Archive for the ‘law’ Category

What do I tell my legal immigrant family and friends?

March 25, 2009

I was going to stay out of the immigration debate but we are headlong quickly toward a cliff so here goes.

I have many family members and friends that came to the United States legally and went through the system.

Many waited six, seven or more years to become citizens.  All are legal — many with their own businesses and I don’t know one that has become a burden upon the taxpayers.

Most of these people are Asians: Vietnamese-Americans, Chinese-Americans and Korean-Americans.

My wife came here the hard way: after war and communism and prison in Vietnam she fled by boat: facing death by starvation, pirates, rape and other criminal activity.  Add to that the environment: the sun and the sea.  Four people died in her boat.

She came here and waited, and waited and waited to become a citizen.  She learned English and worked at minimum wage jobs.  She now has her own business and is hanging on by a thread due to the bad economy.

She never complains.

She never even complains when we see hundreds of people — daily — that are here illegally and demanding work and money and benefits.

They aren’t learning English and are not awaiting the system: they are waiting for Nancy Pelosi’s revolution.

They are waiting for the “system’ to adapt to them: and with the Speaker of the House telling them that officers sworn to defend the law are un-American — what should I tell my Vietnamese-American family about America, justice and the rule of law?

See Michelle Malkin:
http://michellemalkin.com/2009/0
3/25/guess-who-else-thinks-ice-ag
ents-are-unpatriotic/

Related:
 Obama Believers Thought They’d Hear More On Immigration By Now

Immigration embers could turn into political fire for Obama

La Raza has a new best friend at Justice

President, Congress, Media “Vacant” in Time of Crisis

March 25, 2009

We live in interesting time and cripples are running the nation.

“What kind of politician brings a teleprompter to a news conference? asked the Associated Press’ Ron Fournier.

Well, what kind of lawmaker enacts a law by voting for it even though he or she never read it?  Our Congress on the stimulus.

Then they threw a fit because AIG paid bonuses: which were protected in the stimulus legislation they voted for…

In one of the nations’ biggest crisis since World War II, our leadership is, well, found wanting….

Reading the teleprompter instead of reading the legislation.  This is the White House and Congress of no work, TV appearances and Nancy Pelosi’s cats on YouTube.

This is the media found wanting presidency too.

The president’s  only flash of emotion  came in last night’s news conference when pressed by CNN’s Ed Henry about his slowness in decrying the AIG bonuses.

“It took us a couple of days because I like to know what I’m talking about before I speak,” he replied.

And write remarks and get them into the teleprompter.  Roosevelt responded to Pearl Harbor faster…..

Said Andrew Kohut of the non-partisan Pew Research Center, “In so many of these cases, he has to say, “Yes, but …’ ”

We want our leaders to think.  Not just make appearances.
Less than one month ago, while President Barack Obama was still making his own budget with his own numbers (and everything was rosy) he assured reporters that he likes being president.

“And it turns out I’m very good at it,” he said.

One month later, nobody can be sure that the president is good at anything.

President Barack Obama's TelePrompTer is seen before a news ...

President Barack Obama’s TelePrompTer is seen before a news conference in the East Room of the White House in Washington, Tuesday, March 24, 2009.(AP Photo/Gerald Herbert)

***********************

See USA Today:
http://www.dailyrecord.com/articl
e/20090325/UPDATES01/903250419

 Obama Throws In The Towel

 After Leno, Laughter on “60 Minutes,” Boredom From “No Drama” Obama

Craigslist Sued For Selling Sex

March 6, 2009

“Craigslist is the single largest source of prostitution in the nation.”  That according to an Illinois sheriff who filed a lawsuit against Craigslist on Thursday. 

Cook County Sheriff Thomas Dart sued the owners of the classified ad site in US District Court for facilitating prostitution by failing to block blatant offers to trade sex for money.

“Missing children, runaways, abused women and women trafficked in from foreign countries are routinely forced to have sex with strangers because they’re being pimped on Craigslist.”

