Category: Politics

Constitutional Law, Criminal law, Politics, Religion, Society

Sixth Circuit Overturns 16 Hate Crime Convictions In Amish Case

Mullet-Samuel_storyThere is an interesting case out of the United States Court of Appeals for the Sixth Circuit this week on the limits of hate speech prosecutions. The court overturned the hate-crime convictions of 16 men and women in a bizarre series of attacks where Amish victims had their beards cut off. It was personal hatred not religious hatred that prompted this Amish on Amish crime in the view of the court. I had previously criticized the prosecution of the defendants under the hate crime law. Amish bishop Samuel Mullet Sr. (left) was convicted in September of organizing a series of raids in 2011 against religious enemies and disobedient family members. This was an intra-Amish dispute in which the men’s beards were forcibly sheared and women’s hair was cut. He was given 15 years in prison for federal hate crimes in an extreme interoperation of the law by the Obama Administration, which claimed jurisdiction in what appeared a state offense. They did so by building the case around the “Wahl battery-operated hair clippers” used to cut the beards of Amish men and insisted that federal jurisdiction followed the clippers which crossed state borders in their manufacturing and sale. The case is United States v. Miller, 2014 U.S. App. LEXIS 16532, 2014 FED App. 0210P (6th Cir.).

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Constitutional Law, Politics, Religion, Society

Flint Michigan Considers Distributing Scientology Book To Save City

seal220px-L._Ron_Hubbard_in_1950For those already uncomfortable with the erosion of the separation of church and state in voucher programs and faith-based programs under Presidents Bush and Obama, a new proposal in Flint Michigan is likely to seen the inevitable result of this trend. The Flint city council is considering using police and other public officers to distribute copies of “The Way To Happiness,” a book by Scientology creator L. Ron Hubbard.

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Bizarre, International, Media, Politics, Religion

Campaigning on Hope and Change? Italian Politician Asks For Exorcism By Pope

200px-Calderoli1Deputy Senate Speaker Roberto Calderoli (and Senator from the The Northern League and once Minister of Reforms under the center-right government of Silvio Berlusconi in 2006) may not appeal to many Italians. He is viewed as xenophobic and racist. He insults groups with remarkable frequency and . . . oh yes . . . he says that he is possessed. That’s right, Calderoli believed that he has been hexed by the father of the the Minister of Integration and wants an emergency exorcism from the Church.

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

Was Billy Crystal’s Tribute To Robin Williams Racist?

screenshot (YouTube)
screenshot (YouTube)
Many people have now watched the touching tribute giving by Billy Crystal to Robin Williams at the Emmy Awards ceremony (I actually detest awards shows and show the clip below after the controversy arose). It appears that there has been a torrent of criticism of one of the clips as racist. We have been discussing the rising limits on speech deemed racist or hateful, including cases brought against comedians (here and here). This controversy highlights the subjectivity over the meaning of such a joke in my view.

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Congress, Politics, Society, Uncategorized

Obama Administration To Spend $1.7 Billion On Healthcare.gov

220px-US-DeptOfHHS-Logo.svgThe latest figures are in on the seemingly bottomless hole that is healthcare.gov, the troubled federal insurance marketplace web site. By any measure, the Obama Administration was grossly negligent in the creation of the system, which ultimately failed on its rollout despite numerous warnings of substandard work, overruns, and major technical problems. It appears that we are not done with bill for the program. A new Inspector General report stated that the Obama Administration issued sixty contracts from 2009 to 2014 to build Healthcare.gov, which had already cost roughly a half a billion dollars by February 2014. However, the Administration has signed new contracts that obligate the taxpayer to cover an addition $300 million, and the estimated value of the sixty contracts totals $1.7 billion. Despite numerous accounts and reports on the mismanagement of this program, there appears to be little real effort to hold anyone accountable as we continue to pour hundreds of millions into this system. The contracts include money to CGI Federal, the well-connected company that was partially response for the disaster in October as well as other controversies in large contracts.

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International, Media, Politics, Religion, Uncategorized

Allah Wants Slow Connectivity? Iranian Grand Ayatollah Denounces Fast Internet As Immoral and A Threat To Good Muslims

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Facebook
In the Islamic Republic of Iran, there is no issues that cannot be resolved by the Koran, or at least Muslim clerics, as a moral imperative. Thus, after complaints that Iran has one of the highest rates of Internet use and one of the slowest average speeds, Grand Ayatollah Makarem Shirazi, a prominent Shia scholar, stepped in to denounce fast Internet connections as immoral and dangerous. He also specifically denounced 3G — third generation mobile communications technology — as morally corrupt and unacceptable for good Muslims.

