Warning on 'education meltdown' Nov 19, 2009
"If I read the standing orders of the assembly correctly, it's now impossible to put through the bill before 31 December. "The assembly would have to set aside the standing orders, which could still happen, but my understanding of due process is that it is almost impossible. " ESA was conceived as part of the Review of Public Administration, which was designed to streamline bureaucracy. It was originally supposed to come into operation in April 2008, but the date was put back to January 2010... (BBC News -- UK)
Limbaugh attorneys unearth precedent Nov 19, 2009
Rush Limbaugh's lawyers pulled a "gotcha!" out of their hat Thursday, pointing an appeals court to one of its own decisions forbidding the seizure of medical information without due process. Attorneys for the conservative talk-show icon wrote in a brief before the 4th District Court of Appeal that the same court ruled two years ago that a DUI suspects' blood test could not be used in a criminal case against him because a state consent law had not been followed. (Yahoo News -- Rush Limbaugh)
Residents Oppose Health Center Near School Nov 19, 2009
We had no meaningful opportunity to make any significant contribution to the planning process and that's called violation of due process, said Spring Valley resident Gary Moss ... You'd have to be an evil person to try and stop that, but we are against due process not happening and not being able to give some input into something that will directly affect us, said resident Liz McGrath. (KLAS-TV.com, NV)
RedState Morning Briefing Nov 19, 2009
Let me be crystal clear: it is precisely because I believe in our system of due process in a civil setting that I do not want Khalid Sheikh Mohammed tried in such a setting. The left ignores this at its peril. (Human Events Online)
Accused Terrorist's Rights Not Violated by Military Counsel's Removal, Judge Finds Nov 19, 2009
Colwell and Reiter were informed by the Pentagon on Sept. 1 that they would not be allowed to remain on the case and Ghailani asked Kaplan to declare that their removal would violate his right to due process under the Fifth Amendment and his Sixth Amendment right to counsel. JURISDICTION ESTABLISHED. (Law.com)
Duncan gets his day in court Nov 19, 2009
The defense claims steps were skipped and the executive branch, meaning the ABD, decided Duncans guilt without due process. The state doesnt see it that way. (Keokuk Daily Gate City, IO)
Rees reforms pre-empt Keneally rebuke Nov 18, 2009
It also says: ''The coffee shop meetings between departmental officials and Mr Richardson raises concerns regarding due process with informal meetings providing an opening for special access to be granted to certain individuals. . (Sydney Morning Herald -- Australia)
DRDGold angry about retrenchment claims Nov 18, 2009
Solidarity said on Tuesday that it had this week lodged an application with the Labour Court for an urgent interdict against DRDGold in a bid to get the company to follow due process regarding its planned retrenchments. The trade union said the company refused several applications by Solidarity to be involved in the Section 189 process. (Business Report, South Africa)
Amnesty International organises seminar on human rights for journalists Nov 18, 2009
He said justice required an individual to be formally charged before a court and subjected to due process of law to adjudicate his or her guilt. Mr. Doyi noted that causes of mob action in Ghana were due to poor police-civilian relations, impatience on the part of many Ghanaians to wait for the law to take its course, an under-resourced police force, growing crime rate, a slow and over-burdened judiciary, lack of trust in the judicial system and failure of public institutions. (Ghana Web, Ghana)
Investigation of former Lake Hallie clerk proceeds Nov 18, 2009
Amazing wrote on Nov 17, 2009 5:35 PM:" Bob,I gather you missed the part that Falconer was accused not charged, perhaps because the allegations are false?! What has happened to due process. And obviously Bob you don't know how governmental employment works. Besides the fact that in the article Lehmann states the board action and the investigations are separate actions, so obviously the termination was not due to the investigation. It was probably due to the board taking allegations as fact and... (Chippewa Falls Chippewa Herald, WI)
PREVIOUSLY: Death penalty will be sought for 9/11 defendants Nov 18, 2009
