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Posts Tagged ‘UNITED STATES SUPREME COURT’

THE RIGHT DEVOURS ITS OWN CHILDREN

In Bureaucracy, History, Law, Politics, Social commentary on January 14, 2016 at 12:12 am

“All revolutions,” said Ernst Rohem, leader of Adolf Hitler’s brown-shirted thugs, the S.A., “devour their own children.”

Ernst Rohem

Fittingly, he said this as he sat inside a prison cell awaiting his own execution.

On June 30, 1934, Hitler had ordered a massive purge of his private army, the S.A., or Stormtroopers. The purge was carried out by Hitler’s elite army-within-an-army, the Schutzstaffel, or Protective Squads, better known as the SS.

The S.A. Brownshirts had been instrumental in securing Hitler’s rise to Chancellor of Germany on January 30, 1933.  They had intimidated political opponents and organized mass rallies for the Nazi Party.

But after Hitler reached the pinnacle of power, they became a liability.

Ernst Rohem, their commander, urged Hitler to disband the regular German army, the Reichswehr, and replace it with his own legions as the nation’s defense force.

Frightened by Rohem’s ambitions, the generals of the Reichswehr gave Hitler an ultimatum: Get rid of Rohem–or they would get rid of him.

So Rohem died in a hail of SS bullets–as did several hundred of his longtime S.A. cronies.

SS firing squad

At least one member of the Republican Party is now learning that an apparently useful weapon can become a liability.

Ever since Barack Obama became a Presidential candidate in 2008, Republicans have accused him of being ineligible to hold office.

Without a political scandal (such as Bill Clinton’s affair with Monica Lewinsky) to fasten on, the Republican Party opted for slander: Obama had been born in Kenya–and thus was not an American citizen.

From this there could be only one conclusion: That he would be an illegitimate President, and should be removed from office if elected.

And this smear campaign continued after he won the election. Right-wingers like real estate billionaire Donald Trump insisted that Obama had been born in Kenya, not Honolulu.  

During his first two years in office, Obama tried to ignore the charge.

But polls repeatedly showed that large segments of the country believed it. Finally, even Obama’s closest advisers warned him: You must address this and put it to rest.

So, on April 27, 2011, the President released the long-form of his Hawaii birth certificate.

The long-form version of President Obama’s birth certificate

For the vast majority of Americans, this settled the issue. In 2012, they re-elected Obama to a second, four-year term.

Nevertheless, for many Right-wingers, even the release of Obama’s long-form birth certificate meant nothing.  

Joseph Arpaio, the Right-wing sheriff of Maricopa County, Arizona, claimed that his “investigators” were certain that Obama’s birth certificate was fraudulent.

Responding to Arpaio’s claims, Joshua A. Wisch, a special assistant to Hawaii’s attorney general, said: “President Obama was born in Honolulu, and his birth certificate is valid. Regarding the latest allegations from a sheriff in Arizona, they are untrue, misinformed and misconstrue Hawaii law.”

Fast forward to 2015.

Donald Trump, who had threatened to run for President in 2012, announced his candidacy on June 16. Since then, he has been the front-runner for Republican voters.

But then Texas’ United States Senator Rafael “Ted” Cruz entered the race. As radical and ruthless as Trump, he quickly became the billionaire’s most dangerous competitor.

Ted Cruz, official portrait, 113th Congress.jpg

Rafael “Ted” Cruz

What to do?

Then Trump–or someone in his campaign–had an inspiration. Why not use against Cruz the same “he’s-not-an-American” charge that had been used against Obama?

Cruz, born outside the United States, was not really a natural-born American citizen–and was thus ineligible to be President.

Cruz was born in Calgary, Alberta, Canada, to an American mother and a Cuban father.

The U.S. Constitution states specifically that “No person except a natural born Citizen …shall be eligible to the Office of President.”

Cruz has argued that because his mother was an American, he became an American citizen at birth.

