International, Justice, Military

Kirby Cowan, the Airmen of Buchenwald, and the KLB Club; A Cautionary Tale

Submitted by Charlton Stanley (Otteray Scribe), Guest Blogger

ImageThis is not going to be easy to read. It was not easy to write. This story is about Frank Kirby Cowan, and 167 other allied airmen from World War II.  Their story is unique in a way that the stories of all the other thousands of fliers from both sides of the conflict are not.  Our paths first crossed on August 23, 1946, but that is a story for another day.

Kirby was a young man from Harrison, Arkansas. His father was an engineer for the railroad, and Kirby planned to follow in Joe Cowan’s footsteps. Then a war happened. Like so many thousands of other Americans, Kirby joined the service following the attack at Pearl Harbor. Kirby joined the Army Air Corps, and was assigned to B-17 bombers as a radio operator.  He said he had never flown in an airplane until he joined the Air Corps. He remembered his first experience flying in an airplane very well. The Air Corps did not waste time with orientation flights or sightseeing. Kirby’s first experience in an airplane had him standing up in the back seat of an AT-6 Texan, shooting a machine gun at a practice target being towed by another AT-6.

After finishing his training, he was assigned to the 339th Bomb Squadron, 96th Bomb Group, 8th Air Force.  Their B-17 was called Horn’s Hornets, because the pilot was named Horn. In those days, losses were high, and Horn’s Hornets ran out of luck in 1944. Their B-17 was cut in half by an anti-aircraft shell. There are no known photos of what happened to their airplane, but this image of similar damage to a B-24 illustrates it. Image

Kirby said, “When the engines unloaded they made a sound I had never heard an airplane engine make before. With no load on them, they started screaming. We started tumbling end over end. I was pinned to the inside of the plane by the G forces. I got a glimpse of the tail section falling away. The tail gunner didn’t have a chance.  For a second, we stopped tumbling, so I took a Brody out the back where we were cut half in two. There were three of us that got out.”  The remaining six crew members either were killed by the flak shell, or could not get out. The pilot, co-pilot, bombardier, and flight engineer were trapped in the nose of the plane.

Kirby went on, “Of the three of us that got out, one guy was shot in his parachute. He didn’t make it to the ground alive.”

Continue reading “Kirby Cowan, the Airmen of Buchenwald, and the KLB Club; A Cautionary Tale” →

Congress, Constitutional Law, Courts, Criminal law, Politics, Society

Who is the Real Enemy of the State?
225px-Lindsey_Graham,_official_Senate_photo_portrait,_2006
Sen. Lindsey Graham, R – S.C.
The man who apparently thinks the Constitution
and our laws are optional.

or “You Might Be An Enemy Combatant If . . .”

by Gene Howington, Guest Blogger

UPDATED: You might be an enemy combatant if . . . Sen. Lindsey Graham (R – S.C.) says so.

This sounds like a bad joke, but it isn’t. The potential political misuse of the arbitrary “enemy combatant” status has been discussed here on many threads albeit usually in the form of using Executive abuse to illustrate that danger while Graham’s cavalier “suggestion” is clearly from the Legislative branch. In comments made by phone to the Washington Post’s Jennifer Rubin on Friday, April 19, Senator Graham said of the Boston bombers:

‘They were radicalized somewhere, somehow.’ Regardless of whether they are international or ‘homegrown,’ he said, ‘This is Exhibit A of why the homeland is the battlefield.’ Recalling Sen. Rand Paul’s filibuster, Graham noted that he took to the Senate floor specifically to object to Rand’s notion that ‘America is not the battlefield.’ Graham said to me, ‘It’s a battlefield because the terrorists think it is.’ Referring to Boston, he observed, ‘Here is what we’re up against,’ and added, ‘It sure would be nice to have a drone up there [to track the suspect.]’ He also slammed the president’s policy of ‘leading from behind and criminalizing war.’”

That was not the end of Graham’s disturbing posturing.

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Uncategorized

America’s Broken Legislative System

Submitted by: Mike Spindell, guest blogger

495px-Constitution_of_the_United_States,_page_1Sometimes I feel that among our distinguished crew of guest bloggers and the prodigious output of Professor Turley, that I seem to be “The Doom and Gloom” guest blogger. It seems I’m always looking at the worst side of things, without the counterbalance of positive articles that most everyone else here produces.  This is actually a dichotomy when compared to my personal life. I happen to be one of the luckiest people you can meet and although I’ve suffered my share of life’s tragedies, my outlook is almost always optimistic. Yet when I turn my attention to the condition of this country and the way it is governed, my pessimism overwhelms me intellectually, even as I am predominantly a fairly happy person in my life and thankful for the blessings chance has bestowed upon me.

