Category: Politics

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

Internet Kill Switch Plan is Killed…For Now.

200px-US_Department_of_Homeland_Security_Seal_svg

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

The Electronic Privacy Information Center recently won the first round of a court action asking that the Department of Homeland Security be required to disclose its plans to pull the plug on regional or national mobile telephone and internet communication systems pursuant to its Standard Operating Procedure 303.

“In the classicly-rendered case, DHS has argued that shutting down entire communication networks might be necessary in order to prevent the detonation of radio-controlled bomb or explosive device.

However, siding with the Electronic Privacy Information Center (EPIC), which brought a suit demanding more transparency for the DHS program known as “Standard Operating Procedure 303” (or SOP303), the federal judge at the US District Court for the District of Columbia ruled that because the release of the protocol could not reasonably be seen as harming law enforcement “investigative techniques or prosecutions” it’s cited reasons for keeping the details of the program secret did not hold up.” Common Dreams

The so-called SOP 303 could allow DHS to cut-off all internet and mobile phone communications at a regional level or a national level if it determined that there was a national security concern.  We have already seen this government tactic used in Oakland in 2011 and that alleged over reach by the Bay Area Rapid Transit authorities may be the reason for EPIC’s lawsuit.  Continue reading “Internet Kill Switch Plan is Killed…For Now.” →

Congress, Constitutional Law, Courts, Criminal law, Environment, Free Speech, International, Justice, Media, Military, Politics, Religion, Science, Society, Supreme Court

Selfish or Sociopath, Does It Make a Difference?

Submitted By: Mike Spindell, Guest Blogger

In recent years many studies have come out  that have made the case that a high proportion of CEO’s of major companies are sociopaths. At the end of this blog I’ll provide a number of links that discuss this, some from major conservative business magazines. We do know that from 1% to 3% of humans are sociopaths sharing all of these 10 characteristics:

#1) Sociopaths are charming. #2) Sociopaths are more spontaneous and intense than other people. #3) Sociopaths are incapable of feeling shame, guilt or remorse. #4) Sociopaths invent outrageous lies about their experiences. #5) Sociopaths seek to dominate others and “win” at all costs. #6) Sociopaths tend to be highly intelligent #7) Sociopaths are incapable of love #8) Sociopaths speak poetically. #9) Sociopaths never apologize. #10) Sociopaths are delusional and literally believe that what they say becomes truth.” http://www.naturalnews.com/036112_sociopaths_cults_influence.html

495px-Donald_Trump_by_Gage_SkidmorePaul_Ryan--113th_Congress--Mitt_Romney_by_Gage_Skidmore_7Now the problem with the definition of Sociopathy is that there can be a good deal of subjectivity in making the diagnosis, absent a clinician interviewing the subject. After all many people are charming, spontaneous, invent lies, try to dominate others and speak “poetically” and that doesn’t make them sociopaths. The subjectivity comes in trying to determine whether a given person is incapable of feeling guilt, shame, remorse and is delusional. A trained clinician may be able to do this via an intensive interview, but the nature of this disorder is such that even a trained clinician can be fooled by a sociopath. Rather than argue back and forth about the negative effects of CEO sociopaths on this society as the root of so much dysfunction, my readings this week suggest another theory that would provide a simpler explanation of why it seems that so many in this country have so little compassion and empathy for the less fortunate among us. We need not deem them sociopaths, but people who are simply removed from the misery that they inflict. The apocryphal story of Marie Antoinette’s “let them eat cake” may well characterize those who control most of this country’s wealth. It may be why some are sincere philanthropists, yet show such disdain and lack a sense of responsibility for the suffering that they cause. Let’s explore this further. Continue reading “Selfish or Sociopath, Does It Make a Difference?” →

Congress, Constitutional Law, Politics, Society

The Fix Is In: Can President Obama Grant An Effective ACA Waiver To Millions Of Disgruntled Citizens?

President_Barack_ObamaPresident Obama is taking a great deal of heat for the cancellations of millions of policies after he repeatedly told citizens that if you like your policy you could keep it. He recently apologized for what seems a classic bait and switch. However, Obama has now announced a fix that raises a more serious question in my mind. Most of us have become used to a relatively high level of dishonesty from our leaders in Congress as well as the White House. This blog has documented whoppers, even perjury, that results in little more than a shrug in today’s political system. However, the “fix” involves the President unilaterally changing that scope and timing of a law. This has been a recurring concern with this President and the rise of the “Imperial Presidency” that he has established within ever-expanding executive powers. I will be discussing this issue today on CNN.

