Category: Justice

Scott Walker’s Kill the Unions Bill Heads for His Desk

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The lower house of the legislature passed it today.

There are some real questions as to whether this is is legal, so the Wisconsin Supreme Court, currently 4-3 Republican, may very well have the final word.

The reason that this is important is that Wisconsin elects its supreme court justices in partisan elections, and there is an election on  is April 5 with Democrat JoAnne Kloppenburg facing incumbent Republican David Prosser.

Given that this is generally a low turnout sort of election, and that liberal groups are flooding the zone generally right now, the Dem has a real chance of winning, particularly because Prosser was one of the people who chose to ignore the US Supreme Court ruling and let a fellow state Supreme Court judge off for not recusing himself when a major donor to his campaign appeared before him.

Yes, This is a War Crime, and Barack Obama is Authorizing It

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So now alleged Wikileaks source Bradley Manning is forced to stand outside of his cell naked for extended periods:

Manning, a 23-year-old Army private suspected of passing thousands of classified documents to the online site WikiLeaks, was placed on suicide watch for two days this week – against the recommendation of the jail’s forensic psychiatrist, attorney David E. Coombs said.

During this time, Manning was forced to stay in his cell around the clock, stripped to his underwear, the lawyer said. His prescription eyeglasses were taken from him, except for the hour of television he is allowed to watch or when he was reading, Coombs added.

The circumstances of Manning’s confinement have drawn public attention. The United Nations special rapporteur on torture has said he submitted to the State Department a formal inquiry about Manning’s treatment.

You know, the other stuff, covering up the war crimes by Bush and His Evil Minions™ is a secondary crime, an accessory after the fact.

This is something different. This is him authorizing torture on his own, because he is at the top of the chain of command, and he knows it is going on, and he is allowing it to happen.

I’m with Mark Kleiman on this, “This is a total disgrace. It shouldn’t be happening in this country. You can’t be unaware of this, Mr. President. Silence gives consent.“

There is a part of me who wants a Republican to win the 2012 election, who then prosecutes Obama  for war crimes.

Of course, they won’t, because it would apply to them then, but the fact that there have not been cabinet level prosecutions over this is a travesty.

AT&T Has No Right to Privacy

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In a unanimous decision, the Supreme Court decided that corporations do not have a right to personal privacy under the Freedom of Information Act statute.

It was not even close.  It was unanimous, and there wasn’t even a separate concurring opinion.

The facts are clear:  AT&T cheated the government when it was wiring up schools and libraries, got caught, and paid a fine.

What happened next was that its competitors made FOIA requests to find out exactly what they did, and AT&T claimed that this would constitute an unwarranted intrusion of the corporation’s personal privacy which might “embarrass” it, which some some federal appellate judge who did too much LDS in the 60s actually bought that crap.

In reviewing the opinion, written by John Roberts (see here)what is exceedinbly clear is that John Roberts thought that this was an opportunity to sound “arch” or “witty”:

We disagree. Adjectives typically reflect the meaning of corresponding nouns, but not always. Sometimes they acquire distinct meanings of their own. The noun “crab” refers variously to a crustacean and a type of apple, while the related adjective “crabbed” can refer to handwriting that is “difficult to read,” Webster’s Third New International Dictionary 527 (2002); “corny” can mean “using familiar and stereotyped formulas believed to appeal to the unsophisticated,” id., at 509, which has little to do with “corn,” id., at 507 (“the seeds of any of the cereal grasses used for food”); and while “crank” is “a part of an axis bent at right angles,” “cranky” can mean “given to fretful fussiness,” id., at 530.

Maybe it’s just me, but he sounds neither “arch” nor “witty”, but rather like an 8th grade student who thinks that he is far more clever than he actually is.

It was a good decision, but Roberts’ opinion is just plain lame.

Roger Ailes Suborned Perjury

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Judith Regan, who literally f%$#ed Bernie Kerik at ground zero in Manhattan, settled for a few million dollars after being fired by Rupert Murdoch, and got an apology, in which News Corp formally disavowed the original accusation of anti-Semitism that was the ostensible reasoning for her firing.