This past Wednesday I found myself filled with this pessimism, nay total skepticism, that our Country can redirect its downward spiral towards Corporate Feudalism. The catalyst of course was the vote in the Senate killing the proposed gun legislation, 54 to 46 in favor of the legislation. It is no mystery to the reader that the legislation failed, even with a majority voting in favor of it because we have all become familiar with the Senate rules which now inexplicably require 60 votes to move on any legislation. That this particular piece of legislation was defeated wasn’t that important to me. The compromise bill was so watered down as to be neutral, except as an empty gesture towards gun control, upon which in fact it wouldn’t have had any effect upon. I wasn’t bothered by the fact that those 46 who voted against the bill were predominantly Republican, with 4 Democrats. Since the bill represented nothing more than an empty gesture, their votes indicated merely that they were voting in their political interests, which most legislators today tend to do. What bothered me were both Harry Reid and President Obama for their inability to even try to attempt to break up the logjam in Congress via filibuster reform. Perhaps it is the “gloomy” side of me pondering this, but I think that the refusal to move on filibuster reform by the Democrats indicates a reality far more sinister than mere adherence to what is seen to be tradition. Continue reading “America’s Broken Legislative System” →

Congress, Constitutional Law, Courts, Criminal law, International, Justice, Lawyering, Media, Military, Politics, Society, Supreme Court

SWAT: Is America Coming Under Martial Law, Redux

Submitted by: Mike Spindell, guest blogger

Dragnet_title_screenLike most of us I have been watching the developments in the aftermath of the Boston Marathon tragedy throughout the week. Because I’m retired I probably logged more hours of viewing it on TV than most people who are younger. The initial bombings on Monday and their aftermath made me terribly sad at the loss of innocent lives and the maiming of so many, which will have future pain and consequences for the entire lives of the victims. As a father and grandfather how could I not feel painful tears for the death of an 8 year old and the lifelong pain of his parents? Yet beyond that sadness, I also felt a sense of anxiety in my chest as I listened to the hour upon hour of cable news coverage and the analysis of “terrorism experts” aligned with prognosticators telling us what it all means.

My anxiety did not stem from fear of terrorism, because that fear is irrational. This is so not because terrorism is a chimera, but because this type of terrorism is an all too real fact of the lives of humanity and indeed while we in America have suffered it, so has the rest of the world to an even greater degree. Great Britain, Spain, Iraq, Israel, India, Afghanistan, Pakistan, Somalia etc. and so on and so forth. Life itself is always uncertain and unseen death lurks as a constant possibility for even the most protected of us. This has always been the human condition and the truth is that as the eons of human history have passed we are far safer now than our ancestors ever were. Yet it is also a human necessity to maintain the illusion of our own safety and indeed immortality. When horrors like the Boston Marathon bombings occur it tends to shake up our human illusions and engender fear. In the aftermath of these horrors though come the “explainers” whose attempts to soothe us only increase the fears. Following the “explainers” come those who would exploit the aroused fears for their personal gain or predilection. This happened in America from 9/11 and in its wake the false meme “This Changes Everything” was transformed into a reality of war, torture and the shredding of our Constitution. My anxiety was raised because as I watch this all unfold on TV I became fearful of how this new attention arousing horror would be used by those intent upon transforming this country into a Police State under the guise of saving it from terror. Continue reading “SWAT: Is America Coming Under Martial Law, Redux” →

Society

Grace Under Pressure: Those Exceptional Americans

By Mark Esposito, Guest Blogger

Author’s Note: Grace Under Pressure is an on-going series of posts honoring everyday people who courageously  make positive differences in their own lives and consequently in the lives of others. It is my own personal affirmation that unexpected heroes reside among us and that they serve as  quiet but unshakable proof that virtue really is its own reward  – and ours, too.

130417214841-boston-campbell-nurse-story-top“I’m a nurse, and I’m going to take good care of you.” These are likely the last words spoken to Boston Marathon bombing victim,  Krystle Campbell.  Nurse Stephen Segatore was on Boylston Street near the finish line volunteering his time to tend to the needs of runners who ran in the international race. First responders brought the near lifeless body of Campbell, age  29 , to Segatore. The MassBay Community College student, who also managed a restaurant, wasn’t breathing and her face was streaked with black powder marks indicating she was very near the blast site. Realizing she was in dire straits, Segatore, a physician, and another healthcare professional commenced a grueling ten minute attempt at CPR. Because the wounds were so severe even that heroic effort would not be successful.  A cardiac monitor showed her heart wasn’t pumping blood. Campbell was the only one of scores of  unexpected patients that Segatore worked on that day who expired.

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Constitutional Law, Religion

Unconstitutional Christian Assembly At Northwest Rankin High School

-Submitted by David Drumm (Nal), Guest Blogger

CHURCH STATENorthwest Rankin High School is a public high school located in Flowood, Mississippi. On Tuesday April 9th, a  student, representing Pinelake Baptist Church, addressed an assembly at the school and showed a video of two young men who had been “saved” from drugs and sex. Several students reported the mandatory assembly, during school hours, to the Appignani Humanist Legal Center (AHLC). AHLC coordinator William Burgess sent a letter of condemnation to principal Charles Frazier.

