Posts Tagged ‘federal court’

Bob McCarty

Oklahoma City Bombing Videotapes Subject of Federal Court Hearing in Salt Lake City May 11

by Bob McCarty

More than 18 months after publishing a piece about the whereabouts of the unedited versions of the Oklahoma City Bombing surveillance tapes, I learned Wednesday that a federal court hearing concerning a Freedom of Information Act request for those videotapes is set to take place May 11 in Salt Lake City.

The hearing will take place with Judge Clark Waddoups presiding in the U.S. District Court for the District of Utah, Central Division. It comes some three and a half years after Utah attorney Jesse Trentadue used FOIA to request the FBI turn over copies of surveillance video captured April 19, 1995, by more than 20 cameras operating in the vicinity of the Alfred P. Murrah Federal Building in downtown Oklahoma City.

I don’t agree with Trentadue’s belief that the bombing was likely a U.S. government-sponsored operation; instead, I side with the conclusions offered by Jayna Davis, award-winning investigative reporter and best-selling author, in her 2004 book, “The Third Terrorist: The Middle East Connection to the Oklahoma City Bombing.” Still, I remain troubled that the FBI has fought the release of videotape footage likely to reveal the identity of at least one additional person involved in the bombing that took place less than 30 minutes from where I was living at the time.

Specifically, Trentadue requested footage captured prior to 9:02 a.m. Central, when a truck bomb exploded, killing 168 people, and footage from the dashboard camera of Oklahoma Highway Patrolman Charles Hanger’s vehicle showing the arrest of Timothy McVeigh. He received footage from several cameras, but not from the cameras on the Murrah Building itself; hence, the reason for the May 11 hearing.

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Bob Ewing

BIG NEWS: Federal Court Halts Shocking Property Rights Abuse

by Bob Ewing

You really have to see this one to believe it:


The video above was just released by the Institute for Justice. It begins with an elderly woman lamenting:

When my son came back from Kuwait he couldn’t believe it.  He said, “Mom, what’s going on?” And I said, well they want to get rid of us and they’re finally doing it.  He was upset.  He said, “I’m sorry, I’m halfway around the world to help other people and I can’t even help my own mom keep her own home.”

For the past ten years, township officials in Mount Holly have been destroying a close-knit community called the Gardens.  They’ve been recklessly bulldozing select individual row-houses — even when they are attached to occupied homes — to make way for fancier homes for richer people.  The current owners have never been offered a place in the new redevelopment, or enough money to buy comparable home nearby.

A new Institute for Justice study, available here, shows that this redevelopment project may result in a loss of one million dollars every year, one tenth of the township’s budget.

Despite these terrible conditions, the community never gave up hope.  They continued to fight against all odds for their cherished neighborhood.   And on Wednesday, a federal court came to their defense.

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Publius

Second Federal Judge Strikes Down Obamacare

by Publius

From Reuters:


A judge in Florida on Monday became the second judge to declare President Barack Obama’s healthcare reform law unconstitutional, in the biggest legal challenge yet to federal authority to enact the law.

U.S. District Judge Roger Vinson, appointed to the bench by President Ronald Reagan in 1983, ruled that the reform law’s so-called “individual mandate” went too far in requiring that Americans start buying health insurance in 2014 or pay a penalty.

“Because the individual mandate is unconstitutional and not severable, the entire act must be declared void. This has been a difficult decision to reach, and I am aware that it will have indeterminable implications,” Vinson wrote.

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Bob Ewing

Puppies + Bureaucrats = Federal Free Speech Lawsuit

by Bob Ewing

What do you get when you mix bureaucrats with a bunch of adorable puppies?

In Kim Houghton’s case, you get a major First Amendment lawsuit.


Kim Houghton decided after a successful, 20-year career in advertising that she wanted more.  She wanted to realize her American Dream and become an entrepreneur in a business focused on dogs.

She had the gumption to quit her job and make her dream come true:  Wag More Dogs is a high-end canine daycare located next to a popular dog park in Arlington, Virginia.  Kim commissioned an outdoor mural on her wall that has cartoon dogs, bones and paw prints as a way to give something back to the park she’d frequented for years, and build up some good will for her new business.

