Category: Politics

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

What Happened to Michael Hastings?

Submitted By: Mike Spindell, Guest Blogger

Michael_Hastings_election_night_2012As erudite and informed as I pretend to be, the fact is that there is much that is important that I either miss, or fail to see any significance in. The death of investigative reporter Michael Hastings showed me that because my first reaction to the news flash was “who is Michael Hastings?” Reading further into the story I discovered that he was the reporter who brought down General William McChrystal and that he was considered to be one of America’s premier investigative journalists. As I read that original story, the thought occurred to me that possibly Hastings’s death in an auto “accident” was not simply a case of reckless driving, but I initially dismissed that as merely the operation of my cynical mindset.  Nevertheless, the thought nagged at the back of my consciousness and then I saw a story on http://whowhatwhy.com/ , my favorite investigative website, run by the renowned Russ Baker. The stories title: “The Michael Hastings Wreck-Video Evidence Offers a few Clues”     http://whowhatwhy.com/2013/07/14/the-michael-hastings-wreck-video-evidence-offers-a-few-clues/

For my own benefit and perhaps yours, I’ve done a little research into who Michael Hastings was and what he did that deserves attention. I explore the possibility that his death was no accident. I admit that I have no proof beyond speculation. Hopefully I can give you enough information to make your own judgments. In a world where American Presidents openly arrogate to themselves the right to kill people deemed enemies of the United States, all things suddenly become possible. When the basic right of habeas corpus can be denied to American citizens, based upon unproven allegations of their being threats to this country, isn’t it possible for those with the power to detain and to eliminate individuals, to make decisions as to someone’s existence doing harm to this country? Finally, doesn’t this unconstitutional expansion of powers give individuals with government connections the leeway to take revenge on those who expose them? While I’m not privy to knowledge of the actions of those in power and can claim no inside information, I certainly can speculate based on the experience of my lifetime. This then is my speculation about the death and life of Michael Hastings in the context of current life in these United States. Continue reading “What Happened to Michael Hastings?” →

Constitutional Law, Criminal law, Justice, Lawyering, Politics, Society

The Stand Your Ground Law And The Zimmerman Trial

President_Barack_ObamaLast night, I appeared again (here and here) on the PBS Newshour to discuss President Barack Obama’s comments about the Zimmerman trial.  While I usually do not intrude on our weekend guest bloggers, I have received a few emails about a comment that I made about the Stand Your Ground law.  I was commenting on the President’s statement that we need to reexamine the Stand Your Ground law and noted that the law was not in play at the trial.  This led to a few emails objecting that I had ignored the jury instructions that they claim imposed the standard of the SYG law on the jury. I disagree and wanted to briefly explain.  Most were civil and insightful and I thought, after our exchange, it would be good to post a brief discussion on this insular issue from the trial.  There are important things to discuss in the aftermath of the verdict, as the President said, but we should be clear about our view of the underlying legal standards and trial record.

Continue reading “The Stand Your Ground Law And The Zimmerman Trial” →

Constitutional Law, Criminal law, Politics, Society

Portland: A Citizen Can Be Handcuffed, Locked Into Car, And Driven To A Different Location But Still Not Be “Under Arrest”

220px-Don't_jay_walk_1937The Portland police and City Attorney are making an argument in federal court this month that gives another glimpse into the increasing claims of authority of police in our society. Scott Miller was stopped for jaywalking by Officer Dean Halley in 2010 and admitted that he committed the common violation of pedestrians. The officer however proceeded to handcuff him, tell him “you’re under arrest,” throw him into the back of a cruiser and then drove him a block away. He was in custody for about 30 minutes, but Deputy City Attorney William Manlove is arguing that citizens cannot sue because such acts do not constitute an actual arrest. They are something between a chat and custody, but not an arrest for purposes of legal action.

Continue reading “Portland: A Citizen Can Be Handcuffed, Locked Into Car, And Driven To A Different Location But Still Not Be “Under Arrest”” →

Criminal law, International, Politics, Society

Chinese Law Professor Condemned After Suggesting Rape Of Bar Hostess Is Less Serious Than A Girl From A Good Family

li-shuangjiang-li-tianyiMy friend and colleague, Professor Don Clarke, does terrific work over at his Chinese Law Blog and has an extraordinary story this morning. A Chinese Law Professor is in hot water after making a series of statements about rape that truly shock the conscience. Tsinghua Law prof Yi Yanyou comments on the rape case of Li Tianyi, the son of a famous singer who is accused of raping a bar hostess. Yi pointed out that raping a bar hostess is not as bad as a real rape of a nice girl from a nice family. The response was predicable and justified. What is astonishing is that Yi doubled down on his theory of different categories of rape victims when people objected.

