My Blog

Category: Law

  • Robber Armed with 2-by-4 on West Side (Rahm demands lumber registry)

    A police alert warns Lawndale residents about a robber who threatens and beats his victims with a 2-by-4.  …

    The robber was described as a black man with a dark complexion, between 5-foot-9 and 5-foot-11, weighing 150 to 160 pounds. He was last seen wearing a dark-colored baseball hat and a dark top, police said.via chicagotribune.com.

    Rahm immediately called for a lumber registry.  “What we need are common sense lumber laws to make sure these sorts of crimes don’t happen again.” the Mayor said at an unrelated press conference.  He followed-up saying, “No one is trying to ban lumber. That’s extremist language by the extremist National Lumber Association.”

  • Emanuel Plans Changes to City’s Gun Law

    A few days ago…

    Mayor Rahm Emanuel wants to rewrite Chicago’s firearm ordinance in response to a ruling by a federal judge who struck down a section of the city’s law he called vague and unconstitutional.  …

    Last week, U.S. District Judge Samuel Der-Yeghiayan called that regulation “indiscriminate and arbitrary.””There is something incongruent about a nonviolent person, who is not a felon but who is convicted of a misdemeanor offense of simple possession of a firearm, being forever barred from exercising his constitutional right to defend himself in his own home in Chicago against felons or violent criminals,” Der-Yeghiayan wrote.  …

    Having strong gun laws is part of the city’s overall approach to stemming violent crime, Emanuel said at an unrelated news conference.”Sensible, smart, targeted gun laws keep guns out of the hands of gangbangers and drug dealers,” Emanuel said, calling such laws “key to a strategy of reducing violence.”

    via chicagotribune.com.

    How’s that again Rahm?  You have the nation’s most restrictive gun law.  It’s failing miserably by any standard.  You have failed to ‘keep guns out of the hands of gangbangers and drug dealers.’  You have also failed to create any ‘strategy of reducing violence.’

    Rahm:  You should start by enforcing the existing state and federal laws already on the books.  First show that they are somehow inadequate before creating a whole new system of bureaucracy to harass law abiding citizens.

    Get a real Cook County State’s Attorney.  Get a real Illinois Attorney General.  If these prosecutors would charge crimes already on the books (e.g. felons with guns do federal time) you would not need any new laws to lock-up gangbangers and drug dealers.

  • Chicago’s Suburbs Corrupt Too

    A former Chicago alderman is pushing for the creation of a suburban inspector general’s office to thwart corruption in the 1,200-plus government agencies spread throughout the suburban landscape.

    In a report released Monday, Dick Simpson, a former alderman and current head of the University of Illinois at Chicago’s political science department, cited more than 100 cases over the past three decades involving suburban officials convicted of corruption.

    via DailyHerald.com.

    The article provides a couple of examples of corrupt behavior by suburban pols.  Nothing surprising; and missing some of the bigger players (Mayors Blaze & Stephens.)

    What’s missing from the article, and from the report apparently, is any mention of the dynamic duo of legal prosecution Ms. Anita Alvarez and Ms. Lisa Madigan.  Both of these positions have investigation divisions.  Each is certainly capable of putting corrupt politicians in jail.

    That Anita and Lisa simply refuse to protect the citizens from corrupt politicians means they both need to be replaced.

  • Obama’s Policy Strategy: Ignore Laws I Don’t Like

    “In many ways, President Obama has fulfilled the dream of an imperial presidency that Richard Nixon strived for. On everything from [DOMA] to the gaming laws, this is a president who is now functioning as a super legislator. He is effectively negating parts of the criminal code because he disagrees with them. That does go beyond the pale.”

    — Jonathan Turley, a constitutional law scholar at George Washington University Law School

    via POLITICO.com.

    This Jonathan Turley guy is no right-wing nut-job either.  This is a guy who wanted Obama to prosecute folks in GWB’s White House for the alleged use of torture.

    We don’t have kings in this country.  If a president is not willing to recognize the separation of powers enumerated in the constitution then they should not serve.

     

  • Obama’s Hand Forced on Illegal Immigration Issue

    Yesterday, a/k/a Thursday:

    U.S. Customs and Border Protection, the agency charged with guarding the U.S. borders, has written a secret draft policy that would let its agents catch and release low-priority illegal immigrants rather than bring them in for processing and prosecution.

    The policy, which has not been signed off on, would be the latest move by the Obama administration to set new priorities for the nation’s immigration services, and would bring CBP in line with other Homeland Security Department agencies that already use such “prosecutorial discretion.”

    via Washington Times.

