It appears that the thin blue line defense still works. A video recently showed Louisville police officer David Graham striking handcuffed John R. Sanders, 19. However, the jury that convicted Graham proceeded to fine him just $2 — $1 for each of the two charges.
Category: Society
The City University community college system released a shocking statistic last week that roughly 80 percent of New York City high school graduates fall below proficient levels of reading, writing, and math and must take remedial courses before starting any classes.
by Gene Howington, Guest Blogger
Recently we discussed the DHS’s self-approval of their draconian and arguably unconstitutional and unquestionably outrageous policy on searching computers within 100 miles of the border (Your Rights Under Attack: What A Difference 100 Miles Makes). This week, a ruling from the 9th Circuit Court of Appeals not only showed the DHS was legally wrong in their self-approval of a policy that runs afoul of the 4th Amendment, but also illustrated the true value of the checks and balances created by the Separation of Powers Doctrine that so many in the Executive seem eager to trample these days. The case at bar was U.S. v. Cotterman. In a breath of good news for civil libertarians, the 9th Circuit Court of Appeals en banc ruling held that the 4th Amendment does apply at the border despite DHS contention to the contrary.
Let’s look at this case and ruling. Bear with the long restatement of facts as they are relevant to the holding.
Continue reading “UPDATE – Your Rights Under Attack: What A Difference Judical Review Makes”
By Mark Esposito, Guest Blogger
In Maryland, a seven-year-old boy is suspended from his school under its “zero tolerance” policy because he nibbles a pastry into the shape of a handgun and says “Bang!” “Bang!” (Here). In California, a high school principal refuses to let an ambulance come onto a football filed to tend to a seriously injured player citing school board rules. (Here). A nurse at a home for the aged ignores the furtive pleas of a 911 dispatcher and refuses to perform CPR on a woman dying of cardiac arrest because she says its policy not to do it. (Here). She won’t even get someone else to do it.
Submitted by: Mike Spindell, guest blogger
This blog, like many others has an internal search function that will lead you to past stories. It is located beneath the smiling countenance of our proprietor on the upper right. If you enter SWAT into search, you see that the first archive page shows 19 stories involving SWAT raids that were unnecessary and/or unwarranted. In those raids 4 people and 9 dogs were shot in error by the SWAT Team. Just a catalog of the shootings belies the terror that these raids can instill in people who are merely residing within their homes. Many of the articles detail doors suddenly smashed open, flash grenades and gas grenades tossed into the home, people thrown to the floor handcuffed and left for hours in that position, by invading SWAT teams that either had the wrong house, faulty leads and or in some cases enforcing what were clearly civil warrants. In one instance in California a SWAT raid was carried out due to the suspicion of a defaulted student loan. http://jonathanturley.org/2011/06/08/california-family-hit-with-swat-raid-ordered-by-the-department-of-education/
I believe that the rise of these SWAT teams is leading this country towards martial law and what we all commonly understand is a “police state” as repressive as any we’ve seen in the past century. We have seen constant encroachment on our citizens Constitutional protections and a continued erosion of “the Bill of Rights”. Free Speech, the right to peacefully assemble, Habeas Corpus and safety from unwarranted intrusion in our own homes, among others, have been steadily eroded under various guises, be it the drug war, or national security. In my opinion the SWAT team concept, which militarizes our police forces, is leading this nation to what I see as a state of Martial Law. Despite ones place on the currently inflamed political spectrum, this is a problem that I think concerns us all as citizens, not as partisans. I will present to you sufficient proof of my belief, the majority of which will come from what can be fairly described as a “Libertarian Think Tank” and which was founded by Charles Koch, among others. When I find myself on the same side on an issue as the Cato Institute, then I know with certainty that my fears are well grounded and unrelated to any personal partisanship of my own. Continue reading “SWAT: Is America Coming Under Martial Law?”
We previously discussed how Attorney General Eric Holder wrote a letter confirming that the President would have authority to kill citizens on U.S. soil without a charge or conviction. His answer triggered a principled filibuster by Sen. Rand Paul and another embarrassment to Democratic Senators who, again, chose personality over principle in staying silent. Now, Holder has issued a new statement. No, President Obama still claims the right to kill U.S. citizens on his sole authority. However, Holder now says that, if the citizen is “not engaged in combat on American soil,” the President cannot vaporize him. The answer leaves the constitutional claim of Obama even more confused and conflicted. Does this mean we have a third category now under the policy: citizen, citizen terrorist, and citizen non-combatant terrorist? The difference appears to determine whether you can be vaporized or speak to counsel but Holder is not explaining to the citizenry.
