of life and crushing American exceptionalism. I understand that one can be a reasonable person an oppose Barack Obama’s activity as President. I oppose some of his positions strongly and I voted for him. However, if you believe the “birthers” and those who call him radical names, then I must say in my opinion you are delusional. He is a slightly right of center Democrat, hawkish on foreign policy and deferential to the Corporate Plutocracy. He may be a Constitutional Scholar, but he certainly hasn’t done enough to protect our Constitutional Freedoms. Yet we see this ultra right wing faction of the Republican Party thinking Obama as the anti-Christ and believing they are part of a spontaneous revolution performed in the interests of “protecting” America. Here’s why that isn’t true. Continue reading “Tea Party: A Phony Movement Mantled as Legitimate”

Egyptian Court Bans YouTube Over Anti-Islamic Film

200px-Logo_Youtube.svggavel2An Egyptian court has ordered a one-month ban on YouTube due to the refusal of the company to remove material insulting to Islam — the latest example of the growing battle between religious orthodoxy and free speech. Hassouna Tawfiq has also ordered other sites banned if they show the controversial “The Innocence of Muslims.”
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Bill Maher’s Gambit Or Why Donald Trump Loves Lucy

By Mark Esposito, Guest Blogger

The Contract From Lucy v. Zehmer
The Contract From Lucy v. Zehmer

Bill Maher’s caustic but hilarious shtick may have landed him $5 million dollars worth of trouble. Appearing on Jay Leno’s The Tonight Show, the comic best known for his HBO series, Real Time With Bill Maher, laughingly “offered” a cool 5 extra-large to charity if  perpetually hair-challenged, right-wing real estate mogul, Donald Trump, publicly  coughed up his birth certificate. Saying he was reasonably sure that Trump was the “spawn of his mother having sex with orangutan,” Maher asked to see the document then pledged to pay five charities of  The Donald’s choosing. Trump, who is no stranger to “birther” strategies, had famously offered to pay the exact sum to charity if President Obama produced his college records and passport application.

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The Most Important Human Rights Issue: Women

Submitted by: Mike Spindell, guest blogger

Sometimes an idea hits me leading to an epiphany. Epiphanies for me usually take the shape of the realization that a Woman_Montage_(1)belief I’ve held for a long time, is actually more important in the scheme of things than I had previously thought about. This happened with me some few years ago when the opposition to gay marriage defeated a voter initiative. I had been a believer in the need for equality for Gay men and women since I was a teenager. After all the bullies who were beating me up kept calling me a “fag, or “queer” and while I wasn’t, I got insight into what it must be like to be homosexual. In life you have the choice of identifying with the bully, or those who are bullied. I’ve always chosen the latter. So as a young adult I cried tears of joy when “Stonewall” happened and the police found that Gays would no longer be easy targets. Working for NYC’s Human Rights Administration and then living in Manhattan gave me the privilege of meeting and befriending Gay people of both sexes. When AIDS hit the scene I had many friends die and I worked to help the Division of Aids Services as a Budget Director. Yet while I always completely supported LGBT rights, for a while I believed the focus on Gay Marriage, shouldn’t be in the forefront of the movement. The argument over Proposition 8 in California http://en.wikipedia.org/wiki/Proposition_8  gave me an epiphany that led me to see that not only was the right to marriage an essential part of ensuring the Constitutional Rights of Gay people, but it was the key element. Being unable to assist in the health care choices of long term partners, in some cases even being barred from the funerals, or participating in ones’ partners Health Plan are important Constitutional issues and the essence of the battle. Continue reading “The Most Important Human Rights Issue: Women”

Culpeper Police Officer Found Guilty In Shooting

-Submitted by David Drumm (Nal), Guest Blogger

patricia cookWe have previously discussed the fatal shooting of an unarmed Patricia Ann Cook, 54, by Daniel Harmon-Wright, at the time a Culpeper, Virginia police officer. Cook was in her Jeep Wrangler in a church parking lot. Harmon-Wright had claimed his arm was caught in the car’s window as Cook drove away. This claim was disputed by an eyewitness. Cook was shot seven times.

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