Category: Politics

Assange Granted Asylum As Britain Threatens A Raid On Ecuadoran Embassy

Ecuador granted asylum to Julian Assange today, an act that will further escalate the conflict between Britain and Ecuador.  As I discussed on BBC last night, there are some common legal misunderstandings about the status of an embassy, but as a practical matter Assange should be beyond the reach of the English.  While the government has threatened to strip the embassy of diplomatic status and grad Assange, it is in my view an empty threat. However, Assange is not likely to see Ecuador any time soon since he can be arrested trying to leave the country.

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Pennsylvania Judge Denies Injunction Of State ID Law

Pennsylvania Commonwealth Court Judge Robert Simpson issued an important ruling on Wednesday that rejected a motion for a preliminary injunction of the Pennsylvania Voter ID law. Since these motions are based on a determination of the likelihood of prevailing on the merits, the decision has a significant impact not only for the case but cases around the country. Even if one disagrees with Simpson’s decision, the 70-page opinion below is well-reasoned and will be, in my view, difficult to reverse in the appeal to the state supreme court (which is divided evenly between Republican and Democratic jurists). With one Republican justice, Joan Orie Melvin, fighting criminal corruption charges, the Court is divided three to three along party lines. However, there is no reason to assume that these jurists will all vote in line with their political affiliations as opposed to their view of the law. A tie on the Supreme Court would result in a decision upholding the decision. I will be discussing the case this morning on CNN.

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Oy Vey: Anti-Semitic Hungarian Politician Discovers His Jewish Roots And Becomes Pariah In Far-Right Party

For those looking for proof of a divine Being, you might want to look this week in Budapest. The star of Hungary’s far-right Jobbik Party, Csanad Szegedi, 30, has been catapulted to national fame through anti-Semitic attacks and charging that Jews have been desecrating national symbols. He has particularly railed against the hidden influence of Jews in government — a message that resonated with a fraction of the electorate in Hungary. Szegedi is a founding member of the Hungarian Guard, which wears black uniforms and striped flags that closely resemble the pro-Nazi party that governed Hungary at the end of World War II and killed thousands of Jews. Szegedi’s career, however, came crashing down when it was learned that, under Jewish law, Szegedi is . . . you guessed it . . . Jewish.
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City of Women: Saudi Arabia Turns To Fellini To Deal With Female Unemployment

It appears that ministers in Saudi Arabia have been watching Federico Fellini’s City of Women. The Saudi government has resolved the conflict of having women in the workforce but not allowing them to intermingle with men. No, they have not granted equal rights. They are building them their own city.

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Palin: Biden Drags Down The Ticket And Should Be Dumped

For those who feel that this campaign still lacks sufficient irony and breathtaking hubris, Sarah Palin came to the rescue yesterday. After Biden’s “back in chains” attack on Romney, Palin came forth to offer her sage advice. Palin explained that Joe Biden may be simply too controversial and unpredictable as a Vice Presidential candidate and should be dumped. That’s right, Sarah Palin said that without a hint of humor or self-conscious unease. It is at uncomfortably moments like this that Sheldon Cooper says “Bazinga.”

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Biden Pledges To Be The Leader In Automotive Production In The Last Century

 Vice President Joe Biden has many fine attributes but his gift for gaffes is beginning to rival Dan Quayle’s record.  In this gem from Blacksburg, Virginia, Biden declares that he has never seen it written that we cannot be the leader of the world in automobile production in the 20th Century.

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Court Rules Facebook “Friending” Not Protected Speech Under First Amendment

There is a troubling free speech case in Virginia where a sheriff’s deputy, Daniel Ray Carter Jr., and five other employees were fired for “liking” his boss’ opponent on Facebook. We have been following the growing trend of public employees from teachers to police officers and others being fired for communications or associations in their private lives. In this case, U.S. District Judge Raymond A. Jackson rejected the claim that friending someone is an act of free speech — a view that would by extension move a wide range of speech outside the protection of the first amendment. The decision is found in Bland v. Johnson, 2012 U.S. Dist. LEXIS 57530 (E.D. Va. 2012).

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Critic of Proposed Anti-Blasphemy Law In Tunisia Arrested

We have been following anti-blasphemy laws around the world, including the increase in prosecutions in the West and the support of the Obama Administration for the prosecution of some anti-religious speech under the controversial Brandenburg standard. Now, journalist named Sofiene Chourabi has been arrested for simply criticizing a proposed new blasphemy law in Tunisia, which he rightfully condemned as a threat to free speech. We previously discussed the case. Chourabi was a leading voice in opposition to the prior ruler — part of the country’s “Arab Spring” movement. However, that government has been replaced, like so many other such countries, with an Islamic government that proceeded to crackdown on free speech and religious freedom.

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China Releases Mother Who Was Arrested After Protesting the Rape and Force Prostitution Of Daughter

Tang Hui (a pseudonym) is a mother who attracted international support after she was arrested by Chinese authorities for protesting the lack of action after her 11-year-old daughter was kidnapped, raped and forced into prostitution in 2006. Her story is horrific but not unique. The mother reported the kidnapping to police who did nothing even after she discovered her daughter at a strip club. She took her home and continued to protest the failure to punish her rapists who were still walking the streets. The authorities cracked down in response: the mother was convicted and sent to a prison camp.

