Category: Politics

Criminal law, Politics, Society

Oy Gevalt! Major Corruption Trial Halted In New York Due To Lack Of Yiddish Translators

220px-New_York_State_Senator_Malcolm_Smith_2009_cropped300px-Machzor

Judge Kenneth M. Karas of United States District Court had declared a mistrial in the bribery and fraud trial of Sen. Malcolm A. Smith on a less than common objection: a lack of Yiddish translators. Smith was the Democratic majority leader and the minority leader of the State Senate. He is accused of working with a developer to give out envelopes of cash and gifts to leading Republicans to engineer a run on the Republican side for mayor to avoid a crowed Democratic field. His attorneys discovered 70 hours of taped conversations that were not disclosed by the prosecution — a third of which was in Yiddish. However, those wiretapped conversations could not be translated due to a lack of translators. That led to a kvetsh and a motion for mistrial. While the government argued that the defense was having a plotz for no reason, they looked like a bunch of shlemiels.

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International, Politics, Religion

Presbyterians To Divest In Israel

Presbyterian_Church_(U.S.A.)Emblem_of_Israel.svgWe previously discussed the growing boycott of Israel by various academic, political, and business groups. On Friday, another major organization joined the movement. The Presbyterian Church voted — by a razor thin margin of 310-303 — to join the boycott. The Church only has about $21 million in investment capital so this is not a significant financial hit for the Israeli government but the vote carried obviously considerable symbolic value for the boycott movement and could further damage tourism for Israel.

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Columns, Congress, Politics, Society

THE R-WORD: ANOTHER FEDERAL AGENCY GOES OUT OF BOUNDS

350px-Washington_Redskins_logo.svguspto-logoBelow is my column in the Sunday Washington Post on the stripping of the trademark protection from the Washington Redskins. The decision effectively negates a decision in 2003 by the Trademark Trial and Appeal Board that barred a challenge to the Redskins name on the basis that such a challenge had to have been made soon after the Redskins registered their nickname in 1967. In 1999, another court issued a similar ruling. This use of the trademark laws creates a dangerous slippery slope as the agency identifies names that it considers disrespectful. House Minority Leader Nancy Pelosi celebrated the decision as sanctioning “disparaging or offensive names” and added “[w]hile we respect the right to free speech, slurs have no right to trademark protections.” But what of other “slurs” that reference ethnicity like the Atlanta Braves or the combative Kansas City Chieftains. There is also the cartoonist grinning Chief Wahoo of the Cleveland Indians. These teams have critics who say that the names and images are offensive. What is the objective line to distinguish such teams? The column focuses on the highly ambiguous standard in the federal law that would seem to make a vast array of marks as potentially violative and unprotected.
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Congress, International, Military, Politics, Science

Forty Billion Dollar Failure

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

Forty Billion Dollars is a heck of a lot of money.  It seems like an even larger number when you realize that just one defense program spent that large sum, and it has arguably been a disaster.  I am talking about the highly political missile defense system program.  You have probably heard about that program.  It is supposed to stop any wild-eyed dictators from successfully sending any ICBM’s into our air space.  It may just be an amazingly expensive pipe dream! Continue reading “Forty Billion Dollar Failure” →

Criminal law, International, Politics, Religion

Pope Francis: Mafia Members Will Be Excommunicated

Unknown120px-Pope_Francis_in_March_2013_(cropped)I have previously expressed my admiration for Pope Francis and his extraordinary reforms of the Catholic Church. As someone of Sicilian descent, that admiration has grown even further today after reading the Pope decision to excommunicate Italian Mafia members. On Saturday, the Pope declared “Those who in their life have gone along the evil ways, as in the case of the Mafia, they are not with God, they are excommunicated.”

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Congress, Constitutional Law, International, Military, Politics

Obama: I Need No Congressional Approval To Go Back To War In Iraq

President_Barack_Obama220px-B-2_spirit_bombingWe have been discussing the growing concerns over President Barack Obama’s series of unilateral actions in ordering agencies not to enforce law, effectively rewriting laws, and moving hundreds of millions of dollars from appropriated purposes to areas of his choosing. One of the greatest concerns has been his unchecked authority asserted in the national security area. I previously represented members of Congress in challenging Obama’s intervention in the Libyan civil war without a declaration from Congress. In the case, President Obama insisted that he alone determines what is a war and therefore when he needs a declaration. Since the court would not recognize standing to challenge the war, it left Obama free to engage in war operations in any country of his choosing. As with his approach in Libya, Syria and other combat operations, President Obama declared this week that he does not need any approval or even consultation with Congress if he decides to commit us again to war again in Iraq.
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Bizarre, Media, Politics, Society

Meet Rep. Larry Lockman: Maine Republican Asks Why Women Should Be Able To Get Abortions But Men Not Be Able To Rape Them

Lockman2012Republicans 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.

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Congress, Constitutional Law, Courts, Criminal law, Free Speech, Media, Politics, Society

Supreme Court Rules In Favor Of Challenge To Ohio’s Criminalization of False Political Statements

supreme court220px-Clarence_ThomasThe 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.

