Archive for the ‘Law’ Category

Only In The Movies

Thursday, October 4th, 2007

In George Stevens’ 1942 “Talk of the Town” law professor Michael Lightcap (Ronald Coleman) holds off a lynch mob going after local agitator Leopold Dilg (Cary Grant) with the revelation of the truth about a supposed arson and these words.

This is your law, your finest possession. It makes you free men in a free country. Why have you come here to destroy it? If you know what’s good for you take those weapons home and burn them, and then think. Think of this country. The law that makes it what it is. Think of a world crying for this very law. Then maybe you’ll understand why you ought to guard it. Why the law has got to be the personal concern of every citizen, to uphold it for your neighbor as well as yourself. Violence against it is one mistake. Another mistake is for any man to look upon the law as just a set of principles, just so much language printed on fine heavy paper, something he recites and then leans back and takes it for granted that justice is automatically being done. Both kinds of men are equally wrong! The law must be engraved in our hearts and practiced every minute –to the letter and spirit! It can’t even exist unless we are willing to go down into the dust and blood and fight a battle every day of our lives to preserve it for our neighbor as well as ourselves!

In one of those startling education-by-juxtaposition moments, I heard these words last night just after reading the latest revelations about the Gonzalez Department of Justice. In a secret opinion in February 2005, reversing a previous public opinion, torture was declared to be legal.

The new opinion, the officials said, for the first time provided explicit authorization to barrage terror suspects with a combination of painful physical and psychological tactics, including head-slapping, simulated drowning and frigid temperatures.

Then, when Congress later in the year tried to outlaw “cruel, inhuman and degrading” treatment, this same Department of Justice secretly wrote another opinion which declared that none of the then-in-use interrogation methods of the CIA violated the proposed standard.

Secret Approval for Torture

Some Department of Justice lawyers objected. In fact there were rumors of mass resignations. James Comey, the Deputy Attorney General, told colleagues at the department that they would all be “ashamed” when the world eventually learned of it. But then he left. Quietly.

As in so many cases during the run up to the war and the years following those who “are willing to go down into the dust and blood and fight a battle every day of our lives to preserve the law for our neighbor as well as ourselves,” have not appeared. People who knew and who had the information and standing to make a difference — did not.

Perhaps these sentiments of law as the bed rock of democracy and of heroes arising to fight for it are only to be found in the film scripts of left-wing writers [Sidney Harmon, Irwin Shaw, Sidney Buchman]. If so, we are in trouble far more than we know.

If such dreams and beliefs are deeper and are truly part of the American character then it is time to bring them out of the descending darkness.

It is time to say to everyone, those with great power and those with single voices, the great shut-up is over.

It is time to find courage.

It is time to take the fight to the law breakers, to those who believe only in power released from all constraints.

It is time to understand how far our leaders have strayed from our foundational beliefs.

It is time.

Meditation and the Law

Monday, July 30th, 2007

This article, front page, above the fold, photo caught my attention for more than those reasons. The featured lawyer-meditator, Mary Mocine, is a friend of mine from the way-back years. The article throws zen and buddhist meditation practices into one big pot which will puzzle those who know the various practices but as an introductory, and interesting, look at the confluence of serious meditation and lawyer’s lives, it isn’t bad.

ZEN and the art of lawyering

A follow up article on whether meditation, the conceptual strengths, of Buddhism in any of its forms helps win cases, or bring just solutions to serious problems, would be welcome.

More Proof of Idiocy

Wednesday, May 30th, 2007

I can’t say the Supreme Courtiers’ latest ruling came as a shock. My reaction is more like the one I have when watching the World’s Dumbest Criminals on TV — like the guy who falls in through the skylight while trying to get in to rob the convenience store and then finds the doors locked so he can’t get out — all caught on video, natch.

The Supreme Court has just ruled that unless you sue your employer for pay discrimination within 180 days of being given that pay, you can’t sue -ever! Never mind that it is extremely hard to find out what your peers are being paid in most companies, and those who persist in trying to find out stand in the way of firing.

