Congress, Constitutional Law, Criminal law, International, Media, Military, Politics, Uncategorized

Cheney Offers Tortured View of History In Defending Waterboarding

250px-46_Dick_Cheney_3x4I have long argued in my column as well as numerous blog postings that our country is legally bound to prosecute people responsible for ordering torture during the Bush Administration. There is no question that water boarding is torture as recognized by President Obama, Attorney General Holder, the United Nations and virtually every expert in this field. However, while you may want to try to rewrite legal precedent (as did John Yoo and Jay Bybee in their infamous Torture Memos), you should not try to rewrite history. That is what former Vice President Dick Cheney appears to be doing this month. He told Chuck Todd on Sunday that we never prosecuted anyone for water boarding — an assertion that I and others have repeatedly raised over the years. The statement is simply false and adds historical revisionism to legal revisionism in our sordid foray into torture.

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Constitutional Law, Courts, Criminal law, Free Speech, International, Media, Society, Torts

Is The Threat of David Boies To Media Over Use Of Hacked Documents Real?

Sony_Entertainment_Network220px-David_Boies_2011_ShankboneThere are continuing rumblings in the media about the threat of Sony Pictures Entertainment (SPE) lawyer David Boies over media sites using material hacked from the studio, including embarrassing emails where executives dish on leading stars like Angelina Jolie and the disclosure of contract information. Boies has warned that such material must be ignored or destroyed and suggested legal repercussions in the use of “stolen information.” But how serious is this threat? In my view, not very.

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Bizarre, International, Society

London Banker Loses Job And Is Banned From Working In Industry Because . . .

South_eastern_railway_crestThere is an interesting story out of London where banker Jonathan Burrows has been banned from working in the financial services industry. Another cases of fudged books or fraudulent earnings reports? No, Burrows was nabbed skipping the full fare on his commutes to work from Stonegate to London — paying roughly 7 pounds instead of 21 pounds for the daily trips.

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Bizarre, Media, Society

The Brady Bunch: Tom Brady Accused Of FCC Violation For Silent F-Bombs

240px-Tom_Brady_2011fcc-seal_rgb-largeMany of us watching the Patriots-Packers game so Tom Brady throwing a fit on the sideline after a bad play. He clearly was saying “f–k” over and over again but there was no audio. Those silent F-bombs however are now the basis for a series of complaints to the Federal Communications Commission from people who said that they, even if they could not hear what he said, they knew what he said and were left shocked and angry. It creates an interesting basis for a FCC: the silent F-Bomb. It is almost a Zen-like Administrative Law question: Little Grasshopper, if a silent F-bomb explodes on a sidelines and no one is around to hear it, did it make a legal sound?

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Bizarre, Lawyering, Society

The Super Bowl Of Sales: Bears Loss To Saints Proves The Unquestioned Supremacy . . . Of Jay Cutler’s Agent

Jay_Cutler_-_11-01-2009_(cropped)As I watched the Bears ground into a fine dust by the New Orleans Saints last night, I felt that long-standing sick sensation that has been around all season in watching Jay Cutler — our $127 million franchise quarterback — continue to blow little things like foot work, telegraphing throws, and waiting too long in the pocket. It then occurred to me. I was not watching another crushing defeat but a towering victory. As an attorney, I was watching the ultimate triumph of a fellow lawyer: Cutler’s agent Bus Cook who sold the Bears on $54 million guaranteed contract for a quarterback who has literally never had a true winning season from Vanderbilt to Denver to Chicago (he was as some have noted good for a 10-5 season that fell short of the playoffs). I was watching the work of a genius and I felt a tad better. For the rest of the season, I intend to cheer for Bus — the Monster of the Midwest.

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Congress, Constitutional Law, Politics, Society, Torts

Long Shot Litigation: Sandy Hook Families Sue Manufacturer and Distributor of Lanza’s Bushmaster AR-15

Adam_lanza_sandy_hook_shooter220px-Police_at_Sandy_HookThe families of nine of the 26 people killed two years ago at the Sandy Hook Elementary School in Connecticut have filed a lawsuit against the manufacturer, distributor and seller of the Bushmaster AR-15 rifle used in the shooting. The lawsuit names Bushmaster, Camfour, a firearm distributor, and Riverview Gun Sales, the East Windsor store where Adam Lanza’s mother purchased the Bushmaster rifle in 2010. The plaintiffs include Sherlach and the families of Vicki Soto, Dylan Hockley, Noah Pozner, Lauren Rousseau, Benjamin Wheeler, Jesse Lewis, Daniel Barden, Rachel D’Avino and teacher Natalie Hammond (who was injured in the shooting). Despite great sympathy for these families and this teacher, the lawsuit has little merit in my view in seeking liability against the sale of a lawful weapon.

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Academia, Environment, International, Politics, Society

New Studies: Global Warming To Cause Much Faster Melting In Antarctica With Possible Rise of 23 Feet In Sea Levels

earth-screensaver_largeThe news continues to grow worse over global warming. The Peru meeting revealed new research showing that time is running out for humanity to act on climate change. Now to new reports indicate that we may have underestimate the rate of loss on the huge ice sheet of West Antarctica — new calculations under global warming could mean a rise in global sea levels of as much as 23 feet. That would create massive changes in the coasts of the world.

