Court and Judicial Corruption News ArticlesExcerpts of Key Court and Judicial Corruption News Articles in Media
Eric Garner was not the first American to be choked by the police, and he will not be the last, thanks to legal rules that prevent victims of police violence from asking federal courts to help stop deadly practices. The 1983 case City of Los Angeles v. Lyons vividly illustrates the problem. That case also involved an African-American man choked by the police without provocation. Unlike Mr. Garner, Adolph Lyons survived. He then filed a federal lawsuit, asking the city to compensate him for his injuries. He also asked the court to prevent the Los Angeles Police Department from using chokeholds in the future. The trial court ordered the L.A.P.D. to stop using chokeholds. The Supreme Court overturned this order. The court explained that Mr. Lyons would have needed to prove that he personally was likely to be choked again in order for his lawsuit to be a vehicle for systemic reform. This is the legal standard when a plaintiff asks a federal court for an injunction — or a forward-looking legal order. When the stakes are this deadly, federal courts should step in. If police departments still failed to comply, federal judges could impose penalties. How do we know? Consider school segregation. Local officials had promised change but failed to ensure it. It took decades of close supervision by federal courts to make a dent in the problem. As the courts started to leave this field in more recent years, de facto segregation returned.
Leaders at an African summit have voted to give themselves and their allies immunity from prosecution for war crimes, crimes against humanity and genocide at a new African Court of Justice and Human Rights. The continent ... has two sitting presidents and one ousted president facing charges at the International Criminal Court. Amnesty International called it "a backward step in the fight against impunity and a betrayal of victims of serious violations of human rights." The decision came [on June 27] at an African Union summit vote in Equatorial Guinea from which journalists were excluded, Amnesty International said. News of the vote was imparted obliquely in a statement [on June 30] about the summit outcomes. A paragraph listing legal instruments agreed at the meeting included the "Protocol on Amendments to the Protocol on the Statute of the African Court of Justice and Human Rights." That amendment bars the court from prosecuting sitting African leaders and vaguely identified "senior officials." Forty-two African and international civil society and rights groups had objected to the amendment, noting in an open letter before the summit that the impunity violates international and domestic laws as well as the constitution of the African Union.
Note: For more on this, see concise summaries of deeply revealing war crimes news articles from reliable major media sources.
A classified 2010 legal certification and other documents indicate the NSA has been given a far more elastic authority than previously known, one that allows it to intercept through U.S. companies not just the communications of its overseas targets but any communications about its targets as well. The certification — approved by the Foreign Intelligence Surveillance Court and included among a set of documents leaked by former NSA contractor Edward Snowden — lists 193 countries that would be of valid interest for U.S. intelligence. The certification also permitted the agency to gather intelligence about entities including the World Bank, the International Monetary Fund, the European Union and the International Atomic Energy Agency. The documents underscore the remarkable breadth of potential “foreign intelligence” collection. An affidavit in support of the 2010 foreign-government certification said the NSA believes that foreigners who will be targeted for collection “possess, are expected to receive and/or are likely to communicate foreign intelligence information concerning these foreign powers.” That language could allow for surveillance of academics, journalists and human rights researchers. A Swiss academic who has information on the German government’s position in the run-up to an international trade negotiation, for instance, could be targeted if the government has determined there is a foreign-intelligence need for that information. If a U.S. college professor e-mails the Swiss professor’s e-mail address or phone number to a colleague, the American’s e-mail could be collected as well, under the program’s court-approved rules.
Note: For more on this, see concise summaries of deeply revealing intelligence agency news articles from reliable major media sources.
In more than a dozen classified rulings, the nation’s surveillance court has created a secret body of law giving the National Security Agency the power to amass vast collections of data on Americans. The rulings, some nearly 100 pages long, reveal that the court has taken on a much more expansive role by regularly assessing broad constitutional questions and establishing important judicial precedents, with almost no public scrutiny. The 11-member Foreign Intelligence Surveillance Court, known as the FISA court, was once mostly focused on approving case-by-case wiretapping orders. But since major changes in legislation and greater judicial oversight of intelligence operations were instituted six years ago, it has quietly become almost a parallel Supreme Court, serving as the ultimate arbiter on surveillance issues and delivering opinions that will most likely shape intelligence practices for years to come. In one of the court’s most important decisions, the judges have expanded the use in terrorism cases of a legal principle known as the “special needs” doctrine and carved out an exception to the Fourth Amendment’s requirement of a warrant for searches and seizures. Unlike the Supreme Court, the FISA court hears from only one side in the case — the government — and its findings are almost never made public.
