Category: Courts

Congress, Constitutional Law, Courts, Justice, Lawyering, Politics, Society, Supreme Court, Things That Tick Me Off

Shame on Yoo

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” →

Academia, Congress, Constitutional Law, Courts, Criminal law, Free Speech, Justice, Lawyering, Media, Politics, Society, Supreme Court

What The %#@!$*

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?

Constitutional Law, Courts, Lawyering, Politics

California Judge Slams Prosecutors For Allegedly Striking Potential Juror Due To His Sexual Orientation

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?

Continue reading “California Judge Slams Prosecutors For Allegedly Striking Potential Juror Due To His Sexual Orientation” →

Constitutional Law, Courts, Politics, Religion, Society

Fighting Sioux Cannot Sue: Federal Court Throws Out Tribe’s Challenge Of NCAA Rule

We previously discussed the controversy over the University of North Dakota’s Fighting Sioux nickname. The NCAA has banned the use of such tribal names and members of the Spirit Lake Sioux tribe and Standing Rock Sioux sued to try to restore the use of the name — something they find not insulting but complimentary to their tribe. I have been critical of the NCAA rule. A federal court has now thrown out the lawsuit over the use of the team’s name over standing.

Continue reading “Fighting Sioux Cannot Sue: Federal Court Throws Out Tribe’s Challenge Of NCAA Rule” →

Academia, Congress, Courts, Environment, Free Speech, Media, Politics, Science, Society

PBS: Why I Watch, But Don’t Contribute

Submitted by: Mike Spindell, guest blogger

On September 16, 1962 Edward R. Murrow, who was the greatest TV Journalist and a particular hero of mine http://www.museum.tv/eotvsection.php?entrycode=murrowedwar, premiered the opening of Public Television on Channel 13 in New York City. You can watch that very short broadcast in this link so you can understand the mission of this station at its beginnings: http://www.youtube.com/watch?v=-gr-QxU1Sz0

At the age of 17, I watched Mr. Murrow enthralled as he laid out the defined purpose of this station, which was to provide educational, non-commercial television, that would innovate new programming to educate/inform and amuse its’ listeners. This opening occurred two weeks after the death of my mother. My father (who would die a year later) and I watched this show together, bonded by the sorrow we shared and by the fact that Ed Murrow had been someone whose news shows we three had watched together for a decade. Given that he was a ninth grade dropout, my father was a man of intellectual depth who read Camus, Sartre and was a devotee of avante garde cinema. He passed his tastes on to me. So for us, this was a momentous event, given the inanity that characterized much of commercial TV with its’ intellectual paucity. This beginning initiated an emotional link with me to the concept of public TV that has lasted ever since.

In the years that followed Channel 13 would become an anchoring member of the Public Broadcasting System. I was a dedicated viewer and modest financial contributor via yearly membership. I could go into a litany of the presentations that informed me, moved me and entertained me through the years, but that is not my purpose here. Somewhere along the way from the beginning of non-commercial television until today, I became skeptical about contributing to it, while still availing myself of it’s’ services. I write about why this skepticism developed and why it remains. Continue reading “PBS: Why I Watch, But Don’t Contribute” →

Constitutional Law, Courts, Criminal law, Politics, Society

Supreme Court Hears Oral Arguments Over Arizona Immigration Law

The Supreme Court is hearing oral arguments today in the immigration case of Arizona v. United States. I published a column in USA Today yesterday on the case. I discussed the case yesterday on NPR’s Diane Rehm Show and will be updating this blog with developments and I will be on NPR’s Here and Now to discuss the case at noon. Continue reading “Supreme Court Hears Oral Arguments Over Arizona Immigration Law” →

Bizarre, Courts, Lawyering

No Shirt, No Shame: Detroit Judge Under Investigation After Sending Near Naked Picture To Female Bailiff

Detroit’s Third Circuit Judge Wade McCree is at the center of a Weiner-like controversy after sending a nearly naked picture of himself to his bailiff. It certainly produced a passionate response . . . from her husband who has filed a judicial complaint. McCree however appears unapologetic and notes that he did not send the photo to any other married woman — a curious claim of mitigation. When confronted over the photo, McGree responded “I’ve got no shame in my game.”
Continue reading “No Shirt, No Shame: Detroit Judge Under Investigation After Sending Near Naked Picture To Female Bailiff” →

Columns, Congress, Constitutional Law, Courts, Criminal law, Lawyering, Media, Politics, Society, Supreme Court

