Category: Lawyering

Alaska Legislators Demand Apology to Stevens And Federal Lawsuit

225px-ted_stevens Former Sen. Ted Stevens (R., Alaska) and his allies are continuing their implausible campaign to rehabilitate the disgraced Senator and portray the Justice Department’s gross negligence as a vindication of the ethically challenged Stevens. Alaskan legislators in the House passed a resolution demanding not only an apology from the federal government but a lawsuit to recoup his fees and costs in defending himself.

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Federal Judge Appoints Special Prosecutor To Investigate Mishandling of Stevens Prosecution

225px-ted_stevenssullivanIn a remarkable order, U.S. District Court Judge Emmet Sullivan appointed a special prosecutor to investigate the Justice Department lawyers who mishandled the prosecution of former Sen. Ted Stevens (R., Alaska). The order reflects a degree of dissatisfaction and distrust over the Justice Department’s own internal investigation.

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NASA Captures Hand of God Reaching Across Space . . . As Stevens Goes To Court To Declare Victory

0_61_nebula_chandra_handNASA has captured a picture of what appears to be the hand of God reaching across space. Notably, the picture was taken as former Sen. Ted Stevens (R., Alaska) is about to appear in federal court to declare victory after the Justice Department drops its case against him.

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Federal Judge Rules Justice Department Withheld Evidence That Key Witness in Detainee Cases Was Mentally Disturbed

sullivanThe Justice Department is once again being threatened with contempt of court after United States District Court Judge Emmet Sullivan found that they withheld evidence from the defense that a witness in a “significant” number of cases was mentally disturbed. Judge Sullivan found that the testimony of the detainee was unreliable, could be challenged in other cases, and could be the basis for a possible contempt order against the government.

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Slap on the Wrist for “Spanking Judge”: Texas Commission Fails To Remove Judge Who Ordered Spankings In Courtroom

judgeThe Texas State Commission on Judicial Conduct had imposed remarkably light punishment in the admonishment of Justice of the Peace Gustavo “Gus” Garza. While the act was in the mid range of the possible discipline, it is disturbing that this Commission would consider Garza to be competent to continue on the bench after he ordered physical punishment to be carried out in his courtroom.
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Judge Claims Judicial Immunity After Being Sued for Judicial Corruption

judge-mark-ciavarella-247x300Now this take a bit of hubris. Disgraced former Pennsylvania judge Mark Ciavarella has moved to discuss federal lawsuits from juveniles who sent to jail after accepting bribes. tax evasion and depriving the public of their honest services for accepting more than $2.6 million in kickbacks in exchange for rulings that benefited the Pa Child Care and Western Pa Child Care centers. In a motion written by himself, Ciavarella demanded dismissal on . . . you guessed it . . . judicial immunity.

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The Ultimate Subrogation Contract: Man Sues Neighbor for Failure to Impregnate Wife

180px-uniformcommercialcodeIt is well-known that, as a Torts professor, I have made my share of anti-contracts statements — part of a long-standing feud between common law Torts and Contracts faculty. However, to make up for decades of badmouthing contracts, I give you a really interesting contracts case worthy of . . . well . . . a torts class. In Stuttgart, Germany, Demetrius Soupolos, 29, is suing his neighbor Frank Maus, 34, for breach of contract. It seems that Soupolos hired Maus for $2500 to impregnate his wife, a former beauty queen named Traute, but to his surprise Maus desperately tried 72 times without success.

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“Holy Hell Has Broken Loose”: Controversial Obama Intelligence Official Blocks Efforts to Release Torture Memos

torture -abu ghraibThere is an astonishing effort by intelligence officials to block Attorney General Eric Holder and White House counsel Gregory Craig from releasing torture memos from the Justice Department. A senior national-security aide named John Brennan is leading the effort to block the release with the backing of people at the CIA. It takes considerable hubris given the CIA’s knowing destruction of evidence of torture and obvious motivation to withhold the memoranda to further conceal the agency’s involvement in war crimes. One official is quoted as saying “Holy hell has broken loose over this.” That is certainly the proper venue for officials still struggling to cover-up evidence of war crimes.

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Justice Department Finds D.C. Vote Bill Unconstitutional — Holder Reverses Conclusion and Declares Bill Constitutional

holdereric225px-alberto_gonzales_-_official_doj_photographThe Washington Post has revealed that an internal review has found that the D.C. Voting legislation is indeed flagrantly unconstitutional. However, Attorney General Eric Holder overruled the view of career lawyers and declared that the law is constitutional — thereby avoiding an embarrassing confrontation with Democrats. I waited to post this story because it could so easily be confused with an April Fool’s spoof yesterday. Holder’s actions, once again, show that political pressure and influence remains a problem at Justice. Rather than follow the dictates of the Constitution, Holder “corrected” the legal analysis by simply declaring the opposite conclusion to conform with political needs. Sounds like a prior attorney general.
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Attorney General Eric Holder Announces Justice Department Will Not Investigate War Crimes Due to Prosecutorial Misconduct

holderericIn a major decision, Attorney General Eric Holder has announced that he has found that the Justice Department has acted improperly in barring any criminal investigation of well-documented war crimes committed by the Bush Administration in the torture program. To punish the failure of the Department to act in a timely fashion, he has announced that no criminal charges will be pursued regarding torture to teach prosecutors a lesson that “justice delayed is justice denied.”
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Justice Department To Void Case Against Former Sen. Ted Stevens

225px-ted_stevensThe Justice Department will be dropping all charges against former Senator Ted Steven (R., Alaska) due to the misconduct of its own prosecutors. The actions of the Justice Department in the case has been a continued scandal and the question is now what action will be taken against these prosecutors who scuttled a major criminal case through unethical and grossly negligent conduct. On closer examination, however, the action by Attorney General Eric Holder falls a bit short.

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Judge Sharon Keller Faces New Ethics Charge

keller_sharon_newProblems continue to mount for Judge Sharon Keller, Chief Judge of the Texas Court of Criminal Appeals. She is already facing a serious ethics charge over her decision to order the Clerk’s Office not to remain open after hours to allow for a final death row appeal. Now, a new complaint has been filed against her for failing to report nearly $2 million in real estate assets. She is also facing an impeachment effort in the Texas legislature.
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Alabama Judge Charged in Prisoner Abuse Case

small_jms_frontFormer Mobile, Alabama judge Herman Thomas has been arrested in a bizarre criminal case alleging that he used the local jail as a type of personal stable of victims for beatings and sexual abuse. His lawyer — who goes by the moniker Robert “Cowboy Bob” Clark — has charged racism targeting the county first black judge.

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