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Posted by Amy Miller on August 15, 2014 12 Comments
The news is full of stories and interviews detailing the failure of the Obama Administration to enforce immigration law, the cost to taxpayers because of this failure, and what this means for the state of electoral politics in the run up to November. None of these stories, however, address the human element of what Texans are dealing with every single day. Women like Doctor Corrine Stern, who serves as a medical examiner in Webb County, Texas, sees every day the brutal consequences of an Administration who refuses to enforce the law. Bloomberg News has published a searing exposé of what it truly means to cede power to lawlessness. Doctor Stern's jurisdiction covers the vast border lands surrounding Laredo, where she spends at least 25% of her office's resources in the examination and identification of the abandoned dead:
Her struggle to put names to the bodies offers a glimpse into how intractable the border crisis is as it strains the services of South Texas’s counties. Stern, who estimates that the task takes up 25 percent of her office’s resources, is dealing with migrants from at least six countries, confronting bureaucratic and linguistic hurdles all along the way. She has conducted at least 400 autopsies of immigrants since becoming Webb’s medical examiner in 2006. On any given day, Stern plays the role of forensic expert, homicide detective or even diplomat, asking the governments of Mexico, El Salvador, Guatemala and other nations for help in naming the dead and getting their remains home.
Journalists and pundits tend to focus on the costs of apprehending, housing, evaluating, and deporting illegal immigrants, but the real story--and a good portion of the real scandal--lies in how much time and effort American doctors and other officials spend in either repatriating or laying to rest the bodies of those who die during ill-fated border crossings.

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Posted by William A. Jacobson on August 14, 2014 44 Comments
Judicial Watch has sued over missing IRS emails in the federal district court in D.C., pursuant to its FOIA request for such documents. The IRS was ordered to provide explanations as to missing emails, particularly Lois Lerner. The IRS provided explanations, but those were not good enough for the Judge, who launched his own inquiry into the matter, as Judicial Watch explained in a statement posted on its website:
Judicial Watch President Tom Fitton made the following statement in response to today’s order from Judge Emmet G. Sullivan regarding the recently “lost” emails of Lois Lerner and other IRS officials, which were the subject of longstanding Judicial Watch Freedom of Information Act (FOIA) requests and lawsuit (Judicial Watch v. IRS (No. 1:13-cv-1559)):
In an extraordinary step, U. S. District Court Judge Emmett Sullivan has launched an independent inquiry into the issue of the missing emails associated with former IRS official Lois Lerner. Previously, Judge Sullivan ordered the IRS to produce sworn declarations about the IRS email issue by August 11. Today’s order confirms Judicial Watch’s read of this week’s IRS’ filings that treated as a joke Judge Sullivan’s order.
Judge Sullivan, in his earlier ruling, appointed Magistrate Judge John M. Facciola to manage and assist in discussions between Judicial Watch and the IRS about how to obtain any missing records from other sources. Magistrate Facciola is an expert in e-discovery, and authorized Judicial Watch to submit a request for limited discovery into the missing IRS records after September 10.
Here is the Judge's Order (emphasis added, hard paragraph breaks inserted for ease of reading):

Posted by William A. Jacobson on August 14, 2014 13 Comments
In recent weeks, we have covered dozens of instances of violence and harassment reflecting a simmering convergence of anti-Zionism and anti-Semitism worldwide, but particularly in Europe. In Paris, the situation is particularly dire: Cnaan Lipshiz writing in The Times of Israel, adds context that in Paris, the violence simply has become routine, a part of the background, Coming face to face with anti-Semites in Paris:
My friend Alain Azria gave me a puzzled look when I told him, with some indignation and disbelief in my voice, that I had just heard talk of killing Jews at an unauthorized anti-Israel demonstration last month in Paris A young black man with a Parisian accent told a dozen friends loudly, but without shouting, “OK, guys. Let’s go hunt some Jews.”

