bill of rights

Judge ‘Troubled’ by DOJ Position in Drone Strike Case

"A Washington federal judge today said she was 'troubled' by the U.S. Department of Justice's position that the courts are powerless to hear a challenge of the government's ability to target and kill U.S. citizens abroad. Deputy Assistant Attorney General Brian Hauck argued there was a difference between having a constitutional right—which he said could be protected by the executive and legislative branches—and being able to make constitutional claims in court. Collyer countered that not being able to access the courts would deprive citizens of the ability to enforce their rights." Continue reading →

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A Citizen Can Be Handcuffed And Driven To A Different Location But Still Not Be “Under Arrest”

"The Portland police and City Attorney are making an argument in federal court this month that gives another glimpse into the increasing claims of authority of police in our society. Scott Miller was stopped for jaywalking by Officer Dean Halley in 2010 and admitted that he committed the common violation of pedestrians. The officer however proceeded to handcuff him, tell him 'you’re under arrest,' throw him into the back of a cruiser and then drove him a block away. He was in custody for about 30 minutes, but Deputy City Attorney William Manlove is arguing that citizens cannot sue because such acts do not constitute an actual arrest." Continue reading →

Continue ReadingA Citizen Can Be Handcuffed And Driven To A Different Location But Still Not Be “Under Arrest”

When Are Tax Penalties Excessive?

"In a civil lawsuit that has attracted notice among tax experts, the government wants to collect nearly $3.5 million in penalties from a taxpayer who had a secret Swiss account, although the account balance was never higher than $1.7 million. The lawsuit, U.S. v. Carl R. Zwerner , was filed in federal court in Miami last month. Spokesmen for the Justice Department and Internal Revenue Service declined to comment on the case. Mr. Zwerner, 86 years old, is a retired specialty-glass importer living in Coral Gables, Fla. The U.S. government alleges he had an undeclared account at an ABN Amro bank in Switzerland from 2004 through 2007." Continue reading →

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Justin Raimondo: Is America a Free Country?

"Jimmy Carter is making waves: 'America does not have a functioning democracy at this point in time,' he told a meeting of the American Bridge, held in Atlanta, when asked about Edward Snowden’s exposure of Washington’s secret global surveillance system. Carter’s previous statements about the Snowden affair were mildly supportive. Yet this new statement goes way beyond that: it is a sweeping condemnation of the current regime. That a former US President would say such a thing has got to be the scariest public pronouncement I’ve heard since the Watergate era. What’s even scarier: Carter is right." Continue reading →

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Valet-parked cars at airport searched under TSA regulations

"If security feels it is necessary to search some cars in the name of safety, why not search all of them? Laurie Iacuzza walked to her waiting car at the Greater Rochester International Airport after returning from a trip and that's when she found it -- a notice saying her car was inspected after she left for her flight. She said, 'I was furious. They never mentioned it to me when I booked the valet or when I picked up the car or when I dropped it off.' Iacuzza's car was inspected by valet attendants on orders from the TSA. But why only valet parked cars?" Continue reading →

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Police need warrants to track cell-phone data, N.J. Supreme Court rules

"The state Supreme Court ruled today that law enforcement agencies must get warrants if they want to track crime suspects by tracing the signals from their cell phones. 'Cell phones are not meant to serve as tracking devices to locate their owners wherever they may be,' Chief Justice Stuart Rabner wrote in the 7-0 decision. The state’s high court is the first in the country to impose such a ruling, and former state justices and legal experts said the decision could ripple throughout the states and in federal courts wrestling with the same questions on the collection and use of electronic data." Continue reading →

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Nasser Al-Awlaki: The Drone That Killed My Grandson

"The missile killed him, his teenage cousin and at least five other civilians on Oct. 14, 2011, while the boys were eating dinner at an open-air restaurant in southern Yemen. I visited the site later, once I was able to bear the pain of seeing where he sat in his final moments. Local residents told me his body was blown to pieces. They showed me the grave where they buried his remains. I stood over it, asking why my grandchild was dead. Nearly two years later, I still have no answers. The United States government has refused to explain why Abdulrahman was killed. A country that believes it does not even need to answer for killing its own is not the America I once knew." Continue reading →

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Jimmy Carter Defends Edward Snowden, Says NSA Spying Has Compromised Nation’s Democracy

"Former President Jimmy Carter announced support for NSA whistleblower Edward Snowden this week, saying that his uncovering of the agency's massive surveillance programs had proven 'beneficial.' Speaking at a closed-door event in Atlanta covered by German newspaper Der Spiegel, Carter also criticized the NSA's domestic spying as damaging to the core of the nation's principles. 'America does not have a functioning democracy at this point in time,' Carter said, according to a translation by Inquisitr. No American outlets covered Carter's speech." Continue reading →

Continue ReadingJimmy Carter Defends Edward Snowden, Says NSA Spying Has Compromised Nation’s Democracy

Snowden’s surveillance leaks open way for challenges to programs’ constitutionality

"At least five cases have been filed in federal courts since the government’s widespread collection of telephone and Internet records was revealed last month. The lawsuits primarily target a program that scoops up the telephone records of millions of Americans from U.S. telecommunications companies. Such cases face formidable obstacles. The government tends to fiercely resist them on national security grounds, and the surveillance is so secret that it’s hard to prove who was targeted. Nearly all of the roughly 70 suits filed after the George W. Bush administration’s warrantless wiretapping was disclosed in 2005 have been dismissed." Continue reading →

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