Constitutional Law, Criminal law, Free Speech, Media, Society

Report: Holder Personally Approved Search Warrant On Fox Reporter

holderericAttorney General Eric Holder recently appeared before the House Judiciary Committee and denied any involvement in the abuse searches targeting the Associated Press by the Obama Administration. Holder seemed to morph with his predecessor Alberto Gonzales with a mantra of “I have no knowledge” and “I had no involvement” in the scandal. It was a disturbing defense in one of the greatest attacks on the free press in modern times. Now, however, Holder’s fingerprints have been found on an equally disturbing targeting of a Fox reporter, James Rosen. As with the Associated Press, Rosen was targeted for simply speaking with a source in a story involving classified information. Even his parents telephone information was seized in the abusive operation where Rosen was declared a “possible co-conspirator” in violations of the Espionage Act.

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Bizarre, Criminal law

Zimmerman Moves To Introduce Pictures and Text Messages On Martin’s Character

trayon-martin-picture1tmgunhandsmWe have a new filing in the trial of George Zimmerman with his counsel demanding to use pictures and text messages from Trayvon Martin’s cell phone. The question will become one of relevance as well as prejudice as Zimmerman’s legal team tries to show that Martin had a violent or criminal disposition.

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International, Military, Uncategorized

The Victim: Drummer Lee Rigby

DrummerLeeRigby.jpg.CROP.rectangle3-largeThe savage murder and mutilation in London by two Muslim men yelling “Allah Akbar” was meant to send a blood-soaked message to England and the world about the treatment of Muslims. The victim was not important to Michael Adebolajo as he paraded before cameras. Yet we owe it to the victim and ourselves not to allow the victim to be an abstraction laying the street. He was a person and his name was Drummer Lee Ridgy, or ‘Riggers” to friends. He was not just a brave soldier but the father of Jack, his two year old son.

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Bizarre, Society

Spirit Airlines CEO: We Are The Best In Striving For The Worst Service

baldanzaWe have been discussing the use of fees for every possible thing on airlines to generate billions for airlines while eliminating every possible comfort for passengers. Now the ranking of most popular and least popular airlines has been released. I was most struck by the reaction of Spirit CEO Ben Baldanza in learning that his company is widely viewed as a disgrace.

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Criminal law, International, Religion, Society

London Rocked By Butchering Of English Soldier By Muslim Extremists

article-2329089-19F1FAAA000005DC-790_634x476London and the world is reeling from the video from yesterday of two Muslim men who killed and mutilated the body of an English soldier and then asked people to film them as they raved about their atrocity. The men reportedly screamed “Allah Akbar” as they butchered the soldier. A man now identified as Michael Adebolajo is shown promising onlookers that “you and your kids will be next.” In the midst of this horror scene however there was inspirational moments including a woman who gets off her bus to confront Abebolajo covered in blood and holding a meat cleaver.

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Society, Torts

Study: Hospitals Making A Killing On Hospital Infections

220px-ICU_IV_1I have long been amazed by the rate of hospital injuries from preventable bloodstream infections. While there have been a few lawsuits, hospitals appear to have avoided liability for these preventable illnesses. Now, a study in the American Journal of Medical Quality suggests that the situation may be worse than anticipated. Not only is that not a strong litigation deterrent (my view), but this study says that hospitals are actually making a killing by making patients sick. Researchers found that an ICU patient who develops an avoidable central line-associated bloodstream infection (CLABSI) costs nearly three times more to care for than a similar infection-free patient. Here is the most amazing fact: hospitals earn nearly nine times more for treating infected patients.

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Criminal law, Society

The Perils Of Butt Calling: Florida Man Mistakingly Calls Police While Discussing Murder

fl-murder-suspect-pocket-dial-20130522-001We have all had it happen. You are sitting in a restaurant or walking on the street when you accidentally hit your phone and dial an unintended call. A friend or relative then has to sit and listen to you discussing an order or chatting with a taxi driver. Scott Simon, 24, however, may have the worst butt call story of all. Pompano Beach police say that his phone dialed 911 as he was discussing his plan to kill a man. The police tracked him down just minutes after the man was killed. Presumably, this was a Nokia just fulfilling its promise of “connecting people.”

