A criminal act by Congress: cutting the budget for Legal Services

Last week I attended the annual seminar my law firm (the Simon Law Firm) puts on for the benefit of Legal Services of Eastern Missouri. We've done this for almost ten years, and I'm proud to be part of a firm that has raised a total of more than $100,000 for the St. Louis office of Legal Services. What does Legal Services do for the folks it serves? The lawyers of Legal Services provide "high-quality legal assistance and equal access to justice to low-income people." Consider this:

Our lawyers provide counsel, advice and representation to clients in a variety of domestic cases including orders of protection, dissolution of marriage, modifications, paternity establishments and child custody cases. Other legal needs are addressed as well, sometimes by bringing the expertise of lawyers in other specialty practice areas like public benefits, housing or consumer.

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Seven ways for an American citizen to get detained indefinitely

This article at Huffpo summarizes seven ways for an American citizen to get detained indefinitely. These concerns are not made up out of thin air. They are based on positions taken by attorneys for Barack Obama's Department of Justice during the litigation brought by author Chris Hedges and others. Here is Hedges' recap of why he got involved with the suit:

In January, attorneys Carl Mayer and Bruce Afran asked me to be the lead plaintiff in a lawsuit against President Barack Obama and Defense Secretary Leon Panetta that challenged the harsh provisions of the National Defense Authorization Act (NDAA). We filed the lawsuit, worked for hours on the affidavits, carried out the tedious depositions, prepared the case and went to trial because we did not want to be passive in the face of another egregious assault on basic civil liberties, because resistance is a moral imperative, and because, at the very least, we hoped we could draw attention to the injustice of the law. None of us thought we would win. But every once in a while the gods smile on the damned.

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The First Amendment wilts on the streets

Serious journalism has always been a dangerous business. It continues to be dangerous now, even for folks who want to make a record of how law enforce officers are cracking down on people reporting on protestors expressing their First Amendment rights. Tim Karr of Free Press reports:

While it’s important to take a day to recognize our right to speak and share information, threats to our First Amendment freedoms happen all the time, everywhere. It's a threat that will become very real on the streets of Chicago this weekend as a new breed of journalists and onlookers attempt to cover the protests surrounding the NATO summit. Just ask Carlos Miller. The photojournalist has been arrested three times. His “crime?” Attempting to photograph police actions in the U.S. Most recently, in January, Miller was filming the eviction of Occupy Wall Street activists from a park in downtown Miami. In a twist that’s become too familiar to many, the journalist became the story as police focused their crackdown on the scrum of reporters there to cover the eviction. Miller came face to face with Officer Nancy Perez, who confiscated his camera and placed him under arrest.

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Obama Administration attempts to defend its war on investigative journalism

The Obama Department of Justice continued its attack on news reporters trying to protect their confidential sources with regard to stories based on government leaks. Before the Fourth Circuit Court of Appeals is a case concerning NYT reporter James Risen, who has refused to respond to a federal subpoena demanding that he provide the source of information on which he based a story about a botched CIA plot against the Iranian government. Oral arguments occurred this morning. Fortunately, several of the judges were not receptive to the arguments of the Obama Administration that there is no such thing as a "reporters' privilege." Why is this issue critically important? James Risen explains in this Huffpo article by Michael Caldeone and Dan Froomkin:

"They've said in that there is no reporter's privilege," Risen said. "I think they want the court to rule on a fundamental constitutional issue of whether or not there is a reporter's privilege in a criminal case, which makes this case kind of have a broader import than it might otherwise have." "That's why I think it's become a pretty important case," he continued. "It's a fairly basic constitutional issue for the press, whether or not there is a reporter's privilege. It's something a lot of people outside the press don’t really understand, don't really care about. I think the basic issue is whether you can have a democracy without aggressive investigative reporting and I don't believe you can. So that's why I'm fighting it."
The hardline stand against reporter's privilege -- the DOJ briefs always put the term in quotation marks -- is a hallmark of the Obama administration's unprecedented crackdown over leaks. So is trying to throw the book at the alleged leakers.

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Federal judge strikes down NDAA indefinite detention

Federal judge Katherine Forrest of the Southern District of New York provided a tremendous, though rare, victory for those who believe in basic civil liberties, which have taken a massive beating in the context of the alleged "war on terror." Amy Goodman and her guests (Chris Hedges, a journalist who filed the suit challenging the NDAA along with six others, and Bruce Afran, the group’s attorney) offer insight into the ruling:

In a rare move, a federal judge has struck down part of a controversial law signed by President Obama that gave the government the power to indefinitely detain anyone it considers a terrorism suspect anywhere in the world without charge or trial — including U.S. citizens. Judge Katherine Forrest of the Southern District of New York ruled the indefinite detention provision of the National Defense Authorization Act likely violates the First and Fifth Amendments of U.S. citizens. . . . "This is another window into ... the steady assault against civil liberties," Hedges says. "What makes [the ruling] so monumental is that, finally, we have a federal judge who stands up for the rule of law."

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