But courts have never ruled on the issue of what constitutes a “natural-born” citizen.

At first, the issue seemed confined to Republican politicians and those likely to vote for them. But then others outside the Right began investigating it.

Mary McManamon, a constitutional law professor at Widener University’s Delaware Law School, concluded in an Open Editorial for The Washington Post:

“Sen. Ted Cruz (R-Tex.) is not a natural-born citizen and therefore is not eligible to be president or vice president of the United States.”

Cruz got an even bigger slap in the face from Laurence Tribe, the celebrated professor of Constitutional law at Harvard University. He has argued before the United States Supreme Court 36 times.

Writing in The Boston Globe, Tribe stated:

“…The kind of judge Cruz says he admires and would appoint to the Supreme Court is an ‘originalist,’ one who claims to be bound by the narrowly historical meaning of the Constitution’s terms at the time of their adoption.

“To his kind of judge, Cruz ironically wouldn’t be eligible, because the legal principles that prevailed in the 1780s and ’90s required that someone actually be born on US soil to be a “natural born” citizen.”  [Italics added.]

So long as Cruz stays in the race, Trump will continue to use the “birther” charge against him. And it will continue to dog him, as it did Obama.

Thus, the evil that politicians do lives after them.

POLYGRAPH BY COPIER

In History, Law Enforcement, Self-Help on March 20, 2015 at 2:43 pm

Ever heard of “polygraph by copier”? If you haven’t, here’s how it works:

A detective loads three sheets of paper into a Xerox machine.

“Truth” has been typed onto the first sheet.

“Truth” has been typed onto the seond sheet.

“Lie” has been typed onto the third sheet. Then a criminal suspect is led into the room and told to put his hand against the side of the machine. “What is your name?” asks the detective.

The suspect gives it.

The detective hits the copy button, and a page comes out: “Truth.”

“Where do you live?” asks the detective.

The suspect gives an address, the detective again hits the copy button, and a second page appears: “Truth.”

Then comes the bonus question: “Did you or did you not kill Big Jim Tate on the evening of….?”

The suspect answers.

The detective presses the copy button one last time, and the sheet appears: “Lie.”

“Well, well, well, you lying little bastard,” says the detective.

Convinced that the police have found some mysterious way to peer into the darkest recesses of his criminality, the suspect “gives it up” and makes a full confession.

Yes, contrary to what many believe, police can legally use deceit to obtain a confession.

In 1973, the Supreme Court ruled, in United States v. Russell: “Nor will the mere fact of deceit defeat a prosecution, for there are circumstances when the use of deceit is the only practicable law enforcement technique available.”

In that case, the Court narrowly upheld a conviction for methamphetamine production even though the defendant had argued entrapment.

So what types of interrogative deceit might a police officer use to develop admissible evidence of a suspect’s guilt?

The general rule is that deception can be used so long as it’s not likely to cause an innocent person to commit a crime or confess to a crime that s/he didn’t commit.

Click here: The Lawful Use of Deception – Article – POLICE Magazine

Consider the following examples:

