Category: Courts

Senate Votes Overwhelmingly To Allow Indefinite Detention of Citizens

In one of the greatest attacks on civil liberties in this country’s history, Democratic and Republican Senators voted yesterday to approve a measure as part of the $662 billion defense bill that would allow for the military to hold both citizens and non-citizens indefinitely without trial — even those arrested on U.S. soil. In a welcomed change, President Obama has committed his Administration to fighting the measure as inimical to the rule of law. The measure was pushed by Carl Levin (D – Michigan) and John McCain (R – Arizona). While some members of Congress like Ron Paul (R., Texas) have denounced the bill, the measure passed at the same time that Administration lawyers publicly declared that the military and intelligence agencies alone should decide whether a citizen should be killed without a charge or hearing (including killing citizens on U.S. soil) — a position supported by President Obama who has ordered the killing of U.S. citizens under his claim of inherent authority.

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Turley Blog Selected As A Top 100 Legal Blog — Now We Need Your Vote!

The ABA Journal has released its list of the top 100 legal blogs in the world and we are once again in this august group of blogs. Congratulations to all of our regulars contributors and weekend bloggers. This blog’s success is due entirely to the consistently high level of commentary among our readers and, I believe, our commitment to civil and substantive (if at times passionate) dialogue on the legal and political issues of our day. We are again placed in the “opinion” category and facing two of the top five most popular blogs. You can vote at You can vote at this site by clicking on the “opinion” category and we need your vote. A quick registration is needed to prevent cheating in the competition.

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Florida Judge Combines Criminal Sentencing With Weight Loss Offer

Florida Judge Donna Miller is delighted by the results of a novel sentence that she handed down to a 345-pound man jailed for driving with a suspended license. Miller told George McCovery, 37, that she would reduce his time by a pound a day for weight loss. He lost 25 pounds in 20 days and received early release. Miller is one of the judges who has merged justice with the entertainment industry — replaying proceedings on the television show “Lake Courts.” I have previously written about the dangers of such “novel” sentencing in judges using their courtrooms for entertainment or self-aggrandizement. While some judges have been sanctioned for crossing the line in merging judicial with their entertainment careers, Miller appears to be flourishing in the practice.
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The Incarceration of Black Men in America

Submitted by: Mike Spindell, guest blogger

America has the world’s highest rate of incarceration, currently 738 per 100,000. Our nearest competitor for this dubious distinction is the Russian Federation with 607 and Cuba with 487. “The US incarcerates at a rate 4 to 7 times higher than other western nations such as the United Kingdom, France, Italy, and Germany and up to 32 times higher than nations with the lowest rates such as Nepal, Nigeria, and India.”

 http://www.nccd-crc.org/nccd/pubs/2006nov_factsheet_incarceration.pdf                                                                                                                                           Despite possible protestations that this is because we have the best law enforcement, my sense is that the reasons lie more in the system, than those who enforce it. No one ever lost an election in America because of the perception they “were tough on crime”.

“Race: Black males continue to be incarcerated at an extraordinary rate. Black males make up 35.4 percent of the jail and prison population — even though they make up less than 10 percent of the overall U.S population. Four percent of U.S. black males were in jail or prison last year, compared to 1.7 percent of Hispanic males and .7 percent of white males. In other words, black males were locked up at almost six times the rate of their white counterparts.”        http://www.nccd-crc.org/nccd/pubs/2006nov_factsheet_incarceration.pdf

Despite possible protestations that this is because we have the best law enforcement, my sense is that the reasons lie more in the system, than those who enforce it. No one ever lost an election in America because of the perception they “were tough on crime”. “Race: Black males continue to be incarcerated at an extraordinary rate. Black males make up 35.4 percent of the jail and prison population — even though they make up less than 10 percent of the overall U.S population. Four percent of U.S. black males were in jail or prison last year, compared to 1.7 percent of Hispanic males and .7 percent of white males. In other words, black males were locked up at almost six times the rate of their white counterparts.”      

http://www.laprogressive.com/law-and-the-justice-system/boiling-hot-mad/.html

These two sets of statistics when viewed together tell a terrible tale of how racial oppression still exists in this country despite our Black President and Black Attorney General. This Administration hasn’t caused of this problem, but they  don’t seem to have made any progress dealing with it. We do know that there has been a widespread effort to play down the racial division that continues to plague this country. This continues despite Civil Rights Laws, Martin Luther King’s Birthday and TV beer commercials that always include at least one black male friend enjoying the camaraderie. Clearly there is a disconnect between how we Americans want to see ourselves and the reality for many Black males. Continue reading “The Incarceration of Black Men in America”

Special Prosecutor: DOJ Attorneys Cannot Be Charged With Criminal Contempt Because They Were Not Ordered To Comply With Legal and Ethical Rules

