Saturday, August 19, 2017

Heather Heyer

You keep talking while I am talking.  How am I

suppose to learn?

Why do the "best and the brightest" keep 

quitting Trump after only a short stay? 

Saturday trial preparation for Monday court?

  You mean you still have to do that after 48 



Trump Says Sun Equally
to Blame for Blocking Moon

By Andy Borowitz



Tenth Circuit Strips Qualified Immunity After Sheriff’s Office Raids Home Of Tea Growers

by Darren Smith

By Darren Smith, Weekend Contributor
There are some cases where probable cause is questioned and there are a few others that leave me shaking my head in disbelief of how ridiculous some officers can be.
The Tenth Circuit Court of Appeals recently handed down a stinging rebuke of the Johnson County Sheriff's Office and its deputies some of whom, Plaintiffs claim, lied about a field test of a suspected Marijuana product, finding evidence of marijuana grow derived from purchasing tools at a gardening retailer somehow established probable cause sufficient to send in a SWAT team to execute a search warrant and detain a couple for several hours.
The leafy green vegetable matter in question was not marijuana but tea leaves.
It is a classic example of department officials promising to make a publicity garnering drug sweep and when arrests are not made, someone must be sent to jail at all costs. And as can often be the case with such maligned efforts the end result was a civil rights lawsuit in federal court.


A Picture Frozen In Time: California Man Killed In Spanish Terror Attack

by jonathanturley
1503110024263Every terrorist attack brings a myriad of tragic stories of lives cut short by extremists who believe that mowing down innocent people will please God and guarantee them a place in paradise.  I had to share this picture on one such tragedy in the death of American Jared Tucker, 42, who took this picture one hour with his wife Heidi Nunes before being murdered in the streets of Barcelona Spain.  They were celebrating their one-year anniversary. Read more of this post


Stephen Bannon Out at the White House After Turbulent Run


Mr. Bannon, President Trump's chief strategist, had clashed for months with other senior West Wing advisers and members of the president's family. 

"Staff at the US Department of Agriculture (USDA) have been told to avoid using the term 'climate change' in their work, with the officials instructed to reference 'weather extremes' instead."
-- The Guardian, 8/7/2017
The lengths to which the Trump administration will go to deny climate change and ignore its effects are really getting absurd, you know.
Have you ever heard the Shakespearean phrase "that which we call a rose by any other name would smell as sweet"? Well, that which we call "climate change" by any other name will do as much damage to our environment.
It will still cause severe storms, droughts, and wildfires. It will still harm our farmers, ranchers, and the outdoor economies of many states, including New Mexico.
Refusing to name climate change is just another attempt to deny science. But we can't be distracted -- we must continue to push for real action to reduce carbon emissions, hold polluters accountable, and work on reversing the damage we've already done.
Thanks for taking action.

You know this country is wacky when a liberal can also be a proud American.






Payback Time: “Unite The Right” Organizer Denounces Heather Heyer As “Fat, Disgusting Communist”

by jonathanturley
14xp-heather-master315An entire country mourned the death of Heather Heyer, a paralegal, who went to Charlottesville to protest the hateful march of neo-Nazis and clansmen -- only to be murdered when James A. Fields, 20, allegedly rammed his car into protesters.  Now the organizer of the racist march has sent out a tweet calling her a "fat, disgusting Communist" -- a tweet he later blamed on being drugged out of his gourd.  Jason Kessler explained that he has been doing some heavy drugs and drinking lately.

Friday, August 18, 2017

"O" beating him at his own silly game

I like to anonymously feed hungry golfers in the far little known corners of the earth.

Dr. Bruce Jessen, left, and Dr. James Mitchell, psychologists who contracted with the C.I.A.
Settlement Reached in C.I.A. Torture Case


A lawsuit against two psychologists who helped devise the C.I.A.'s brutal interrogation program was an unusual effort to demand accountability for tactics adopted after Sept. 11. 

