Yesterday morning a dawn, I walked one of my favorite trails — Billygoat trail in Maryland. There was a thick fog along the Potomac and it created the feeling of hiking through a Monet.
A Texas woman, Susan Cammack, has been fined $500 and sentenced to two years of probation for her role in serving bogus court orders on a judge and lawyer involved in a foreclosure case against her. Comic claims to be a representative of the sovereign nation of Texas was convicted of issuing fraudulent court papers ordering a judge and lawyer to appear before an “international common law court.” What is interesting about this case is that Cammack received a two year sentence of probation for serving what were clearly meaningless and ineffectual papers. She was little more menacing than someone speaking to herself on a subway platform. Yet, her punishment is roughly the same as former Ohio prosecutor Jason Phillabaum of Cincinnati who was given no jail time and had his law license suspended for just a year for filing a false indictment in an actual criminal case. As I said earlier, the treatment of Phillabaum was shockingly light in comparison to what non-lawyers face in less serious cases. It is not that Cammack’s sentence was excessive. The question is how we deal with the most serious forms of prosecutorial misconduct.
We have followed the continuing failure of the public school systems in cities like Detroit and Washington D.C. where students are graduating without basic skills or ability to compete in the new economy for valuable jobs. Instead, they are left without any meaningful chance to break the cycle of poverty that often holds them in a stagnant social strata. The most recent review of Detroit demonstrates just how badly we have failed these children. The 2015 National Assessment of Educational Progress tests published by the Department of Education’s National Center for Educational Statistics shows that 96 percent of eighth graders are not proficient in mathematics and 93 percent are not proficient in reading. This is the result despite spending approximately $14,743 per student in the school system.
I have previously written about the waste of billions of dollars by the government without any significant discipline for government officials. We have become accustomed to reports of unimaginable corruption and waste in Afghanistan from bags of money delivered to officials to constructing huge buildings to be immediately torn down to buying aircraft that cannot be used. Yet even with the disclosure of our useless campaign against poppy production where we continued to spend billions because no one had the courage to end or change the program, no action was taken against a single individual. Billions simply evaporate and nothing happens, even with public outcry. Now, the John Sopko, special inspector general for Afghanistan reconstruction (SIGAR), has revealed that the government spent $43 million to build a gas station in Afghanistan that should have cost roughly $500,000. As before, it is not clear why there has not been a long list of federal officials suspended pending both potential criminal and civil charges.
I have been writing for years about the alarming decline of free speech in France where citizens are routinely investigated and prosecuted for criticism groups or religions. We discussed this trend most recently with the prosecution of far right politician Marine Le Pen for her exercise of free speech against immigration. Now, France’s Supreme Court (the Court of Cassation) has upheld the shocking prosecution of twelve anti-Israel activists for protesting Israel and supporting the global boycott movement of Israeli goods. It is an appalling moment for a nation that once embodied the very essence of Western Civilization and freedoms.
Continue reading “French High Court Upholds Convictions Of 12 Protesters Who Called For Boycott Of Israel”
The Islamic extremist attacks appear to be continuing unabated in Bangladesh where Muslim extremists are targeting the free speech community. The latest victim is publisher Faisal Arefin Deepan of the Jagriti Prokashoni publishing house, a truly courageous voice for free speech and human rights. Deepen was murdered in his office, the latest in a campaign of terror launched against writers and publishers. Earlier publisher Ahmed Rahim Tutul and two writers were shot and stabbed by three men in the office of the Shudhdhoswar publishing house.
It looks like we already have an entry for the 2016 Spooky torts listing. Assistant Prosecutor Chris White clearly does not like spiders, even fake ones. That much was clear given his response to finding fake spiders scattered around the West Virginia office for Halloween. White pulled a gun and threatened to shoot the fake spiders, explaining that he is “deathly afraid of spiders.” It appears that his arachnophobia (fear of spiders) was not matched by a hoplophobia (fear of firearms).