Posted by Bruce Carroll on August 14, 2014 13 Comments
In what has become a nearly daily occurrence, President Obama summoned the media to discuss the situation in Iraq (and Ferguson, Missouri) from his vacation spot in Martha's Vineyard. The President seemed to take a victory lap on United States' efforts to stabilize the Yazidi refugee crisis in Northern Iraq.
President Obama announced Thursday that U.S.-led airstrikes have broken the siege by Islamic militants against religious minorities who were trapped on a mountain in northern Iraq -- but made clear the U.S. mission in the region is not over yet. The president, in brief remarks from Martha's Vineyard where his family is on vacation, said he expects the specific operation at Mount Sinjar to wind down. He said military planners will be leaving in the coming days, aid drops will stop and a U.S.-led evacuation is likely no longer needed. "The situation on the mountain has greatly improved," Obama said. "We broke the ISIL siege of Mount Sinjar. We helped vulnerable people reach safety." But Obama said U.S. involvement will not come to an end, as militants with the Islamic State -- also known as ISIS, or ISIL -- continue to brutalize the civilian population in the region, especially minorities like Iraqi Christians and Yazidis. Obama said "we will continue airstrikes" where necessary to protect American personnel and facilities in Iraq.

LEGAL INSURRECTION QUICK TAKES

Illinois Teacher Union Boss Gets Substantial Pay Raise Despite Low State Reading Scores

Faculty Senate at Northwestern Calls for Restrictions on ICE Access to Campus

Oregon State Instructor Reports Student for Arguing There are Only Two Sexes

University of San Francisco Ditching Mascot Over Student Complaints

Maine School Administrator Objects to Dogs in the Classroom, Citing Muslim Views

UT-San Antonio Student Apologizes for Gleefully Mocking Assassination of Charlie Kirk

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Posted by Kemberlee Kaye on August 14, 2014 96 Comments
What a nightmare Ferguson has become. Five days after the fatal shooting of unarmed teen, Michael Brown, and there's still no consensus as to what actually happened. If you're just jumping into this story, check out previous posts here and here.

Dorin Johnson's Attorney

Yesterday I mentioned that the St. Louis Police who are handling the Ferguson cluster, have not yet interviewed Dorin Johnson, who claims he was with Michael Brown when Brown was gunned down by law enforcement Saturday. Johnson appeared on MSNBC in an interview with Chris Hayes, accompanied by his lawyer, Freeman Bosley, Jr. Bosley is an interesting character himself. The former St. Louis mayer seems to have a checkered past, with "ethics violations" being a reoccurring theme. Last year, Bosley sent fundraising letters soliciting donations to cover his daughter's college tuition. The St. Louis Post-Dispatch reported, "Bosley said his daughter worked hard to finish in the top two percent of her graduating class at St. Elizabeth Academy. He said she deserves to go to a private school." When the odd fundraising request was brought to light, Bosley vowed to return any donations received. Earlier this year, the board governing Missouri lawyers moved to suspend Bosley's law license for two years. The list is a pretty great read. Misuse of client funds and malpractice make appearances more than once.

St. Louis Police Department Hacked by Anonymous 

Originally, the St. Louis Police Department planned to release the name of the law enforcement officer who shot and killed Brown. As violence escalated, SLPD opted not to release the identity of the officer in order to protect him. So Anonymous, the infamous hacking conglom got involved and called for a "Day of Rage," because that's helpful. According to CNN, Anonymous has the name of the officer, but CNN refused to announce the officer's name on air.

Should The Public be Privy to the Officer's Name?

