Category: Politics

Fast Tracking the Death Penalty

Submitted by Mike Appleton, Guest Blogger

“What did you learn in school today, dear little boy of mine?

I learned that policemen are my friends

I learned that justice never ends

I learned that murderers die for their crimes 

Even if we make a mistake sometimes

And that’s what I learned in school today

That’s what I learned in school.”

Tom Paxton, “What Did You Learn in School Today?”

When Rick Scott was in the hospital business, his company specialized in billing Medicare for services that were not performed.  Now he is governor of a state that specializes in sending people to death row for crimes they did not commit.

Florida conservatives love the death penalty.  Since it was reactivated in 1979, 75 people have been executed.  In the past two years, Florida has sentenced more persons to death than any other state.  And Gov. Scott is setting records of his own, executing eight prisoners to date, the highest rate of any Florida governor in the past thirty years. But despite this carnage, the current death row population still exceeds 400 people, larger than the entire population of many small towns. This is at least partially due to the fact that Florida is one of only two death penalty states that do not require a unanimous jury recommendation of death.  Alabama requires a 10-2 vote. Florida is decidedly more majoritarian; a 7-5 favorable vote is sufficient.

Florida also leads the nation in another grim statistic. Since executions have resumed, 24 death row inmates have been exonerated, far more than in any other state.  This means that for every three persons executed over the past thirty years, one additional death row inmate has been found innocent and released.  One would think that given this statistic, combined with Florida’s history of botched executions and chronic underfunding of agencies charged with defending those on death row, the legislature would be looking at ways to improve the system.  And one would be wrong.  On June 14, 2013, Gov. Scott signed the Timely Justice Act, a bill that is intended to hasten executions. Continue reading “Fast Tracking the Death Penalty”

The Supreme Court Versus the Common Man

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

A recent United State Supreme Court decision has made it almost impossible for small businesses and individuals to bring class action lawsuits against large corporations who may be in violation of antitrust laws. Not only did the case fly under the mass media radar, it also may allow corporations to use contractual language to insulate them from many other federal laws.  I am talking about the American Express v. Italian Colors case that was decided by a 5-3 margin.  What the Supreme Court majority did here was to allow American Express to force its small business customers to sign a contract that included language that precluded those same customers from having any viable access to judicial review of American Express’ business practices. Continue reading “The Supreme Court Versus the Common Man”

Will The Virginia Governor’s Race Boil Down To A Cook?

By Mark Esposito, Guest Blogger

todd_schneiderVirginia State Judge Margaret Spencer has an interesting decision tomorrow – one that could affect more than the criminal case involving the executive chef for Virginia’s Governor, Bob McDonnell. On the third floor of Richmond’s John Marshall Courts Building, Spencer will hear that Chef Todd Schneider was denied due process of law because the prosecutor at the time, Attorney General Ken Cuccinelli, had a political and personal conflict of interest that influenced his decision. Schneider’s lawyers,  Steven D. Benjamin and Betty Layne DesPortes, contend that Cuccinelli, who is the GOP candidate for governor, was tied personally and politically to a Virginia businessman whose crumbling empire has launched FBI and State Police investigations as well as political headaches for McDonnell. Those ties, and Cuccinelli’s representation of McDonnell, made criminal  charges against Schneider for allegedly stealing food from the Governor’s Mansion a political witch hunt, they say. They have asked for a complete dismissal of all charges.

Continue reading “Will The Virginia Governor’s Race Boil Down To A Cook?”

Propaganda 102 Supplemental: Get ‘Em Young

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by Gene Howington, Guest Blogger

There is nothing more malleable than the mind of a child. Their minds are like sponges, absorbing everything they come in contact with. Previously, we’ve discussed the power of moving images as propaganda, including propaganda aimed at children. Film and video can also be used to educate as illustrated by excellent children’s programs such as Sesame Street. The benefits of this technology in that regard is unquestionable. But what happens when education becomes indoctrination? What happens when the lessons taught are hatred and intolerance? Does this cross the line from education into political propaganda?  A recent story raises this very issue and others.

“The Andrew Show” is a crudely produced show viewable on YouTube.  It’s not just crude in the sense of production values, although it is that. It is crude in content as well.  Subtitled “A Show For White Kids”, the show promotes the White Supremacist views of the Ku Klux Klan.  This is no surprise considering the young host of the show is Andrew Pendergraft, the grandson of Thomas Robb.  If you don’t know Robb by name, he’s the National Director for the Knights of the Ku Klux Klan and Pastor of the Christian Revival Center.

I invite you to look for yourself at some of the videos below and ask yourself should there be additional limits to political free speech?

