Category: Lawyering

Congress, Courts, Criminal law, Free Speech, International, Justice, Lawyering, Military, Politics, Religion

9/11 and the Saudis and State Secrecy

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

In light of the recently observed 13th anniversary of the events on 9/11/01, I read an article this week that caught my eye.  According to reports, there is a 28 page section of the 9/11 Commission report that has never been released publicly and remains secret to this day.  Indeed, Congressmen must go through numerous security reviews before they can read the document in a secure room in Washington, D.C.

What kind of secret and clandestine information can be found in such a guarded document?  Since it is top-secret, we can only go by the reviews of people who have read the report.  What is found in that report may surprise you in light of its level of secrecy. Continue reading “9/11 and the Saudis and State Secrecy” →

Courts, Criminal law, Lawyering, Society

Ohio Judge Who Held DUI Trials At High School Is Arrested For DUI After Helicopter Tracks Him Down

judge_dean_wilsonPerry County Judge Dean L. Wilson is well known in the Columbus area for holding drunk driving trials to New Lexington High School each year as a warning to students not to drink and drive. Wilson is now facing public criticism as he was arrested for operating a motor vehicle while under the influence of alcohol or drugs and, worse yet, leaving the scene of an accident. Both are first-degree misdemeanors punishable subject to a maximum of six months in jail for each.

Continue reading “Ohio Judge Who Held DUI Trials At High School Is Arrested For DUI After Helicopter Tracks Him Down” →

Courts, Criminal law, Justice, Lawyering, Politics

Halliburton Commits Crimes and Gets a Fine

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

I guess I should not be surprised anymore, but it still saddens me to read that our old friend, Halliburton, has pled guilty to destroying evidence concerning their participation in the BP Deepwater Horizon oil rig explosion and the subsequent environmental disaster in 2010.  If they pled guilty why should I be upset?  I am upset that the Department of Justice agreed to a $1.1 Billion fine instead of jail time.  Once again a corporate “citizen” has committed a crime and no one is going to jail. Continue reading “Halliburton Commits Crimes and Gets a Fine” →

Courts, Lawyering, Politics, Society

Two California Judges Sanctioned For Sex In Chambers

140902-Judge-Cory-Woodwardscott-steinerIt is a rather bizarre week for the California bench after two judges were separately sanctions for sex in their chambers. Orange County Superior Court Judge Scott Steiner (right) was censured for such multiple trysts with women. Kern County Superior Court Judge Cory Woodward (left) magnified the sanctionable conduct by not just having multiple trysts with his court clerk from July of 2012 until May of last year but engaging in such conduct in both his chambers and in public places. Both were censured but allowed to continue on the bench. Both are former prosecutors.

Continue reading “Two California Judges Sanctioned For Sex In Chambers” →

Bizarre, Criminal law, Lawyering, Media, Society, Uncategorized

Leading Labor Lawyer Arrested For Child Pornography in Maine

492385_738987-wingerLawrence Winger, a leading labor and employment lawyer in Maine, was arrested Wednesday morning and charged with possessing child pornography. Winger, 63, consented to a search of his office where investigators allegedly found dozens of images and videos of prepubescent children engaged in sexual activity. Winger has a blog specializing in labor and employment issues.

Continue reading “Leading Labor Lawyer Arrested For Child Pornography in Maine” →

Animals, Bizarre, International, Justice, Lawyering, Science, Society

Biting The Hand That Cooks You: Severed Cobra Head Bites, Kills Chef

By Mark Esposito, Weekend Contributor

VIDEO Snakes Revenge As Severed Head Bites And Kills ChefEating habits in Guangdong Province, China are likely about to change. There, the Indochinese spitting cobra is a prized delicacy. The preparation of the serpent is a time-honored tradition but yesterday something went terribly wrong for Chef Peng Fan of Foshan. Disposing of the head of the snake that had been killed twenty minutes before, Fan was fatally bitten and died before the anti-venom could be administered. Spitting cobra venom contains  one of the world’s most powerful neurotoxins that kills within hours of injection by suppressing involuntary muscles which control respiration.

Continue reading “Biting The Hand That Cooks You: Severed Cobra Head Bites, Kills Chef” →

Congress, Free Speech, International, Justice, Lawyering, Politics, Society, Uncategorized

Economic Patriotism or Treason?

