Category: Uncategorized

The War on Women Continues in Ohio

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

Last week we read Prof. Turley’s article concerning a bill proposed in New Mexico that attempts to make it unlawful for a rape victim to have an abortion because it would be akin to destroying the “evidence” of the rape claim.  While that bill is an insult to women and right thinking men everywhere, I submit that it is further evidence that the longest “war” on record, is still going strong in this country.  One of the most controversial examples of how women in general and rape victims in particular,  can be turned into the criminals by the public and even the police and prosecution is the case of an alleged gang rape in August, 2012,  in Steubenville, Ohio.

The victim was a 16-year-old girl who after passing out at a party from drinking and/or date rape drugs was allegedly repeatedly raped and abused by members of the Steubenville Big Red football team. The details of what the victim endured are both heartbreaking and disgusting.  I apologize in advance for the lurid details, but they are necessary to fully understand how egregious the attacks were and how egregious the post crime attacks on the victim and her family were. Continue reading “The War on Women Continues in Ohio”

Grace Under Pressure: Owen Groesser’s Long Shot

By Mark Esposito, Guest Blogger

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The stat line read: MIN PLAYED: 2  3FGA: 4  3FGM: 2 PF: 0  TP: 6. Not bad for a basketball player but hardly Lebron-esque.

But for former equipment manager turned basketball player Owen Groesser it was indeed remarkable. Owen plays for Coach Jeff Howell’s Van Hoosen Middle School seventh-grade team in Rochester Hills, Michigan. In the final home game of the season, Howell asked Owen to put down his stat sheet and suit up for the game that would decide the city championship. Owen was ecstatic especially  since he’d been practicing at home with his dad all year just to enjoy shooting around with the guys during the practice sessions. Now he had a chance to play in a real game before his friends and teachers.

Continue reading “Grace Under Pressure: Owen Groesser’s Long Shot”

Inauguration Day

PresObama President Barack Obama is set to give his inauguration address today. The crowd is much smaller than his first term as is his popularity. The new Gallop poll shows Obama at a 49 percent popularity rate. While he remains personally popular, the overall popularity rate below fifty percent is comparable to Jimmy Carter and Gerald Ford — two presidents who ultimately languished in office.

Continue reading “Inauguration Day”

America’s Broken Criminal Justice System

Submitted by: Mike Spindell, guest blogger

200px-JMR-Memphis1While I’m not a lawyer, I do write for this legal blog by the invitation of its creator Jonathan Turley. I first arrived on the scene here many years ago because since the age of ten I have had been interested in the nature of the broad spectrum of civil rights issues faced by this country. My interest became an obsession at the age of ten. My parents, who were quite liberal, allowed me to stay up way past my bedtime to watch Ed Murrow bravely attack Sen. Joseph McCarthy for his Communist Witch Hunt, by documenting the anti-constitutional excesses he used to destroy people’s lives and careers. Months later they kept me home from school to watch the Army/McCarthy Hearings which directly led to McCarthy’s downfall. On our twelve inch, black and white TV I watched this famous scene:

“On June 9, 1954, the 30th day of the Army–McCarthy hearings, McCarthy accused Fred Fisher, one of the junior attorneys at Welch’s law firm, of associating while in law school with the National Lawyers Guild (NLG), a group which J. Edgar Hoover sought to have the U.S. Attorney General designate as a Communist front organization. Welch had privately discussed the matter with Fisher and the two agreed Fisher should withdraw from the hearings. Welch dismissed Fisher’s association with the NLG as a youthful indiscretion and attacked McCarthy for naming the young man before a nationwide television audience without prior warning or previous agreement to do so:

“Until this moment, Senator, I think I have never really gauged your cruelty or your recklessness. Fred Fisher is a young man who went to the Harvard Law School and came into my firm and is starting what looks to be a brilliant career with us. Little did I dream you could be so reckless and so cruel as to do an injury to that lad. It is true he is still with Hale and Dorr. It is true that he will continue to be with Hale and Dorr. It is, I regret to say, equally true that I fear he shall always bear a scar needlessly inflicted by you. If it were in my power to forgive you for your reckless cruelty I would do so. I like to think I am a gentle man but your forgiveness will have to come from someone other than me.”

When McCarthy tried to renew his attack, Welch interrupted him:

“Senator, may we not drop this? We know he belonged to the Lawyers Guild. Let us not assassinate this lad further, Senator. You’ve done enough. Have you no sense of decency, sir? At long last, have you left no sense of decency?”

McCarthy tried to ask Welch another question about Fisher, and Welch cut him off:

“Mr. McCarthy, I will not discuss this further with you. You have sat within six feet of me and could have asked me about Fred Fisher. You have seen fit to bring it out. And if there is a God in Heaven it will do neither you nor your cause any good. I will not discuss it further.”

The gallery erupted in applause.”

