Entries Tagged as 'Legal'

Author Vincent Bugliosi Testifies Before the House

Vincent Bugliosi is a best selling author. His latest book is “The Prosecution of George W. Bush for Murder.” His book is sitting here on my floor in my study, but I haven’t cracked it yet. Below, Bugliosi does not pull any punches. He is clear and straightforward.

I have also talked about impeachment of George W. Bush in this blog on a number of occasions. I have had Constitutional Scholar Bruce Fein on my radio show and we discussed the reasons for impeachment.

I’m still reading “The Conscience of a Liberal” currently. Now that you know what book I’m reading, call into my radio show at 828-252-4348 when I mention it tomorrow, Saturday July 26 at 9 am. If you are the first caller, you will win $75 and a copy of the book, “The Prosecution of George W. Bush for Murder.” Listen to his opening statement.

Netroots Nation: Don Siegelman

Don Siegelman, former Governor of Alabama, was interviewed by Sam Seder. If you are not familiar with Don Siegelman’s case, I have several posts (here, here and here).

Don Siegelman’s story is something that everyone would should know. If a former governor could be treated like this, then the rest of us are in serious trouble.

Don Siegelman has a new web site - www.contemptforrove.com. Please take some time and look at this site.

Logan Freed After Being Wrongly Jailed for 26 Years

alton-logan Logan Freed After Being Wrongly Jailed for 26 Years

Many of my conservative friends believe in capital punishment. They believe in their core that it is the right thing to do. In contrast, I hear stories like Alton Logan’s and I know that we are fallible, that we make mistakes. I know that good lawyers can get their guilty clients off and bad lawyers have trouble keeping their innocent clients out of jail.

So, this brings us to Mr. Alton Logan, whowas accused of shooting and killing a security guard in 1982. It is unclear from reports how Logan came to the attention of the police, but he was arrested and tried for this murder. His mother and brother were his alibis, saying that he was at home asleep in bed. His defense was that he was asleep. Heck, I know the end of this tale and even I don’t believe he was asleep. He was convicted and sentenced to life in prison. Logan always said that he didn’t do it.

Twenty-six years later, two lawyers came forward with an affidavit from the time of his trial. Their client, Andrew Wilson, told the lawyers that he committed the crime. But because these lawyers represented Wilson, they were ethically bound not to say anything. They were quiet for 26 years.

Although Bob Simon tries to beat up the lawyers for not coming forward before now, they did do the right thing.

60 Minutes - Don Seigelman part 2

I have talked about Alabama Governor Don Siegelman several times over the last month to six weeks. What is disturbing about this is case is if “they” can throw an ex-Governor in jail with almost no evidence, what chance to the rest of us have? If we get in the cross-hairs of the wrong people we are done.

Siegelman was just released from jail. He has granted 60 minutes an interview. He looks thin, tired and beaten.

 
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KBR another rape cover up

It was clear to me if there is one then there had to be others. How an American company could do something like this to an American or another human being is sickening. Another Iraq rape victim has come forward. (Information of the first rape victim is here.) The details of her rape are graphic. Her name has be concealed to protect his identity. I hope that she and any others have suffered at the hands of Kellog Brown and Root get an opportunity to sue the upper management of for enough money to move into their luxury homes and have the CEO serve as their butler for the rest of his life but then that’s not how America works is it.

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From The Nation:

In fact, a growing number of women employees working for US defense contractors in the Middle East are coming forward with complaints of violence directed at them. As the Iraq War drags on, and as stories of US security contractors who seem to operate with impunity continue to emerge (like Blackwater and its deadly attack against Iraqi civilians on September 16, 2007), a rash of new sexual assault and sexual harassment complaints are being lodged against overseas contractors–by their own employees. Todd Kelly, a lawyer in Houston, says his firm alone has fifteen clients with sexual assault, sexual harassment and retaliation complaints (for reporting assault and/or harassment) against Halliburton and its former subsidiary Kellogg, Brown & Root LLC (KBR), as well as Cayman Island-based Service Employees International Inc., a KBR shell company. (While Smith is technically an SEII employee, she is supervised by KBR staff as a KBR employee.) (more…)

Meet Debbie Shank who got sued by Wal-Mart

The Wal-Mart story getting more play since Keith Olbermann first talked about in his Worst Person in the World segment.

