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Padilla verses John Yoo

The case against John Yoo, the Bush Administration Justice Department attorney who crafted the “torture memos”, was thrown out of the ninth Circuit Court. In my opinion, this deserves more discussion.

From Balkinization:

The Ninth Circuit today reversed the district court’s ruling in Padilla v. Yoo, ordering that former “enemy combatant” Jose Padilla’s civil damages suit against John Yoo be dismissed on qualified immunity grounds. The dismissal represents the latest refusal of a federal court to provide a remedy for abuses committed during the war on terrorism. (more…)

By |2012-05-08T00:38:50-04:00May 4th, 2012|Legal, Torture|2 Comments

Citizens United and the Supremes are making it rain up in here!

The Supreme Court, in their infinite wisdom, decided that Citizens United was okay. Money is speech. Speech is money. Corporations are people, so… you get the idea. It should be no surprise to you that our campaigns are awash in secret money (moolah, cash, dough, greenbacks…)

From WaPo:

More than a third of the advertising tied to the presidential race has been funded by nonprofit groups that will never have to reveal their donors, suggesting that a significant portion of the 2012 elections will be wrapped in a vast cloak of secrecy.

The bulk of the secret money spent so far has come from conservative groups seeking to propel a Republican into the White House, advertising data shows. Millions of dollars in additional spending from both sides has poured into legislative races, such as the Senate contest in Massachusetts, that could help determine which party controls Congress in 2013.

The flow of funds is part of a wave of spending by outside groups that has quickly come to dominate the 2012 presidential contest, particularly by so-called “super PACs” that have few limits on their activities.

But unlike super PACs, politically minded nonprofit groups are under no obligation to disclose the corporations, unions or wealthy tycoons bankrolling their advertising, much of which is almost indistinguishable from regular political ads run by campaigns. (more…)

By |2012-02-07T06:08:29-04:00February 7th, 2012|Elections, Supreme court|Comments Off on Citizens United and the Supremes are making it rain up in here!

Say it ain’t so – Is the birther movement dead?

The judge in Georgia, who was wasting his time listening to this bogus case, decided that he has had enough.

From Outside the Beltway:

The birther movement suffered yet another totally predictable setback yesterday when a Georgia Administrative Law Judge ruled that President Obama was eligible to be President under the Constitution and would appear on Georgia’s ballot:

President Barack Obama’s name will remain on the Georgia primary ballot after a state law judge flatly rejected legal challenges that contend he can not be a candidate.

In a 10-page order, Judge Michael Malihi dismissed one challenge that contended Obama has a computer-generated Hawaiian birth certificate, a fraudulent Social Security number and invalid U.S. identification papers. He also turned back another that claimed the president is ineligible to be a candidate because his father was not a U.S. citizen at the time of Obama’s birth.

The findings by Malihi, a judge for the State Office of Administrative Hearings, go to Secretary of State Brian Kemp, who will make the final determination. Last month, at a hearing boycotted by Obama’s lawyer, Malihi considered complaints brought by members of the so-called “birther” movement.

With regard to the challenge that Obama does not have legitimate birth and identification papers, Malihi said he found the evidence “unsatisfactory” and “insufficient to support plaintiffs’ allegations.”

A number of the witnesses who testified about the alleged fraud were never qualified as experts in birth records, forged documents and document manipulation and “none … provided persuasive testimony,” Malihi wrote.

Addressing the other claim that contends Obama cannot be a candidate because his father was never a U.S. citizen, Malihi said he was persuaded by a 2009 ruling by the Indiana Court of Appeals decision that struck down a similar challenge. In that ruling, the Indiana court found that children born within the U.S. are natural-born citizens, regardless of the citizenry of their parents.

Obama “became a citizen at birth and is a natural-born citizen,” Malihi wrote. Accordingly, Obama is eligible as a candidate for the upcoming presidential primary in March, the judge said.

By |2012-02-06T23:20:57-04:00February 6th, 2012|Obama administration|2 Comments
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