The mural was a big hit.  After all, who doesn’t like puppies?   Things were smooth for a few months.

And then Arlington bureaucrats got involved.

Officials blocked Kim’s building permit and told her that she could not open unless she painted over the mural or covered it with a blue tarp.

Her crime?

Painting a piece of art that—in the eyes of government officials—had too strong a “relationship” to her business.

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Bob Ewing

Can a City’s Budget Priorities Trump the Constitution?

by Bob Ewing

On Tuesday the Institute for Justice went to federal court to find out.


Two years ago IJ teamed up with three Philadelphia tour guides to file a major First Amendment lawsuit seeking to vindicate the freedom to speak in Philadelphia.

Ann Boulais, Mike Tait and Josh Silver sued because officials passed a law making it illegal for anyone like them to give a tour of much of the city’s downtown area without first passing a test and obtaining a government license—that is, getting the government’s permission to speak.

The case immediately sparked nationwide interest.  Robert McNamara, the First Amendment expert who filed the case, appeared on shows like All Things Considered and Marketplace to point out that the Constitution protects our right to communicate for a living, whether we are speaking out as bloggers, journalists, stand-up comedians or tour guides.

The Wall Street Journal ran a front-page feature:

Feeling tyrannized, Ms. [Ann] Boulais and two fellow guides summoned the constitution’s protections by suing the city in Philadelphia Federal court. The history test, they claimed, breached the Bill of Rights — a set of rules, as any good guide should know, that took effect while Congress sat here at 6th and Chestnut streets, on Dec. 15, 1791.

Of course, the guides are quick to point out that officials are violating fundamental American liberties in the very place those liberties were first enshrined in our Constitution.

In 2009, a year after the suit was filed, the city asked a federal judge to dismiss the case.  Their reason?  They had not allocated money in their 2009 budget to enforce the law right away.

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Bob Ewing

IJ Scores Major Legal Victory for Free Speech

by Bob Ewing

Karen Sampson and her Colorado neighbors just won a serious victory for liberty.

In a unanimous decision on Tuesday, the 10th U.S. Circuit Court of Appeals struck down Colorado’s disclosure laws for grassroots political groups.  This is a big deal.  As the Associated Press put it, “The issue is ripe for an appeal to the U.S. Supreme Court.”

The federal appellate court held that Karen and her neighbors in the tiny subdivision of Parker North, Colo., should not have been forced to register with the government and comply with burdensome campaign finance laws simply for opposing a ballot issue involving the annexation of their neighborhood.


I wrote previously at Big Government that Karen and her neighbors opposed an effort to annex their town into a neighboring city because it would raise their taxes without providing them benefits.  So they printed up fliers and yard signs.  And then they got sued.

Under what basis?  Colorado’s campaign finance laws, which state that any group of individuals that spends over $200 magically becomes an “issue committee” that is forced to register with the state.  Further, they had to track and report all their “contributions” and “expenditures” and disclose the identities of anyone who gave them money.

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Capitol Confidential

Federal Judge Colluded with Prosecutors and Law Enforcement, then Presided over Trial

by Capitol Confidential

A federal judge conspired with the Bush Department of Justice to plan the largest immigration raid ever in the United States, and then presided over the trial of the plant’s manager, eventually sentencing him beyond even prosecutors’ recommendation.

rubashkin1

New documents show Linda Reade, the chief judge of the U.S. District Court for the Northern District of Iowa, was involved in the planning of the Immigrations and Customs Enforcement raid on the Agriprocessors kosher meatpacking plant at least six months before it occurred in May 2008. She asked for briefings from law enforcement and went as far as to ensure the raid was conducted around her vacation schedule.

But the judge never said a word of this to the defense lawyers for Sholom Rubashkin, the Agriprocessors manager, when she presided over his trial on bank fraud. She didn’t recuse herself from the case, either.