The court held on Tuesday that employees may not bring suit under the principal federal anti-discrimination law unless they have filed a formal complaint with a federal agency within 180 days after their pay was set. The timeline applies, according to the decision, even if the effects of the initial discriminatory act were not immediately apparent to the worker and even if they continue to the present day.


Supreme Courtiers

Fortunately, the ruling seems to be an interpretation of the Civil Rights act, and so Congress could re-work the language to make the ruling moot. Unfortunately, there are enough in Congress who think that since women on the whole are shorter than men they should, on the whole, be paid less.

Comments at Lawyers Guns and Money

Gonzales Post Mortem

Friday, April 20th, 2007

It was a terrible and wonderful day yesterday. For reasons beyond the scope of this post I was able to listen to the full day grilling of a man with the name of Alberto Gonzales who mysteriously is called the Attorney General of the United States of America. As one commentator said, next to the Secretary of Defense the Attorney General holds the most important Cabinet post in any administration. And yet, there sat a man holding a job that is so far over his head he was walking on the bottom, drowning, hearing nothing, saying little and understanding nothing — of his job, most of all.

As I commented yesterday, “Gonzales recalls so little it seems to me he has a mental condition serious enough that he should be relieved of his duties in order to enter long term therapy.”

It’s hard to describe the sensation of listening to hour after hour of questions being given non-responses hour after hour. And yet Gonzales does not come across as malevolent, or agressive in a Rumsfeldian way, though at times he protested what had been said about or imputed to him. He just seemed far away, unaware. I don’t think English has a word for what one feels witnessing this; it’s like empathetic appalled pity with a thick icing of fear. This guy has incredible power over us!

Not only didn’t he recall, he just didn’t seem to know. The Judiciary Committee came ready to pound him and wound up pitying him. It was worse to watch than the recent American Idol shows with Sanjaya’s malperformances. Schumer and Feinstein were out-eyerolling Simon Cowell. But this was not just a silly show.

Alberto Gonzales is still Attorney General. He is still running a department with oversight of 103,000 (p. 32) people! For all the “mistakes” he admitted to he still thinks the firings were correctly done,and that those retained apparently meet his criteria — which at no point could he articulate. Actually to say he “fired” them himself is to stretch the definition of the word. He actually simply went along with the recommendations of his barely 30 year old Chief of Staff, Kyle D. Sampson, though that was not even clearly stated. He was asked repeatedly: Who made the decisions? Based on What? He couldn’t answer.

Gonzales’ boss, the ex Major League Baseball Owner, George W Bush, called his employee’s performance “fanatastic.”

The New York Times print edition on Friday properly headlined the appalling news. The San Francisco Chronicle turned over their top of the fold to the sports page with news about the local professional basketball team, the Golden State Warriors, which made the playoffs after 12 years. Gonzales was relegated to the bottom left corner of the front page. If the placement were out of embarrassment we could understand it, but the danger revealed by his testimony really ought to be more important than the trickiness of Warrior’s coach Don Nelson. [Neither on-line site offers print edition layouts so you'll have to take my word for it, or check the discards at the coffee shop....]

Gonzales on Hot Hot Seat

Thursday, April 19th, 2007

Updates below 1,2,3,4

Thursday morning. Attorney Generalissimo Alberto Gonzales is being grilled by a very heated Republican Arlen Specter.

Says Jeffry Toobin on CNN: “The Attorney General has GOT to hang on to the Republicans today and he’s NOT off to a good start.”

The show is on C-Span3, however the internet link is bollixed. Too many hits is my guess. [Update 1: I've got it streaming now.]

Update 2: Seems like KQED radio is broadcasting the hearings with a time-delay. At 9:20 or so the opening statements are being read…

Update 3: BlueState is live-blogging the hearings. I didn’t hear the disruptions he reports but I did hear Leahy admonishing the audience to behave.

