I am still in Salt Lake City, but we have had a great number of inquiries on yesterday’s hearing in the Sister Wives case. The two motions for summary judgment were argued with the state presenting its case through lead counsel Jerry Jenson and my presenting the case for the Brown family. Judge Clark Waddoups was obviously well-versed in the record and asked probing and fair questions to both sides. He has now taken the case under review for a final decision on the merits. I prefer not repeat or comment on statements in court from either myself or the judge. A few articles from the hearing are linked below.
Continue reading “Sister Wives Case Now Set For Final Ruling”
Category: Courts
Municipal court judge Lee Johnson in Ennis, Texas, is the latest public official to rush to Facebook like a teenager on a tear. Johnson breathlessly reported that a “certain unnamed (very) recent Heisman Trophy winner” had been ticketed in his jurisdiction — an obvious reference to Texas A&M quarterback and Heisman winner Johnny Manziel. Johnson then wrote “I meant to say ‘allegedly’ speeding, my bad.” It was striking that Johnson thought the problem was not saying allegedly as opposed to his turning into some form of judicial paparazzi.
On Thursday, the federal court in Salt Lake City is set to hear final arguments in the Sister Wives case. The hearing on the motions for summary judgment will be heard on Thursday, January 17th at the federal courthouse in Room 102 before Judge Clark Waddoups. The Brown family has challenged Utah Code Ann. § 76-7-101 (West 2010) under seven constitutional claims, including due process, equal protection, free speech, free association, free exercise, the establishment of religion, and 42 U.S.C. § 1983. As lead counsel, I am limited in what I can say about the case publicly beyond the statement below.
Continue reading “Federal Court Set To Hear Final Arguments In Sister Wives Case”
John Cusack and I had a dialogue last year about civil liberties and other issues. John previously ran a second interview (actually half of a second interview) on Huffington Post. Huffington has now published the second half of this last interview. With the death of Aaron Swartz this month, the Assange case takes on even greater significance for many. Below is the full interview if you want to read it without edits for space.
Respectfully submitted by Lawrence E. Rafferty (rafflaw)-Guest Blogger
I guess it should not come as a surprise to me anymore. However, it still upsets me to see a military defense contractor trying to deflect blame for the damages its negligence caused to members of our military while serving in Iraq or Afghanistan. In a news item that I didn’t notice until a few days after it broke, Huffington Post reported that the defense contractor, KBR, was found negligent and responsible for the poisoning of a dozen soldiers in Iraq in 2003. Over 800 members of both regular and reserve units were stationed at an Iraqi water treatment plant to secure it and they were exposed regularly to a dangerous carcinogen called Sodium Dichromate. The impact on the soldiers and Guardsmen’s negligent exposure to that “extreme carcinogen” was both devastating and deadly.
“Sodium dichromate is an orange-yellowish substance containing hexavalent chromium, an anti-corrosion chemical. To Lt. Col. James Gentry of the Indiana National Guard, who was stationed at the Qarmat Ali water treatment center in Iraq just after the 2003 U.S. invasion, it was “just different-colored sand.” In their first few months at the base, soldiers were told by KBR contractors running the facility the substance was no worse than a mild irritant. Gentry was one of approximately 830 service members, including active-duty soldiers and members of the National Guard and reserve units from Indiana, South Carolina, West Virginia and Oregon, assigned to secure the water treatment plant, according to the Department of Veterans Affairs.
Sodium dichromate is not a mild irritant. It is an extreme carcinogen. In November 2009, at age 52, Gentry died of cancer. The VA affirmed two months later that his death was service-related. In November, a jury found KBR, the military’s largest contractor, guilty of negligence in the poisoning of a dozen soldiers, and ordered the company to pay $85 million in damages. Jurors found KBR knew both of the presence and toxicity of the chemical. Other lawsuits against KBR are pending.” Huffington Post Continue reading “KBR, Iraq and the Cost to Vets and the US”
Submitted by: Mike Spindell, Guest Blogger
Those who’ve read my comments here through the last two Presidential elections, know that I supported and voted for Barack Obama twice. Yet President Obama has been a disappointment to me throughout his Administration. His continuing support of what I consider extra-Constitutional intelligence gathering is a terrible thing. That Guantanamo Bay is still functioning is a continuing human rights violation. The continued American troop presence in both Iraq and Afghanistan is as disgraceful as the reasons that caused us to be there in the first place. Bradley Manning is an American hero that this country is illegally torturing with this President’s approval. The entire issue of the rising deficit and of a mythical “Fiscal Cliff” is one the President gives credit to, thus making it seem real to the public, while those decrying it merely are using it as a means of destroying America’s already frayed “social safety net”. The escape from criminal prosecution of the Bush Administration for War Crimes time has passed. The financial titans who collapsed our economy with their fraudulent manipulations will not be brought to justice, only become wealthier. The continuance of prosecuting the “War on Drugs” after we’ve seen marvelous public initiatives legalizing marijuana at State Levels, is a cruel hoax that destroys the lives of people in the name of protecting the citizenry. Need I go on to make the point of how disappointing this Administration has been? It would take tens of thousands of more words to do so, but then in this erudite group of those readers of this blog, it would be unnecessary, because so many here could do it on their own and perhaps better than I can.