Congress is again showing its traditional contempt for the rule of law this week with members crying foul that Sulaiman Abu Ghaith, an Al Qaeda spokesman and son-in-law of Usama bin Laden, would be actually given a fair trial. Senators like Lindsey Graham (who just yesterday condemned a fellow Senator for standing against Obama kill list policy) has denounced the decision not to give Abu Ghaith a military tribunal trial where basic constitutional protections are denied to detainees.
Continue reading “Members Denounce Decision To Give Al Qaeda Spokesman Real Trial”
There is an interesting case out of Alabama where Circuit Judge Charles Price has issued an extremely rare order blocking a governor from signing a controversial education bill. Price wants to have a mid-March hearing on the legal issues surrounding the education bill and does not want Governor Robert Bentley to sign it until then. The teachers’ group, Alabama Education Association, has argued that the Republicans bypassed state rules in the inclusion of a tax credit measure. Even if they are right, however, Price’s order seems wildly out of line as a constitutional matter.
Continue reading “Alabama Judge Orders Governor Not To Sign Controversial Education Bill”
In the last few weeks, the Administration has been pushing hard to show how sequestration has produced dire consequences even though it involved only $85 billion (including the implausible claim that thousands of illegal aliens had to be released due to the cuts). For some of us who have complained about the Administration giving billions to Israel and other countries, it was a hard sell even if you do not agree with sequestration. Now a report has come out showing, as has been discussed for years on this blog and other sites, most of the $60 billion given to Iraq in the last ten years was wasted or lost to open corruption. The long documented waste of billions did not cause either the Bush or Obama Administration (or Congress) to take meaningful steps to stop the funding or, better yet, pull out of the country.
Continue reading “Report: Most of the $60 Billion In Iraqi Aid Wasted”
Dona Ana County in New Mexico has agreed to pay Stephen Slevin, 59, $15.5 million after it kept Slevin in solitary confinement for 22 months without a trial for a DUI arrest. The horrific case was made worse by years of litigation by the county, which refused to pay a court verdict that was originally $22 million. One of the most disturbing facts of this case however is that not a single county employee was fired over his grotesque treatment, which included the denial of necessary medical attention.
Continue reading “New Mexico Man Held 22 Months Without Trial Is Awarded $15.5 Million”
It appears some things do not stay in Vegas. State District Judge Eugenio S. Mathis, 58, of Las Vegas, N.M., has resigned from the bench after being accused of sextexting his wife from the bench as well as other alleged misconduct. He has also agreed never to hold a judicial position again.
Continue reading “New Mexico Judge Resigns Amid Allegations of Sextexting and Misconduct”
Attorney General Eric Holder this week held out the possibility that the President could kill an American citizens with a drone attack on U.S. soil without any criminal charge or trial. After Holder announced President Obama’s kill list policy, many apologists for the Administration insisted that the policy was limited to targets outside of the United States and was subject to a form of due process of the President’s own making. At the time, I wrote that these arguments were nothing but spin by the Administration and its supporters since the underlying claim of authority would have no such limitations. Holder now appears to have confirmed that even they do not believe in such limitations. This follows the release of a memo showing that Holder’s description of the policy at Northwestern University Law School was narrower than the actual policy described within the Administration.
The murder trial of George Zimmerman just got a bit more complicated after an attorney revealed in open court that the girlfriend of teenager Trayvon Martin, known as Witness 8, is believed to have lied about her whereabouts following his death. The girlfriend has supplied a key account that portrayed Zimmerman as the aggressor from a brief telephone call with Martin. However, Mark O’Mara revealed in court that she is believed to have lied in stating under oath that she did not go to Martin’s funeral because she was hospitalized. While that does not change the account of the telephone call, it would be a lie under oath that could be prosecuted and would chip away at her credibility, particularly with another witness saying that Martin was seen on top of Zimmerman shortly before the shooting.
Continue reading “Key Witness In Zimmerman Accused Of Lying Under Oath”
Schools in Beaver County, Pennsylvania were shutdown on the basis for a voicemail greeting in which a student sings the theme air of “Fresh Prince of Bel Air.” That’s right, there appears little inquiry that is made between a call of a receptionists who misheard the lyrics of a song and a total police shutdown of a county.
We have yet another case of lunacy in our schools as part of the zero tolerance policy regarding guns. We have previously explored how teachers and school administrators are expelling or suspending students for everything from finger guns to stick figures. (here and here and here and here and here and here and here and here and here and here). For a prior column, click here. Now, Josh Welch, 7, was suspended for two days because he nibbled on his strawberry tart and made it look like a gun. He picked up the fearsome Danish and said “bang, bang” and a teacher reported was irate.