Continue reading “The Fix Is In: Can President Obama Grant An Effective ACA Waiver To Millions Of Disgruntled Citizens?” →

Bizarre, Criminal law, International, Politics, Religion, Society

Oops, Our Bad: Syrian Rebel Group Pulls Wounded Soldier From Hospital, Decapitates Him, And Prances Around With His Head . . . Only To Learn He Is A Rebel Fighter

LiveLeak-dot-com-c8f_1384461393-article-2507424-196AB57900000578-150_634x348.jpg.resizedThe problem with being a murderous religious extremist is when you behead your own allies in one of your blood-soaked celebrations of hate. That is the problem facing the al Qaeda-affiliated Islamic State of Iraq and the Levant (ISIS). The group held one of its signature beheadings with joyous killings and prancing around with body parts only to learn that the victim was a wounded anti-government soldier. Oops.

Continue reading “Oops, Our Bad: Syrian Rebel Group Pulls Wounded Soldier From Hospital, Decapitates Him, And Prances Around With His Head . . . Only To Learn He Is A Rebel Fighter” →

Bizarre, Politics, Religion, Society

A Bit Too Mavericky? Palin Declares Pope Francis To Be A Suspect Liberal

SarahPalin170px-Francisco_(20-03-2013)Former Vice Presidential candidate Sarah Palin is warning people about Pope Francis. Palin told CNN that the Pope’s statements of tolerance and accommodation have “taken her aback” but that she hopes that it is just another misrepresentation by liberal mainstream media. We have discussed how inspiring Pope Francis has proven to Catholics and non-Catholics alike by shedding the trappings of the papacy and living a simple and humble life of a priest. More importantly, he has reached out to gays, atheists and others in a way that is truly historic. In this short time as Pope, he is credited with bringing large numbers of people back to churches in the West. However, Palin is uneasy with the Pope for the very same reasons that people are rallying around him.

Continue reading “A Bit Too Mavericky? Palin Declares Pope Francis To Be A Suspect Liberal” →

Congress, International, Military, Politics

“A March To War”: Pro-Israel Members Close To Scuttling Iranian Agreement With New Sanctions

225px-BenjaminNetanyahuPresident_Barack_ObamaThe Obama Administration is in the midst of an open fight with the powerful pro-Israel lobby in Congress. Israeli Prime Minister Benjamin Netanyahu has denounced negotiations viewed as historic between the United States and its allies with Iran over its nuclear program. The negotiations have attracted international support and are viewed as a rare opportunity after the change in leadership in Tehran. Netanyahu however has called upon the pro-Israel lobby to scuttle the diplomatic efforts by imposing new sanctions against Iran. Despite that fact that new sanctions would eliminate allies and be widely viewed as evidence of bad faith by the United States, AIPAC and AJC easily pushed through the sanctions in the House and they are viewed as making strides in the Senate despite the opposition of the White House.

Continue reading ““A March To War”: Pro-Israel Members Close To Scuttling Iranian Agreement With New Sanctions” →

Academia, Bizarre, Politics, Society

Michigan School Forces Students To Remove Teeshirts Memorializing Schoolmate After Her Death From Cancer

Caitlyn-Jacksoncaitlyn13n-3-webI often express bewilderment at the actions of public school administrators particularly in their enforcement of zero tolerance policies. However, what happened at Lakeview Middle School was not only wrong but a bit creepy in the defense of a senseless policy with Dr. Phil-like pseudo-pyschological rhetoric. When sixth-grader Caitlyn Jackson, 12, died on Saturday, her classmates came up with a wonderful idea of making teeshirts in her favorite colors to honor her on Monday. Students spent the weekend preparing the teeshirts. However, when they arrived, school administrators ordered them to take off the t-shirts or turn them inside out or put tape over Jackson’s name. The reason? After hearing about the preparation of the students over the weekend, they decided it violated a ban on “permanent memorials” and was not healthy of students to be reminded of the loss. Of course, they did not tell parents and waited to traumatize the students at school. Eventually, after an outcry and anger from parents, the students were allowed to take the tape off and wear their teeshirts.