Continue reading “Propaganda 102 Supplemental: Get ‘Em Young”

Morsi, Democracy and Problem with Fundamentalist Politics

Submitted by: Mike Spindell, guest blogger

Muslim_Brotherhood_LogoWhile I‘ve been trying to take a break from all politics and news as I bask in the glow of my family staying with me this week, I’ve nonetheless been fascinated by the fall of Egyptian President Morsi, in what must be described as a military coup. I’ve never been a fan of coups as I expect is true of most of us, yet the fall of Morsi has raises issues that I think are far more nuanced than appear on the surface. The salient facts are that after too many years the corruption of the government of Hosni Mubarak (who had been installed by the Egyptian military) led to severe economic issues and dissatisfaction with totalitarian rule. This then led to such massive protest that the military felt compelled, or justified to remove him. Mubarak’s removal was cheered, but then the clamor for free elections arose and after 18 months of martial law elections were held, as the first step towards transitioning to democracy and formulating a constitution.

The Society of Muslim Brothers, or Muslim Brotherhood was:“Founded in Egypt in 1928as a Pan-Islamic, religious, political, and social movement by the Islamic scholar and schoolteacher Hassan al-Banna,” It’s stated purposes was to: “to instill the Qur’an and Sunnah as the “sole reference point for …ordering the life of the Muslim family, individual, community … and state. http://en.wikipedia.org/wiki/Muslim_Brotherhood In a country such as Egypt, with its’ long history of totalitarian rule, the concept of political parties was not strong. Through its 85 years history the Brotherhood became the most stable opposition faction in the Egyptian political scene and was the main focus for opposition to whoever ruled Egypt by dint of the Egyptian Military’s backing. Such has been the success of the Muslim Brotherhood that it has branched out to have a significant presence in 20 nations around the world, many without a Muslim majority, such as the Russian Federation, the Indian Subcontinent, Great Britain and the United States. Therefore when the Egyptian Revolution of 2011 took place, the now legal “Brotherhood” was in an excellent position to vie for political power and formed the “Freedom and Justice Party” as its electoral arm. It won more than 40% of the parliamentary seats and its candidate Mohamed Morsi won election as President with 51.73% of the vote. His chief opponent had been a man who served as Mubarak’s Prime Minister. The Egyptian voters were faced, I think, with a “Hobson’s Choice” of Presidential candidates and chose what they perceived to be the lesser of two evils. Sound familiar?  What I will attempt to examine here is a question which is framed as: “Are Religious Fundamentalists capable participating in a pluralistic democratic society?” Continue reading “Morsi, Democracy and Problem with Fundamentalist Politics”

Police Reportedly Demand To Use Home As Stake Out Despite Refusal of Family, Bash In Door, Shoot Homeowner with Pepperballs, and Arrest Him And His Father

images-1jchronisterRemember that whole business in the Third Amendment about not having quarter soldiers in private homes without the owner’s consent or that stuff in the Fifth Amendment about takings of property or that other stuff in the Fourth Amendment on unreasonable searches and seizures. It does not appear to apply to police in Henderson Nevada. The City of Henderson is being sued with its police chief Police Chief Jutta Chambers (left) as well as the City of North Las Vegas and its Police Chief Joseph Chronister (right) for a bizarre takeover of a home for a stakeout. Anthony Mitchell says that he was told that police needed to occupy his home to get a “tactical advantage” on the occupant of a neighboring house. When Mitchell refused, the police ultimately, according to his complaint, busted through his door, hit him with pepper balls, and put him into custody. The lawsuit also names Officers Garret Poiner, Ronald Feola, Ramona Walls, Angela Walker, and Christopher Worley.

Continue reading “Police Reportedly Demand To Use Home As Stake Out Despite Refusal of Family, Bash In Door, Shoot Homeowner with Pepperballs, and Arrest Him And His Father”

You Like Me, You Really Like Me: State Department Spent $630,000 To Increase “Likes” On Facebook

images225px-Hillary_Clinton_official_Secretary_of_State_portrait_cropBasic environmental and scientific programs suffer but the State Department felt free to spend more than $630,000 on advertising campaigns to boost the number of Facebook “likes” for the agency’s pages on the website between 2011 and March 2013.

Continue reading “You Like Me, You Really Like Me: State Department Spent $630,000 To Increase “Likes” On Facebook”

Proposed Findings and Sanctions Against the Government Filed In The World Bank Case

As discussed in the media (Washington Post and Associated Press), the plaintiffs in the World Bank case have filed their final proposed findings before the Special Master, including recommendations that D.C. Attorney General Irving Nathan and top aides be referred to the Bar for investigation. The case (Chang v. United States) has been going on for over ten years and involves the mass arrest of bystanders without probable cause during demonstrations against the World Bank and IMF. The case has been under investigation by Special Master John M. Facciola, United States Magistrate Judge for the United States District Court for the District of Columbia, who is looking into the loss or destruction of key evidence in the possession of the District of Columbia as well as false statements and filings made before the Court by District officials. Because I am co-lead counsel in the case with Dan Schwartz of Bryan Cave, I must remain circumspect in what I can say about the case. To relieve the burden on my secretary, I am posting the filing this week which is in the public record.