  • A detective is interviewing a suspect in a rape case.  “Oh, that girl,” he says, thus implying that the victim was a slut and had it coming.  The suspect, thinking he’s dealing with a sympathetic listener, starts bragging about his latest conquest–only to learn, too late, that his listener isn’t so simpatico after all.
  • “We found your prints on the gun”–or on any number of other surfaces.  Actually, there are few good places on a pistol to leave prints.  And those that are left can be smeared.  The same goes for other surfaces.  But if a suspect can be led to believe the cops have his prints, a confession is often forthcoming.
  • A police officer is interrogating a suspect in a murder case.  “He came at you, didn’t he?” asks the cop.  The suspect, who murdered the victim in cold blood, thinks he has an escape route.  “Yeah, he came at me”–this confirming that, yes, he did kill the deceased.
  • “Your partner just gave you up” is a favorite police strategen when there is more than one suspect involved.  If one suspect can be made to “flip”–turn–against the other, the case is essentially wrapped up.
  • Interrogating a bank robbery suspect, a cop might say: “We know you didn’t do the shooting, that you were only the wheelman.”  This implies that the penalty for driving the getaway car is far less than that for killing someone during a robbery.  In fact, criminal law allows every member of the conspiracy to be charged as a principal.
  • “I don’t give a damn what you did,” says the detective.  “Just tell me why you did it.”  For some suspects, this offers a cathartic release, a chance to justify their guilt.
  • The “good cop/bad cop” routine is known to everyone who has ever seen a police drama.  Yet it continues to yield results so often it continues to be routinely used.  “Look, I believe you,” says the “good” cop, “but my partner’s a real asshole.  Just tell me what happened so we can clear this up and you can go.”
  • “So,” says the detective, “why do you think the police believe you did it?”  “I have no idea,” says the suspect, confident that he isn’t giving up anything that might come back to haunt him.  “Well,” says the cop, “I guess you’ll just have to make something up.”  Make something up sounds easy, but is actually a trap.  The suspect may end up giving away details that could incriminate him–or lying so brazenly that his lies can be used against him.

So is there a best way for a suspect to deal with an invitation to waive his Mirandaright to remain silent?

Yes, there is.

It’s to refuse to say anything and to ask for permission to call a lawyer.

That’s the preferred method for Mafia hitmen–and accused police officers. Any cop who finds himself under investigation by his department’s Internal Affairs unit automatically shuts up–and calls his lawyer.

Any other response–no matter how well-intentioned–may well result in a lengthy prison sentence.

IN THE NAME OF SAINT MICHAEL THE THUG

In Bureaucracy, History, Law, Law Enforcement, Social commentary on December 1, 2014 at 12:00 am

A grand jury declined to indict a white police officer, Darren Wilson, for the killing of Michael Brown, a black teenager.

And blacks in Ferguson, Missouri, erupted in looting and arson–with demonstrations breaking out in cities across the country.

These events have dominated news coverage–especially on TV–since November 24.

But there has been much that the media has not dared to mention.

Most importantly: From the beginning, a double standard has reigned in this case:

CHARGE: Shortly after the killing of Michael Brown, police released a video showing him robbing a grocery store and manhandling the its owner.

Click here: SURVEILLANCE VIDEO: Police say Michael Brown was suspect in Ferguson store robbery – YouTube

TRUTH:  Blacks were outraged–not because they believed it wasn’t Michael on the videotape, but because it showed their anointed hero as a robbing thug.

Michael Brown (left) roughing up a store owner

CHARGE: Following the shooting of Brown on August 9th, police deployed massive force to prevent rioting. Ferguson’s blacks charged that it was militarized overkill.

TRUTH: When the grand jury released its findings on November 24, Ferguson blacks started looting and burning stores.

Then blacks raged that the police should have had a massive presence to keep their brethren in line.  No one has conceded that originally deploying large numbers of anti-riot police had been a good idea after all.

CHARGE: Many Ferguson blacks complained that the grand jury was taking too long (three months) interviewing scores of witnesses before reaching its verdict.

TRUTH: When the verdict was released, Ferguson blacks said the grand jurors should have examined less evidence, so they wouldn’t have been confused by conflicting statements.

CHARGE: Ferguson blacks generally and the Brown family in particular have repeatedly called Michael Brown “a child.”

TRUTH: Michael Brown was 18–legally an adult who could obtain a credit card, enter the armed forces and drive a car.  He also stood 6’3″ and weighed 300 pounds.

CHARGE: The Brown family has claimed that Michael didn’t have a criminal record as an adult.

TRUTH:  But he may have had a juvenile one.

The citizen journalism website GotNews has filed a lawsuit against St. Louis authorities seeking the release of Brown’s juvenile record.  The suit alleges that Brown was a gang member and faced a second-degree murder charge.