Continue reading “Michigan School Forces Students To Remove Teeshirts Memorializing Schoolmate After Her Death From Cancer” →

Congress, Constitutional Law, Courts, Military, Politics, Society

Pilots File With Supreme Court In Age Discrimination Case

The U.S. Supreme Court
The U.S. Supreme Court
Today, I filed a petition for certiorari with the United States Supreme Court in Adams v. Federal Aviation Administration. The case challenges the Fair Treatment for Experienced Pilots Act (FTEPA) under which senior pilots were stripped of their benefits, seniority, and status. The law included a poison pill provision openly drafted by the Air Line Pilots Association (ALPA) to advantage their members. The ALPA provision was inserted without the knowledge of most members by former Transportation Committee Chairman James Oberstar, a major recipient of ALPA campaign contributions and publicly called “ALPA’s man” in Congress in by the group. The odyssey of that these pilots have faced in the federal courts is a chilling story of how politicians can abuse citizens without fear of political or judicial repercussions. This is now their final appeal in a case that constitutes one of the greatest injustices that I have witnessed in my career. As for Oberstar, he continued to receive contributions ALPA members until he was finally defeated in 2011. For senior pilots, he left a legacy of arbitrary injury to families across the country as a result of his blind actions on behalf of ALPA.
Continue reading “Pilots File With Supreme Court In Age Discrimination Case” →

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

Israeli Mayor Facing Criminal Complaint For Anti-Homosexual Comments

1336072173-0There is growing tension in Israel between Orthodox Jews and the country’s gay community. As gays and lesbians have fought for the recognition of same-sex unions, Orthodox Jews have become equally vocal in fighting against such recognition. Into this volatile environment walked an Orthodox mayor who showed little evidence of intellect and even less judgment. Moshe Abutbul, the Haredi mayor of Beit Shemesh, near Jerusalem, stated categorically in an interview that there are no gay people in his city and that such people should be left to health officials and the police. The comments by Abutbul, a member of the ultra-Orthodox Shas party, resulted in the filing of a criminal charge for incitement. While Abutbul appears a perfect moron, I do not believe that people should face criminal charges for expressing their views — even the absurd thoughts of a hateful religious bigot.
Continue reading “Israeli Mayor Facing Criminal Complaint For Anti-Homosexual Comments” →

Bizarre, Constitutional Law, Courts, Criminal law, Lawyering, Politics, Religion, Society

A Not-So “Good Catholic Fellow” Wins Appeal: Florida Court Orders New Sentencing After Judge Lectures On Catholic Values

TORRES, PERCY EDGARDOA Florida appellate court has ordered a new sentencing for Percy Edgardo Torres, 44, of Jacksonville in light of a tongue-lashing that he received from Judge Russell Healey who used his sentencing to lecture him on his violation of Catholic principles.

Continue reading “A Not-So “Good Catholic Fellow” Wins Appeal: Florida Court Orders New Sentencing After Judge Lectures On Catholic Values” →

Academia, Bizarre, Constitutional Law, Free Speech, International, Media, Politics, Religion, Society

PBUH or Perish: Educators in Pakistan Ban Malala Yousafzai’s Book As Anti-Islamic

211145_228560600543835_941065448_nWe have previously discussed the inspiring story of Malala Yousafzai, who has captivated the world in her struggle after being shot in the head by Muslim extremists for her advocacy of female education. It is a story that appears destined to be read around the world but not in Pakistan where various organizations have banned it from private schools. One educator objected that she referred to the Prophet Muhammad without using the abbreviation PBUH — “peace be upon him.” For that, she is viewed as a dangerous heretic not a heroine.

Continue reading “PBUH or Perish: Educators in Pakistan Ban Malala Yousafzai’s Book As Anti-Islamic” →

Courts, Criminal law, Justice, Politics, Society

A Pinch of Poison, an Ounce of Protection or a Pound of Cure?