Obama's opponent last year, said "today's decision sends a mixed message about America's resolve in the fight against terrorism. "We are at war, and we must bring terrorists to justice in a manner consistent with the horrific acts of war they have committed," he said, noting his preference for trials before military tribunals. Just two days after he took office, Obama signed one executive order to close Guantanamo within a year and another banning torture during interrogations of terrorist... (USA Today)
Judge Tells Defense Lawyers to Hire Private Security in Blackwater Case Nov 18, 2009
The judge declined to speculate on whether there may come a time when "fundamental fairness and due process require the government to take a more direct role in providing security measures to defense counsel conducting a pretrial investigation in a hostile foreign war zone." Justice Department lawyers urged Urbina to reject the defense request. Government attorneys said Urbina had no authority to compel the military to provide a security detail for civilian attorneys traveling in Iraq. (Law.com)
Court: N.Y. Attorney General May Subpoena Lawyers' Records for Pension Fraud Probe Nov 17, 2009
Roemer's firm, along with Albany-based DeGraff, Foy & Kunz, represent attorneys who have on statutory and due process grounds. So far, more than 60 individuals, nearly all attorneys, have had their pensions either revoked or rescinded as a result of the probe. (Law.com)
Pembroke Pines sued over red light cameras Nov 17, 2009
But drivers in the class action suit filed at the end of September say such cameras violate their due process and equal protection rights. The city's camera, posted at Southwest 129th Avenue and Pines Boulevard, has so far resulted in roughly 1,580 citations and generated $90,000 since March, when fines were first issued. (The Palm Beach Post)
Butchertown's butchers under fire Nov 17, 2009
The association also is suing in Jefferson Circuit Court to have the board's decision thrown out, arguing that it violated due process. The lawsuit also seeks to force the board to consider whether a slaughtering plant fits with today's land uses in Butchertown. (Courier-Journal -- Business)
New York Court Is Best Place for Worst Terrorists Nov 17, 2009
Military prosecutors who resigned from the commission in protest bolstered critics claims that the tribunals were designed to insure convictions regardless of proof, not to offer real due process as American standards demand ... The biggest advantage to using federal courts in this case is because its a public forum which promises the accused due process, no matter how despicable the crime or how solid the evidence of guilt. (Bloomberg -- Columnists)
Sexual Harassment Lawsuit Nov 17, 2009
To Political Hack wrote on Nov 7, 2009 6:42 PM:" It's called "proof", and "truth". Allegations are just that. He said, she said, they said.No real substance to become unnerved.I personally know two of the three ladies who have filed the lawsuit. Truth is they were never cut out to perform law enforcement personnel. It's also called; prolonging a pay check because you have been fired or quit your job. Poor Toby is working his butt off to help Louis clean up the Parish. Some folks just don't "get... (New Iberia, LA)
Trial and Terror Nov 17, 2009
Do we grant them self-representation but withhold critical discovery and thus risk reversal on due process grounds. Or do we grant them self-representation and disclose directly to our wartime enemies the nation's security secrets, which they can then pass on to confederates who are actively targeting us for mass-murder attacks. (CBS News)
High Court Won't Hear Complaint About Redskins Nov 17, 2009
Stay on top of breaking news. Sign up for ABC 7 News e-mail alerts. (ABC 7 News, DC)
The Sixth Annual Gibbs Golden Turkey Awards Nov 17, 2009
Quite obviously the RIANZ and the New Zealand parliament are nominated for willful infringement of people's right to due process and very suspicious politics. Since then France, which was considering similar legislation, sold its soul by enacting a law that Boing-Boing summarized as a "law that lets entertainment goons take your family off the net if one member is accused (without evidence) of violating copyright." France is nominated for a Dinde D'Or for apparently forgetting the meaning of its... (San Francisco Chronicle -- Technology)
Opinion: Put bin Laden on trial Nov 16, 2009
While the forthcoming trial of Khalid Sheikh Mohammed and several figures allegedly involved in plotting the 9/11 attacks in New York will be helpful, nothing would help more than if Osama bin Laden were captured, afforded full due process and put on trial ... A trial for bin Laden, undertaken with due process, would not only help the United States take back the moral high ground in the court of global opinion, it would also serve as a powerful counterpoint to the indiscriminate barbarism of bin... (CNN)
