Category Archives: legal news

Go for the override, Congress, of 9/11 lawsuit veto

obama-veto

It’s rare, indeed, these days to see liberal Democrats and conservative Republicans agree on much of anything.

However, we have bipartisan agreement on a veto by President Obama on a bill that would have allowed victims of the 9/11 attacks to sue Saudi Arabia.

The president said “no” to the bill. Congress is vowing to override the veto.

I believe members of Congress are right about this one.

http://www.msn.com/en-us/news/politics/lawmakers-vow-to-override-obamas-veto-of-sept-11-bill/ar-BBwzrJK?li=BBnb7Kz

According to the Associated Press: “This is a disappointing decision that will be swiftly and soundly overturned in Congress,” said Sen. Chuck Schumer, D-N.Y., who sponsored the bill. “If the Saudis did nothing wrong, they should not fear this legislation. If they were culpable in 9/11, they should be held accountable.”

There’s your comment from a liberal Democrat. Then there’s this, from a leading Republican, again from the AP: Sen. John Cornyn, R-Texas, another of the bill’s sponsor, criticized Obama for failing to listen to the families of the victims and said he looked forward to the opportunity for Congress to override the veto.

Proponents of the bill say it is tailored narrowly and that it allows plaintiffs to sue only on matters relating to acts of terror. The president said it might cause other governments to take action against U.S. personnel stationed abroad and warned of consequences if the Saudis are actually sued.

I like Schumer’s rationale for overriding the veto.

The Saudis have said they had nothing to do with the terrorists — many of whom were Saudi citizens — who flew those jetliners into the World Trade Center and the Pentagon.

Fine … let them deny it.

As Schumer has said, if they are not complicit, then they shouldn’t worry.

The 9/11 attacks will cause pain and misery for as long as Americans are alive who remember that day. Many thousands of them suffered incalculable loss at the hands of deranged terrorist monsters.

If another government — a supposed ally of the United States — at the very least looked the other way, then it should have to pay for the unspeakable grief it allowed to occur.

Stop and frisk: let’s hold on

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Donald J. Trump wants American police officers to institute the “stop-and-frisk” policies that a judge has ruled to be unconstitutional.

That doesn’t matter to the Republican presidential nominee.

He’s the “law and order candidate” for president … he says.

We’ve entered another difficult time. Police shot an unarmed man to death in Tulsa, Okla. Charlotte, N.C., residents are protesting tonight in the wake of another fatal incident involving police officers. And yes, the shooting victims were black; the officers are white.

We’re on edge once again.

Trump’s response is to double down on that “stop-and-frisk” idea.

A judge in New York said the practice appears to discriminate against Americans based on the color of their skin. U.S. Attorney General Loretta Lynch weighed in, contending that the practice wasn’t an effective law enforcement tool.

http://www.politico.com/blogs/under-the-radar/2016/09/loretta-lynch-trump-stop-and-frisk-228533

Yes, some communities are experiencing terrible spikes in violent crime. GOP partisans not surprisingly are blaming Democratic municipal administrations for incompetence and for adhering to policies that create such an environment.

C’mon, folks. Let’s be rational and reasonable.

As Politico reports: “Lynch, who spent two stints as chief federal prosecutor in Brooklyn before being nominated as attorney general, said she wasn’t opposed to stop-and-frisk techniques under certain circumstances.

“‘As with every police procedure we want to empower law enforcement to be responsive to community needs. We want to empower them to protect the community. We want to give them the training they need in order to do it in a way that is constitutional, safe and effective and promotes trust,’ Lynch said. ‘It’s not really a yes or no answer.'”

The concern about stop and frisk is its widespread use. Trump, as is his tendency, wants to bring the policy to bear across the board.

I’m going to stick with the AG’s more reasonable and rational approach.

How many more instances of Trump ignorance are there?

2d-amendment

This graphic showed up on my Facebook news feed, so I thought I’d share it here … and offer a quick comment.

The item here illustrates a fundamental failure of the Republican Party nominee for president of the United States, Donald J. Trump.

He has said at various times that Democratic nominee Hillary Rodham Clinton wants to abolish the Second Amendment to the U.S. Constitution. What that blanket comment made on the campaign stump reveals is the candidate’s utter ignorance of the power invested in the presidency.

The president cannot abolish a constitutional amendment.

Congress has to have a say. So do the states. As the graphic illustrates, it takes a super-majority in both cases for an amendment to be added — or rescinded.

