Category: Politics

Politics, Uncategorized

“The Guardian” Reveals the State Policy Network’s Coordinated Effort for 2014—An Assault on Education, Taxes, Healthcare, and Workers

Submitted by Elaine Magliaro, Guest Blogger

In November, I wrote a post titled State Policy Network (SPN)—The “PR Firm” for ALEC and a Right-Wing Agenda. According to the Center for Media and Democracy, SPN “is funded largely by global corporations and by groups and foundations associated with conservative billionaires David and Charles Koch.” Journalist Jane Mayer provided a good description of SPN in her article Is IKEA the New Model for the Conservative Movement?—which appeared in The New Yorker this past November.

Mayer:

In every state in the country, there is at least one ostensibly independent “free-market” think tank that is part of something called the State Policy Network— there are sixty-four in all, ranging from the Pelican Institute, in Louisiana, to the Freedom Foundation, in Washington State. According to a new investigative report by the Center for Media and Democracy, a liberal watchdog group, however, the think tanks are less free actors than a coördinated collection of corporate front groups—branch stores, so to speak—funded and steered by cash from undisclosed conservative and corporate players. Although the think tanks have largely operated under the radar, the cumulative enterprise is impressively large, according to the report. In 2011, the network funnelled seventy-nine million dollars into promoting conservative policies at the state level.

The Guardian newspaper has dug up more information about the workings of SPN…and its plans for 2014. The paper published an article on the subject entitled State conservative groups plan US-wide assault on education, health and tax just last week. According to Ed Pilkington and Suzanne Goldenberg, the authors of the article, SPN and its affiliated conservative groups/”think tanks” are planning “a co-ordinated assault against public sector rights and services in the key areas of education, healthcare, income tax, workers’ compensation and the environment…”

Continue reading ““The Guardian” Reveals the State Policy Network’s Coordinated Effort for 2014—An Assault on Education, Taxes, Healthcare, and Workers” →

Congress, Constitutional Law, Justice, Media, Politics, Society, Uncategorized

Revamp the Federal Reserve

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Respectfully submitted by Lawrence E. Rafferty (rafflaw)-Guest Blogger

This past week the main stream media made a big deal about the unemployment rate declining to the five-year low of 7%.  While it was good news that over 200,000 jobs were added to the economy and that the unemployment rate decreased, the economy and main street are still lagging behind Wall Street.  The Federal Reserve has been attempting monetary easing strategies in an effort to stimulate the economy.  It may have worked for Wall Street, but the rest of us are still catching up.

“The Federal Reserve is the only central bank with a dual mandate. It is charged not only with maintaining low, stable inflation but with promoting maximum sustainable employment. Yet unemployment remains stubbornly high, despite four years of radical tinkering with interest rates and quantitative easing (creating money on the Fed’s books). After pushing interest rates as low as they can go, the Fed has admitted that it has run out of tools.” Ellen Brown  Continue reading “Revamp the Federal Reserve” →

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

Cheap Justice, Bad Law = Broken System

Submitted By: Mike Spindell, Guest Blogger

USDistrictCourtSealMany blogs have been written here that deal with the phony “War on Drugs” and the negative effects it has on society, particularly those lacking resources, or being people of color. This piece is not about the “War on Drugs”, but this ridiculous “war” has actually driven the abuses of our criminal justice system that is my topic today. Because the “War on Drugs” provides context for this subject I’ve included links at the bottom that supply the context behind my opinions here. Human Rights Watch produced a report this week about how most defendants in Federal drug cases are forced to plead guilty under the threat of the imposition of a mandatory sentence. I read an article in Huffington Post referencing this study and it immediately brought to mind two aspects of law enforcement and prosecution today that raise my ire.

The first is the process of plea bargaining, which I believe makes a mockery of our Criminal Justice System. The second is the concept of Mandatory Minimum Sentencing (MMS) which in my opinion leads inevitably to miscarriages of what we would like to call justice. The idea of negotiation, bargaining if you will, is that each of the two sides has the ability to provide enough of value to be able to establish a mutually beneficial contract. Clearly though when it comes to a Prosecutor bargaining with a defendant there is, except in the case of the wealthy/powerful, an unequal negotiation. The Prosecution has the authority and resources of the State backing it up. Most defendants and indeed most people in prisons, have little resources. In the public’s (thus jury’s) mind, most defendants are really guilty until proven innocent, despite the “presumption of innocence” that is supposedly a hallmark of our legal system.  Adding immeasurably to the Prosecution’s resources are “Mandatory Minimum” sentences (MMS). They were instituted by legislators who wanted to appear “tough on crime” and so represent drastic solutions to punishment needs, in order to appear as “tough” as possible. With the trump card of MMS prosecutors are in a position to threaten a defendant to “cop a plea” to avoid a more draconian prison sentence. The Human Rights Watch study shows how these two procedures have become a feature of American Criminal Justice that in my opinion makes a mockery of it. Continue reading “Cheap Justice, Bad Law = Broken System” →