If true, it would explain why he was determined to avoid arrest–it would have meant his being tried as an adult.

Click here: Lawsuit seeking release of Michael Brown’s juvenile records claims slain teen was a murder suspect – AOL.com

CHARGE: Michael’s mother, Lesley Mcspadden, has appeared on a series of news and interview programs, including “Today” and the prestigeous PBS “Charlie Rose Show.” As the parent of a dead son, she has been treated with great deference, even when making such charges as “My son was running for his life.”

TRUTH:  But what has not come up in any of these interviews is this: She herself could face felony armed robbery charges.  She has been accused of attacking people in a Ferguson parking lot for selling “Justice for Mike Brown” T-shirts.  Among the victims: Her former mother-in-law.

Click here: Michael Brown’s mom may face robbery charges: report – NY Daily News

CHARGE: Michael Brown’s stepfather, Louis Head, is a victim of his emotions of rage and grief.  At least, that’s the official line of Benjamin Crump, an attorney for the Brown family:

“God forbid your child was killed …and then they get that just devastating announcement in the manner it was announced, and somebody put a camera in your face. What would be your immediate reaction?”

TRUTH: On the night of November 24, Louis Head urged his fellow residents of Ferguson to “burn this bitch down!”  By “bitch” he meant Ferguson itself.

Standing atop a platform in the midst of several hundred frenzied protesters, he screamed at least 10 times: “Burn this motherfucker down!” and “Burn this bitch down!”

Head may well find himself the target of criminal prosecution and civil lawsuits.

Missouri Lieutenant Governor Peter Kinder has called for Head’s arrest for inciting to riot.

And those whose stores were burned and/or looted could file civil lawsuits against Head as being liable for their losses.

A legal precedent for such lawsuits emerged 24 years ago, and still remains viable.

On November 13, 1988 in Portland, Oregon, three white supremacist members of East Side White Pride and White Aryan Resistance (WAR) beat to death Mulugeta Seraw, an Ethiopian man who came to the United States to attend college.

Morris Dees and the Southern Poverty Law Center filed a civil suit (Berhanu v. Metzger) against Tom Metzger, founder of WAR.  They argued that WAR influenced Seraw’s killers by encouraging their group, East Side White Pride, to commit violence.

Tom and John Metzger were found civilly liable under the doctrine of vicarious liability, in which one can be liable for a tort committed by a subordinate or by another person who is taking instructions.

In October 1990, the jury returned a verdict—$12.5 million—against Metzger and WAR. The Metzgers’ house was seized, and most of WAR’s profits go to paying off the judgment.

Thus, a law applied to whites who agitate violence can be applied to blacks who do the same.

SHOUTING “FIRE!” WITH INTENT TO CAUSE IT

In History, Law, Law Enforcement, Social commentary on November 27, 2014 at 1:04 am

“The most stringent protection of free speech would not protect a man in falsely shouting fire in a theatre and causing a panic.”

So wrote United States Supreme Court Justice Oliver Wendell Holmes in the 1919 case, Schenk vs. the United States.

On the night of November 24, Louis Head urged his fellow residents of Ferguson, Missouri, to “Burn this bitch down!”

By “bitch” he meant Ferguson itself.

Louis Head yells “Burn this bitch down!” and soon Ferguson erupts in flames.

The reason: A grand jury had just refused to indict Darren Wilson, the Ferguson police officer who had shot Head’s thuggish stepson, Michael Brown, last August.

Brown had just strong-armed a grocery store for some cigarillos before running into Wilson.

Wearing a white shirt emblazoned with “I AM MIKE BROWN” in black lettering, Head stood atop a platform in the midst of several hundred frenzied protesters.

“Burn this motherfucker down!” and “Burn this bitch down!” he screamed at least 10 times.

At one point he yelled for a microphone so he could reach an even larger audience.

