International, Media, Politics, Religion, Society

Saudi Teenager Involved In Bangkok Standoff Granted Asylum In Canada

By Darren Smith, Weekend Contributor

On Friday our host featured an article depicting the plight of Saudi Arabian National Rahaf al-Qunun who fled to Thailand to escape what she described as religious persecution for apostasy. Ms. al-Qunun renounced Islam and refused to submit to the state’s discriminatory practices toward women.

Her asylum pleading for many seemed a prima facie case, given apostasy is punishable up to and including the death penalty and Canada swiftly approved her petition upon her arrival.

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International

Kurdish Forces: Two American Jihadists Captured

By Darren Smith, Weekend Contributor

Source: Syrian Democratic Forces


Kurdish Democratic Forces in Syria report the arrest of two Americans allegedly fighting with or aiding the Islamic State terrorist organization in Syria.  The two men are identified as Warren Christopher Clark, 34, of Texas and Zaid Abed al-Hamed, 35.

They were captured by the Kurds during a counter-terrorism raid near the Iraq border in the vicinity of one of the few remaining holds of ISIS in Syria. Prior to their capture, the two, along with a Pakistani National and a male reportedly from Ireland, were preparing an attack against civilians fleeing the battlefields.

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Constitutional Law, Criminal law, Free Speech, International

Saudi Teenager Continues Standoff In Thailand In Seeking Asylum

There remains confusion in Thailand over the fate of Rahaf Mohammed al-Qunun, 18, who is seeking asylum after renouncing Islam and refusing to be treated as chattel under the medieval laws of Saudi Arabia. We have previously discussed the sexist and repressive laws imposed on women in the Kingdom, making adult women effective wards of male family members, including younger siblings or family members. Since the Saudis kill people for apostasy, the fear of this young woman is real and immediate. She is deserving of asylum and the United States should show that it truly believes in women’s rights and step forward to give her protection against our Saudi allies.

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Criminal law, Media, Politics

New York Times Issues Retraction In Bombshell Collusion Story

The New York Times caused a firestorm over its reporting that former Trump campaign manager Paul Manafort attempted to pass internal Trump campaign data to a Russia oligarch with close ties to Vladimir Putin during the 2016 presidential race. Various sites declared the story by reporters Sharon LaFraniere, Kenneth P. Vogel and Maggie Haberman as the final corroboration of collusion between the Russians and the Trump campaign. However, the New York Times later retracted the key connection to a Russian oligarch.

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Bizarre, Constitutional Law, Criminal law, Torts

Police Search For Rapist After Woman in Vegetative State For Ten Years Gives Birth In Arizona Facility

Regulars on this blog are familiar with the doctrine of res ipsa loquitur (or “the thing speaks for itself”). One twisted case near Phoenix, Arizona would certainly seem to fit that definition after a patient in a vegetative state gave birth. AZ Family reported that he victim is a member of the San Carlos Apache Tribe who nearly drowned 10 years ago. Police or the company may seek DNA samples from all male employees at Hacienda HealthCare. In this case, a positive match would by definition confirm rape given the non-consensual context.

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Columns, Constitutional Law, Politics

Yes, Trump Has The Authority To Declare A National Emergency On The Southern Border

Below is my column in The Hill newspaper on the threat of President Donald Trump that, should the Democrats refuse to fund the wall, he is preparing to declare a national emergency to build it unilaterally. As I discuss below, I believe that such a declaration should be opposed by Congress in defense of its inherent constitutional function over the federal purse. I do not see the compelling basis to declare an emergency given the available data on illegal crossings on the Southern border. However, I disagree with those who have argued that such a declaration would be unconstitutional.