The Justice Department is infamous for conducting long investigations of its own attorneys and finding no grounds for criminal charges as in the dubious investigation of attorneys involved in the torture program. Now, a special prosecutor has found that (surprise) there is no basis for criminal charges against Justice Department officials who concealed evidence in the prosecution of former U.S. Sen. Ted Stevens in open contempt of court. The reason is something only found plausible in the Justice Department’s review of its own conduct: U.S. District Judge Emmet Sullivan failed to order them not to conceal evidence and comply with ethical rules. I kid you not.
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Israel Shuts Down Liberal Radio Station For “Incitement” While Moving To Deter Other “Leftist” Media

The civil libertarian community in Israel is alarmed by the government’s decision to shutdown a radio station that has been outspoken in its opposition to the growing plans for war with Iran. The Israeli-Palestinian radio station called “All for Peace” was shutdown after demands from members of Prime Minister Benjamin Netanyahu’s conservative coalition.
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Trying High-Profile Cases: Today’s ABA Discussion

This afternoon, I will participating in a discussion of “Trying High-Profile Cases” with David Bois as part of the American Bar Association’s Annual Conference (CLE Premier Speaker Series Webinar). The conference also include federal judges Barbara M. G. Lynn
(Northern District of Texas) and Gene E. K. Pratter (Eastern District of Pennsylvania) and leading litigator Randall M. Kessler. It will start at 1:00 p.m. (ET).
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Let’s Kill All The Lawyers?

Submitted by Mike Spindell, Guest Blogger
Last week during a long road trip, I was listening to a CD from the band The Eagles. A song came on written by Don Henley and Glenn Frey the group’s songwriters and leaders. The song is called “Get Over It”. As the autumn beautiful Shenandoah Valley landscape was passing by, a line from the song jarred me from my motoring reverie and made me think of this blog. The line was:

“The more I think about it, Old Billy was right
Let’s kill all the lawyers, kill ’em tonight.”
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Chicago Journalism Professor: Chicago Police Department Detained Him and Deleted Video of Arrest

EXCLUSIVE. Loyola University Professor Ralph Braseth in Chicago has shared with me a complaint alleging another incident of police ordering a citizen to delete videotape of an arrest taken in public. I have previously written about this worrisome trend. The difference is that Braseth is a journalism professor. The complaint raises some extremely serious allegations of censuring a journalist and violating core constitutional rights. If true, it is a telling retort to the taunting remarks of Judge Richard Posner recently about the “snooping” of citizens on police.
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Should Kagan Recuse Herself From The Health Care Case?

We have previously discussed the question of recusals involving Justice Clarence Thomas and his violation of reporting rules on the Court. Now, a similar debate is likely to start over the participation of Justice Elena Kagan in any review of Patient Protection and Affordable Care Act. The loss of Kagan could be determinative in a close vote on the Court, but that is always the danger in selecting your Solicitor General as a nominee. While Kagan used the announcement of cases on Monday to recuse herself for other cases, she notably did not include the Florida case.
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Conservative Take on Obamacare

Respectfully submitted by Lawrence Rafferty(rafflaw)-Guest Blogger

Ever since the legal challenges to the Affordable Care Act, or as it is better known, Obamacare began, the pundits have kept a scoreboard on which courts have approved of the individual mandate to buy insurance, and which courts have disapproved of the constitutionality of the mandate.  The latest Appellate Court to come down with its decision was the Court of Appeals for the District of Columbia.  It may not surprise anyone that the court came down in favor of the legislation approving the individual mandate, but it may surprise you just who comprised that appellate panel. Continue reading “Conservative Take on Obamacare”

How Much Privacy Do You Expect? The Death of Privacy In America

Below is my column today in The Washington Post. The article explores the famed Katz test and whether, in trying to save privacy in America, the Supreme Court may have laid the seeds for its destruction. The test ties our privacy protections to our privacy expectations. Thus, as our expectations falls, warrantless surveillance rises — causing our expectations again fall and in turn allowing warrantless surveillance to rise further. It becomes a face to the bottom of privacy. The terrible truth is that the death of privacy in America will not be accompanied by thunderous applause, but a collective yawn from an indifferent people. Here is the column.
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The Right of Citizens To Videotape Police

Below is my column today in The Los Angeles Times where I discuss the continuing trend of arrests of citizens videotaping police. We have followed many more cases but a couple are mentioned in the column. What is most disturbing is that prosecutors and police are continuing to fight court rulings upholding the right of citizens to videotape police.

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Federal Judge Grants Injunction of New Tobacco Labels

We have previously discussed the new labeling rules for cigarette packages and I have not hidden my criticism of the graphic images from both a legal and policy perspective. This afternoon, U.S. District Judge Richard Leon handed down a major decision granting an injunction of the rules — a move based on his belief that the cigarette makers are likely to succeed in blocking the new packaging rules.

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