Entries Tagged as 'Legal'

Brink’s Pill Heist

On the 17th of March in what could well become the basis of the next Hollywood crime caper movie, $75 million worth of pharmaceuticals was stolen from a warehouse in Enfield, MA from Eli Lilly & Co.

The thieves disabled the alarm system, scaled an exterior brick wall, cut a hold in the roof, rappelled inside, loaded pallets of merchandise onto an awaiting vehicle, and left with a semi-truck full of stolen goods.

Prozac, Cymbalta, Zyprexa according to Eli Lilly no narcotics or painkillers were stored in this ware house.

Why worry about drugs from abroad when it seems the drug trade is very much alive right in our own back yard.

Originally posted 2010-03-19 02:00:13.

As Kagan Joins, Federal Courts’ Roles Rise In Importance

by Ron Elving

This weekend, Elena Kagan was sworn into the elite club of 112 who have served on the U.S. Supreme Court. The moment was duly noted across all news media, in large part because Kagan is just the fourth woman in the club.

But journalists also pounce on new appointments to the High Court in part to correct our perennial neglect of the judicial system. By far the preponderance of political journalism spilling out of Washington is devoted to the White House and Capitol Hill. As a rule, we pay attention to the courts when they interfere with something the other branches are trying to do.

This summer, federal judges have once again been horning in on issues of great interest and high stakes. Gay marriage. Immigration. The health care law. The post-BP moratorium on deepwater drilling. Each of these decisions will be reviewed by federal courts of appeal and ultimately by the U.S. Supreme Court.

But for that reason alone they will be generating news, inflaming public opinion and determining the direction of our politics, economics and culture.

Although most of the federal judiciary labors in lofty obscurity, at moments such as these one man or woman in a black robe can make an incalculable difference. Governors and senators and others in public life can only dream of such moments of influence.

Consider that on one day last week, one federal judge in San Francisco issued an opinion that invalidated the best known voter initiative of recent years: Proposition 8 on the 2008 California ballot, which overturned the state’s recognition of gay marriage.

Presenting extensive findings of fact from the trial before him, U.S. District Court Judge Vaughn Walker noted that defenders of Proposition 8 had scarcely attempted to refute these findings. In fact, the Prop 8 defense in its entirety was so cursory as to suggest its attorneys scarcely thought the trial court level was important. Their eye was on the friendlier venues of the U.S. Court of Appeals for the 9th Circuit and the U.S. Supreme Court.

But if liberals and libertarians were heartened by Walker, they were equally gratified one week earlier by the ruling of U.S. District Court Judge Susan Bolton, who kicked out the key pillars of an Arizona law attempting to crack down on illegal immigration. Bolton found fault in that law’s provisions allowing state and local officials to question the immigration status of people they deemed suspicious — for whatever reason. The requirement that residents who ran afoul of such suspicion produce papers proving their immigration status was also spiked by the judge.

Bolton, like Walker, knew well how every word she put to paper would be scrutinized, analyzed and politicized. No doubt the same could be said for other judges bringing a more conservative viewpoint to bear on equally significant issues in recent days.

First of these was federal District Court Judge Martin Feldman of Houston, who spiked the administration’s six-month moratorium on oil-and-gas drilling in the Gulf of Mexico. The administration may well have thought the argument for shutting down new explorations in the Gulf was open and shut in the wake of the BP Deepwater Horizon debacle. But if the shutdown was a no-brainer for environmentalists and industry critics, business folks in the Gulf states seemed to see it primarily as a short-term job killer and a long-term cloud over the economic future of the region.

Liberals were swift to note that Judge Feldman had a portfolio of stock holdings in the oil and gas sector, one that might well suffer in the event of a long-term slowdown in Gulf energy production. They also noted that the relevant federal appeals court, the 5th Circuit in New Orleans, was dominated by judges with business interests much like Feldman’s.

But the judge’s ruling stands, and is likely to stand longer than the Obama administration stands behind its six-month moratorium.

Similarly, in the same week as the Prop 8 ruling, supporters of the Obama health care law were incensed that U.S. District Judge Henry Hudson in Richmond had approved Virginia’s standing to sue the federal government over the enforcement of provisions in that law. Defenders of the new health law had hoped that Hudson might uphold the historic principle of federal pre-eminence, a central issue since the founding of the Republic.

Many have noted the symbolic power of having this challenge emanate from Richmond, the capital of the Confederacy in the 1860s and the epicenter of “massive resistance” to the school integration decision of the Supreme Court in the 1950s. State’s rights may be a heading in a history textbook for some parts of the country, but they remain a mainstay of current events in the South.