–AFP

Read the rest:
http://news.yahoo.com/s/afp/20090305/t
s_alt_afp/uscrimeinternetcraigslist_20090
305205748

From CNN:
http://edition.cnn.com/2009/CRIME
/03/05/craigs.list.prostitution/index.html

In an e-mailed statement, craigslist told CNN it had not seen Dart’s complaint but that “craigslist is an extremely unwise choice for those intent on committing crimes, since criminals inevitably leave an electronic trail to themselves that law enforcement officers will follow.”

“On a daily basis, we are being of direct assistance to police departments and federal authorities nationwide,” spokeswoman Susan McTavish said.

A man walks past the office of online site Craigslist in San ... 
A man walks past the office of online site Craigslist in San Francisco, California, in 2006. An Illinois sheriff filed a lawsuit against Craigslist.com on Thursday calling the popular website the largest source of prostitution in the United States.(AFP/Getty Images/File/Justin Sullivan)

Gitmo, Human Rights, Legalities and Terrorist: Will This Be the Bipartisan Test for Obama?

January 25, 2009

Senator John McCain is a former prisoner of war (POW).  A tortured prisoner of war.

Senator Lindsey Graham is a lawyer.  A military lawyer.

Both these allies could be just the help President Barack Obama needs as he tries to navigate the difficult waters of the prisoner, legal, human rights and torture issues surrounding the U.S. prison at Guantanamo Bay, Cuba.

The president has asked that the issue be handled with bipartisan resolve and principled care.

“We look forward to working with the president and his administration on these issues, keeping in mind that the first priority of the U.S. government is to guarantee the security of the American people,” McCain  said in a joint statement with Graham.

“This is a tough battleground to determine if we can work in a bipartisan manner,” said one old U.S. Senate hand.  “But the economic stimulus bill will be tough too.”

In this Jan. 11, 2002 file photo, released by the Department ... 
In this Jan. 11, 2002 file photo, released by the Department of Defense, detainees wearing orange jump suits sit in a holding area as military police patrol during in-processing at the temporary detention facility Camp X-Ray on Guantanamo Bay U.S. Naval Base in Cuba. (AP Photo/U.S. Navy, Shane T.McCoy, File)

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From Senator John Kerry:

Thursday was an important day for the rule of law in the United States of America.

With a handful of signatures to executive orders, President Obama ordered the eventual closure of Guantanamo Bay prison and CIA “black site” prisons, and placed interrogation in all American facilities by all U.S. personnel under the guidelines of the Army Field Manual.

In a season of transformational changes, these are among the most meaningful, because they send a powerful message that America’s struggle against terrorism will once against honor some of the most cherished ideals of our republic: respect for the rule of law, individual rights, and America’s moral leadership.

Read the rest:
http://www.cnn.com/2009/POLITICS/01/25/k
erry.guantanamo/index.html?iref=newssearch

John Kerry says Barack Obama sent a message that fight against terror will respect America's values.

John Kerry says Barack Obama sent a message that fight against terror will respect America’s values.

********************

By ANNE FLAHERTY, Associated Press Writer

President Barack Obama‘s pledge of bipartisan cooperation with Congress will be tested as he tries to fulfill a campaign promise to close Guantanamo Bay and establish a new system for prosecuting suspected terrorists.

The undertaking is an ambitious one. Fraught with legal complexities, it gives Republicans ample opportunity to score political points if he doesn’t get it right. There’s also the liklihood of a run-in with his former rival, Sen. John McCain, a former prisoner of war who before running for president staked his career on overhauling the nation’s detainee policies.

“We look forward to working with the president and his administration on these issues, keeping in mind that the first priority of the U.S. government is to guarantee the security of the American people,” McCain, R-Ariz., said in a joint statement with Sen. Lindsey Graham, R-S.C.

The statement seemed aimed at putting Obama on notice that he must deal with Congress on the matter.

