Category: Politics

Criminal law, International, Politics

Mexico Government Commissions Former Vigilante Group Fighting Drug Cartel In Michoacan

By Darren Smith, Weekend Contributor

Flag of MexicoThe government of Mexico demobilized a vigilante group fighting the drug cartel Knights Templar in the State of Michoacan.  The group, consisting of manly ranchers and farmers, was successful in largely expelling the cartel while the government was not able.

At a ceremony in the city of Tepalcatepec, where the group began in February of 2013, uniformed members of the now official Self-Defense Council of Michoacan (CAM) were assigned arms and uniforms.  120 officers were sworn in as a rural police force.

The group’s spokesman, Estanislao Beltran proclaimed. “Now we are part of the government.  Now we can defend ourselves with weapons in a legal way.”

Mexican Army Forces in MichoacanThere are hopes in the government the creation of this new police force will end the lawlessness in the state and the vigilantism of the civilian population.  The federal commissioner for Michoacan, Alfredo Castillo said that action would be taken now against “false self-defense groups” but said of the CAM “[You] will have the responsibility of defending your neighbors from delinquency and organized crime.”

Continue reading “Mexico Government Commissions Former Vigilante Group Fighting Drug Cartel In Michoacan” →

International, Justice, Lawyering, Politics

Lawyer Representing Doctor Accused Of Aiding The US To Find Bin Laden Quits Case After Receiving Death Threats

By Darren Smith, Weekend Contributor

Flag of PakistanIn an interview with the BBC, Lawyer Samiullah Afridi said his defense of Dr. Shakil Afridi Would end due to continual death threats against him over the last two years. Samiulla, who is not related to his client, had at one point left the country out of fear for his safety.

We previously discussed the worsening situation for lawyers in Pakistan defending those accused of infamous crimes and civil rights issues in the Murder of Attorney Rashid Rehman.

Continue reading “Lawyer Representing Doctor Accused Of Aiding The US To Find Bin Laden Quits Case After Receiving Death Threats” →

Constitutional Law, Criminal law, Free Speech, International, Lawyering, Politics, Religion

The Murder Of Rashid Rehman

rashid-rehmanThe legal profession this week lost one of our best and bravest. Pretending to be potential clients in a matrimonial case, two people entered the law firm of Rashid Rehman Khan and shot him to death. Rashid Rehman, a coordinator for the Human Rights Commission of Pakistan (HRCP), had faced death threats for years after he courageously represented a university professor accused of blasphemy. Unable to kill the accused, Islamic extremists appear to have now killed the lawyer. Rehman never flinched in his commitment to the rule of law and to this country.

Continue reading “The Murder Of Rashid Rehman” →

Constitutional Law, Politics, Religion

GW Grad Challenges Georgia’s Ban On Same-Sex Marriage

Michael & Shane, and familyThis week, I had the honor to speaking at the dinner of the Atlanta IP Inn of Court. I was particularly fortunate to spend time with Michael Bishop (shown here in the blue shirt and beard), one of George Washington Law School’s graduates and the incoming president of the Inn. In the course of our conversations, Michael told me about a lawsuit where he is actually a party as opposed to counsel. He and his partner, Shane, are suing for the basic right to marry — a right that is not only forbidden in Georgia but the state constitution goes further to ban the recognition of marriages from other states. The lawsuit is enormously important and well pleaded, as the complaint below attests. It could prove to be an excellent vehicle to again seek Supreme Court review, though that will take a while since it was just filed.

Continue reading “GW Grad Challenges Georgia’s Ban On Same-Sex Marriage” →

Politics, Society

Let Them Eat Ammo: New Hampshire Rep Calls For Allowing Citizens To Buy Guns With Food Stamps

tim-horrigan-dogNew Hampshire Representative Timothy Horrigan (D-Durham) is outraged over what he describes as “a blatant violation of the Second Amendment.” The violation? People on public assistance cannot use EBT cards to buy guns. He is objecting to legislation barring the use of EBT cards for this purpose and denying people on welfare to hunt and defend themselves with guns.

Continue reading “Let Them Eat Ammo: New Hampshire Rep Calls For Allowing Citizens To Buy Guns With Food Stamps” →

Columns, Congress, Politics, Society

GAMING GOVERNMENT CONTRACTS

1399419480000-TURLEYBelow is my column in USA Today on the use of set aside categories based on race, gender, or other criteria for government contracts. While the set aside issue arose in the recent controversy over Braulio Castillo, there are legitimate questions that should be discussed over the efficiencies and equities of the system. There is also the question of self-identification on these issues. Veteran’s status is easier to confirm, though in the Castillo case we saw the definition can be wildly out of whack. However, we have seen controversies involving people who self-identify as having minority status based on questionable basis such as the controversy over Senator Elizabeth Warren who listed herself as a minority due to Native American blood. There is presumably some criteria for such claims when made in government contracts but I am not sure who where that line is drawn. The real question is whether it would not be better for Congress to directly fund programs to help minority groups rather than require special treatment in government contracting. Hopefully, we can have such a debate without rancor and personal recriminations. There are good-faith reasons to debate whether government contracting should be based solely on the best price and product determination in my view. It is not questioning the purpose of this policy but the means used to achieve it.