Note: For more on government secrecy, see the deeply revealing reports from reliable major media sources available here.
HSBC Holdings Plc’s $1.9 billion agreement with the U.S. to resolve charges it enabled Latin American drug cartels to launder billions of dollars was approved by a federal judge. U.S. District Judge John Gleeson in Brooklyn, New York, signed off yesterday on a deferred-prosecution agreement. HSBC was accused of failing to monitor more than $670 billion in wire transfers and more than $9.4 billion in purchases of U.S. currency from HSBC Mexico, allowing for money laundering, prosecutors said. The bank also violated U.S. economic sanctions against Iran, Libya, Sudan, Burma and Cuba, according to a criminal information filed in the case. The bank, Europe’s largest, agreed to pay a $1.25 billion forfeiture and $665 million in civil penalties under the settlement, prosecutors announced in December. At a hearing the same month, Gleeson told prosecutors there had been “publicized criticism” of the agreement, which lets the bank and management avoid further criminal proceedings over the charges. Lack of proper controls allowed the Sinaloa drug cartel in Mexico and the Norte del Valle cartel in Colombia to move more than $881 million through HSBC’s U.S. unit from 2006 to 2010, the government alleged in the case. The bank also cut resources for its anti-money-laundering programs to “cut costs and increase profits,” the government said in court filings. Under a deferred prosecution agreement, the U.S. allows a target to avoid charges.
Note: HSBC was founded to service the international drug trade, and is considered too big to criminally prosecute. Big bank settlements often amount to "cash for secrecy" deals that are ultimately profitable for banks. For more along these lines, see concise summaries of deeply revealing news articles about financial industry corruption.
A confidential Justice Department memo concludes that the U.S. government can order the killing of American citizens if they are believed to be “senior operational leaders” of al-Qaida or “an associated force” -- even if there is no intelligence indicating they are engaged in an active plot to attack the U.S. The 16-page memo ... provides new details about the legal reasoning behind one of the Obama administration’s most secretive and controversial polices: its dramatically increased use of drone strikes against al-Qaida suspects abroad, including those aimed at American citizens. In March, Attorney General Eric Holder specifically endorsed the constitutionality of targeted killings of Americans, saying they could be justified if government officials determine the target poses “an imminent threat of violent attack.” But the confidential Justice Department “white paper” introduces a ... “broader concept of imminence” than actual intelligence about any ongoing plot against the U.S. homeland. “The condition that an operational leader present an ‘imminent’ threat of violent attack against the United States does not require the United States to have clear evidence that a specific attack on U.S. persons and interests will take place in the immediate future,” the memo states. Instead, it says, an “informed, high-level” official of the U.S. government may determine that the targeted American has been “recently” involved in “activities” posing a threat of a violent attack and “there is no evidence suggesting that he has renounced or abandoned such activities.” The memo does not define “recently” or “activities.”
Nearly 70 percent of voters think super PACs should be outlawed, and more than half “strongly” do. We can hardly believe that the billionaire brothers David and Charles Koch will spend more this year than John McCain’s entire presidential campaign raised in 2008. We can’t stand the constant flood of negative ads on every channel or the ominous anonymity of the interests behind them. The Roberts Court sees all this and refuses to acknowledge that it “give[s] rise to corruption or the appearance of corruption.” Fortunately, if on the question of campaign finance the Supreme Court is immune to the court of public opinion, progressives are fighting through other avenues to transform today’s corrupt system into one that is fair, transparent and participatory. In [the] state of New York, Attorney General Eric Schneiderman has launched a path-breaking investigation of tax-exempt groups that might be fraudulently funneling funds into politics, including a “charitable foundation” affiliated with the U.S. Chamber of Commerce. Meanwhile, New York Gov. Andrew Cuomo is partnering with Protect Our Democracy ... to apply the same successful, grass-roots pressure they used in getting same-sex marriage passed to our campaign finance system. They have joined with citizen activists who are looking to New York City’s successful, multiple-match public financing system. A Brennan Center for Justice study showed that this system promoted diversity among candidates and donors and reduced the influence of corporate money.