In his first week in office, Obama ordered Guantanamo Bay prison in Cuba to be closed within a year, CIA secret prisons shuttered and abusive interrogations ended.

So far, Obama’s team has given every indication it will engage lawmakers, including Republicans, on the issue. Graham and McCain were among several Republicans briefed last week by White House counsel Greg Craig and handed drafts of the executive orders.

But once the two sides begin delving into details, there will be ample room for dispute.

Read the rest:
http://news.yahoo.com/s/ap/20090125/a
p_on_go_pr_wh/guantanamo_politics

McCain on working with Democrats:
http://www.cnn.com/video/#/video/politi
cs/2009/01/22/sot.lkl.mccain.inauguration.cnn

http://politicalticker.blogs.cnn.com/2009/0
1/25/mccain-i-wont-be-a-rubber-stamp-for-obama/

Guidelines for Teachers to End Cyber Bullying

December 30, 2008

The Czech education ministry has drawn up guidelines for teachers to halt the spread of cyber bullying in schools.

Some Czech children have attempted to blackmail teachers or classmates by posting video clips of them on the internet, a ministry spokesman said.

Tomas Bouska told BBC News that the guidelines offered schools more options than simply confiscating mobile phones or banning their use during classes.

BBC

A clip of a Czech teacher slapping a child has fuelled debate on the issue.

The clip, which appeared on the internet in June, showed a teacher telling a boy off for having a messy desk and then smacking him when he answered back, Radio Prague reported. The boy then stormed out of the classroom.

“There was a huge debate about it,” Mr Bouska said. “People asked: ‘If it is put online is that a crime? After all, it’s a crime to slap a child’.”

Read the rest:
http://news.bbc.co.uk/2/hi/europe/7804617.stm

Russia: President By “Remote Control”?

December 30, 2008

When President Barack Obama meets Russian President Dmitry Medvedev, will Mr. Medvedev have the power to negotiate and speak for Russia?  Or is Medvedev a figure head; a creation of Vladimir Putin?  Who rules Russia and when signals come from the Kremlin who are they coming from and can one trust their instincts?  This is now a growing dilemma for Russia; and for Barack Obama and the United States….

Related from CNN:
http://www.cnn.com/2008/WORLD/europe/12/30/r
ussia.presidential.term.extension/index.html

*********************

This year is ending as another watershed for Russia, on a par with 1990 or 1998.

2008 started with great expectations for the country’s future as the Kremlin engineered a seamless political transition from Vladimir Putin to Dmitry Medvedev. Medvedev was elected to implement Putin’s Plan — a strategy of rapid economic modernization through 2020 that would wean the country from its dependence on oil and other commodities and make innovation the driving force of the economy. Russia needed only 20 years of peaceful, undisturbed development to make a breakthrough, Medvedev proclaimed in early 2008.

Vladimir Frolov
The Moscow Times

That prospect faded in August, when Georgia invaded South Ossetia. Medvedev responded with a strong show of force and moved to recognize Abkhazia and South Ossetia as independent states, a move denounced by all major powers.

Putin Medvedev
.
Above: Vladimir Putin speaks with his presidential successor, Dmitry Medvedev, in parliament May 8, 2008. Medvedev has proposed a longer term for Russia’s president and it is no secret that Putin wants to come back as President of Russia.  Photo: Sergei Chirikov AFP/Getty Images

Related:
Russia, Obama and the Strategic Chess Tournament

Suddenly, Moscow was facing global isolation and pressure. By October, Russia discovered the truth in the old saying that if anything can go wrong, it will. The price of oil fell from a high of $147 a barrel in July to less than $40 a barrel in December, sending the country’s trade balance and the budget into deficits, the ruble into devaluation and the economy into recession.

Medvedev’s presidency is changing from the management of a modernization policy to the management of an economic collapse. The financial crisis is also testing the viability of the Putin-Medvedev “tandemocracy,” as painful, unpopular decisions need to be made to save the country. The two centers of power promised a gradual evolution of Russia’s political system toward more pluralism and public accountability.

