The debate over Judge Sonia Sotomayor continues to rage this week. What is remarkable is how much is being said and how little substance can be found in the coverage. One would think that the law of averages alone would guarantee that some substantive points would be hit, if only by accident. It is becoming increasingly clear that, once again, we will not have a substantive and civil review of the qualifications of a Supreme Court nominee. Neither conservatives nor liberals seem to want (or are willing to tolerate) objective discussion of Sotomayor’s qualifications or opinions. For what it is worth, I would like to discard some of the most often heard arguments in the vain hope that we might still achieve some level of reasonable discourse in this debate.
Continue reading “Confirming Nonsense: Both Liberals and Conservatives Distort Debate Over Sotomayor”
Category: Lawyering
Theodore B. Olson, the U.S. solicitor general under Bush and his lawyer in Bush v. Gore, and David Boies, who represented former vice president Al Gore in that case, have joined forces to challenge Proposition 8 in federal court after this week’s loss in the California state court system.
Continue reading “Olson and Bois Team Up on Proposition 8 Challenge”
President Obama has selected Judge Sonia Sotomayor of United States Court of Appeals for the Second Circuit. She has an inspiring life story and gave a moving speech at the White House. She is not the intellectual powerhouse that many academics had hoped for. However, many nominees did not find their voices until after years of service on the Court. I discussed the nomination on this segment of Countdown. [For an update on debunking conservative and liberal attacks in this debate, click here]
Continue reading “The President’s Pick: A Review of Sonia Sotomator’s Rulings”
The United States has been vocal in its denouncing of the recent arrests of journalists by North Korea and Iran. These countries refuse to comply with American values and legal process, particularly in the treatment of journalists. The biggest difference thus far: North Korea and Iran gave the journalists trials. Reuters cameraman Ibrahim Jassam has been held since September by the U.S. military in Iraq without charges or evidence.
Continue reading “U.S. Holds Journalist For Almost a Year Without Charges or Evidence”
The Justice Department is facing yet another possible contempt sanction from a federal judge. This is becoming something of a trend for the Justice Department. One could only imagine the response of the bar to a private law firm with such a record of contempt. The latest threat comes from United States District Court Chief Judge Vaughn Walker in Al-Haramain v. Obama. This remains one of the most troubling cases from the Bush Administration and the Obama Administration has again yielded to the worst element in the Justice Department in continuing the same policies and practices of its predecessor.
Continue reading “Another Court Denounces Justice Department and Threatens Sanctions”
Former Dallas judge and CourTV anchor Catherine Crier has filed a lawsuit against a John Doe who maliciously used a story about another female lawyer to defame Crier on wikipedia. The unknown individual took the facts about attorney Catherine Shelton and, by replacing the last name with Crier’s from a 2007 Dallas Morning News story, to suggest that Crier was accused of murder and had been convicted of shoplifting, served time, and was disbarred.
Continue reading “Something Wiki This Way Comes: Catherine Crier Sues To Uncover Name of Alleged Malicious Wikipedia Poster”
There have been rare professional charges filed against five lawyers for their role in crafting a secret settlement for former Detroit Mayor Kwame Kilpatrick. The lawyers were involved in a $8.4-million lawsuit settlement to conceal text messages that showed that the major and his top female aide had lied about their affair. The lawyers are chief assistant corporation counsel Valerie Colbert-Osamuede; her ex-boss, former city corporation counsel John E. Johnson; city-retained private lawyers Samuel McCargo and Wilson Copeland II, and Mike Stefani, who represented three cops in lawsuits against the city.
Continue reading “Five Lawyers Charged Over Settlement of Case Involving Former Detroit Mayor”
President Barack Obama today defended his decision to close the military detention center at Guantanamo Bay, Cuba and promptly raised more serious concerns for civil libertarians. In his speech, Obama announced that the country’s “moral authority” demanded closure but then said that his lawyers were working new policies to hold certain detainees indefinitely without trial.
Continue reading “A Law Unto Himself: Obama Promises To Hold Some Detainees Without Trial”
There has been a spate of juror problems of late in courts around the country. Grant Faber, 25, in Hillsboro, Oregon (left) is facing contempt charges for walking out of a trial due to “extreme boredom” while Erik Sly, 36, got into trouble in Gallatin county in Montana for writing the court to inform it that he would “rather count the wrinkles on my dog’s balls” than serve on a jury.
Continue reading “Two Angry Men: Recently Unsuccessful Juror Excuses”
Paul Bergrin, 53, a former federal prosecutor, and three others were arrested this week on charges relating to the murder of a witness in a drug case as well as racketeering, wire fraud and money laundering charges. He is also accused of trying to hire a hitman. Prosecutors says that Bergrin had a favorite saying: “He liked to say ‘No witnesses, no case.”
Continue reading “Jersey Boys: Former Federal Prosecutor Arrested in Murder of Witness”
For all of the economic and social pressure of this time, lawyers in the United States still have much to be thankful for. In moments of doubt, they need only consider the plight of lawyers in other countries like Guatemalan lawyer Rodrigo Rosenberg, who was killed recently. Rosenburg predicted his own murder in an amazing video (below) after alleging high level corruption in the government.
Continue reading “Guatemalan Attorney Murdered After Predicting His Own Death In Video”
We have seen a number of cases on this blog where prosecutors fought efforts by prisoners to obtain DNA tests that might prove their innocence — only to be proven innocent once the tests were performed. Prosecutors are rarely denounced for these reprehensible efforts. The story in the New York Times indicates that prosecutors are continuing to oppose such testing even in states that passed new laws guaranteeing such testing.
Continue reading “Prosecutors Still Opposing DNA Access for Prisoners Despite New Laws”
Now this is a fascinating story. For decades, defense attorneys have complained about faux forensic experts who will support any theory or connection of the prosecution. Some of the most controversial are so-called “bite experts,” dentists who claim to match teeth marks on victims and objects to defendants. Attorney Christopher Plourd decided that he had had enough and arranged his own sting operation to show that these paid experts make the evidence fit any theory.
Continue reading “Lawyer Bites Expert: Defense Lawyer Conduct Private Sting Operation to Show Flaws in Expert Testimony”
President Barack Obama continued his replication of the Bush policies today with the disclosure that he will now restart the controversial Bush tribunal system — now to be called the Obama tribunal system. This follows Obama’s adoption of an even more extreme theory of executive privilege in court, the reversal of the decision to comply with a court order and turn over abuse photographs, the continuing effort to extinguish dozens of public interest lawsuits on privacy violations, and the proposed adoption of the Bush policy of holding detainees indefinitely without trial, here. In the meantime, he and Attorney General Eric Holder continue to block the appointment of a special prosecutor despite mounting evidence of war crimes committed by the prior administration. I will be discussing these recent developments tonight on Countdown.
Continue reading “Bush 2.0: Obama To Continue Military Tribunals”
House Speaker Nancy Pelosi has continued her effort to explain past statements on torture and her failure to act to stop a war crime after she was briefed on the torture program. After being contradicted by both documents and one of her aides, Pelosi has now accused CIA officials misleading her in 2002.
Continue reading “Pelosi Now Claims That She Was Misled By CIA”