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

We have read in recent weeks and months about the continued movement of corporate profits by US corporations to their overseas subsidiaries in order to avoid paying taxes here on those profits.  Walgreens almost went that route recently but they decided to not do what is called an “inversion” to avoid taxes.  At least for now.

You may be wondering what the picture is all about.  The building in the attached photo is one of the main buildings on the Microsoft campus in Redmond, Washington.  And Microsoft has also been busy working on their taxes.

Microsoft, made news recently, by admitting that they have stashed $92 Billion dollars overseas in an attempt to avoid paying $29 Billions in taxes!  While Microsoft has not officially “inverted” its profits, they have done the next best thing.

Many large US corporations have complained that they have to move profits overseas because they cannot be competitive in the world market without a lower tax base.  Just how true is that claim? Continue reading “Economic Patriotism or Treason?” →

Bizarre, Constitutional Law, Courts, Criminal law, Free Speech, Justice, Lawyering, Media, Military, Politics, Religion, Society

Wonder Why The Folks In Ferguson Are Up In Arms About Their Police? Meet Sgt. Major Dan Page, St. Louis Co. P.D.

By Mark Esposito, Weekend Contributor

Watching the waves roll in here in Duck, NC, I have to admit things seem pretty peaceful and serene. It got me wondering why the folks in Ferguson, Mo. are demonstrating on a daily basis about their policing. Wonderment stopped last evening when I came across this video by 35-year veteran of the St. Louis County Police Department, Sgt. Major Dan Page.  Former Green Beret and supervising cop, Dan’s vaguely known to most  CNN viewers as the enlightened peace officer who shoved reporter Don Lemon from a Ferguson street corner as he tried reporting on the mass protest of 17-year-old Michael Brown’s police-facilitated killing. Lemon was shoved and then was herded to some “Free Speech Zone” in a remote parking lot. Now street-savvy Page is back … and with a right-wing philosophy and blood thirsty vengeance that you’d have to go to 1970s Cambodia to match — “We can kill you anyway we want!”

Continue reading “Wonder Why The Folks In Ferguson Are Up In Arms About Their Police? Meet Sgt. Major Dan Page, St. Louis Co. P.D.” →

Constitutional Law, Criminal law, Lawyering

California Supreme Court: Prosecutors May Use The Silence Of A Defendant As Proof Of Guilt

smdj_article_1776425128461_1The California Supreme Court has handed down a major 4-3 decision in a vehicular manslaughter case that further erodes the rights of citizens to remain silent after being placed into custody. As are all familiar with the Miranda warning that “You have the right to remain silent. Anything you say can and will be used against you in a court of law.” However, as we recently discussed, the Supreme Court by plurality decision that effectively allowed pre-Miranda silence to be used against a criminal defendant in Salinas v. Texas 570 U.S. ___, ___ (2013) (plur. opn. of Alito, J.). Now, the California Supreme Court in People v. Tom, has handed down the first major application of Salinas and ruled that the prosecution can use the silence of a defendant (Richard Tom, left) as evidence of guilt. In California, it is not simply what you say but what you do not say that can be used against you. It is not clear if they are going to change the warning to let people know that if they do not speak, their silence can be used as incriminating.

Continue reading “California Supreme Court: Prosecutors May Use The Silence Of A Defendant As Proof Of Guilt” →

Columns, Constitutional Law, Courts, Criminal law, Lawyering, Media, Politics, Society

THE PERRY INDICTMENT: ALL HAT, NO CATTLE

220px-Felthat300px-Muddy_Water_Red_desertBelow is my column today on the Perry indictment. I have previously raised my serious reservations about the factual and legal basis for a criminal charge. We obviously do not know what evidence will be presented, particularly evidence of back channel communications that might have occurred over the threatened veto. Such conversations can have a highly damaging effect on jurors as shown by the trial of Illinois Democratic Gov. Rod Blagojevich. They can also damage someone politically by exposing uninhibited moments or comments. I have heard from reporters in Texas that there might have been communications between Perry and Lehmberg about her resigning but I have yet to see clear accounts of such communications. However, at the moment, I cannot see the basis for these charges. Perry publicly stated his intent to use his lawful power to veto the line item for the office budget if Lehmberg did not resign. I do not see how the use of such a lawful power in this case would rise to the level of a criminal act.

