Submitted by: Mike Spindell, guest blogger
One of the main concerns we Americans should have is about the state of our criminal justice system. How a society deals with the issue of criminality is one of the ways that we all can judge its freedom from oppression. This country has been selling our “democracy” to the world for 8 decades now as an example of how a modern nation should operate. Continue reading “Carmen Ortiz: Prosecution for Political Ego?”
A year ago, I testified in Congress that the recess appointments of President Barack Obama were unconstitutional. Those four appointments by President Obama included Richard Cordray, who had been denied confirmation to a consumer protection board in a Republican filibuster. While I liked Cordray, I testified that the appointments were in my opinion clearly unconstitutional. The D.C. Circuit has now agreed with that view and the panel unanimously ruled that Obama violated the Constitution with his circumvention of Congress.
Continue reading “Court Rules Obama Appointments Violated The Constitution”
The U.S. Supreme Court this week refused to hear a challenge by an Illinois atheist to the use of public funds to renovate the 111-foot-high Bald Knob Cross of Peace on the highest mountain in Southern Illinois. The court never considered the merits because Robert Sherman was found to have no standing to bring the lawsuit. I have previously written about my opposition to the Supreme Court’s narrow definition of standing — rulings that effectively insulate some constitutional violations from review as in our lawsuit against the Libyan war.
Continue reading “Supreme Court Refuses To Hear Illinois Cross Case”
New Mexico Rep. Cathrynn Brown (R) has introduced House Bill 206, a bill that would make it a crime a rape victim to get an abortion as destruction of evidence of a crime. Brown is a lawyer and a member of the judiciary committee. She is also an ardent pro-life legislator who has made eliminating abortion (and “debunking” global warming) a mission. and, after a national outcry, says that the bill was poorly drafted will be changed to address the public concerns.
We have previously discussed how Congress and the White House have yielded to demand for increasing copyright and trademark restrictions, including criminal prosecutions of ordinary citizens. One of my longest complaints is how people and businesses now claim ownership of common symbols and phrases. (here and here). This week we have two parties in a fight to claim trademark over a common expression. Roy Fox of Pendleton, Indiana secured a copyright to the term “Harbowl” last year to make money off of a Superbowl with the Baltimore Ravens under coach John Harbaugh and San Francisco 49ers under coach Jim Harbaugh. He was then muscled out of his trademark by NFL lawyers claiming to own the term “Superbowl.”
Continue reading “NFL Crushes Indiana Man Who Claimed Ownership Of “Harbowl””
We have previously discussed the counterproductive increases in taxes that have been implemented recently without consideration of their impact on behavior or revenue. France’s ridiculous 75 percent tax on the rich is an obvious example (now even the former French president is reportedly planning to flee the taxes for England). So is our high tax on corporations while Canada continues to lower its tax just next door. There are also reports of high earners like Tiger Woods leaving California and New York in the face of high increases. A smaller but even more moronic tax is being contemplated by Alexandria, Virginia where the city council is considering a law forcing people to register bikes so that they can be forced to pay a fee.
Continue reading “Alexandria Moves Toward Registration And Taxing Bicycles”
After the Inauguration, I shared my thoughts on President Barack Obama’s address. I liked the speech but, as with many civil libertarians, I do not share the faith in his commitment to principle — at least not the principles behind civil liberties. Below is today’s print column that touches on some of the same themes with a few additional observations.
The Saudi Committee for the Promotion of Virtue and Prevention of Vice is a religious police force that has been a constant presence in the Kingdom arresting woman having coffee with colleagues or forcing young girls to burn to death in fire rather than run out without their scarves. Now the religious police in Dammam marched into a popular dinosaur exhibit and shut it down without any explanation of why the dinosaurs threatened the virtue of good Muslims.
Continue reading “Paleontological Perversity? Saudi Religious Police Shutdown Dinosaur Exhibit”
Remember the moving rendition of the National Anthem by Beyoncé at the Inaugural? Not only does it now appear that she lip synced but it took a British newspaper to uncover the truth. The Times is reporting that the spokesperson for the Marine Corp Band Kristen DuBois confirmed that Beyoncé did a Milli Vanilli with the National Anthem.
Continue reading “What So Proudly We Hailed at Beyoncé’s Lip Syncing . . .”
In perhaps the world’s least surprising news item, former New Orleans Mayor Ray Nagin has been indicted on federal corruption charges. Nagin was a disgrace during Hurricane Katrina in 2005 and was notorious for bizarre and self-absorded conduct. His reelection in New Orleans soured many on the idea of giving additional relief to a city that would retain such an utter failure as a mayor. Now, Nagin will face 21 charges including bribery, money laundering, fraud and filing false tax returns.