Talk of nullification — the asserted right of states to ignore federal laws as they choose — has re-emerged as President Obama has pursued an activist agenda. In Texas and Tennessee, candidates for statewide office have allowed references to secession to enter their campaign vocabularies.

While no one expects another Civil War, we are clearly heading into the most significant round of state-federal confrontations we have seen since the 1960s. And that struggle has already been joined in courtrooms around the country, where it will largely be fought.

Small wonder then that Republicans in the Senate have made resistance to the judicial nominees of the new president such a salient element of their mission in these past 18 months.

To be sure, the president has seen both his nominees to the Supreme Court approved with little suspense. But the Senate has yet to allow a vote on most of the 85 nominees he has sent up for federal judgeships at the district and appeals court levels.

Same old partisan story? Not quite. The last five presidents, three of them Republicans, have seen four out of five of their appointments confirmed.

Democrats under Majority Leader Harry Reid have not been willing to call the minority’s bluff on this tactic by demanding real-time filibusters with all-night sessions and cots in the lobbies. No one wants the delay, the drama or the indignity.

But as the number of Democrats in the Senate shrinks in the November election, those who remain will need to reconsider what means are necessary to install their president’s choices in the increasingly powerful job of judge.

Original Story on NPR.org

Originally posted 2010-08-21 02:00:48.

Illegal Immigrants

Illegal Immigrants
By Arend Van Dam, 13-May-2011

Originally posted 2011-05-15 02:00:11.

Don’t Ask – Don’t Tell

Repeal of ‘don’t ask, don’t tell’ is inevitable
By Christopher Wolf, CNN
22 September 2010

Senate Republicans successful in blocking the repeal Tuesday of “don’t ask, don’t tell,” the military’s discriminatory policy on gays and lesbians in the military, obviously did not read or simply chose to ignore a California federal judge’s ruling several weeks ago that the policy violates fundamental constitutional rights.

Given the opportunity to undo the bigotry that was written into law 17 years ago, the senators chose not to follow the lead of the House of Representatives, which voted in May to repeal the law. Instead the Senate opted to pander to socially conservative voters. For now, at least, the law remains on the books.

But the march to repeal or invalidation must and will resume. The unfairness and wastefulness of the “don’t ask, don’t tell” policy has been demonstrated repeatedly.

Twelve years ago I handled a case that by itself showed the absurdity and mean-spirited nature of the law. In 1998, I represented a highly decorated 17-year veteran of the United States Navy who had served honorably and continuously since he was 19 years old.

Out of the blue, the Navy decided to kick him out of the service because he was gay, and not based on anything he did as a sailor. (I was called into the case the night before the discharge was to take effect.)

At the time of the Navy’s decision to discharge him, he was the senior-most enlisted man aboard the United States nuclear submarine USS Chicago, the sole source of income for his mother and nearing retirement eligibility.

The “offense” triggering the Navy’s witch hunt was an e-mail the sailor had sent from his AOL account seeking donations of toys for the children of his shipmates at Christmas. (His AOL username made the Navy officials suspect the sailor might be gay, but nothing in the contents of the e-mail or anything else in the sailor’s behavior in the service justified what the Navy did.)

The Navy decided to go on a “search and destroy” mission against the service member (those are the words of the judge hearing the case), when it asked AOL to get information about the sailor to confirm he was gay.

Then-Judge Stanley Sporkin–formerly general counsel of the SEC and CIA, so no bleeding heart liberal — found that the Navy had violated federal electronic privacy law by demanding information from AOL to make its case against the sailor, and that it had violated the strictures of the “don’t ask” part of the military policy on gay and lesbian service members. He stopped the Navy from throwing out a distinguished service member in light of its illegal activity.

The case made news at the time. The decision was a courageous one and against the conventional wisdom that Congress had accommodated gays and lesbians just fine with “don’t ask, don’t tell” and it was not up to civilians to tell the military how to operate.

Sporkin wrote in his opinion that “It is self-evident that a person’s sexual orientation does not affect that individual’s performance in the workplace. At this point in history, our society should not be deprived of the many accomplishments provided by the people who happen to be gay.”

He said the court “cannot understand why the Navy would seek to discharge an officer who has served his country in a distinguished manner just because he might be gay” and that the case “vividly underscores the folly of a policy that systematically excludes a whole class of persons who have served this country proudly and in the highest tradition of excellence.”

He acknowledged that the case specifically did not reach any of the constitutional issues underscoring the “don’t ask, don’t tell, don’t pursue” policy, but he felt compelled to note that “the defenses mounted against gays in the military have been tried before in our nation’s history — against blacks and women.” Sporkin concluded: “Surely, it is time to move beyond this vestige of discrimination and misconception of gay men and women.”