Well, now we know why Newscorp caved, because Fox News chief Roger Ailes got caught on tape advising her to lie to federal investigators:

It was an incendiary allegation — and a mystery of great intrigue in the media world: After the publishing powerhouse Judith Regan was fired by HarperCollins in 2006, she claimed that a senior executive at its parent company, News Corporation, had encouraged her to lie two years earlier to federal investigators who were vetting Bernard B. Kerik for the job of homeland security secretary.

Ms. Regan had once been involved in an affair with Mr. Kerik, the former New York City police commissioner whose mentor and supporter, former Mayor Rudolph W. Giuliani, was in the nascent stages of a presidential campaign. The News Corporation executive, whom she did not name, wanted to protect Mr. Giuliani and conceal the affair, she said.

Now, court documents filed in a lawsuit make clear whom Ms. Regan was accusing of urging her to lie: Roger E. Ailes, the powerful chairman of Fox News and a longtime friend of Mr. Giuliani. What is more, the documents say that Ms. Regan taped the telephone call from Mr. Ailes in which Mr. Ailes discussed her relationship with Mr. Kerik.

It is unclear whether the existence of the tape played a role in News Corporation’s decision to move quickly to settle a wrongful termination suit filed by Ms. Regan, paying her $10.75 million in a confidential settlement reached two months after she filed it in 2007.

Yeah, it’s “unclear”.

Would not have come up, except for the fact that Regan fired her lawyers just before the settlement, and they were accusing her of doing so to avoid paying a contingency fee, and in the lawsuit, her lawyers’ affidavits mistakenly became part of the public record:

“In fact,” the complaint said, “a senior executive in the News Corporation organization told Regan that he believed she had information about Kerik that, if disclosed, would harm Giuliani’s presidential campaign. This executive advised Regan to lie to, and to withhold information from, investigators concerning Kerik.”

Mr. Redniss, in his affidavit, referred to “a recorded telephone call between Roger Ailes, the chairman of Fox News (a News Corp. company) and Regan, in which Mr. Ailes discussed with Regan her responses to questions regarding her personal relationship with Bernard Kerik.”

It appears that Fox in general, and Ailes in particular, found supporting Rudy Giuliani’s presidential campaign to be imperative, and so told her to lie in order to keep the dirt off of Rudy.

An interesting side note to all of this:

The court records examined by The New York Times this week, which have subsequently been taken out of the public case file, also reveal another interesting footnote. After Ms. Regan fired her lawyers, a seemingly unlikely figure came forward to help settle the case: Susan Estrich, a law professor and a regular Fox commentator whose book Ms. Regan had published, according to Ms. Regan’s affidavit.

Susan Estrich has been an absolutely useless horror show on the American body politic since she handed the presidency to George H.W. Bush on a silver platter as Michael Dukkakis’ campaign manager.

Mozilo Skates…

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The Department of Justice, no doubt looking forward rather than backward, had dropped its criminal investigation of former Countrywide CEO Angelo Mozilo:

Federal prosecutors have shelved a criminal investigation of Angelo R. Mozilo after determining that his actions in the mortgage meltdown — which led to $67.5-million settlement against him — did not amount to criminal wrongdoing.

As the former chairman of Countrywide Financial Corp., Mozilo helped fuel the boom in risky subprime loans that led to the crippling of the banking industry and the near-collapse of the financial system.

A federal grand jury in Los Angeles began probing Mozilo in 2008, and four months ago he agreed to pay a $22.5-million fine and to repay $45 million in what the government said were ill-gotten gains to former Countrywide shareholders. The payments settled a civil action by the Securities and Exchange Commission.

As Atrios notes, what this really means is that if you want to run a criminal enterprise, make sure that everyone has a piece of it, because, “If Everybody Is Guilty Then Nobody Is.”