Click here: “Burn this bitch down” – Michael Brown stepfather caught making those comments last night » The Right Scoop –

But Benjamin Crump–an attorney for the Brown family–offered a ready excuse for Head’s incitement to arson.

After saying that Head’s remarks were “raw emotion” and “completely inappropriate,” Crump sought to excuse such criminal behavior:

“God forbid your child was killed …and then they get that just devastating announcement in the manner it was announced, and somebody put a camera in your face,” he said. “What would be your immediate reaction?”

For most people, their “immediate reaction” would not be to incite others to arson.

During the previous week, Michael Brown Sr., father of the slain thug, had recorded a public service announcement: “Destroying property is not the answer.”

So what would Justice Holmes think about Louis Head urging his fellow citizens to “burn this bitch down”?

No doubt Holmes would vote to lock him up.

Holmes did, in fact, cast just such a vote in one of the most famous cases in Supreme Court history: Schenk vs. the United States.

After America entered World War I in 1917, Congress passed the Espionage Act. The law said that, during wartime, obstructing the draft and inciting soldiers to disloyalty or disobedience were crimes.

Charles Schenck, opposing the war, mailed thousands of anti-war pamphlets to men who had been drafted into the armed forces.

The government charged Schenck with violating the Espionage Act.

Schenck’s attorney argued that the Espionage Act was unconstitutional. He said that it violated the First Amendment: “Congress shall make no law…abridging the freedom of speech.”

After Sehenk was convicted, his case was appealed to the Supreme Court–which unanimously upheld his conviction.

Holmes–who wrote the decision–said that it did not violate his First Amendment right to free speech.

Oliver Wendell Holmes

“In many places and in ordinary times,” wrote Holmes, Schenck would have had a right to say everything that he said in his pamphlets.

But Holmes added that how far a person’s freedom of speech extends depends on the circumstances.

It’s hard imagining Holmes extending a person’s freedom of speech to include inciting others to arson–and potential murder.

While making his incitements, Head wore a shirt, on whose back was emblazoned: “I AM MIKE BROWN.”

According to The Smoking Gun website:

“Head is an ex-convict whose rap sheet includes two felony narcotics convictions, according to state records.

“He pleaded guilty in 1997 to a marijuana distribution charge and was put in a shock incarceration program and placed on probation for five years. After violating probation, Head’s release was revoked and he was remanded to state prison.

“In mid-2003, Head was charged with narcotics trafficking, a felony count to which he later pleaded guilty. The St. Louis native was sentenced to seven years in prison. He was released in June 2008 after serving about five years in custody.”

Click here: Michael Brown’s Stepfather Urged Protesters To “Burn This Bitch Down” After Grand Jury Announcement | The Smoking

Just before Michael Brown was shot by Darren Wilson, he had stolen a box of cigarellos from a local liquor store.  As he walks out the door, he can be seen on video arrogantly pushing aside the store owner.

In the immediate aftermath of Louis Head’s remarks:

  • At least 29 people were arrested and a dozen buildings damaged or destroyed.
  • At least six businesses were set on fire.
  • Looting was reported at multiple locations.
  • Gunfire was reported throughout the night.
  • At times, the bullets were so thick that firefighters were forced to evacuate the scenes of burning buildings.
  • Owing to gunfire aimed at the sky, the Federal Aviation Administration diverted at least 10 flights from St. Louis.

It will be interesting to see if the St. Louis District Attorney’s Office has the courage to hold Louis Head accountable for inciting the arson, rioting and looting that ravaged Ferguson.

POLYGRAPH BY COPIER

In Bureaucracy, History, Law, Law Enforcement, Social commentary on October 22, 2014 at 12:01 am

Ever heard of “polygraph by copier”?

If you haven’t, here’s how it works:

A detective loads three sheets of paper into a Xerox machine.

“Truth” has been typed onto the first sheet.

“Truth” has been typed onto the seond sheet.

“Lie” has been typed onto the third sheet.