Here is the column:

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Congress, Constitutional Law, Military, Politics

Trump Goes “Medieval”: Both Sides Deepen Divide Over Wall

In his signature fashion, President Donald Trump on Wednesday embraced the criticism of the Democrats and said that his wall is “medieval” but works. Last night, the public saw both the President and the Democrats announce that they will not yield an inch as the country continues what will soon become the longest government shutdown in history. Lingering in the background is the threat of a presidential declaration of emergency — followed by a unilateral order to start to build the wall with unobligated funds. If so, the White House needs to guarantee that it will not repeat the grossly negligent performance of its first travel ban roll out. Trump reportedly stormed out of a meeting with Democrats in the afternoon.

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Congress, Criminal law

Rep. Lee: Shooting Of Black Child By Black Suspects Is Still Possible Hate Crime Because It Was Hateful

A second suspect has been arrested in the shooting of 7-year-old Jazmine Barnes in Houston Texas. Larry Woodruffe was arrested in the drive-by shooting after the earlier arrest of Eric Black, Jr., 20.  Barnes was shot and killed on Dec. 30, while riding in a car with her mother and three siblings. She died at the scene and her mother, LaPorsha Washington, and her 6-year-old sister were both injured. Rep. Sheila Jackson Lee (D., Tx) previously called the shooting a hate crime when the suspect was alleged to be white. Now, however, Lee still insists that this should be prosecuted as a hate crime despite the fact that the two suspects are both African American.

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Congress, Politics

Tax Hikes or Tax Hypes? Both Sides Start The Spin Toward 2020 On Tax Politics

Congresswoman Alexandria Ocasio-Cortez (D-NY) has reignited the debate over tax rates with her proposal a 70 percent top federal income tax rate. While few Democratic leaders are supporting such a proposal, most continue to criticize the wealthy for not “paying their fair share.” However, data from the Congressional Budget Office shows that the top 20 percent of earners in the country pay roughly 90 percent of the income taxes. When all taxes are considered, the top 20 percent pays roughly 70 percent. What is clear is that both sides are shading data in this debate.

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Lawyering, Media, Society

Notorious New York Lawyer Aaron Schlossberg Sued By Former Client

There is an interesting postscript story to the controversy surrounding New York attorney Aaron Schlossberg. As we discussed earlier, Schlossberg who went on a bizarre tirade against Spanish-speaking restaurant workers has quickly become the most hated man of the week in New York.  The New York Post reported that he has now been kicked out of his office by Corporate Suites, the company that held his lease.  Now, Schlossberg’s former client, Niche Music Group LLC, is suing him for embarrassing the company by its association to him. While I have little sympathy for Schlossberg (who is a GW grad), the lawsuit raises a troubling question over the liability of lawyers for statements or conduct made in their private lives. The premise of the action is that a lawyer can be sued if his views or actions cause embarrassment by association with clients.

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Bizarre, Criminal law, International

Finland’s Courts Just Ruled That Sex With A Ten-Year-Old Girl Was Not Rape

Statutory rape is a crime that has critics over its application and scope. Some object to the use of the law against teenage boys but not the girls in a consensual affair. Others object to cases where age is concealed or close to the age of majority or the other partner. However, few people disagree that sex with a child can ever be truly consensual . . . outside of Finland. Finland’s Supreme Court recently rejected the appeal filed by prosecutors of  a three-year prison sentence for sexual crimes. The lower courts rejected rape charges on the ground that the 10 year old girl consented to sex in 2016 with an adult man. The man, a 23-year-old asylum seeker, argued that he did not force the girl into the sexual relationship with him and the courts agreed.

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Constitutional Law, Politics, Society

NAACP Declares Portland Earthquake Warnings To Be Racist

There is a bizarre controversy in Portland, Oregon after the city began to put up notices on buildings that it deemed unsafe for possible earthquakes. The city is trying to prepare for “the big one” — a massive earthquake that is now overdue. It is identifying older buildings susceptible to collapse with public signs. However, it is facing a challenge from the NAACP of Portland which has declared the signs to be the embodiment of “white supremacy” and racism. There is also a challenge for building owners.

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