Kevin Williamson at National Review has an interesting take on this question:

Posted by David Gerstman on August 14, 2014 3 Comments
Yesterday the Washington Institute for Near East published Six Ways Hamas Hamas Could Limit Civilian Casualties in Gaza by Jeffrey White. All of White's suggestions involve separating the combatants from civilians, but as White acknowledges, "... there is little chance the group will implement any of these measures." And why would Hamas change? Human shields have been an effective strategy protecting its fighters. White concludes:
As long as the world sees Israel as the primary mechanism of civilian casualties, and as long as many Gaza civilians continue to be more concerned with "resistance" than their lives, Hamas has no reason to change its way of war.
Though White doesn't write it explicitly, the media has a responsibility to tell the whole story and not just the one that Hamas tells or allows them to. Oren Kessler says this explicitly in Reporters Have Finally Found Hamas. What Took So Long? that was published in The New Republic.
Let me be clear: I admire the bravery required of war correspondents, and I recognize the onerous conditions under which they work. I see no conspiracy behind the inability of many of them to adequately cover Hamas. Instead, I see a collective failure by much of the world’s press to give an accurate rendering of one party to the Gaza fighting, and to lay bare—whether explicitly or more subtly—the restrictions it enforces upon them in so doing.
Take for example, As war with Israel shatters lives, more Gazans question Hamas decisions that appeared in The Washington Post. While there is important information in the report - that Hamas has been alienating the civilian population of Gaza - the report always reminds readers that Gazans resent Israel more. For example:

Posted by William A. Jacobson on August 14, 2014 27 Comments
There are more apparent rifts between Israel and the U.S. administration, this time over an interruption of Hellfire missiles at the request of the White House and State Department. Normal channels apparently were followed, but the administration reportedly has its nose out of joint because the U.S. has been sidelined as Israel and Egypt work together, and Israeli press leaks painted the Obama administration as hopelessly naive and incompetent. The alleged confrontation has become a hot political issue in Israel, where tension with the U.S. always works against a politician. The Wall Street Journal reports:
White House and State Department officials who were leading U.S. efforts to rein in Israel's military campaign in the Gaza Strip were caught off guard last month when they learned that the Israeli military had been quietly securing supplies of ammunition from the Pentagon without their approval. Since then the Obama administration has tightened its control on arms transfers to Israel. But Israeli and U.S. officials say that the adroit bureaucratic maneuvering made it plain how little influence the White House and State Department have with the government of Israeli Prime Minister Benjamin Netanyahu —and that both sides know it.... Then the officials learned that, in addition to asking for tank shells and other munitions, Israel had submitted a request through military-to-military channels for a large number of Hellfire missiles, according to Israeli and American officials.

Posted by Amy Miller on August 14, 2014 18 Comments
Opponents of Wisconsin's voter ID laws won a small victory yesterday when U.S. District Judge Lynn Adelman denied the state of Wisconsin's request for a stay of his decision forbidding the enforcement of voter ID laws. Judge Adelman rejected the petition because he felt that the state was unlikely to overturn on appeal his original ruling blocking the requirements from going into effect. Wisconsin's voter ID laws are currently under fire in both state and federal courts. Last month, the Wisconsin Supreme Court upheld the laws as constitutional, but this did not convince the District Court to set aside its original ruling. Wisconsin Attorney General J.B. Van Hollen, however, is optimistic about his chances on appeal. He has already filed a petition with the U.S. Seventh Circuit asking the Court to allow Wisconsin's voter ID provisions to go into effect for the November 2014 elections.

Posted by A.F. Branco on August 14, 2014 3 Comments

Note: You may reprint this cartoon provided you link back to this source.  To see more Legal Insurrection Branco cartoons, click here. Branco’s page is Cartoonist A.F.Branco...

Posted by William A. Jacobson on August 13, 2014 19 Comments
We have been covering extensively the issue of denial of due process to male students on campus accused of sex-related infractions and/or crimes. One of the cases we reported on regarded campus "conviction" of a male athlete at Columbia, where the female accuser took several months to complaint, and there were contemporaneous electronic communications reflecting that the conduct may have been consensual. See, Suspended Columbia athlete files federal lawsuit over campus sexual assault conviction. The same attorneys alerted me to a new lawsuit filed on behalf of a student at the University of Massachusetts - Amherst. The Complaint reads like so many of the others -- allegations of consensual sex for which there were later regrets coupled with a university witch hunt to convict the male student almost in disregard of the evidence and without proper procedural protections. The Boston Globe summarizes the Complaint:
The recent lawsuit against UMass Amherst contends that the male student, a Connecticut native and a sophomore at the time, met the female student, identified in the suit as Jane Doe, at a party in a friend’s dorm room. During a night of drinking, playing card games, and dancing with friends, the two students became friendly and flirted, and she later invited him to her room to have sex, the lawsuit said. They had consensual sex, and the female student at no point showed signs of intoxication, according to the suit. The next day, the female student could not remember what had happened, according to the lawsuit. At her roommate’s urging, the female student went to the campus health center for an evaluation. The following day, she filed a complaint with the dean of students’ office.

