Respectfully Submitted by Lawrence E. Rafferty (rafflaw)-Guest Blogger
You may recall an article that I wrote back in January discussing the Steubenville, Ohio rape case. It was a case where members of the town’s high school football team were charged with repeatedly raping and sexually assaulting an unconscious young girl and it also exposed the community support these alleged rapists had. In that case a local unit of the Hacktivist group, Anonymous, published tweets and pictures of the alleged rapists. One of the citations or links that I provided in the article has since been taken down and now the local Anonymous activist had his home raided by a FBI SWAT team and may be charged with hacking into the high school website and could face a potential 10 year sentence for the alleged crimes! You may ask what are the sentences that the now convicted rapists are facing? Since they were minors at the time of the alleged serial rape, they are facing 2 year sentences. Continue reading “What Is a Worse Crime, Rape or Publishing Evidence of the Rape?”→
Submitted by Charlton Stanley (Otteray Scribe) guest blogger
This has not gotten much national press….yet. I had been hearing of these events through the aviation grapevine, but did not know for sure it was actually happening until the story of Gabriel Silverstein broke on the AOPA (Aircraft Owners and Pilots Association) news web page. Mr. Silverstein is a New Jersey businessperson who was returning from a business trip to California with his husband. He had filed a flight plan, and landed his Cirrus SR22, a small private aircraft, in Oklahoma for a fuel stop. At that time, he was subjected to a ramp check. By Federal Air Regulations, a ramp check is supposed to be done only by an FAA official. On a standard ramp check, the pilot has to produce documents showing the airplane is airworthy, is registered, and has the paperwork on board as required under Part 91 of the Federal Air Regulations. The pilot must show his or her pilot’s license and medical certificate. The Oklahoma ramp check was brief, and he went on his way. He had to stop for fuel again in Iowa City. Upon arrival, he went into the FBO (Fixed Base Operator) office to pay for his gas, take a break and file a new flight plan. When he returned to his plane, he found it surrounded by officers, being searched without his permission, and with no explanation. The officers said “Probable Cause” was the K-9 dog had “hit” on the baggage compartment. The officers ordered him to be quiet, and if he asked any more questions, he would spend the rest of the day in the back of a police cruiser in handcuffs.
CPB stock photo by Gerald L Nino CPB captions this as being at their Air and Marine Operations Center
One officer handed Mr. Silverstein a business card identifying him as being with the Department of Customs and Border Protection. Mr. Silverstein says the brown uniforms and shoulder patches he saw that day were identical to the one worn by the officer on the right in this stock CPB photo. On their web page, the CPB identifies this location as being at their Air and Marine Operations Center. I think we can safely assume this is not the main operations room, but only part of the operation.
Geography was not my favorite subject in school, but last time I looked, both Oklahoma and Iowa are a long way from any international border.
More Border Patrol and Homeland Security goodness over the jump, including a video interview with Mr. Silverstein.
There is a new bill passed by the New York State Senate that relates to many of the blogs and discussions we have had here through the years. This bill would make it a felony to “annoy” a police officer acting in the course of his duties. While I can understand that directly interfering with a police officer in the middle of his duties should not be done, we have seen through the years that the police broadly interpret what is “interference” to include what is obviously a person exercising their First Amendment rights, such as responding negatively to a police officers actions or videotaping them. I find this law another distressing example of how far we are going in the direction of a police state, since as we have seen in our many blogs and discussions here it will be abused time and again. I will have several links at the bottom to illustrate some of the issues dealing with purported “police interference on the Jonathan Turley Blog alone. Continue reading “Don’t “Annoy” Your Local Police Or Else”→
Attorney General Eric Holder recently told intelligence community lawyers that he wants them to continue the Administration’s crackdown on leakers and media sources despite calls for his termination and the controversy on the attack on the free press. The message is clear: there will be no quarter given those who disclose classified information. Well not everyone. This week it was revealed that former CIA Director Leon Panetta disclosed classified information to “Zero Dark Thirty” filmmaker Mark Boal. According to an inspector general report, the disclosure of the name of the Navy SEAL unit that carried out the Osama bin Laden raid and the unit’s ground commander at a 2011 ceremony. Some of the information was marked as “top secret.”
