A unanimous Supreme Court ruled Tuesday that a Muslim prison inmate in Arkansas, Gregory H. Holt (also known as Abdul Maalik Muhammad), can grow a short beard for religious reasons. The case is The case is Holt v. Hobbs, 13-6827. It represents a trifecta loss. The federal magistrate (Joe J. Volpe), the district court judge (Brian S. Miller), and the United States Court of Appeals for the Eighth Circuit (Judges Bye, Arnold, and Shepherd) all ruled against Holt only to see a unanimous Supreme Court reject their reasoning. Justices Ginsburg and Sotomayor both wrote concurring opinions.
Category: Lawyering
Respectfully submitted by Lawrence E. Rafferty (rafflaw) Weekend Contributor
It is always tragic when anyone is killed. It doesn’t matter if it is accidental or intentional. The tragedy of someone dying is universal. However, when the person killed by a Cleveland Police Officer is a 12-year-old, tragic just doesn’t seem to describe it correctly. You will probably recall the recent case out of Cleveland, Ohio where 12-year-old Tamir Rice was killed by Officer Timothy Loehmann.
Tamir Rice was shot while playing in a Cleveland park. A citizen called 911 and suggested that a juvenile was pointing a gun, which was probably a toy, at people in the park. When Officer Loehmann and his partner answered the call they saw Tamir playing on a swing with the “weapon” in the waistband of his pants. Released videos suggested that Officer Loehmann fired at Tamir within 1-2 seconds of arriving at the park. That same video evidence also shows police throwing Tamir’s 14-year-old sister to the ground and handcuffing her.
When I first heard about the November 22nd, 2014 incident, I was shocked that a 12 year could be gun downed by a police officer. Even the recent stories about the police killing suspects in New Mexico, Missouri, New York City, to name a few, did not prepare me for this killing. Tamir was a 12-year-old child.
When the videos came out and when the truth about Officer Loehmann surfaced, I realized that Officer Loehmann was unfit for duty as a police officer anywhere and the Cleveland Police Department was negligent in hiring an unstable young man to patrol its streets. The decision to hire Officer Loehmann initiated the sad outcome in November. Continue reading “The Sad and Negligent Decision to Hire Officer Timothy Loehmann”
George Washington Law School (where I teach) has been accused of “downright predatory” tactics by the Associate Dean for Faculty and Academic Affairs in its acceptance of transfer students from American law school. The tension caused by transfers has increased during a period of reduced applications. Not only are schools fighting over a small applicant pool, but transfer students are effectively “off the books” for the purposes of reported GPA and LSAT rankings used by U.S. News and World Report. Thus, schools are more inclined to accept a transfer student in the second year (when scores are not reported) than when they first applied as first-year students.
Below is my column in the Sunday Washington Post on the free speech implications of the massacre in Paris and what it means to “stand with Charlie.” Rather the piece explores the status of free speech in France and The murders themselves are clearly the work of Islamic extremists who need little reason to kill innocent people in their twisted view of faith. However, the victims were journalists who had struggled with rising speech limitations and regulations in France as well as other European nations. (Indeed, at least one surviving journalist expressed contempt for those who now support free speech but remained silent in the face of past efforts to shut down the magazine). We have previously discussed the alarming rollback on free speech rights in the West, particularly in France (here and here and here and here and here and here) and England ( here and here and here and here and here and here and here and here and here and here). Much of this trend is tied to the expansion of hate speech and non-discrimination laws. We have seen comedians targets with such court orders under this expanding and worrisome trend. (here and here).
As many on this blog know, I have a particular affection for France and its people. I was moved to see the protest spontaneously protest as thousands can out to defend liberty and French culture. It was a quintessential moment for the French. Indeed, it reminded many of us of how the French once voiced the “Rights of Man” and rallied around civil liberties at a defining moment for all of Western Civilization. We all felt victims of these attacks and most of us were moved to see our French counterparts joining together in one voice to support free speech. However, there needs to be some frank discussion of threat posed by increasing speech regulations and prosecutions. Ironically, while thousands have demonstrated against immigration as a threat to national identity, the real threat is not the immigrants themselves but the loss of national identity from these prosecutions. What is France if it is not its liberties and freedoms? France cannot simply be defined by brie and baguettes. Those who want to join Western countries must accept their core commitment to free speech as part of a social convenant not just with the government but with each other.