Posted by Kemberlee Kaye on August 13, 2014 155 Comments
The situation in Ferguson, Missouri has gone from bad to worse following the fatal shooting of an unarmed black teen Saturday afternoon. Protests and riots persist, cops dressed in full riot gear are working to curb the violence, community leaders are encouraging peaceful protests, and there's still no clear picture of what actually transpired Saturday when Michael Brown was shot and killed. There appear to be conflicting reports from law enforcement and supposed eye witnesses regarding what actually happened. Law enforcement claim Brown assaulted the cop that took his life. Dorin Johnson who claims he was with Brown at the time he was shot has a very different story. Johnson says he and Brown were minding their own business when a cop rolled up, told them to get on the sidewalk, then proceeded to assault Brown and eventually kill him. Johnson's story seems to corroborate with another supposed eye witness, Piaget Crenshaw. Even more curious is that Johnson claims he, by way of his attorney, has reached out to local law enforcement to provide his account of the story, and Ferguson police are refusing to interview him. Chris Hayes interviewed Johnson and has a great summation of the various accounts:

Posted by William A. Jacobson on August 13, 2014 4 Comments
The current 72-hour Gaza truce expires at 5 p.m. Eastern today. There are completely mixed signals being reported as to whether there is progress on a longer-term ceasefire, and if not, whether Hamas will attack again when the current truce expires. We will update as events clarify, and you can follow at the live video and Twitter feeds at the bottom of the post.

Posted by Amy Miller on August 13, 2014 27 Comments
What happens in Courtroom 478, located within the bowels of City Hall in Philadelphia, Pennsylvania, is the stuff of dystopian nightmares. Using a legal device called "civil forfeiture," government prosecutors confiscate property under the guise of "cracking down on crime." In a nutshell, civil forfeiture is a legal device that prosecutors use to confiscate property associated (however tenuously) with a crime under the fiction that the property itself is guilty of a crime. Even if the property owners themselves are never accused or convicted of a crime, or have no knowledge of a crime, they're required to attend a series of hearings to prove their innocence. If the property owners lose, the government gets to keep the property---and the profits. From the Institute for Justice's "End Forfeiture" site:
Philadelphia’s automated, machine-like forfeiture scheme is unprecedented in size. From 2002 to 2012, Philadelphia took in over $64 million in forfeiture funds—or almost $6 million per year. In 2011 alone, the city’s prosecutors filed 6,560 forfeiture petitions to take cash, cars, homes and other property. The Philadelphia District Attorney’s office used over $25 million of that $64 million to pay salaries, including the salaries of the very prosecutors who brought the forfeiture actions. This is almost twice as much as what all other Pennsylvania counties spent on salaries combined.
This is why the Institute for Justice is helping families in Philadelphia file a class action lawsuit against the city on behalf of all Philadelphians whose property is currently threatened by civil forfeiture. IJ is challenging several aspects of Philadelphia's civil forfeiture law, including:
  • "Seize and seal" without notice,
  • The requirement that citizens to give up the right to challenge the forfeiture if they want to "unseal" their home,
  • Lack of prompt post-seizure hearings,
  • Policy allowing prosecutors and police to use all of the cash and property seized to pad their budgets, and
  • Lack of judicial oversight
IJ put together a great video explaining the ins and outs of fighting a civil forfeiture claim, and I highly recommend watching it:
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