Bizarre, Criminal law, Politics, Society

New York Police Respond To Unarmed Disoriented Man in Traffic By Shooting Two Innocent Women . . . Prosecutors Charge Man With The Police Shootings

copshoot-1-1On September 14, Glenn Broadnax, 35, allegedly jumped in front of cars in New York’s Time Square. He was reportedly disoriented and, according to his counsel, was communicating with dead relatives in his mind. However, two police officials feared that the unarmed Broadnax was reaching for a weapon. They responded with a barrage of gunfire that cut down two bystanders. Now, prosecutors have charged Broadnax with assault for the shootings by the police officers on the theory that “recklessly engaged in conduct which created a grave risk of death.”

Continue reading “New York Police Respond To Unarmed Disoriented Man in Traffic By Shooting Two Innocent Women . . . Prosecutors Charge Man With The Police Shootings” →

Bizarre, Courts, Criminal law, Lawyering, Politics, Society

“Our White World”: Illinois Prosecutor Faces Charges After Race-Baiting Comments In Murder Trial

CT MET-AJ-GARNATI.jpgOn the death of Nelson Mandela, the case of Williamson County State’s Attorney Charles Garnati before the the Illinois Attorney Registration and Disciplinary Commission would seem to confirm just how much work has yet to be done. Garnati has been called to account to an argument in a murder trial that contrasted the black defendant with people “in our white world.”

Continue reading ““Our White World”: Illinois Prosecutor Faces Charges After Race-Baiting Comments In Murder Trial” →

Criminal law, Environment, International, Politics

Mexican Police Find Missing Containers Of Cobalt-60

220px-Cobalt-60_While politicians continue to push for wars in places like Syria to stop the spread of weapons of mass destruction, they tend to ignore the much greater amounts of radioactive material available in this and neighboring countries at hospitals and other institutions. This week we saw just how easy it is to acquire such material capable of being used as a weapon. Thieves simply hijacked a truck with medical waste that would have allowed them to create a potent radioactive dirty bomb. It was a mistake and they likely paid for the mistake with their lives.

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Bizarre, Congress, Constitutional Law, Media, Politics

Hearing Or Elephant? Washington Post Portrays Republicans At Presidential Abuse Hearing As Impeachment Obsessed

220px-Republicanlogo.svg220px-Washington_Post_buildingThe Washington Post has a controversial take on yesterday’s hearing in its coverage by Dana Milbank. The hearing raised the serious question of a pattern of allegedly unconstitutional actions by President Obama in either barring enforcement of federal law or directly violating those laws. However, the Washington Post only reported on the fact that impeachment was raised in the hearing in the discussion of the constitutional means left to Congress to address presidential abuse. Republicans object that the Post piece misses 99 percent of the hearing detailing the rise of an imperial presidency under Obama and four hours of discussion of the dangerous shift of power in the tripartite system. Impeachment or presidential abuse. It seems that two hearings occurred simultaneously. Both sides appear to be claiming the other is blinded by bias. The Milbank and Republican accounts appear a modern version of the parable of the elephant and the six blind men.

Continue reading “Hearing Or Elephant? Washington Post Portrays Republicans At Presidential Abuse Hearing As Impeachment Obsessed” →

Bizarre, Criminal law, Politics, Society

You Have The Duty To Remain Silent . . . : Dallas Police Officers Barred From Making Statements For 72 Hours After Shootings To Review Videotapes and Other Evidence

Chief_Brown_-_Dallas_PDThere is an astonishing story out of Texas where the Dallas Police Chief David Brown quietly changed a rule that would require officers involved in a shooting to wait 72 hours before making a statement. There is no cognizable public interest behind such a rule, but it comes after a scandal where a surveillance video showed one of Brown’s officers shooting a mentally ill suspect for no apparent reason. The video contradicted the officer’s testimony and undermined the charge against the victim. Brown’s solution was not greater disciplining and monitoring of officers but to impose a delay to allow officers to craft their statements.

Continue reading “You Have The Duty To Remain Silent . . . : Dallas Police Officers Barred From Making Statements For 72 Hours After Shootings To Review Videotapes and Other Evidence” →

Academia, Congress, Constitutional Law, Courts, Politics, Society, Supreme Court, Testimony

House Judiciary Committee To Hear Testimony On President Obama’s Authority To Suspend Or Change Federal Laws

260px-capitol_building_full_viewThis morning I will testify in Congress before the House Judiciary Committee on “The President’s Constitutional Duty to Faithfully Execute the Laws.” The hearing will address areas where President Obama has ordered the delay or nonenforcement of federal laws. While I happen to agree with some of these policies, I have great reservations about this record and its implications for the separation of powers.

