Category: Justice

Free Speech, Justice, Religion, Things That Tick Me Off

American Nuns Reprimanded For “Radical Feminism” By Vatican

By Mark Esposito, Guest Blogger

Well, Sally Field must be aghast. How could even her bird’s-eye view have predicted the over the top report from the Vatican’s Congregation for the Doctrine of the Faith? Once the province of current Pope Benedict, the watchdog of orthodoxy that took such a hands-off approach to the child sexual molestation within the priesthood, has issued a stinging reprimand to all American nuns for “certain radical feminist themes incompatible with the Catholic faith.”

Headed by American Cardinal William Levada, the crowd that  gave us the Inquisition and who tried Galileo,  has ordered a crackdown on all U.S. nuns.  Overseen by three middle-aged white men American bishops, the Vatican wants the good sisters to toe the Vatican’s increasingly fundamentalist line. And what was the doctrinal crime that got the nuns in trouble? Why, their apparent heretical support for such outlandish positions  as supporting universal health care under Obama’s plan, sensitivity to marriage rights for gays, and –God forbid it — advocating females for admission to the priesthood. They are even under scrutiny for praying for Girl Scouts.

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Academia, Courts, Environment, Free Speech, Justice, Media, Politics

The Pursuit of Political Purity

Submitted by: Mike Spindell, guest blogger

ImageSome comments in the ongoing debate regarding the candidacy of Elizabeth Warren got me to thinking about our political system and people’s reactions to it. Warren is criticized by the Right for obvious reasons, given her strong stances on managing the economy and controlling the excesses of the Corporate Culture. In a sense she offends their sense of political purity, but then that is but a given because she is a Democrat. We have seen though on the Right that such conservative stalwarts as Richard Lugar have gone down to primary defeat because he failed the Tea Parties test of what a “true” conservative should be. Richard Lugar failed the “purity” test even though his conservative history is impeccable. In my conception political purity conforms to “party line” thinking, punishing those that fail to adhere in all respects to the standards of a given faction’s concept of standards their candidates must adhere to in order to retain enthusiastic support. I use “faction”, rather than “party”, because our two party political system actually represents an amalgam of various factions imperfectly coalescing under the rubric of a “Political Party”.

From a Left, or even Centrist perspective, there has been both amusement and trepidation about how the “Tea Party” faction has exerted control over the Republican Party. Then too, there is the same reaction to the power exerted by Fundamentalist Christians, a group that at some points overlaps with the “Tea Party”. A human trait is to see the foibles of groups we define as “other”, while being oblivious to the idiosyncrasies of the groups we are aligned with. Liberals, Progressives, Radicals and even Leftist Centrists like to believe that they are immune from the turmoil that they see in their Right Wing opposites, yet the “Left” and even the “Center” also routinely define people in terms of litmus tests of political purity. This was highlighted by certain comments on the Warren thread where people who were seemingly in tune with her domestic policy views, disliked her positions on the Middle East and appeared to hold them against her. This has definitely been true with many progressives and/or civil libertarians in viewing this current Administration. My purpose here is not one of castigation for anyone’s perspective; rather I’m interested in exploring the phenomenon of the belief that political figures need to meet all of our expectations in their positions, or be unworthy of our support. My own perspective is that tests of political purity are self defeating because it is impossible for any particular political figure to be in perfect agreement with all that any of us individually believe and politics becomes oppression without the ability to negotiate. The process of real negotiation requires compromise. What follows is why I believe that is true. Continue reading “The Pursuit of Political Purity” →

Criminal law, Justice, Politics

Edwards Acquittal Delivers Another Blow To The Justice Department’s Public Integrity Section

The partial acquittal and mistrial of John Edwards was a major defeat for the Justice Department and the beleaguered Public Integrity Section — the same section involving in the Stevens trial debacle. However, as previously discussed, the case against Edwards was in my view an over-reach for the Justice Department which (again) appeared more motivated by the public outcry over Edwards’ infidelity than the actual statutory authority. The jury was correct in its ruling and showed again how average American citizens can be counted on to look beyond the sensational and disturbing conduct of a defendant to reach the right conclusion.