    Today, a/k/a Friday:

    For years the administration had said it didn’t have the authority to make such a move, saying it couldn’t decide to stop deporting wide categories of people on its own without approval from Congress.

    But on Friday President Obama says administration now interprets the law to give it the discretion.

    “Effective immediately, the Department of Homeland Security is taking steps to lift the shadow of deportation from these young people,” Mr. Obama said in an appearance in the White House Rose Garden. “Over the next few months, eligible individuals who do not present a risk to national security or public safety will be able to request temporary relief from deportation proceedings and apply for work authorization.”

    via Washington Times.

    Looks to me like the Washington Times was doing some journalism — printing something that someone did not want printed — and may have forced the issue.  Obama may have wanted to hold this under his hat for a few more days, weeks, or months.  Although slipping in the polls (and needed the Latino vote) a Friday afternoon may not be the best time to announce this program.  He’s going to get torn apart on the Sunday morning shows.

    How do we know this is going to backfire?  Because even the MSM can’t help but call it what it is; from the AP:

    The Obama administration will stop deporting and begin granting work permits to younger illegal immigrants who came to the U.S. as children and have since led law-abiding lives. The election-year initiative addresses a top priority of an influential Latino electorate that has been vocal in its opposition to administration deportation policies.

    via Deseret News.

    It’s simple pandering. Obama will let your families stay in the country as long as you get him reelected.

    The biggest losers here are of course those who are those who happen to be poor, uneducated.  It’s not a stretch to say that most Latino illegal immigrants are not college educated; but they are willing to work.  The jobs they take come directly at the expense of American citizens who should get priority over someone who’s not even supposed to be here.

    Further, the financial impact of hiring Latinos — who send massive amounts of money home — instead of American citizens — who would spend nearly all the money here in the U.S. — is staggering.

    Lastly, we live in a country with three branches of government.  One cannot overstep the other.  This action today is most likely illegal and will end up being settled by the courts well after the election.  Obama, a former constitutional law professor, knows this.  But he doesn’t care.

    This is all about his winning in November.

  • How America Will Fail

    [youtube http://www.youtube.com/watch?v=CZ-4gnNz0vc?rel=0]

  • Michigan’s Armed Raids on Small Pig Farmers

    NaturalNews can now confirm that the Michigan Department of Natural Resources has, in total violation of the Fourth Amendment, conducted two armed raids on pig farmers in that state, one in Kalkaska County at Fife Lake and another in Cheboygan County. Staging raids involving six vehicles and ten armed men, DN[R] conducted unconstitutional, illegal and arguably criminal armed raids on these two farms with the intent of shooting all the farmers’ pigs under a bizarre new “Invasive Species Order” (ISO) that has suddenly declared traditional livestock to be an invasive species.

    via Natural News.

    It’s worth noting that Natural News’ writing contains some hyperbole.  So I went looking for another source for the story….

    Implementation of the ISO, as of April 1st, not only takes private property without compensation it also denies farmers of fundamental private property rights and the right to make a living.  It will reduce or eliminate customer access to heritage breed pork, a product that has become increasingly popular with health conscious consumers and restaurants across the state.

    The ISO allows DNR to seize and destroy pigs raised by Michigan farmers; Michigan DNR has publicly stated they will not compensate farmers whose pigs are destroyed. Possession of prohibited swine after April 1, 2012 is a felony with penalties of up to two years in jail and $20,000 in fines.

    Attorney Joseph O’Leary is suing the DNR on behalf of four of the aggrieved business owners. He explains, “Wildlife is owned by the state; it is the role of the DNR to regulate and control state property. Livestock on farms is privately owned and properly belongs in the jurisdiction of the Department of Agriculture. When a governmental agency blurs these lines, people had better wake up and take notice because at that point we are all in a lot of trouble.”

    via Global News Wire.

    A little more perspective there.  And I tend to agree with attorney O’Leary.  Government intrusion into our private lives rarely ends well.  This story reminds me of Reagan’s old line about the nine most terrifying words in the English language being, “I’m from the government and I’m here to help.”

    But we still don’t know what’s really going on here.  Why is the Michigan DNR going after small pig farmers in the first place?