Twelve years later, a successor of Sporkin’s on the federal bench in California decided just that — that it is time to eliminate discrimination, as a matter of constitutional law. In the meantime, scores of qualified and committed service members have been ousted based solely on a policy whose foundation is unconstitutional bigotry.

They did not have a Sporkin to take up their cause of justice. They will never get their careers back, or purge the trauma of being labeled second-class citizens, and neither will our country be able to recover their valuable lost service.

Although the Senate stopped repeal of “don’t ask, don’t tell” in its tracks yesterday, the California ruling will work its way through the appellate process. In the end, this will turn around and the day will come when gay and lesbian service members and their allies can say we were right all along, and just as in the days of segregation, the country was wrong.

Repeal of ‘don’t ask, don’t tell’ is inevitable on CNN

Originally posted 2010-09-25 02:00:31.

Report Fraud

Each and every time you encounter someone trying to defraud you make sure you report it.

Phishing scams, money scams, premium SMS message, suspicious phone calls, un-authorized phone charges, un-authorized credit card charges, etc — go ahead and visit the IC3 (Internet Crime Complaint Center; a partnership between the Federal Bureau of Investigation [FBI], the National White Collar Crime Center [NW3C], and the Bureau of Justice Assistance [BJA]) and file a report.

Take action and let the law enforcement community decide what’s a threat and what’s not – but DO NOT remain silent or these problems will continue.

http://www.ic3.gov/

 

NOTE:  If you have an un-authorized charge on any of your bills you will also want to contact your billing company and dispute the charge with them; the IC3 will not do this for you.

Originally posted 2008-10-24 13:00:38.

For the good of the many…

BART shutdown power to cellular antennas in and around BART stations in order to prevent individuals from using social media to organize a protest.

BART said basically it weighed the rights and freedoms all American expect against the potential threat to public safety.

How many times have autocrats and dictators used a similar statement to defend their actions in the past.

Freedom has costs associated with it; and unfortunately the right to protest is a fundamental tenant of American society… suppressing that right, even if there is a perceived threat of something possibly going wrong, does harm to all of us.

Since 9/11 this country has been headed down a dangerous road — essential freedoms have been compromised, and now public entities are taking action without any judicial review that severely impact public freedoms.

I say it’s time this stops before we find that “we” didn’t win the Cold War, we simply became the enemy.


Cell Service Shutdown Raises Free Speech Questions by Carrie Johnson NPR.org

Originally posted 2011-08-16 02:00:36.

Spring Forward – Fall Back

Today Daylight Savings Time ends in every state of the US except Hawaii — that’s the only US state (in it’s entirety) that does not observe Daylight Savings Time; the time zone, HAST (Hawaii-Aleutian Standard Time; UTC-10) — of course the Aleutian Islands (Alaska) were on HADT until just a bit ago…

If you’re thinking I’m wrong because you believe Arizona doesn’t observe Daylight Saving Time you’d be partially correct… but since the Navajo Nation does observe Daylight Savings Time, and it’s located within the boundaries of the state of Arizona, the state in it’s entirety wouldn’t meet the condition of my assertion.

Puerto Rico, the US Virgin Islands, Guam, and American Samoa also do not observe Daylight Savings Time, but they aren’t states (they’re possessions) so they also fail to me the conditions of my assertion.

And fortunately for everyone the wacky system Indiana used for a very long time vanished in 2005 when the entire state began observing Daylight Saving Time.

Generally Benjamin Franklin is credited with the idea of Daylight Savings Time… but his plan technically called for the shifting of working hours, not the changing of the clocks — the actual concept of changing the clocks is generally attributed to William Willett (England) in 1907 — but the plan wasn’t adopted until World War I.

While the US observed daylight savings time during World War I, the law was quickly repealed after the end of the war (1919); it was re-established during World War II, used year round in 1973-1974 (Energy Crisis), and finally fixed by law in 1987 to insure consistency among states, then expanded in duration in 2005 (it’s not mandatory that a state observe Daylight Savings Time, only the start / end dates are set by Federal law if a state so chooses to observe Daylight Savings Time).

Personally, I think Daylight Savings Time, and Time Zones are an albatross that we simply do not need any longer; you’d have though with the redefining of measurements by the Metric System we’d have addressed the bizarre way in which humans measure the passage of time, and reference it by the calendar.

Originally posted 2010-11-07 02:00:06.

“Honest Services” Law

Last Thursday the Supreme Court greatly narrowed the scope of a federal fraud law frequently used to prosecute white-collar criminals.

And guess who might benefit from the decision…

Enron CEO Jeffrey Skilling among a host of others.

