Whistleblowers who have identified hundreds of millions of dollars have faced terminations and other forms of retaliation. The Bush Administration has allowed such retaliation while simultaneously campaigning against the United Nations for not dealing with corruption and not protecting whistleblowers. For the UN campaign, see this story .
It is one of the most disturbing stories to come out of this disturbing military intervention. First, the Administration allows massive levels of corruption despite on-going coverage of the problem. Second, when whistleblowers try to stop the corruption, the Administration allows them to be persecuted and then fights their efforts at receiving relief from the retaliation in some cases. With a projected 1 trillion dollars to be spent on Iraq, the conditions are ripe for a lot of people to make a lot of money in little time. There are many who do not want that bonanza to end. Yet, the public seems strangely quiet over the on-going corruption and enrichment at their expense.
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The Washington Post is reporting today that the government in 2006 flagged roughly 20,000 people as suspected terrorists. It is a report that seems to confirm that the Administration’s new powers have allowed it to pursue thousands on the weakest of possible suspicions. Only a handful have been prosecuted and most of those have to minor or unhinged characters. The question remains the cost of this massive population of citizens under suspicion and a government system that seems to replicate itself — growing ever bigger while desperately trying to find suspects to justify its costs and personnel. This is not to say that we should be less vigilant. Rather, these figures show a hair-trigger mentality where citizens are thrown under investigation with little cause or remedy.
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Manuel Noriega appears to have lost his bid to return to Panama rather than be extradicted to France. Noriega, 73, has served 15 years in the United States and U.S. allies are concerned about his return to Panama where he remains popular. The interest of France seems a bit suspicious and opportunistic in that context. The legal basis for the invasion remains a consuming debate among academics and this extradition will fuel concerns that the law is being used to prevent his return to power.
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There is much talk about Portland campers who caught an alleged peeping tom and tied him to a tree where he was left for an hour and photographed. The case raises a couple of interesting legal questions. First, he was in a public area where there is a lesser expectation of privacy. The women were using this area as an outdoor latrine. Nevertheless, there is a common law protection against intrusion of seclusion and other privacy interests. For the campers, he could charge them with false imprisonment and his own privacy violations in the photographs. They would have to allege self-defense and holding a known felon caught in the midst of a crime.
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In the bizarre case of former astronaut Lisa Nowak, there appears a valid constitutional concern. According to her counsel, Nowak repeatedly asked if she should have an attorney and indicated a desire for such counsel. The police insist that she did not express demand an attorney before giving incriminating information. The line here is murky. Under cases like Edwards, questioning must stop when counsel is demanded. The clarity of such a demand, however, has often been in dispute. What is disturbing is that the detective clearly understood that rule and, rather than acting to protect her rights, used her confusion to elicit incriminating information. The case is being heard in Orlando, Florida.
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A doctor in Rhode Island is being accused of operating on the wrong side of the head of an 86 year old man. Such mistakes have been documented in other cases, often as the basis for battery charges. Even a consensual surgery is battery, if the doctor operates on part of the body that was not part of the original consent. Such battery charges often accompany negligence charges.
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Atlanta appears ready to use the power of the law to combat the scourge of baggy pants. That’s right, baggy pants. It appears that crime, drug, and poverty are no longer pressing issues. They are not the first to tackle the issue of teen clothing, as this prior column notes, click here
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One of the longest standing debates in law is over the rule that one has no duty to rescus another individual unless they are responsible for the damage or harm. Thus, in even the lowest cost rescues, bystanders cannot be charged. In the criminal area, this becomes even more shocking as in the most recent case of a woman who called out to at least 10 witnesses for help during a rape and assault. No one came to her aid. The alleged assault lasted for 90 minutes in a St. Paul apartment building.
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Marine drill instructors are famous for their use of language and bodily intimidation. However, a new case illustrates the new limits on such conduct with hundreds of counts against a drill instructor for abuse of recruits. This has long been a controversy in military training based on the theory that physical fear and intimidation break down a civilian and allow the reconstruction of a tougher soldier.
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Arthur Bremer who shoot George Wallace appears headed for release. He has now served 35 of his 53 year sentence. He is considered a model prisoner despite his crime in 1972 in Laurel, Maryland.
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The man who shot presidential candidate George Wallace in 1972 will be released from a Maryland prison in December.
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A recent article details how many defective toys, like those recalled from China, are still be sold on sites like Ebay. Under the common law, a private seller is not subject to strict products liability. Only commercial sellers are subject to such litigation. What is interesting is that a department store with knowledge of the defect would also be liable. Ebay, however, could offer the novel defense that they are merely a conduit for private sales.
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In another example of the mindless crack down on kids in schools, officials suspended a boy for drawing a gun. That’s right, drawing a gun. This is another example of a national debate over boys and guns. For prior column, click here
The Arizona school officials have shown the same mindless application of this policy that we have seen in other states. We have seen other bizarre punishments in the zero tolerance policy on drugs (even aspirin). What is lacking is any level of discretion and analytical thought. It undermines a legal system to have educators applying rules in such blind, Stalinistic ways.
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The ninth circuit has ruled against cops who stopped a car based on a complaint that the stereo was too loud — suppressing the gun found within the vehicle.
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A story today about criminal charges against a grandmother for not keeping a nice law is part of a large problem of criminalization of conduct in America. For prior column, click here
Increasingly, legislators are making any obnoxious conduct or social priority a criminal matter. This is not only giving millions of people criminal records, but it is destroying the distinction between civil and criminal violations — a foundation for our legal system.
For the latest criminalization story, clickhere