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Columns, Congress, Constitutional Law, Criminal law, Justice, Politics, Society

Pavlovian Politics: Leaders Line Up To Call For Increased Surveillance In Aftermath of Boston Bombing

220px-2013_Boston_Marathon_aftermath_peopleBelow is my column today in USA Today on the Boston bombing and the call for new security laws and expanded surveillance. I have been doing interviews trying to caution against these calls for immediate action — a mantra that we hear after every attack no matter the cause. I am in Chicago today and was struck by how quickly Chicago Mayor Rahm Emmanuel called for more surveillance cameras in a city with one of the largest surveillance systems in the United States.

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Constitutional Law, Criminal law, Religion

Police Face Irate Mob In Arresting Teen Accused Of Anti-Semitic Attack

video18n-3-webThe video below gives an insight into the challenges that police face on a daily basis after a mob formed quickly after the police arrested a man accused of threatening a Jewish man and hurling anti-Semitic slurs. Almost immediately, a group formed accusing the police of abuse and obstructing their lawful arrest. There is no sign of abusive police conduct in the video.

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Bizarre, Politics, Society

Oklahoma Republican Majority Leader Discusses How Customers May “Jew Down The Price” of Products

DennisJohnson001Oklahoma State and Republican Majority Leader Dennis Johnson took to the floor this week to share his experience as a small business man and discussed how some people will try to “Jew down the price” of goods. In the background, legislators are seen laughing but there are clearly some who object because Johnson then adds “I apologize to the Jews. They are good small businessmen as well.”

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Society, Torts

Rachel Ray Sued By Show Guest Over Weight Loss Treatment

article-2310466-1958B1F6000005DC-341_634x467250px-Rachael_RayChristina Pagliarolo is the latest former guest to sue a talk show. Pagliarolo joined the Rachel Ray (right) show at age 18 in 2011 to lose weight and says that she was treated negligently and abusively by the show and its trainer to lose weight. At the time, Pagliarolo weighed 260 lbs. The case is a variation of the type of bullying actions that we have seen in high school but here it is the show producers and trainers who are being accused of tolerating or participating in bullying.

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Courts, Lawyering, Torts

Moore Money: Lawyer Secures $130 Million Malpractice Award After Being Mocked By Opposing Counsel For Turning Down $8 Million Settlement

18.1n011.Lawyer2--300x300Lawyer Thomas Moore has instantly become something of a legend in legal circles after he secured a $130 million verdict after being publicly ridiculed for turning down an $8 million settlement and losing the first trial and then facing a hung jury in the second trial of his medical malpractice case.

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Constitutional Law, Criminal law

Supreme Court Rules Against Per Se Blood Testing Rule For DUI Suspects
The U.S. Supreme Court
The U.S. Supreme Court

Official Portrait of Justice Sonia SotomayorThe Supreme Court has handed down its decision in Missouri v. McNeely, which is linked below. Missouri sought to establish a per se rule that blood tests were always covered by the “exigent circumstances” exception under the fourth amendment because the alcohol blood level continues to fall with time. It was another example of how some police departments seek thoughtlessly to expand exceptions when current rules allow ample room for legitimate police needs. Only Justice Thomas voted to support such a sweeping new rule. My Supreme Court class reviewed this case and voted the same with the actual court in  rejecting the claim (9-1). The class also voted 9-1 in predicting this result in affirming the lower court. The majority opinion below was written by Justice Sonia Sotomayor.

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Religion, Society, Torts

McDonald’s Settle Halal Lawsuit for $700,000

mcdonalds_logoA judge has approved a $700,000 settlement in the lawsuit by Muslims against McDonalds for serving chicken that was viewed as violating the dietary standards of Halal. The class action was based on a case of Ahmed Ahmed, the Dearborn Heights man, who said that he bought a chicken sandwich that was not prepared according to Muslim standards.

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Academia, Constitutional Law, Free Speech, Media, Politics, Society

Buffalo Professor Arrested for Verbally Attacking Students Over Pro-Life Display

CurryLaura Curry, a professor of film at the University of Buffalo, has been arrested after she confronted a pro-life demonstration using profane language. In the video below, Curry objects to being asked to stop because of her language. She insists that she has a first amendment right to swear. In my view, she is correct. I do not see how this is any cognizable crime. One can certainly disagree with the tenor or public conduct of the professor, but this would seem protected speech. This is the second such arrest of a professor in a month for denouncing a campus demonstration. There are really two legal issues presented in such cases: a criminal case (which is quite weak) and an academic case (which is likely to be more substantial) against the professor.

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