Category: Criminal law

Congress, Criminal law, Free Speech, International, Justice, Media, Politics, Society

Did Edward Snowden Receive Help From A Foreign Government or is The U.S. Government Alleging He Did To Discredit Him?

By Darren Smith, Weekend Blogger

Congressional SealRecently, several high ranking members of the U.S. Congress have made public statements voicing proffering NSA Whistleblower Edward Snowden might have had assistance from a foreign power, namely Russia. The announcements have been contemporaneous with President Obama’s speech about the NSA and reforms he proposes. While it has not been proven decisively if Edward has or has not one has to wonder what the intentions of such announcements by Congress are and if these announcements are consistent with others who have been alleged to be acting at the behest of foreign powers and if this is more propaganda than standard counter-intelligence practices.
Continue reading “Did Edward Snowden Receive Help From A Foreign Government or is The U.S. Government Alleging He Did To Discredit Him?” →

Congress, Courts, Criminal law, Free Speech, Justice, Lawyering, Media, Politics, Uncategorized

War on the Poor

220px-DorotheaLangeMigrantWorkersChildren

By Lawrence E. Rafferty, (rafflaw) Weekend Blogger

We have all heard of the so-called War on Drugs and the recently maligned War on Poverty, but I submit that the real war we should be worried about is the War on the Poor of this country.  The War on Drugs has not done much to stop the use of illegal drugs and the recent legalization of the sale of marijuana in Colorado may be a small step in the direction of ending the War on Drugs which has only succeeded in jailing thousands on minor drug offenses.  The African-American community has been especially hard hit by this failed attempt to end the use of illegal substances.

However, the War on the Poor is in full swing and seems to be succeeding.  One only has to look at the Farm Bill which is set to cut the SNAP program by anywhere between the $4 Billion in the Senate version and the $40 Billion in the House version.  At a time when this same Congress is refusing to extend unemployment compensation, they are attempting a monumental double whammy by cutting the ability of the needy to survive by cutting Food Stamps.  Continue reading “War on the Poor” →

Academia, Animals, Bizarre, Congress, Constitutional Law, Courts, Criminal law, Environment, Free Speech, International, Justice, Lawyering, Media, Military, Politics, Religion, Science, Society, Supreme Court, Torts

In Memory Of David Blair Drumm, 1948-2013

Last available picture of David from 2012
Last available picture of David from 2012
It is with the greatest personal sadness that I have to report the death of a cherished member of our blog family. David Blair Drumm passed away on December 18, 2013 in Austin, Texas. David was there at the very beginning of this blog and remained one of its staunchest supporters. Through the years, David was a rock who not only brought reasoned and calm analysis to posts but also to the management of the blog. He started as a regular commentator under the name “Nal” and I then invited him to write on the weekends. He played the role of editor as well as writer. (Indeed, I am worried about this memorial since David often caught the many typos that I would leave in early morning postings). I came to trust him absolutely in his judgment and analysis. I considered him a good friend and one of the most important influences on this blog. David wrote as a Weekend Blogger for years, sharing his insights into religion, politics, and his always popular “Find the Kitteh” contest. Our success is due in no small part to David Drumm and this blog, I hope, will remain a testament to his work and his memory. To that end, we are dedicating the entire blog today to David and his work. He was a brilliant electrical engineer, a profound writer, a passionate civil libertarian, and most importantly a fierce and loyal friend to our blogging community. Continue reading “In Memory Of David Blair Drumm, 1948-2013” →

Constitutional Law, Criminal law

Oklahoma Highway Police Accused Of Beating Elderly Deaf Man For Failing To Respond To Oral Commands

pearlpearson_KFORPolice in Oklahoma highway police are facing questions this week after beating an elderly deaf Oklahoma man, Pearl Pearson, 64, after he allegedly refused to comply with their orders during a routine traffic stop.

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Criminal law, Politics, Religion

A New Year’s Resolution? Iran Executes 40 People Since The First Of The Year

330px-The_Hanging_by_Jacques_CallotIran has been on a killing spree of late. According to the Iran Human Rights Documentation Center (IHRDC) and Amnesty International have reported Iranian has executed some 40 people, including 19 in one day. Having executed 529 people in 2013, Iran seems on course to another banner year of Sharia excess.

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Constitutional Law, Criminal law, International, Politics, Religion, Society

Afghan Atheist Granted Asylum Rather Than Return To Afghanistan Due To The Denial of Basic Rights and Protections

158px-flag_of_afghanistansvgThere is an important ruling in England where an Afghan man is believed to have become the first atheist to be granted asylum based on his rejection of religion. The 23-year-old had good reason to fear that if he returned to Afghanistan, he would be persecuted. While the United States has poured hundreds of billions of dollars into the country, the government continues to reject the most basic civil liberties as well as the separation of mosque and state. The punishment is particularly likely for Muslims who reject their faith. They are considered blasphemers and apostates. What is interesting is that we continue to support Afghanistan when the abuses of that government are now viewed as a basis for asylum in England. We now have the ignobility of one ally (England) trying to protect innocent people from another ally (Afghanistan). More importantly, we still have people putting themselves at risk for a government that denies the very rights that define us as Americans in favor of a rigid religious orthodoxy.