Continue reading “Proposed Findings and Sanctions Against the Government Filed In The World Bank Case”

Zimmerman Prosecutors Demand Investigation Of Defense Counsel Over Daughter’s Instagram

225px-Instagram_logoAngelaCoreyProsecutors in the George Zimmerman trial are facing a collapsing case and renewed question over whether Angela Corey succumbed to the political pressure and overcharged the case. The prosecution’s case has thus far been a disaster and many are now questioning whether charges should have been brought at all, let alone charged as second degree murder. For some inexplicable reason, the prosecutors led with Rachel Jeantel, who was one of the least compelling witnesses that they could have called from earlier perjury to ever-changing testimony. Now Angela Corey (right) and her office appear to be turning toward alternative areas of prosecution involving the daughter of one of the defense counsel.

Continue reading “Zimmerman Prosecutors Demand Investigation Of Defense Counsel Over Daughter’s Instagram”

Perjury By Permission: Clapper Apologizes For False Testimony And The Congress Remains Silent

220px-James_R._Clapper_official_portraitAF cover 4I previously wrote a column how our country seems to have developed separate rules for the ruling elite and the rest of us. There is no better example than the lack of response of the Senate to the admitted perjury of Director of National Intelligence James Clapper before Congress. While the Justice Department has prosecuted people for the smallest departure from the truth, including testimony before Congress, no one in the Senate is calling for an investigation, let alone a prosecution, of Clapper. For his part, Attorney General Eric Holder is continuing his political approach to enforcing the law and declining to even acknowledge the admitted perjury of Clapper. Now, in a truly bizarre moment, Clapper has written a letter of apology like an errant schoolboy to excuse his commission of a felony crime . . . and it appears to have been accepted. What is curious is that we do not have letters from senators like Dianne Feinstein apologizing to doing nothing when they were all aware that Clapper was lying in his public testimony. Welcome to America’s Animal Farm.

Continue reading “Perjury By Permission: Clapper Apologizes For False Testimony And The Congress Remains Silent”

Stolen Valor: Illinois Police Chief Demoted Over False Claim Of Being A Seal

robert kerkorian250px-US_Navy_SEALs_insigniaWe have previously discussed stolen valor cases where police arrest people for pretending to be former decorated veterans and heroes. But what if the man is not only the police but the police chief? When Robert Kerkorian joined the Waukegan, Ill., police department 26 years ago, he said that he was a Navy Seal (a common claim for stolen valor cases). That may have remained his secret until he was promoted to chief and a little checking led to a big embarrassment. Kerkorian was in the Navy for only six months and never even made it to Seal training.

Continue reading “Stolen Valor: Illinois Police Chief Demoted Over False Claim Of Being A Seal”

The Everyone-Did-It Defense: Oklahoma Supreme Court Refuses To Disbar Former Prosecutor Who Withheld Evidence in Capital Cases and Used False Subpoenas

yvonnekauger-busThe Oklahoma Supreme Court has rejected a request from the state bar association to disbar Robert Bradley Miller, former assistant district attorney for Oklahoma County, and given him just a suspension from practicing law for 180 days and court costs for egregious misconduct in two capital cases twenty years ago. We have often discussed the lack of deterrence for prosecutors who are rarely disciplined for conduct leading to reversals or false convictions. In this case, the bar wanted Miller out of its ranks for hiding a key deal with a witness and using falsified subpoenas to coerce cooperation from other witnesses. The novel defense — accepted by the state Supreme Court — was that lots of prosecutors acted abusively back then. The shocking opinion was written by Oklahoma Justice Yvonne Kauger (left).

Continue reading “The Everyone-Did-It Defense: Oklahoma Supreme Court Refuses To Disbar Former Prosecutor Who Withheld Evidence in Capital Cases and Used False Subpoenas”

Common Core Standards = No Child Left Behind on Steroids

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

We have all heard the stories about the federal education policy instituted under the George W. Bush administration referred to as No Child Left Behind (NCLB).  That program required schools to continually test students in order to gauge which schools are “failing” to produce students who were making sufficient educational progress.  The outgrowth of NCLB was the need for teachers to “teach to the test”.  Schools across the country stopped teaching important subject areas because they were not deemed important enough to be on the all important test.  Now, the latest federal educational program embraced by the Obama Administration, called Common Core standards, builds on the NCLB program and continues to force testing using standards that have not even been tested and are products of corporate sponsors tied to the testing industry! Continue reading “Common Core Standards = No Child Left Behind on Steroids”