War on Terror

Jodi Arias

* A bipartisan immigration reform bill made its way through the Senate Judiciary Committee and will head to the Senate floor. Of course, the amendments in support of gay marriage didn’t make it in, but that may be moot soon anyway. [CNN]

* IRS official Lois Lerner may not be very “good at math,” but at least she seems to know the basic principles of constitutional law. She’ll invoke her Fifth Amendment rights before the House Oversight Committee today. [Politico]

* The D.C. Circuit ruled that the top secret Osama bin Laden death photos will remain top secret, but the internet’s desperate cries of “pics or it didn’t happen” will live on in our hearts. [Thomson Reuters News & Insight]

* Attention naysayers: it may be time to face the music. According to the latest Altman Weil survey, most law firm leaders think all of these fun recession-driven changes are here to stay. [Am Law Daily]

* Twenty-two law firms are banding together to fight against fraudulent financial products on a worldwide scale. It’s too bad this legal alliance didn’t exist before the Bernie Madoff scandal. [New York Times]

* It looks like New Jersey may soon be hopping aboard the “pro bono work before bar admission” train. You better hope you get your clinic placements in order, people. [New Jersey Law Journal (sub. req.)]

* The results for the February 2013 bar exam in California are out, and they’re frightening. It’s time to try that acting thing again, because only 41 percent of all test takers passed the exam. [The Recorder]

* Jodi Arias is now begging jurors to allow her to live out the rest of her days in prison. She wants to contribute to society by painting, recycling, and… not slashing additional throats. Lovely. [Fox News]

Earlier this week, President Barack Obama reiterated his interest in shutting down the prison at Guantanamo Bay: “I’ve asked my team to review everything that’s currently being done in Guantanamo, everything that we can do administratively, and I’m going to reengage with Congress to try to make the case that this is not in the best interests of the American people.”

President Obama isn’t alone in being troubled by goings-on at Guantanamo. This morning I attended an interesting panel discussion where a retired admiral, the former Judge Advocate General of the Navy, spoke out in favor of closing Gitmo….

double red triangle arrows Continue reading “Is It Time To Close Guantanamo Bay?”

So they finally read Dzhokhar Tsarnaev his rights. Good thing we have that public safety exception to the Constitution. Who can be bothered to hold fast to our most sacred rights and liberties when there might be something bad happening! Obviously, once he was read his rights Tsarnaev immediately stopped talking and the government was unable to protect us from… oh wait, that didn’t happen. Tsarnaev kept talking (or nodding, as it were), even after informed of the basic rights guaranteed to him as a U.S. citizen.

But he did communicate that he couldn’t afford a lawyer. Luckily for him, the magistrate judge who read him his rights at his hospital bedside came with federal public defender in tow.

Let’s meet the people who will do this distasteful work so the rest of us can crucify the guy while being confident he’ll get a fair trial…

double red triangle arrows Continue reading “The Lawyers Representing Dzhokhar Tsarnaev”


It’s a classic story: you run a major produce company and you look at your books and realize, “Oops, I’ve accidentally funneled millions of dollars to terrorist groups.” And then those groups commit some of the “terrorist acts” that form their wheelhouse and their victims and their families look to your company for recompense.

I mean, that would be bananas. B-A-N-A-N-A-S.

What can you do?

According to an Ohio appellate court, you can’t ask your insurance carrier to bail you out….

double red triangle arrows Continue reading “Produce Giant Told ‘You Can’t Accidentally Hire a Terrorist’”

* “Given health care, I don’t care if he speaks in tongues.” Chief Justice John Roberts botched Barack Obama’s presidential oath at his first inauguration, but this time he managed to get it right. [New York Times]

* What was more important to Justice Sonia Sotomayor than swearing in Joe Biden as VP at noon on Sunday? Signing books at Barnes & Noble in New York City. Not-so wise Latina. [Los Angeles Times]

* D.C. Biglaw firms — like Holland & Knight, Covington, K&L Gates, and Jones Day — allowed others to bask in their prestige at their swanky inauguration parties. [Capital Business / Washington Post]

* It’s been 40 years since SCOTUS made its ruling in Roe v. Wade, and this is what we’ve got to show for it: a deep moral divide over women being able to do what they want with their own bodies. [Huffington Post]

* The latest weapon in the fight against terrorism is the legal system. The Second Circuit recently issued a major blow to those seeking to finance militant attacks in secret. [Thomson Reuters News & Insight]

* “Firms don’t just hire a body anymore.” The 2012 BLS jobs data is in, and if you thought employment in the legal sector was going to magically bounce back to pre-recession levels, you were delusional. [Am Law Daily]

* Three months have come and gone since Hurricane Sandy rocked law firm life as we know it in Manhattan, but firms like Fragomen and Gordon & Rees are still stuck in temporary offices. [New York Law Journal]

* This seems like it may be too good to be true, but it looks like New York’s chief judge may be on board to grant law students bar eligibility after the completion of only two years of law school. [National Law Journal]

* Law professors may soon be in for a nasty surprise when it comes to their salaries if their schools follow Vermont Law’s lead and remove them as salaried employees, paying only on a part-time basis. [Valley News]

* Resorting to a life of crime to pay off your law school debt is never a good thing — unless you’re doing it while wearing a Bucky Badger hat. We’ll have more on these allegations later. [Wisconsin State Journal]

Happy Thanksgiving from the TSA.