Continue reading “Former New Orleans Mayor Nagin Indicted On Federal Corruption Charges”
Below is my column today in USA Today on the Inauguration Speech of President Obama. Unfortunately, my family got back and reported that the Jumbotron or giant screen was malfunctioning so they missed the entire inauguration speech. Thousands of people were similarly deprived by whatever contractor was handling the screen — a terrible disappointment for thousands who came from all over the country.
Here is the column.
Continue reading “The Obama Inauguration: A Case Of Hope Over Experience”
We previously discussed the scandal surrounding Michigan Supreme Court Justice Diane Hathaway who was accused of an array of misconduct leading to her resignation from the Court. Many of us wondered why she had not been hit with a criminal indictment. Now she has. Only a few days before leaving the court, Hathaway is now officially indicted of fraud.
This was the unsettling scene this weekend after a man walked up to the head of an ethnic Turkish party in Bulgaria and tried to fire in the head of Ahmed Dogan, 58, the leader of the Movement for Rights and Freedoms. The gun used by Oktai Enimehmedov, a 25-year-old Bulgarian national and ethnic Turk, was a non-lethal “gas pistol” which will lower the potential charge for the assailant.
Continue reading “Bulgarian Politician Attacked In Public Speech”
Respectfully submitted by Lawrence E. Rafferty(rafflaw)-Guest Blogger
On the eve of President Obama’s Inauguration for his second term, I thought it might be useful to look more closely at one of his policies that is not working for students or parents. I am referring to his educational policy, better know by its marketing name, Race to the Top. This “quaint” title for his corporate backed privatizing plan hides the negative impact it has had in the schools themselves. It is has led to school closings and teacher firings for the sole purpose of school districts being eligible for the Race to the Top grants from the Federal government! Continue reading “Obama’s Race to the Bottom”
Submitted by: Mike Spindell, guest blogger
While I’m not a lawyer, I do write for this legal blog by the invitation of its creator Jonathan Turley. I first arrived on the scene here many years ago because since the age of ten I have had been interested in the nature of the broad spectrum of civil rights issues faced by this country. My interest became an obsession at the age of ten. My parents, who were quite liberal, allowed me to stay up way past my bedtime to watch Ed Murrow bravely attack Sen. Joseph McCarthy for his Communist Witch Hunt, by documenting the anti-constitutional excesses he used to destroy people’s lives and careers. Months later they kept me home from school to watch the Army/McCarthy Hearings which directly led to McCarthy’s downfall. On our twelve inch, black and white TV I watched this famous scene:
“On June 9, 1954, the 30th day of the Army–McCarthy hearings, McCarthy accused Fred Fisher, one of the junior attorneys at Welch’s law firm, of associating while in law school with the National Lawyers Guild (NLG), a group which J. Edgar Hoover sought to have the U.S. Attorney General designate as a Communist front organization. Welch had privately discussed the matter with Fisher and the two agreed Fisher should withdraw from the hearings. Welch dismissed Fisher’s association with the NLG as a youthful indiscretion and attacked McCarthy for naming the young man before a nationwide television audience without prior warning or previous agreement to do so:
“Until this moment, Senator, I think I have never really gauged your cruelty or your recklessness. Fred Fisher is a young man who went to the Harvard Law School and came into my firm and is starting what looks to be a brilliant career with us. Little did I dream you could be so reckless and so cruel as to do an injury to that lad. It is true he is still with Hale and Dorr. It is true that he will continue to be with Hale and Dorr. It is, I regret to say, equally true that I fear he shall always bear a scar needlessly inflicted by you. If it were in my power to forgive you for your reckless cruelty I would do so. I like to think I am a gentle man but your forgiveness will have to come from someone other than me.”
When McCarthy tried to renew his attack, Welch interrupted him:
“Senator, may we not drop this? We know he belonged to the Lawyers Guild. Let us not assassinate this lad further, Senator. You’ve done enough. Have you no sense of decency, sir? At long last, have you left no sense of decency?”
McCarthy tried to ask Welch another question about Fisher, and Welch cut him off:
“Mr. McCarthy, I will not discuss this further with you. You have sat within six feet of me and could have asked me about Fred Fisher. You have seen fit to bring it out. And if there is a God in Heaven it will do neither you nor your cause any good. I will not discuss it further.”
The gallery erupted in applause.”
The drama of this distinguished lawyer chastising one of the most powerful men in the United States and silencing his cruelty was one of the defining moments of my life. It spurred a lifelong interest in the Constitution, the Law and the rights of the American People. Today, among other ills, I believe that our American Criminal Justice System is broken. Let me explain why I believe that. Continue reading “America’s Broken Criminal Justice System”