Rubashkin was convicted of causing $20 million in loses to a bank because he overstated Agriprocessors’ assets to get a larger loan. The raid destroyed Agriprocessors and the bank then called the loan. Reade sentenced Rubashkin in June to 27 years in prison. That’s more than Jeffrey Skilling, convicted of causing $80 million in losses from Enron, who got 24 years. And Dennis Kozlowski, the former CEO of Tyco, got 8 ½ to 25 years in prison for a $150 million fraud.

Rubashkin’s sentence is extreme, especially for a first-time, non-violent offender. After all, six former U.S. attorneys general sent Judge Reade a letter arguing against a multi-decade sentence for Rubashkin before she announced her decision. And prosecutors asked for 25 years.

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Bob Ewing

Supreme Court to Consider School Tax-Credit Program

by Bob Ewing

Today the Institute for Justice filed opening briefs in our fourth case to appear before the U.S. Supreme Court.

IJ’s first trip to the high court came in 2002 and resulted in a landmark victory for school choice.  We also won our second U.S. Supreme Court case, defending the American ideals of economic liberty and unfettered interstate commerce by striking down a ban on the direct shipment of wine.

Our third case changed America forever.  A local government in Connecticut decided to bulldoze an entire neighborhood and hand the land over to a politically connected private developer.  The law was stacked against the property owners in favor of the powerful special interests.  IJ, defending the property owners, lost in a controversial 5-4 ruling.

This was the infamous Kelo case, and it resulted in an explosion of outrage and grassroots activism all across the country.  Ed Morrissey recently wrote at Hot Air that it arguably set “the stage for the all-out eruption of Tea Party activism a few years later.” This epic battle to protect private property rights, ultimately vindicated by grassroots activists just like you, is one that will never be forgotten:


And now, as children nationwide get ready to begin a new school year, the Institute for Justice is defending Arizona’s innovative scholarship tax-credit program before the highest court in the land.

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Bob Ewing

Bookmark Makenolaw.org: Join the Nationwide Fight to Save Free Speech

by Bob Ewing

There’s a new site to add to your blogroll:  Congress Shall Make No Law.

quiet

The site, which has the address makenolaw.org, empowers grassroots activists from around the country that are standing up and saying no to unconstitutional attacks on free speech coming in the guise of campaign finance reform.  The site explains all the latest news and events going on in this increasingly complex area of law.  All of the writers are First Amendment attorneys and experts at the Institute for Justice (IJ)—the libertarian law firm dedicated to striking down campaign finance laws in state and federal courts.

The unfortunate reality is this:  Campaign finance laws are a way to regulate speech and silence speakers.  And they have seriously negative impacts on everyday Americans.

Consider Karen Sampson of Parker North, Colorado:

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Ken Blackwell and  Ken Klukowski

De-Fund Holder’s Manhattan Transfer

by Ken Blackwell and Ken Klukowski

Ex-White House counsel Greg Craig thought it was a good idea to transfer Elián Gonzalez from the arms of his loving family in Miami into the arms of Fidel Castro. Transfer Elián from Florida to Cuba. Bad idea. Attorney General Janet Reno thought she might have to prove her toughness by transferring dozens of women and children from a Waco cult headquarters to eternity. Really bad idea.

But Eric Holder’s plan to transfer Khalid Sheikh Mohammed from Guantánamo Bay to Manhattan for a civilian trial is perhaps liberals’ worst idea in years. KSM and his cohorts had agreed to plead guilty before a military tribunal, accept a sentence of death, and speedily rendezvous with their 72 ladies-in-waiting.

TERROR CHIEF PAKISTAN

This offer of an efficient way out for the administration was not good enough for Attorney General Eric Holder. He insists on trying the terrorists before a civilian jury in federal court, just a few hundred yards from Ground Zero. Next to martyrdom and a free trip to paradise, this has to be the terrorists’ wildest dream.

No turbaned genie ever appeared out of Aladdin’s lamp to grant three greater wishes than these. KSM to Genie: One, I want to exploit my status as mass-murdering terrorist; Two, I want to inflict even greater pain and suffering on the families of those thousands whom I’ve murdered; Three, I want to make my trial a magnet for my brother jihadists throughout the world.

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