Category: Lawyering

Congress, Constitutional Law, Courts, Justice, Lawyering, Politics, Society, Supreme Court, Things That Tick Me Off

Shame on Yoo

Respectfully submitted by Lawrence Rafferty (rafflaw)-Guest Blogger

We haven’t heard his name for quite some time now, but former Bush-era Office of Legal Counsel attorney, John Yoo is in the news again.  The United States 9th Circuit Court of Appeals threw out an appeal by convicted terrorist, Jose Padilla attempting to hold Yoo liable for the torture used on Padilla while in U.S. detention centers.

Believe it or not, the Justices stated that the law on what constituted torture was not clear when Padilla endured the Bush Enhanced Interrogation methods. “A three-judge panel of the court said laws governing combatants and the definition of torture were unclear during the years policies were crafted.  Padilla alleged he was subjected to death threats, given psychotropic drugs, shackled and manacled for hours at a time, denied contact with family or a lawyer for 21 months and refused medical care for potentially life-threatening conditions. “That such treatment was torture was not clearly established in 2001-03,” Judge Raymond C. Fisher, a Clinton appointee, wrote for the court.” LA Times Continue reading “Shame on Yoo” →

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

What The %#@!$*

Submitted by: Mike Spindell, guest blogger

The following link was sent to me by Otteray Scribe, who is among the most erudite and respected people among those who frequently comment on this blog. He is an extremely well educated man, with masterful writing ability and a creatively active mind. The title of his E mail to me and the other guest bloggers was WTF? and this is what he wrote:

“This is beyond strange.  Horace Boothroyd III is disabled and apparently has nothing to do but sit at his computer.  He monitors everything going on regarding OWS and police misconduct.  I won’t try to describe this, but it is more than passing strange. Might be worth following up.”
http://www.dailykos.com/story/2012/05/03/1088516/-Occupy-Minnesota-WTF-Cops-picking-up-sober-Occupiers-and-Drugging-them-for-Training-

When someone who I like and respect as much as I do Otteray Scribe, is at a loss for words to describe something, I take notice. When I clicked the link and read this story from Daily Kos, my own reaction mirrored his: WTF? It took me more than twelve hours to respond to his E mail because I needed to let it gestate in my own mind and figure out just what to write about.

Rather than me regurgitating the story I think it is an important one for the readers to view for themselves and present their own take on the why, wherefore and implications inherent in the story.

While allowing you make your own judgments, let me give my bottom line opinion on all of the issues and questions the story raises and let’s see what you the reader makes of it on your own. I believe that the actions detailed in this story are indicative of our beloved America fast moving towards becoming a police state, in the same manner that the USSR, its successor Russia and China are police states. That is that all protest against the status quo is to be repressed. The police/security/intelligence/military forces are not only to act as agents of this repression, in many instances on their own volition without sanction, but also are taking part in the use of counter-insurgency techniques towards those elements within the society deemed dangerous to the status quo. In the minds of those in power openly and behind the scenes the question of what is threatening to the country is in most instances a self-serving rationale for what is politically/economically threatening to them. We must ask ourselves are we to be mere observers meekly silent for fear of our own security, or will we act openly to oppose the destruction of the Constitution of the United States and with it our rights and freedoms?

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

The First Thing We Do . . . :Leading Iranian Human Rights Lawyer Sentenced To Nine Years

Iranian “courts” have continued their attack on the rule of law by ordering the jailing of leading human rights attorney Mohammad Ali Dadkhah. Dadkhah has shown great courage in representing dissidents, including Youcef Nadarkhani, the Iranian pastor charged with apostasy and sentenced to death for leaving Islam and converting to Christianity. Dahkhah was actually in court defending an individual when the judge announced his own sentence to nine years in prison.

