Lion of the Blogosphere

Archive for the ‘Law’ Category

Supreme Court’s recent abortion decision

with 44 comments

The Supreme Court has previously held that women have a right to an abortion before fetal “viability” and that the states can’t place an “undue burden” on that right.

Now we all know that the real purpose of the Louisiana law is to create so many bureaucratic requirements for abortion doctors that the practical effect is that women can’t obtain abortions.

Chief Justice Roberts has shown that he’s going to uphold stare decisis on the abortion issue, and he’s not going to let anti-abortion Republicans get away with legislative bullshit like the Louisiana law.

Written by Lion of the Blogosphere

February 8, 2019 at EST am

Posted in Law

Roger Stone indictment

with 58 comments

There’s absolutely nothing in this indictment about real crimes committed with respect to Donald Trump’s campaign. This is all about Mueller punishing anyone who is perceived as having helped Trump become President, and creating the perception for the public and the mainstream media and the Democrats in Congress that Trump is surrounded with criminals and thus Trump, by association, must be a criminal himself and should be impeached.

How the Mueller scam works is that people are made to FEEL guilty even though they didn’t commit any prosecutable crimes, so they spin things or tell what they think of as little white lies to put themselves in a better light, and then Mueller interprets that as lying or obstruction of justice.

Stone never should have voluntarily testified before Congress, and if he was subpoenaed then he never should have said anything besides “I invoke my Fifth Amendment right to remain silent.” And of course he should have lawyered up, because once you have a lawyer then all communications between you and investigators have to go through the lawyer, and the lawyer won’t be suckered into feeling guilty because lawyers assume all of their clients are guilty anyway. All lawyers know that their clients’ most dangerous enemies are not prosecutors or police, but rather their clients’ own loose lips.

I urge Trump to pardon Stone ASAP. If anyone is deserving of a pardon, it’s Roger Stone. But I predict that Trump won’t do that because Trump has continuously demonstrated that he’s afraid to use his veto power to help victims of the witch hunt. Liberals call Trump “authoritarian,” but actually he’s the most powerless president of my lifetime.

Written by Lion of the Blogosphere

January 25, 2019 at EST am

Posted in Law, Politics

Washington state divorce law

Washington is a no-fault divorce community property state. Which means that the Bezos divorce is going to be pretty boring, except for the dollar amounts involved. It doesn’t matter who cheated on whom, the state courts will just equally distribute any property acquired during the marriage. It should be noted that Bezos got married one year before he started Amazon.com, so all of the stock in Amazon.com is community property. 50/50 split. No theatrics. Shares in a publicly traded company are pretty easy to split 50/50. The two parties could argue about the values of Bezos’ various mansions, but they probably won’t. When you’re getting almost 70 billion dollars worth of stock, why worry about whether one mansion is worth a few million more than the other?

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By the way, Jeff Bezos graduated from Princeton (electrical engineering and computer science), and then worked in banking and hedge funds, before founding Amazon. He met his wife at the hedge fund where she was a research associate and he was a vice president.

Written by Lion of the Blogosphere

January 14, 2019 at EST am

Posted in Law, Males and Females

FARA before Trump

This is from a law review article written in 2010, before anyone cared about FARA because it had nothing to do with President Trump:

Perhaps the Act’s greatest setback is the lack of spirited enforcement from the Justice Department. As noted, the Justice Department is charged with ensuring timely, adequate, and correct disclosure, and prosecuting non-disclosures.89 However, as the 1963 Senate investigation shows, lack of enforcement dates almost from the point the DOJ first took control of FARA registration in 1942.90 Furthermore, as GAO has pointed out, little action has been taken since.91 To put it simply—the DOJ’s enforcement of FARA has been abysmal—”[a]ccording to [the Department of] Justice, it has prosecuted one violation of FARA since 1990.”92 There are several causes for this problem. The first is that the Foreign Agent Registration Unit at the DOJ plainly does not have the resources to undergo any investigations of fraudulent filings, let alone noncompliance altogether.93 Similarly, the unit only has eight staff members (six professional and two administrative), which is clearly not enough to even register and file the thousands of applications that they currently have.94

Another cause for lax enforcement is the lack of a clear legal mandate for the DOJ.95 As previously noted, FARA is intended to be self-policing. Therefore, agents do not have to notify the DOJ when they are claiming an exemption. This effectively makes it harder for the DOJ to find violators because the unit is charged with not only prosecuting the violators, but also with actively monitoring all lobbying activities.96 This, when coupled with the small staff due to lack of funding, creates a disastrous lack of legal enforcement.97

Finally, early political embarrassments from failed FARA enforcements have effectively stopped prosecutions since the 1980s. “Between 1944 and the 1963 [Senate] hearings, there were ten indictments and five convictions,”98 however, by 1974 “FARA’s full potential criminal sanctions were accurately portrayed as ‘rarely pursued.’”99 Much of the stigma against prosecutions came from a rash of failures by the DOJ to effectively prosecute FARA violations.100 Due to a string of case dismissals, the DOJ effectively saw criminal enforcement of FARA as a waste of the unit’s limited resources.101 As with all criminal prosecutions, violators are only deterred if there is an adequate threat of prosecution.102 “Enforcement malaise causes entities in many sectors, from business to nonprofits to individuals, to question whether they are suckers for paying their fair share, playing by the rules, or disclosing relevant information that being a citizen of the United States demands.”103

Thus we see, enforcement of the law has been ignored, only a single prosecution in 20 years, we get the impression that there are thousands, maybe tens of thousands of people theoretically violating the law.