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From CNN.com:

Debbie Shank breaks down in tears every time she’s told that her 18-year-old son, Jeremy, was killed in Iraq.

The 52-year-old mother of three attended her son’s funeral, but she continues to ask how he’s doing. When her family reminds her that he’s dead, she weeps as if hearing the news for the first time.

Shank suffered severe brain damage after a traffic accident nearly eight years ago that robbed her of much of her short-term memory and left her in a wheelchair and living in a nursing home. (more…)

Don Siegelman out of jail

Former Alabama Governor Don Siegelman has been released from prison yesterday. The United States Court of Appeals for the 11th circuit, Atlanta, released Don Siegelman from prison on bond. (Background on Don Siegelman)

On another front, the House Judiciary Committee has asked Governor Siegelman to testify before Congress. It will be interesting to see if Attorney General Michael Mukasey will lead a Justice Department effort to block Siegelman’s testimony.

Scott Horton, from Harper’s on-line, who has been following this case has more.

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From NYT:

Former Governor Don Siegelman of Alabama, released from prison today on bond in a bribery case, said he was as convinced as ever that politics played a leading role in his prosecution.

In a telephone interview shortly after he walked out of a federal prison in Oakdale, La., Mr. Siegelman said there had been “abuse of power” in his case, and repeatedly cited the influence of Karl Rove, the former White House political director.

“His fingerprints are smeared all over the case,” Mr. Siegelman said, a day after a federal appeals court ordered him released on bond and said there were legitimate questions about his case. (more…)

Spitzer, part 3

eliot-spitzers-kristen Spitzer, part 3

Eliot Spitzer.  I don’t think that I care any more.  I’m sorry.  Somebody just fix this.  Wrap it up for me.

Here’s the outstanding questions that I have -

  • Did Eliot Spitzer use state funds to party?
  • Come on, there is no way that he spent $80,000 over a very years on babes.  Come on be serious - $80,000?
  • Will he be indicted?
  • Will his wife electrocute him in the middle of the night? If not, why not?
  • So, what will “Kristen” do next and why does America care?

Letterman’s Top Ten Spitzer reasons

David Letterman has been doing this for over 30 years. He is still funny. He has the Top Ten Spitzer Excuses. I can tell you that one of them has to do with Bill Clinton. This is funny.

On a serious note, I’m not sure that Eliot Spitzer needed or should have stepped down. Sex between adults. I’m sorry. I don’t care. The problem is that we have an elected official who had placed himself on the moral high ground. Okay, if you are going to do that, then you have to walk the walk.

 
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Spitzer steps down

I was on call last night. I had an opportunity to watch the news. There has been a media frenzy over Elliot Spitzer. New information was being served up almost continuously. Spitzer was thought to be Client #9 in federal papers. Next, we found out that he reportedly paid these high classed hookers $1500 per hour. Only a couple of hours later we found out about a weekend that he went to DC and spent some time with “Kristen”. This morning or late last night we heard that he may have spent over $80,000 over several years. Reports of carefully planned transactions designed to throw off authorities.

It is my belief that politicians need to live up their rhetoric. Elliott Spitzer was compared to Elliott Ness - one of the untouchables. He was a crusader against unethical corporate behavior. He was a bull in a China shop. He made a ton of enemies.

Today Elliott Spitzer resigned.

As the Democrats return to power around the country after 25 - 30 years of Republican domination, Democratic leaders need to be better than Republican counterparts. Better in an ethical way. I think that Elliott Spitzer was the “perfect” democratic politician. He had a strong record for being tough on crime. He took no prisoner yet believed in a progressive agenda. He was being talked about as a future Democratic Presidential candidate in the next 4 - 8 years. All of that is now gone. Completely gone. I’m extremely saddened by Mr. Spitzer’s behavior. I guess the old adage is true if it looks too good to be true it probably is.