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Criminal law, Politics

Former Utah Attorney General Denounces Police For “Dirty Harry” Tactics

220px-Mark_ShurtleffWhen I first met Mark Shurtleff, he was Utah Attorney General leading the case against my clients, the Brown family in the Sister Wives case. After years of abusive investigations and public statements, we challenged the state criminalization of polygamy and Shurtleff fought to defend the law. Shurtleff is now on the opposite side of the line and has decried the treatment of his own family in the investigation of his own alleged wrongdoing. Shurtleff angrily denounced the Utah law enforcement as basically thugs engaging “Dirty Harry” tactics in a raid on his home.

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Congress, Constitutional Law, Media, Politics, Society

A Clinton Spin or a Gross Misunderstanding? NPR’s Terry Gross Confronts Clinton on Long Opposition To Same-Sex Marriage

225px-Hillary_Clinton_official_Secretary_of_State_portrait_crop200px-Terry_GrossWe have been discussing the disconnect between the parties and the voters this year. The voters have made clear that they (1) detest the ruling elite and (2) want real change. The two parties controlling our duopoly have thus far responded with the Democrats virtually pre-nominating Hillary Clinton (with Joe Biden as a contender and the Republican leaders pushing for Jeb Bush. The process of reinvention has begun. Clinton has been a fascinating case study. Recently, she came out and said that her Iraq War vote was a “mistake” but that she has learned the truth over the years (despite refusing to listen to many who opposed the war at the time). Now, she is claiming the same gradual realization that gays and lesbians deserve equal rights in marriage. Usually in Washington media, politicians are allowed to make a spin, refuse to answer a question, that the media simply meekly fades away. As shown in the video below, however, this time Clinton was facing NPR icon Terry Gross who persisted in trying to unravel what she viewed as spin. While unfailingly polite, Gross kept returning to question of why Clinton for so many years did not support same-sex marriage. Eventually, Hillary expressed discomfort if not anger at the continued questioning. Putting aside the merits, most of us were shocked for another reason. There was a reporter who actually refused to let a politician duck and spin in an interview. It was like seeing a Phoenix rise in Washington journalism.

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Politics, Society, Torts

Wenatchee, Washington City Council To Reconsider Prohibition of Marijuana Retailers After Lawsuit Filed

By Darren Smith, Weekend Contributor

Marijuana LeafCity of Wenatchee LogoWe reported last week of the City of Wenatchee prohibiting state licensed marijuana retailers and as a result a future retailer filed a civil suit against the city in Superior Court. It appears now the city council is trying to reverse its earlier position.

On Thursday of this week, the council held a public meeting after an executive council possibly discussing legal issues the city might face. During the public portion a majority of council members voted to direct the city attorney to draft an amendment to the ordinance that would omit a clause in the business licensing ordinance requiring businesses be compliant with federal law to be permitted to operate in the city.

One can probably surmise what instigated the city to have a change of heart, but the American Civil Liberties Union stated recently they would join the plaintiff’s case and were prepared to take the matter to the U.S. Supreme court.

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Columns, Constitutional Law, Criminal law, Lawyering, Military, Politics

Where To Go With Bowe? A Bergdahl Trial Could Raise Some Familiar Defenses

305px-USA_PFC_BoweBergdahl_ACU_CroppedBelow is my column yesterday in the Chicago Tribune. It remains unclear whether Bowe Bergdahl will be charged. However, the allegations are mounting over his disappearance from his base. This column explores some interesting possible defenses and their historical context. Bergdahl returned this week to the United States, a move that will likely magnify these questions for the Administration.

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International, Military, Politics, Society

Once Again Into The Breach: U.S. Shipping More Weapons and Preparing More Military Aid To Iraq

??????????????????6286571246_4906fa443e_bThe United States is mulling further intervention in Iraq as government forces flee Al Qaeda-linked insurgents and the country appears teetering on chaos. While the Administration is not ready to commit boots on the grounds, we may be moving toward a further influx of hundreds of millions or billions in military aid and even air strikes. As ISIS insurgents are seizing U.S. weaponry, the U.S. has already started to flood the country a new massive shipment of new free weapons.

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Politics, Society

Our Whey Or The Highway: Artisan Cheese Makers Protests Administration Rule That Would End Centuries Old Cheese Making Techniques

Cheese_market_BaselSmall cheese makers are outraged over a new agency order from Food and Drug Administration (FDA) that has hit the industry like a thunderbolt. Monica Metz, Branch Chief of the FDA’s Center for Food Safety and Applied Nutrition’s Dairy and Egg Branch, issued an order that appears to end the centuries old practice of aging cheese on wooden boards. Banning the use of wood would threaten the American artisan cheese industry and could even bar some of the most prized imported cheeses. Worse yet, small cheese makers say that the new rule favors large manufacturers like Leprino and Kraft and Metz happens to be a former Leprino employee. [Update: The FDA appears to be backing off Metz’s statement and now denies that there is a new policy.]

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Criminal law, Politics, Society

Mother Of Seven Dies in Jail While Serving Sentence For The Truancy Of Her Children

SchoolClassroomWe have previously discussed the move in some states to jail parents of truant children. It is part of the criminalization of America where pet peeves of politicians are ramped up to criminal offenses to make a point. Now, Eileen DiNino, 55, of Reading, Pennsylvania has died while serving one of these ridiculous sentences. The mother of seven died in jail after serving half of her 48-hour sentence.

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