Matt Taibbi is right, our society is now run by people who have declared criminals to be untouchable before the law.

Judge Who Accepted Bribes to Jail Children is Convicted

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Mark Ciavarella, Jr. who took kickbacks from private prisons to sentence children to confinement, has been found guilty of racketeering, money-laundering conspiracy, fraud and filing false income tax returns, though not of bribery:

A federal jury on Friday found a former Pennsylvania judge guilty in a so-called kids-for-cash scheme, in which he took money in exchange for sending juvenile offenders to for-profit detention centers.

………

The jury found him not guilty, however, of seven counts of extortion and 10 counts of bribery.

The former judge faces a maximum sentence of 157 years in prison. The jury also ruled he must forfeit $997,600.

I think that the jury felt that they had to find proof that he would not have sent these kids away if he hadn’t been paid, i.e. what was in his head at the time, which is impossible.

Maybe I’m a bit old fashioned, but the fact that hid the money, that whole money laundering and racketeering bit, is pretty good evidence that he knew what he was doing is illegal, but I wasn’t in the court room.

Here is hoping that the judge sentences him to the max.  What Ciavarella did was truly beneath contempt.

Nothing to See Here, Move Along…

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The National Academy of Sciences has reviewed the FBI’s forensic claims regarding Bruce Ivins and the Anthrax mailing investigation, and has politely called bullsh%$ on this:

The National Academy of Sciences is just out with a 190-page review [1] of the forensic science behind the FBI’s investigation of the 2001 anthrax letter attacks. The takeaway: Some of the evidence cited to identify Army microbiologist Bruce E. Ivins as the perpetrator isn’t as conclusive as the FBI has claimed.

In particular, the panel of experts said it “did not definitively demonstrate” that the source of the anthrax was spores taken from a flask controlled by Ivins, a microbiologist who did vaccine research at the U.S. Army Institute for Medical Research of Infection Diseases in Maryland. Nor did scientific data generated for the FBI “rule out other sources” for the anthrax, the panel’s report says.

Considering the record on the investigation, the you can review their tactics to the prior “person of interest” in this situation (Stephen Hatfill, who was exonerated and received a cash settlement) and be rather surprised that he didn’t top himself as well.

Unsurprising News of the Day

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Bernie Madoff is now saying that the banks were complicit or willfully blind with regard to his Ponzi scheme:

In his first interview for publication since his arrest in December 2008, Mr. Madoff — looking noticeably thinner and rumpled in khaki prison garb — maintained that family members knew nothing about his crimes.

But during a private two-hour interview in a visitor room here on Tuesday, and in earlier e-mail exchanges, he asserted that unidentified banks and hedge funds were somehow “complicit” in his elaborate fraud, an about-face from earlier claims that he was the only person involved.

………

In many ways, however, Mr. Madoff seemed unchanged. He spoke with great intensity and fluency about his dealings with various banks and hedge funds, pointing to their “willful blindness” and their failure to examine discrepancies between his regulatory filings and other information available to them.

“They had to know,” Mr. Madoff said. “But the attitude was sort of, ‘If you’re doing something wrong, we don’t want to know.’ ”

There’s a surprise.

The banks generated big fees by sending their customers to someone that they thought might not be on the up and up, and “surprise”, they made a point of not turning over the rocks?

Why is only Bernie going to jail?

The Only Answer is that Some People Are Above the Law

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The great Matt Taibbi Asks, “Why Isn’t Wall Street in Jail?,” and he doesn’t have an answer per se, but he does explain the consequences of the fact that the banksters are untouchable:

The mental stumbling block, for most Americans, is that financial crimes don’t feel real; you don’t see the culprits waving guns in liquor stores or dragging coeds into bushes. But these frauds are worse than common robberies. They’re crimes of intellectual choice, made by people who are already rich and who have every conceivable social advantage, acting on a simple, cynical calculation: Let’s steal whatever we can, then dare the victims to find the juice to reclaim their money through a captive bureaucracy. They’re attacking the very definition of property — which, after all, depends in part on a legal system that defends everyone’s claims of ownership equally. When that definition becomes tenuous or conditional — when the state simply gives up on the notion of justice — this whole American Dream thing recedes even further from reality.

