There is a highly troubling case involving Jeremy Hammond,27, who was sentenced to 10 years for the December 2011 hacking of Strategic Forecasting. It was the maximum possible sentence that Chief US District Court Judge Loretta Preska could give him. The case involves a recurring controversy over the government’s effort to punish hackers and whistleblowers revealing a massive surveillance state and attacks on privacy in the United States. However, this case has the added disturbing element of an allegation of a conflict of interest by Preska who refused to recuse herself from the case despite the fact that her husband was an alleged victim of the hacking.
Respectfully submitted by Lawrence E. Rafferty (rafflaw)-Guest Blogger
The Electronic Privacy Information Center recently won the first round of a court action asking that the Department of Homeland Security be required to disclose its plans to pull the plug on regional or national mobile telephone and internet communication systems pursuant to its Standard Operating Procedure 303.
“In the classicly-rendered case, DHS has argued that shutting down entire communication networks might be necessary in order to prevent the detonation of radio-controlled bomb or explosive device.
However, siding with the Electronic Privacy Information Center (EPIC), which brought a suit demanding more transparency for the DHS program known as “Standard Operating Procedure 303” (or SOP303), the federal judge at the US District Court for the District of Columbia ruled that because the release of the protocol could not reasonably be seen as harming law enforcement “investigative techniques or prosecutions” it’s cited reasons for keeping the details of the program secret did not hold up.” Common Dreams
The so-called SOP 303 could allow DHS to cut-off all internet and mobile phone communications at a regional level or a national level if it determined that there was a national security concern. We have already seen this government tactic used in Oakland in 2011 and that alleged over reach by the Bay Area Rapid Transit authorities may be the reason for EPIC’s lawsuit. Continue reading “Internet Kill Switch Plan is Killed…For Now.”→
A Florida appellate court has ordered a new sentencing for Percy Edgardo Torres, 44, of Jacksonville in light of a tongue-lashing that he received from Judge Russell Healey who used his sentencing to lecture him on his violation of Catholic principles.
Submitted by Charlton Stanley (aka Otteray Scribe), Guest Blogger
“If you’ve got ’em by the balls, their hearts and minds will follow.”
– Lyndon Baines Johnson, 36th President of the United States.
I should have known something was up. I came home from work one day and my wife met me at the door. “Somebody broke into Curtescine’s house and tried to rape her.” Curtescine Lloyd was one of the nurses on the oncology floor at the hospital. Curtescine lived in Edwards MS, a small bedroom community just a few miles west of where we lived.
Shocked, I asked if there was any word on whether she was hurt, and did we need to go to the hospital. My wife responded, “Not exactly.”
I have written some guest blogs in the past dealing with aspects of the issue of America becoming a Police State and will link to them at the end of this piece. There are so many issues that call for our concern and attention in this country today, that dealing with the entire dysfunctional state of our country becomes daunting due to the wealth of material. Finally, the stories on a given issue multiply in such a way that their effect is a realization across all political lines that enough is enough. The issue of our country’s continuing descent into a”Police State” equaling all we know of the vile systems in the USSR and the former East Germany is an issue that concerns me.. The situation is dire and the consequences have produced not only horrible injustices, but also the many unneeded maiming and deaths of innocent individuals. Our country imprisons more people per capita than any other country in the world by far. Part of the reason for that is the “War on Drugs” an abject failure that falls most heavily upon people with low incomes and people of color. One such incident caused Professor Turley to pen two blogs this week. They were about a man falsely suspected of drug possession who had all his bodily orifices and cavities checked in the local Arizona police’s vain attempt to find evidence of guilt. None was found and the procedures were not only traumatic, but invasive. Thus the “War on Drugs” is one major contributing force to turning our country into a Police State.
