Category: Justice

Courts, Justice, Lawyering, Politics, Society, Torts

Mr. Mnuchin’s Mortgage Marauders

By Mike Appleton, Weekend Contributor

“Corporation, n. An ingenious device for obtaining individual profit without individual responsibility.”

-Ambrose Bierce, “The Unabridged Devil’s Dictionary”

I have frequently criticized media coverage of legal issues. For example, news reports often attribute significance to orders on routine procedural motions that is wholly unwarranted. And even reporters with legal backgrounds are not clear and understandable in their explanation of court rulings to laypersons. So when I came across reports that Treasury Secretary-designate Steven Mnuchin’s bank had filed a mortgage foreclosure action against a 90 year old Florida widow over 27 cents, I was skeptical.

But the story interested me because the subject of the suit resides in Polk County, only an hour’s drive from where I live. In addition, with the advent of electronic filing in court proceedings, I knew that I could access the court files online and review the actual record in the case. I have now done so and have concluded that the stories have been misleading, but not for the reasons one might expect. What has happened to Ms. Ossie Lofton of Lakeland, Florida is worse than what has been reported.

Continue reading “Mr. Mnuchin’s Mortgage Marauders” →

Congress, Criminal law, Justice, Politics

Quid Pro Quo: Top State Department Official Offered Deal To FBI If It Would Change Classification Of Clinton Emails

220px-patrick-f-kennedy_2002I have previously written that recent disclosures over immunity deals with Clinton aides has seriously undermined the credibility of the FBI investigation into the email scandal and raises legitimate questions over the role of top ranking Justice Department officials in the closing of the investigation without criminal charges. Now a far more serious allegation has surfaced with the release of a FBI “302” that states that State Department Undersecretary for Management Patrick Kennedy proposed a “quid pro quo” to convince the FBI to strip the classification on an email from Hillary Clinton’s server. The FBI agent reported the encounter as an effort to “influence” the FBI in return to giving the Bureau long-sought agent placements overseas. Such an offer is more than a standard inter-agency “horse trade.” If the agent’s account is accurate, it was an effort to influence a criminal investigation to protect a high ranking politician and, additionally, an effort to alter a key piece of evidence. The fact that such an effort would be simply brushed aside by the FBI is shocking in itself and again raises questions over Director James Comey’s pledge to pursue any possible charges with independence and vigor. The FBI and State Department, as discussed below, have insisted that there was nothing untoward in the discussions and there is a difference in factual accounts. That is all the more reason for congressional oversight and investigation in my opinion.

Continue reading “Quid Pro Quo: Top State Department Official Offered Deal To FBI If It Would Change Classification Of Clinton Emails” →

Constitutional Law, Courts, Justice, Media, Politics

“My Own Words”: Ginsburg Holds Forth On Trump, Kaepernick and Other Subjects In Latest Public Commentary

225px-ruth_bader_ginsburg_scotus_photo_portraitI have long been a critic of the Supreme Court justices engaging in public appearances where they hold forth on contemporary issues and even pending matters before the Court. I have been particularly critical of the late Justice Antonin Scalia and Associated Justice Ruth Bader Ginsburg who clearly relished appearances before ideologically supportive groups. I have called this trend the “rise of the celebrity justice.” Recently, Justice Ginsburg started another firestorm over public comments where she joked that she would move to New Zealand if Donald Trump is elected. Ginsburg apologized for that latest public controversy, though I discussed in a column how the incident spoke to a much larger problem on the Court. While she express “regret” in that instance, it did not deter Ginsburg in continuing to speak publicly and hold forth on contemporary issues, though she did make a curious distinction on this occasion.