(The title of the piece is selected by the Post, not the author. (We usually learn of the titles when the reader does). The print version includes a title that the “threat” comes not terrorism but the French. Many may conclude that the piece somehow blames the French for these attacks which is obviously not true. Rather, with the rallies (including the huge rally today) in support of free speech, the column explores the primary cause of the erosion of free speech in France — and what can be done to restore it. Likewise, this article is not meant to suggest that any criticism of religion is no longer tolerated in France. After all, the magazine continued to publish despite efforts to prosecute the editors and journalists. Moreover, French courts have ruled in favor of free speech in some critical cases. However, while some efforts have been curtailed by the French courts, government censorship has been increasing, particularly when the challenged speech is directed at living individuals. Other restrictions are broader and the appetite for such regulation appears to be increasing. For example, a few years ago, when the government made the denial of the genocide of Armenians by Turkey a crime, the drafter of the law Senator Valerie Boyer dismissed the objections and said “That’s democracy.” Indeed, Boyer exemplified why John Adams warned that “ democracy never lasts long. It soon wastes, exhausts, and murders itself. There is never a democracy that did not commit suicide.” The clash between democracy and free speech is growing as different groups demand that others be silenced in the name of pluralism and tolerance.
Here is the column:
Continue reading “If France Wants To “Stand With Charlie Hebdo,” It Must Stand First With Free Speech”
Respectfully submitted by Lawrence E. Rafferty, (rafflaw) Weekend Contributor
In our sometimes upside down world, it can seem that the lives and secrets of our intelligence service employees and their agencies are worth more than the lives and physical and mental well-being of the countless prisoners who were tortured by the CIA . That is the same torture that was authorized and approved at the highest levels of our government.
Let’s also not forget the many instances of allegedly criminal activity by large banks and their employees that resulted in civil fines or no action at all, notwithstanding the lives that were shattered in the meantime.
Recently it was disclosed that the Department of Justice and the FBI have recommended that Gen. David Petraeus be criminally prosecuted for allegedly passing his classified CIA email account and exposing state secrets to the biographer/author he was having an affair with. This is the very same Department of Justice, along with the Obama Administration that claims it did not have enough evidence to file charges against admitted torturers and those that authorized the torture and destruction of evidence. Continue reading “An Upside Down World of Justice”
We previously discussed the threat of retired Harvard Law Professor Alan Dershowitz to sue Utah Law Professor and former federal judge Paul Cassell (and his co-counsel Bradley Edwards) for defamation for papers mentioning him in revelation to the sex trafficking scandal of Florida financier Jeffrey Epstein. The lawyers sought unsuccessfully to depose Dershowitz who has been accused of being one of the men who were given underaged girls to sleep with by Epstein. At the time, I wrote that Dershowitz’s statements themselves could be viewed as defamatory and actionable. It appears that Cassell and Edwards were thinking the same thing. They have now sued Dershowitz for defamation.
Former federal judge and University of Utah law professor Paul Cassell is facing a rare threat of a bar complaint over his representation of a client in the notorious case of billionaire and convicted pedophile Jeffrey Epstein. Even more rare is the source of the threatened complaint: retired law professor Alan Dershowitz of the Harvard Law School. Epstein is good friends with Bill Clinton and Duke of York Prince Andrew, 54, who have been mentioned in litigation over allegations of the use of underaged “sex slaves” and Epstein’s alleged penchant for watching (and filming) people having sex with these girls. Dershowitz’s name has appears on the ignoble list contained in motions before a federal court in Florida. Dershowitz is now threatening to initiate disbarment proceedings against Cassell and Bradley Edwards, a Florida attorney who also represents Jane Doe #3 in the controversy.
Respectfully submitted by Lawrence E. Rafferty (rafflaw) Weekend Contributor
The instances of reported abuse of our country’s laws by our Intelligence services seems never-ending. The National Security Agency, or NSA is at the top of the list when it comes to violations of our laws and even its own rules and procedures that are allegedly designed to protect our privacy.
Pursuant to a court order in a case brought by the ACLU, the NSA is required to provide a list of its abuses on a quarterly basis. Of course, the NSA redacts most of what it puts in its own disclosures. Continue reading “NSA Abuses Never End”
Respectfully submitted by Lawrence E. Rafferty (rafflaw)- Weekend Contributor
It should not surprise any of the regular visitors to this blog that I have written many articles detailing the abuses of many of the Big Banks and the resulting fines that they have paid on multiple occasions. When a taxpayer reads about Billion dollar settlements being paid by Banks and financial companies as a result of a Justice Department investigation, they probably assume that the entire amount of the fine is being paid.