Palm Bay in tangle over code violations Nov 16, 2009
He said the reason a notice of the hearing must be sent is to give people due process under the law. "There's a lot of reasons the steps need to be followed as set forth in the statutes," Hamilton said. (Florida Today)
U.S.-style justice Nov 16, 2009
The decision to bring the notorious al Qaeda suspects from Guantanamo Bay to the United States for trial should help advance the Obama administration's pledge to close the facility in Cuba, where the prolonged holding of detainees without due process has cast a shadow on this nation's expressed reverence for human rights. Mohammed has called the Sept. 11, 2001, terrorism attacks, which caused nearly 3,000 deaths, a "noble victory." He said U.S. authorities should "give me no respite.". (San Francisco Chronicle -- Opinion)
Holder’s Improvisation Risks Too Much Nov 16, 2009
Critics have argued for years that the approach proposed by the Bush administration, trial by military commissions at Guantanamo, would deny essential elements of due process for the accused. Under prompting from the Supreme Court, the procedural standards for these commissions have been repeatedly tightened. (Human Events Online)
Read Chris Wallace's interview Nov 16, 2009
And they have to be treated, I think, fairly but with all due process, but with great, I think, sensitivity to the crimes they've committed against America. The attorney general pointed out very clearly that there are several factors the location of the incident, the type of victims, the investigative services that are engaged in this process and that led him to conclude that the best forum and also, I think as a prosecutor the best forum to guarantee the success of the prosecution was a federal... (Fox News)
* 9/11 plotters to be tried in New York Nov 15, 2009
The transfer of cases to federal court is a huge victory for restoring due process and the rule of law, as well as repairing Americas international standing, an essential part of ensuring our national security, said Anthony Romero, the groups executive director. We can now finally achieve the real and reliable justice that Americans deserve. (Taipei Times, Taiwan -- World)
Obama criticised for plan to try 9/11 plotters Nov 15, 2009
November 15, 2009 - 9:39AM. US President Barack Obama faced criticism on Saturday for a decision to try the alleged mastermind of the 9/11 attacks in a civilian court just steps from Ground Zero, with victims' families and political foes voicing opposition. (Sydney Morning Herald -- World)
What others say: Calling out the CIA Nov 15, 2009
We don't like renditions and generally think even the most dangerous criminals are entitled to due process, including extradition hearings. A war against violent extremists cannot be won by immoral or illegal means; the U.S. can't outsource dirty work and claim to have clean hands. (Athens Banner-Herald)
Suit Against DA Dropped Nov 15, 2009
The complaint in the civil suit claimed that the alleged actions by Krueger's office in April "prevent the plaintiff from properly preparing his criminal defense" and violate Pratt's constitutional right to production and use of exculpatory evidence, his constitutional right to due process, his statutory discovery rights and "damage his ability to prosecute the officials responsible for the injuries he sustained as a result of the assault and torture that took place on or about Aug. 27, 2008.".... (The Pilot Newspaper)
A different healthcare reform needed (9) Nov 15, 2009
End the National Practitioner Data Bank and other entities that are censuring doctors without due process. These proposals have been formulated to save and preserve the system that 85% of the American population, who is satisfied with their present healthcare, deserves. (Cleveland Jewish News, OH)
Webb not happy with Holder decision Nov 15, 2009
Webb said the decision to give the Khalid Shaikh Mohammed the same due process as American citizens sets a dangerous precedent that could be applied to all the prisoners in Guantanamo. "We must be especially careful with any decisions to bring onto American soil any of those prisoners who remain a threat to our country but whose cases have been adjudged as inappropriate for trial at all," Webb said. (TheHill.com)
Update: Lake Hallie village clerk fired Nov 15, 2009
