Category Archives: Law

Updated: If Justice Samuel Alito Were Ill-Mannered …

Barack Obama, Constitution, Elections, Free Speech, Individual Rights, Law

He’d have cried out “You Lie” at the president during the State of the Union, last night. It so happens that Justice Alito is a gentleman, so he didn’t. All Alito did was gesticulate in surprise at the president’s audacious “misrepresentation ” of the SCOTUS’ invalidation of “a portion of the McCain-Feingold Campaign finance law.”

Writes Judge Andrew P. Napolitano:

“The 20-year-old ruling had forbidden any political spending by groups such as corporations, labor unions, and advocacy organizations (like the NRA and Planned Parenthood, for example). Ruling that all persons, individually and in groups, have the same unfettered free speech rights, the court blasted Congress for suppression of that speech. In effect, the court asked, ‘What part of ‘Congress shall make no law…abridging the freedom of speech’ does Congress not understand?’ Thus, all groups of two or more persons are free to spend their own money on any political campaigns and to mention the names of the candidates in their materials.”

“Thus, as a result of this ruling, all groups may spend their own money as they wish on any political campaigns …”

“On Wednesday night, during his State of the Union address, the president attacked this decision by arguing that the ruling permits foreign nationals and foreign corporations to spend money on American campaigns. When he said this, Justice Samuel Alito, who was seated just 15 feet from the president, gently whispered: ‘That’s not true.’ Justice Alito was right. The Supreme Court opinion, which is 183 pages in length, specifically excludes foreign nationals and foreign-owned corporations from its ruling. So the president, the former professor of law at the one of the country’s best law schools, either did not read the opinion, or was misrepresenting it.”

For posterity:

Update (Jan. 29): Randy Barnett on “a shocking lack of decorum”:

“In the history of the State of the Union has any President ever called out the Supreme Court by name, and egged on the Congress to jeer a Supreme Court decision, while the Justices were seated politely before him surrounded by hundreds Congressmen? To call upon the Congress to countermand (somehow) by statute a constitutional decision, indeed a decision applying the First Amendment? What can this possibly accomplish besides alienating Justice Kennedy who wrote the opinion being attacked. Contrary to what we heard during the last administration, the Court may certainly be the object of presidential criticism without posing any threat to its independence. But this was a truly shocking lack of decorum and disrespect towards the Supreme Court for which an apology is in order. A new tone indeed.”

Updated: Dumb As They Come

Crime, Criminal Injustice, Democrats, Journalism, Law, Pop-Culture, Republicans

Among the many dumb things Republicans have given us (read “GOP and Man at Yale”) is a brand of tease “journalism” headed by Hannah Giles, a well-connected, monosyllabic, Town-Hall tartlet, who partook in an ACORN-exposing (tush-wagging) operation. Her partner (he played the pimp) was James O’Keefe, who, it transpires, is even dumber than Hannah.

A recent headline on Nola.com blares:

“ACORN ‘gotcha’ man arrested in attempt to tamper with Mary Landrieu’s office phones. James O’Keefe … a conservative activist who last year posed as a pimp to target the community-organizing group ACORN, is one of four people arrested by the FBI and accused of trying to interfere with phones at Sen. Mary Landrieu’s office in New Orleans.”

O’Keefe and his pals are “charged with entering federal property under false pretenses for the purposes of committing a felony.”

Phone tapping or something.

The little pischer O’Keefe had given “a speech to the Pelican Institute for Public Policy, a libertarian group in New Orleans,” which seems to be standing by him.

While the ACORN fun lasted, Andrew Breitbart put O’Keefe up as some sort of editor on his Big This/Big That websites, and appeared with him and Hannah on all the Republican TV shows. Now Big Breitbart is distancing himself from his protege. I guess AB has some sense of how fascistic and fickle American law and culture can be (you can go to jail for a long time for non-offenses; and become the toast of the town for major offenses). Here’s the interview he hastened to give to Hugh Hewitt.