Another contributing Police State factor has been the Federal Government militarizing our local police forces. I’ve written about this as well and will link at those blogs at the end as well. Somewhere along the line, certainly hastened by 9/11 it appeared a necessity to some that are police should be turned from officers of the law into a paramilitary occupying army. There is a great distinction between an officer of the law and a paramilitary trooper. An officer of the law the way I see it, is empowered to enforce the criminal law in ways of lawful conduct that are deemed permissible via our Constitution and Statutes. Thus an officer of the law should be a citizen like the rest of us and in the performance of their jobs should respect the rights of the citizenry. A paramilitary trooper by definition perceives themselves operating in a hostile environment and so everyone in that environment that is not of their army is a potential “hostile”. This unerringly begets a certain level of brutality when dealing with the populace, because from a paramilitary perspective people are presumed guilty, until they are proven innocent. We have seen and I have documented in guest blogs that vast sums of money have come in from the Federal Government to help create paramilitary SWAT teams. Once created, the uses for these teams multiply far beyond their original purpose, because having a tool inevitably causes its usage. After the split I will discuss yet a third factor that adds to this police state mentality, but first I’d like to express the following. The issue of our country becoming a Police State should not be and is not a partisan issue. Just from the opinions of people who follow this blog and comment, we see general agreement that these police tactics violate our Constitution and our innate sense of propriety. We may not all agree on most aspects of government policy, but I would hope we can agree on the proper manner in which our law officers should enforce the peace. Continue reading “Police State America”→
I’m going to use what has become a cliché to open up this piece. “The definition of insanity is doing the same thing that has failed over and over again.” Often clichés are expressions of reality that nevertheless express problems faced by generation generations and generations of human beings. In my opinion “The War on Drugs” is not only an abysmal failure, but has gone a long way towards destroying the social fabric of this country and corrupting the efforts of law enforcement, by manufacturing a “problem” that they are pressured to solve. The idea for writing this came to mind this week at my local drug store. My wife had sent me for a decongestant that contains pseudo-ephedrine to treat a persistent cold. These medications which were formerly as matter of course located in the Cold and flu section are by law now kept behind the prescription counter. To make my purchase I had to produce a driver’s license, whose number was duly entered into a computer and sign an affirmation form digitally. Now since I was a loyal viewer of “Breaking Bad” I understood why this was seen to be necessary by the government. Pseudo-Ephedrine is used in one common formula to “cook” Chrystal Methedrine, or “Speed”. The idea that I, a 69 year old greybeard, should be recorded as a potential cooker of “meth”, is so ludicrous that it caused me to think about the whole process of drug interdiction that is the result of the War on Drugs.
The reach of the War on Drugs goes far beyond the control of formerly non-controlled substances and has affected and limited the way Doctors prescribe for their patients. This prescription oversight ever expands the categories of controlled substances and puts every physician under undue government surveillance. To illustrate the silliness of this, from my own experience, let me relate that in 2010 I underwent 3 major, life-threatening operations within a 4 month period. After each operation which involved cutting my chest open (the middle one was a heart transplant) in the Surgical Intensive Care Unit I was being given unlimited dosages of morphine to deal with my pain. In each instance after an operation, after two days, I would refuse the morphine because it was affecting my thinking and the pain without it was tolerable. In each instance after practically having to forcefully deny the proffered morphine in the morning, my request for Xanax that evening to help me sleep was denied, even though my Surgeon had prescribed it. This required a late hour call to the Doctor on call to prescribe it. The nurse was only following procedure, but the scrupulousness of the procedure is the result of the War on Drugs. Physicians now treating people for various pain symptoms are now under very close scrutiny regarding the medications they prescribe. To me this is nonsensical, given that addicts always find ways to get their drugs no matter what strictures are put into place. What follows is my examination of the premises behind the War on Drugs, its affect on all of us and my solution to this “problem”. Continue reading “Our Insane War on Drugs”→
How would you like to be up for a double murder and then learn that your lawyer was sleeping with your wife during the trial? That is what Robert Caulley learned after he was sentenced to 25 years to life for the murder of a father and mother. Then he learned that his now ex-wife (no surprise there) was sleeping with his lawyer, James D. Owen. Owen is now trying to keep his license while admitting that he violated the core ethical rules governing our profession. Not only did he have an affair with the wife of a client, but could be viewed as having an incentive to shackle the cuckold. If his client were to lose, it could be viewed as a good way to get rid of an inconvenient husband.
We previously discussed the case of Kent and Jill Easter, two California lawyers arrested for allegedly planting drugs in the car of a nemesis on the PTA board. The case has turned even more bizarre with Kent Easter blaming Jill Easter for the crime. The couple is separated and, after the arrest, Kent Easter learned that his wife was involved in an affair.
We have often discussed the abusive expansion of copyright and trademark laws. This includes common phrases, symbols, and images being claimed as private property. (here and here and here and here and here and here and here and here and here). (For a prior column, click here) This trend is being fueled not only by powerful lobbyists who sometimes seem like they control both Congress and the White House but law firms that have made this a virtual cottage industry. There are a large number of law firms on retainer to bring these actions and artists and companies that do little to limit them. The latest example was brought to light by the good people at Techdirt which posted a Digital Millennium Copyright Act (DMCA) letter to Reddit informing them that they had violated copyright laws with a posting of an individual known as heisenberg69 with this image satirizing Office Depot.
This month, defense attorney Drew Justice faced a rather bizarre motion from Assistant District Attorney Tammy Rettig in Tennessee. Rettig was upset that Justice was referring to the prosecution as “the government” — a common description used by both counsel (including prosecutors) as well as judges. Rettig moved for Justice to be ordered not to be call her the government. Justice responded to this clearly absurd and frivolous motion with a request of his own: He asked to be called “Captain Justice” “Guardian of the Realm.”
