Category: Justice

Stranger in a Strange Land: ABA To Hold Session On The Cultural Defense

200px-AbalogoI will have the honor of serving as the moderator on a panel at the American Bar Association’s conference in Washington, D.C. today. The panel is entitled “Stranger in a Strange Land: Cross Cultural Issues in the Courts.” This is part of an internationally successful program organized by Judge Hon. Delissa A. Ridgway of U.S. Court of International Trade. Judge Ridgway has brought together jurists and lawyers from around the world to discuss difficult cultural issues that are increasingly appearing in criminal and civil cases. These cases deal with arguments or defenses that turn on the cultural norms or practices of a given defendant or litigant. The cases have forced the question of when and how courts should recognize such defenses.

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Sixty Yazidi Girls Per Month Reportedly Commit Suicide After Rape By ISIS Terrorists

By Darren Smith, Weekend Contributor

yazidi-women-facing-wallAccording to an Iraqi based aid worker, who identified himself only as Yousif, approximately two girls a day commit suicide in the aftermath of being raped by ISIS Terrorists. The news and other corroboration of reports of inhumanity directed toward women in girls are unimaginable. Compounding the horror experienced from gang rapes in open streets, being sold into sexual slavery, or subjected to other outrages is both the stigma and shame forced onto women and girls–a furtherance of ISIS’ crimes against humanity. It also shows a macabre window into a policy of ethnic cleansing by ISIS at several levels.

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Follow The Money

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Respectfully submitted by Lawrence E. Rafferty (rafflaw)-Weekend Contributor

 

Over the last few years we have seen many stories and articles that discuss the problems States and Municipalities are having in paying their public pension payments and how various politicians propose to fix those “problems”.  The politicians almost always seem to blame the pension problems on the overpaid government workers and their unions. The idea that Wall Street might have something to do with these government pension plans being underfunded is rarely discussed.  Until now.

A significant portion of the funds deposited in government employee pension plans is invested with Wall Street. According to one recent study, the public pension plans are paying at least $5.4 Billion dollars each year to Wall Street. Continue reading “Follow The Money”

Italian High Court Acquits Amanda Knox And Raffaele Sollecito

By Darren Smith, Weekend Contributor

Amanda Knox
Amanda Knox

In what hopefully will become the conclusion of an oppressive years long ordeal, Italy’s highest court, the Court of Cassation, overturned the murder convictions against Amanda Knox and Raffaele Sollecito.

The news came as somewhat a surprise considering the zeal at which the prosecution fought to ensure the defendants be imprisoned for over two decades. The subsequent court drama and media circuses made it seem an almost foregone conclusion her fate would ultimately rest upon an extradition hearing within the purview of American courts.

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Woman Beaten To Death And Set Alight In Afghanistan Was Wrongly Accused

By Darren Smith, Weekend Contributor

Farkhunda
Farkhunda

If it was possible to add another injustice levied against Farkhunda, a woman who suffered a brutal murder at the hands of a mob in Afghanistan that insisted she burned a Koran, authorities publicly announced she was in fact innocent of these claims.

In response to this outrage, a day of national morning occurred during her funeral and burial. Various leaders including Afghanistan President Ashraf Ghani strongly condemned her murder as a heinous attack. Reports of police standing nearby and indifferent to the incident lead the president to call for fundamental reforms in the nation’s police forces.

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Turley Testifies Before House Committee On Restitution For Child Pornography

unnamed-1This morning I will be testifying in the House of Representatives before the Subcommittee on Crime, Terrorism, and Homeland Security of the Committee on the Judiciary. The hearing is entitled “Child Exploitation Restitution Following the Paroline Decision and addresses a long-standing controversy over the limits on restitution in such cases. My testimony is below.

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If The TPP is Such a Great Idea, Why Keep it a Secret?

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Respectfully submitted by Lawrence E. Rafferty (rafflaw) Weekend Contributor

The Obama Administration has been pressuring members of Congress to pass the bill that will give President Obama the “fast track”  authority to negotiate the Trans-Pacific Partnership(TPP) agreement without any debate in Congress.  Fast track authority would not allow for any amendments and the bill would remain secret until just before it is voted on.

