Category: Criminal law

The Alberto Gonzales Defense: Judge Bybee Reportedly Denies That He Wrote Infamous Memo

180px-bybee1225px-alberto_gonzales_-_official_doj_photographAccording to close friends, Judge Jay S. Bybee appears to have adopted the Alberto Gonzalez defense: he is now claiming that he did not write his infamous memo and only signed it. This is similar to the defense that Democrats allowed Gonzales to make on the first torture memo at his confirmation hearing for Attorney General, to wit, he did not read an important policy memo on the commission of a war crime, he just signed it. It is the empty suit defense: I really am not to blame when I sign orders or memos because I just sign things. Bybee has not spoken directly on this matter to the public, but there are now various friends saying that he would like to repudiate the memos and even denies writing the memos.
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Professor Sought As Suspect in Murder of Three People in Georgia

gzinkhanUniversity of Georgia Professor George Zinkhan is being sought by police in connection with the shooting deaths of three people at an off-campus murder scene. Zinkhan is a professor in the department of marketing and distribution at the Terry College of Business. His website entry lists him as the Coca-Cola Company Professor at the school. Zinkhan’s ex-wife is among the victims: Marie Bruce, 47; Tom Tanner, 40; and Ben Teague, 63. All were members of a theater group.

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Senior Police Officer Overheard on Police Radio Threatening Criminal Act Against Daughter-in-Law — Police Discipline Man Who Disclosed Recording

mvc003s_1Gloucester Massachusetts police have a curious way of dealing with potentially criminal threats. Lt. Michael O’Hanley accidentally broadcasted a threat toward his estranged daughter-in-law over the department radio. However, it was the person who disclosed the threat to the media was that disciplined. An internal affairs investigation also revealed that police Chief John Beaudette knew about O’Hanley’s hreat days earlier than he stated. Beaudette has announced his resignation and retirement. O’Hanley has also retired. Both men were close friends on the force.
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Pastor Pushia Confesses to Using Church Funds to Hire Hitman to Kill Blind, Disabled Man for Insurance Money

46495098-24163008There is double indemnity and then there is double depravity. Baltimore Pastor Kevin Jerome Pushia, 32, is accused in a shocking criminal conspiracy. He allegedly befriended a blind and disabled man, Lemuel Wallace, as part of his work with developmentally disabled people at his church, The Arc of Baltimore. He then allegedly used church funds to hire a hit man to kill him and collect on life insurance money. Police say that he has confessed to the conspiracy.
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White House: No Special Prosecutor on Torture

obama-and-gibbsIt is getting rather difficult to follow the line of logic at the White House on the torture investigation. For months, President Obama has been speaking about his intentions as to any investigation into the torture program. Then, this week, he suddenly declared that he should have no role in such decisions. Then the next day, White House spokesman Robert Gibbs declared that Obama did not want to see a special prosecutor. I discussed this statement last night on this segment of Hardball. In the meantime, it appears that new pictures of detainee will be released — though obviously not the videos of torture that were destroyed by CIA officials to prevent their being used against themselves.
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Jordan’s King Abdullah: Evidence of Torture By United States Is Obvious

210px-king_abdullah_-_world_economic_forum_on_the_middle_east_dead_sea_jordan_2007Jordan’s King Abdullah II joined the ever-lengthening list of people saying that the United States tortured detainees in an interview to air on NBC Meet the Press. He joins a long list of Bush officials, the International Red Cross, countless NGOs and experts who have come forward in the last few weeks. I discussed this evidence last night on this segment of Hardball.

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Report: Condoleeza Rice and John Ashcroft Approved of Torture Program

225px-condoleezza_rice_cropped225px-john_ashcroftA Senate Intelligence Report shows that Condoleeza Rice, then national security adviser, approved of the torture program as early as 2002. One week later, Attorney General John Ashcroft signed off the the legality of the torture by finding that the “proposed interrogation techniques were lawful.” It was also revealed that torture was used on Abd al-Rahim al-Nashiri, the first person charged in the United States in the 2000 attack on the destroyer USS Cole in Yemen.
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Rotten Apple: Company Pulls Baby Shaking Application for IPhone