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

Sister Wives: Prosecutors Drop Investigation Of Brown Family And Promise Not To Prosecute For Polygamy

As some of you know, today was the day on which both sides in the Sister Wives case were to file cross motions for summary judgment to establish whether the state’s criminalization of cohabitation is constitutional. This evening we have filed a roughly 80 page motion and brief challenging the anti-bigamy law on seven distinct constitutional and statutory grounds. Rather than file a summary judgment motion arguing the merits of constitutionality of the state law, however, the prosecutors have filed a declaration with the Court that they promise not to prosecute the Brown family for polygamy and have decided to end the investigation that has been ongoing for years. They further state that, in light of this lawsuit, they have adopted a new policy not to prosecute any plural family absent the commission of a collateral crime like child abuse. They are asking United States District Court Judge Clark Waddoups to dismiss the case in light of their concession and promise not to prosecute.

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Congress, Justice, Lawyering, Politics, Science, Society, Supreme Court

First Circuit Strikes Down DOMA And Definition Of Marriage As Between A Man And A Woman

In a major victory for gay rights, the United States Court of Appeal for the First Circuit in Boston has found the Defense of Marriage Act unconstitutional in a unanimous ruling. The court found that the 1996 law discriminates against homosexual couples. The law was supported by Bill Clinton and by the Obama Administration until the latter recently reversed its position in court and withdrew support for the law before the Court. The case is Gill v. Office of Personnel Management.

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Courts, Criminal law, Justice, Lawyering, Media, Politics

Justice Department Clears Its Own Lawyers Of Intentional Misconduct In Stevens Prosecution

The U.S. Justice Department again showed how its protects its own in scandals involving government lawyers. The DOJ has long been notorious in refusing to seriously punish its own lawyers for wrongdoing while pushing the legal envelope on criminal charges against others. The slightest discrepancy in testimony or omission in reporting can bring a criminal charge from the DOJ. The DOJ is particularly keen in finding intentional violations or substitute for intent in federal rules — bending laws to the breaking point to secure indictments. However, when its attorneys are accused of facilitating torture or lying to the court or withholding evidence, the general response is a long investigation and then a slap on the wrist. This week is no exception. Waiting until late Thursday to inform Congress to guarantee a low media coverage, the DOJ announced that it had found no intentional violations by its attorneys in the failed prosecution of U.S. Senator Ted Stevens — despite the contrary finding made by an independent investigation. Instead, the investigation again offered rhetorical punishment as a substitute for true punishment — declaring that the attorneys were only guilty of “reckless professional misconduct.” As a result, Joseph Bottini will be suspended for only 40 days and James Goeke will be suspended for 15 days. Even that level of punishment is viewed as noteworthy for the DOJ given its prior history of whitewashing misconduct by its attorneys. Even the finding of misconduct and brief suspension was contested within the department by Terrence Berg, a lawyer with the department’s Professional Misconduct Review Unit.

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Constitutional Law, Courts, Justice, Military, Society

Front Line Ladies

Respectfully submitted by Lawrence Rafferty (rafflaw)- Guest Blogger

It was just a small news item on the blog site, but it had a big impact on me.  It was reported that two female soldiers have filed suit against the Defense Department in an attempt to force the military to allow women soldiers to fight on the front lines along with men.   They are alleging that women soldiers are being denied their Equal Protection rights under the Fifth Amendment by the military holding them back from fighting on the front lines in all military jobs. Continue reading “Front Line Ladies” →

Free Speech, Justice, Media, Politics, Society, Supreme Court, Things That Tick Me Off