“President Obama is currently pressing members of Congress to pass Fast-Track authority for a trade and investment agreement called the Trans-Pacific Partnership (TPP). If Fast Track passes, it means that Congress must approve or deny the TPP with minimal debate and no amendments. Astonishingly, our lawmakers have not seen the agreement they are being asked to expedite.” Nation of Change Continue reading “If The TPP is Such a Great Idea, Why Keep it a Secret?”

FBI Agent’s Testimony Shredded In Boston Bomber Trial

220px-BostonSuspect2146px-US-FBI-ShadedSeal.svgCriminal defense attorneys have long objected to “experts” produced at trials by the Justice Department who often seem to closely follow trial theories rather than scientific or forensic data. I have handled cases where experts used by the Justice Department gave almost laughable testimony filled with errors in national security cases but courts continue to admit their testimony. This week, one such expert, FBI Special Agent Steven Kimball, fell apart on the stand when confronted with clearly conclusions over basic and easily ascertainable facts.

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Cutting the Great Outdoors of Wisconsin, Along With Everything Else!

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Respectfully submitted by Lawrence E. Rafferty (rafflaw) Weekend Contributor

A few weeks ago, I wrote about the massive cuts to education and programs for the poor by the new Governor of Illinois, Bruce Rauner. In that article, I mentioned that Gov. Rauner seemed to be parroting the budget methods of Governor Brownback in Kansas and Gov. Walker in Wisconsin, both of whose state economies have been floundering under their respective austerity programs.

Well, it seems that in Wisconsin, Gov. Scott Walker has gone even farther in his attempts to balance the budget on the backs of the middle class by proposing massive cuts to the Department of Natural Resources, while attempting to wrest control of  various agencies from the public domain and capturing them in the Executive branch of government. Continue reading “Cutting the Great Outdoors of Wisconsin, Along With Everything Else!”

The FAA and NTSB vs. Common Sense: Part Deux

by Charlton (Chuck) Stanley, weekend writer

FAA logoLast August, I wrote a blog post entitled The FAA and NTSB vs. Common Sense. The reader can save time by going back and reading that post at the link, because it sets out the main premises of this article.

The FAA has been under growing pressure from all segments of the aviation community to relax the standards for a Third Class medical certificate. This pressure has come from recreational pilots, manufacturers of aircraft and aircraft components, small airport operators, and small businesses. Part of the reason for this pressure is that general aviation is slowly dying.

When the FAA was created, their primary mission was to promote aviation. That includes making it safe and affordable for the flying public. However, the FAA, being bureaucrats who hate to give up power and control once it is in their grasp, asked for comments on a proposed rule change.

That was back in 2009. The initial proposal was denied in 2010. The proposed rule was resurrected, but the FAA has been slow-walking the changes–for more than five years. There has been virtually no progress toward doing away with the Third Class Medical certificate.
Last year, while being questioned, FAA officials made some vague concessions, but would not be specific.

Instead of promoting aviation, I have come to the conclusion that some segments of the FAA resemble a certain character in the Dilbert comic strip; Mordac, the Preventer of Information Services, also known as Mordac the Refuser.

Exasperated, several members of the bipartisan House and Senate Aviation Caucus introduced H.R. 3708: The General Aviation Pilot Protection Act of 2013 (GAPPA). S2103, an identical measure, was introduced in the Senate.

This year, we have a new Congress, and the General Aviation Pilot Protection Act 2 was introduced in the House (H.R. 1062) and the Senate (S.571) last Thursday, Feb. 25, 2015. GAPPA-2 will protect general aviation pilots from liability on charitable flights, extend legal protections to FAA representatives, and require FAA contractors to provide information under Freedom of Information Act requests.

A group of aviation industry leaders sent identical letters to the Senators and Representatives who introduced the GAPPA-2 bills in Congress this week.

Continue reading “The FAA and NTSB vs. Common Sense: Part Deux”

Pet Shop Owner Accused Of Arson Involving Puppies Convicted

Gloria Eun Hye Lee
Gloria Eun Hye Lee

By Darren Smith, Weekend Contributor

There are crimes where a defendant’s depraved actions almost beg for a strong sentence. Torching a pet store and pouring kerosene on puppies certainly qualifies.

Just over a year ago we reported the case of Gloria Eun Hye Lee who, along with codefendant Kirk Bills were accused of conspiracy, insurance fraud, arson, and animal cruelty for an outrageous event where the two set fire to Gloria’s Las Vegas Prince and Princess Pet Botique.