3468207014_ac3d1aed2a128px-apple-logoAs an IPhone and a longtime Apple user (I got the first Apple and never have used anything other than Apple and Mac computers since), I am positively disgusted by the decision of someone at Apple to feature an application where people can have fun shaking a baby to stop it from crying. After international outcry, the company has withdrawn the product.
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It Depends What “Know” Means: Pelosi Admits That She Was Briefed on Torture But Claims Ignorance on its Actual Use

220px-nancy_pelosiHouse Speaker Nancy Pelosi is trying to fend off criticism over her knowledge of the Bush Administration’s plan to torture detainees. Pelosi has adopted a highly lawyered exclamation that she was briefed on the plan but never told that they were implementing the plan. It is a distinction lost on civil libertarians. She was still briefed on a war crime and did not act to stop it.
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Broken Heart, Empty Head: Florida Man Admits to Staging Robbery to Woe Ex-Girlfriend

culberson_derickDerick A. Culberson, 22, is accused to moving beyond the normal roses and dinners to win back a girlfriend. Culberson has been charged with making a false police report that he was robbed at gunpoint in order to get his girlfriend feel guilty for leaving him
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Holder Promises to Follow the Law on Any Torture Investigation But Fails to Mention Special Prosecutor

holdereric Attorney General Eric Holder said Wednesday that he will “follow the law” in deciding whether to pursue criminal charges against Bush officials for the torture program. While first reported as a major advance, the statement conspicuously does not mention the appointment of a special prosecutor, an essential component to any investigation since the Justice Department featured heavily in these allegations.
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New York Lawyer Arrested For Throwing Kids Out of Car

madlyn_primoff1primoff_madlynMadlyn Primoff, 45, a partner at Kaye Scholer specializing in international financial matters spent the night in jail and is facing criminal charges after she allegedly throw her two daughters, 10 and 12, out of her car on the side of the road. One daughter succeeded in catching up with the car and jumping back in while the ten-year-old was found by another adult. Primoff reported the second daughter missing and was arrested when she went to the police station. She was carried with a misdemeanor count of endangering child welfare.

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Leahy Calls for Judge Bybee’s Resignations and Others Call for Impeachment

180px-bybee1160px-patrick_leahy_official_photoSen. Patrick Leahy (D-Vt.), chairman of the Senate Judiciary Committee, has called for Judge Jay Bybee to resign in light of his central role in the torture program and memos. Leahy declared that “[t]he fact is, the Bush administration and Mr. Bybee did not tell the truth. If the Bush administration and Mr. Bybee had told the truth, he never would have been confirmed.”
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Harman Refuses to Confirm Conversation With Suspected Israeli Spy and Calls Interception of Her Calls an “Abuse of Power”

160px-harman_jane300px-aipac_logoRep. Jane Harman, D-California, has called the alleged interception of her calls with a suspected spy “an abuse of power” and has called for the transcripts of the call to be given to her. As suggested in an earlier blog, she has promised to make the transcript public if given to her. However, she would not confirm the conversation while denying any quid pro quo arrangement to help accused American Israeli Public Affairs Committee (AIPAC) lobbyists — Steve Rosen and Keith Weissman — in exchange for AIPAC’s help in securing the House Intelligence Committee Chairmanship. While Harman is reported as ending the call with the statement that “This conversation doesn’t exist,” she now denies that the conversation existed as reported in the media.

Notably, the same week that this conversation was revealed, the Administration is reportedly considering dropping charges against the AIPAC lobbyists — precisely what the AIPAC contact reported demanded from Harman in her help to reduce or dismiss charges.

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Gilded Cage: Jailbird Contractor Sentenced to Live in the $5 Million Mansion That He Upgraded Through His Tax Evasion Scheme

250px-de_morgan_-_guilded_cageNow this is a sentence that most of my clients would relish. Pittsburgh contractor William G. Tomko Jr. was convicted of using his $5 million mansion as part of a tax evasion scheme where he avoided $228,000 in taxes by having work on the mansion disguised as payments for work done at five area schools. U.S. District Judge Gary L. Lancaster sentenced Tomko to have to live in the mansion as his punishment under a sentence of three years’ probation with one year to be spent on house arrest. Tomko’s cell will be a 8,000-square-foot mansion on eight acres and with $1.8 million in furnishings and $81,000 in fine art. I hope that he can hold up under the pressure of living in this particular cellblock. A divided court of appeals panel has upheld the sentence.

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