As some of you know, today was the day on which both sides in the Sister Wives case were to file cross motions for summary judgment to establish whether the state’s criminalization of cohabitation is constitutional. This evening we have filed a roughly 80 page motion and brief challenging the anti-bigamy law on seven distinct constitutional and statutory grounds. Rather than file a summary judgment motion arguing the merits of constitutionality of the state law, however, the prosecutors have filed a declaration with the Court that they promise not to prosecute the Brown family for polygamy and have decided to end the investigation that has been ongoing for years. They further state that, in light of this lawsuit, they have adopted a new policy not to prosecute any plural family absent the commission of a collateral crime like child abuse. They are asking United States District Court Judge Clark Waddoups to dismiss the case in light of their concession and promise not to prosecute.
Category: Courts
The U.S. Justice Department again showed how its protects its own in scandals involving government lawyers. The DOJ has long been notorious in refusing to seriously punish its own lawyers for wrongdoing while pushing the legal envelope on criminal charges against others. The slightest discrepancy in testimony or omission in reporting can bring a criminal charge from the DOJ. The DOJ is particularly keen in finding intentional violations or substitute for intent in federal rules — bending laws to the breaking point to secure indictments. However, when its attorneys are accused of facilitating torture or lying to the court or withholding evidence, the general response is a long investigation and then a slap on the wrist. This week is no exception. Waiting until late Thursday to inform Congress to guarantee a low media coverage, the DOJ announced that it had found no intentional violations by its attorneys in the failed prosecution of U.S. Senator Ted Stevens — despite the contrary finding made by an independent investigation. Instead, the investigation again offered rhetorical punishment as a substitute for true punishment — declaring that the attorneys were only guilty of “reckless professional misconduct.” As a result, Joseph Bottini will be suspended for only 40 days and James Goeke will be suspended for 15 days. Even that level of punishment is viewed as noteworthy for the DOJ given its prior history of whitewashing misconduct by its attorneys. Even the finding of misconduct and brief suspension was contested within the department by Terrence Berg, a lawyer with the department’s Professional Misconduct Review Unit.
Respectfully submitted by Lawrence Rafferty (rafflaw)- Guest Blogger
It was just a small news item on the blog site, but it had a big impact on me. It was reported that two female soldiers have filed suit against the Defense Department in an attempt to force the military to allow women soldiers to fight on the front lines along with men. They are alleging that women soldiers are being denied their Equal Protection rights under the Fifth Amendment by the military holding them back from fighting on the front lines in all military jobs. Continue reading “Front Line Ladies”
The United States has long been criticized for disregarding the sovereign rights of Pakistan and other countries in launching drone attacks and military operations. Now, Pakistan has responded with a reported lengthy sentencing of the Pakistani doctor, Shakil Afridi, who helped track down Osama Bin Laden as guilty of “high treason.”
The Obama Administration is facing another challenge to the national health care law. With over half of the states opposing the law in the federal courts, including the pending case before the Supreme Court, the University of Notre Dame, the Archdiocese of New York and 41 other Roman Catholic institutions have sued over the requirement that employers cover contraception in workers’ health plans.
We have been following the outrageously abusive fines being imposed on citizens for downloading and sharing songs — obscenely large fines allowed by Congress under laws written by lobbyists for the music and movie industries. Law firms have been targeting even people who try to inform citizens of their rights. Now, in one of the most abusive cases involving a former Boston university student, the Supreme Court has refused to review a $675,000 fine against Joel Tenenbaum, 28, for downloading and sharing 30 songs. Despite the general condemnation of these actions, Congress is cowed by pressure from the industry lobby. The most abusive litigation is directed by the Recording Industry Association of America.
Richard Celler of Morgan & Morgan has a rather unique approach to depositions. Celler was removed from a case by U.S. District Judge Cecilia Altonaga after scheduling depositions at a Dunkin’ Donut shop, appearing in shorts and teeshirts, drawing pictures of male genitalia to mock opposing counsel, and playing video games like Angry Birds during depositions. This case in Miami shows another recent case of a lawyer in Texas who was charged with sanctionable conduct for a bizarre series of emails to opposing counsel concerning the scheduling of depositions. I thought I had been in some heated depositions in my career, but I now feel like a mere piker practicioner.
By Mark Esposito, Guest Blogger
Desmond Hatchett is petitioning the court for entry of an order reducing his child support. In tough economic times that is not uncommon. What is uncommon is that Hatchett has fathered 30 children by 11 different women. The children range in age from toddlers to 14-years-old. Hatchett earns minimum wage and half of his check is apportioned among the children. That means some mothers receive as little as $1.49 per month for one child. The prolific father has previously appeared in court in 2009 to answer charges of failing to pay any support. Then he had 21 children and promised to stop procreating. Hatchett explains the current situation this way, ” [W]ell you know what we mean, I had four kids in the same year. Twice.”