Where I get confused at times here is in the continuing surprise that is expressed with each new violation of our rights, with each new foreign incursion and with the continued militarization of this country as it “goosesteps” towards the creation of an Empire. I get confused because I fail to understand why people who know better, would think that someone else as President could prevent all of these atrocious occurrences. This confusion is re-enforced by the fact that this blog has continually presented evidence that this country is no longer, if indeed it has been, under the aegis of our beloved Constitution. Leading the evidence presented here was Jonathan Turley’s blog post ”10 Reasons The U.S. Is No Longer The Land Of The Free”. http://jonathanturley.org/2012/01/15/10-reasons-the-u-s-is-no-longer-the-land-of-the-free/ As our esteemed proprietor followed up this post was selected as one of the top ten articles in the Washington Post’s Outlook Section for 2012. At the end of this piece I will give links to my own guest blogs which have also reinforced the idea that we are no longer the country of freedom that our establishment claims we represent. Thus comes my somewhat confused question as to why would we the denizens of this blog think that barring action by the people, that our President, or any other governmental officials could single-highhandedly return us to the ideals of our constitution. Continue reading “President Obama Disappoints, Why the Surprise?”
Michigan Supreme Court Justice (and former prosecutor) Diane Hathaway has resigned from the state’s highest court after a judicial agency accused her of “blatant and brazen violations” of judicial ethics that include allegations of bank fraud, tax fraud, money laundering and lying to investigators. The alleged facts are quite shocking and lead to the question of why Hathaway has not been charged criminally. In 2008, Hathaway launched a successful Democratic campaign to unseat conservative Chief Justice of the Court, Cliff Taylor. Her heavily negative campaign accused Taylor of failing asleep on the bench and declared “If you see justice in the name, he really belongs in the hall of shame.”
The Second Circuit has reinstated a civil rights lawsuit by former airline pilot John Swartz, a Vietnam veteran who sued after he was arrested in New York for disorderly conduct. Swartz, a Vietnam veteran, says that he was arrested after he signaled his displeasure with a speed trap by extending his middle finger in a universal sign of contempt. The officer however insisted that he took the gesture as a cry for help and followed Swartz. The case is Swartz v. Insogna, 2013 U.S. App. LEXIS 186 (2d Cir. 2012).
Continue reading “Second Circuit Rejects Middle Finger As A Cry For Help”
Respectfully submitted by Lawrence E. Rafferty (rafflaw)-Guest Blogger
It is always rare in Washington these days when a bipartisan majority passes any bill in the House of Representatives or the Senate. However, while most of the media interest last week was fixed on the so-called “fiscal cliff” negotiations and the subsequent legislation that was passed and signed into law, maybe the media missed the more important legislation. That missed legislation was a 5 year extension of the FISA amendments that was granted by the Senate in a bipartisan 72-23 vote last week. “The Senate voted 72-23 last week to extend the FISA Amendments Act another five years, which President Obama signed Sunday. Unfortunately, the public discussion of George W. Bush’s warrantless wiretapping program may soon fade back into the shadows.” ACLU
This is a continuation of the same Bush-era FISA bill that was alleged to spy on almost anyone’s electronic communication, all without warrants. So, instead of sunshine being used to bring some accountability and transparency to this secret spying, for Five more years, American’s phone calls and text messages can be monitored almost at will by the government with little or no judicial restraint. What is Congress and the Intelligence community hiding from the American people? Continue reading “FISA Extension Gets a Bipartisan Pass”
by Gene Howington, Guest Blogger
While touring about America’s roadways, it’s not unusual to see a vanity plate or bumper sticker that says “God Is My Co-Pilot”. It’s not unusual to see someone with a dog as a co-pilot. Can a corporation be your co-pilot?