arthur wrote on Nov 14, 2009 5:55 PM:" Due process is null and void in Lake Hallie. Why is it that everytime we have a Village Clerk get experience they are fired ? What is wrong with the village finances that needs to be hidden ? Why are there no minutes written for closed sessions ? When a decision is made in close session it becomes public information but with nothing written down we have to take the word of the board that everything is on the up and up. Don't you love open government ? " ...... (Chippewa Falls Chippewa Herald, WI)
Signs say nation at risk Nov 14, 2009
When the federal government takes citizens tax money to donate to artistic enterprises or charitable organizations not of a citizen s choice, or to distribute to others as welfare, it is contrary to 14th and 15th Amendment protections against depriving a citizen of property without due process. Restaurant, hotel and redevelopment fees fall into this category. (Logan Herald Journal, UT)
Challenge to Nevada Personhood Initiative Filed Nov 14, 2009
The initiative seeks to define a person and extend due process rights to "everyone possessing a human genome" from the beginning of biological development through end of life. Voters in Colorado last year rejected a similar measure. (KLAS-TV.com, NV)
Rajaratnam for opening Khan records Nov 14, 2009
"To ensure that Mr Rajaratnam receives due process throughout the proceedings and a fair trial, it is v 00004000 itally important that his counsel have access to the records in the case," according to a motion filed on Thursday with the US district court in San Jose, California. It said that because the entire court record was sealed, Rajaratnam was unaware of an alleged transaction in which Khan provided inside information about chipmaker Intel Corp, her employer at the time, to an unidentified... (India Times)
Arkansas 3A playoffs on hold: Court ruling comes Nov 14, 2009
The court ruled that the AAA, did not allow the Lamar School District due process in allowing them to complete all of the steps of the Appeal Process. 6. (Prep Sports Sports -- Rivals.com)
Teacher Facebook flap stirs debate Nov 14, 2009
Payne made national headlines this week when she sued the Barrow County School District, claiming she was forced to resign without due process after administrators confronted her about the content of her page on the popular networking Web site Facebook. Just three weeks into the 2009-10 school year, one of her students told Apalachee officials that Payne's Facebook page included photos of her drinking alcohol and a reference to "Bitch Bingo," which is a version of a traditional bingo game where... (Athens Banner-Herald)
Nigeria: Hints of a new chapter Nov 13, 2009
Just down the road from Gloryland is the self-styled Transparency House , where Dimieari Von Kemedi, the head of the state s new Due Process and e-Governance Bureau, explains what he has uncovered of the state s ghost economic system. Take the payroll, for instance. (The Economist)
SSFC denies CWCs second appeal, OKs MCSCs budget Nov 13, 2009
Zorian Lasowsky, CWC finance coordinator, argued the organization had been denied the due process procedure guaranteed to them by the ASM Constitution during the original budget hearings ... This was a violation of due process, Lawosky said. (The Digital Cardinal, WI)
US Judge Charles Sifton, 74; ruled on NYC term limits Nov 13, 2009
They contended that only another referendum could overturn the limit and that voters constitutional rights to free speech and due process had been violated. Judge Sifton ruled that officials elected by voters are entitled to reverse direct referendums. (Boston Globe)
Sheriff contender announces candidacy Nov 13, 2009
jake wallace wrote on Nov 12, 2009 12:20 PM:" ...restoration of public trust in the Sheriffs Office is also high on Kuntzs list of priorities.Kuntz has abused the position to protect public official's hand-in-glove with Downum.Kuntz attempted to persuade our org not to file a complaint over bailiff Carter's conduct in the court with Judge Grant Barrett. That case against Bret Harte, Joan Lark & CCOE John Brophy for subverting the state education code, Title 22, due process, work permits &... (San Andreas Calaveras Enterprise, CA)
Fla. fraud law may curtail some medical careers (79) Nov 13, 2009
Officials are worried that rejecting renewals for earlier crimes would violate licensees' property and due process rights. Donna Erlich, a lawyer for the department, said the agency expects to keep applying that interpretation "unless and until the governor's office advises otherwise.". (The Fort Meade Leader, FL)
How the Military Will Try Nidal Hasan Nov 13, 2009
"We are a nation of laws whose commitment to justice is so enduring that we would treat a gunman and give him due process, just as surely as we will see that he pays for his crimes.". MORE. (Time.com)