Continue reading “GAMING GOVERNMENT CONTRACTS” →

Congress, Constitutional Law, Politics, Society

An Unholy Mess: Supreme Court Votes 5-4 In Favor of Christian Prayers At Local Council Meetings

supreme courtGreecelogoIn a blow to secularists and civil libertarians, the Supreme Court voted 5-4 in Greece v. Galloway to allow Christian prayers at a local council. The Court again left little clarity on the standard for future cases in what proved a highly fractured decision. Justice Anthony Kennedy tipped the balance in favor of the Town of Greece with Chief Justice John Roberts, Justice Samuel Alito, Justice Antonin Scalia, and Justice Clarence Thomas. However, his opinion was left in pieces by a series of concurring opinions. Scalia and Thomas specifically bolted over Part II-B of Kennedy’s opinion (except as to Part II–B, concluding that the town’s prayer practice does not violate the Establishment Clause.) Alito wrote a concurring opinion, joined by Justice Scalia. Justice Thomas also wrote a concurring opinion joined by Justice Scalia in part. Even the dissenting justices divided with a Breyer opinion for himself and a dissent by Kagan that was joined by Justices Breyer, Ginsburg, and Sotomayor. In other words, an unholy mess.

Continue reading “An Unholy Mess: Supreme Court Votes 5-4 In Favor of Christian Prayers At Local Council Meetings” →

Academia, Constitutional Law, Free Speech, Media, Politics

California Assembly Moves To Ban Sale Or Display Of Confederate Flag

220px-Confederate_Rebel_Flag.svgCalifornia flagThe California state assembly has passed a new law that will be prohibit the selling or displaying items with an image of the Confederate flag. We have previously discussed the disciplining of students and others over the display of this flag as protected speech. In the same way, this bill raises serious constitutional questions and could trigger a court fight.

Continue reading “California Assembly Moves To Ban Sale Or Display Of Confederate Flag” →

Criminal law, International, Military, Politics

Islamic Militants Seize Over 200 Girls To Be Sold Into Slavery . . . The Nigerian First Lady Reportedly Orders Arrest Of The Woman Leading Protests For The Girls

Screengrab from video obtained by AFP of Boko Haram leader Abubakar Shekau

We have discussed the almost weekly race to the bottom by Islamic extremists who use their faith to justify the most despicable and inhumane acts. However, few can match the atrocities of Boko Haram (“Western education is sinful”) — more properly known as The Congregation of the People of Tradition for Proselytism and Jihad. This Islamic movement in Nigeria, Cameroon, and Niger was founded by Mohammed Yusuf in 2002 and has made murder and church bombings its special signature of faith. However, even the piles of thousands of corpses killed in the name of Allah did not prepare the world for the latest atrocity: the kidnapping of 200 Nigerian girls and an announcement from Boko Haram leader Abubakar Shekau that “I abducted your girls. I will sell them in the market, by Allah.” Reports indicate that many of the girls have been “married” to Boko Haram soldiers. Nigerians are complaining that the government (which receives enormous U.S. and foreign aid) is not working particularly hard to free the girls. President Goodluck Jonathan described the detention as “unfortunate” and “insensitive”. His wife proved more direct. Mrs. Jonathan has reportedly ordered the arrest of Naomi Mutah, a representative of the Chibok community where the girls were seized from their school. So 200 girls are abducted to be sold into slavery by a fanatical Islamic movement and the wife of the president has the woman leading protests arrested.

Continue reading “Islamic Militants Seize Over 200 Girls To Be Sold Into Slavery . . . The Nigerian First Lady Reportedly Orders Arrest Of The Woman Leading Protests For The Girls” →

Congress, Constitutional Law, Courts, Criminal law, Politics, Society, Torts

Airlines Prevail In The Second Circuit In Avoiding Clean Up Costs For 9-11 Attacks

220px-N334AA_B767-223ER_American_MAN_08APR01_(6839074488)220px-Boeing_767-222,_United_Airlines_AN0188143The United States Court of Appeals for the Second Circuit has handed down a major decision on responsibility for 9-11 liability. In a decision by Judge Dennis Jacobs, a panel ruled that American Airlines, United Airlines and the World Trade Center leaseholder are not liable for environmental cleanup costs for the attacks in New York City. It is not the conclusion but the rationale that raises concerns about the immunity decision. The panel ruled that none of these parties were responsible for the attacks because it constitutes an act of war. That rationale negates the obvious responsibility of not just the government in ignored numerous indicators of the attacks but the refusal of the airlines to take rudimentary security changes advocated for years such as secure cockpit doors and flight protocols. The decision is In Re September 11 Litigation, 2014 U.S. App. LEXIS 8293.