Then a criminal suspect is led into the room and told to put his hand against the side of the machine.

“What is your name?” asks the detective.

The suspect gives it.

The detective hits the copy button, and a page comes out: “Truth.”

“Where do you live?” asks the detective.

The suspect gives an address, the detective again hits the copy button, and a second page appears: “Truth.”

Then comes the bonus question: “Did you or did you not kill Big Jim Tate on the evening of….?”

The suspect answers.  The detective presses the copy button one last time, and the sheet appears: “Lie.”

“Well, well, well, you lying little bastard,” says the detective.

Convinced that the police have found some mysterious way to peer into the darkest recesses of his criminality, the suspect “gives it up” and makes a full confession.

Yes, contrary to what many believe, police can legally use deceit to obtain a confession.

In 1973, the Supreme Court ruled, in United States v. Russell: “Nor will the mere fact of deceit defeat a prosecution, for there are circumstances when the use of deceit is the only practicable law enforcement technique available.”

In that case, the Court narrowly upheld a conviction for methamphetamine production even though the defendant had argued entrapment.

So what types of interrogative deceit might a police officer use to develop admissible evidence of a suspect’s guilt?

The general rule is that deception can be used so long as it’s not likely to cause an innocent person to commit a crime or confess to a crime that s/he didn’t commit.

Click here: The Lawful Use of Deception – Article – POLICE Magazine

Consider the following examples:

  • A detective is interviewing a suspect in a rape case.  “Oh, that girl,” he says, thus implying that the victim was a slut and had it coming.  The suspect, thinking he’s dealing with a sympathetic listener, starts bragging about his latest conquest–only to learn, too late, that his listener isn’t so simpatico after all.
  • “We found your prints on the gun”–or on any number of other surfaces.  Actually, there are few good places on a pistol to leave prints.  And those that are left can be smeared.  The same goes for other surfaces.  But if a suspect can be led to believe the cops have his prints, a confession is often forthcoming.
  • A police officer is interrogating a suspect in a murder case.  “He came at you, didn’t he?” asks the cop.  The suspect, who murdered the victim in cold blood, thinks he has an escape route.  “Yeah, he came at me”–this confirming that, yes, he did kill the deceased.
  • “Your partner just gave you up” is a favorite police strategen when there is more than one suspect involved.  If one suspect can be made to “flip”–turn–against the other, the case is essentially wrapped up.
  • Interrogating a bank robbery suspect, a cop might say: “We know you didn’t do the shooting, that you were only the wheelman.”  This implies that the penalty for driving the getaway car is far less than that for killing someone during a robbery.  In fact, criminal law allows every member of the conspiracy to be charged as a principal.
  • “I don’t give a damn what you did,” says the detective.  “Just tell me why you did it.”  For some suspects, this offers a cathartic release, a chance to justify their guilt.
  • The “good cop/bad cop” routine is known to everyone who has ever seen a police drama.  Yet it continues to yield results so often it continues to be routinely used.  “Look, I believe you,” says the “good” cop, “but my partner’s a real asshole.  Just tell me what happened so we can clear this up and you can go.”
  • “So,” says the detective, “why do you think the police believe you did it?”  “I have no idea,” says the suspect, confident that he isn’t giving up anything that might come back to haunt him.  “Well,” says the cop, “I guess you’ll just have to make something up.”  Make something up sounds easy, but is actually a trap.  The suspect may end up giving away details that could incriminate him–or lying so brazenly that his lies can be used against him.

So is there a best way for a suspect to deal with an invitation to waive his Miranda right to remain silent?

Yes, there is.  It’s to refuse to say anything and to ask for permission to call a lawyer.

That’s the preferred method for Mafia hitmen–and accused police officers.

Any cop who finds himself under investigation by his department’s Internal Affairs unit automatically shuts up–and calls his lawyer.

Any other response–no matter how well-intentioned–may well result in a lengthy prison sentence.