Paper fined for criticising Maliki Nov 12, 2009
If the case goes to appeal, I ask the Iraqi authorities to ensure that their courts, which are independent, follow due process in accordance with the Iraqi constitution. . (Sydney Morning Herald -- World)
Editorial Roundup: Excerpts From Recent Editorials Nov 12, 2009
By The Associated Press. Wednesday, November 11, 2009. (San Francisco Chronicle -- Crime)
Two fired suing Pendergrass Nov 12, 2009
The suit, filed Tuesday in U.S. District Court, claims that the dismissal of Rintoul and Rogers violated their First Amendment right to freedom of speech and their 14th Amendment right to due process. They are asking for more than $15 million in damages for lost wages, benefits, mental anguish and damage to their careers. (Athens Banner-Herald)
Egypt: Rendition Redux? Nov 12, 2009
There, U.S. officials allegedly subjected him to harsh interrogations while denying him due process and access to a lawyer, his family or anyone else in the outside world. "The harsh treatment and mental anguish this individual suffered should never be experienced by anyone, let alone an American citizen at the hands of his own government," said Hafetz. (allAfrica.com)
Limbaugh attorneys unearth precedent Nov 12, 2009
Rush Limbaugh's lawyers pulled a "gotcha!" out of their hat Thursday, pointing an appeals court to one of its own decisions forbidding the seizure of medical information without due process. Attorneys for the conservative talk-show icon wrote in a brief before the 4th District Court of Appeal that the same court ruled two years ago that a DUI suspects' blood test could not be used in a criminal case against him because a state consent law had not been followed. (Yahoo News -- Rush Limbaugh)
Public option gives real choice Nov 11, 2009
Ndangeredspecies wrote on Nov 10, 2009 12:03 PM:" Common rhetoric for a liberal. OF COURSE the solution in her eyes is to "educate" and reform youngsters via a medical system rnu by our beloved and benevolent federal government. The same government that can;t even run a railroad or a post office. What she is oblvious to is the fact that our own beloved LBJ helped create the system that promotes teen pregnancy and fatherless households, thus eligibility for AFDC money as well as other government... (Boerne Star, TX)
President Obama's Ft. Hood remarks Nov 11, 2009
We are a nation of laws whose commitment to justice is so enduring that we would treat a gunman and give him due process, just as surely as we will see that he pays for his crimes. We're a nation that guarantees the freedom to worship as one chooses. (WSJA.com, AL)
N.J. man alleges FBI torture threat in Kenyan jail Nov 11, 2009
U.S. officials "threatened Mr. Meshal with serious physical and mental abuse, told him he would be made to 'disappear,' and denied him access to counsel and other due process protections," said the lawsuit, filed in U.S. District Court ... The lawsuit accused the defendants of violating Meshal's right to due process and his constitutional protections against illegal detention and breaking a U.S. law banning torture "in an effort to coerce him into confessing that he was connected to and/or... (Fresno Bee -- Local)
Text of President Obama's speech at Fort Hood memorial Nov 11, 2009
We are a nation of laws whose commitment to justice is so enduring that we would treat a gunman and give him due process, just as surely as we will see that he pays for his crimes. We are a nation that guarantees the freedom to worship as one chooses. (Honolulu Advertiser)
Eastern Versus Western Roman Empire... Nov 11, 2009
With a liberal dose of superstition, such as trial by water and compurgation, post-Roman western law lost the Roman element of due process. Which Empire Ultimately Survived. (Suite101.com)
President Obama pays tribute to 13 killed in Fort Hood tragedy Nov 11, 2009
We are a nation of laws whose commitment to justice is so enduring that we would treat a gunman and give him due process, just as surely as we will see that he pays for his crimes, Obama said in remarks at a memorial service in Fort Hood, Texas, attended by lawmakers, military leaders and several members of Obamas Cabinet. Obama rejected the assertion that any religious belief could justify such violence. (TheHill.com)
Cant we recognize domestic terrorism? Nov 11, 2009
and flat out against the ideals (assumption of innocence, due process, and most importantly rule of law) on which this country was founded on. As David S alluded to above, if we paint this guy as a Muslim terrorist without warrant, then we undermine our cause. (Atlanta Journal-Constitution -- Opinion)
When Lawyers Go Rogue Nov 10, 2009