This is the America that we live in, and Barack Obama and Timothy Geithner like it that way.

It really is a pity that the other side is so thoroughly contemptible, because there appears to be no good option.

Read the whole thing.

Shirley Sharrod Finally Sues Andrew Breitbart

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About damn time:

Former USDA official Shirley Sherrod has filed a lawsuit against conservative firebrand and web entrepreneur Andrew Breitbart. The suit stems from the notorious video Breitbart posted online last year, showing an out-of-context excerpt from a speech Sherrod gave to the NAACP Freedom Fund in March 2010. The clip suggested she had used her position at the Department of Agriculture to discriminate against white farmers. The media devoured the Breitbart’s version of story so voraciously that the NAACP denounced Sherrod and the Obama administration fired her. The charge was, in fact, entirely untrue.

Sherrod argues in the lawsuit that the clip “damaged her reputation and prevented her from continuing her work.” Breitbart, meanwhile, denounced the suit, saying he “categorically rejects the transparent effort to chill his constitutionally protected free speech.”

Let’s be clear, as a public official at the time, Shirley Sharrod has a very high burden of proof, so I do not know her chances of prevailing, but even if she wins, it is highly unlikely that she will get anything unless she takes action in advance to ensure that the real assets of his operations are secure.

His real assets would walk out of his office tommorow, on a memory stick, we are talking about things like his subscriber database, so if I were her lawyer, I would suggest that she move to have the court appoint a special master to oversee this data, to ensure that it doesn’t walk out the door.

Then again, I’m an engineer, not a lawyer, Dammit.*

*I LOVE IT when I get to go all Doctor McCoy!!!

Reagan Appointed Judge Rules Entire Healthcare Law Unconstitutional

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It was such a good idea for some moron to leave out a severability clause from the bill, huh?

A second federal judge ruled on Monday that it was unconstitutional for Congress to enact a health care law that required Americans to obtain commercial insurance, evening the score at 2 to 2 in the lower courts as conflicting opinions begin their path to the Supreme Court.

But unlike a Virginia judge in December, Judge Roger Vinson of Federal District Court in Pensacola, Fla., concluded that the insurance requirement was so “inextricably bound” to other provisions of the Affordable Care Act that its unconstitutionality required the invalidation of the entire law.

“The act, like a defectively designed watch, needs to be redesigned and reconstructed by the watchmaker,” Judge Vinson wrote.

The judge declined to immediately enjoin, or suspend, the law pending appeals, a process that could last two years. But he wrote that the federal government should adhere to his declaratory judgment as the functional equivalent of an injunction. That left confusion about how the ruling might be interpreted in the 26 states that are parties to the legal challenge.

And here is the money quote, which has since been removed from the online article:

The Florida plaintiffs ensured they would draw a Republican-appointed judge by filing the lawsuit in Pensacola.

I believe that the operative phrase here is, “Forum shopping for an activist judge.”

It’s all going to be down to Anthony Kennedy, because the other 4 reactionaries on the court are hyper-politicized assholes who have already made their mind based on partisan considerations.

If You Don’t Have the Law, or the Facts, and You Can’t Pound the Table, Because Someone is Slamming Your Face on It, Then

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Shred all relevant documents:

Federal bankruptcy judges in Delaware are due to hold separate hearings Monday on requests by two defunct subprime mortgage lenders to destroy thousands of boxes or original loan documents.

The requests, by trustees liquidating Mortgage Lenders Network USA and American Home Mortgage, come despite intense concerns that paperwork critical to foreclosures and securitized investments may be lost.

A series of recent court rulings have increased the importance of original loan documents, holding that they are essential for investors to prove ownership of mortgages and to have the right to foreclose.

Nope, nothing to hide here, it’s just too expensive to store boxes of documents.