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Criminal law, Society, Torts

New Mexico Town and County Settle Notorious Cavity Search Case For $1.8 Million

UnknownDeming_NM_sealWe previously discussed the horrific case out of New Mexico involving David Eckert. You may recall that Eckert filed a federal case against  the Hidalgo County Sheriff’s Office, police officers with the City of Deming and medical professionals at the Gila Regional Medical Center. Eckert was stopped on a minor traffic violation and accused by an officer of holding his buttocks.  What followed was a nightmare where officers and doctors subjected Eckert to outrageous abuse as they searched for drugs or contraband in his body. Before the police released him after finding no drugs, he would endure five manual penetrations; three forced defecations before witnesses; and an intrusive surgery under sedation. All of this was done without consent and without any basis other than an officer saying he looked like he was clenching his buttocks. Now he has reached a settlement with the city of Demin and the Hidalgo County for $1.6 million. He is still proceeding against the doctors and hospital.

Continue reading “New Mexico Town and County Settle Notorious Cavity Search Case For $1.8 Million” →

Academia, Criminal law, International, Science, Uncategorized

The Id and the Ashes: Thieves Attempt To Steal The Ashes Of Sigmund Freud

170px-Freud's_ashes_in_Golder's_Green_Columbarium200px-Sigmund_Freud_LIFEThis is going to take a lot of time on the couch for certain thieves in London. The men attempted to steal of 4th Century BC Greek urn holding the ashes of the founder of psychoanalysis and his wife at a crematorium in London. In the process, they severely damaged a 2,400-year-old urn.

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Constitutional Law, Criminal law, Society

Virginia Legislators Introduce New Anti-Sodomy Law

562832_336467456411546_1508062389_aVirginia state Sen. Thomas Garrett Jr. has introduced an anti-sodomy law to replace a prior law that was struck down in 2013 that targets sex with individuals below the age of 18. This new and improved morality law could criminalize an array of different forms of consensual relations, including oral sex. I recently wrote a column on the welcomed demise of morality codes in the United States.

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Criminal law, Society

Elderly Man Arrested At Florida Walmart After Confrontation Over Two Items Above The Express Line Limit

williamgollawayIn Florida, two elderly men got into an argument that led to an arrest over two items at an express lane. When John Malherbe, 67, drove his motorized shopping cart into the express 20 or under lane at Walmart (yes, it appears that the “express” lane has 20 items at Walmart), he found himself being monitored by William Golladay, 77, behind him in the line. Golladay counted each of Malherbe and discovered, heavens to Betsy, that Malherbe had two whole items over the limit. That’s right, 22 items in the 20 item line. Golladay then lost it and things went from bad to worst. He is now facing an interesting felony charge.

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Criminal law, Torts

LAPD Officers Accused Of Handcuffing Woman, Assaulting Her, And Tossing Her From Moving Car

nguyen11n-2-webnguyen11n-1-webThere is an ongoing controversy in Los Angeles where pharmacist Kim Nguyen, 27, has charged that she was picked up for no reason by police, handcuffed, sexually assaulted, and then thrown out of a moving police car. A video shows the scene as Nguyen is left bleeding on the road.

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Constitutional Law, Courts, Criminal law, Politics, Society

Pay To Play: Seventh Circuit Upholds $30 Booking Fee For All Arrests — Regardless Of Later Acquittal

200px-disneyqueenheartsWoodridge, Illinois, outside of Chicago, has a curious way of meting out justice. You may have a presumption of innocence under the Constitution, but if police arrest you, you still have to pay for the pleasure of the arrest. Starting this year, anyone arrested in a Chicago suburb must pay a $30 booking fee . . . even if they are found innocent.

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Bizarre, Criminal law, Lawyering

The Meat of the Matter: Minnesota Lawyer Under Fire For Comments Regarding Client’s Killing and Cooking Of Pet Cat

1389213184000-Cody-Mann-mug-cooked-catIf a criminal defense lawyer is supposed to take heat of a client, Cody Mann (left), 28, has found the right attorney in Jenny Chaplinski. Chaplinski is under fire for comments that she made regarding her client’s torture, killing, and cooking of his pet cat. Chaplinski dismissed the outrage over the crime as involving just “meat.” Cat meat to be sure but “it’s meat.”

Continue reading “The Meat of the Matter: Minnesota Lawyer Under Fire For Comments Regarding Client’s Killing and Cooking Of Pet Cat” →