Category: Society

Criminal law, Society

Gun In Charlotte Shooting Reportedly Was Stolen and Scott Had A Violent History

gun-use_20160924224445060_6155669_ver1-0_1280_720 The controversy over the death of Keith Lamont Scott continues to get more complicated. While the family insisted that Scott was unarmed, that now appears false. Not only was a gun found at the scene but it reportedly had his DNA and fingerprints on it. Now, reports now indicate that Scott’s gun was stolen and bought illegally from the thief. In the meantime, however, protesters are now calling for the resignation of the mayor and the police chief in Charlotte.

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Bizarre, International, Politics, Society

Advocates Help Workers Win Pay Wage Benefits . . . China Then Sentences The Advocates For Criminal Conduct

unknownChina is a land of gross contradictions and crippling ironies from its “Red Aristocracy” to its billionaire communists to its luxury lifestyles for party members. However, perhaps the greatest irony is how the “Worker’s Paradise” regularly arrests those who advocate workers rights. The latest such case involves Zeng Feiyang, director of the labor rights group the Panyu Workers’ Center and his colleagues Tang Huanxing and Zhu Xiaomei. Their crime was tied to their successful advocacy for better worker wages and benefits. After the workers were given the benefits, the government arrested the three advocates.

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Environment, International, Politics, Science, Society

WHO Study: 9 Out of 10 People Live In Unhealthy Polluted Environments

220px-Factory_in_China240px-The_Earth_seen_from_Apollo_17The World Health Organization has released the latest global report on air pollution and it is highly disturbing. Nine out of 10 people worldwide now live in places where air pollution exceeds health standards and face higher risk of heart disease, strokes and cancer.

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Columns, Congress, Criminal law, Media, Politics, Society

Searching For Answers In The Land Of The Immunized: FBI Discloses Five Separate Immunity Deals In Email Scandal

Jcomey-100cheryl_d-_millsLast week, the disclosure of a total of five immunity agreements handed out by the Justice Department as part of its investigation of the Clinton email scandal. The extent of the deals and the recipients were surprising, particularly in the failure to previously disclose those deals. As a criminal defense lawyer, I was surprised to see the deals include Cheryl Mills, one of the highest officials accused in the deletion of tens of thousands of emails and the failure to heed warnings over the risk to national security from the use of the Clinton private server. Below is the column.

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Academia, Society

Is Mispronouncing A Name A “Microaggression”?

I have been a long critic of the erosion of free speech on college campuses and the use of the ill-defined concept of “micro aggressions” to sanction students and faculty alike. Now there is a national campaign by the National Association for Bilingual Education and the Santa Clara County Office of Education that indicates that a teacher who mispronounces a student’s name is causing an offense to the student’s identity. negative emotional state that can lead to poor academic success.

The campaign, titled “My Name, My Identity” says on its website, “Did you know that mispronouncing a student’s name negates the identity of the student? This can lead to anxiety and resentment which, in turn, can hinder academic progress.” The author of an influential report on the issue, Rita Kohli, an assistant professor of education at the University of California at Riverside, maintains that such mistakes can be deemed a “microaggression.” That is chilling for some of us who are notoriously bad at pronouncing names.

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Criminal law, International, Military, Society

Afghan Government Pardons The “Butcher of Kabul” And Gives His Terrorist Group Governing Authority

gulbuddin_hekmatyarIf you were still wondering what the thousands of dead and wounded U.S. soldiers (and billions in funds) lost in Afghanistan accomplished, your confusion is about to be exponentially increased. This week, our Afghan allies in the government pardoned one of the most ruthless terrorists in the world — a man who murdered Americans, supported throwing acid in the faces of girls and women, and stood out among the most blood-soaked terrorists in the world. He is now effectively the ally of the Afghan government and by extension the United States. The man is Gulbuddin Hekmatyar, the hated leader of the militant group, Hezb-i-Islami. He is better known by his popular and well-earned nickname: “The Butcher of Kabul.”

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Bizarre, Criminal law, Society, Torts

Three Phoenix Officers Resign After Incident Where Driver Was Allegedly Forced To Eat Marijuana

1474609268529Three Phoenix police officers have resigned after a bizarre and disturbing case of abuse. Richard G. Pina, Jason E. McFadden, and Michael J. Carnicle are accused of making a 19-year-old Phoenix man eat marijuana found in his car after a stop — an act that left the man feeling ill. The resignations occurred just before the officers were fired, but there remains a couple of disturbing questions.

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Constitutional Law, Courts, Criminal law, Free Speech, Lawyering, Politics, Society

Public Defender Refuses To Remove “Black Lives Matter” Pin Despite Judicial Order

black-lives-matter-button-225Deputy PD, Erika Ballou, has refused to comply with a judicial order to remove a Black Lives Matter pin from her blouse — a clear violation of court rules. As we recently discussed with regard to such pins, judges maintain basic rules of decorum and dress in their courtrooms, particularly in barring political symbols that may influence a jury or witnesses. What is astonishing is not just that Ballou defied the court but that Clark County Public Defender Phil Kohn was standing next to her and a dozen defense lawyers stood behind her in support.