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Constitutional Law, Media, Politics

New York Times Editors Blast Obama For Attack On Free Press

220px-Nytimes_hqPresident_Barack_ObamaI previously discussed the slew of recent conservatives who has “had a change of heart” on equal rights of gays and lesbians after a family member who out as homosexual.  Like some conservative women who reject most privacy principles except abortion rights, it is hard to celebrate belated endorsements of civil liberties which happen to benefit these politicians or their families.  I had the same reaction to some journalists who gave only passing attention to President Obama’s various attacks on civil liberties over the last four years. However, now that his Administration has turned on journalists, we are seeing editorials like today’s New York Times column stating “the Obama administration has moved beyond protecting government secrets to threatening fundamental freedoms of the press to gather news.”

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Constitutional Law, Free Speech, Politics

Arizona Atheist Gives Opening Legislative Prayer

MENDEZArizona had an extraordinary moment this week during the opening prayer. No it is not what you think of some sectarian screed or other controversy. To the contrary, it was an unprecedented act of inclusion when the legislature allowed an atheist to open the session. An atheist state lawmaker tasked with delivering the opening prayer for this afternoon’s session of the House of Representatives asked that people not bow their heads. Democratic Representative Juan Mendez, of Tempe, is an atheist and opened the session by asking his colleagues not to bow their heads but look at each other.

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Congress, Constitutional Law, Criminal law, Lawyering, Politics

Top IRS Official To Invoke Fifth Amendment Before Congress

160px-IRS.svgI have previously stated that I fail to see the basis for criminal charges in the IRS scandal. Prior administrations have faced allegations of targeting opposing groups and such matters have been treated as abuses but not crimes. Yet, various news sites are reporting this morning that Lois Lerner, the director of the IRS division, will invoke the Fifth Amendment before the House Oversight and Government Reform Committee. Her counsel asked the Committee to withdraw the demand for her testimony in light of her intention to refuse to testify on the grounds that it may incriminate her.

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Criminal law, Politics, Society

Florida High School Student Expelled and Charged with Two Felonies For Consensual Relationship With Fellow Student

SELF-_540x405_244x183We have previously discussed the continued prosecution of minors for engaging in sexual conduct under state laws. These laws have a sexist record of boys prosecuted for having sex with a minor where girls were treated as the victim, even when the sex was consensual and both were minors or close in age. There is a new case out of Indian River, Florida that is equally troubling. Kaitlyn Hunt, 18, is a senior in high school and is facing felony charges for engaging in a sexual relationship with another girl at her school. Despite an outcry against prosecuting Hunt for consensual sex, the prosecutor has refused to drop the charges of two counts of lewd and lascivious battery of a child 12 to 16 years of age. Assistant State Attorney Brian Workman has insisted that he will only agree to a plea deal where she would accept one felony conviction and a two-year sentence of home confinement. Such a plea would likely put Hunt on the sex offender registry for life.

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Society

Farewell, Zach Sobiech: See You Again

This week we lost Zach Sobiech, who left the world much poorer with his passing. However, he left us a wonderful gift. The Minnesota teen wrote a wonderful song called “Clouds” after learning he had terminal bone cancer. He sang of his hope that “maybe someday I’ll see you again . . . We’ll fly up in the clouds and we’ll never see the end.” The physical end came for Zach this week but his grace and his gift has lifted the hearts of millions.

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Bizarre, Constitutional Law, Criminal law, Society

Baltimore Police Sued For Allegedly Beating and Arresting Woman Who Filmed Them In Public

114px-Baltimore_Police_Department_logo_patchWe have yet another case of police being accused of beating a citizen for filming them in public. Makia Smith says that Baltimore police beat her up and smashed her camera when they filmed them beating a man in the street. She is now suing the Baltimore Police Department, Police Commissioner Anthony Batts and police Officers Nathan Church, William Pilkerton, Jr., Nathan Ulmer and Kenneth Campbell in Federal Court.

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International, Military, Politics

Japanese Mayor Calls World War II “Comfort Women” A Wartime Necessity

osaka_hashimotocomfort-womenJapan has long been criticized for school books that fail to acknowledge atrocities committed by Japanese troops in World War II as well as continued ceremonies that honor war criminals. For that reason, many felt that the recent acknowledgment of forced prostitution of thousands of Asian women — called Comfort Women — was a step forward. Then Toru Hashimoto, the mayor of Osaka, stepped forward. Hashimoto has gone public to defend the forced prostitution as necessary to “maintain discipline” in the ranks and provide rest for soldiers who risked their lives in battle. So much for progress.

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