Continue reading “The First Thing We Do . . . :Leading Iranian Human Rights Lawyer Sentenced To Nine Years” →

Constitutional Law, Courts, Lawyering, Politics

California Judge Slams Prosecutors For Allegedly Striking Potential Juror Due To His Sexual Orientation

Superior Court Judge Joan Weber slammed prosecutors in San Diego on Tuesday for allegedly striking a potential juror from a trial because he is gay. However, prosecutors insist that the juror was struck because he admitted to previously protesting in favor of gay rights in a case involving gay protesters. Weber called the San Diego City Attorney’s Office move to block the juror as “shocking,” but if the prosecutors are telling the truth, is it so unreasonable to bar such an individual from a jury based on past similar conduct?

Continue reading “California Judge Slams Prosecutors For Allegedly Striking Potential Juror Due To His Sexual Orientation” →

Bizarre, Criminal law, Free Speech, International, Lawyering, Politics, Society

China Beats and Imprisons Human Rights Lawyer . . . Then Demands Apology From U.S. For Allowing Him Into Embassy

Well, at least China expects someone to apologize . . . just not itself. After keeping a blind Chinese legal activist in continual house arrest and denying him access to the outside world, China has demanded that the United States apologize for allowing him to enter its embassy after his inspiring escape. In the meantime, it has rounded up every Chinese person believed to have helped Chen Guangcheng. Chen has been allowed to go to the hospital and is expected to return home and presumably to his caged existence.

Continue reading “China Beats and Imprisons Human Rights Lawyer . . . Then Demands Apology From U.S. For Allowing Him Into Embassy” →

Criminal law, Lawyering

Winner Takes All: Georgia Attorney Arrested In Alleged Jailhouse Drug Conspiracy

Georgia Attorney, Michael Stuart Winner, 45, has been arrested in an alleged series of crimes where he traded drugs with female inmates in exchange for sexual favors like looking at their breasts or being able to expose himself to them while they were in attorney-client conferences at the jail.

Continue reading “Winner Takes All: Georgia Attorney Arrested In Alleged Jailhouse Drug Conspiracy” →

Criminal law, Free Speech, Lawyering, Politics

Texas State Representative Arrested For Barratry

State Representative Ronald Reynolds, the first African American elected in Fort Bend County to the Texas legislature since reconstruction, has been arrested on barratry charges. Once selected as “Freshman of the Year” by his colleagues, Reynolds was arrested and charged with barratry –both in the solicitation of clients on his own and through the office of a local chiropractor.

Continue reading “Texas State Representative Arrested For Barratry” →

Bizarre, Courts, Lawyering

No Shirt, No Shame: Detroit Judge Under Investigation After Sending Near Naked Picture To Female Bailiff

Detroit’s Third Circuit Judge Wade McCree is at the center of a Weiner-like controversy after sending a nearly naked picture of himself to his bailiff. It certainly produced a passionate response . . . from her husband who has filed a judicial complaint. McCree however appears unapologetic and notes that he did not send the photo to any other married woman — a curious claim of mitigation. When confronted over the photo, McGree responded “I’ve got no shame in my game.”
Continue reading “No Shirt, No Shame: Detroit Judge Under Investigation After Sending Near Naked Picture To Female Bailiff” →

Columns, Congress, Constitutional Law, Courts, Criminal law, Lawyering, Media, Politics, Society, Supreme Court

Nothing Succeeds So Much As Failure: Obama Could Use A Loss In The Immigration Case

Below is today’s column in the USA Today on the arguments this week in the immigration case, Arizona v. United States. (Docket No., 11-182). At issue is Arizona’s Support Our Law Enforcement and Safe Neighborhoods Act (S.B. 1070) directing state law-enforcement officers to cooperate and communicate with federal officials regarding the enforcement of federal immigration law. Beyond the difficult constitutional and statutory questions in the case, there is another element to the case that could come within months of the 12th anniversary of Bush v. Gore

Continue reading “Nothing Succeeds So Much As Failure: Obama Could Use A Loss In The Immigration Case” →