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Bizarre, Criminal law, Media, Politics, Society

My Year Of Living [Carlos] Dangerously: New Revelations Show Anthony Weiner Sexting 15-Year-Old

Anthony-Weiner-2Former congressman Anthony Weiner appears intent on showing that he is without a single redeeming quality. Long a favorite of liberals for his acerbic attacks on the right, Weiner lied when he was first accused of sending naked unsolicited pictures to women. He attacked the media and denied everything until the proof became insurmountable. He then professed shame, resigned from Congress, and promised to reform. Later he ran an embarrassing mayoral campaign, though not without liberal supporters who continued to defend him. He was then outed again as “Carlos Danger,” this assumed name in sending new texts. He again faded away with promises of reform. Friends gave him jobs as a political commentator and even a public relations expert. He was then shown to be again sexting this year, including pictures showing his infant son. After his wife (Hillary Clinton aide Huma Abedin) left him, it has now been revealed that Weiner has been sexting a 15-year-old girl and allegedly knew that she was a minor. In the most recent scandal, Carlos Danger has emerged as “T Dog.” On this occasion, however, Weiner could have crossed the line into criminal misconduct.

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Bizarre, Politics, Society

African American Doctors Call Upon President Obama To Ban Menthol-Flavored Cigarettes

unknownI have long been a critic of government bans on lawful products to prevent consumers from making poor health or lifestyle choices, including Michael Bloomberg’s failed effort to ban “Big Gulp” sodas. Now a group of African-American doctors are asking President Obama to ban the sale of menthol-flavored cigarettes because they are too popular with black smokers. We can certainly have a debate over a possible prohibition of tobacco products as inherently dangerous. However, if tobacco use remains lawful to smoke or sell (as I believe it should be), there are serious legal and policy problems with a ban on a product solely because it is too popular with one group.

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Congress, Criminal law, Justice, Lawyering, Media, Politics, Society

Stonetear’s Secret: Immunized Former Clinton Aide Allegedly Sought Advice On Removing Email Address For “Very VIP” Official [UPDATED]

bleachbit-paul-combettaWe have been discussing the controversy surrounding the decision of the Justice Department to give immunity to former State Department staffer, Bryan Pagliano and tech specialist Paul Combetta — thereby removing much of the pressure that could have been brought to bear with the threat of criminal charges. That immunity deal became even more questionable when it was disclosed that Combetta used Bleachbit to destroy email records despite his knowledge that those records were being sought by Congress. Now, there is an allegation that Combetta sought advice on the website for how to hide a “VIP’s (VERY VIP) email address.” If true, that would show a conscious effort to conceal the identity of the VIP and illegally alter federal records. Either Combetta did not disclose this effort in violation of his immunity deal or the Justice Department effectively removed a serious threat of indictment though the agreement. Update: the House Committee has ordered Reddit to preserve all messages concerning “Stonetear.”

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Bizarre, Media, Politics, Society

Trump Accused Of Using His Charitable Foundation to Pay Off Legal Settlements With His Businesses

495px-Donald_Trump_by_Gage_SkidmoreThe controversy over Donald Trump’s use of his charitable foundation is growing this week. Previously, Trump was fined $2,500 by the IRS for making a $25,000 gift from his charity to support the re-election of Florida Attorney General Pam Bondi. That donation occurred just a few days after Bondi said that she was considering joining the state of New York in a lawsuit against Trump University. It was a highly problematic use of a charity with obvious concerns over the timing. Now, there is an even more surprising disclosure that Trump used more than a quarter-million dollars from his foundation to settle lawsuits involving his for-profit businesses. That is a very serious allegation and I am surprised that, if true, legal counsel would have signed off on such an arrangement.

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Academia, Bizarre, International, Society

Swiss Study: People Become More Sociable After A Single Beer

imagesWe recently discussed the dubious research grant on lesbian drinking habits. Now, researchers in Switzerland have used a research grant to establish what would seem the most obvious fact known to most anyone over 10: drinking a single glass of beer can make people more sociable. It turns out that Mackeson Beer was right: “It looks good, it tastes good, and by golly it does you good.”

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Bizarre, Politics, Society

Clintonian Natural Law: Ex-President Insists It Is Perfectly Natural For Donors To Seek Favors

 

bill_clinton_by_gage_skidmoreClinton lawyers must have been wincing yesterday as former President Bill Clinton sought to defuse the criticism of the Clintons in accepting money from a wide variety of businesses and foreign parties (including dubious donors) with interests before the State Department. Bill Clinton took to the airways to insist that it is perfectly natural for donors to seek favors at the State Department and that he and Hillary trusted government officials to do the right thing in dealing with such requested favors. That is hardly going to help.  Even if you dismiss the controversy with an “everyone does it” defense, the problem remains that Hillary Clinton was not some politician but the Secretary of State and the donors were seeking official actions by the United States government.  It sounds like an admission that some wanted to “pay and play” but the Clinton left it to others to refuse to play.

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Bizarre, Constitutional Law, Politics, Society

Alleged New York Bomber and His Family Sued Police Over Alleged Profiling In 2011 [UPDATED]

3893144500000578-0-image-m-7_1474295175812There is a bizarre twist to the most recent bombing in New York and the wounding of alleged terrorist Ahmad Rahami. The Rahami family filed a federal lawsuit in April 2011 that claimed that they were being targeted solely due to discrimination against Muslims and profiled by the government. The 11 count lawsuit named the City of Elizabeth, the Elizabeth Police Department, six Elizabeth police officers, chief of police Ronald Simon and police director James Cosgrove. Given the real prejudices that Muslim families face today, there is reason to fear that the situation could become far worse. Donald Trump has called for profiling while Hillary Clinton has called for tougher Visa rules. Notably, a news report indicates that his father actually contacted police two years ago to say that he believed that his son was a terrorist.  Thus, the family appears to have rejected his extreme views — precisely the type of tip that the government has sought to generate by working closely with the Muslim community.

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