What you are hearing right is not two 800 horsepower document shredders starting up.

Oops!

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Two potential reactions:


Whoever suggested that he rent out his house


My Reaction

Rahm Emmanuel has been struck from the ballot for the Chicago Mayoral race:

A state appeals court on Monday threw the Chicago mayor’s race into turmoil by ruling that front-runner and former White House chief of staff Rahm Emanuel did not qualify for the February ballot.

Emanuel immediately responded that he would appeal the ruling to the state Supreme Court and urged quick consideration. The ruling on Monday overturned decisions by a lower court and a Chicago elections board that allowed him on the February 22 ballot.

It appears that there is an exemption in the law for elected officials, but not for staff, and the fact that he had rented out his house was a major contributing factor.

That being said, I think that it is likely that it will be overturned on appeal by the Illinois Supreme Court, though I would prefer if the ruling stood, and Rahm has the  backing of the machine, so he still has a good chance of winning.

Eric Arthur Blair* is Spinning in His Grave

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Barack “The Worst Constitutional Law Professor Ever” Obama and Eric “Place” Holder have drawn up new guidelines on Miranda warnings when terrorism is involved, and they are declaring them secret:

The Obama administration has issued new guidance on use of the Miranda warning in interrogations of terrorism suspects, potentially chipping away at the rule that bars the government from using information in court if it was gathered before a suspect was informed of his right to remain silent and to an attorney.

But the Department of Justice is refusing to publicly release the guidance, with a spokesman describing it in an interview as an “internal document.” So we don’t know the administration’s exact interpretation of Miranda, even though it may have significantly reshaped the way terrorism interrogations are conducted.

You have the right to remain silent, only, we won’t tell you if and when that applies.

The Bush/Cheney constitutional Alice in Wonderland games are now made legitimate, bipartisan and routine by the Obama administration.

Alan Grayson for President in 2012.

*George Orwell.

Un-Dirty-Word-Believable

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The roof is on fire…

Have you heard the one about the guy who passed the bar exam in Ohio, but was denied his law license on moral grounds because he had accumulated too much debt going to law school?

Yeah, well, it ain’t funny:

Wow. Guy goes to law school, guy racks up a huge amount of debt, guy has no idea how he’ll pay off his debts. Sound familiar? Okay, here’s the twist: the guy failed the “character and fitness” component of the Ohio bar because he has no plan to pay off his loans.

What the hell kind of legal education system are we running where we charge people more than they can afford to get a legal education, and then prevent them from being lawyers because they can’t pay off their debts?

Because it’s not like Hassan Jonathan Griffin was in a particularly unique situation when he went before the Ohio bar. A year and a half ago, we wrote about a man who was dinged on his character and fitness review because he was $400,000 in debt. That’s an extraordinary case. Hassan Jonathan Griffin owes around $170,000. He has a part-time job as a public defender. He used to be a stockbroker. He’s got as much a chance of figuring out a way to pay off his loans as most people from the Lost Generation.

The more that we make getting out of a hole impossible for ordinary Americans, the more we make a hollow country that will one day implode.

If this is what America is, then we need to examine what we are, because this is the sort of sh%$ makes me want to play Nero, and fiddle while the whole corrupt place burns.

Delay Sentenced to 3 Years in the Slam

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Schadenfreude, sweet schadenfreude!

And 10 years probation on money laundering and conspiracy charges.

The only cloud to this silver lining is that his active work on behalf of human traffickers in the Northern Marianas, creating what was for all intents and purpose a consequence free zone for slavery and forced prostitution, is not a part of this sentence.

I may be a bad person for doing a happy dance about this, but then I am a bad person, because I am doing a happy dance.

The desire for retributive justice is something that is a nearly universal human characteristic, and it is only through conquering our baser animal instincts through the application of higher order thought, and empathy, but I guess that I am simply not so evolved.

Needless to say, the fact that I am unevolved will come as no surprise to those who know me well.