The Clout of the Chicago Cubs

Respectfully submitted by Lawrence Rafferty (rafflaw)-Guest Blogger

As a die-hard White Sox fan (sorry Professor Turley!), it was nice to see the White Sox beat the Cubs in the first two games of the 3 game series at Wrigley Field.  Now, I am not writing this article to rub Cub fan’s noses in it, but rather to discuss one of the Cub’s owners Super Pac political activities and the Cubs ownership that is looking for corporate welfare to help renovate venerable Wrigley Field.  I understand that many ball parks are subsidized by the voters, including beautiful Cellular Field on the South Side of Chicago.  However, there is a big difference in what the Cubs organization wants to do and how they are going about it. Continue reading “The Clout of the Chicago Cubs” →

Courts, Justice, Society

Not Cheaper By The Dozen: Tenn. Man Who Fathered 30 Children Seeks Cut in Child Support

By Mark Esposito, Guest Blogger

Desmond Hatchett is petitioning the court for entry of an order reducing his child support. In tough economic times that is not uncommon. What is uncommon is that Hatchett has fathered 30 children by 11 different women. The children range in age from toddlers to 14-years-old. Hatchett earns minimum wage and half of his check is apportioned among the children. That means some mothers receive as little as $1.49 per month for one child. The prolific father has previously appeared in court in 2009 to answer charges of failing to pay any support. Then he had 21 children and promised to stop procreating.  Hatchett explains the current situation this way, ” [W]ell you know what we mean, I had four kids in the same year. Twice.”

Continue reading “Not Cheaper By The Dozen: Tenn. Man Who Fathered 30 Children Seeks Cut in Child Support” →

Constitutional Law, Justice, Politics, Religion

Divorced From Logic

-Submitted by David Drumm (Nal), Guest Blogger

Michael LaBossiere, a philosophy professor at Florida A&M University, has written a short Kindle book entitled For Better or Worse Reasoning: A Philosophical Look at Arguments Against Same-Sex Marriage. In this book, LaBossiere reviews the “arguments” against same-sex marriage and points out the fallacious reasoning behind them. I would like to highlight a couple of the fallacious arguments, but for a complete treatment I suggest you download his book which is only $0.99.

Continue reading “Divorced From Logic” →

Criminal law, Justice, Lawyering, Politics, Society

Medical Report On Zimmerman Shows Broken Nose, Lacerations, and Back Injury

The evidence for the trial of George Zimmerman is slowly taking form. Yesterday, a medical report was disclosed by the family physician of George Zimmerman where the doctor found a “closed fracture” of his nose, a pair of black eyes, two lacerations to the back of his head and a minor back injury the day after he fatally shot Trayvon Martin. While this is the family physician, it would still constitute important evidence in claiming self-defense, particularly when combined with accounts from the paramedics that found injuries to Zimmerman. An autopsy report released today also revealed bruises on Martin’s knuckles, consistent with a fight (though they could be bruises sustained in self-defense). In the meantime, the Justice Department has indicated that it may bring hate crime charges against Zimmerman — charges that would be questionable on the current evidence that has been made public in the case.

Continue reading “Medical Report On Zimmerman Shows Broken Nose, Lacerations, and Back Injury” →

Congress, Constitutional Law, Justice, Media, Politics, Society, Supreme Court

Health Insurance and Rebate Checks

Respectfully Submitted by Lawrence Rafferty (rafflaw)-Guest Blogger

I have to admit that I was not aware that the Affordable Care Act, or Obamacare, as its detractors call it, mandates that the insurance companies who don’t spend at least 80% of premium money on actual medical care expenses, must send rebates to policy holders.  “But the rebate provision of the law — the fruits of the so-called “80/20 rule” — is about to kick in big time, as millions of Americans receive rebate checks or premium reductions from insurance companies who have failed to spend enough on patient care. This cash could be a true game changer in public attitudes about whether the law actually is beneficial and good public policy. The rebate provision of the law has been known and discussed in health care policy circles for months, but has largely flown below the radar in the political world and for voters—until now.”  Time   Continue reading “Health Insurance and Rebate Checks” →

Congress, Constitutional Law, Courts, Justice, Supreme Court

Can You Hear Find Me Now?
Sen. Al Franken (D-Minn.)

by Gene Howington, Guest Blogger

In these days of ever eroding civil rights, it is important to recognize those in Congress willing to stand up for your rights.  This is especially true given the ever increasing domestic surveillance of citizens without warrant by government agencies in cooperation with the telecommunications industry; a clear abuse of citizen’s 4th Amendment rights “to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”   Love him or loathe him, this week the Congressman willing to fight the good fight for your rights is Senator Al Franken (D-Minn.).