Continue reading “Chinese Law Professor Condemned After Suggesting Rape Of Bar Hostess Is Less Serious Than A Girl From A Good Family” →

Lawyering, Politics, Society

Zimmerman Prosecutor Angela Corey Under Fire For Alleged Professional Breaches

AngelaCoreyI have previously stated that I believe that Zimmerman prosecutor Angela Corey over charged the case as second degree murder and in my view contributed heavily to the defeat in the case. What many people described as the evidence for conviction is actually evidence of manslaughter. Had the case been framed as manslaughter or negligent homicide, it might have turned out differently. However, that was in my view an error in prosecutorial discretion. More serious questions have arisen over Corey’s ethics and that of her office. These allegations include her conduct following the acquittal of George Zimmerman.

Continue reading “Zimmerman Prosecutor Angela Corey Under Fire For Alleged Professional Breaches” →

Congress, Constitutional Law, Courts, Free Speech, International, Media, Politics, Uncategorized

Carter: The United States Has No Functioning Democracy

carterWe have been discussing the collapse of the American civil liberties movement and the attacks on the free press and privacy under the Obama Administration. As discussed in prior columns, we continue to refer to the United States as the “land of the free” despite a comprehensive reduction of civil liberties and due process in this country. The Snowden affair has put that record in sharp relief as the White House and Congress has joined together in barring the prosecution of perjury by high ranking officials and pursuing Snowden with close to unhinged rage. As previously discussed, our governing class has created a new American Animal farm. Long ago, American politicians adopted a type of dismissive paternalism toward the public as shepherds to so many sheep. Then one sheep goes and spooks the flock. The response has been bipartisan rage that has included demands to cut off aid to entire nations if they grant sanctuary to this whistleblower and even boycott the Olympics. The shepherds want Snowden made into mutton for stampeding the flock and no measure appears too extreme. Now Jimmy Carter has entered the fray and said what many citizens are saying in denouncing our duopoly. Carter told Spiegel “America has no functioning democracy.” Of course, you have to live in Germany to read such views.

Continue reading “Carter: The United States Has No Functioning Democracy” →

Academia, Criminal law, International, Politics, Torts

Headmistress Flees After 22 Children Die From Poisoned Lunch At India School

11945111-poison-symbolThere is an unspeakable tragedy in India that again shows the lack of deterrence and regulation in that country over food safety, a problem also prevalent in other countries like China. Twenty-two children are dead after lunch in their school in Chhapra. The food was obviously poisoned and officials believe that the culprit was a pesticide. Two of the children of the headmistress, Meena Devi, were also sickened. She is now reportedly on the run with two other teachers.

Continue reading “Headmistress Flees After 22 Children Die From Poisoned Lunch At India School” →

Bizarre, International, Politics, Society

Graham Lands A Double Klutz With A Carter Split: GOP Senator Proposes Olympic Boycott Over Snowden Asylum

01.20Graham-080106-18270- 0035We have previously discussed the rage of powerful politicians embarrassed by the disclosures of Edward Snowden. The President and the Congress suddenly found themselves having to explain years of false statements and an unprecedented attack on privacy in America because of Snowden. Our governing class had long ago adopted a type of dismissive paternalism toward the public as shepherds to so many sheep. Then one sheep goes and spooks the flock. The response has been bipartisan rage that has included demands to cut off aid to entire nations if they grant sanctuary to this whistleblower. As usual, however, Senator Lindsey Graham, R-S.C., will not be outdone. After hearing that Snowden has asked Russia for sanctuary, Graham has suggested boycotting the Olympics. That’s right, he is taking one of Jimmy Carter’s most controversial ideas and suggesting a repeat — thereby ruining the ambitions and tossing out years of preparations for hundreds of athletes. Why? To punish a country for protecting someone most people in the world view as either a hero or a whistleblower.

Continue reading “Graham Lands A Double Klutz With A Carter Split: GOP Senator Proposes Olympic Boycott Over Snowden Asylum” →

Bizarre, Criminal law, Lawyering, Media, Politics, Society

Jeantel: “I Told Trayvon, [Zimmerman] Might Have Been A Rapist.”

Screen-Shot-2013-07-15-at-6.09.50-PM-300x198One of the most damaging moments for the prosecution in the trial of George Zimmerman trial was the inexplicable decision to lead with Rachel Jeantel, a friend of Trayvon Martin’s. Jeantel proceeded to admit to previously lying and then gave conflicted and at points unintelligible testimony. Her statement that Martin called Zimmerman a “cracker” further helped the defense in balancing the derogatory statements of Zimmerman. After the verdict, Jeantel has made statements that seem unhinged and again raise the question on why the prosecutors would place her so prominently in their case in chief. The latest controversy is a new allegation from Jeantel that she warned Trayvon that Zimmerman might be a gay rapist. She is not the only person associated with the trial who seems to be courting the press in the case with disastrous results.

