We have long discussed the erosion of civil liberties in the United States, including the attacks on privacy and other rights by the Obama Administration. It appears that we are not alone in those concerns. A new Gallup poll shows a record drop in the satisfaction of Americans over their freedoms. The massive drop is matched in such countries as Egypt, Pakistan, and Venezuela.
Continue reading “Gallup Poll: Satisfaction With Their Freedoms Has Record Drop Among Americans”
In Michigan, religious radio host John Balyo has been arrested for allegedly raping a child and paying a third party to arrange sexual encounters with children. Police say that a bondage kit was found in a storage locker maintained by Balyo.
Continue reading “Christian Radio Host Arrested For Raping 11-Year-Old Boy”
Below is my column today in the Los Angeles Times on a little discussed case that presents a far greater threat to Obamacare than did Hobby Lobby. The Hobby Lobby case is a huge blow for the Administration in terms of one of the most prominent provisions of the Act and recognizing religious rights for corporations. However, it is more of a fender bender for the ACA. Halbig could be a train wreck of a case if it goes against the Administration. We are expecting a ruling any day and the panel is interesting: Judges Harry T. Edwards (a Carter appointee), Thomas B. Griffith (a George W. Bush appointee), and A. Raymond Randolph (a George H.W. Bush appointee). In oral argument, Edwards was reportedly highly supportive of the Administration’s argument while Randolph was very skeptical. That leaves Griffith. It could go 2-1 either way, though in my view the interpretive edge goes to the challengers for the reasons discussed below. This case however is largely a statutory interpretation case, though it has the same separation of powers allegations of executive overreach that we have seen in other recent cases.
By Mark Esposito, Weekend Guy
Ahmed Abu Khatallah’s boat docked yesterday and the reputed Benghazi attacks mastermind was met with a contingent of U.S. Marshals, Navy security and a phalanx of Justice Department types all eager to hear his gilded version of events and to usher him to a US federal courtroom near the White House where the processes of the US justice system could start slowly grinding now in earnest. He pled not guilty for anyone interested. Before his arrival, however, a cacophony of Republican lawmakers decided to weigh in on his treatment aboard the trans-Atlantic cruise ship, the USS New York, provided by the Navy.
As many know, Abu Khatallah was captured in a clandestine operation conducted by US special ops aided by shadowy figures from both inside and out of the Libyan power structure who lured him to a villa where US forces made the arrest. Abu Khattallah, designated by the State Department as a global terrorist, was regarded as a prime suspect due to his affiliation with a group he helped to found and known as the Ansar al-Sharia. A fundamentalist militia group that rose to power after the fall of Gaddafi, it has claimed responsibility for the attack against the U.S. Embassy and American school in Tunis, leading the Tunisian government to declare it a terrorist organization. The group has been implicated in attacks against Tunisian security forces, assassinations of Tunisian political figures, and attempted suicide bombings of locations that tourists frequent. Not exactly the kind of guys you bring home to dinner.
Abu Khatallah’s capture was coup for an administration looking to change the dialog on the Benghazi attack which left four Americans dead including US ambassador J. Christopher Stevens. Criticized for everything from the response (or lack thereof) to the attack by US security forces as well as even the characterization of the attack itself, the administration has been attempting to change the narrative since 2012. In his new book, Blood Feud, excerpted by the New York Post, author Edward Klein claims President Obama pressured then Sect’y of State Hillary Clinton to issue a release stating the attack was a spontaneous uprising relating to an obscure internet video criticizing Islam. Knowing the attack coincided with the anniversary of the 2001 attacks on US soil, Clinton bristled. According to Klein, Clinton said, “Mr. President, that story isn’t credible. Among other things, it ignores the fact that the attack occurred on 9/11.” But the president was adamant. He said, ‘Hillary, I need you to put out a State Department release as soon as possible.” Continue reading “Why Do The Republicans Love to Hate Miranda?”
The press has reported on the motion of the Justice Department to drop all charges against my client Dr. Sami Al-Arian. Obviously, we have been seeking this result for years in this case. However, as lead counsel, I am limited in what I can say about the case before the dismissal of all charges. My office is receiving a great number of calls from the media, but I will continue to defer to the Court on the pending motion.
Continue reading “Government Moves To Drop All Charges Against Dr. Sami Al-Arian”
Justice Minister Mohammed Al-Eissa gave the world a chilling lesson on the blind faith that underlies the medieval Sharia system imposed by Saudi Arabia and other Muslim countries. Al-Eissa warned that questioning the Sharia system was akin to questioning God and “Any attack on the judiciary will be considered an attack on the Kingdom’s sovereignty.” That certainly simplifies things. Most people harbor a notion that they can criticize their legal system and call for reforms but Al-Eissa pointed out that their legal system comes from God and is therefore not subject to change on its most controversial parts. “Justice” will continue to be meted out in “Chop Chop Square” (Deera Square, right) in the name of Islam.
In a major (and increasingly rare) victory for privacy, the Supreme Court voted unanimously to require a warrant for police to search cellphones of arrested individuals. Chief Justice Roberts issued a consolidated opinion in two cases: Riley v. California, No. 13-132, and United States v. Wurie, No. 13-212. The second case is another loss for the Obama Administration which fought to strip citizens of privacy over their cellphone records — a consistent attack on privacy by this Administration. The Supreme Court also issued a major ruling in favor of cable companies in American Broadcasting Companies, Inc. v. Aereo, Inc., a decision that may not sit well with the many citizens who despise these companies. I will be discussing these decision on CNN with Wolf Blitzer today.
