Category: Justice

Sheriff Joe Arpaio Under Federal Investigation

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    Maricopa County Arizona Sheriff Joe Arpaio is under federal investigation for possible constitutional violations and discrimination. The Justice Department’s Civil Rights Division is looking into whether his office is engaging in “patterns or practices of discriminatory police practices and unconstitutional searches and seizures.” Arpaio bills himself as “America’s Toughest Sheriff,” though he may be the country’s most expensive sheriff. The people of the county will now have to pay from additional legal costs as Arpaio again defends himself against allegations of abuse. In the meantime, a recent report indicates that Arpaio is too busy to serve felony warrants in his county.

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Will Justice Seek John Yoo’s Disbarment?

180px-john-yooThere is growing speculation that the Office of Professional Responsibility will recommend the disbarment of Professor John Yoo who currently teaches at Berkeley law school. The release of new memoranda from the Justice Department has increased calls for disciplinary action. The memoranda concludes that the President can (1) use military forces domestically to deal with any individuals President Bush considers a terrorist threat, (2) suspend free press and free speech rights, (3) arrest citizens without legal process or access to the courts, and (4) a variety of other tyrannical measures. I discussed the memoranda on this segment of Countdown.
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Mukasey Delayed Torture Report; Bar Charges May Be Brought Against Bush Officials Like John Yoo

michael_mukasey_official_ag_photo_portrait_2007Newsweek is reporting that former Attorney General Michael Mukasey delayed a critical internal report on the conduct of senior Justice lawyers in the torture scandal, including Jay Bybee, John Yoo and Steven Bradbury. The delayed report not only adds another contradiction to Mukasey’s claims before Congress, but should add pressure on the Obama Administration to stop delaying a criminal investigation into the commission of war crimes by the Bush Administration.

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Cashing In On The Kinder: Pennsylvania Judges Plead Guilty To Massive Corruption Charges

gavel2Prosecutors in Allentown are accepting pleas in one of the most disturbing cases of alleged judicial corruption in years. Two Pennsylvania judges was accepted generous plea bargains after taking more than $2 million in kickbacks to send youth offenders to privately run detention centers. The allegations suggest these judges intentionally sent kids to jail to gain personally. The charges named Luzerne County Judges Mark Ciavarella and Michael Conahan and 14 other defendant.
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Federal Court Holds Stevens Prosecutors in Contempt

sullivanThe United States Justice Department has finally outdone the O.J. Simpson prosecution team as the worst in history. After derailing a relatively straightforward case with prosecutorial abuse and creating major appellate issues for former Senator Ted Stevens (R., Alaska), they have now succeeded in getting one of the most mild mannered federal judges to hold them in contempt — with obvious justification.
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Top Obama Aides Embrace Bush’s War on Terror Rhetoric and Enemy Combatant Policy

225px-elena_kagan_1This has been a uniquely bad week for civil libertarians. The Obama Administration appears to be rushing to dispel any notions that Obama will fight for civil liberties or war crimes investigations. After Eric Holder allegedly assured a senator that there would be no war crimes investigation and seemed to defend Bush policies, Harvard Law Dean Elena Kagan, Obama’s Solicitor General nominee, reportedly told a Republican senator that the Administration agreed with Bush that we are “at war” and therefore can hold enemy combatants indefinitely. In the meantime, Obama himself seemed to tie himself in knots when asked about investigating war crimes and leading democrats are again pushing for a symbolic “truth commission.” I discussed these issues in this segment of Countdown this week.
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Taney Bound

300px-uscgc_taneyFurther entries on Sunday will be delayed due to my deployment on the Cutter U.S.S. Taney (USCGC Taney (WPG/WHEC-37)).
My two eldest sons and I are scheduled to sleep over on the Taney on Saturday night. Men going off to sea on a warship is nothing new, but not since the Fighting Sullivan brothers has one family decided to serve in the same ship.

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Human Rights Lawyer and Russian Reporter Assassinated in Moscow

01markelStanislav Markelov, a leading human rights lawyer, and reporter Anastasia Baburova have been assassinated in Moscow — the latest fatalities of critics of the government. This assassination was done with a silencer on a public street just a half of a mile from the Kremlin — as if meant to send a message to other lawyers, reporters, and civil libertarians.
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Departed for 40 Years: Former FBI Agent Who Inspired Movie Character Is Sentenced for Witness Killing

200px-departed234Former FBI agent John “Zip” Connolly has received a 40 year sentence for his role in the killing of a witness who was going to testify against his associates in the Mob. Connolly was the inspiration of Matt Damon’s character in the movie “The Departed.” The sentence is a practical death sentence for the 68-year-old former agent.
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Former Lawyer Held 14 Years Without Charge on Civil Contempt

thumb_election_scales1The Wall Street Journal has an interesting article on the abuse of civil contempt in this country including the story of H. Beatty Chadwick, a former Philadelphia-area lawyer, who has been behind bars for nearly 14 years without being charged. I have handled civil contempt defenses and it is one of the most abused areas by prosecutors and courts. This article shows how this power can be used to punish rather than its purpose to coerce cooperation.

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Report: Bush Official Violated Federal Law in Overseeing Civil Rights Division and Lied To Congress — But Will Not Be Charged

180px-bradley_schlozmanA federal investigation has found that Bradley Schlozman, the former acting head of the civil rights division, made false statements to Congress and violated federal law in overseeing the agency’s civil rights division. However, he will not face charges in a continuation of the Bush Administration’s record of barring prosecution of its own officials.
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TURLEY BLOG WINS TOP SPOT IN ABA JOURNAL SURVEY

eurocuptrophy80mm2008Well, the results are in and weeks of defamatory attacks on our opposing bloggers and the unrestrained use of the politics of personal destruction have paid off: the Turley blog was voted the Number One law professor blog and legal theory blog in the annual survey of the American Bar Association’s survey. Earlier, it was selected as one of the top 100 legal blogs overall. That is not bad for a blog that is only roughly a year old and it is entirely due to our regulars at the cyber bar we called the Turley blog. Your overindulgence, obsessive compulsiveness, and general lack of restraint have made us what we are today, a group of dysfunctional miscreants. But we are now the Number One dysfunctional miscreants in our category. Well done Team Turley (if I may be so bold). Not to overplay the victory, but this is the first key step to total blogosphere domination and eventual control of the time space continuum.

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HAPPY NEW YEAR!!!

0060-0610-2512-5632Happy New Year to everyone on the Turley blog. This has been an extraordinary first year of the blog which is approaching two million hits annually. The success of the blog is due largely to our regulars who continue to make this one of the smartest and most fun blogs on the web. Even with the invasion by trolls and a few uncivil moments, the blog has remained a special forum for intelligent, civil, and often witty discourse. Our impressive monthly growth (and the obvious irritation of trolls) is a testament to the fact that there remains many people who want to engage in such dialogue. 2008 was our first full year in operation and I am very grateful for the contributions of all of the regulars on this blog.

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