We’ll soon find out thanks to Citizens United and Jonathan Frieman of San Rafael, California. Mr. Frieman was pulled over for driving alone in the carpool lane. He argued to the officer that he did actually have a passenger. In the form of articles of incorporation. Upset (and reasonably so) over the Citizens United ruling, Frieman says he had been trying for years to get pulled over, ticketed and get a chance to take his argument to court that corporations and people are not the same. His mission was accomplished in October when he was pulled over for driving alone in an HOV lane, ticketed and slapped with a $481 minimum fine.
It’s a common sense argument based in the reality that corporations are a legal fiction and not a real person. We’ve seen this argument in play here and in other media since the controversial – many if not most might say ridiculously bad – decision of Citizens United was rendered in 2010. But will it work in traffic court?
Submitted by: Mike Spindell. guest blogger
On New Year’s Eve my wife and I saw the movie “Les Miserables”. We’d seen the musical on Broadway and had been enchanted by it. The music from it is superb and this musical fully deserves all the acclaim it has received through the years. As much as I loved the stage version of “Le Mis”, the movie took all of the greatness of the stage and added something to the mix that lifted it into subversive social commentary. That is what I’m going to write about, but first for those who are unfamiliar with either the source book, or the musical adaptation, a very brief synopsis is needed to set the scene.
The story begins after the French Revolution and the defeat of Napoleon. The Royal Dynasty has been restored to power and the freedoms of the Revolution have been lost. The protagonist of this work is Jean Valjean. He was sentenced to twenty years of hard labor because of the ramifications of his stealing a loaf of bread for his starving sister. Imprisoned he is noticed by one of his Jailers, Javert, who notes Valjean for his almost super-human feats of strength. Valjean is paroled after serving his time and subsequently breaks parole. He is chased by Javert for the rest of the tale. The plot of the 1,900 page (in French) novel is summarized in detail at this link: http://en.wikipedia.org/wiki/Les_Mis%C3%A9rables Details of the play and the movie are available here: http://www.lesmis.com/.
The ingredient added to the movie, which couldn’t have been done on stage were scenes depicting the abject poverty of the common people and the poor. With the visual nature of film and what will probably be Academy Award makeup, costuming and art direction, you can see a recreation of the life of the French lower classes in the 18th Century. These descriptions run true to the original novel which was so rich with detail. The book “Les Miserables” was intentionally revolutionary for its time as best summed up by the author Victor Hugo in the preface to the novel:
“So long as there shall exist, by reason of law and custom, a social condemnation, which, in the face of civilization, artificially creates hells on earth, and complicates a destiny that is divine, with human fatality; so long as the three problems of the age—the degradation of man by poverty, the ruin of women by starvation, and the dwarfing of childhood by physical and spiritual night—are not solved; so long as, in certain regions, social asphyxia shall be possible; in other words, and from a yet more extended point of view, so long as ignorance and misery remain on earth, books like this cannot be useless.”
Hugo’s eloquence above and its implications for our current time is the subject that I want to discuss. Continue reading ““Les Miserables” and the Shape of Things to Come”
As reported in the media, we resumed hearings this week in the the World Bank case (Chang v. United States) with testimony from the top lawyer at the Metropolitan Police Department, Terry Ryan, as well as other officers.
Respectfully submitted by Lawrence E. Rafferty (rafflaw)-Guest Blogger
If you are like me, you remember the violent response by the FBI, DHS and local police forces to the many “Occupy” movement protests last Fall. In those protests, the police used incredible force and firepower to break up peaceful protests and make a mockery of the First Amendment. The police responses always seemed to be coordinated from city to city and there were allegations that the FBI and other governmental agencies were aiding the local authorities in stamping down the First Amendment rights of the Occupy protestors. Now, a treasure trove of documents was released pursuant to a Freedom of Information request by a group called The Partnership for Civil Justice Fund. Those documents expose a level of governmental intrusion into the privacy of protestors and governmental and private bank partnerships designed to crack down on legal protestors. Continue reading “Who Occupied the Occupy Movement?”
-Submitted by David Drumm (Nal), Guest Blogger
Poly Prep Country Day School (known familiarly as “Poly Prep”) is an elite K-12 private school located in Brooklyn, New York. In 1966, Poly Prep hired Phil Foglietta as a phy-ed teacher and coach of its woeful football team. The complaint, filed with the U. S. District Court Eastern District of New York, alleges that Foglietta sexual abused of dozens if not hundreds of boys.
Best wishes to everyone celebrating Christmas and Hanukkah. Continue reading “Merry Christmas!!!”