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“A Vision Of The Future”: Military Magazine Details Plan For Putting Down Domestic Uprising

Civil libertarians have been concerned for years with the move toward greater use of the military in domestic operations by both President George W. Bush and now by President Barack Obama. The military continues to shift resources for prepare for large-scale domestic operations. Most recently, the Marines moved to create a battalion to allow the military to “be capable of helping control civil disturbances, handling detainees, carrying out forensic work, and using biometrics to identify suspects.” Now the Small Wars Journal, a respected publication closely followed in the U.S. military, has published an article entitled “Full Spectrum Operations in the Homeland: A ‘Vision’ of the Future” by retired Army Col. Kevin Benson of the Army’s University of Foreign Military and Cultural Studies at Fort Leavenworth, Kan., and Jennifer Weber, a Civil War expert at the University of Kansas. It lays out not just the military but the legal basis for military operations to crush domestic insurrections in the United States.

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Parody Video “The Obama That I Used To Know” Goes Viral

For years, we have had a spirited debate over whether civil libertarians could vote for Barack Obama after his expanding of Bush anti-privacy measures, “hit list” policy, refusal to prosecute officials for torture, and other actions. For those who now oppose Obama, there is now a theme song to express their angst and anger. Even for those who still support Obama, you have to admit it is pretty funny.

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Mortgages and Moral Hazards

By Mike Appleton, Guest Blogger

In 1984 Leonard and Harriet Nobelman purchased a condominium with the assistance of an adjustable rate mortgage loan from American Savings Bank.  Six years later, the Nobelmans encountered financial difficulties and filed Chapter 13 proceedings in bankruptcy court.  At the time of their filing, their mortgage balance, including accrued interest and late fees, was $71,335.00 and the fair market value of their home was only $23,500.00.  Accordingly, the Nobelmans proposed a reorganization plan which treated the difference between the mortgage balance and the fair market value, a total of $47,835.00, as unsecured debt.

Under bankruptcy law, the reclassification of indebtedness exceeding the value of the collateral from secured to unsecured status is known as a “cramdown.”  This is a commonly used device that effectively “strips” the lien of a security interest down to the collateral’s value.  It enables a debtor to retain property while insuring that the secured creditor will recover at least as much as it would realize from a foreclosure sale of the property.

The problem is that as a practical matter, unsecured creditors, whether in reorganization or straight liquidating bankruptcies, seldom receive any of the amounts owed to them.  So American Savings Bank, staring at the potential loss of more than half of the mortgage principal, filed an objection to the Nobelmans’ plan.  The ensuing litigation odyssey required three years and produced a Supreme Court decision that has particular significance in the current housing crisis.

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Stateside Louisiana: School Vouchers and the Privatization of Public Education

Submitted by Elaine Magliaro Guest Blogger

In May, David Sirota penned an article for Salon titled Selling out Public Schools. In it, he said that Mitt Romney, President Obama, and both of our major political parties were “assaulting public education.”

Sirota wrote:

On the Republican side, the Washington Post reports Mitt Romney just unveiled “a pro-choice, pro-voucher, pro-states-rights education program that seems certain to hasten the privatization of the public education system” completely. On the other side, Wall Street titans in the Democratic Party with zero experience in education policy are marshaling tens of millions of dollars to do much of what Romney aims to do as president – and they often have a willing partner in President Barack “Race to the Top” Obama and various Democratic governors.

Funded by corporate interests who naturally despise organized labor, both sides have demonized teachers’ unions as the primary problem in education — somehow ignoring the fact that most of the best-performing public school systems in America and in the rest of the world are, in fact, unionized. (Are we never supposed to ask how, if unions are the primary problem, so many unionized schools in America and abroad do so well?) Not surprisingly, these politicians and activists insist they are driven solely by their regard for the nation’s children — and they expect us to ignore the massive amount of money their benefactors (and even the activists personally) stand to make by transforming public education into yet another private profit center. Worse, they ask us also to forget that in the last few years of aggressive “reform” (read: evisceration) of public education, the education gap has actually gotten far worse, with the most highly touted policies put in place now turning the schoolhouse into yet another catalyst of crushing inequality.

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Sheriff Joe’s Office Lies Again

Respectfully submitted by Lawrence Rafferty (rafflaw)- Guest Blogger

If you ever wondered why the Justice Department is investigating the office of Maricopa, Arizona Sheriff Joe Arpaio, this latest story may be all you need to read.  Recently, the Maricopa Sheriff’s office arrested and detained Briseira Torres and alleged that she was an illegal alien.  Why is this one arrest such an important story?  The short answer is that Sheriff Joe’s office and possibly the Prosecuting attorney ignored the most credible exculpatory evidence that was already in their possession.  Briseira’s long form Birth Certificate, attested to by the State of Arizona as accurate, was left out of the record provided to the Grand Jury!  Continue reading “Sheriff Joe’s Office Lies Again”

Genocidal Sudanese Warlord To Join U.N. Human Rights Council

Since 2008, Chief Prosecutor of the International Criminal Court (ICC) Luis Moreno Ocampo has been seeking the arrest of Lieutenant General Omar Hassan Ahmad Al-Bashir for his alleged involvement in genocide, crimes against humanity and war crimes committed since 2003 in Darfur. He might want to pop in on the United Nations Human Rights Council — Al-Bashir is about to be one of its members.

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