    The Michigan Pork Producers Association and other large agribusiness interests, as well as conservation groups have worked together with the DNR to push for the ruling to be implemented. For the factory pork breeders, this is about eliminating the competition. The ISO ensures consumers will only have the choice of pork raised in confinement, known as confined animal feeding operations (CAFOs).For more than a decade, the Michigan Department of Natural Resources has worked politically to drive private hunting preserves out of business. However, the Michigan state legislature repeatedly rebuffed their attempts. Elected officials recognize how important private property rights are, and they were unwilling to prohibit landowners to raise and harvest animals in open areas. Now, backed by large Agribusiness interests in the state, DNR has done an end run around participatory democracy and declared swine with certain characteristics “feral” which not only includes animals raised at hunting preserves but thousands of other small farms across the state.

    “The DNR has strayed into the unfamiliar territory of agriculture regulation. Given the nebulous and open ended description by which pigs are targeted, farmers fear for their futures,” says Pete Kennedy, Esq., President of the Farm-to-Consumer Legal Defense Fund.

    Wow!

    You see, it doesn’t matter whether it’s the GSA partying in Vegas or the MI DNR, power corrupts and absolute power corrupts absolutely.  People placed in positions of power will abuse that power if not constantly checked on by the people.

    I hope this story gets some MSM attention and people understand that the few should not get away with oppressing the many.

  • WI State Rep. Wants to Repeal Castle Doctrine

    Sounds to me like Rep. Tamara Grigsby is too dumb to understand the difference between the Castle Doctrine and Self Defense. While related, they are not the same. Just another Milwaukee liberal trying to make sure that a criminal has more rights than a victim.

  • $3.6M Settlement in Alleged Police Misconduct Case

    A key City Council committee Monday signed off on a $3.6 million settlement in a lawsuit filed by a man who spent nearly 10 years in prison for an attack on a woman who later said she made a mistake when she identified him as her assailant.

    Robert Wilson had sought $9.9 million, a figure reflecting the nine years and nine months he spent behind bars on an attempted murder conviction before he was released in 2006, said Leslie Darling, an attorney for the city. Wilson, who alleged that his confession to the crime was coerced, was pardoned in 2008 by Gov. Rod Blagojevich.

    “I think he deserves $10 million,” said Ald. Proco “Joe” Moreno, 1st. “In this case, I think approving the $3.6 million is a cost-saving measure and quite prudent.”

    …

    If the deals are approved, Mayor Rahm Emanuel’s administration will have settled nine cases involving alleged police misconduct for a total of $9.4 million since September. All the alleged misconduct — ranging from improper response to medical needs to railroading innocent defendants — occurred during the 22-year tenure of former Mayor Richard Daley.

    via Chicago Tribune.

    Of course the 800 pound gorilla in the room is Jon Burge.  The fallout from this corrupt cop’s actions have only begun to spill.  And lest we forget who was the Cook County State’s Attorney while Burge was running roughshod over the South Side?  Ya, none other than Da Mare himself, Richard Daley.

    Our children’s children will pay for the corruption of the Daley years.  And yet history will probably be kind to him.  It’s a very sad state of affairs.

  • No Warrant Needed to Search Cell Phone

    … The U.S. Court of Appeals for the 7th Circuit ruled it is now legal for police to search cell phones without a warrant.  …

    The decision stems from an Indiana case where police arrested a man for dealing drugs. An officer searched the suspect’s cell phone without warrant.

    The judge in the appeal case, Judge Richard Posner, agreed that the officer had to search the phone immediately or risk losing valuable evidence. Judge Posner ruled it was a matter of urgency, arguing it was possible for an accomplice to wipe the phone clean using a computer or other remote device.

    Defenbaugh says the ruling takes into account exigent or time-sensitive circumstances that could be life saving in more urgent cases, such as child abduction. ”If the child is alive and you’re only minutes behind, that could be critical to recovering that child alive,” added Defenbaugh.

    via CBS Dallas / Fort Worth.

    Again, the 7th Circuit shows that it’s inept.  This case needs to go upstairs to the USSC and be corrected right away.

    Note that the actual facts of the case so not present any “child abduction” or any other life or death situation.  Yet this is the hypothetical the court relies on in order to make its case.

    It again reminds me of the Simpson’s.

    There were no facts in this case that present any “exigent circumstances” that required police to take immediate action (yes, I know this sentence is redundant.)

    And even IF the police were concerned about the spoliation of evidence by someone other than the person in custody using a computer to delete evidence on the cell phone there is a very simply solution.  TURN OFF THE PHONE.  Take it back to the lab and let the boys and girls with glasses and pocket-protectors have at it — AFTER YOU HAVE THE WARRANT.

    This is another example of our civil rights being eroded by a government that wants absolute control over every aspect of your life.