The drama of this distinguished lawyer chastising one of the most powerful men in the United States and silencing his cruelty was one of the defining moments of my life. It spurred a lifelong interest in the Constitution, the Law and the rights of the American People. Today, among other ills, I believe that our American Criminal Justice System is broken. Let me explain why I believe that. Continue reading “America’s Broken Criminal Justice System”

A Fine Line Between Honest and Stupid

by Gene Howington, Guest Blogger

In yet another episode of “Cops Behaving Badly”, we have Officer Gracie of the LAPD giving citizen 34 year old Chris Jackson of Venice, California, a ticket, allegedly for “riding on the wrong side of the bike path” after Jackson complained about the officer’s motorcycle blocking the bike path. The “officer” at first claims the ticket is for riding on the wrong side of the bike path. When challenged by Jackson that 1) he was passing on a dashed line and 2) that he knew of no law covering unsafe passing on the bike lane, the real reason Jackson was being ticketed came out.

He was being ticketed for disagreeing with the officer.

Continue reading “A Fine Line Between Honest and Stupid”

Making The Case For Breast Control

By Mark Esposito, Guest Blogger

ImageThe fight on Capitol Hill for gun control may be just a sideshow to the real threat to male security. Reports from Washington State suggest an even more dangerous weapon of choice. Fifty-one-year-old Donna Lange has been taken into custody for murder. Witnesses claim the Everette, Washington resident threw her boyfriend down in the trailer they shared and suffocated the man.  She was found straddling the poor victim with her ample chest completely covering his face. Lange outweighed her boyfriend by about 20 pounds in case you’re wondering. Arriving paramedics tried to  resuscitate the unnamed boyfriend but to no avail. There was no explanation for the curious smile on his face. (Ok, that’s a bad joke, sorry).

Source: Huffington Post

~Mark Esposito, Guest Blogger

Msgr. Meth: Priest Arrested After Dealing Crystal Meth From Catholic Cathedral

article-2263972-16FF2F76000005DC-89_308x425250px-MethpipeIt reads like Breaking Bad meets The Bells of St. Mary’s meets La Cage aux Folles. Monsignor Kevin Wallin was arrested for allegedly dealing crystal meth at Bridgeport’s St. Augustine Cathedral. Also coming out were allegations that Wallin was was a cross-dresser who was having sex in the rectory at Bridgeport’s St. Augustine Cathedral.

Continue reading “Msgr. Meth: Priest Arrested After Dealing Crystal Meth From Catholic Cathedral”

Sister Wives Hearing Today

240px-sister_wives_tv_series_logoToday, the federal court in Salt Lake City will hear final arguments in the Sister Wives case. The hearing on the motions (here and here) for summary judgment will be heard on Thursday, January 17th at the federal courthouse in Room 102 at 3:30 pm before Judge Clark Waddoups. Previously the court ruled against two efforts by the state to dismiss the case. The Brown family has challenged Utah Code Ann. § 76-7-101 (West 2010) under seven constitutional claims, including due process, equal protection, free speech, free association, free exercise, the establishment of religion, and 42 U.S.C. § 1983.

Continue reading “Sister Wives Hearing Today”

President Obama Disappoints, Why the Surprise?

Submitted by: Mike Spindell, Guest Blogger

495px-Constitution_of_the_United_States,_page_1Those who’ve read my comments here through the last two Presidential elections, know that I supported and voted for Barack Obama twice. Yet President Obama has been a disappointment to me throughout his Administration. His continuing support of what I consider extra-Constitutional intelligence gathering is a terrible thing. That Guantanamo Bay is still functioning is a continuing human rights violation. The continued American troop presence in both Iraq and Afghanistan is as disgraceful as the reasons that caused us to be there in the first place. Bradley Manning is an American hero that this country is illegally torturing with this President’s approval. The entire issue of the rising deficit and of a mythical “Fiscal Cliff” is one the President gives credit to, thus making it seem real to the public, while those decrying it merely are using it as a means of destroying America’s already frayed “social safety net”. The escape from criminal prosecution of the Bush Administration for War Crimes time has passed. The financial titans who collapsed our economy with their fraudulent manipulations will not be brought to justice, only become wealthier. The continuance of prosecuting the “War on Drugs” after we’ve seen marvelous public initiatives legalizing marijuana at State Levels, is a cruel hoax that destroys the lives of people in the name of protecting the citizenry. Need I go on to make the point of how disappointing this Administration has been? It would take tens of thousands of more words to do so, but then in this erudite group of those readers of this blog, it would be unnecessary, because so many here could do it on their own and perhaps better than I can.