I wish I could tell you that Americans fought the good fight, and the TSA let us be. I wish I could tell you that — but holiday travel is no fairy-tale world. We never said who did it, but we all knew. Things went on like that for awhile — travel consists of routine, and then more routine. Every so often, Americans would show up with fresh bruises. The TSA kept at us — sometimes we were able to fight ‘em off, sometimes not. And that’s how it went for American travelers — that was our routine.

Today is the biggest travel day of the year, and for another Thanksgiving, Americans will be doing it under the watchful eye of the Orwellian Transportation Security And Molestation Administration. The $8 billion dollar organization is alive, well, and entrenched. And nobody can accuse the freshly reelected Democratic president of doing anything to protect our civil liberties against the TSA. Nor has the supposedly liberty-loving Tea Party made aggressive groping at airports a major issue.

But for the most part, the country seems resigned to the TSA’s continued existence. Ooh, now kids under 12 don’t have to take off their shoes. Progress! We don’t sue them, we don’t legislate against them, we just kind of take it and hope that they decide to take their hands off our junk out of the kindness of their hearts.

We’ve got a couple of stories that, in their own way, highlight how cowed we’ve become….

double red triangle arrows Continue reading “Has The TSA Won?”

Is peeing on somebody’s dead body a war crime? What about peeing on their grave? What about an important monument? As I’ve spoken about before, one of my life’s goals is to pee in every river that was important to the Confederacy. If I relieve myself in the Chickamauga, can a true son of the Cumberland bring me up in front of a war crimes tribunal?

The video of those American Marines urinating on dead Afghan bodies is so disturbing that it somehow demands a legal response. Mitt Romney might never want to “apologize” for America, but maybe that’s just because he’s used to being able to metaphorically urinate on those hoping some of his wealth trickles down.

And yet — 1Ls, say it with me — “most of international law does not exist.” Aside from whatever punishment the United States Marine Corps wants to impose on these guys, there isn’t a whole lot the international community can do to punish them.

Unless we want to call urinating on somebody a “war crime.” But is punishing some jackasses worth diluting the term?

double red triangle arrows Continue reading “Is Peeing On Somebody A War Crime?”

When you stop smoking, the cigarettes don’t get together to figure out how to kill you anyway.

Benjamin Wittes, on a panel at the National Lawyers Convention of the Federalist Society, responding to the observation that smoking and traffic accidents cause more deaths in a year than 9/11.

(Julian Sanchez discusses what the web is for, after the jump.)

double red triangle arrows Continue reading “Quote of the Day: Dangerous Addictions”

Anwar al-Awlaki

Ed. note: In honor of Columbus Day (and Canadian Thanksgiving), we’ll be on a reduced publication schedule today. We’ll be back in full force tomorrow.

* If you are curious about that legal memo justifying the killing of Anwar al-Awlaki, Charlie Savage describes its contents in this very interesting NYT piece. [New York Times]

* Ten years after the start of the anthrax attacks, some observers are asking whether Bruce Ivins, the Army microbiologist blamed for the attacks by the FBI, , was wrongly accused. [How Appealing]

Paul Bergrin

* Jury selection gets underway this week in the trial of notorious New Jersey lawyer Paul Bergrin (who’s being represented by a famous defense lawyer). [Newark Star-Ledger via WSJ Law Blog]

* Elizabeth Warren, the Harvard law professor turned U.S. Senate candidate, is making “a proper case for liberalism,” according to E.J. Dionne Jr. [Washington Post]

* Andrew Cohen’s review of Justice John Paul Stevens’s new book, Five Chiefs: A Supreme Court Memoir (affiliate link). [The Atlantic]

* In case you missed it last week, here is Proskauer’s response to the discrimination lawsuit filed against it by its former CFO, Elly Rosenthal. [Am Law Daily]

When Berkeley Law professor John Yoo is able to come to the defense of President Obama’s secret legal justification for the assassination of American citizens, it’s time for progressives to pack it up and find a new candidate. Mike Bloomberg? Cory Booker? There are a bunch of other political figures out there who will gladly champion some liberal ideals until it becomes politically expedient for them to sell out the left in exchange for the warm embrace of the military-industrial complex.

Progressives will need to find somebody else because this Obama guy is done as a progressive leader. Many of you have been following the story of Anwar al-Awlaki. He’s the American-born radical cleric who was targeted and killed by a U.S. drone strike in Yemen. Many have questioned Obama’s authority to assassinate an American without due process of the law.

Today’s news is that President Obama did seek and receive legal justification for this strike from the Department of Justice. But you won’t get to see it. That’s because the DOJ issued Obama a secret memo that purportedly explains why Obama is allowed to kill Americans now….

double red triangle arrows Continue reading “‘Secret’ Memo of Law Makes Obama’s DOJ Look Like John McCain Won The 2008 Election”

Page 2 of 41234