Constitutional Law, Courts, Criminal law, Justice, Lawyering, Politics, Society, Supreme Court

Don’t Mess with Texas’ Executions

Respectfully Submitted by Lawrence Rafferty (rafflaw)-Guest Blogger

As an Illinois resident I was heartened by the fact that a former governor took the politically dangerous action to halt all executions and recently the current Governor of Illinois signed a bill to  end the death penalty in Illinois.   Tribune   With that background, I was saddened to read that since 1976, more than 1/3rd of all executions that took place in our country happened in Texas. Since 1976, Texas has executed 481 people.  Truth Progress  Why does Texas continue to execute people when many experts assert that the death penalty is not a deterrent to violent crime?   Continue reading “Don’t Mess with Texas’ Executions” →

Bizarre, Free Speech, Lawyering

Your On-Line Reputation

-Submitted by David Drumm (Nal), Guest Blogger

Many of you will remember the misinformation campaign uncovered by Lottakatz during the ABA competition two years ago. The campaign gave a 100 vote surge and final victory to The Legal Satyricon, a blog run by Marc Randazza.

We also previously discussed the $2.5 million award against blogger Crystal L. Cox (left). Cox was a cause célèbre, as a crusading blogger, with her claims of journalistic privilege and that she deserved protection under Oregon’s shield law. Cox is represented by Eugene Volokh, and Cox’s motion for a new trial was recently denied. Randazza had consulted with Cox on her case, but she decided not to work with him.

Continue reading “Your On-Line Reputation” →

Columns, Constitutional Law, Courts, Criminal law, Free Speech, Justice, Lawyering, Media, Politics, Society, Supreme Court, Testimony

Zimmerman: Media Circuses Make for Bad Justice

Submitted by: Mike Spindell, Guest Blogger

At this point, to be honest, all of the back and forth regarding “evidence” in the Zimmerman Case that has occurred here over a number of threads has been mere speculation that misses the salient issues raised by this case. The real (admissible) evidence will be presented at the trial and a hopefully an unbiased jury will make its decisions. The issues that we need to discuss from my perspective are:

1. Did the Sanford Police make a mistake in releasing Zimmerman rather quickly and allowing him to retain his gun, which was potential evidence?

2. Was there undue outside influence used upon the police to end their investigation quickly?

 3. Is there a degree of probability that in many Stand Your Ground venues, had the victim been white and the protagonist of color, that the protagonist would have been immediately arrested?

4. What are the purposes of a business oriented lobbying group, like ALEC, in getting “Stand Your Ground” Laws passed?

5. Is this once again an instance where a media circus has poisoned the ability to have a fair trial? Continue reading “Zimmerman: Media Circuses Make for Bad Justice” →

Criminal law, Lawyering, Politics

Reasonable Doubt? Crime Scene Photos Shows Serious Injury On Zimmerman’s Head

ABC News has been given a photograph that might make the difference between life in prison and a walk. For weeks, we have been discussing the case and the application of the Stand Your Ground law. As discussed earlier, I think the case was over-charged and I remain doubtful of a conviction. This picture will likely be the single most important piece of evidence in the case. It shows Zimmerman with significant blood on the back of his head — an image that supports accounts from the scene and will be used to corroborate Zimmerman’s account of a struggle with Trayvon Martin where he feared serious bodily injury. [UPDATE: Zimmerman granted bond].

Continue reading “Reasonable Doubt? Crime Scene Photos Shows Serious Injury On Zimmerman’s Head” →

Academia, Lawyering, Society, Torts

Cooley Law Grad Sues Photography Studio For Before and After Shots Of His School Picture

Recent Cooley Law School grad Aminur Khan did not take long in locating a client: himself. Khan is suing a Michigan photography studio, Call Photography, for using his photo without permission to advertise its ability to retouch blemishes — showing Khan in before and after photos where his skin blemishes were removed.

Continue reading “Cooley Law Grad Sues Photography Studio For Before and After Shots Of His School Picture” →