Submitted by Charlton Stanley (aka Otteray Scribe), Guest Blogger
Tennessee Department of Children’s Services Logo
On an August afternoon in 2008, Hickman County, TN resident Robert Andrews was working on a trailer in his yard when two deputy sheriffs pulled up in front of his house, along with three caseworkers from the Tennessee Department of Children’s Services. They approached Mr. Andrews and asked permission to go inside his home. They did not have any kind of warrant or court order, so Andrews told them they did not have permission to enter his home.
Despite his refusal, all three caseworkers and one of the deputies entered the home and searched the place. They also took each of his four children aside for interviews out of his earshot. Then the officials left. Neither Andrews nor his wife, Patti, was ever accused of a crime in connection with the visit. They were not afforded the opportunity to contact a lawyer or have a lawyer present for the interrogations of the children. At no time before or since that incident was any member of the Andrews family ever accused of any crime in connection with that visit.
In March 2002, a police officer in Cuyahoga County, Ohio kicked in Nancy Kovacic’s door, allowing caseworkers to enter her home and seize her two children. The children were placed in foster care, where they stayed 10 months. There were no criminal charges of any kind against Nancy Kovacic. Her attorney, Jay Crook, told reporters, “Caseworkers can’t just make a judgment call and say, ‘Well, I don’t like this, and with the power of the state, I’m taking these children,’ ”
The children are now grown and were part of the lawsuit. They report being abused while in foster care. They have been in therapy for several years due to the trauma of being removed from their mother. Mr. Crook added, “Without that neutral arbiter, that magistrate, that judge; even over the phone, you have lost all your due process safeguards.”
Those events at the Andrews home led to a lawsuit against the caseworkers. There was also a similar lawsuit from another family in Ohio. Both cases ended up in front of the Sixth Circuit. The U.S. Court of Appeals for the Sixth Circuit used the cases to specify that caseworkers, like police, are agents of the State, and therefore controlled by the Fourth Amendment to the Constitution. This is the first time a Federal appeals court has specified that caseworkers from children’s services departments must abide by the Constitution.
More over the flip, including the full text of both Sixth Circuit decisions.
Respectfully submitted by Lawrence E. Rafferty (rafflaw)-Guest Blogger
A recent decision by the Justice Department has opened the doors to a possible test of whether the government’s widespread use of wireless wiretaps is constitutional.
I’d only planned to write one guest blog this weekend, but this morning on Huffington Post I saw a video from a TED lecture. http://en.wikipedia.org/wiki/TED_%28conference%29 The lecture was from Psychologist Elizabeth Loftus http://en.wikipedia.org/wiki/Elizabeth_Loftus who has been studying false memories since the 1970’s. She links what she discovered with one of the failings of our Criminal Justice System, with the false memories reported in court. This is an 18 minute lecture but it is well worth your time and bears directly on the topics we discuss here on the Law Blog. I must note that in it she is critical of certain psychotherapy techniques and I am a psychotherapist. Despite my training and profession I believe her critiques are on point and illustrate one of the problems inherent in some psychotherapies. For any readers that are interested in our legal system and who care about its problems, viewing this will represent time well spent. My technical skills are such that I don’t know how to properly make the video appear in WordPress but if you click on the following link you will be able to see it: Mystery of Memory
Submitted by Charlton Stanley (aka Otteray Scribe), Guest Blogger
Last August, this blog had the story of Cocke County, Tennessee child support Magistrate Judge Lu Ann Ballew who arbitrarily ordered parents to change the first name of their seven month old child. Jaleesa Martin and Jawaan McCullough had decided on their child’s first name, but were not able to agree on whether his surname should be that of his mother or his father. It was Judge Ballew who ordered the parents of seven month old Messiah McCullough Martin they had to change the child’s first name and change his birth certificate. Judge Ballew opined, “The word Messiah is a title, and it’s a title that has only been earned by one person, and that one person is Jesus Christ.”
In a rambling interview with local television, Judge Ballew tried to explain her reasoning. The reporter asked her what if the child had been named Jesus, a popular name in the Spanish speaking community. The judge stammered, finally declaring that to be irrelevant. The reporter did not press the issue and ask about the use of Mohammed/Muhammed by many Islamic families. Her answer to that would have been…..interesting. Here is the interview of Magistrate Judge Lu Ann Ballew with a reporter from a local TV station. This is almost painful to watch.
There is a highly troubling case involving Jeremy Hammond,27, who was sentenced to 10 years for the December 2011 hacking of Strategic Forecasting. It was the maximum possible sentence that Chief US District Court Judge Loretta Preska could give him. The case involves a recurring controversy over the government’s effort to punish hackers and whistleblowers revealing a massive surveillance state and attacks on privacy in the United States. However, this case has the added disturbing element of an allegation of a conflict of interest by Preska who refused to recuse herself from the case despite the fact that her husband was an alleged victim of the hacking.