Continue reading “Jeantel: “I Told Trayvon, [Zimmerman] Might Have Been A Rapist.”” →

Free Speech, International, Media, Politics, Religion, Society, Uncategorized

Twitter Caves To Demand Of French Jewish Students To Reveal Identifies Of Posters

150px-Twitter_2012_logoIn a disappointing concession by Twitter, the company has  agreed to hand over the details of people who post racist and anti-Semitic abuse anonymously on its site.  We previously discussed the effort of Jewish students to strip anonymity from posters and punish people for using language that they consider anti-Semitic.  It is in my view another major attack on free speech — part of a worldwide reduction of free speech rights.

Continue reading “Twitter Caves To Demand Of French Jewish Students To Reveal Identifies Of Posters” →

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

Angela Corey Fires Whistleblower Who Revealed The Withholding Of Evidence From Zimmerman Defense

AngelaCorey12425930As I mentioned in today’s column, the prosecution team of Angela Corey in the Zimmerman case have been accused of repeated prosecutorial abuse in the withholding of evidence from the defense. Circuit Judge Debra Nelson seemed intent on the most recent charge of withholding text messages to want to avoid the issue, but she earlier held a sanctions hearing with the testimony of the man who brought the violation to the attention of the defense: IT director Ben Kruidbos. Corey has been widely criticized for over-charging the case by experts, including an article out today, and her team was widely criticized for putting on a weak case for prosecution. Now, before Nelson has ruled on her office’s withholding of evidence, Corey has fired Kruidbos. His termination before a ruling on the alleged prosecutorial abuse only strengthens his claims as a whistleblower and throws the ethics of Corey and her office in great question.

Continue reading “Angela Corey Fires Whistleblower Who Revealed The Withholding Of Evidence From Zimmerman Defense” →

Constitutional Law, Courts, Lawyering, Politics, Society

Texas Judge Under Fire After Disclosure That She Texted Prosecutor During Trial With Suggested Examination Questions

rawImageElizabeth Coker, 258th Judicial District Judge in Texas, appears to want to be both judge and prosecutor at trial, but clearly not the defendant. Coker has admitted to sending text messages to a prosecutor to suggest examination questions during a trial. What is astonishing is that the prosecutor Kaycee L. Jones, was later made herself a judge despite the misconduct. The case reflects what defense attorneys have often complained is the close relationship of judges and prosecutors as well as the overwhelming preference for making prosecutors judges across the country.

Continue reading “Texas Judge Under Fire After Disclosure That She Texted Prosecutor During Trial With Suggested Examination Questions” →

Criminal law, Politics, Religion, Society, Uncategorized

College Student In India Gang Raped And Set On Fire . . . Police Blame Victim And Refuse To Register Charges

India flagIndia continues to experience an epidemic of rape — and a continued alleged passivity of the police in dealing with rapes.  The latest case occurred in Uttar Pradesh Chief Minister Akhilesh Yadav’s home district Etawah where a 20-year-od college student was allegedly gang raped and then lit on fire by her rapists.  The men came from a wealthy area of the district and the police refused to register the charges according to her family.

Continue reading “College Student In India Gang Raped And Set On Fire . . . Police Blame Victim And Refuse To Register Charges” →

Bizarre, Media, Politics

MSNBC Host Expresses Disbelief Why Snowden Does Not Trust The Administration And Return For A Fair Trial

MSNBC has been criticized for becoming as an extension of the Obama White House in the way that Fox News was criticized as being an extension of the Bush White House. Recently, however, many have been alarmed by the degree of blind loyalty shown the president with hosts siding with the White House against press rights and attacking figures like Snowden. This open letter to Snowden by Melissa Harris-Perry however surprises as the host assures him that the Obama Administration will guarantee his rights if only he will return. This follows such scenes as a MSNBC commentator defending the Administration’s attack on press freedom but calling Holder the “Moses of Our Time.”

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Courts, Criminal law, Politics, Society

Law and Legend: How The Zimmerman Case Was Lost By The Prosecution

zimmermantrayon-martin-picture1Below is today’s column on the Zimmerman trial, which is a close follow-up to the web column from the night of the acquittal.  As expected, it appears that we have lost a few regulars upset with my opinion of the case.  I am always sorry to lose people on our blog.  However, this has never been an echo-chamber blog that maintains a party line or ideological view.  While we remain fervently pro-free speech and civil liberties at this blog, we often disagree about the outcome of trials or the merits of cases or policies.  We try to maintain a site where civil but passionate disagreements and debate can occur.  As an academic and a legal commentator and columnist, I have always tried to be fair and call these cases as I see them regardless of how unpopular those views may be.  At the same time, I have enjoyed reading the opposing views of others on this blog who often make fast and lethal work of my opinions.  I realize that the killing of Trayvon Martin is loaded with social and racial meaning.  Yet, this site is dedicated to tolerance and diversity of views in discussing the legal and policy issues of our times.  I hope that those who stated that they would leave the site will return and rejoin our discussion. This is  a blog that values differing opinions and free thought. This is a chorus not a solo performance and it is the variety of voices and views that makes this blog so unique.

Here is today’s print column:

Continue reading “Law and Legend: How The Zimmerman Case Was Lost By The Prosecution” →