The Supreme Court ruling was the result of an appeal Jeffery Skilling brought before the court.  Skilling actually ask that the “honest services” law be struck down as unconstitutional as well as asking for a new trial since he claimed he didn’t get a fair trial in Houston (I personally don’t recall him requesting a change of venue — so apparently he felt he’d fair better there than most other places people felt he’d defrauded them out of their life savings).

Justice Ruth Bader Ginsburg’s written option stated that prosecutors could continue to seek honest services fraud conviction in cases where their is sufficient evidence to show defendants accepted bribes or kickbacks.  Of course Jeffery Skillings isn’t accused of accepting bribes or kickbacks, just filling his pockets with money at the expense of his investors and customers by knowingly manipulating the energy market.

The court did not specifically throw out any of the nineteen counts against Skilling, nor did they agree to a new trial.

I’m sure former Illinois Gov. Rod Blagojevich, former Alabama Gov. Don Siegelman, and ex-HealthSouth CEO Richard Scrushy, former newspaper magnate Conrad Black, former Alaska lawmaker Bruce Weyhrauch as well as other will be quick to see what this new ruling might do to help them.

Justices Sonia Sotomayor, Stephen Breyer, and John Paul Stevens were the dissenters; and I once again have to ask what box of cereal Justice Ginsberg clipped her law degree from.

I know, this is America, land of the free; but where the more cash you have, the more “equitable” the law.

Originally posted 2010-06-25 02:00:00.

Free Speech

There’s a story coming out of Missouri about a man who exercised his right to express his views (peacefully)…

Personally, my feeling is his choice was less than tasteful, and certainly doesn’t represent my beliefs — but none the less I defend his right to make his views known, and I believe those who coerced him into removing his display represent a great evil that is swelling in this country.

We Americans pride ourselves on being the land of the free and the home of the brave… but in fact we’re the land of those who must acquiesce to what is politically correct and the home of those who are too ignorant to believe in the principals that truly used to set Americans apart from much of the world.

Racially-driven Halloween display removed at sheriff’s request
By Holly Brantley

NEAR SIKESTON, MO (KFVS) – At the request of sheriff Rick Walter, Scott County homeowner Rick Hoskins removed a Halloween display in front of his home Wednesday that’s the subject of much controversy in the Sikeston area.

The display, which featured a Ku Klux Klan figure alongside an effigy of a black man hanging from a noose, could be seen by drivers on Interstate 55.

Walter said his office had received several complaints about the display, so he contacted the office of prosecuting attorney Paul Boyd to see if it was within the sheriff’s department’s rights to remove it due to the problems it could cause.

Boyd encouraged Walter to discuss the matter with Hoskins and to ask Hoskins to take it down. Hoskins complied, but indicated he would contact his attorney with the intent of putting the decorations back up.

“There’s been a bunch of people that’s stopped by since I put them up,” said Hoskins. “Said they want to shake my hand. They said they’re glad to see a little white pride is still left in this country.”

Hoskins also flies a Confederate flag in his front yard, and says he has for years.

“They’re my Halloween decorations,” Hoskins said. “I think they speak for themselves.”

As for neighbors and others in the county, most found the decorations offensive and inappropriate.

“I thought we were passed that,” said a woman from Sikeston. “I thought we were all friends here.”

“I understand it’s freedom of speech,” said another woman. “But he needs to get over it.”

© 2010 KFVS. All rights reserved.

Originally posted 2010-10-25 02:00:56.

Stonewall

President Obama declared June 2009 Lesbian, Gay, Bisexual, and Transgenders Pride Month, citing the rights that began at Stonewall Inn, 51 &53 Christopher Street, Greenwich Village, New York City, New York, United States of America on 29 June 1969.

Forty years since the event that is generally considered to be the beginning of the gay civil rights movement (though there were previous efforts at gay civil rights) President Obama makes a token gesture of recognition of the inequity individuals who are not part of the heterosexual majority suffer on a daily basis, but fails to mention that their is still no protection of sexual orientation in the United States and that many states have on the books laws which effectively attempt to make illegal same sex relationships (or at least sexual activities between same sex — and some anything considered deviant sexual activities even between legally married individuals).

Simply put, it is time for the United States of America to recognize and provided equality to each and every American regardless of their age, sex, creed, national origin, ancestry, race, color, sexual orientation, political affiliations, religion, beliefs, physical limitations, or marital status.

Plain and simple, all Americans are Americans and they deserve to be treated equally.

NOTE: June 1999 the US Department of the Interior designated 51 and 53 Christopher Street, the street itself, and the surrounding streets as a National Historic Landmark.

Let it forever be remembered that here—on this spot—men and women stood proud, they stood fast, so that we may be who we are, we may work where we will, live where we choose and love whom our hearts desire.
· John Berry, Assistant Secretary of the Department of the Interior

Originally posted 2009-06-01 02:00:39.