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Bizarre, Constitutional Law, Free Speech, Politics, Religion, Society, Uncategorized

Yielding For Bacon [Critics]: Vermont Diner Takes Down Sign After Woman Objects To The Reference To Bacon

Screen Shot 2014-08-26 at 9.04.11 AMThere is an interesting controversy out of Winooski, Vermont over a sign for Sneakers diner. As part of a city program, Sneakers helped beautify its street with flower beds and in return was allowed to put up a sign. The diner featured its favorite dish with a sign that read: “Yield For Sneakers Bacon.” However, a Muslim woman who was also a vegan objected that a sign with the word bacon was offensive to her due to her religion’s ban on eating pork products. The diner responded by immediately taking down the sign and personally apologizing to the woman. That accommodation has led to a backlash from others who feel that the diner is yielding to ultra-sensitive individuals and encouraging such demands from others who may be offended by any number of food references and dishes.

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International, Politics

Have It Your Way: Burger King Reportedly Close To Canadian Acquisition and “Inversion”

Burger_King_(1955-1968)Burger King is close to a deal that would acquire Tim Horton’s (Canada’s huge corporate version of Dunkin’ Donuts). It is more than a corporate expansion however. The move would allow Burger King to justify a “tax inversion” where an American company merges with a foreign company and then reincorporates abroad to fell under a more beneficial corporate tax rate. So long as shareholders of the Canadian companies end up owning at least 20% of the shares of the new parent company, you can escape the high corporate tax rate. I have previously criticized the corporate tax rate — and tax policies in general — as irrational in light of the lower rates in nearby countries. During the last campaign, even Obama admitted that our corporate tax rate is too high but there was never action to reduce it. The White House however recently asked for legislation to stop the inversion maneuver while Senator Sherrod Brown is calling for a boycott of Burger King.

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Criminal law, International, Media, Military, Politics, Religion, Uncategorized

I$I$: Europe Funding The Islamic State Through Ransoms That Have Already Reaped Millions for the Terrorist Organization

james-foley-beheadingIntelligence officials in the U.S. and Britain believe that they are closer to identifying the terrorist who beheaded American journalist James Foley in the grotesque video released by the Islamic State, formerly known as ISIS. The U.S. continues to follow a policy against such ransoms, though many have charged that the Obama Administration broke that policy in the controversial trade of five Taliban leaders for Bergdahl in addition to violating federal law. Europe has long rejected the policy and, according to media reports, has sent millions to fill the coffers of ISIS, which then uses the money to fill coffins around the world. France alone paid $13.2 million for four of its citizens and Islamic State is now known to have special kidnapping squads looking for Westerners. While we often discuss the financiers of terror in places like Saudi Arabia, we may have to start to look closer to home in the West.

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Congress, Free Speech, International, Justice, Lawyering, Politics, Society, Uncategorized

Economic Patriotism or Treason?

300px-Microsoft_building_17_front_door

Respectfully submitted by Lawrence E. Rafferty (rafflaw)- Weekend Contributor

We have read in recent weeks and months about the continued movement of corporate profits by US corporations to their overseas subsidiaries in order to avoid paying taxes here on those profits.  Walgreens almost went that route recently but they decided to not do what is called an “inversion” to avoid taxes.  At least for now.

You may be wondering what the picture is all about.  The building in the attached photo is one of the main buildings on the Microsoft campus in Redmond, Washington.  And Microsoft has also been busy working on their taxes.

Microsoft, made news recently, by admitting that they have stashed $92 Billion dollars overseas in an attempt to avoid paying $29 Billions in taxes!  While Microsoft has not officially “inverted” its profits, they have done the next best thing.

Many large US corporations have complained that they have to move profits overseas because they cannot be competitive in the world market without a lower tax base.  Just how true is that claim? Continue reading “Economic Patriotism or Treason?” →

Bizarre, Constitutional Law, Courts, Criminal law, Free Speech, Justice, Lawyering, Media, Military, Politics, Religion, Society

Wonder Why The Folks In Ferguson Are Up In Arms About Their Police? Meet Sgt. Major Dan Page, St. Louis Co. P.D.

By Mark Esposito, Weekend Contributor

Watching the waves roll in here in Duck, NC, I have to admit things seem pretty peaceful and serene. It got me wondering why the folks in Ferguson, Mo. are demonstrating on a daily basis about their policing. Wonderment stopped last evening when I came across this video by 35-year veteran of the St. Louis County Police Department, Sgt. Major Dan Page.  Former Green Beret and supervising cop, Dan’s vaguely known to most  CNN viewers as the enlightened peace officer who shoved reporter Don Lemon from a Ferguson street corner as he tried reporting on the mass protest of 17-year-old Michael Brown’s police-facilitated killing. Lemon was shoved and then was herded to some “Free Speech Zone” in a remote parking lot. Now street-savvy Page is back … and with a right-wing philosophy and blood thirsty vengeance that you’d have to go to 1970s Cambodia to match — “We can kill you anyway we want!”