This law has only been resurrected because it’s seen as a way to punish people for associating with Trump, and to make Trump look like someone who associated with a bunch of criminals.

I am writing this because, in the news today, a business associate of Michael Flynn was arrested and charged with violating FARA.

And last week I wrote about the Russian girl who was prosecuting for “conspiring” to violate a statute similar to FARA.

Written by Lion of the Blogosphere

December 17, 2018 at EST pm

Posted in Law

Maria Butina prosecution, not what this country is about

https://www.cnn.com/2018/12/13/politics/butina-plea-agreement/index.html

She was forced to plead guilty to a “conspiracy” to violate FARA, FARA itself being a law of dubious constitutionality that punishes people for their free speech and their associations, even though they have done nothing to endanger national security.

Additionally, there are tens of thousands of people in the country who could be considered guilty of the same “crimes.” Selective prosecution based on one particular country being out of favor is also not what this country is supposed to be about. We expect repressive countries like China to do stuff like that, we’re supposed to be above that.

This is not what our country is supposed to be about.

Written by Lion of the Blogosphere

December 13, 2018 at EST pm

Posted in Law

Lion was right about Kavanaugh and abortion!

Remember when I wrote “Ironically, the drunken Yale party shows that Kavanagh is culturally a lot more sympathetic to abortion rights than the hardcore Christian true believer Amy Coney Barrett who will probably be nominated if Kavanaugh has to withdraw.”

And then I explained in the comments the reason being that “that many abortions can be traced back to drunken college parties.” I assure you that even back in the 1980s, unmarried women who got pregnant at Ivy League schools got abortions, regardless of whether they came for Republican or Democratic families.

Today, Brett Kavanaugh votes to deny certiorari to a case about Defunding Planned Parenthood and that is perceived as Kavanaugh not being as anti-abortion as Clarence Thomas, Samuel Alito, and Neil Gorsuch.

Written by Lion of the Blogosphere

December 10, 2018 at EST pm

Posted in Law

My statement about Michael Cohen

Russia is not our enemy. Obama himself said that the Cold War ended in the 1990s, and he mocked Mitt Romney for saying that Russia was any sort of threat to the globe.

It’s not illegal to visit Russia, do business in Russia, talk to people in Russia.

Trump owns a huge business empire that has dealings in many foreign countries. There’s nothing in our Constitution that says you can’t run for office if you own a business empire.

When people talk to the FBI, police, Congress, whatever, they have the tendency to tell little white lies and spin things to make themselves seem more innocent, even when they aren’t guilty of anything. Mueller can turn these minor things into an indictment for perjury or “obstruction of justice.”

The lesson is to never talk to anyone (except for your own lawyer) if law enforcement is out to get you. Maybe Michael Cohen thought that, because he was a lawyer himself, he knew what he was doing. There’s a second lesson for you: hubris is your enemy.

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Our biggest global enemy is not Russia, it’s China. And Obama’s brother has much closer ties to China than anyone in Trump’s family has ties to Russia. So why don’t people think that Obama hopelessly corrupted by enemy influence?

And what about Uranium One, and Bill Clinton getting paid half a million dollars to give a “speech” in Russia? Are Bill Clinton’s speeches so amazing that they are worth $500,000 each, or was it some kind or bribe?

Written by Lion of the Blogosphere

November 30, 2018 at EST am

Posted in Law, Politics

Michael Avenatti arrested for felony domestic violence

http://www.tmz.com/2018/11/14/michael-avenatti-arrested-domestic-violence-stormy-daniels-attorney/

Ha ha! Karma’s a bitch.

Avenatti alleges that she hit him first, which is probably true. This means that (1) he was hooking up with a prole woman (perhaps another porn actress); and (2) he lacked the self-control to not beat her up after he was hit.

Written by Lion of the Blogosphere

November 14, 2018 at EST pm

Posted in Law

Why does the United States have more free speech than any other country?

Some commenter insisted that it’s because we have lots of guns in the United States, but that’s an incredibly wrong answer.

We have a First Amendment, but even that doesn’t explain it. Our lawmakers have ignored many other parts of the Constitution that they don’t like. Try to talk about the 9th or 10th Amendments at a Constitutional Law class and you will be laughed out of the class. And if you talk about the 2nd Amendment, you will probably be kicked out of school for being an alt-right gun nut.

Even if you read the actual text of the First Amendment, it leaves a lot unanswered. It starts out, “Congress shall make no law…” It doesn’t say anything about what the states can do.

So the absolute right to free speech that we enjoy in the United States is much like the right to abortion. It’s something that the Supreme Court made up. So thank the Supreme Court for our free speech!

In addition, thank Senator Joseph McCarthy. He came along at just the right time, punishing the left for their subversive speech just before the left came to power and took over everything. So subsequently, remembering how McCarthy punished the left for their speech, left-wing Supreme Court justices became free speech absolutists, and absolute free speech had the full support of the left-wing-controlled mainstream media.

But today, the left has forgotten McCarthy and they now worry more about people’s hurt feelings rather than the free speech rights of those hurting their feelings, especially if those with the hurt feelings are high up on the victim hierarchy. So only conservative Supreme Court justices can continue to protect free speech, because they will respect stare decisis.

Written by Lion of the Blogosphere

November 13, 2018 at EST am

Posted in Law

Looks like RBG is doing fine

Ruth Bader Ginsurg working in her hospital room.

Written by Lion of the Blogosphere

November 9, 2018 at EST pm

Posted in Law

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