Category: Justice

England Backs Down From Extending Anonymity To Rape Defendants

In a reversal under pressure, the English Justice Ministry has decided that it will not treat both the accused and the accusing parties in rape cases equally. The Ministry had indicated that it would grant anonymity to those accused of rape just as the alleged victims are given anonymity. Under pressure from both the Labour Party and female MPs, the Ministry has backed down.

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Health Care: Turns Out To Be A Tax After All

If you recall, one of the most steadfast public positions of the Democrats and the Obama White House during the health care debate was that the legislation did not constitute a tax. President Barach Obama expressly denied that the legislation was a tax in pushing for its approval. Now, however, his administration is seeking to defend the law on the basis that it is . . . you guessed it . . . a tax.

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Turley Joins Porteous Defense as Co-Lead Counsel

In the past, I have disclosed my involvement in high-profile cases to avoid any conflict with this blog or questions why I am not posting on a particular subject. Accordingly, I wanted to confirm that I have agreed to serve as co-lead counsel in the Senate impeachment trial of Judge G. Thomas Porteous.

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Obama Official Suggests That Government May Not Process Illegal Immigrants Arrested Under Arizona Law

The Obama Administration appears close to doing what many thought was unthinkable from a political standpoint: opposing the enforcement of federal law for any illegal immigrants caught in Arizona. That appears to be the suggestion of John Morton, assistant secretary of homeland security for U.S. Immigration and Customs Enforcement in an interview this week.

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Lieberman Unveils Citizenship Stripping Bill

Senator Joseph Lieberman has unveiled his new legislation to allow Americans to be stripped of their citizenship if the State Department concludes that they are associated with a terrorist organization. As chairman of the Senate Homeland Security Committee, Lieberman has authority to push the bill which will be introduced also in a house version by Republican Charlie Dent and Democrat Jason Altmire. The legislation, in my view, is facially unconstitutional in its current form. I discussed this story on the segment below on MSNBC Countdown.
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Gunning for Slaughterhouse? Supreme Court Hears Arguments in McDonald Gun Case

Today, the Supreme Court will take up the potentially historic case of McDonald v. Chicago on gun rights. There is more at stake than just the application of the Second Amendment to the states, as I discussed in today’s column in Roll Call below:

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Sharpton Pushes For Federal Prosecution After Brooklyn Jury Acquits in Mineo Case

Clyde Haberman at the New York Times has an interesting column on the general shift away from bringing civil rights charges when state juries fail to convict in cases on the state level. Al Sharpton is calling on the Obama Administration to try police officers again in the case of Michael Mineo after a Brooklyn jury acquitted three police officers.

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Justice Department Declines Punishment for Bush Officials for “Poor Judgment”

The Obama Administration continued the tradition of the “Friday night dump” by just releasing the Justice Department report on former Justice officials John Yoo, Jay Bybee and Steven Bradbury. The report is linked below. The Justice Department confirmed that the investigation originally found professional misconduct by Yoo and Bybee, but an unnamed high-ranking official at the Office of Professional Responsibility overruled the finding to avoid any professional action against them. I discussed the story on this segment of Countdown.

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Obama Administration Seeks To Strip Cellphone Users of Privacy Protections

The Obama Administration is appealing a ruling in favor of privacy before the United States Court of Appeals for the Third Circuit — seeking to allow it to track people by their cellphones and arguing that there is no privacy expectations to prevent tracking without probable cause. It is another example of Obama’s continued assault on civil liberties — and the failure of liberals to call him to account for such policies.
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Obama Administration Claims Right to Kill Americans Suspected of Terrorism

Today in a congressional hearing, Director of National Intelligence Dennis Blair acknowledged that the U.S. may, with executive approval, deliberately target and kill U.S. citizens who are suspected of being involved in terrorism. I discussed this story in the segment on MSNBC Countdown below.
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Clarence Thomas Defends Recent Ruling on Campaign Finance

Associate Justice Clarence Thomas appeared to take on President Obama this week in discussing the ruling in Citizens United — contradicting the President’s portrayal in the State of the Union. In my view, the President did overstate the holding (not unheard of in the halls of Congress), but I continue to despair over the increasing public role played by justices (here). In my view, Thomas should not be engaging in such a public debate and should allow these decisions to speak for themselves.
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Pay Misty for Me: Courts Mull Over Restitution Payments to Victims of Child Pornography From Possessors

In a disgusting pornographic collection called “the Misty series,” a little girl named Amy was photographed by her uncle who then distributed the pictures worldwide on the Internet. As discussed earlier, now an adult, Amy has succeeded to securing restitution not from her uncle but from a man who was found in possession of the pictures. As reported by John Schwartz in the New York Times article below, it has raised serious questions from lawyers and law professors (including myself) but the Obama Administration is now supporting such claims.
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Justice Alito Shown Shaking His Head and Mouthing “Not True” in Response to State of the Union Address

In a breach of protocol, Associate Justice Sam Alito was filmed during the State of the Union address last night shaking his head and mouthing “not true” in response to the President’s criticism of the Citizens United ruling on corporate campaign finance limits. Ironically, Rep. Joe Wilson promised to restrain himself during this speech and not scream “you lie” again during the President’s speech. For a justice, this breach (shown below) is no less remarkable. It is, in a word, injudicious.

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