Judge Gustin Reichbach of Brooklyn has written an extraordinary op-ed in the New York Times where he admits to breaking the law by using marijuana to relieve his suffering from Stage 3 pancreatic cancer. New York does not allow such use of marijuana and the Obama Administration has been cracking down with raids and arrests over the use of medical marijuana. Reichbach details how, with cancer treatment, “Nausea and pain are constant companions. ” As a result, “I did not foresee that after having dedicated myself for 40 years to a life of the law, including more than two decades as a New York State judge, my quest for ameliorative and palliative care would lead me to marijuana.” But his admits that he came to rely on the drug and has added his voice to thousands who defend the use of medical marijuana. He is a justice of the State Supreme Court in Brooklyn.
Continue reading “New York Judge Admits To Using Medical Marijuana To Relieve Pain From Cancer”
by Gene Howington, Guest Blogger
In these days of ever eroding civil rights, it is important to recognize those in Congress willing to stand up for your rights. This is especially true given the ever increasing domestic surveillance of citizens without warrant by government agencies in cooperation with the telecommunications industry; a clear abuse of citizen’s 4th Amendment rights “to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” Love him or loathe him, this week the Congressman willing to fight the good fight for your rights is Senator Al Franken (D-Minn.).
By Mark Esposito, Guest Blogger
Angela Corey has become a minor legal celebrity for her tough-minded prosecution of the Trayvon Martin murder case. Her toughness has also drawn the ire of U.S. House member Corrine Brown in a racially charged case in Jacksonville. The case involves Marissa Alexander who was charged under Florida’s “10-20-life” law which mandates progressively tough penalties for violent felonies when firearms are involved.
Respectfully submitted by Lawrence Rafferty (rafflaw)-Guest Blogger
We haven’t heard his name for quite some time now, but former Bush-era Office of Legal Counsel attorney, John Yoo is in the news again. The United States 9th Circuit Court of Appeals threw out an appeal by convicted terrorist, Jose Padilla attempting to hold Yoo liable for the torture used on Padilla while in U.S. detention centers.
Believe it or not, the Justices stated that the law on what constituted torture was not clear when Padilla endured the Bush Enhanced Interrogation methods. “A three-judge panel of the court said laws governing combatants and the definition of torture were unclear during the years policies were crafted. Padilla alleged he was subjected to death threats, given psychotropic drugs, shackled and manacled for hours at a time, denied contact with family or a lawyer for 21 months and refused medical care for potentially life-threatening conditions. “That such treatment was torture was not clearly established in 2001-03,” Judge Raymond C. Fisher, a Clinton appointee, wrote for the court.” LA Times Continue reading “Shame on Yoo”
Submitted by: Mike Spindell, guest blogger
The following link was sent to me by Otteray Scribe, who is among the most erudite and respected people among those who frequently comment on this blog. He is an extremely well educated man, with masterful writing ability and a creatively active mind. The title of his E mail to me and the other guest bloggers was WTF? and this is what he wrote:
“This is beyond strange. Horace Boothroyd III is disabled and apparently has nothing to do but sit at his computer. He monitors everything going on regarding OWS and police misconduct. I won’t try to describe this, but it is more than passing strange. Might be worth following up.”
http://www.dailykos.com/story/2012/05/03/1088516/-Occupy-Minnesota-WTF-Cops-picking-up-sober-Occupiers-and-Drugging-them-for-Training-
When someone who I like and respect as much as I do Otteray Scribe, is at a loss for words to describe something, I take notice. When I clicked the link and read this story from Daily Kos, my own reaction mirrored his: WTF? It took me more than twelve hours to respond to his E mail because I needed to let it gestate in my own mind and figure out just what to write about.
Rather than me regurgitating the story I think it is an important one for the readers to view for themselves and present their own take on the why, wherefore and implications inherent in the story.
While allowing you make your own judgments, let me give my bottom line opinion on all of the issues and questions the story raises and let’s see what you the reader makes of it on your own. I believe that the actions detailed in this story are indicative of our beloved America fast moving towards becoming a police state, in the same manner that the USSR, its successor Russia and China are police states. That is that all protest against the status quo is to be repressed. The police/security/intelligence/military forces are not only to act as agents of this repression, in many instances on their own volition without sanction, but also are taking part in the use of counter-insurgency techniques towards those elements within the society deemed dangerous to the status quo. In the minds of those in power openly and behind the scenes the question of what is threatening to the country is in most instances a self-serving rationale for what is politically/economically threatening to them. We must ask ourselves are we to be mere observers meekly silent for fear of our own security, or will we act openly to oppose the destruction of the Constitution of the United States and with it our rights and freedoms?
Kuwait’s parliament has passed the latest law limiting speech in the name of religion. The bill makes it a death penalty offense to curse God or the Prophet Muhammad or his wives.
Continue reading “Kuwait Passes Law Making Cursing of Muhammad A Death Penalty Offense”
Superior Court Judge Joan Weber slammed prosecutors in San Diego on Tuesday for allegedly striking a potential juror from a trial because he is gay. However, prosecutors insist that the juror was struck because he admitted to previously protesting in favor of gay rights in a case involving gay protesters. Weber called the San Diego City Attorney’s Office move to block the juror as “shocking,” but if the prosecutors are telling the truth, is it so unreasonable to bar such an individual from a jury based on past similar conduct?