2 University stories

I’m sorry but the death of a student body president, Eve Carson, at University of North Carolina isn’t some random gang shooting. What happened? There were no signs of a sexual assault. If it was a simple robbery then why kill her? She was shot in the head at least once. Now, this was Wednesday morning. This was a pre-med student who was out after 1:30 am. This isn’t adding up. Why would she leave her apartment that late? This is plenty weird.

The other story is the other university shooting. Lauren Berke was an 18 year old freshman at Auburn who was found fatally shot on a highway. Her car was found on campus in flames 20 minutes later. This has all of the signs of a distraught or deranged boyfriend. Burning the car I would think would be an attempt to destroy the evidence. Maybe the killer doesn’t watch CSI. I just thought that these 2 stories coming out at about the same time was odd.

100% conviction rate

guantanamo_action 100% conviction rateI think that whoever is the Democratic nominee for President will need to have the smartest team of political advisers ever assembled. The Republican political machine will not go into the sweet night quietly. They have far too much to lose. Let’s think about this - in the next 4 - 8 years, there are going to be at least 3 and maybe 5 Supreme Court judges who will retire. With a Democratic lead House and Senate and a Democratic White House, could Donald Rumsfeld and Alberto Gonzales be hauled before a court and found guilty of crimes against humanity? Could a former President and Vice President have to sit trial for outing a CIA agent? Would companies that have raped the American people, by pocketing millions and millions of dollars by being contractors in Iraq, have to re-pay moneys that were stolen or poorly accounted for? Did you see that a defense contractor has placed a $3 billion bid for Diebold.

I’m just asking because we have been holding Khalid Shaikh Mohammed for at least 5 years. Now, just before the 2008 election, there is going to be a trial. I wouldn’t be surprised if other things pop up to galvanize the base and distract from the Presidential race.

The Nation has a great article on this trail. Former chief prosecutor Col. Morris Davis says that the trials are rigged. Who’s surprised? After Lieutenant Commander Charles Swift (I thought that I posted his story but I haven’t. I’ll do that tomorrow.) resigned after he was passed over for promotion, he told his story of a rigged process.

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From The Nation:

Secret evidence. Denial of habeas corpus. Evidence obtained by waterboarding. Indefinite detention. The litany of complaints about the treatment of prisoners at Guantánamo Bay is long, disturbing and by now familiar. Nonetheless, a new wave of shock and criticism greeted the Pentagon’s announcement on February 11 that it was charging six Guantánamo detainees, including alleged 9/11 mastermind Khalid Shaikh Mohammed, with war crimes–and seeking the death penalty for all of them.

Now, as the murky, quasi-legal staging of the Bush Administration’s military commissions unfolds, a key official has told The Nation that the trials have been rigged from the start. According to Col. Morris Davis, former chief prosecutor for Guantánamo’s military commissions, the process has been manipulated by Administration appointees to foreclose the possibility of acquittal. (more…)

 
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The Errington Thompson Show 3-1-08

Great show.  I review several of the lies or untruths that have been circulating about Barack Obama.  Then I talk with Scott Horton who writes for Harper’s Magazine’s No Comment blog and guest lectures at Columbia University.  He is a human rights lawyer.  Scott has been writing about the Don Siegelman story for quite a while.    Enjoy.

 
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Don Siegelman’s story

I think that 60 minutes did a good job telling this part of the Don Siegelman’s story.

Here’s my question for you, if they can do this to an ex-governor what chance do you and I have?

 
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Don Siegelman story

I have heard just whiffs of this story. Tom Hartman had talked about the story a couple of months ago. I had seen a little something the Huffington Post.

Tonight, 60 minutes took up this case. They really didn’t deal with the election but instead they focused on the prosecution of Don Siegelman. But Siegelman’s story really starts before he gets jailed. It starts with Siegelman’s re-election. Julie Sigwart of Take Back the Media gets an exclusive interview with Siegelman before all hell breaks loose. Currently, Siegelman is not allowed to talk speak with the press which is why 60 minutes couldn’t interview him. This is the order of the court.

Update: Read more about Siegelman’s case on No Comment. It has also been reported that parts of tonight’s 60 minutes broadcast were blacked out in Alabama. (BTW, I’m just wondering if Cindy McCain is still very proud of living in America now? I’m just askin’ because there are times when this country, my country depresses me, like now.)