Continue reading “Privacy Prevails: Supreme Court Unanimously Requires Warrant To Search Cellphones”
There is a new addition to prenuptial agreements that are a rather depressing sign of our times. A “social media clause” is being added to protect married couples from later embarrassing postings if things do not work out. The language of the clause is sweeping and, if you thought prenups took the romance out of marriages, this clause makes the whole enterprise downright scary.
Continue reading “The OMG Pre-Nup: New “Social Media Clause” Is Appearing In Marriage Contracts”
Hillary Clinton clearly a highly intelligent person and also someone who closely follows scripted lines as part of “message discipline” that is the signature of major politicians. It is for that reason that I fail to understand how she can get herself even deeper into her earlier gaffe on being “dead broke” after leaving the White House. Clinton clearly wants to be portrayed as a working stiff and connect to millions of struggling Americans. However, it is falling as flat as Forbes tax rate. As we discussed, leading nonpartisan groups have derided the claim as untrue. What is interesting is that the mainstream media moved quickly past the comment. Now even mainstream outlets like ABC and CNN and Washington Post are shredding Clinton over her most recent comment that average people do not view her as part of the problem of the super rich and that “unlike a lot of people who are truly well off” she and Bill made their tens of millions from the “dint of hard work.”
Continue reading “Clinton Mocked Over Renewed Comments On Her Identification With Working Folk”
By Charlton Stanley, Weekend Contributor
Fifty years ago today, the course of American history changed. It was changed by a few carloads of haters, with law enforcement officers complicit. Murder, pure and simple. It was June 16, 1964 that the Mount Zion Methodist Church was burned to the ground by arsonists. The church offended the Ku Klux Klan because it housed a Freedom School. This was a part of the educational program designed to help black Mississippians register to vote. The attack on the church was not a sneak arson in the wee hours. In fact, Klan members assaulted and beat several African Americans present at the church. Then they set the church on fire, burning it to the ground.
Intelligence gathered later by legitimate law enforcement discovered that the Neshoba County church was not chosen by accident. The attack on the church and the people inside was designed to lure more CORE (Congress Of Racial Equality) volunteers to the area. The Klan was interested in one worker in particular, Michael Schwerner. He had attracted interest as a target, aside from being Jewish, because he had helped with a boycott of Mississippi stores, his Freedom Summer activities, and of course helping set up Freedom Schools around the state. The carefully planned trap worked.
Continue reading “Mississippi Burning, 50th Anniversary of a Crime That Nearly Went Unpunished.”
We have yet another settlement against a police department for the arrest of a citizen for videotaping police in public. We have been following the continuing abuse of citizens who are detained or arrested for filming police in public. (For prior columns, click here and here). Despite consistent rulings upholding the right of citizens to film police in public (most recently here), these abuses continue. New York photojournalist Philip Datz won a $200,000 settlement stemming for his 2011 arrest during which Suffolk County Police Sergeant Michael Milton proclaimed “I’ve been doing this for 30 years. There’s nothing you can hold over my head or anybody out there.”
Continue reading ““There’s Nothing You Can Hold Over My Head”: Suffolk Police Settle Arrest of Photographer For $200,000 in Latest Case Involving Filming of Police In Public”
North Korea remains a fascinating, if disturbing, preoccupation in the world like a country that “time forgot” out of a 1950s film. That image was on display this week when Supreme Leader Kim Jong-un visited the pride of his submarine force — a Romeo class submarine that was abandoned over 50 years ago. As someone who like to follow military history and technology, the sight of a leader on a Romeo class sub is like President Obama riding on Civil War spotter balloon as a demonstration of our continued surveillance capabilities. What is also bizarre is that, after last week giving instructions the North Korean meteorologists on how to make more accurate predictions, the Supreme Leader reportedly taught submariners “new tactics.”
Republicans and rape comments appear to have an almost cyclic regularity with election periods. If you recall, the Republicans were in a strong position last elections when candidates started making bizarre and at times creepy comments — alienating voters and tipping the balance in the Senate.
Now, Republican Maine state Representative Lawrence Lockman appears to have lined up early in the rape theme line (as early as 1995) in addition to extreme statements regarding abortion and homosexuality is under fire for comments he’s made in the media regarding rape, abortion, and homosexuality.
We have been discussing the case of Sarah Jones, former Cincinnati Bengals cheerleader who sued a gossip site, TheDirty.com, after comments appeared from third parties that said that she had sex with half of the football team’s players and had contracted sexually transmitted diseases. (Strangely, the site did not argue that the statement was facially implausible and thus not defamatory since it did not appear in 2010 that anyone could catch anything from the Bengals). Jones, a high school teacher, won a rare $338,000 libel verdict against the site for third party postings. However, the United States for the Third Circuit has reversed the verdict and found that the site is protected under under the Communications Decency Act (CDA) of 1996.
Continue reading “Give me a C – D – A: Sixth Circuit Tosses Cheerleader’s Defamation Lawsuit”
The Supreme Court has handed down a unanimous decision in Susan B. Anthony List v. Driehaus. This is an important case for the free speech community. It involved poorly written Ohio laws that SBA prohibit the use of false statements in campaign advertisements. It allows politicians to harass public interest groups and force them into costly administrative litigation. The case was brought by the pro-life organization, the Susan B. Anthony List (“SBA List”). Associate Justice Clarence Thomas wrote the opinion for the Court in finding that SBA had sufficient injury to bring the challenge, another victory this term for standing this term after years of disastrous rollbacks by the Court that have barred groups from the courts. The SBA case was one of those considered by my Supreme Court class and once again the class got the prediction right and also mirrored the Court on the merits. We voted 8-2 to reverse the Sixth Circuit. We then voted 9-1 in predicting a reversal.