Continue reading ““My Own Words”: Ginsburg Holds Forth On Trump, Kaepernick and Other Subjects In Latest Public Commentary” →

Courts, Criminal law, International, Justice, Politics, Society

German Government Set To Pay Compensation To Gays Convicted Of Violating Anti-homosexuality Laws

By Darren Smith, Weekend Contributor.

gay-pride-flagA long-overdue measure to compensate persons convicted of violating Germany’s 19th century anti-homosexuality law–since repealed–is to finally arrive. The German government set aside a reported thirty-million euros to be distributed among potentially an estimated fifty-thousand men convicted of homosexuality. The award stems for convictions spanning seventy years since the destruction of the Nazi Government.
Continue reading “German Government Set To Pay Compensation To Gays Convicted Of Violating Anti-homosexuality Laws” →

Justice

American Airlines Is Dead To Me

by Darren Smith, Weekend Contributor.

250px-American_Airlines_logo.svgThere are times when you have to cut ties to a vendor when the arrangement no longer is suitable. Then, there are other times when the insolence and lack of respect is so great that if the internet was not available to vent such consternation we probably would boil over in frustration.

American Airlines won the latter approach by leaving my wife stranded–alone in an airport–lied about there being no accommodations to carry her through the night, and refused any form of compensation for their failure to schedule crew members for the flight, leading to this debacle.

Since it was not in American Airline’s interest to offer a hotel room or at least courtesy voucher for another flight here’s some negative publicity as a parting gift to you.

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Congress, Courts, International, Justice, Politics, Torts

First Lawsuit Against Saudi Arabia Filed Since Congressional Override Of Sovereign Immunity Bill

By Darren Smith, Weekend Contributor.

Osama_bin_Laden_portraitPlaintiff Stephanie Ross Desimone filed suit against the Kingdom of Saudi Arabia alleging the nation provided material support to Al-Qaida in its terror attacks against the United States on September 11th, 2001. This represents the first of such filings–there–are almost certainly to be many following, since the United States Congress last Wednesday overrode President Obama’s veto of a sovereign immunity bill allowing foreign governments to be sued in the United States for supporting terrorist acts within the US borders.

Stephanie’s husband, Navy Cdr. Patrick Dunn, was murdered when American Airlines Flight 77 crashed into the Pentagon.

The full text of the complaint, filed in the United States District Court for the District of Columbia, is attached below:

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Criminal law, Justice, Media, Politics, Society

Comey: Combetta Insisted That He Acted Alone In Destroying Evidence After He Was Given Immunity

I recently wrote a column on FBI investigation into the Clinton email scandal and revised my view as to the handling of the investigation in light of the five immunity deals handed out by the Justice Department.  I had previously noted that FBI Director James Comey was within accepted lines of prosecutorial discretion in declining criminal charges, even though I believed that such charges could have been brought. However, the news of the immunity deals (and particularly the deal given top ranking Clinton aide Cheryl Mills) was baffling and those deals seriously undermined the ability to bring criminal charges in my view.  Now, Comey has testified before both the Senate and the House. His answers only magnified concerns over the impact and even the intent of granting immunity to those most at risk of criminal charges.

Continue reading “Comey: Combetta Insisted That He Acted Alone In Destroying Evidence After He Was Given Immunity” →

Congress, Criminal law, Justice, Lawyering, Media, Politics, Society

Stonetear’s Secret: Immunized Former Clinton Aide Allegedly Sought Advice On Removing Email Address For “Very VIP” Official [UPDATED]

bleachbit-paul-combettaWe have been discussing the controversy surrounding the decision of the Justice Department to give immunity to former State Department staffer, Bryan Pagliano and tech specialist Paul Combetta — thereby removing much of the pressure that could have been brought to bear with the threat of criminal charges. That immunity deal became even more questionable when it was disclosed that Combetta used Bleachbit to destroy email records despite his knowledge that those records were being sought by Congress. Now, there is an allegation that Combetta sought advice on the website for how to hide a “VIP’s (VERY VIP) email address.” If true, that would show a conscious effort to conceal the identity of the VIP and illegally alter federal records. Either Combetta did not disclose this effort in violation of his immunity deal or the Justice Department effectively removed a serious threat of indictment though the agreement. Update: the House Committee has ordered Reddit to preserve all messages concerning “Stonetear.”