Note: For key reports from major media sources on problems with US elections, click here.
A retired New York Supreme Court judge has claimed she was manhandled by a policeman after watching him beat a woman at the Zuccotti Park raids. Karen Smith was working as a legal observer when she saw a distressed woman pushed to the ground and beaten by an officer, she said. When she demanded he [stop], the unidentified cop pushed her against a wall and threatened her with arrest. Ms Smith had attended the raids ... to note down the names of people arrested as the Occupy Wall Street camp was cleared. She was wearing a fluorescent green baseball cap bearing the words 'National Lawyers Guild Legal Observer' to show she was not taking part in the protests. Ms Smith, who was also carrying a pad and pen, said the incident happened at around 1.30am on Tuesday at Dey Street and Broadway Street in New York City. Speaking to Democracy Now, she described the scene as ‘a paramilitary operation if there ever was one’. It was ‘what we call a stealth eviction’, she added. Ms Smith explained her son had participated in Occupy Wall Street and she had been ‘very concerned’ about his safety.
Note: We don't normally use the UK's Daily Mail as a reliable source, but as no other major media are reporting this story, we felt it warranted inclusion. The judge gives her own testimony in a video near the bottom of the article.
One week after a U.S. military airstrike killed a 16-year-old American citizen in Yemen, no one in the Obama administration, Pentagon or Congress has taken responsibility for his death, or even publicly acknowledged that it happened. The absence of official accountability for the demise of Abdulrahman al-Awlaki, a Denver native and the son of [Anwar al-Awlaki], deepens the legal and ethical murkiness of the Obama administration’s campaign to kill alleged enemies of the state outside of traditional war zones. Officials throughout the U.S. government ... have refused to answer questions for the record about how or why Awlaki was killed Oct. 14 in a remote part of Yemen, along with eight other people. The official silence about the death of the American teenager contrasts with the Obama administration’s eagerness to trumpet another airstrike in Yemen two weeks earlier. In that case, armed drones controlled by the CIA killed the teen’s father, Anwar al-Awlaki. [A] U.S. official said the airstrike was launched by the military’s secretive Joint Special Operations Command, or JSOC. The younger Awlaki was the third U.S. citizen killed by the U.S. government in Yemen in recent weeks.
Note: For deep background on reasons why the US government may have wanted to eliminate Anwar al-Awlaki and his son, click here.
Is it legal for the federal government to kill a U.S. citizen overseas, someone who has never been charged or convicted of a crime? Civil liberties groups are condemning the killing of Anwar al-Awlaki, but many legal scholars say it is justified. No U.S. court has ever weighed in on the question, because judges consider these sorts of issues exclusively matters for the president. Anwar al-Awlaki's father, Nasser, with the help of the ACLU, sued President Barack Obama, Defense Secretary Robert Gates and CIA Director Leon Panetta a year ago, when it became clear that the U.S. was targeting the younger al-Awlaki. But U.S. District Judge John Bates threw the case out, ruling that federal courts were in no position to evaluate whether someone was a terrorist whose activities threatened national security and against whom the use of deadly force could be justified. The ACLU lawyer who handled the case, Jameel Jaffer, said Friday that the U.S. program that targeted al-Awlaki was a violation of both U.S. and international law. "The government's authority to use lethal force against its own citizens should be limited to circumstances in which the threat to life is concrete, specific and imminent. It is a mistake to invest the president, any president, with the unreviewable power to kill any American whom he deems to present a threat to the country," Jaffer said.
Note: For lots more from reliable sources on the illegal prosecution of the "Global War on Terror", click here.