For those who believe that Attorney General Eric Holder is in any way repentant for the crackdown on journalists and whistleblowers, think again. If you recall, while Obama sacked the head of the IRS for its scandal, he only sent Holder to a confab with the media. After Holder insisted on the meeting being off the record, principled media organizations refused to attend. Holder proceeded to propose meaningless changes that actually would allow the very same investigation of reporters. Now, Holder has given a speech and his people made sure to leak it to the media. Holder told top lawyers in the Administration to continue their scorched earth campaign against leakers. This Administration has surpassed even Nixon in its pursuit of people who speak to the media and Holder wanted people to know that it will continue unabated.
There is an interesting tort case out of Miami where a New Jersey woman, Anna Burgese, is suing W Hotel (owned by Starwood) after a beat down by prostitutes outside of the hotel. Burgese says that the hotel is widely known as catering to a large prostitution business and failed to protect guests. Police believe that the prostitutes assumed that Burgese was a “working girl” intruding on their territory.
In a blow to civil liberties, the Supreme Court yesterday voted 5-4 to allow police to collect DNA from suspects arrested in serious crime cases. The decision by Justice Anthony Kennedy opens the door for the collection and retention of a massive DNA databank by the states and federal government. The decision produced a strange lineup with Justice Antonin Scalia writing a dissent (with Ginsburg, Sotomayor, and Kagan) and normally liberal Justice Stephen Breyer joining Kennedy, Thomas, Alito, and Roberts. It is a disastrous case for Breyer to lose his bearings. His switch denied the creation of a bright line rule protecting privacy and forestalling such a databank.
There are some obvious answers about the cause of the epidemic of rapes in India. There is the religious and culture treatment of woman in traditional areas. There is hostility of police to rape victims. However, the municipal council in Mumbai sees the cause elsewhere . . . lingerie mannequins. The council voted overwhelmingly to ban the ceramic vixens to prevent rape in the city.
The crackdown on free speech continued this week under President Mohammed Morsi (left) with a conviction of Ahmed Douma for insulting the leader. It is only one of a variety of cases against Egyptian journalists, bloggers, and others charged criminally for their criticism of Morsi and the imposition of authoritarian measures and Islamic laws in the country.
We have yet another story of a rape victim subjected to a demand for an honor killing in a traditional Muslim area. Kainat Soomro was gang-raped by four men at the age of 13. According to their religious and cultural traditions, her village classed her as a “Kari” or “black virgin” and ordered her killed. The family was attacked by the four men and other villagers and one of the sons was murdered after they refused to carry out the “honor” killing.
The Obama Administration has once again reaffirmed the new relativism controlling Washington in the nomination of James Comey as the next director of the Federal Bureau of Investigation, even as it struggles to put out the controversy over its attack on free press principles. Comey was a critical player in the abuse warrantless surveillance program of the Bush Administration and will now be put in charge of the people carrying out such surveillance. The Administration has been spinning the nomination by pointing out that it was Comey who opposed efforts of the Bush White House in a famous confrontation by the hospital bed of the Attorney General John Ashcroft. However, while that was admirable, Comey did what all officials in his position are duty bound to do (though few in the Bush Administration fulfilled that obligation). Comey however also was critical in other abuses of warrantless surveillance as well as the abusive treatment of Jose Padilla and Plamegate. He is no hero for civil libertarians by any measure. Continue reading “The One-Eyed Man In the Land Of The Blind: James Comey Set To Be Next FBI Director Despite Past Civil Liberties Controversies”→
The Obama Administration is currently struggling to deal with disclosure of its attack on the free press under Attorney General Eric Holder. Now, it’s U.S. attorney for the Eastern District of Tennessee, Bill Killian, suggesting an equally disturbing attack on free speech. Killian told a meeting with local Muslim citizens that he wants to “educate” people about how civil rights laws can be used against anti-Muslim speech. He made these comments along side of the FBI special agent in charge of the Knoxville office.