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Congress, Constitutional Law, Courts, Politics

Judicial Appointments and Bad Faith

 By Mike Appleton, Guest Blogger

“Despite suggestions by the President, various Senators, and numerous commentators that the Senate has a constitutional obligation to act on judicial nominations, the text of the Constitution contains no such obligation.“

-Adam J. White, “Toward The Framers’ Understanding of ‘Advice and Consent’: A Historical And Textual Inquiry,” 29 Harvard J. Law & Pub. Pol. 103, 147 (2005)

“… [T]he constitutional obligation to provide advice and consent in the judicial appointment process should be seen as a nondiscretionary duty constitutionally imposed upon the Senate and enforceable by the judiciary.” 

–Lee Renzin, “Advice, Consent, and Senate Inaction-Is Judicial Resolution Possible?”, 73 N.Y.U. L. Rev. 1739, 1751 (1998) 

The Constitution requires no more than a bare majority of the Senate to approve a judicial nominee.  How do we know this?  First, there are only five situations in which the Constitution mandates super-majority approval: conviction of an impeachable offense (Article I, Section 3); expulsion of a member of Congress (Article I, Section 5); overriding a presidential veto (Article I, Section 7); approval of a treaty (Article II, Section 2); and the convening of a constitutional convention (Article V).  Second, under a familiar rule of statutory construction known as “expressio unius est exclusio alterius,” the failure to include a super-majority vote requirement in the Appointments Clause means that no such requirement exists.

Nevertheless, the Senate has been able to transform its “advice and consent” function under the Appointments Clause into a sixth super-majority approval standard through its power under Article I, Section 5 to establish “the Rules of its Proceedings.”  And the consequences have been more strongly felt during the current administration than at any other time in our history, Continue reading “Judicial Appointments and Bad Faith” →

Congress, Constitutional Law, Courts, Criminal law, Free Speech, International, Justice, Lawyering, Military, Politics, Society, Testimony

Kangaroo Commissions and Torture

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Respectfully submitted by Lawrence E. Rafferty (rafflaw)-Guest Blogger

The five alleged 9/11 defendants currently being held at Guantanamo Bay where they have been detained since 2006, are currently preparing their defenses for trials that are scheduled for September 2014.  All five defendants have been subjected to what the United States government called enhanced interrogation techniques at CIA black sites even before they got to Gitmo. Continue reading “Kangaroo Commissions and Torture” →

Constitutional Law, Courts, International, Politics, Religion, Society

Rabbinical Court Fines Mother $150 A Day Until She Agrees To Circumcise Son

250px-Covenant_of_AbrahamWe have often discussed the lack of separation of temple and state in Israel as well as the control of religious figures on aspects of public life. A story this week vividly illustrates the problem. A rabbinical court has fined a woman hundreds of dollars for refusing to circumcise her baby son and thereby endangering her child. Many doctors are questioning the necessity and value of circumcision, which is generally left up to the parents. However, this is an issue with both religious and medical importance in Israel. The mother was fine $150 dollars every day that the boy was left uncircumcised.

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Congress, Constitutional Law, Criminal law, Free Speech, International, Military, Politics, Society

Obama Administration Gathering Records on Porn Site Usage To Use Against People Viewed As Radical

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We have previously discussed how Barack Obama has become the president that Richard Nixon always wanted to be. From his Administration’s comprehensive attack on privacy and civil liberties, investigation of journalists, to his claim of unilateral authority to kill citizens, Obama has created an Imperial Presidency that could haunt this nation for generations. He has succeeded with the silent acquiescence of many liberals and Democrats who have embraced personality over principle in continuing to support his Administration. Now, a new report documents how the National Security Agency under Obama has been gathering records of online sexual activity and evidence of visits to pornographic websites to be used as part of a proposed plan to harm the reputations of people consider radicals. The obvious comparison to Nixon is only dwarfed by the comparison to J. Edgar Hoover, but again the silence is deafening from the Democrats. In the meantime, the so-called “reforms” of the NSA as expected would preserve the massive data-gathering programs of the agency — as guaranteed by such “reformers” as Dianne Feinstein.

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Bizarre, Politics, Society

TSA Spends Roughly $1 Billion On Program That Resulted In One-Half Of One Percent Of Arrests For Identified Passengers

240px-tsa_-_logoWe have been discussing how, while cutting educational, environmental, and scientific programs, Congress continues to spend wildly on defense and national security regardless of documented waste or failures. Even titanic failures do not result in discipline or termination for officials. Given this record, the behavior detection program of the Transportation Security Administration (TSA) must be viewed as a relatively success. TSA has spent roughly $900 million over the last 5 years for behavior detection officers to identify high-risk passengers. The result? One-half of one percent of flagged travelers were arrested and the number of terrorists was zero.

Continue reading “TSA Spends Roughly $1 Billion On Program That Resulted In One-Half Of One Percent Of Arrests For Identified Passengers” →