A Pennsylvania judge was sentenced to 28 years in prison in connection to a bribery scandal that roiled the state's juvenile justice system. Former Luzerne County Judge Mark Ciavarella Jr. was convicted of taking $1 million in bribes from developers of juvenile detention centers. The judge then presided over cases that would send juveniles to those same centers. The case came to be known as "kids-for-cash." The Pennsylvania Supreme Court tossed about 4,000 convictions issued by Ciavarella between 2003 and 2008, saying he violated the constitutional rights of the juveniles, including the right to legal counsel and the right to intelligently enter a plea. Ciavarella, 61, was tried and convicted of racketeering charges earlier this year. More than a dozen people who said they had been affected by the judge's decision stood outside [the court house in Scranton, PA], awaiting the sentencing. Jeff Pollins was in that crowd. His stepson was convicted by Ciavarella. "These kids are still affected by it. It's like post traumatic stress disorder," Pollins told the Times Leader. "Our life is ruined. It's never going to be the same".
Note: Two crooked judges and a for-profit detention center company used millions of taxpayer dollars to systematically violate the rights of thousands of kids. For more along these lines, see concise summaries of deeply revealing prison industry corruption news articles from reliable major media sources.
[Introduction] An internal history of the United States government’s Nazi-hunting operation provides gripping new evidence about some of the most notorious Nazi cases of the last three decades. The Justice Department kept the 600-page report secret for the last four years, releasing a heavily redacted version last month to a private research group that sued to force its release. A complete version was obtained by The New York Times. [From the document] In the 1970s, the public was shocked to leam that some Nazi persecutors had emigrated to the United States. There were calls for their expulsion and legislation was passed to facilitate their deportation. OSI was created in 1979 to handle the caseload. The Office of Special Investigations (OSI) is often referred to as the government's "Nazi-hunting" organization. While the cases and projects are individually fascinating, this report was not written simply to recount a series of unrelated but interesting undertakings. It is designed to serve as a teaching and research tool for historians, the media, academics, policy makers and the general public. While one would hope that the Holocaust was such an aberration that its like would never recur, the world has since learned of new and horrific genocidal undertakings. Bosnia, Cambodia, Croatia, Iraq, Rwanda, Serbia and Sudan are among the all too-many countries involved. These societies will inevitably have to confront some of the same issues which faced OSI.
Note: This suppressed report contains clear evidence that top Nazi war criminals were given aliases and allowed to escape prosection by elements both outside and inside of government. For even more powerful evidence from released US government documents that top government leaders felt the need for mind control techniques developed by the Nazi's warranted secretly protecting and eventually working with some of the most heartless of the Nazis, click here.
The invasion of Iraq had no "legal basis in international law", the senior government lawyer Sir Michael Wood has told the Chilcot inquiry. Sir Michael ... was the most senior legal adviser at the Foreign Office at the time of the invasion. "I considered that the use of force against Iraq in March 2003 was contrary to international law," he said in a written statement. "In my opinion, that use of force had not been authorised by the (United Nations) Security Council, and had no other basis in international law." Jack Straw, then the foreign secretary, rejected advice that the war would be unlawful, the inquiry heard. Sir Michael wrote to Mr Straw on January 24, 2003 to express concerns about comments [Straw] made to then-US vice president Dick Cheney. Mr Straw told Mr Cheney that Britain would "prefer" a second resolution but it would be "OK" if they tried and failed to get one "a la Kosovo". Sir Michael commented that this was "completely wrong from a legal point of view". Sir Michael said this was "probably the first and only occasion" that a minister rejected his legal advice in this way.
Note: For lots more from major media sources on the real reasons behind the invasion of Iraq, click here.
With a single, disastrous 5-to-4 ruling, the Supreme Court has thrust politics back to the robber-baron era of the 19th century. Disingenuously waving the flag of the First Amendment, the court’s conservative majority has paved the way for corporations to use their vast treasuries to overwhelm elections and intimidate elected officials into doing their bidding. Congress must act immediately to limit the damage of this radical decision, which strikes at the heart of democracy. As a result of Thursday’s ruling, corporations have been unleashed from the longstanding ban against their spending directly on political campaigns and will be free to spend as much money as they want to elect and defeat candidates. The ruling in Citizens United v. Federal Election Commission radically reverses well-established law and erodes a wall that has stood for a century between corporations and electoral politics. The founders of this nation warned about the dangers of corporate influence. The real solution lies in getting the court’s ruling overturned.