 
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19th DUI

This isn’t funny.  Drunk driving is never funny.  This is my world.  As a trauma surgeon, I see the effects, the bad effects of drinking and driving everyday.  Half of the injuries that I see are related to drugs or alcohol.  I’m positive that this guy has hurt someone.  He has hurt them either physically or emotionally and/or financially.  Not only does this guy need to be locked up, they need to throw away the key.

 
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Worst persons

Sweet trio tonight. Any time you can get a presidential candidate, John McCain, and a supreme court justice, Scalia, in the world’s worst persons in the world, that’s a good day’s work.

Marion Jones - How the mighty have fallen

msnbc photoMarion Jones, the Olympic sprinter, was on the top of the world. She was in American Express and Gatorade commercials. She was cashing in on her fame and her good looks. All of that has changed in the last several months. Her endorsements dried up as allegations of steroid usage began to grow louder and louder. Recently she was found to have taken a banned substance and was stripped of her 5 gold medals. She has just plead guilty to lying to investigators on a check fraud scheme. She has been sentenced to 6 months in jail. How terribly sad.

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From WaPo:

Former Olympic champion Marion Jones was sentenced by a federal judge to six months in prison yesterday for lying to investigators about her use of steroids and involvement in a check-fraud scheme, completing one of the most spectacular falls from grace of any athlete in any sport.

Jones, who won five medals at the 2000 Summer Games and was heralded as the world’s greatest female athlete, received the maximum sentence recommended by prosecutors from U.S. District Judge Kenneth Karas, who said he wanted to send a message to athletes who abuse performance-enhancing drugs. (more…)

Countdown - Bushed

John Ashcroft - When the top federal prosecutor in New Jersey needed to find an outside lawyer to monitor a large corporation willing to settle criminal charges out of court last fall, he turned to former Attorney General John Ashcroft, his onetime boss. With no public notice and no bidding, the company awarded Mr. Ashcroft an 18-month contract worth $28 million to $52 million. [NYT]

CIA torture tapes - The former official, Jose Rodriguez Jr., has also told the House intelligence committee through a letter from his attorney that he will refuse to testify next week about the tapes unless he is granted immunity from prosecution for his statements, the sources said.  [WaPo]  This move reminds some of Oliver North and Iran-Contra.

Wiretaps shut down - Telecommunications carriers shut down some covert surveillance lines established by the FBI because the bureau failed to make timely bill payments, a Justice Department review found Thursday. [USA Today]

 
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SCOTUS hears death penalty case

I object to the death penalty on a number of fronts. First, is it being applied fairly? If not then we have a system problem. Secondly, do high profile cases get different treatment? For example, if someone is accused of killing a highly respected businessman are they more or less likely to get the needle? Thirdly, does the race of the assailant matter? What about the race of the victim? Finally, how often are we wrong? How often have to put an innocent man or woman to death? If the answer is never then the system works well. If the answer is sometimes but we don’t know the number then that’s a problem.

I know that all of these questions are related to fairness. Anyway, the supreme court heard arguments about whether lethal injection is cruel and unusual punishment earlier this week. Even if the cocktail is painful, the pain only lasts a couple of minutes at most. Hell, getting stuck with a needle is painful. I think that the Supreme Court is missing the point. If we are going to be in the business of executing those that “deserve” execution then we need people skilled in field of executions. There should be trained personnel that aren’t doctors or nurses but something else. They should be the ones that decide what drugs to use. They should be the ones who start the IV and administer the drugs. They should have a couple of a couple of years of training after college.

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From NYT:

With conservative justices questioning their motives and liberal justices questioning their evidence, opponents of the American manner of capital punishment made little headway Monday in their effort to persuade the Supreme Court that the Constitution requires states to change the way they carry out executions by lethal injection.

Donald B. Verrilli Jr., the lawyer for two inmates on Kentucky’s death row who are facing execution by the commonly used three-chemical protocol, conceded that theoretically his clients would have no case if the first drug, a barbiturate used for anesthesia, could be guaranteed to work perfectly by inducing deep unconsciousness.  (more…)

 
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