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Animals, Constitutional Law, Criminal law, Society

Iowa Food Supplier Indicted For Allegedly Falsely Labeling Halal Meat Sold To Millions of Muslims

black-and-white-cow-3Midamar Corp. and directors Jalel and Bill Aossey have been criminally charged in Cedar Rapids for allegedly falsely marking $4.9 million worth of meat as meeting strict halal standards and selling the noncompliant meat to millions of Muslims worldwide in Malaysia, Kuwait, United Arab Emirates and other countries. Also indicated is Islamic Services of America, an organization approved by Malaysia, Indonesia, Kuwait, Saudi Arabia and UAE to certify beef for import under Islamic standards. They are facing 91 other counts for allegedly making false statements on export certificates, wire fraud and money laundering. The case could raise an interesting free exercise question.

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Bizarre, Politics, Society

Grand Rapids Hires “Personal Coach” to Help Clerk Get Better At Job Then Offers Her An Alternative $80,000 Position After She Reportedly Fails To Improve . . . Clerk Sues City For $1 Billion

11002_lauriLauri Parks appears to have more zeros in her complaint against the city of Grand Rapids than arguments. Lauri is suing the Michigan city for $1 billion after she was fired as city clerk. She alleges racial discrimination despite that fact that the city went to the unprecedented step of hiring a “personal coach” to help her improve her performance and then offered to move her to an $80,000 position. When she refused, she was fired and sued the city for racial discrimination. It is a more difficult claim to make given the fact that her replacement, Darlene O’Neal, is African American.

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

Iowa Professor Creates KKK Statue To Protest Racism After Ferguson . . . The University Removes Art As Students Demand The Firing Of The Professor

Facebook We recently saw rather bizarre case of a college president having to publicly apologize for saying the “all lives matter” rather than “all Black lives matter” in supporting protests over the Ferguson and New York grand jury decisions. (Ironically, I listened this weekend to protests where leaders chanted “all lives matter” in Washington). Now, Serhat Tanyolacar, a University of Iowa visiting professor and printmaking fellow, has been denounced for a piece of art designed to protest racism after the decision. Iowa officials have declared the art to be the equivalent to hate speech and ordered its removal within hours — with President Sally Mason denouncing the art and apologizing profusely. Now, however, students are calling for the artist to be fired and for a new speech-regulating committee to be established for such public forums.

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Congress, International, Military, Politics, Society

Report: Afghanistan War Reaches $1 Trillion And Will Require Hundreds of Billions More

158px-flag_of_afghanistansvgPresident_Barack_ObamaDespite the public pledge of President Obama to pull out of Afghanistan, we continue to spend huge amounts of money in the war and the Obama Administration has fought to keep U.S. troops in the country. Now an estimate from the Financial Times and independent researchers put the cost of the war at roughly $1 trillion with a commitment of hundreds of billions more in the coming years. There continues to be no serious debate over our ongoing losses both in personnel and money in this war.

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Congress, Criminal law, Society

Lobbyists: No Money , No Super Bowl

200px-Super_Bowl_logo.svgThe last ten years have been a windfall for insurance companies: first with the post-9-11 legislation and then Obamacare. Now however, lobbyists are threatening to cancel the Super Bowl unless Congress renews the TRIA—the Terrorism Risk Insurance Act to cover insurers so that they will not have to actually pay out for any costs associated with terrorism. There may be good reasons for the bill coverage but there are also some unanswered questions. Do not expect too many answers however.

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Criminal law, Lawyering, Society

Former Georgia Chief Magistrate Found Guilty Of Sexual Assault, Witness Tampering, and Conspiring To Plant Drug On Woman

bryant_cochranFormer Murray County Chief Magistrate Judge Bryant L. Cochran has been found convicted by a federal jury in a bizarre case where he engineered the false arrest of a woman who alleged that she had been sexually propositioned by Cochran. He was also convicted of tampering with a witness and for sexually assaulting a county employee. The conspiracy detailed in the indictment is a rather twisted tale of a sex-crazed judge, meth-using mother of four, treacherous friends, and corrupt cops. Hint: it turns out that like Agatha Christie, virtually all of them are guilty of something.

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Free Speech, International, Justice, Media, Society

Snowden, Greenwald, And Poitras Receive Prestigious Human Rights Award In Berlin

By Darren Smith, Weekend Contributor

220px-Edward_Snowden-2In another showing of international support for the activities in revealing to the public the abuses of the NSA, whistleblower Edward Snowden, journalist Glenn Greenwald and filmmaker Laura Poitras each received the Carl von Ossietzky award in Berlin today.

The award is bestowed to honor those who exhibit extraordinary civic courage or commitment to the spread or defense of human rights.

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Bizarre, Congress, Constitutional Law, Courts, Criminal law, Free Speech, International, Justice, Lawyering, Media, Military, Politics, Science, Society, Supreme Court, Uncategorized

The CIA Lost Its Soul and Took Ours With It

220px-John_Brennan_CIA_official_portrait

Respectfully submitted by Lawrence E. Rafferty (rafflaw)-Weekend Contributor

This past week’s news reports of the Senate report on the CIA Torture program were both distressing and enlightening.   I was dismayed to not only read what the full extent of the CIA’s Torture program was, but also when I read pundits and former CIA officials claim that rectal rehydration was merely a medical procedure! I was further discouraged when commenters on this blog made claims that waterboarding and other torture tactics were either necessary or what the devils deserved.

Very few pundits or commenters seem to care if the so-called Enhanced Interrogation techniques were legal or ethical when the CIA resorted to them shortly after 9/11.  This “debate” over the actions taken in our name by the CIA has gone from a report based on the CIA’s own words to denials that the techniques were torture, to claims that great intelligence value was gained using the torture and claims that it was a biased report written by Democrats. Continue reading “The CIA Lost Its Soul and Took Ours With It” →