The Iowa Supreme Court vacated Harringtons conviction and ruled that his due process rights had been violated. In 2005, Harrington and McGhee sued various Pottawattamie County officials and the state prosecutors for conspiring to deprive them of equal protection of the laws as guaranteed by the 14th amendment to the Constitution and for denying them due process of the law. (Slate)
US urges China fair trials after executions Nov 10, 2009
"We also urge China to ensure that the legal rights of all Chinese citizens are respected in accordance with international standards of due process.". Kelly said US embassy officials in Beijing had already discussed those issues with the Chinese government. (Sydney Morning Herald -- World)
Funeral in Berlin of freedom Nov 10, 2009
e. codified cultural Marxism that trumps freedom of speech, freedom of association, due process, right to redress, etc, has come to it s vainglorious fruition. - Communitarianism, with it s exaltation of group rights over individual rights, has triumphed over our traditional democracy. (Sydney Morning Herald -- Opinion)
Zain Ghana operations in danger Nov 10, 2009
An expert this paper contacted on the issue pointed out that Government must follow due process in ensuring that DIC plays its role to set the tone for Parliamentary approval ... People must begin to understand that the major intention for setting up the committee to review the Vodafone deal was to establish the culture of due process in Ghana, he argued ... Dr. Adu suggested that for any parliamentary approval to be sought for such a deal, care must be taken that the due process has been... (Ghana Web, Ghana)
Survey seeks to identify student needs Nov 10, 2009
jake wallace wrote on Nov 9, 2009 12:06 PM:" Just another worthless survey to bring in funding that is misspent.Bret Harte board member, Joan Lark, operated two illicit schools for 350K a year with less than twelve students to enrich BH.Lark then abused the funding by hiring Lozano Smith to defend themselves over failing to provide services to Moser by corrupting every process that seven-years later, federal judge, Oliver Wagner, sanctioned BH & Smith, for lies, misrepresentation of the facts,... (San Andreas Calaveras Enterprise, CA)
Refuge policies clash in San Francisco Nov 10, 2009
But he said the mayor's order takes away due process for juveniles, and he led an 8-2 vote by supervisors on Oct. 20 to amend Newsom's order to apply only to convicted minors. Newsom vetoed the amendment last month, even though the supervisors' votes were enough to override him, and he warned their action would violate federal immigration laws. (Fresno Bee -- Local)
Mills Deserves To Be.... Nov 10, 2009
But thank God once again that he isnt a Somalian; he lives in Ghana, a country where rule of law, due process, and law and order, are upheld. Image is everything, as former world tennis star, Andre Agassi, who won eight grand slams once put it. (Ghana Web, Ghana)
Judge rejects request to stop Furlough Fridays for schools Nov 10, 2009
Two lawsuits filed on behalf of students with autism contend that unilaterally imposing Furlough Fridays breaks federal law on special education as well as due process rights under the U.S. Constitution and the Hawaii Administrative Procedures Act ... Two lawsuits filed on behalf of students with autism contend that unilaterally imposing Furlough Fridays breaks federal law on special education as well as due process rights under the U.S. Constitution and the Hawaii Administrative Procedures Act.... (Honolulu Star-Bulletin)
Andy Declares War on War Nov 9, 2009
" However, I will never agree to desecrating Veteran's Day when I lost 13 fellow sailors in a "peace time" Navy from 1981 to 1984! Andy, may God bless you, but do not trample on those that are protecting your freedom...do NOT trample our love ones. by gary8555 November 8, 2009 11:41 PM EST As a Veteran I totally agree with Andy. Lets rename Veterans day to "No War Day"! The VA denied my claim for hearing. The Doctor asked if my father was hard of hearing, I advised her "Yes he was". She then... (CBS News)
Sexual Harassment Lawsuit Nov 9, 2009
To Political Hack wrote on Nov 7, 2009 6:42 PM:" It's called "proof", and "truth". Allegations are just that. He said, she said, they said.No real substance to become unnerved.I personally know two of the three ladies who have filed the lawsuit. Truth is they were never cut out to perform law enforcement personnel. It's also called; prolonging a pay check because you have been fired or quit your job. Poor Toby is working his butt off to help Louis clean up the Parish. Some folks just don't "get... (New Iberia, LA)