Pronoun Prison: California Moves Toward Criminalizing The Refusal To Use The Correct Pronoun For Transgender People

by jonathanturley

California flagThe California State Senate is considering a bill that would make it a crime to  “willfully and repeatedly” refuse “to use a transgender resident’s preferred name or pronouns” in a public health, retirement or housing institution.  State Sen. Scott Wiener (D-San Francisco) has introduced  SB 219  with a variety of transgender protections but the pronoun controversy is likely to get the most attention.  Violators face a year in jail and a potential $1000 fine.


New ABA President Hilarie Bass touts lawyers' role in protecting democracy

August 15, 2017, 10:39 am CDT

Defense appeal cites discovered memo saying 'avoid blacks on this jury'

August 15, 2017, 7:00 am CDT

Investigators surrounded the body of a drug suspect early Thursday after he was shot and killed by the police in Manila.
Philippine Drug War Logs Deadliest Week Yet: 58 Killed in 3 Days


The "one-time, big-time" raids in Manila and its suburbs show the police are "not relenting" in President Rodrigo Duterte's violent, monthslong campaign. 



ABA House supports money bail system reform, ban on solitary confinement for juveniles

The ABA House of Delegates on Monday approved several criminal justice resolutions calling for changes that would affect poor and homeless people, juveniles, and those denied the right to effective counsel.

The measures include a call for bail reform, a ban on solitary confinement for juveniles, and authorization of civil actions for systemic violations of the right to counsel. The ABA Criminal Justice Section sponsored or co-sponsored all the measures.
The specific resolutions are:
• Resolution 112C urges governments to adopt policies and procedures that favor release on personal recognizance bonds or unsecured bonds, and that permit cash bonds only after a court determines that the financial condition is the only way to assure appearance. The resolution also states that pretrial detention should never occur solely because of an inability to pay, and that “bail schedules” that consider only the nature of the offense should not be used.
Policies should allow courts to order defendants to be held without bail, however, where public safety warrants pretrial detention and no conditions of pretrial release would suffice, according to the resolution.
A report to the House of Delegates says ABA Standards for Criminal Justice, adopted in 2002, already establish a presumption that arrested people should be released on personal recognizance. Despite that position, “large-scale pretrial confinement has continued unabated in this country,” the report says.
Since adoption of the ABA guidelines, risk-assessment studies have demonstrated it is possible to sort defendants into categories showing their probabilities of success on pretrial release, according to the report. New research also shows that when low- and moderate-risk people are detained in jail for more than one day, they are significantly more likely to be arrested for committing a future crime.
Those who are kept in detention before trial are also more likely to be convicted, to receive a jail or prison sentence, and to receive a longer one, according to the report. The findings aren’t surprising because detainees will likely be more prone to accept a plea deal to win release, and they will have less leverage in plea negotiations, the report says. Detainees are also unable to show a sentencing judge that they were able to comply with court-ordered release requirements.
Jaime Hawk of the Washington State Bar Association spoke in favor of the resolution. The current bail system creates a two-tier system, one for the wealthy and one for the poor, she said. “This pretrial detention is a pipeline to mass incarceration,” she said.
• Resolution 112D urges governments to bar the use of bail and bond in juvenile cases, to use objective criteria for pretrial release that doesn’t have a discriminatory impact, and to use the least restrictive conditions of release that protect public safety and assure likely appearance in court.
• Resolution 112E calls for the adoption of laws and policies that ban solitary confinement for youths who are under age 18.
The resolution says a “time-out” or temporary confinement of no more than four hours could be used when a youth’s behavior threatens immediate harm, but the confinement should end when the threat is over. The confinement should be used only when de-escalation strategies don’t work, according to the report to the House of Delegates.
Solitary confinement is widespread in state and local juvenile facilities, even though its use harms juveniles’ mental health and increases aggressive behavior, according to the report. Its use in federal facilities has been banned since 2016 based on an order by then-President Barack Obama and the U.S. Justice Department. The states of California and North Carolina have also banned solitary confinement.
• Resolution 106 urges Congress to authorize the U.S. Justice Department to sue over systemic violations of the right to effective assistance of counsel, both directly and through private litigants deputized to pursue such actions. Congress should also pass legislation recognizing the right of private litigants, individually or as class action members, to sue for such violations, the resolution says. In both types of suits, the remedy would be equitable relief.
A report to the House of Delegates cites an “ongoing crisis in indigent defense” and “continued failures by state and local governments to fully enforce the right to effective assistance of counsel.”
Courts have been reluctant to rule in suits claiming systemic deficiencies. State courts have been hesitant to find the claims justiciable, and federal courts have often cited the abstention doctrine in refusing to rule.
The measure passed despite opposition from the Judicial Division and the Judicial Division’s Appellate Judges Conference. Speaking for the division, Peter Webster said the division fully supports adequate representation for defendants, but it can’t support the civil litigation remedy. Margret Robb, speaking for the Appellate Judges Conference, said the conference does not support a private civil remedy or civil litigation by private litigants on the Justice Department’s behalf.
Both expressed concern about an onslaught of litigation clogging the courts.
Among those speaking in favor of the resolution was James Williams of the King County Bar Association. “The Sixth Amendment is not going to enforce itself,” he said.
• Resolution 112F urges adoption of laws that allow expungement of criminal records for charges or arrests that didn’t result in a conviction.
One in three American adults has a criminal record, mostly for low-level misdemeanors, according to the report to the House of Delegates. The definition of expungement varies from state to state, but the ABA resolution defines it as complete removal from public view.
When a record is removed from public view, individuals can truthfully say “no” when asked if they have been arrested, making it easier to obtain jobs and housing the report says.
• Resolution 112G calls for laws allowing the expungement of convictions or statutory violations for actions in public spaces that are associated with homelessness.