At the moment, I see a compelling case for dismissal as a threshold legal question for the court. However, the degree to which the court views this matter as turning on the factual allegations as opposed to the legal questions, it could be held over for trial. That is the problem with such ambiguously written provisions is that the court may feel more constrained in dismissing the counts. The result for Perry can be damaging even if he is acquitted as was former U.S. Senator Kay Bailey Hutchison two decades ago. Hutchinson was charged with using state employees to plan her Christmas vacation in Colorado and write thank-you notes. The case was so weak that it took only 30 minutes for the jury to find her not guilty on all charges. The political danger is the exposure of private communications. Few of us are as crude as Blagojevich or his wife even in private but none of us is likely to look good if our unguarded comments were played out for a national audience. Once again, only time will tell what type of evidence was heard by the grand jury. Yet, my view is that this indictment is very problematic from a constitutional standpoint and offers little to support such a major prosecution.

Here is the column:

Continue reading “THE PERRY INDICTMENT: ALL HAT, NO CATTLE” →

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

Perry Grand Juror Reportedly Attended Democratic Convention And Attended Speech Of Witness During The Grand Jury Proceedings

Rho-Chalmers-TDPC-SelfieThere is an interesting story out of Texas in the Perry controversy that raises the difference between grand juries and petit juries. One of the grand jurors, Rho Chalmers, who indicted Governor Rick Perry turned out to be a delegate to the Texas Democratic Party convention who not only actively participated in the convention during her service but actually took a picture with a Democratic state representative who appeared as a witness before her jury.

Continue reading “Perry Grand Juror Reportedly Attended Democratic Convention And Attended Speech Of Witness During The Grand Jury Proceedings” →

Constitutional Law, Criminal law, Lawyering, Media, Politics

Missouri Governor Calls For “Vigorous Prosecution” Before The Completion Of The Investigation Into Ferguson Shooting

220px-Jay_Nixon_cropWhile like many I was shocked by the story of the shooting of an unarmed man, Michael Brown, by a police officer in Ferguson, Missouri, I have refrained from making public comments due to the conflicting accounts that have arisen in the case. As a criminal defense attorney, I have long resisted the tendency to rush to judgment, particularly in the midst of public unrest, in such cases. I saw that as a problem in the Trayvon Martin case. Those same concerns were raised this morning with the statement of Missouri Gov. Jay Nixon who publicly stated that “a vigorous prosecution must now be pursued.” Presumably, he is speaking of the arrest and prosecution of Officer Darren Wilson. However, the investigations into the case are continuing and, in my view, Nixon’s comments are wildly inappropriate at this stage.

Continue reading “Missouri Governor Calls For “Vigorous Prosecution” Before The Completion Of The Investigation Into Ferguson Shooting” →

Constitutional Law, Criminal law, Lawyering, Politics, Society

Texas Rick Perry Indicted On Abuse of Power Charges

225px-rick_perry_photo_portrait_august_28_2004Late yesterday, Texas Gov. Rick Perry was indicted by a grand jury in Austin on charges of abuse of power. The charges stem from Perry carrying out a threat to veto funding the budget for the Travis County Public Integrity Unit, which handles political corruption investigations.

District Attorney Rosemary Lehmberg had been arrested for drunk driving and was widely criticized for her conduct while in custody. She refused to resign even after been sentenced to jail and Perry carried out his threat. I have been critical of Perry in the past and I believe that his veto was wrongheaded. However, I view the indictment as very troubling on a separation of powers basis and the result of the extension of criminal provisions with tangential applicability to this type of dispute.

Continue reading “Texas Rick Perry Indicted On Abuse of Power Charges” →

Criminal law, Lawyering

Baltimore Man Charged With Robbery Despite Being In Jail At Time Of The Crime . . . Prosecutor Still Insists on Trial and Judge Agrees

PrisonCellOne can certainly understand Tyree Threatt, 21, being confused. He was charged after a victim picked out his photo as the man who robbed her. However, the robbery occurred while Threatt was in jail on another robbery charge. Now here is the bizarre twist. Nicholas Cooksley, his public defender, showed the court the record proving that it was impossible for Threatt to have committed the crime. Indeed, what could be a better alibi than being in jail? Well, it was not good enough for the prosecutor who refused to drop the charge and insisted on a trial. Even more bizarre was the judge who agreed that a trial would be needed. The charges were only dropped after the media pressed the police, which eventually dropped the charges.

Continue reading “Baltimore Man Charged With Robbery Despite Being In Jail At Time Of The Crime . . . Prosecutor Still Insists on Trial and Judge Agrees” →