Continue reading “Can You Hear Find Me Now?” →

Congress, Constitutional Law, Courts, Justice, Lawyering, Politics, Society, Supreme Court, Things That Tick Me Off

Shame on Yoo

Respectfully submitted by Lawrence Rafferty (rafflaw)-Guest Blogger

We haven’t heard his name for quite some time now, but former Bush-era Office of Legal Counsel attorney, John Yoo is in the news again.  The United States 9th Circuit Court of Appeals threw out an appeal by convicted terrorist, Jose Padilla attempting to hold Yoo liable for the torture used on Padilla while in U.S. detention centers.

Believe it or not, the Justices stated that the law on what constituted torture was not clear when Padilla endured the Bush Enhanced Interrogation methods. “A three-judge panel of the court said laws governing combatants and the definition of torture were unclear during the years policies were crafted.  Padilla alleged he was subjected to death threats, given psychotropic drugs, shackled and manacled for hours at a time, denied contact with family or a lawyer for 21 months and refused medical care for potentially life-threatening conditions. “That such treatment was torture was not clearly established in 2001-03,” Judge Raymond C. Fisher, a Clinton appointee, wrote for the court.” LA Times Continue reading “Shame on Yoo” →

Academia, Congress, Constitutional Law, Courts, Criminal law, Free Speech, Justice, Lawyering, Media, Politics, Society, Supreme Court

What The %#@!$*

Submitted by: Mike Spindell, guest blogger

The following link was sent to me by Otteray Scribe, who is among the most erudite and respected people among those who frequently comment on this blog. He is an extremely well educated man, with masterful writing ability and a creatively active mind. The title of his E mail to me and the other guest bloggers was WTF? and this is what he wrote:

“This is beyond strange.  Horace Boothroyd III is disabled and apparently has nothing to do but sit at his computer.  He monitors everything going on regarding OWS and police misconduct.  I won’t try to describe this, but it is more than passing strange. Might be worth following up.”
http://www.dailykos.com/story/2012/05/03/1088516/-Occupy-Minnesota-WTF-Cops-picking-up-sober-Occupiers-and-Drugging-them-for-Training-

When someone who I like and respect as much as I do Otteray Scribe, is at a loss for words to describe something, I take notice. When I clicked the link and read this story from Daily Kos, my own reaction mirrored his: WTF? It took me more than twelve hours to respond to his E mail because I needed to let it gestate in my own mind and figure out just what to write about.

Rather than me regurgitating the story I think it is an important one for the readers to view for themselves and present their own take on the why, wherefore and implications inherent in the story.

While allowing you make your own judgments, let me give my bottom line opinion on all of the issues and questions the story raises and let’s see what you the reader makes of it on your own. I believe that the actions detailed in this story are indicative of our beloved America fast moving towards becoming a police state, in the same manner that the USSR, its successor Russia and China are police states. That is that all protest against the status quo is to be repressed. The police/security/intelligence/military forces are not only to act as agents of this repression, in many instances on their own volition without sanction, but also are taking part in the use of counter-insurgency techniques towards those elements within the society deemed dangerous to the status quo. In the minds of those in power openly and behind the scenes the question of what is threatening to the country is in most instances a self-serving rationale for what is politically/economically threatening to them. We must ask ourselves are we to be mere observers meekly silent for fear of our own security, or will we act openly to oppose the destruction of the Constitution of the United States and with it our rights and freedoms?