Those very same taxpayers may be surprised to learn that in many cases, the Banks are able to deduct from their taxes up to 75% of the fines and settlements made with the Justice Department. Continue reading “Just How Much of Big Bank Fines Are Actually Paid and Who Profits?”
As I watched the Bears ground into a fine dust by the New Orleans Saints last night, I felt that long-standing sick sensation that has been around all season in watching Jay Cutler — our $127 million franchise quarterback — continue to blow little things like foot work, telegraphing throws, and waiting too long in the pocket. It then occurred to me. I was not watching another crushing defeat but a towering victory. As an attorney, I was watching the ultimate triumph of a fellow lawyer: Cutler’s agent Bus Cook who sold the Bears on $54 million guaranteed contract for a quarterback who has literally never had a true winning season from Vanderbilt to Denver to Chicago (he was as some have noted good for a 10-5 season that fell short of the playoffs). I was watching the work of a genius and I felt a tad better. For the rest of the season, I intend to cheer for Bus — the Monster of the Midwest.
Former Murray County Chief Magistrate Judge Bryant L. Cochran has been found convicted by a federal jury in a bizarre case where he engineered the false arrest of a woman who alleged that she had been sexually propositioned by Cochran. He was also convicted of tampering with a witness and for sexually assaulting a county employee. The conspiracy detailed in the indictment is a rather twisted tale of a sex-crazed judge, meth-using mother of four, treacherous friends, and corrupt cops. Hint: it turns out that like Agatha Christie, virtually all of them are guilty of something.
Respectfully submitted by Lawrence E. Rafferty (rafflaw)-Weekend Contributor
This past week’s news reports of the Senate report on the CIA Torture program were both distressing and enlightening. I was dismayed to not only read what the full extent of the CIA’s Torture program was, but also when I read pundits and former CIA officials claim that rectal rehydration was merely a medical procedure! I was further discouraged when commenters on this blog made claims that waterboarding and other torture tactics were either necessary or what the devils deserved.
Very few pundits or commenters seem to care if the so-called Enhanced Interrogation techniques were legal or ethical when the CIA resorted to them shortly after 9/11. This “debate” over the actions taken in our name by the CIA has gone from a report based on the CIA’s own words to denials that the techniques were torture, to claims that great intelligence value was gained using the torture and claims that it was a biased report written by Democrats. Continue reading “The CIA Lost Its Soul and Took Ours With It”
Last November, questions were raised over a decision of prosecutors to drop all charges against 13th Court Justice of Appeals Nora Longoria for alleged drunk driving. There were concerns of special treatment but prosecutors insisted that they simply lacked sufficient evidence. Now it appears that there was a dash cam video that clearly shows Longoria unable to complete sobriety tests. It would seems a fairly easy case for prosecution.
Respectfully Submitted by Lawrence E. Rafferty (rafflaw) Weekend Contributor
The Banksters are at it again. You may recall an article that I wrote in March of 2013 which detailed a plan agreed to by the Bank of England and the FDIC which would allow banks to grab depositors funds in order to avoid a bank failure. The prime example given in that article was a similar plan that was put into action in Cyprus. Similar plans were on the books elsewhere, but the Cyprus grab had actually been activated.
Now it seems that the joint FDIC-Bank of England agreement from December of 2012 was not enough to make the Banksters whole in the event that their derivative gambling went south. The idea has gone global and it puts all of our deposits, and even our pension investments at risk! Continue reading “Bail-Ins and Empty Pockets”
I am very sad to report the death of a GW law student and one of my past students, Mark Edwin Lee. Mark appears to have died on November 29th at his home in Washington, D.C. and the cause of death is not yet known.
To lose someone at such a young age is always a tragedy, but Mark was something truly special. He seemed to find the positive in any situation and any person. There are some people who can reduce stress and strife by just being themselves. Mark was one of those people. He was that rare combination of someone with a brilliant intellect and a warm and engaging personality. I saw Mark as the quiet type; a confident professional who would rise quickly in our profession. I not only thought the world of him but expected the world from him. His loss is truly our loss.