Continue reading “Stonetear’s Secret: Immunized Former Clinton Aide Allegedly Sought Advice On Removing Email Address For “Very VIP” Official [UPDATED]” →

Constitutional Law, Courts, Justice, Politics, Torts

Court Awards Couple $18,000,000 For City’s Land Grab. Largest In State History

By Darren Smith, Weekend Contributor.

City of SeaTac LogoIn a significant judgment against the City of SeaTac, Washington in a property rights case a King County Superior Court judge awarded Gerry and Kathy Kingen $18.3 million after what the court described as “a pattern of deception that lasted years.”

The trouble for the couple began in 2003 when they purchased land in the vicinity of Sea-Tac Airport with the intent to develop the land into a Park-and-Fly garage. Immediately after bringing notice to the city of their plans the city council declared a moratorium on the construction of these garages and engaged in tactics to hinder the couple’s investment until, according to court documents, they were forced under duress to sell the property to a “phantom buyer” who was later determined to be a surrogate for the city.

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Constitutional Law, Criminal law, Free Speech, Justice, Media, Politics, Society

Scapegoats Of The Ottoman Empire: Merkel Sacrifices German Satirist To Placate Turkey’s Erdoğan

By Darren Smith, Weekend Contributor

220px-Angela_Merkel_(2008)Free speech rights in Germany took another worrying turn for the worse when German Chancellor Angela Merkel personally approved an investigation of a German citizen accused of insulting Turkey’s President Recep Erdoğan, a world leader personally responsible for the erosion of free speech in this NATO member state.

The timing and enthusiasm, despite proffers to the contrary, of the German government’s persecution of satirist Jan Böhmermann for his broadcast of a poem critical of President Erdoğan coincides directly with the German Government trying to reach a re-settlement agreement with Turkey to address the refugee crisis besieging many European nations–a situation politically damaging to Merkel’s image.

We featured numerous articles relating to President Erdoğan’s attacks on newspapers, individuals, internationals, and any critics of him who are within reach of this grasp, citing a bizarre form of Lèse majesté laws as justification. Now, Merkel is demonstrating a willingness to use a rather dusty remnant of such a statute in Germany as a tool to preserve the ego of a foreign head of state, to accomplish a domestic political goal.

For his part, Mr Böhmermann risks five years incarceration for the act of reciting poetry. In several day’s time, he became a convenient scapegoat to placate a foreign leader bent on resurrecting a Neo-Ottoman-Empire, with Erdoğan as its sultan.
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Bizarre, Constitutional Law, Criminal law, Free Speech, International, Justice, Media, Politics

Turkish President Threatens British Consul For Selfie With Accused Journalist In Notorious Case

Turkish president Recep Tayyip Erdoğan is back in the news again this week to dispel any doubt that he is hellbent on assuming authoritarian powers. The latest subject of his wrath none other than Britain’s consul general Leigh Turner over a “selfie” taken at the espionage trial of two journalists. We previously discussed the outrageous prosecution of Can Dündar, editor of the Cumhuriyet newspaper, and his colleague Erdem Gül – a direct attack free speech, free press, and political dissent. Turner with other diplomats showed up to support civil liberties in Turkey at the start of the trial. That led to another tyrannical outburst from Erdoğan who has added diplomats to the list of undesirables in his new Islamic dominated government.

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Columns, Congress, Constitutional Law, Courts, Justice, Media, Politics, Society

Voters Want A Revolution. Here’s What It Would Take.

