Supreme Court OKs early release plan for Calif. inmates

Attorney News 2013/08/02 08:40   Bookmark and Share
Despite warnings from California officials, the nation's highest court is refusing to delay the early release of nearly 10,000 California inmates by year's end to ease overcrowding at 33 adult prisons.

In its decision Friday, the Supreme Court dismissed an emergency request by the Gov. Jerry Brown to halt a lower court's directive for the early release.

Law enforcement officials expressed concern about the ruling.

The justices ignored efforts already under way to reduce prison populations and "chose instead to allow for the release of more felons into already overburdened communities," said Covina Police Chief Kim Raney, president of the California Police Chiefs Association.

Brown's office referred a request for comment to the California Department of Corrections and Rehabilitation, where Secretary Jeff Beard vowed that the state would press on with a still-pending appeal in hope of preventing the releases.

A panel of three federal judges had previously ordered the state to cut its prison population by nearly 8 percent to roughly 110,000 inmates by Dec. 31 to avoid conditions amounting to cruel and unusual punishment. That panel, responding to decades of lawsuits filed by inmates, repeatedly ordered early releases after finding inmates were needlessly dying and suffering because of inadequate medical and mental health care caused by overcrowding.

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Court: US can keep bin Laden photos under wraps

Attorney News 2013/05/21 10:50   Bookmark and Share
A federal appeals court is backing the U.S. government’s decision not to release photos and video taken of Osama bin Laden during and after a raid in which the terrorist leader was killed by U.S. commandos.

The three-judge panel of the U.S. Circuit Court of Appeals for the District of Columbia turned down an appeal Tuesday from Judicial Watch, a conservative watchdog group, which had filed a Freedom of Information Act request for the images.

The court said that the CIA properly withheld publication of the images. The court concluded that the photos used to conduct facial recognition analysis of bin Laden could reveal classified intelligence methods — and that images of bin Laden’s burial at sea could trigger violence against American citizens.

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San Bernardino Discrimination Lawyers - Employment Lawyers Group

Attorney News 2013/03/01 14:50   Bookmark and Share

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Pentagon lawyer: War on terror not endless

Attorney News 2012/12/03 18:54   Bookmark and Share
The war on terror is not an endless conflict and the U.S. is approaching a "tipping point" after which the military fight against al-Qaida will be replaced by a law enforcement and intelligence operation, the Pentagon's top lawyer has said.

Jeh Johnson told an audience at Oxford University that the core of al-Qaida is "degraded, disorganized and on the run," according to a transcript of Friday's speech.

Johnson, general counsel to the U.S. Defense Department, said that once most al-Qaida members are captured or killed, armed conflict would be replaced by "a counterterrorism effort against individuals" led by law enforcement and intelligence agencies.

His speech to the Oxford Union debating society marked rare public comments by a senior U.S. official about the end of the armed conflict launched after the Sept. 11 attacks.

Shortly after 9/11, U.S. legislators passed a law that essentially granted the White House open-ended authority for armed action against al-Qaida.

Despite a promise to close the Guantanamo Bay prison camp for terror suspects, President Barack Obama has largely carried forward the anti-terrorism policies of his predecessor, George W. Bush. He authorized the raid that killed al-Qaida leader Osama bin Laden and has expanded the use of unmanned drone strikes against targets in Pakistan and Yemen.
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Court grants appeals from 2 people without lawyers

Attorney News 2012/09/29 14:34   Bookmark and Share
Well-heeled clients pay tens of thousands of dollars to hit the legal jackpot — Supreme Court review of their appeals. But on Tuesday, the court decided to hear cases filed by two people who couldn't afford or didn't bother to hire an attorney.

One was written in pencil and submitted by an inmate at a federal prison in Pennsylvania. The other was filed by a man with no telephone living on Guam.

Neither case seems destined to join the ranks of Gideon v. Wainwright, the landmark 1960s case filed by a prisoner with no lawyer that established a criminal defendant's right to a lawyer. Both show, however, that when the court is looking to resolve finicky legal issues and the right case shows up, it doesn't matter whether the author of the appeal wears a natty suit or prison garb.

Longtime Supreme Court practitioner Tom Goldstein called the granting of two such lawyerless cases at the same time "unheard of." But both cases chosen by the justices will help resolve the ability of civilians to sue the government over claims of improper actions of federal and military employees on the job.

Kim Lee Millbrook, a prisoner at the federal prison in Lewisburg, Pa., sued the government after accusing prison guards at the Special Management Unit of sexually assaulting him in May 2010. Prison officials said Millbrook's claim was unsubstantiated.
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Court tosses law about false claims on medals

Attorney News 2012/06/29 09:56   Bookmark and Share
The Supreme Court on Thursday struck down a federal law making it a crime to lie about receiving the Medal of Honor and other prized military awards, with justices branding the false claim "contemptible" but nonetheless protected by the First Amendment.

The court voted 6-3 in favor of Xavier Alvarez, a former local elected official in California who falsely said he was a decorated war veteran and had pleaded guilty to violating the 2006 law, known as the Stolen Valor Act. The law, enacted when the U.S. was at war in Afghanistan and Iraq, was aimed at people making phony claims of heroism in battle.

The ruling, written by Justice Anthony Kennedy, ordered that the conviction be thrown out.

"Though few might find respondent's statements anything but contemptible, his right to make those statements is protected by the Constitution's guarantee of freedom of speech and expression. The Stolen Valor Act infringes upon speech protected by the First Amendment," Kennedy said.

The high court has in recent years rejected limits on speech. The justices struck down a federal ban on videos showing graphic violence against animals and rejected a state law intended to keep violent video games away from children. The court also turned aside the attempt by the father of a dead Marine to sue fundamentalist church members who staged a mocking protest at his son's funeral. In 1989, the court said the Constitution protects the burning of the American flag.
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