The Hasan Trial: An “Ugly Thing” Takes Center Court

hasan022wayHasan_nidalBelow is my column this morning in USA Today on the trial of Maj. Nidal Hasan. The trial raises the problem of when you have a defendant who states that he is as guilty as sin under our criminal law but who wants to talk about the sin rather than the crime. It is not the first time we have dealt with unhinged self-represented defendants but Hasan is more unsettling than just another fool for a lawyer.

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Thou Shalt Not Praise His Name: Rep. Lewis Praises Snowden . . . Then Quickly Retracts Praise

220px-John_lewis_official_biopic228px-Picture_of_Edward_SnowdenThe degree of pressure on reporters and politicians from the White House and Democratic leadership in the Snowden controversy was in full and embarrassing view yesterday when Rep. John Lewis walked back from an interview that he gave to the Guardian praising Snowden. He appears not to have gotten the memo: Snowden is not to be praised in the media or by members of Congress. Various reporters and new organizations have held the line in mocking Snowden or refusing to call him a “whistleblower” rather than a “leaker.”  After all, the fear seems to be that Snowden has to be a traitor or Obama would look like a tyrant.

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New York Times: Government Conducting Broader Searches Of Emails and Text Messages Than Previously Reported

President_Barack_ObamaOn the heels of President Barack Obama again assuring that public that there is no domestic surveillance programs on their communications, the New York Times is reporting even broader surveillance by the Administration than previously reported.

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Ralph Nader To Open Country’s First Torts Museum

220px-Ralph_Nader,_September_15,_2007admission-ticketMy fellow torts professor Roger Schechter sent me the good news of a museum that will finally cater to the common law set. Ralph Nader is reportedly establishing the nation’s first Tort law museum in his home town of Winsted, Connecticut. The article below includes quotes from local businessman who say that they would prefer a children’s museum but who needs a slip-and-slide when you can have an entire building dedicated to slip and falls? I am already planning my family trips.

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Removing Oneself From The Gene Pool: Virginia Man Shoots Himself In Groin After Allegedly Jumping Out Of Car To Threaten People Asking Him To Slow Down

tape3_MEDIt is hard not to see this as a crime with a happy ending. Witnesses say that Rhonney Jacobs, 43, was speeding through a neighborhood in Norfolk when bystanders yelled for him to slow down out of concern for children on the street. Jacobs allegedly made a U-turn and jumped out with a gun to confronted those asking him to slow down. However, when he pulled out the gun, it apparently misfired — wounding him into his groin.

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Shipwreck Throws Man, Wife and Dog Into Sea . . . Man Rescues Dog And Then Wife

439432-man-saves-dog-from-shipwreckThe only thing more surprising that the survival of Graham and Sheryl Anley in their shipwreck this week in South Africa is the survival of their marriage. According to this report, with their ship sinking, Graham spotted his wife caught on wreckage of the sinking ship and their dog. He rescued his dog Rosie, brought her to the shore, and then came back for his wife. I guess a really good sea dog is hard to find.

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Kerryesque Diplomacy: State Department Announces It Has “Determined That We Do Not Need To Make A Determination” On Egypt

UnknownJohn Kerry seems to have put his unique mark on the State Department. Just last week, Secretary of State John Kerry seemed to say that he was for the coup in Egypt before he was not sure about it. Now, State Department spokeswoman Jen Psaki has declared that the U.S. had “determined that we do not need to make a determination” over whether the ousting of Mohamed Morsi in Egypt was a coup. The wonderful thing is that no one can oppose our foreign policy if no one understands it. Brilliant.

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Obama: “Unfortunately” Dying In Car Crash More Likely Than Dying In Terrorist Attack

President_Barack_ObamaWith four kids and a new puppy, I do not get to watch much television. This morning therefore I was probably one of the last to read this odd comment from President Barack Obama on Jay Leno last night:
“The odds of dying in a terrorist attack are a lot lower than they are of dying in a car accident, unfortunately.” It was clearly a slip of the tongue but for civil libertarians it was a signature moment since our burgeoning security state seems to be working desperately to keep fear alive. For many who have criticized the rise of the security state, it sounded like an authoritarian Freudian slip. The comment is particularly interesting in light of a recent poll showing Americans afraid more of their own government’s attack on privacy than terrorist attacks.

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Ohio Judge Allegedly Chastises Jury For Acquitting Defendant; Promises That She Is Not Done With Defendant

a_25391Jurors are routinely told by judges and lawyers that they alone decide guilt and the parties will abide by their decision. That did not stop however Judge Amy Salerno who allegedly chastised a jury for finding a defendant not guilty in a recent case in Columbus. Salerno has now correctly been referred to the court for disciplinary action after four jurors complained about the tongue lashing.

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American Snaps Finger Off 600 Year Old Masterpiece In Florence

statueYou may recall the global disgust over a Chinese tourist who wrote on an ancient Egyptian temple, now it will be Americans who hang their heads in shame. An unidentified 55-year-old man from Missouri snapped the finger off a 14th or 15th century marble masterpiece when he decided to measure it by grabbing the hand. It is something out of a Seinfeld episode but this represents a serious act of destruction of an ancient piece. Fortunately, it can be repaired.

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A Whale of a Decision: The Obama Administration Turns Down Georgia Aquarium’s Permit On Whale Importation

220px-Beluga_premier.gov.ru-3It is with great joy that I can report the decision of the Obama Administration to turn down the controversial permit application of the Georiga Aquarium to import 18 beluga whales captured and held in Russia. I have had the honor of serving as lead counsel with the J.B. and Maurice C. Shapiro Environmental Law Clinic of The George Washington University Law School in representing an international consortium of scientists, environmentalists, and organizations in challenging the permit application and preparing for litigation to block any permit issuance. My colleague GW Law Professor Joan Schaffner, Director of the GW Law Animal Welfare Project, has joined me in this representation with a team of GW law students, including Tyler Sniff, one of our Shapiro Fellows and a recent graduate. The Administration and specifically the National Marine Fisheries Service (“NMFS”) deserves to be commended for this decision to protect the whale population from continued depletion by these live capture operations. Here is the press release from the National Oceanic and Atmospheric Administration (NOAA).

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Tawana Brawley’s Wages Garnished For Defamation Damages From Infamous Hoax Case

250px-al_sharpton_by_david_shankboneTbrawleyWe previously discussed the infamous case of Tawana Brawley and Al Sharpton, now a MSNBC host. In 1987, Brawley, a black teenager, falsely accused a prosecutor, a New York police officer and a state trooper of a racist attack and rape. The racial animus was fueled actively by Al Sharpton who used the case to propelled himself into national fame or infamy. She later recanted and a court ordered damages to be paid by both Brawley and Sharpton — neither of whom paid. The falsely accused former Dutchess County prosecutor Steven Pagones tracked down Brawley living in Virginia and working as a nurse last year. He is owed $190,000 in damages against Brawley, now 40.

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