Category: Lawyering

Congress, Constitutional Law, Courts, Criminal law, Free Speech, International, Justice, Lawyering, Media, Military, Politics, Science, Supreme Court, Uncategorized

NSA Abuses Never End

150px-National_Security_Agency_svg

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” →

Congress, Constitutional Law, Courts, Criminal law, Free Speech, International, Justice, Lawyering, Politics, Society, Uncategorized

Just How Much of Big Bank Fines Are Actually Paid and Who Profits?

US-DeptOfJustice-Seal_svg

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?” →

Bizarre, Lawyering, Society

The Super Bowl Of Sales: Bears Loss To Saints Proves The Unquestioned Supremacy . . . Of Jay Cutler’s Agent

Jay_Cutler_-_11-01-2009_(cropped)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.

Continue reading “The Super Bowl Of Sales: Bears Loss To Saints Proves The Unquestioned Supremacy . . . Of Jay Cutler’s Agent” →

Criminal law, Lawyering, Society

Former Georgia Chief Magistrate Found Guilty Of Sexual Assault, Witness Tampering, and Conspiring To Plant Drug On Woman

bryant_cochranFormer 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.

Continue reading “Former Georgia Chief Magistrate Found Guilty Of Sexual Assault, Witness Tampering, and Conspiring To Plant Drug On Woman” →

Bizarre, Congress, Constitutional Law, Courts, Criminal law, Free Speech, International, Justice, Lawyering, Media, Military, Politics, Science, Society, Supreme Court, Uncategorized

The CIA Lost Its Soul and Took Ours With It

220px-John_Brennan_CIA_official_portrait

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” →

Courts, Criminal law, Lawyering, Media, Society

DUI Charges Against Texas Judge Dropped For Lack of Evidence . . . Then Police Release Video Of Judge Stumbling Through A Sobriety Test

judge16n-2-webLast 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.

Continue reading “DUI Charges Against Texas Judge Dropped For Lack of Evidence . . . Then Police Release Video Of Judge Stumbling Through A Sobriety Test” →

Congress, Constitutional Law, Courts, Criminal law, International, Justice, Lawyering, Media, Politics, Society, Uncategorized

Bail-Ins and Empty Pockets

Great_Seal_of_the_United_States_(obverse)_svg

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” →

Academia, Lawyering, Society

FAREWELL TO MARK LEE

MarkLee02_Courtesy-300x298-1

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.

Continue reading “FAREWELL TO MARK LEE” →

Congress, Constitutional Law, Courts, Free Speech, International, Justice, Lawyering, Politics, Uncategorized

Corporate Greed

department of treasury

Respectfully submitted by Lawrence E. Rafferty (rafflaw) Weekend Contributor

Now that we have celebrated Thanksgiving, I was struck by the news that Congress is considering legislation that would grant large tax breaks to corporate citizens and actually remove tax breaks for the poor and the middle class.

‘ “This Congress seems willing to give huge tax cuts to big businesses—who are already doing better than ever—but somehow can’t prevent tax increases on 50 million working Americans that will occur when expansions of the Earned Income Tax Credit and Child Tax Credit expire,” Harry Stein, the Associate Director for Fiscal Policy at American Progress Action Fund, told ThinkProgress. “This is a great deal for CEOs and a terrible deal for struggling families.”’ Nation of Change  Continue reading “Corporate Greed” →

Criminal law, Lawyering, Society

Ferguson Grand Jury: The Four Basic Options For A Criminal Charge Against Wilson

1408390089660_Image_galleryImage_Officer_DARREN_WILSON_picUSA Today ran my column on the Ferguson shooting and expected Grand Jury ruling last night. The grand jury is reportedly resuming its deliberations today. It has a number of choices if it were to bring down a charge, though (as I note in the column) the currently known facts present a very strong defense case in favor of Officer Darren Wilson.

Continue reading “Ferguson Grand Jury: The Four Basic Options For A Criminal Charge Against Wilson” →

Criminal law, Lawyering, Society, Torts

“The World’s Greatest Lover”: Ohio Lawyer Accused Of Hypnotizing Female Clients To Have Sex With Them

635520224284194052-attorneyThe allegations facing lawyer Michael Fine, 57, are truly bizarre. Police say that Fine convinced clients to let him hypnotize them and then had sex with them while telling them to forget everything but their legal discussions from the office visits.

Continue reading ““The World’s Greatest Lover”: Ohio Lawyer Accused Of Hypnotizing Female Clients To Have Sex With Them” →

Congress, Constitutional Law, Courts, Criminal law, Justice, Lawyering, Politics, Society, Uncategorized

Foreclosure Fraud?

150px-Wells_Fargo_Bank_svg

Respectfully submitted by Lawrence E. Rafferty (rafflaw) Weekend Contributor

Since the Great Recession officially started in December of 2007, millions of people have lost their homes to foreclosures.  It turns out that many of those foreclosures may have been fraudulent or in violation of foreclosure laws. According to the Southern Essex County, Massachusetts Register of Deeds, John O’Brien, a forensic audit of his recording files suggests that at least 75% of the mortgage assignments were invalid.

“My registry is a crime scene as evidenced by this forensic examination. The Audit makes the finding that this was not only a MERS (Mortgage Electronic Registration Systems) problem, but a scheme also perpetuated by MERS shareholder banks such Bank of America, Wells Fargo, JP Morgan and others. I am stunned and appalled by the fact that America’s biggest banks have played fast and loose with people’s biggest asset – their homes. This is disgusting, and this is criminal.” Nation of Change Continue reading “Foreclosure Fraud?” →

Academia, Congress, Constitutional Law, Courts, Lawyering, Media, Politics, Society, Supreme Court

HOUSE FILES CHALLENGE OVER THE CHANGES TO THE AFFORDABLE CARE ACT

800px-Capitol_Building_Full_ViewToday, we filed our complaint United States House of Representatives v. Burwell (Case 1:14-cv-01967), in the United States District Court for the District of Columbia. The House’s complaint contains eight counts concerning constitutional and statutory violations of law related to the Patient Protection and Affordable Care Act (ACA). There are a myriad of unilateral amendments to this Act, ordered by President Obama’s Administration, which could be the subject of a challenge, and there are a number of changes that are already being litigated, including King v. Burwell, which has been accepted by the Supreme Court for review. The House’s complaint, however, focuses on the Administration’s usurpation not only of the House’s Article I legislative authority, but also of the defining “power of purse.” Both of these powers were placed exclusively in Article I by the Framers of our Constitution. These constitutional and statutory claims are highly illustrative of the current conflict between the branches over the basic principles of the separation of powers. The House’s complaint seeks to reaffirm the clear constitutional lines of separation between the branches – a doctrine that is the very foundation of our constitutional system of government. To put it simply, the complaint focuses on the means rather than ends. The complaint is posted below.

Continue reading “HOUSE FILES CHALLENGE OVER THE CHANGES TO THE AFFORDABLE CARE ACT” →

Criminal law, Lawyering, Society

FSU Shooter Identified As Lawyer And Former Prosecutor Myron May [Updated]

Myron_May_pic_fullThe Florida State University community is still in shock over the killing of three people and wounding of others on campus. The bar was rocked today with the news that the alleged killer was one of our own, FSU graduate and attorney Myron May. May’s final post on Facebook was the biblical verse, “Blessed are the poor in spirit, for theirs is the kingdom of heaven.”

Continue reading “FSU Shooter Identified As Lawyer And Former Prosecutor Myron May [Updated]” →