The crisis is now changing the dynamics and the direction of this process, as Medvedev’s own center of power has been too slow in developing while Putin, exercising ultimate authority, is wary of taking full responsibility for crisis management.

It is now an open secret that Putin has been running the government by “remote control” through his two ambitious first deputies — Igor Shuvalov and Igor Sechin. Both wield enormous power and ultimate responsibility for managing the crisis.

Putin’s White House is now the political center of gravity, while the Kremlin is gradually turning into a backwater. Nobody there seems to be in the crisis mode, with the exception of Arkady Dvorkovich, economic adviser to Medvedev. When someone as astute as Vladislav Surkov, the Kremlin first deputy chief of staff, starts holding policy meetings on U.S. President-elect Barack Obama as a political phenomenon, instead of focusing on the country’s crisis, this is a glaring sign of trouble.

Vladimir Frolov is president of LEFF Group, a government relations and PR company.
http://www.themoscowtimes.com/article/1
016/42/373438.htm

Putin’s Plan To Govern Russia Again Hits a Glitch: Law

December 30, 2008

One of Russia’s opposition parties has challenged the Kremlin‘s whirlwind legislative campaign to extend the term of the Russian presidency, saying it violates a law requiring parliament to wait a year before ratifying a constitutional amendment.

The protest by the pro-democracy Yabloko party could prove an unexpected hurdle for President Dmitry Medvedev‘s plan to extend the presidential term from four years to six years — a proposal that has prompted widespread speculation that his patron, Prime Minister Vladimir Putin, is preparing to return to the nation’s top post.

The Kremlin has moved unusually quickly to enact the amendment, pushing it through both houses of parliament and all 83 of the nation’s regional legislatures in less than 50 days. The upper house of parliament confirmed the votes from the regions and sent the measure to the Kremlin for Medvedev’s signature last week.

By Philip Pan
The Washington Post

But in a statement issued the same day, Yabloko objected to the move, pointing out that a clause in the 1998 law setting procedures for amending the constitution says the regions must be given a year to consider proposed amendments. Another clause says the upper house should confirm the votes by the regions in its first meeting after that year has passed.

“They’re completely ignoring the law,” said Sergei Mitrokhin, chairman of Yabloko. “Unfortunately, this happens quite often, but this is the first time the process has been ignored for such a significant issue as a constitutional amendment.”

Mitrokhin noted that the 1998 law does not provide an exception in the event the regions approve an amendment before a year has passed, and he argued it was written that way to prevent “legislators from making such important decisions so quickly.”

Read the rest:
http://www.washingtonpost.com/wp-dyn/content/art
icle/2008/12/29/AR2008122902474.html?hpid=artslot

Korean adultery actress sentenced

December 17, 2008

One of South Korea’s best-known actresses, Ok So-ri, has been given a suspended prison sentence of eight months for adultery.

She admitted the offence and the court suspended the sentence for two years.

The trial took place after Ms Ok failed to get the constitutional court to overturn the strict law that makes adultery a criminal offence.

BBC

South Korean actress Ok So-Ri leaves the court, 17/12/08
Ms Ok apologised for stirring up a controversy

In her petition she said the law was an infringement of human rights and amounted to revenge.

According to the BBC correspondent in Seoul, John Sudworth, the scandal has kept South Korea’s tabloid newspapers and internet chatrooms buzzing for months.

Read the rest:
http://news.bbc.co.uk/2/hi/asia-pacific/7786985.stm

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One of South Korea‘s most famous actresses was convicted of adultery Wednesday in a high-profile case that drew renewed attention to a decades-old law prohibiting extramarital affairs.

Ok So-ri, who was handed a suspended jail term, had lost a battle in October to have the ban declared unconstitutional.

“I would like to say I’m sorry for causing so much trouble to society,” a somber Ok told reporters after the verdict.