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Justice Department: Zimmerman Will Not Be Charged With Federal Crimes

department-of-justice-logo1Zimmermanx-inset-communityYesterday, the Justice Department closed the book on the George Zimmerman case with the announcement that it will not file federal civil rights charges. When Attorney General Eric Holder ordered in federal investigators soon after the shooting of Trayvon Martin, some (including myself) questioned the legal basis for entering the case based on the still developing evidence. The Justice Department usually allows state or city prosecutors and police to finish their investigation before entry into a case. Holder was viewed as responding to political pressure in ordering the premature entry in the case. That investigation will now end shortly before Holder leaves his very controversial tenure as Attorney General.

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Gov. Bruce Rauner Declares War on Higher Education and the Poor in Illinois

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Respectfully submitted by Lawrence E. Rafferty (rafflaw) Weekend Contributor

I have to give Governor Bruce Rauner credit for not taking long to show his hand and publicly attack the Higher Education system in Illinois.  It has only been a few weeks since he was inaugurated and he recently unveiled his budget.  A budget plan that slashes over $200 million just from the University of Illinois alone.

At the very time Gov. Rauner announced he wants to slash the Higher Education budget for all universities in the State of Illinois by almost a third, he claimed that his budget makes education a priority!  Continue reading “Gov. Bruce Rauner Declares War on Higher Education and the Poor in Illinois”

Will HSBC Be Too Big To Jail…Again?

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Respectfully submitted by Lawrence E. Rafferty, (rafflaw) Weekend Contributor

British banking giant, HSBC reached an agreement in 2012 with the Department of Justice that kept it from being hauled in to court on criminal charges due to its systemic assistance in laundering money for drug cartels and allegedly terrorists.  HSBC, with its Hong Kong headquarters shown above, is now in trouble again for alleged problems prior to the settlement agreement in 2012.

“The US Department of Justice is considering bringing criminal charges against HSBC and its executives as part of its investigation into whether the bank’s Swiss subsidiary helped US clients evade taxes.

Democratic senator Elizabeth Warren called on prosecutors to “come down hard” on HSBC if the bank is found to have colluded with tax evaders on Tuesday.

Her intervention came as US government officials with knowledge of the DoJ’s investigation provided the Guardian with new details about the inquiry.

Renewed focus has been placed on the long-running investigation into HSBC Switzerland by the department, after a huge leak of secret bank data – passed to the DOJ’s tax division almost five years ago – was obtained by the Guardian and other media.

It shows that HSBC Switzerland helped some clients conceal millions of undeclared assets, and has immediately raised questions on Capitol Hill about the response from prosecutors and tax authorities.  US government officials said the investigation is not merely looking at HSBC’s US clients, and could also result in criminal indictments against the bank itself. “That has not been ruled out,” one official said, when asked if HSBC or its executives could be criminally indicted. “It is certainly something that is under consideration.” ‘ Reader Supported News  Continue reading “Will HSBC Be Too Big To Jail…Again?”

Myth and the Marriage Pledge

By Mike Appleton, Weekend Contributor

“That no person whatsoever in this Jurisdiction shall joyn any persons together in Marriage but the Magistrate, or such other as the General Court, or Court of Assistants shall authorize in such places where no Magistrate is near.”

-Lauues and Libertyes of Massachusetts (1648) (Legal Classics Library Ed. 1982)

First Things is a highly regarded ecumenical journal on religion and society. Its editor, R.R. Reno, recently posted online a document entitled “The Marriage Pledge.” The pledge is a reaction to the expansion of same-sex marriage recognition across the country, a phenomenon which conflicts “with the Christian understanding of marriage between a man and a woman.” To protest these changes, Christian ministers who sign the pledge agree that they “will no longer serve as agents of the state in marriage” and “will no longer sign government provided marriage certificates.” As of this writing, the pledge has attracted over 400 signatories.

The Marriage Pledge is an unfortunate document, however, and more than a little ironic. It is ineffectual because it presumes a level of importance that the clergy does not have in the formation of lawful marriages, and it abandons religious believers in the process. Those who understand something of the history of marriage will correctly perceive the pledge as a form of witless moral witness.

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