Category: Lawyering

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

Corporate Greed

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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?

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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]” →

Academia, Congress, Constitutional Law, Courts, Justice, Lawyering, Media, Politics, Society

TURLEY AGREES TO SERVE AS LEAD COUNSEL FOR HOUSE OF REPRESENTATIVES IN CONSTITUTIONAL CHALLENGE

800px-Capitol_Building_Full_ViewAs many on this blog are aware, I have previously testified, written, and litigated in opposition to the rise of executive power and the countervailing decline in congressional power in our tripartite system. I have also spent years encouraging Congress, under both Democratic and Republican presidents, to more actively defend its authority, including seeking judicial review in separation of powers conflicts. For that reason, it may come as little surprise this morning that I have agreed to represent the United States House of Representatives in its challenge of unilateral, unconstitutional actions taken by the Obama Administration with respect to implementation of the Affordable Care Act (ACA). It is an honor to represent the institution in this historic lawsuit and to work with the talented staff of the House General Counsel’s Office. As in the past, this posting is meant to be transparent about my representation as well as my need to be circumspect about my comments in the future on related stories. Continue reading “TURLEY AGREES TO SERVE AS LEAD COUNSEL FOR HOUSE OF REPRESENTATIVES IN CONSTITUTIONAL CHALLENGE” →

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

Banks Ignore the Bankruptcy Laws

US Trustee Program

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

In the past, I have written about the Big Banks continued unlawful actions that only result in “slap on the wrist fines” that in many cases are passed on to the shareholders and/or used as a tax deduction. It seems that Wall Street and the Banksters have not learned a thing.  Or have they?

The latest wrinkle in Banksters taking advantage of American citizens is noted in a Crooks and Liars report which detailed an investigation into several Big Banks and their alleged refusal to honor the orders of Bankruptcy judges across the country. Of course, the “usual suspects” have been named in the latest investigations.  Continue reading “Banks Ignore the Bankruptcy Laws” →

Criminal law, Lawyering, Media, Society, Torts

This Is CNN? Nancy Grace Sued By Man She Labeled The “Selfie Stalker”

200px-nancy_grace200px-Cnn.svgTelevision host Nancy Grace is again being sued this week over the latest example of her low-grade, gotcha programming. Grace is being sued by a man who she labeled the “selfie stalker” for allegedly taking a picture with a crime victim’s cellphone. The problem is that Ben Seibert is not a stalker and did not take such a picture with the phone. He was cleared of the allegations but that did not stop Grace from continuing to shred his reputation on-air. It is always shocking to see Grace appear not just on CNNHD but CNN generally. If, as the tagline reads, “this is CNN” it has truly experienced a fall from Grace.

Continue reading “This Is CNN? Nancy Grace Sued By Man She Labeled The “Selfie Stalker”” →

Courts, Criminal law, International, Justice, Lawyering, Uncategorized

Prosecuters Seem Surprised that Banksters May Still Be Breaking the Law

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

We have written on multiple occasions about the illegal activities of Big Banks and Wall Street financial firms as well as their penchant to repeat their offenses.  It now seems that a State regulator and two Federal prosecutors may have finally come to the conclusion that many Big Banks are not only continuing their illegal practices, but that they may have hid information during prior investigations into their allegedly shady dealings.

While I am glad that at least two Federal prosecutors may be putting the heat on some of the repeat offenders by extending their deferred prosecution agreements and opening new investigations and taking a second look at past investigations, my first response is what took them so long?

Continue reading “Prosecuters Seem Surprised that Banksters May Still Be Breaking the Law” →

Courts, Criminal law, International, Justice, Lawyering, Politics, Society, Uncategorized

Two Corporate Crimes and No Accountability for the Suits

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

It never ceases to amaze me that the heads of major corporations and officers of those companies just never seem to go to jail when the corporation’s fingers are caught in the cookie jar.  We saw two separate examples of that concept this week.  One example is simply a case of corporate greed at employees expense and the other is a brutal and deadly tragedy that caught up the corporate employees, but not their bosses.

In the past, I have written about banks getting away with fines and financial penalties for committing crimes, but today the focus is on two corporations in two different areas of endeavor.  I am referring to the corporation formerly known as Blackwater and Electronics for Imaging (EFI).  Blackwater as you may recall was in the private security and intelligence gathering business with many government clients, while EFI is a Silicon Valley tech firm with earnings of over $100 million in 2013.  They both have one thing in common.  They broke the law and one got a slap on the wrist and the CEO and founder of the other and his fellow corporate officers avoided any culpability in a brutal murder case. Continue reading “Two Corporate Crimes and No Accountability for the Suits” →

Congress, Constitutional Law, Criminal law, Lawyering, Politics, Society

The New Spousal Immunity Defense? Justice Department Reportedly Invokes Executive Privilege Over Holder’s Communications With Wife Related To Fast and Furious Controversy

holderericThere is a new release out of Judicial Watch, which has been meeting with success in its effort to defeat extreme privilege assertions by the Obama Administration in seeking records related to the infamous Operation Fast and Furious. The Obama Administration has been repeatedly criticized for expansive claims of presidential power and privilege. I have been one of those critics. A federal court has expressed growing impatience and even anger with the Administration’s claims and obstruction — recently ordering production of evidence over the vehement objections of the Justice Department. However, nothing likely prepared them for what they claim is the privileges asserted on the “Vaughn index” produced by the Justice Department. The Administration is now reserving the claim of executive privilege over emails between Attorney General Holder and his wife Sharon Malone – as well as his mother. That’s right, executive privilege over communications with your family. It captures the lack of any sense of limitation or logic to the Obama Administration’s view of presidential power, which now overshadows the claims not just of George W. Bush but Richard Nixon.

Continue reading “The New Spousal Immunity Defense? Justice Department Reportedly Invokes Executive Privilege Over Holder’s Communications With Wife Related To Fast and Furious Controversy” →

Courts, Lawyering

Supreme Court Issues Rare Correction In Ginsburg Dissent

225px-ruth_bader_ginsburg_scotus_photo_portrait130px-Wite-Out_123The U.S. Supreme Court rarely makes a correction — even when they are clearly called for by mistakes in law or fact. To their credit, opinions tend to minimize such errors (beyond those of judgment). After all, with the failing number of cases, the justices write relatively few opinions and take a relatively long time to generate them. That is what made it so notable this week when the Court not only corrected an opinion by Justice Ruth Bader Ginsburg, but did so in one of her most notable opinions of the year: her dissent in Veasey v. Berry, which was heralded by many in its rejection of voter ID changes in Texas. Ginsburg wrongly stated that “Nor will Texas accept photo ID cards issued by the U.S. Department of Veterans’ Affairs.” In fact, such cards are one of seven different types of identification that can be used to prove identity.

Continue reading “Supreme Court Issues Rare Correction In Ginsburg Dissent” →

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

Voter ID Unmasked

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

I can still remember the first time I voted in a National election.  I was a young, 18-year-old student and I could finally have a say in who was going to run the country.  It was a proud day for me and the countless other 18 year olds who were also voting for the first time.  I can honestly say that I have not missed voting in any election since.  That includes both primary and general elections.  There wasn’t always a lot to vote for in some of those primaries over the years, but I consider voting a duty, so I made sure that I made it to the polls.

It hasn’t always been easy for all citizens to cast their vote.  Even in my lifetime, the Jim Crow laws of the South made it difficult, at best for African-Americans citizens to register and to cast their ballots.  After years of protests and legal battles, I thought the Jim Crow style of voter suppression was a thing of the past.  It turns out I was wrong.  Very wrong. Continue reading “Voter ID Unmasked” →