None of that stops Trump from fomenting fear.

The man has no clue about the limits of presidential power.

Judge Garland’s future hangs in election balance

FILE - In this May 1, 2008, file photo, Judge Merrick B. Garland is seen at the federal courthouse in Washington. President Obama is expected to nominate Federal Appeals Court Judge Merrick Garland to the Supreme Court. (AP Photo/Charles Dharapak, File)

Merrick Garland isn’t allowed to campaign actively for partisan political candidates.

You see, he must follow certain judicial canons that prohibit him from such activity.

I’m betting he’s chomping at the bit nonetheless.

Garland is the federal judge who has been nominated for a seat on the U.S. Supreme Court. President Obama made the nomination, only to run straight into a Republican roadblock erected by Senate Majority Leader Mitch McConnell who said the president shouldn’t get to fill the ninth seat on the court; that task should belong to the next president.

McConnell made that demand believing the next president would be a Republican. Then the GOP nominated Donald J. Trump. My gut tells me now that McConnell isn’t too keen on Trump, who I believe is going to lose the presidential election to Democratic nominee Hillary Rodham Clinton.

That eventuality puts Garland back in the driver’s seat.

If Clinton wins, then McConnell well might feel the necessity to proceed with Judiciary Committee hearings and then a floor vote on Garland’s nomination during a lame-duck congressional session.

If Hillary Clinton is the next president, then it’s almost certain that she will nominate someone who is more to the left than the centrist Garland, who Obama chose because of his superb judicial temperament — and the fact that the Senate approved him overwhelmingly to a seat on the D.C. District Court in 1997.

There’s another calculation McConnell needs to make: Clinton’s victory well could swing the Senate’s balance of power back to the Democrats. And that makes it even more critical for the Republicans — who would run the Senate until the new folks take office in January — to at least exert some measure of control over the proceeding.

Yes, this election is important. Don’t you think?

Flash, GOP: Hillary didn’t commit any crimes

FILE-In this Jan. 24, 2014 file photo, Republican National Committee chairman Reince Priebus is seen at the RNC winter meeting in Washington. Having fallen short twice recently, Ohio is making a big push to land the 2016 Republican National Convention with three cities bidding as finalists, eager to reassert its Midwestern political clout to a party that may be slowly moving away from it. In interviews, RNC chairman Reince Priebus and members of the selection committee including chairwoman Enid Mickelsen downplayed swing state status as a top factor in their decision, emphasizing that having at least $55 million in private fundraising, as well as hotel space and creating a good "delegate experience" were more important. (AP Photo/Susan Walsh, File)

Republican National Committee Chairman Reince Priebus said it again this morning.

Hillary Rodham Clinton committed crimes while she was secretary of state, he told Chuck Todd on “Meet the Press.” The Democratic Party’s presidential nominee, he said, is a criminal over her use of a personal e-mail server. He said Clinton sent “highly classified” material out on that server, implying I guess that the material could have fallen into enemy hands.

I expressed long ago some concern over the use of the personal server. Secretaries of state or anyone charged with handling top-secret material need to ensure it’s distributed along highly encrypted channels.

Now, did she commit a crime?

Let’s see. The FBI investigated this matter thoroughly. The agency is run by a Republican, a guy named James Comey, who is as thorough an investigator as they come. He’s also a former federal prosecutor. The man knows the law.

Comey completed his probe and delivered a scathing rebuke of what Clinton did, how she handled the material through the personal server. Comey didn’t like what he found — and he said so! He described Clinton’s use of the personal server as “reckless.”

Then he also said that Clinton didn’t commit an offense for which she could be prosecuted.

End … of … story.

But wait!

Comey also gave the Republican Party a bottomless supply of ammo to fire at Clinton. He’s given the GOP plenty of grounds — or pretexts, if you will — to keep harping about the e-mail issue.

The GOP chairman this morning continued his party’s political attack.

Hillary Clinton, though, is not a criminal.

Texas capital punishment law needs reform

law of parties

Jeffrey Wood has become a poster boy … of a sort.

No, he won’t be showing up on a beefcake calendar. His name, though, could become part of an effort to provide significant improvements to Texas’s laws governing capital punishment.

This week, the Texas Court of Criminal Appeals halted Wood’s scheduled execution for a crime he didn’t commit. It sent the case back to a lower court to determine whether he was tried properly.