Washington Constitutional Convention 1787Below is my Sunday column yesterday in the Washington Post on reforming our political system. We are certainly, as the Chinese curse says, “living in interesting times.” We seem to be in the midst of an American revolution where citizens have arisen in collective disgust of the establishment and the status quo. For years, citizens have objected to a political system that is dysfunctional and detached. The two parties have largely ignored these objections and many have objected to this “doupoly” on power. For many, answer of the two parties to the American people seems to be the same as Henry Ford to customers of the Model T Ford: “you can have any color so long as it is black.” In the United States, you can have any party so long as it is red or blue; Republican or Democrat. Yet, in 2016, the public has responded with a deafening rejection of the establishment. The most obvious is Donald Trump who is the perfect personification of an angry electorate. On the democratic side, a 74-year-old Democratic Socialist has rocked the Democratic party, which overtly rigged a primary system to guarantee the selection of the ultimate establishment figure: Hillary Clinton. However, we seem to go this cathartic exercise every four years rather than seek some changes to break down the insularity of government. There is another way. Instead of just choosing some personality that matches our angry politics, we can really change the system . . . for the better. The Framers gave the public the power to solve our own problems, including the ability to circumvent Congress with a constitutional convention. We have the anger. The question is whether we have the answer.

Below is the column. There are a host of other changes that can be made to improve the system, including many that can be down without a constitutional amendment. However, there is a value in focusing on a few basics that could have a transformative effect on the respective branches of government.

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Criminal law, Justice, Society

Former Officer Convicted Of Embezzling Money From Slain Officers’ Fund Arrested Again For Theft

By Darren Smith, Weekend Contributor

Skeeter Manos
Skeeter Manos

In the aftermath of one of the worst shootings of police officers in Washington in decades–where four Lakewood officers were gunned down as they dined at local coffee shop–citizens expressed their grief and horror for such a tragic and senseless act. The Lakewood Police Independent Guild formed a memorial fund for the benefit of widows, husbands, children, and other family members. Donations poured in from within the state and elsewhere. It was a remarkable showing of solidarity and compassion towards a grieving family of law enforcement officers and their friends.

Yet to the disgust of everyone, Skeeter Manos, one of Lakewood’s own officers, took advantage of their generosity and bilked these families out of $112,000.00. He also stole $47,000.00 from the guild’s funds in his capacity as treasurer.

To take money after the slaying of his brother and sister officers is just about as low as you can get. As a further act of his depravity, he burned through these families’ money by purchasing luxuries such as expensive vacations and other frivolous toys.

Manos later pleaded guilty in U.S. District Court and was consequently sentenced to two years of a potential twenty year maximum. Several months ago, he was unfortunately released.

In a testament to the old parable “There is no honor among thieves” he again is in trouble with the law. This time, he is alleged to have stolen from a new employer who wanted “to give him a second chance.”
Continue reading “Former Officer Convicted Of Embezzling Money From Slain Officers’ Fund Arrested Again For Theft” →

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

Thomas Tamm Hit With Bar Charges For Exposing The Warrantless Surveillance Program Under President Bush

Screen-Shot-2016-01-26-at-3.05.42-PM-640x712There is a disturbing proceeding unfolding before the the District of Columbia Office of Disciplinary Counsel where Thomas Tamm, a former U.S. Department of Justice lawyer who leaked information to the press about warrantless domestic spying under President George W. Bush, is facing legal ethics charges in Washington. Tamm is viewed as a hero by many in exposing the program, but even among his detractors there are those who view him as a whistleblower. The intervention of the DC Bar into the case is troubling given the various policy and legal questions over his status in exposing the program.

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Courts, International, Justice, Religion, Society

Jordanian Christian Men Who Convert To Islam Gain Custody And Inheritance Advantages In Divorce Cases

By Darren Smith, Weekend Contributor

Jordan flagAs an example of the perils brought forth in countries having two legal systems, Christian men who intend to divorce their Christian spouse in Jordan receive significant leverage over their wives who remain within their faith.

Under Article 172 of Jordan’s personal status law, a Muslim man automatically receives custody of children aged seven and above when divorcing a Christian woman. This statutory provision provides a husband an attractive advantage in conversion to gain custody where he otherwise could receive an unfavorable determination based upon mitigating factors, such as showing the interests of the children might be better served if they remained within the custody of their mother.

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Res ipsa loquitur – The thing itself speaks