Justiceby Gene Howington, Guest Blogger

From Mike Nifong’s mishandling of the Duke LaCrosse case (which led to his disbarment) to the Oklahoma Supreme Court refusing to disbar Robert Bradley Miller for withholding evidence in capital cases and issuing false subpoenas to Angela Corey’s questionable prosecution of the Trayvon Martin shooting (which seemingly had little or no consequences to Corey whatsoever), stories of prosecutorial misconduct are nothing new to this forum. As always, such malfeasance can be driven by a number of factors – political considerations, public and media pressure, laziness, incompetence, and blind professional ambition to name a few. Regardless of the reasons underlying these kind of cases, the salient point is that such bad behavior on the part of prosecutors undermines the credibility of and the faith of the public in the criminal justice system.

This brings us to the case currently in the news of former Texas prosecutor Ken Anderson.

The former Williamson County District Attorney and Judge (appointed by Rick Perry) agreed to a plea deal for criminal contempt of court for failing to turn over exculpatory evidence in the 1987 murder trial of Michael Morton, later exonerated when the conviction was overturned in 2011. Anderson will pay a $500 fine, perform 500 hours of community service work, spend 10 days in jail and lose his license to practice law. As part of the plea deal, charges of tampering with evidence – which carried a potential penalty of 10 years in prison – were dropped.  Is this sufficient punishment for willfully and wrongly sending a man to prison for 24 years? Does this kind of plea further erode public faith in the accountability of those responsible for running the criminal justice system? While this case is being trumpeted as “precedent shattering”, is it really? What can we do about this kind of systemic error?

Continue reading “A Pinch of Poison, an Ounce of Protection or a Pound of Cure?” →

Congress, Courts, Criminal law, Free Speech, Justice, Lawyering, Media, Military, Politics, Society, Supreme Court

Police State America

Submitted By: Mike Spindell, Guest Blogger

Hill_Street_Blues_CastI have written some guest blogs in the past dealing with aspects of the issue of America becoming a Police State and will link to them at the end of this piece. There are so many issues that call for our concern and attention in this country today, that dealing with the entire dysfunctional state of our country becomes daunting due to the wealth of material. Finally, the stories on a given issue multiply in such a way that their effect is a realization across all political lines that enough is enough. The issue of our country’s continuing descent into a”Police State” equaling all we know of the vile systems in the USSR and the former East Germany is an issue that concerns me.. The situation is  dire and the consequences have produced not only horrible injustices, but also the many unneeded maiming and deaths of innocent individuals. Our country imprisons more people per capita than any other country in the world by far. Part of the reason for that is the “War on Drugs” an abject failure that falls most heavily upon people with low incomes and people of color. One such incident caused Professor Turley to pen two blogs this week. They were about a man falsely suspected of drug possession who had all his bodily orifices and cavities checked in the local Arizona police’s vain attempt to find evidence of guilt. None was found and the procedures were not only traumatic, but invasive. Thus the “War on Drugs” is one major contributing force to turning our country into a Police State.

Another contributing Police State factor has been the Federal Government militarizing our local police forces. I’ve written about this as well and will link at those blogs at the end as well. Somewhere along the line, certainly hastened by 9/11 it appeared a necessity to some that are police should be turned from officers of the law into a paramilitary occupying army. There is a great distinction between an officer of the law and a paramilitary trooper. An officer of the law the way I see it, is empowered to enforce the criminal law in ways of lawful conduct that are deemed permissible via our Constitution and Statutes.  Thus an officer of the law should be a citizen like the rest of us and in the performance of their jobs should respect the rights of the citizenry. A paramilitary trooper by definition perceives themselves operating in a hostile environment and so everyone in that environment that is not of their army is a potential “hostile”. This unerringly begets a certain level of brutality when dealing with the populace, because from a paramilitary perspective people are presumed guilty, until they are proven innocent. We have seen and I have documented in guest blogs that vast sums of money have come in from the Federal Government to help create paramilitary SWAT teams. Once created, the uses for these teams multiply far beyond their original purpose, because having a tool inevitably causes its usage. After the split I will discuss yet a third factor that adds to this police state mentality, but first I’d like to express the following. The issue of our country becoming a Police State should not be and is not a partisan issue. Just from the opinions of people who follow this blog and comment, we see general agreement that these police tactics violate our Constitution and our innate sense of propriety. We may not all agree on most aspects of government policy, but I would hope we can agree on the proper manner in which our law officers should enforce the peace. Continue reading “Police State America” →

Congress, Constitutional Law, Courts, Criminal law, Justice, Lawyering, Media, Military, Politics, Religion, Science, Society, Supreme Court