Beyond that, Wood’s case has brought to light a dubious provision in a state law that allows juries to convict someone of a capital crime — even if they don’t commit the actual act.

In 1996, Wood was sitting in a truck in Kerrville while his friend, Philip Reneau, was inside a convenience store committing a robbery. Reneau demanded the store clerk turn over the safe; when the clerk refused, Reneau shot him to death.

Meanwhile, Wood’s presence in the truck made him — under state law — culpable for the capital crime. They call it the “law of parties,” and it creates a form of criminal equality among those who commit these dastardly crimes.

The state executed Reneau in 2002. Wood’s turn was coming up. State Rep. Jeff Leach, R-Plano — a staunch supporter of capital punishment — has asked Gov. Greg Abbott and the Texas Pardons and Parole Board to commute Wood’s sentence. He doesn’t think the death penalty in this case is right and just.

There ought to be a more permanent and comprehensive solution to this matter. The Texas Legislature ought to rewrite the law to separate the person who commits the crime from an individual who accompanies the individual.

The state argued at trial that Wood knew Reneau would kill the individual if he didn’t obtain the money. That knowledge made him equally responsible for the capital crime, prosecutors said.

http://www.dallasnews.com/opinion/latest-columns/20160819-let-s-exact-justice-and-commute-jeff-wood-s-death-penalty-sentence.ece

In my quest for a perfect world, I would prefer that Texas not even have a death penalty statute. I know, though, that a majority of Texans support capital punishment. Indeed, the state has become the all-time champeen among all the states in executing those convicted of capital crimes.

If we’re going to continue killing criminals, though, the very least we can do is focus more sharply on those who actually commit the crimes.

Jeffrey Wood did not kill that store clerk. Philip Reneau did. Reneau paid the price as authorized under Texas law. Wood does not deserve to pay the same price.

Gov. Abbott should commute Wood’s sentence and spare his life.

Meanwhile, the governor — who’s also a former trial judge — ought to invite the Legislature to improve what looks to me to be a serious flaw in the state’s criminal penal code.

Get rid of the law of parties.

Court shows rare compassion, halts execution

Jeff-Wood-Death-Row_jpg_800x1000_q100

Jeff Wood isn’t going to die in the Texas execution chamber — at least not yet — thanks to a ruling from the state’s highest criminal appellate court.

The Texas Court of Criminal Appeals — which I guess you can call the Killin’ Court — has sent the case of Jeff Wood back to a lower court.

Wood was scheduled to die because he was in a pickup truck while his friend actually killed someone while committing a robbery. But under Texas law and a provision called the “law of parties,” Wood was deemed as guilty as the shooter for the capital crime.

https://www.texastribune.org/2016/08/19/execution-halted-jeff-wood-who-never-killed-anyone/

It amazes me that the CCA would halt the execution. This is the same body of jurists that at times has shown a remarkable lack of compassion for capital criminals. Sure, the criminals are bad guys and there are those who contend they don’t deserve anything from the state.

A trial jury sentenced Wood to death for the murder that was actually committed by Daniel Reneau, who was executed in 2002, just six years after committing the crime.

Wood’s role in the crime and the sentence he received has drawn national attention. Wood also drew support from an unlikely source, a conservative Republican lawmaker — state Rep. Jeff Leach of Plano — who intervened on Wood’s behalf while asking his sentence is commuted to life in prison.

The law of parties is an unreasonable provision in Texas law that needs to be removed.

That’s a fight for another day in another venue — which would be the Texas Legislature.

As for Wood, he’s been given a chance to defend himself once again. It fascinates me in the extreme that it would be the Texas Court of Criminal Appeals that has exhibited a healthy dose of fairness.

https://highplainsblogger.com/2016/08/law-of-parties-may-kill-the-wrong-man/

 

Feds nix private prisons … good!

prisons

I have long disliked the idea of privatizing the prison system.

Whether it’s state prisons or throughout the federal system, the notion of turning the incarceration of convicted criminals over to for-profit business simply strikes me as wrong.

The U.S. Justice Department has decided to end its relationship with private prison companies … to which I offer a hearty cheer.

http://www.msn.com/en-us/news/us/justice-department-says-it-will-end-use-of-private-prisons/ar-BBvMrqX?ocid-ansmsnnews11

“They simply do not provide the same level of correctional services, programs, and resources; they do not save substantially on costs; and as noted in a recent report by the Department’s Office of Inspector General, they do not maintain the same level of safety and security,” Deputy Attorney General Sally Yates wrote.