Note: The crux of the argument used by the Supreme Court is that under US law, corporations are treated as persons and therefore given Constitutional rights meant for people. Should we then give them the right to vote? For many key articles from reliable sources on serious flaws in the electoral process in the US, click here.
A member of the Senate Intelligence Committee said ... President Bush is standing by "feverish legal theories" to justify actions which are unconstitutional. Sen. Sheldon Whitehouse, D-R.I., made the comments on the Senate floor during debate. Whitehouse said that ... he had examined "highly classified secret legal opinions" issued by the Department of Justice's Office of Legal Counsel [OLC]. Whitehouse recounted that, "Sitting in that secure room, as a lawyer, as a former U.S. Attorney, legal counsel to Rhode Island’s Governor, and State Attorney General, I was increasingly dismayed and amazed as I read on." Whitehouse related three OLC legal opinions which he got declassified: "An executive order cannot limit a President. There is no constitutional requirement for a President to issue a new executive order whenever he wishes to depart from the terms of a previous executive order."; ... "The President ... can determine whether an action is a lawful exercise of the President’s authority"; [and] "The Department of Justice is bound by the President’s legal determinations." "Imagine a general counsel to a major U.S. corporation telling his board of directors, 'In this company the counsel’s office is bound by the CEO’s legal determinations,'" Whitehouse said. "The board ought to throw that lawyer out - it’s malpractice, probably even unethical." We are a nation of laws, not of men. This nation was founded in rejection of the royalist principles that ... 'The King can do no wrong'."
Note: To hear the revealing Senate speech on this vital topic by Senator Whitehouse, a member of the Senate Intelligence Committee, click here. For Whitehouse's comments on this topic on his Senate website, click here.
Federal agents do not need a search warrant to monitor a suspect's computer use and determine the e-mail addresses and Web pages the suspect is contacting, a federal appeals court ruled Friday. In a drug case from San Diego County, the Ninth U.S. Circuit Court of Appeals in San Francisco likened computer surveillance to the "pen register" devices that officers use to pinpoint the phone numbers a suspect dials, without listening to the phone calls themselves. In Friday's ruling, the court said computer users should know that they lose privacy protections with e-mail and Web site addresses when they are communicated to the company whose equipment carries the messages. The search is no more intrusive than officers' examination of a list of phone numbers or the outside of a mailed package, neither of which requires a warrant, Judge Raymond Fisher said in the 3-0 ruling. Defense lawyer Michael Crowley disagreed. His client, Dennis Alba, was sentenced to 30 years in prison after being convicted of operating a laboratory in Escondido that manufactured the drug ecstasy. Some of the evidence against Alba came from agents' tracking of his computer use. The court upheld his conviction and sentence. Expert evidence in Alba's case showed that the Web addresses obtained by federal agents included page numbers that allowed the agents to determine what someone read online, Crowley said. The ruling "further erodes our privacy," the attorney said. "The great political marketplace of ideas is the Internet, and the government has unbridled access to it."
Note: So now every email you send and read can be monitored legally. Why didn't this make news headlines?
A federal appeals court rejected a fired FBI contractor's bid to revive her lawsuit against the government. Sibel Edmonds said she was fired from her job as a wiretap translator because she told superiors she suspected that a co-worker was leaking information to targets of an ongoing FBI investigation. The FBI said it fired her because she committed security violations and disrupted the office. The Justice Department's inspector general said Edmonds's allegations about a coworker "raised serious concerns that, if true, could potentially have extremely damaging consequences for the FBI."
Note: This article doesn't even mention 9/11, yet Ms. Edmonds has stated publicly that her testimony would put top government officials behind bars for their role in blocking information which could have stopped the 9/11 attacks. For more eye-opening information, click here and here. Read Ms. Edmond's open letter to the chairman of the 9/11 Commission to find out what key people in government don't want you to know about her testimony. See also her excellent website http://www.justacitizen.com She was also instrumental in forming a National Security Whistleblowers Coalition.