Our Insane War on Drugs

Submitted By: Mike Spindell, Guest Blogger

Harry_Jacob_AnslingerI’m going to use what has become a cliché to open up this piece. “The definition of insanity is doing the same thing that has failed over and over again.” Often clichés are expressions of reality that nevertheless express problems faced by generation generations and generations of human beings. In my opinion “The War on Drugs” is not only an abysmal failure, but has gone a long way towards destroying the social fabric of this country and corrupting the efforts of law enforcement, by manufacturing a “problem” that they are pressured to solve. The idea for writing this came to mind this week at my local drug store. My wife had sent me for a decongestant that contains pseudo-ephedrine to treat a persistent cold. These medications which were formerly as matter of course located in the Cold and flu section are by law now kept behind the prescription counter. To make my purchase I had to produce a driver’s license, whose number was duly entered into a computer and sign an affirmation form digitally. Now since I was a loyal viewer of “Breaking Bad” I understood why this was seen to be necessary by the government. Pseudo-Ephedrine is used in one common formula to “cook” Chrystal Methedrine, or “Speed”. The idea that I, a 69 year old greybeard, should be recorded as a potential cooker of “meth”, is so ludicrous that it caused me to think about the whole process of drug interdiction that is the result of the War on Drugs.

The reach of the War on Drugs goes far beyond the control of formerly non-controlled substances and has affected and limited the way Doctors prescribe for their patients. This prescription oversight ever expands the categories of controlled substances and puts every physician under undue government surveillance. To illustrate the silliness of this, from my own experience, let me relate that in 2010 I underwent 3 major, life-threatening operations within a 4 month period. After each operation which involved cutting my chest open (the middle one was a heart transplant) in the Surgical Intensive Care Unit I was being given unlimited dosages of morphine to deal with my pain. In each instance after an operation, after two days, I would refuse the morphine because it was affecting my thinking and the pain without it was tolerable. In each instance after practically having to forcefully deny the proffered morphine in the morning, my request for Xanax that evening to help me sleep was denied, even though my Surgeon had prescribed it. This required a late hour call to the Doctor on call to prescribe it. The nurse was only following procedure, but the scrupulousness of the procedure is the result of the War on Drugs. Physicians now treating people for various pain symptoms are now under very close scrutiny regarding the medications they prescribe. To me this is nonsensical, given that addicts always find ways to get their drugs no matter what strictures are put into place. What follows is my examination of the premises behind the War on Drugs, its affect on all of us and my solution to this “problem”. Continue reading “Our Insane War on Drugs” →

Congress, Politics, Society

Close Enough For Government Work? Sebellius And The Irrelevance Of Job Performance

220px-Kathleen_Sebelius_official_portraitBelow is my column today on the continuing problems with the Affordable Care Act.  I believe some national health care plan was needed.  However, before passage, I spoke on Capitol Hill and criticized the poor drafting of the Act as well as the constitutional concerns over the federalism issues.  I was most surprised by simply the poor shape of the massive bill.  It was rushed through Congress to avoid having to go back to the Senate after the death of Ted Kennedy.  The result was many poorly considered provisions.  For that reason, I expected (particularly after the expenditure of such a huge amount) that the rollout would be done with particular care. I was shocked by the gross negligence shown by the Administration.  Health and Human Services Secretary Kathleen Sebelius repeatedly assured Congress and the public that the system was ready after almost a half billion dollars in federal funds and years of preparation.  She never informed Congress that her top tech officer (who has now resigned) refused to sign off on the program due to concerns of the lack of full testing and that various experts expressed doubts about the launch.  However, Sebelius and her aides insisted on effectively launching in the blind.  Putting aside how one may feel about national health care, this would seem an objective measure of the lack of performance.  This was the single most important task not just for Sebellius but the Administration and it was a failure.  For those who have fought hard for health care, the failure played into the hands of critics.   Yet, with a program named after a Democratic President, there seems an unwillingness to separate the merits of Obamacare from the poor administration of the rollout of the program. While officials are now profusely apologizing, it seems that (unlike most citizens) high-ranking officials are immune from performance based termination.  That is the subject of the column in USA Today.

Continue reading “Close Enough For Government Work? Sebellius And The Irrelevance Of Job Performance” →