By Darren Smith, Weekend Contributor
Most DUI arrests are rather uninteresting, others have some rather bizarre circumstances, as is the case where the Washington State Patrol arrested Everett, WA Police Lieutenant Jimmy Phillips for suspected DUI. This in itself was not extremely inordinate but what truly struck me as odd were a number of particulars alleged during the incident that made me wonder, “What were you thinking!”
There are certain commonalities manifest in the run of the mill drunk. Every law enforcement officer has heard these excuses and they oddly seem to be taught by a common teacher in Drunk Driving 101, but we would hope that the very ones who see such graduations would not enroll in the course themselves.
Continue reading “Career Limiting Moves: WSP Arrests Everett Officer For DUI”
By Darren Smith, Weekend Contributor
I thought I would share something a little different this weekend, a suggestion that might help each of us in deciding how to go about living healthy lives and returning to what we were given, and respecting who gives it to us. I refer today with one of the most basic elements of the gifts of the Earth–our food.
In my middle age, I have seen how we as Westerners have slowly but resolutely removed ourselves from nature into a humanity centric focus and perspective. We need to begin to devote ourselves to starting a little retrospective about how we used to live, and that somehow we still managed to get by.
Continue reading “Returning To Basics: Thinking Of Food As Life”
A Happy Halloween to all of the ghouls, ghosts, witches, or mere enablers on our blog! Tonight promises to be frenzy of trick or treaters in Virginia with great weather.
Here is our annual list of Halloween torts and crimes. This holiday remains a favorite for personal injury lawyers around the world and this year’s additions show why. Halloween has everything for a torts-filled holiday: battery, trespass, defamation, nuisance, product liability and more.
So, with no further ado, here is this year’s updated list of actual cases related to Halloween.
Continue reading “Spooky Torts: The 2015 List Of Halloween Litigation Horrors”
An older man at the Consol Energy Center may not be the ideal neighbor for your kids to visit on Halloween. The man stole a puck being tossed to the boy named Trey during the Pittsburgh Penguins’ Thursday night game against the Buffalo Sabres. It started as an act of kindness when the Sabres’ new head coach (and former Penguins head coach) Dan Bylsma noticed a small boy standing in the aisle just beyond the glass and tried to toss a hockey puck to him as a souvenir. That is when this man swooped in and snatched the puck.
Continue reading “Worst Person of the Week: Man Steals Puck Being Thrown To Boy At Penguins Game”
There is an interesting en banc ruling out of the United States Court of Appeals for the Sixth Circuit where the court held that Christian evangelists who were “preaching hate and denigration to a crowd of Muslims” are entitled to damages for being ejected from participation as protesters in the 2012 Arab International Festival. The case raises the long-standing concern over the “heckler’s veto” where a speaker is silenced to appease an angry mob or crowd. The case is Bible Believers v. Wayne County, 2015 FED App. 0258P (6th Cir. 2015)
A former prosecutor in Ohio, Jason Phillabaum of Cincinnati, has had his law license suspended for a year after pleading guilty to adding a charge to a criminal indictment and then signing the document. Frankly, I am astonished that the Ohio bar considers this misconduct as warranting only a year suspensions as opposed to disbarment. This constituted not only the creation of a false indictment and false filing but the denial of basic constitutional rights and protections in our system. It is hard to image a more serious form of prosecutorial misconduct and yet he will be practicing again in Ohio in a matter of 12 months?
Those crazy guys from the Commission for the Promotion of Virtue and the Prevention of Vice in Saudi Arabia are at it again. The Saudi religious police have long been viewed internationally as menacing clowns who beat and arrest people deemed immoral under the country’s medieval Sharia law. Indeed, it is often difficult to distinguish the enforcement of Islamic values by the Saudis from stories in The Onion. This is another such case. Saudi Arabian actor Abdul Aziz Al Kassar has been arrested in a shopping mall for “taking selfies with female fans.” That’s right, satanic selfies.