As 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”
Category: Lawyering
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”
Television 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””
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”
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”
There 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.
The 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”
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”
There is a growing scandal over pornographic emails that has now snared a State Supreme Court Justice. There has been an ongoing investigation over pornographic emails being shared by employees at the attorney general’s office. That investigation has led to the disclosure of 54 emails sent from Justice Seamus McCaffery’s personal Comcast email address to an employee at the State Attorney General’s Office. In those emails were a reported 8 pornographic images and videos.
Continue reading “Pennsylvania Justice Identified In Pornographic Email Scandal”
It appears that the Uber Taxi driver discussed today is not the only person who is reportedly using the “she asked for it” defense to sexual assault. The Pennsylvania attorney general’s office is blaming a former state prison clerk for her own rape in litigation against the prison. The 24-year-old typist was working at the state prison at Rockview in Bellefonte, Pennsylvania in 2013 when she was choked unconscious and raped for 27 minutes by Omar Best, an image convicted three times previously of sex-related crimes. Worse yet, Best had been transferred from a different state prison for assaulting a female assistant but the prison still allowed him unsupervised visits with female employees.
Continue reading “The Best Defense? Pennsylvania Blames Prison Employee For Her Own Rape By Inmate”
Below is my column on the resignation of Eric Holder as United States Attorney General. For civil libertarians, Holder’s tenure as Attorney General under President Obama has been one of the most damaging periods in our history with a comprehensive attack on various constitutional rights and principles from free speech to the free press to international law. In recent polling by NBC and the Wall Street Journal, Holder was the second most unpopular government official after the positively radioactive Arizona Sheriff Joe Arpaio.
As someone who previously called for Holder’s firing after the investigation of various journalists under national security powers, I am hardly one who can offer congratulatory sentiments for such a record. However, much like President Obama, one has to wonder what could have been if Holder had chosen a more principled and less political approach to his office. Holder is resigning the same week that a federal judge ordered the release of “Fast and Furious” documents after the Justice Department was accused of a pattern of delay and obstruction. Holder was previously held in contempt by Congress for his withholding documents and conflicting accounts to an oversight committee looking into the scandal. Indeed, Holder was looking at an even more aggressive period with the possible loss of the Senate and increased GOP seats in the House.
Ironically, Holder came into office trying to distinguish himself from such disastrous predecessors as Alberto Gonzales but proved no less political or blindly loyal to his own president. Indeed, both men fought aggressively to expand the powers of the presidency and national security laws over countervailing individual rights and separation of powers principles. It will be civil liberties and not civil rights that will be the lasting, and troubling, legacy of Eric Holder. The column is below:
Continue reading “The Holder Years and The Perils Of Politics Over Principle In Government”
We previously discussed the arrest of U.S. District Judge Mark Fuller in Alabama for misdemeanor battery of his wife. Now members are raising the possibility of impeachment if he does not resign despite the absence of a conviction on the misdemeanor. Rep. Martha Roby (R., Alabama) is citing a rather novel source of extraconstitutional precedent: the NFL Ray Rice case.
Continue reading “High Crimes and [NFL] Misdemeanors? Members Raise Impeachment In Fuller Case”
We previously discussed the bizarre case of Faulkner County Circuit Judge Mike Maggio who was identified as an anonymous commenter known as “geauxjudge” in a an an interesting controversy in Arkansas where Maggio was was outed from online sites. Maggio previously apologized and withdrew from a race for the appellate court. The controversy raised the question of whether such comments should be a subject for ethical discipline and whether judges should have the right to comment anonymously on such sites. Now Maggio has been permanently removed from the bench for his discussion of a confidential adoption of a child by actress Charlize Theron. He agreed with the Arkansas Judicial Discipline and Disability Commission about the lifetime ban. However, the Arkansas Supreme Court rejected the recommendation because it included Maggio being suspended with pay until the end of the year when his term expires.
Continue reading ““Geauxjudge” is Gone: Judge Maggio Removed From Court For Anonymous Postings”
As we previously discussed, the criminal charges against former Bush White House lawyer John Michael Farren for the attempted murder of his then-wife Mary Margaret Farren, a former partner at Skadden, Arps, Slate, Meagher & Flom. He has now been convicted and sentenced to 15 years in prison.
Continue reading “Former Bush Lawyer John Farren Sentenced In Attempted Murder Of His Wife”
Washington state prosecutor Marriya Wright has resigned from her $83,000-a-year job after a photograph of her in a bikini was found in the cell of Matthew Baumrucker, a prisoner who supports a forehead tattoo reading “criminal.” Officials later found that she had texted or called Baumrucker over 1,200 times during a period of a little over one month.
Continue reading “Washington Prosecutor Resigns After Photo In Bikini Found In Prisoner’s Cell”