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Congress, Constitutional Law, Politics, Society

GAO: Obama Violated Federal Law in Bergdahl Swap

President_Barack_Obama305px-USA_PFC_BoweBergdahl_ACU_CroppedThe Government Accountability Office has rendered a decision on the actions of the Obama Administration in swapping five Taliban leaders for Army Sgt. Bowe Bergdahl earlier this year. At the time on CNN and other forums, I noted that President Obama had again openly violated federal law which requires at least 30 days of advance notice in such a change. The GAO agreed and found that the Administration clearly violated federal law. I recently testified (here and here and here and here) and wrote a column on President Obama’s increasing circumvention of Congress in negating or suspending U.S. laws. As in past cases, defenders of the President insist that any violation was done for the best of reasons, but that is a dangerous rationalization for any violation of law. Presidents always insist that they are acting with the best of motivations when they violate laws. We remain a nation of laws and presidents do not have the option of not complying when the laws are inconvenient or counterproductive. Notably, it was not just one law that President Obama violated in taking this unilateral action.

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Columns, Constitutional Law, Courts, Criminal law, Lawyering, Media, Politics, Society

THE PERRY INDICTMENT: ALL HAT, NO CATTLE

220px-Felthat300px-Muddy_Water_Red_desertBelow is my column today on the Perry indictment. I have previously raised my serious reservations about the factual and legal basis for a criminal charge. We obviously do not know what evidence will be presented, particularly evidence of back channel communications that might have occurred over the threatened veto. Such conversations can have a highly damaging effect on jurors as shown by the trial of Illinois Democratic Gov. Rod Blagojevich. They can also damage someone politically by exposing uninhibited moments or comments. I have heard from reporters in Texas that there might have been communications between Perry and Lehmberg about her resigning but I have yet to see clear accounts of such communications. However, at the moment, I cannot see the basis for these charges. Perry publicly stated his intent to use his lawful power to veto the line item for the office budget if Lehmberg did not resign. I do not see how the use of such a lawful power in this case would rise to the level of a criminal act.

At the moment, I see a compelling case for dismissal as a threshold legal question for the court. However, the degree to which the court views this matter as turning on the factual allegations as opposed to the legal questions, it could be held over for trial. That is the problem with such ambiguously written provisions is that the court may feel more constrained in dismissing the counts. The result for Perry can be damaging even if he is acquitted as was former U.S. Senator Kay Bailey Hutchison two decades ago. Hutchinson was charged with using state employees to plan her Christmas vacation in Colorado and write thank-you notes. The case was so weak that it took only 30 minutes for the jury to find her not guilty on all charges. The political danger is the exposure of private communications. Few of us are as crude as Blagojevich or his wife even in private but none of us is likely to look good if our unguarded comments were played out for a national audience. Once again, only time will tell what type of evidence was heard by the grand jury. Yet, my view is that this indictment is very problematic from a constitutional standpoint and offers little to support such a major prosecution.

Here is the column:

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

Perry Grand Juror Reportedly Attended Democratic Convention And Attended Speech Of Witness During The Grand Jury Proceedings

Rho-Chalmers-TDPC-SelfieThere is an interesting story out of Texas in the Perry controversy that raises the difference between grand juries and petit juries. One of the grand jurors, Rho Chalmers, who indicted Governor Rick Perry turned out to be a delegate to the Texas Democratic Party convention who not only actively participated in the convention during her service but actually took a picture with a Democratic state representative who appeared as a witness before her jury.

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International, Politics, Religion, Society

A Sigheh Before Sex: Iranian Government Discovers Young Iranian Are Having Sex . . . Proposes “Temporary” Marriages To Make It Islamically Correct

250px-flag_of_iransvgWhen following the news from Iran, it is often hard to tell the difference between a news story and a really good joke. The latest story on the Islamically correct lifestyle, according to the Iranian government, involves a study that found that young Iranians were having sex, even homosexual sex, in rising numbers. The 82-page report, issued by Iran’s parliamentary research branch, is alarmed at the findings and recommends that the government push for the use of “temporary” marriages that may last no longer then the tryst itself. It is something akin to a Vegas marriage for good Muslims. Marry, have sex, and then divorce. You are happy. The Mullah is happy. Everyone is happy.

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