I am not going to challenge any of that here.

I simply want to say — as I’ve noted before over many years in journalism — that my opposition to private prisons rests mainly as a matter of principle.

We ask our police departments to protect us from criminals; we pay officers’ salaries with our tax money. We ask the state and county district attorneys to prosecute suspects; we pay them for that, too. We then demand justice in our courts; and we pay judges’ salaries as well.

Then, when criminal defendants are convicted, we are able to farm out their incarceration to private businesses? The way I see it — and I’m open to discussion on this — the state has an obligation to finish the job that public entities began back when the suspect is arrested and charged with committing a crime.

That job ought to include keeping these individuals locked up. It also ought to include full public scrutiny of the job they are doing — on our behalf.

Texas hands over a fair amount of its incarceration responsibilities to private firms. I don’t expect the state to follow the feds’ lead in getting rid of private prisons.

However, I always can hope.

‘Law of parties’ may kill the wrong man

LeachWood_jpg_800x1000_q100

It’s called the “law of parties.”

The law means that in Texas someone who’s involved in any way with a capital crime — a murder — can be put to death if convicted even if he or she didn’t actually commit the crime.

I probably had heard of it, but I’d forgotten about it.

Jeff Wood is scheduled to die for a crime he technically never committed. He shouldn’t have to pay the ultimate price for his role in a 1996 murder. The actual gunman has been executed already.

Wood, though, has an most unlikely ally in the Texas Legislature. State Rep. Jeff Leach, a Plano Republican, has come to Wood’s defense, arguing that Gov. Greg Abbott should commute Wood’s death sentence to life in prison.

What’s interesting to me is that Leach is considered one of the Legislature’s more conservative members. He said he still believes in capital punishment, just not in this case.

https://www.texastribune.org/2016/08/17/state-rep-leach-speaks-out-against-jeff-wood-execu/

I’m with Leach on this one.

Wood was driving a pickup in Kerrville when his friend, Daniel Reneau, went inside a gas station to steal a safe. The clerk inside would comply with Renau’s demands, so Reneau shot him to death.

He was convicted of capital murder and was put to death in 2002.

Now it’s Wood’s turn.

Prosecutors at the time of trial argued that Wood knew that Reneau would kill someone while committing the robbery, which made him culpable — under state law — to murder in accordance with the “law of parties” provision.

According to the Texas Tribune. Leach “believes in the death penalty under the law of parties in cases where the accomplice was clearly involved in the murder. But when he came across Wood’s case during his work for the House Criminal Jurisprudence Committee, it didn’t seem right.”

Wood surely should never have been in the vehicle while his friend was committing the terrible crime. He made a patently egregious decision. Should he pay for it, though, with his life?

I say “no.” He didn’t commit the actual crime of capital murder.

Rep. Leach is asking the Texas Board of Pardons and Paroles to recommend a commutation. Gov. Abbott has the option of accepting or denying the recommendation.

I hope the governor can reach the same determination that one of his Republican colleagues has reached.

Stop the gay love-incest connection

incest

Here it comes, folks.

Those who oppose same-sex marriage are beginning to lick their chops over the story of a New Mexico mother and son who’ve entered into a love affair.

Monica Mares is 36; her son Caleb Peterson is 19. She gave her son up for adoption when he was a baby. Now they’ve reconnected, only the love they express for each other is, um, a different kind of love.

It’s not a mother-son love. It’s of the extremely intimate variety.

The law calls it incest. It’s also illegal under New Mexico statutes.

http://q13fox.com/2016/08/09/mother-and-son-in-love-face-jail-time-for-incestuous-relationship/

There’s actually a new name for it now: genetic sexual attraction. Mom and son, though, both face potential prison time if they’re convicted of incest, given that her son is now an adult and is supposedly capable of making his own decisions.

Well, folks, Caleb Peterson has made a really bad one here. So has his mother.

Is there any symmetry between what’s happening in Clovis, N.M., with this “odd couple” and what happens all over the world when people of the same gender are attracted to each other?

Not one bit.

The only possible link would be if a father had a sexual relationship with his son, or a mother with her daughter.

Just as love is love — as the mantra goes in the LGBT community — then incest is incest.

The first relationship is legal under the law. The other one is not.