The American criminal justice system relies too heavily on imprisoning people and needs to consider more effective alternatives, according to a study released Wednesday by the American Bar Assn., the nation's largest lawyers' organization. "For more than 20 years, we've gotten tougher on crime," said Dennis W. Archer, a former Detroit mayor and the group's current president. "We can no longer sit by as more and more people — particularly in minority communities — are sent away for longer and longer periods of time while we make it more and more difficult for them to return to society after they serve their time. The system is broken. We need to fix it." Both the number of incarcerated Americans and the cost of locking them up are massive, the report said, and have been escalating significantly in recent years. Between 1974 and 2002, the number of inmates in federal and state prisons rose six-fold. By 2002, 476 out of every 100,000 Americans were imprisoned. In 1982, the states and federal government spent $9 billion on jails and prisons. By 1999, the figure had risen to $49 billion. Based on trends, a black male born in 2001 has a 1 in 3 chance of being imprisoned during his lifetime, while the chances for a Latino male are 1 in 6, and for a white male, 1 in 17. The report contains numerous reform proposals. Among them: the repeal of mandatory minimum sentencing laws; more funding for substance abuse and mental health programs; assistance for prisoners reentering society; [and] task forces to study racial and ethnic disparities in the criminal justice system.
Note: If above link fails, click here. The prison-industrial complex attracts huge profits and strongly supports laws like "three strikes" where third time offenders are automatically imprisoned for life, even for petty crime.
The Supreme Court today gave the Central Intelligence Agency broad discretion to withhold the identities of its sources of intelligence information from public disclosure. The exemption applies regardless of whether the information is shown to have a bearing on national security and regardless of whether the source of the information is a newspaper or magazine in general circulation. The decision, written by Chief Justice Warren E. Burger, overturned a ruling by the United States Court of Appeals for the District of Columbia. That court, in ordering the release of the names of researchers who participated in a long-running C.I.A. study of the control of human behavior, had adopted a considerably narrower definition of the ''intelligence sources'' entitled to exemption. The C.I.A. project, code-named MKULTRA, was in existence from 1953 to 1966 and was designed to develop techniques for controlling human behavior. At least 185 private researchers and 80 institutions participated in the research. Officials of two organizations ... filed requests under the Freedom of Information Act in 1977 for the names of the researchers. Last fall Congress partly excluded from the Freedom of Information Act the C.I.A.'s ''operational files,'' which involve intelligence methods and sources.
Note: The official story is that all of the experiments to control human behavior failed. Yet if this is true, why did they spend so much money and so many years on it? And why is it necessary to keep secret who the researchers were? For reliable, verifiable information suggesting not only that the experiments were quite successful, but that they may be ongoing to this day, click here.
I traveled from Baltimore to join hundreds of thousands of protesters at counterdemonstrations around Mr. Trump’s swearing-in. Little did I know that I would be swept up into a legal nightmare that demonstrates how prosecutors intimidate and manipulate defendants into giving up their rights. Minutes after I got to downtown Washington on Jan. 20, police officers used pepper spray, “sting-ball” grenades and flailing batons to sweep up an entire city block in a mass-arrest tactic known as “kettling.” Next, prosecutors ... took the highly unusual step of indicting more than 200 of those arrested. Most of the people in the group, which includes journalists, legal observers and volunteer medics, face charges of engaging in a riot, inciting a riot, conspiracy to riot and property damage. In addition to seizing the contents of at least 100 cellphones, prosecutors secured broad warrants for Facebook pages. The government has failed to provide most defendants in the case with evidence of their alleged individual wrongdoing. For example, I was offered a plea deal (to a single misdemeanor charge) on the basis of virtually nothing more than being at the site of the protest. This serves to illustrate a critical problem in the American justice system: Prosecutors have the power to single-handedly destroy lives, and there are few consequences for abuse of that power. At the same time, their main measure of success is the ability to secure convictions, not the degree to which justice is served.
Note: United Nations officials recently said that the US government's treatment of activists was increasingly "incompatible with US obligations under international human rights law". For more along these lines, see concise summaries of deeply revealing news articles on judicial system corruption and the erosion of civil liberties.
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