Nothing Succeeds So Much As Failure: Obama Could Use A Loss In The Immigration Case

Below is today’s column in the USA Today on the arguments this week in the immigration case, Arizona v. United States. (Docket No., 11-182). At issue is Arizona’s Support Our Law Enforcement and Safe Neighborhoods Act (S.B. 1070) directing state law-enforcement officers to cooperate and communicate with federal officials regarding the enforcement of federal immigration law. Beyond the difficult constitutional and statutory questions in the case, there is another element to the case that could come within months of the 12th anniversary of Bush v. Gore

Continue reading “Nothing Succeeds So Much As Failure: Obama Could Use A Loss In The Immigration Case” →

Courts, Society

Illinois Judge Under Fire After Being Tied To Attempts To Access 243 Porn Sites

Associate Judge Joseph Polito is under fire this week after a FOIA request from the media revealed that someone using his computer login and password tried to access 243 hardcore sites as hugeheavybreasts.com, and portofdebauchery.com. Since this was a county computer, the matter has now been referred by Chief Judge Gerald R. Kinney for investigation with the Illinois Judicial Inquiry Board.

Continue reading “Illinois Judge Under Fire After Being Tied To Attempts To Access 243 Porn Sites” →

Constitutional Law, Courts, Criminal law, Justice, Lawyering, Politics, Society, Supreme Court

Don’t Mess with Texas’ Executions

Respectfully Submitted by Lawrence Rafferty (rafflaw)-Guest Blogger

As an Illinois resident I was heartened by the fact that a former governor took the politically dangerous action to halt all executions and recently the current Governor of Illinois signed a bill to  end the death penalty in Illinois.   Tribune   With that background, I was saddened to read that since 1976, more than 1/3rd of all executions that took place in our country happened in Texas. Since 1976, Texas has executed 481 people.  Truth Progress  Why does Texas continue to execute people when many experts assert that the death penalty is not a deterrent to violent crime?   Continue reading “Don’t Mess with Texas’ Executions” →

Columns, Constitutional Law, Courts, Criminal law, Free Speech, Justice, Lawyering, Media, Politics, Society, Supreme Court, Testimony

Zimmerman: Media Circuses Make for Bad Justice

Submitted by: Mike Spindell, Guest Blogger

At this point, to be honest, all of the back and forth regarding “evidence” in the Zimmerman Case that has occurred here over a number of threads has been mere speculation that misses the salient issues raised by this case. The real (admissible) evidence will be presented at the trial and a hopefully an unbiased jury will make its decisions. The issues that we need to discuss from my perspective are:

1. Did the Sanford Police make a mistake in releasing Zimmerman rather quickly and allowing him to retain his gun, which was potential evidence?

2. Was there undue outside influence used upon the police to end their investigation quickly?

 3. Is there a degree of probability that in many Stand Your Ground venues, had the victim been white and the protagonist of color, that the protagonist would have been immediately arrested?

4. What are the purposes of a business oriented lobbying group, like ALEC, in getting “Stand Your Ground” Laws passed?

5. Is this once again an instance where a media circus has poisoned the ability to have a fair trial? Continue reading “Zimmerman: Media Circuses Make for Bad Justice” →

Bizarre, Constitutional Law, Courts, Lawyering

Dicta or Diatribe? Appellate Judge Writes Opinion Denouncing Limits on “Cowboy Capitalism”

D.C. Circuit Judge Janice Rogers Brown has long been controversial since her nomination was opposed by many for what were viewed as extreme view as a member of the California Supreme Court. She was finally confirmed in a deal in the Senate that many denounced as a surrender by Democrats. Now Brown has used an opinion to denounce “powerful groups” and courts for limiting “Cowboy capitalism” that she says has been “disarmed” in America.

Continue reading “Dicta or Diatribe? Appellate Judge Writes Opinion Denouncing Limits on “Cowboy Capitalism”” →

Courts, Criminal law, Politics, Society

Zimmerman Charged With Murder But Can The State Make The Case For Second Degree Murder?

The second degree murder charge of George Zimmerman has received widespread approval. I am in Fort Worth to speak to the Fort Worth Lecture Foundation this afternoon. However, I am receiving a lot of calls on the basis for the charge. I must confess that I am not optimistic on the chances of a conviction unless the special prosecutor has undisclosed evidence to meet the high standard under the state law.  As I discussed on BBC last night, there are substantial challenges to make such a charge stick in this case.

Continue reading “Zimmerman Charged With Murder But Can The State Make The Case For Second Degree Murder?” →