A district court in Goyang, near Seoul, handed Ok a suspended eight-month jail sentence, South Korean media reported, meaning she will not have to serve time. Ok’s lover received a six-month suspended term.

There was no immediate word on any plans for appeal.

The sensational sex-and-celebrities case has been tabloid fodder for months, with Ok’s challenge to the adultery law adding extra spice.

Last year, Ok acknowledged during a news conference that she had had an affair with an opera singer who was a friend of her husband for a few months in 2006. She stressed the affair was a result of her loveless marriage to actor Park Chul.

Actress Ok So-ri arrives for her trial at a court in Goyang, ... 

The court appeared to show some sympathy for Ok’s predicament.

“Though the fact of adultery should be criticized, (the court) issued this ruling taking into account that husband Park Chul’s responsibility was not small,” the court said, according to cable news channel YTN.

Read the rest:
http://news.yahoo.com/s/ap/20081217/ap_on_r
e_as/as_skorea_adultery_3

Legal Hurdle: Blagojevich Has A Big Mouth But Was A Crime Completed?

December 16, 2008

When Patrick J. Fitzgerald, the United States attorney in Chicago, announced the arrest of the Illinois governor, Rod R. Blagojevich, Mr. Fitzgerald said he had acted to halt a political crime spree that included what he called an “appalling” effort to sell off the Senate seat vacated by President-elect Barack Obama.

By Dvid Johnston
the New York Times 

Illinois Gov. Rod Blagojevich leaves a downtown office building Monday, Dec. 15, 
AP Photo By Spencer Green
.
But now some lawyers are beginning to suggest that the juiciest part of the case against Mr. Blagojevich, the part involving the Senate seat, may be less than airtight. There is no evidence, at least none that has been disclosed, that the governor actually received anything of value — and the Senate appointment has yet to be made.

Ever since the country’s founding, prosecutors, defense lawyers and juries have been trying to define the difference between criminality and political deal-making. They have never established a clear-cut line between the offensive and the illegal, and the hours of wiretapped conversations involving Mr. Blagojevich, filled with crass, profane talk about benefiting from the Senate vacancy, may fall into a legal gray area.

Robert S. Bennett, one of Washington’s best-known white-collar criminal defense lawyers, said Mr. Blagojevich faced nearly insurmountable legal problems in a case that includes a raft of corruption accusations unrelated to Mr. Obama’s Senate seat. But Mr. Bennett said the case raised some potentially thorny issues about political corruption.

“This town is full of people who call themselves ambassadors, and all they did was pay $200,000 or $300,000 to the Republican or Democratic Party,” said Mr. Bennett, referring to a passage in the criminal complaint filed against the governor suggesting that Mr. Blagojevich was interested in an ambassadorial appointment in return for the Senate seat. “You have to wonder, How much of this guy’s problem was his language, rather than what he really did?”

Read the rest:
http://www.nytimes.com/2008/12/16/us/politics/16legal.html?_r=1&hp

170 arrested in global child porn investigation

December 13, 2008

More than 170 people around the globe, including at least 61 in the United States, have been arrested in a major operation targeting international child pornographers, officials said Friday.

By Terry Frieden
CNN
.
So far, Operation Joint Hammer has rescued 11 girls in the United States, ages 3 to 13, who were sexually abused by child pornography producers, U.S. Attorney General Michael Mukasey and representatives of the European Union said at the Justice Department Friday.

Dozens more were located in Europe, including several young female victims in Ukraine.

Authorities found connections between producers, distributors and customers in nearly 30 countries as a single investigation grew to a global inquiry into the dark corners of brutality and child abuse.


U.S. child actress Miley Cyrus on the cover
of Vanity Fair Magazine….Criminal child porn
is well beyond this….

The investigation, code-named Operation Koala in Europe, was first developed when investigators determined a pornographic video found in Australia had been produced in Belgium.

Read the rest:
http://www.cnn.com/2008/CRIME/12/12/porn.arr
ests/index.html?section=cnn_latest