DisruptJ20: The Justice Department Demands 1.3 Million IP Addresses and Other Information On Trump Critics

by jonathanturley

YC_kStF9US-DeptOfJustice-Seal_svgBelow is my column in USA Today on a troubling warrant issued by the Justice Department to force the disclosure of visitors to an anti-Trump site.  The DisruptJ20 case raises very serious questions regarding political speech and associational rights.
Here is the column:


American Bar Association

ABA Legal Fact Check website launched to help public sort fact from fiction

Screenshot of ABA Legal Fact Check website.
On Thursday, the ABA announced the launch of a new online resource, ABA Legal Fact Check.
“In a world with multiple sources of information, it is often difficult to distinguish between fact and opinion,” said ABA President Hilarie Bass in a press release. “Through our new ABA Legal Fact Check, the American Bar Association will use case and statutory law and other legal precedents to help set the record straight by providing the real facts about the law.”
Bass has made ABA Legal Fact Check one of her first initiatives as ABA president. She assumed office at the close of the 2017 ABA Annual Meeting on Tuesday.
“The concept is simple,” Bass told the ABA House of Delegates during a Monday speech. “In an era of alternative news and fake facts, the ABA should be the definitive source of real facts when it comes to the law.”
ABA Legal Fact Check is intended to be a resource for the public, including the news media, to be informed of what the law says about the issues surrounding current events.
The first posts on the site address topics such as the the First Amendment and hate speech; a president’s authority to issue pardons; whether a federal judicial circuit could be broken up; and the constitutionality of affirmative action in college admissions.


Former President Obama's Charlottesville

tweet became the most-liked in Twitter




The secret to living longer may be your social life

16:02 minutes · TED2017
The Italian island of Sardinia has more than six times as many centenarians as the mainland and ten times as many as North America. Why? According to psychologist Susan Pinker, it's not a sunny disposition or a low-fat, gluten-free diet that keeps the islanders healthy -- it's their emphasis on close personal relationships and face-to-face interactions. Learn more about super longevity as Pinker explains what it takes to live to 100 and beyond.
Watch now »

Subscribe via email

Enter your email address:

Delivered by FeedBurner