Continue reading “Airlines Prevail In The Second Circuit In Avoiding Clean Up Costs For 9-11 Attacks” →

Courts, Free Speech, International, Justice, Media, Politics

Egyptian Judge Wishes Three Reporters A Happy World Press Freedom Day Then Denies Them Bail

By Darren Smith, Weekend Contributor

Flag of EgyptThree al-Jazeera reporters were in court for a hearing in Cairo, Egypt where a judge wished them a Happy World Press Freedom Day before denying them bail and remanding them for further proceedings beginning May 15th.

The defendants, al-Jazeera English’s Cairo Bureau Chief Mohamed Fahmy, Reporter Peter Greste, and Producer Baher Mohamed have been incarcerated since December and are accused of creating false news, slandering Egypt’s reputation, and aiding terrorists. Prosecutors have been attempting to show that al-Jazeera is aiding the banned organization the Muslim Brotherhood, which is considered an enemy of the state.

Continue reading “Egyptian Judge Wishes Three Reporters A Happy World Press Freedom Day Then Denies Them Bail” →

Constitutional Law, Courts, Justice, Politics, Society

The Arizona Solar Tax and Who Benefits From It

300px-Solar_Plant_kl

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

When I think of places that would be ideally suited for taking advantage of solar power, Arizona is high on the list.  There are approximately 20,000 Arizona buildings utilizing solar collection technology to replace or supplement normal power sources. However, that number may soon decrease if a new “solar tax” is implemented.

“A new interpretation of state law in Arizona could force customers to pay property taxes on leased solar panels. In a state with an estimated 20,000 solar customers and 85 percent of new solar installations being leased systems, the implications of an extra charge are tremendous. The new tax could result in an additional $152 per year for a residential solar array and even more for larger installations, the Arizona Republic reported. What’s more, the tax would apply to both new and existing customers.” Think Progress

At first glance, I guess it should not surprise anyone that a new tax may be initiated.  However, when that tax is a tax on solar panels on commercial and residential buildings and includes solar panel arrays that are leased, it raised some eyes in Arizona.  Why would the State of Arizona decide on a tax on the collection of power of the sun?  The answer may surprise you. Continue reading “The Arizona Solar Tax and Who Benefits From It” →

Constitutional Law, International, Military, Politics

Increasing Support In Japan For Changing Pacifism Article In Constitution

By Darren Smith, weekend contributor

Flag of JapanJapanese voters are split over changing the country’s pacifist constitution, in order to allow Japan to ease limits on the military, according to a recent poll. About 50 percent of voters want Japan to be able to exercise its right to self-defense in case of an international conflict, while almost 90 percent of lower house lawmakers back the change.

The survey was made by the Asahi newspaper and a University of Tokyo research team. It showed that half of the voters want the revising of the constitution, up from 41 percent in 2009.

Japan’s prime-minister Shinzo Abe made clear he wants to change the constitution in order to give more power to the military. The constitution has never been changed since it was drafted by the United States Occupation forces in 1947, after the World War Two.

Continue reading “Increasing Support In Japan For Changing Pacifism Article In Constitution” →

Free Speech, International, Media, Politics

May Third Is World Press Freedom Day

World Press Freedom Day
By Darren Smith, Weekend Contributor

In honor of the day first proclaimed by the United Nations General Assembly in 1993 at the recommendation of UNESCO, and to garner attention to how press freedom fares twenty years later, Deutsche Welle has compiled a series highlighting the issues journalists and the public generally are facing.

Continue reading “May Third Is World Press Freedom Day” →

Congress, Courts, Politics, Society

Congressman Calls Clarence Thomas An “Uncle Tom” While Few Denounce The Race-Based Attack

220px-Clarence_Thomas220px-Bennie_Thompson,_official_portrait,_111th_CongressI have been a long critic of many of Justice Clarence Thomas’ opinions which often reject basic individual rights while embracing police and national security powers. However, I believe that Thomas is often treated unfairly for being a black conservative on the Court. While others like Justices Alito, Scalia, and Roberts routinely vote along the same lines, Thomas’ race is commonly cited in commentary while that is not a factor in the other justices on the right of the Court. This unfairness was vividly shown by the comments of Democratic Rep. Bennie Thompson (D-Miss.) that Thomas is an “Uncle Tom” and suggested that he was not an authenticate black person. He has refused to retract or apologize of the attack. In the meantime, Democrats are uniformly silent in the face of this uncivil and outrageous attack.

Continue reading “Congressman Calls Clarence Thomas An “Uncle Tom” While Few Denounce The Race-Based Attack” →