Where I get confused at times here is in the continuing surprise that is expressed with each new violation of our rights, with each new foreign incursion and with the continued militarization of this country as it “goosesteps” towards the creation of an Empire. I get confused because I fail to understand why people who know better, would think that someone else as President could prevent all of these atrocious occurrences. This confusion is re-enforced by the fact that this blog has continually presented evidence that this country is no longer, if indeed it has been, under the aegis of our beloved Constitution. Leading the evidence presented here was Jonathan Turley’s blog post ”10 Reasons The U.S. Is No Longer The Land Of The Free”. http://jonathanturley.org/2012/01/15/10-reasons-the-u-s-is-no-longer-the-land-of-the-free/  As our esteemed proprietor followed up this post was selected as one of the top ten articles in the Washington Post’s Outlook Section for 2012. At the end of this piece I will give links to my own guest blogs which have also reinforced the idea that we are no longer the country of freedom that our establishment claims we represent. Thus comes my somewhat confused question as to why would we the denizens of this blog think that barring action by the people, that our President, or any other governmental officials could single-highhandedly return us to the ideals of our constitution. Continue reading “President Obama Disappoints, Why the Surprise?”

“A Brilliant Mother”: English Woman Given 17 Years For Beating Son To Death And Then Burning His Body For Failing To Learn The Koran

comp-sara-and-yaseen-1-522x293An English woman, Sara Ege, 33, was sentenced to seventeen years in jail in England for beating to death her son and then burning his body to hide her crime. Ege committed the heinous crime after seven-year-old Yaseen failed to memorize the Koran by heart. The defense nevertheless described her as a “brilliant mother.”

Continue reading ““A Brilliant Mother”: English Woman Given 17 Years For Beating Son To Death And Then Burning His Body For Failing To Learn The Koran”

Second Circuit Rejects Middle Finger As A Cry For Help

3682The Second Circuit has reinstated a civil rights lawsuit by former airline pilot John Swartz, a Vietnam veteran who sued after he was arrested in New York for disorderly conduct. Swartz, a Vietnam veteran, says that he was arrested after he signaled his displeasure with a speed trap by extending his middle finger in a universal sign of contempt. The officer however insisted that he took the gesture as a cry for help and followed Swartz. The case is Swartz v. Insogna, 2013 U.S. App. LEXIS 186 (2d Cir. 2012).

Continue reading “Second Circuit Rejects Middle Finger As A Cry For Help”

2012 In Review

220px-New_Year_Ball_Drop_Event_for_2012_at_Times_SquareWe have had a great year on the blog and passed the 14 million view mark as well as the 10,000th blog and 300,000 comment. We continue to experience remarkable growth both domestically and internationally. That success is due entirely to our growing ranks of regular bloggers and commentators, including but not limited to our weekend guest bloggers David Drumm, Mark Esposito, Gene Howington, Michael Spindell, Eliane Magliaro, Mike Appleton, and Larry Rafferty.

Continue reading “2012 In Review”

Liberté,Egalité, Fraternité: French Court Strikes Down 75 Percent Tax on Rich

libertyFor months, I have criticized the tax policies of France’s Socialist President Francois Hollande, particularly the confiscatory 75 percent tax rate for the wealthiest French. In addition to being in my view unfair, it is extremely bad economic policy. France’s Constitutional Council now appears to agree — at least on the equitable side. On Saturday, the Council rejected a 75 percent upper income tax rate on annual income above 1 million euros ($1.32 million) as an unfair treatment of different households. Popular figures like French actor Gerard Depardieu have opposed the tax and even left the country. The French experience should get some in the United States to dial down on our own over-heated rhetoric on economic policy. (Yes, I will now vent a bit on economic policy).

Continue reading “Liberté,Egalité, Fraternité: French Court Strikes Down 75 Percent Tax on Rich”

“Rugged Individualism”

Submitted By: Mike Spindell. Guest Blogger

Fess_parker_crockett_disney_televisionMythology can be seen as the social glue of diverse groups. It is the accumulation of tales, beliefs, moral strictures and mores that gives a specific population a sense of homogeneity, allowing it to exist with synergy. This is true of nations, ethnic groups, religions and even political movements. One of the defining conditions in our nation is that we are one of the most diverse on this planet when it comes to religions and ethnicities. All of our original thirteen states came into existence via individual peculiarities of settlers, religious sects, slavery, climate and the spoils system of colonialism. About a third of the citizens of those thirteen colonies, of the nascent United States, chafed under foreign domination and engendered a rebellion against the British Empire’s exploitation. Among that fractional populace, there fortunately resided a group of the colonies wealthiest citizens and greatest minds. The rebellion succeeded and a decade later a government emerged created by the novelty of a Constitution delineating how it was to be run.

As improbable as the rebellion against the world’s greatest power might have seemed, the ongoing success of this enterprise is even more of an improbability. From the beginning most citizens saw themselves as attached more to their individual states, than to the Federal Government. The subsequent history of this country is well-known, but what I think often gets missed is that the history as we know it is mostly a creation of an American mythology, which has given consistency to this diverse enterprise and served to inculcate waves of immigrants into seeing themselves as part of America. While a nation’s mythology may serve it as “social glue” it can also contain within it seeds of social dysfunction. What follows is my take on the American Myth of the “Rugged Individualist” and why though it may have had initial utilitarian value; it has become cancerous within our country and may lead to the disintegration of America as we know it. Continue reading ““Rugged Individualism””