CNN is showing clips of the grilling but it and the other cable channels still have a stash of murder-porn from Cho Seung-Hui and need to show it, bad.

Senator Feinstein is asking WHO is making these decisions? Three times yesterday you said that you “accepted” the decisions of the staff.

She is really blistered over his firing of Carol Lam in San Diego and is reading a list of her accomplishments. “No one ever talked to her, about any concerns!” Gonzales is replying, Feinstein is furiously silent.

It strikes me that Gonzales is Bush’s fraternal twin brother: amiable, un-curious, unthoughtful, willing to do what he perceives the powerful want…

Republican John Cornyn of Texas is softballing Gonzalez now and slides off onto unrelated matters, adding that Clinton fired all 90 USAttorneys and wasn’t questioned. (All US Attorneys are always replaced at the end of Presidential terms — at least in recent decades. What is contentious is firing them mid-term. Leahy just clarified this to Mr. Cornyn.)

Senator Feingold is not happy.

Gonzales recalls so little it seems to me he has a mental condition serious enough that he should be relieved of his duties in order to enter long term therapy.

Senator Schumer is not happy. He is bringing up Carol Lam. He and Feinstein are tag-teaming on Gonzales. ~Carol Lam has testified she was not aware of DOJ concerns about her performance. Kyle Sampson testified DOJ said nothing to Carol Lam. You, Mr. Attorney General, with a month to prepare for this hearing, say she was acutely aware of concerns about her. Who is telling the truth?~

Update 4: Kevin Drum reveals an anonymous letter from Concerned Justice Department Employees.

The list for proposed interns at the Justice Department was culled by political leanings. Full letter here (pdf).

More on the politicization of the Department of Justice to increase the number of voter fraud cases.

For six years, the Bush administration, aided by Justice Department political appointees, has pursued an aggressive legal effort to restrict voter turnout in key battleground states in ways that favor Republican political candidates.

The administration intensified its efforts last year as President Bush’s popularity and Republican support eroded heading into a midterm battle for control of Congress, which the Democrats won.

McClatchy: Voter Fraud in GOP

An Unsuitable Steward of the Law

Monday, April 16th, 2007

Now here are some conservatives one could imagine sitting in the same car with….

“Dear Mr. President and Attorney General:

We, the undersigned co-founders of the American Freedom Agenda, urge the Attorney General to submit his resignation and the President to accept.

Mr. Gonzales has presided over an unprecedented crippling of the Constitution’s time-honored checks and balances.

He has brought the rule of law into disrepute, and debased honesty as the coin of the realm.

He has engendered the suspicion that partisan politics trumps evenhanded law enforcement in the Department of Justice.

He has embraced legal theories that could be employed by a successor to obliterate the conservative philosophy of individual liberty and limited government celebrated by the Founding Fathers.

In sum, Attorney General Gonzales has proven an unsuitable steward of the law and should resign for the good of the country.

The President should accept the resignation, and set a standard to which the wise and honest might repair in nominating a successor, who will keep the law, like Caesar’s wife, above suspicion.

Sincerely,

Bruce Fein, Chairman Richard Viguerie David Keene Bob Barr John Whitehead”
(more…)

Interrogations: Unsettling

Tuesday, March 20th, 2007

Now here’s something to make your scalp tingle. Twice.

Out of the documents being turned over to Congress while looking into the firings of the United States Attorneys comes the news that one of the firings was related, in time at least, to requests by that USA to record all interrogations of all suspects by any federal law enforcement officer — a request which was strongly opposed by representatives of the FBI, the DEA, the ATF, the US Marshall’s service, and more.

Why would these upholders of the law oppose an audio or video recording of their interrogations? Well — it might not look good to a jury!

Law enforcement interrogation techniques (although completely legal) may still be unsettling for some jurors in video and audio form.

See Glen Greenwald at Salon for more. If FBI interrogation techniques of US citizens in US jails might unsettle US jurors, don’t even imagine what Guantanamo, Bagram, the USS Peleliu, interrogations were like. It will be very unsettling.