Update (Jan. 27): “A lawyer for one of the men said outside the courthouse that his clients may have the product of ‘poor judgment’ and that he didn’t intend to commit a crime; lawyers for other defendants could not immediately be reached for comment.”

This defense attorney is right, of course, but the American legal system, which Republicans (like this intrepid contingent of guerrilla journalists) are forever striving to make less constitutional, will fight to keep these idiots under its jurisdiction. It’s reflexive.

Support The Salahis

Barack Obama, Crime, Criminal Injustice, Fascism, Law, Pop-Culture, The Zeitgeist

Tareq and Michaele Salahi, two reality TV “stars,’ crashed—or livened up—President Obama’s first White House state dinner. The two harmless interlopers, who dared to gaze upon their celestial leader,” are being subjected to an inquisition by the People’s posturing, sneering, fascistic “representatives.”

CNS: “Tareq and Michaele invoked their Fifth Amendment right against self-incrimination Wednesday, refusing to answer a House committee’s questions about their uninvited appearance at a state dinner.”

Good for them. Apparently, the White House is open only to visits from inner-city kids.

“Crashing a Trashy House”: On the night of the offense, 1600 Pennsylvania Avenue “was packed with nasty, noisome parasites. An extra pair would have made no difference. Quite the contrary: There’s something apropos about a couple of reality-show exhibitionists, who themselves ‘have left an extensive paper trail in federal bankruptcy and state court filings,’ brazenly elbowing their way into a party of ponces.”

Updated: The Golem* Goldstone Goes To Gaza

Israel, Israeli-Palestinian Conflict, Judaism & Jews, Just War, Law, Palestinian Authority, South-Africa, UN

From my new WND column, “The Golem Goldstone Goes To Gaza”:

“When introducing Judge Goldstone, Fareed Zakaria described the judge as having made his name, among other acts of greatness, in pursuing an end to the political violence that came with apartheid in his home country of South Africa.

Ostracized for his convictions, this writer’s father – Rabbi Ben Isaacson – was a leading anti-apartheid activist. Goldstone had no such history of protest, father assures me. The roaming judge attached himself like a limpet mine to the anti-apartheid cause only once it became fashionable, safe and professionally expedient.

Goldstone’s Wiki biography corroborates father’s recollection. The judge joined the cause du jour in ‘the latter years of apartheid in South Africa.’ Goldstone’s “courageous” judicial decisions in the cause of freedom, moreover, comported with what South Africa’s Western system of Dutch-Roman law provided – a system currently being replaced, by the African National Congress, with a blend of tribal and totalitarian laws.

To this expatriate South African, the most anodyne assertion Goldstone made to zombie Zakaria was this one…”

Read the complete column, “The Golem Goldstone Goes To Gaza.”

And do read my libertarian manifesto, Broad Sides: One Woman’s Clash With A Corrupt Society.

The Second Edition features bonus material. Get your copy (or copies) now!

Update (Jan. 9): A few readers, some via my WND mail box, have told me I’ve erred as far as the meaning of Golem goes. I’m relatively confident that my commonplace use of the term is accurate (if perhaps not true to the original meaning), so I’ve left it. Usually, I hurry to correct blatant errors.

So why am I comfortable with the column’s usage?

I’m an ex-Israeli. My first language is Hebrew. Although I once spoke and wrote a sharp Hebrew (much like my English), slang has since (as in the US and the UK) changed older, popular usage. As old-timers like myself are in the habit of saying, no one speaks Yerushalmic Hebrew on the news any longer as the wonderful Haim Yavin used to. Yavin was the most elegant anchorman in looks and language.

Back to the topic. “Golem” in popular, modern usage is a derogatory term. Call an Israeli of my age group (still way younger than Yavin, of course) a Golem, and, while you’ve not wounded him mortally, you have, in good humor, berated him.