As previously discussed California’s infamous Knoller case involving a vicious dog attack and the sentencing of two lawyers for the death of a young woman coming home from a jog. Now, the owner of four pit bulls has been charged with the murder of a jogger with the use of DNA testing of the blood found on their snouts. Alex Johnson, 29, will stand trial in the death of Pamela Dewitt, 63, who was bitted 150 to 200 times by his pit bulls.
Respectfully submitted by Lawrence E. Rafferty (rafflaw)-Guest Blogger
Over the years we have heard the stories about Supreme Court justices coming under fire for attending political rallies and symposiums and for taking gifts from political organizations. Abe Fortas and his subsequent resignation from the Supreme Court is one instance that comes to mind. More recently, of course, Justice Clarence Thomas’ exploits come to mind. “Justice Clarence Thomas is an ethics problem in a black robe. Just eight months after ThinkProgress broke the story of Thomas’ attendance at a Koch-sponsored political fundraiser, we learn that Thomas doesn’t just do unethical favors for wealthy right-wing donors — they also do expensive favors for him.
Leading conservative donor Harlan Crow, whose company often litigates in federal court, provided $500,000 to allow Thomas’s wife to start a Tea Party group and he once gave Thomas a $19,000 Bible that belonged to Frederick Douglass. The American Enterprise Institute, a conservative think tank which frequently files briefs in Thomas’ Court, also gave Thomas a $15,000 gift.” Think Progress
What we may have missed in those earlier discussions is how important the lower courts and appeals court judges are in enforcing corporate or political legislation and policies. What would you say if corporations and partisan foundations or think tanks and oil companies were deeply involved in making sure the judges know who their real “friends” are? Continue reading “It’s All About the Judges”→
The idea for this guest blog came from Anonymously Yours, who has been around at Jonathan Turley’s Blog, for at least as long as I have. We have had an E Mail relationship, offline for many years. He sent me the link that I’ll be basically using and I think his judgment was on the money. The topic is George Washington’s Farewell Address, how prescient our First President was and how much good advice he gave that we should heed today, after the passage of 218 years.
Like every other American child what I learned about George Washington came from school and little else. When I started learning about him and the revolutionary war, it was common when speaking about him to call him “The Father of Our Country”. As the years passed this description has seemingly fallen out of consciousness and we usually only see him referenced wearing a white wig and a tri-corn hat on President’s Day selling cars. Certainly too, as my education progressed through High School and College, the view of Washington as one of our Founding Father’s was diminished as compared to his more glamorous and brilliant cohort among the Founding Fathers, Jefferson, Franklin and Madison. It is easy to see why this change came about. When you think of Washington, most would see the famous portrait I’ve used as a picture above. The portrait shows a prim-mouthed, rather dour man with a wig. History has given us certain personal details like his famous wooden false teeth. History has also supplied a childish, hagiographic mythology that he never told a lie and threw a coin across the Potomac. There is even some debate about his competence as a General. Indeed, the traitor Benedict Arnold is considered by many to be the best military mind on our side during the Revolution.
So when AY sent me his E Mail, I was at first skeptical about the project until I read the link. While in some sense I knew about his Farewell Address in the back of my mind, rereading it and the commentary on it caused me to rethink George Washington. As I see now he was a great man, in a true sense and he at least gave this country a good start. He also made a contribution regarding how he felt this country should comport itself that is relevant today, although certainly not heeded. Let’s explore Washington’s message and see what wisdom we can draw from it today, or should have drawn in the ensuing 218 years since it was written. Continue reading “The Father of Our Country”→
