Category: Justice

First Gitmo Habeas Suit Filed

It’s been filed by Abdul Rahim Abdul Razak al Ginco who is demanding that the US government show cause as to why he is detained.

According to the article, before he was detained and tortured by us as a potential terrorist, he was detained and tortured by the Taliban as a US spy in Afghanistan.

I think that we will be discovering that we tortured a bunch of innocent people, and now Bush and His Evil Minions are afraid that if we let them go, they will be angry at us…well, duh.

Mexico Revamps Justice System

Mexico has completely revamped its justice system, the high points are:

  • The presumption of innocence (I guess they must have continued the Code Napoléon from their brief time as a French posession).
  • Public trials.
  • Allowing lawyers to argue orally before judges (it was all written briefs before).
  • Improvements to the public defender system.
  • Gives state and local police departments the power to investigate their own corruption, which had previously been an exclusively federal purview.

All in all, it looks like major improvements, though considering the starting point, this is not difficult.

I agree with the civil libertarians who are concerned about the 80 days detention without charge though.

U.S. Pot Getting More Potent

I dinna smoke it no more, too many pee tests, but it’s laughable when the Office of National Drug Control Policy claims that this means that the increase in potency makes it more dangerous. Of course, people who actually study THC say that there is no additional danger involved, and that the most dangerous thing about pot is the smoking, which like all smoking is bad for you.

It’s up from last year’s 8.75% THC to 9.6%.

Also (H/T Talkleft) we have studies indicating that THC may have anticancer properties and may repair damaged brain cells and help with anxiety and depression.

More potency is good news, except for the whole “binging on ice cream sammiches” thing.

Arbitration as a Racket

Businessweek has as damning article on the arbitration industry:

But internal NAF documents and interviews with people familiar with the firm reveal a different reality. Behind closed doors, NAF sells itself to lenders as an effective tool for collecting debts. The point of these pitches is to persuade the companies to use the firm to resolve clashes over delinquent accounts. JPMorgan Chase (JPM) and Bank of America (BAC) are among the large institutions that do so. A September, 2007, NAF PowerPoint presentation aimed at creditors and labeled “confidential” promises “marked increase in recovery rates over existing collection methods.” At times, NAF does this kind of marketing with the aid of law firms representing the very creditors it’s trying to sign up as clients.

The laws that allow for this need to be changed.

The arbitration system is corrupt to the core.

Supreme Court Reaffirms Patent Exhaustion

The case is LG Electronics vs Quanta, where LG licensed the technology to Intel, who made the chips used, but wanted to charge buyers of the chips an additional royalty.

Basically, patent exhaustion says that if someone licenses a patent from you, and they sell stuff made with that patent to someone else, the recipient can use that stuff without any more restrictions. It’s a 100 year old precident, but the patent court decided to ignore it.

You can find a very good primer on why this happened here.

The district court ruled for Quanta, but the patent court ruled for LG on appeal, and the Supreme Court completely reversed the patent court, which is becoming a regular thing.

The special patent court is out of control and needs to be abolished.

30 Years for Driving While Black

William Thornton IV, a black man, skidded through a stop sign on a rainy night, and struck an SUV, killing its two occupants. He remained at the scene, and there were no drugs or alcohol in him. He had no criminal record.

Despite this, Judge Ric Howard sentenced him to 30 years in jail, after he followed his public defender’s advice, and pled guilty and threw himself on the mercy of the court.

Thankfully, a high powered law firm noticed, but had he been white, would he have served any time at all.

New Gitmo Revalation: Pentagon Directed Destruction of Evidence

The operation manual that the Pentagon gave interrogators directed them to, “destroy their written notes in case of being summoned to testify regarding alleged ill-treatment of detainees”, seehere, here, and here.

In an affidavit signed by [Omar Khadr Defense Attorney] Kuebler, the manual is quoted as saying, “The mission has legal and political issues that may lead to interrogators being called to testify, keeping the number of documents with interrogation information to a minimum can minimize certain legal issues.”

This flies in the face of every tenet of modern law and jurisprudence.

Ignoring the fact that Khadr was a 15 year old child at the time of the event, and should therefore be treated for trauma as a child soldier, the idea that the operations manual calls for destruction of evidence on the theory that it might prove inconvenient is outrageous.

The person who wrote this manual should be jailed, not just fired.

Prosecutors Back off Siegelman and Scrushy Sentence Appeal

After Siegelman and Scrushy were convicted in what increasingly appears to be a politically motivated trial, prosecutors appealed the original sentences of around 7 years (already unprecedentedly harsh), asking for 30 and 25 years respectively.

They have now now withdrawn their appeals of the sentences.

Obviously, the coverage scared off the prosecutors, because it has become increasingly obvious that this trial would give one of Stalin’s show trials a run for its money.