Category Archives: Law

The smudge on Judge Alito’s spotless record

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Both the Los Angeles Times and the New York Times recently featured in-depth profiles on Samuel A. Alito Jr. who has been nominated to the Supreme Court of the United States (see previous post). Both articles show the judge in a fair and mostly positive light, digging all the way back to his childhood to foreshadow the brilliant judge he would one day become:

Alito, who was valedictorian, excelled to such a degree that teachers at Steinert were forced to adjust their grading curves to exclude his marks. “Sam almost always scored 100, so the teachers responded by giving him an A and then determining the curve for everyone else,” McDonald said.

For college, he chose the lone Ivy League school in New Jersey. At Princeton, Alito majored in an elite public affairs program in the Woodrow Wilson School. He shunned the university’s selective private clubs and instead belonged to Stevenson Hall, a social and eating club that was more egalitarian because it was open to all students. He participated in the debate club. [Link]

Dave Sidhu of DNSI noticed something in both articles that he researched some more and then brought to our attention. It seems that Alito’s career had one small scandal that was connected to his days as a tough Justice Department attorney in the state of New Jersey. From the LA Times:

The Alito era did suffer a measure of scandal and embarrassment. One of the prosecutors in the office was charged with faking death threats against herself in the course of a case against two Sikhs accused of being terrorists.

What’s this all about? The New York Times fills in more detail:

In one of his office’s more difficult moments, Judy G. Russell, a special prosecutor who was a former assistant United States attorney, was found to have sent death threats to herself and the magistrate hearing an extradition case.

The threats came in the matter of two Sikhs facing extradition to India on terrorism charges. Mr. Kuby, a member of the defense team, faulted Mr. Alito for not having the prosecutor arrested and for failing to uncover the false threats more quickly.

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Happy Birrrthday Dear Patriot Act…

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Patriotactsigning.jpg

Oh joy, oh giddy delight. I love anniversaries, don’t you? Wikipedia’s always interesting and informative main page reminds us that it’s already been four years since we helped America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism:

Passed by the U.S. Congress after the September 11, 2001 Terrorist Attacks, the (Patriot) Act enhances the authority of U.S. law enforcement for the stated purpose of fighting terrorist acts in the United States and around the world. This enhanced legal authority is also used to detect and prosecute other alleged potential crimes. Among other laws, the USA PATRIOT Act amends the Foreign Intelligence Surveillance Act (FISA).
Among the laws the PATRIOT Act amended are immigration laws, banking and money laundering laws, and foreign intelligence laws…
Critics claim that some portions of the Act are unnecessary and allow U.S. law enforcement to infringe upon free-speech, freedom of the press, human rights, and right to privacy. Much controversy has arisen over section 215, which allows judges to grant government investigators ex parte orders to look into personal phone and internet records on the basis of being “relevant for an on going investigation concerning international terrorism or clandestine intelligence activities”, rather than probable cause as outlined in the fourth amendment.

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The prosecution’s case falls apart

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In June I posted about Operation Meth Merchant in Georgia that netted nearly 50 people, most of them Indian convenience store owners, on suspicion of selling components that make methamphetamines, knowing what they’d be used for. 

But first, a quick lesson in meth production: The key ingredient in the process is ephedrine or pseudoephedrine, which also happen to be the key ingredients in cold and allergy medicines such as Sudafed, Tylenol Cold capsules and Max Brand Pseudo 60s.

Those are legal products, legally bought and sold in stores all over the country. Selling them becomes a federal crime only if the seller knows that they’re going to be used in meth production. To minimize that problem, stores at the time had been urged by law enforcement to limit the amount of ephedrine-based medicines sold to each individual. [Link]

In August, Ennis reported on some of the prosecution’s mix-ups.  Now, Rediff reports how elements of the case have begun to dramatically unravel for the prosecution, and asks the question, “why did it take so long?”:

US District Attorney David E Nahmias requested the courts last fortnight to dismiss charges that Siddharth Patel had sold over the counter components used in the manufacture of the drug methamphetamine.

And well he should — Patel was over a thousand miles away when he supposedly committed the crime, and had photographic evidence to prove it.

In a case that has assumed racial overtones, Nahmias told the court Patel had been identified, erroneously, as the man who sold the components July 23, 2004 in Georgia, USA — when it was conclusively proved that at the time, and on the date, in question, he was in New York…

Earlier, similar charges against Malvika Patel of Cleveland, Tennessee, and her husband Chirag Patel were withdrawn after McCracken Poston appeared as their attorney. Poston is also Siddharth Patel’s attorney in the case…

“Malvika Patel was picking up her young son from day care in Cleveland, Tennessee, at the exact moment this informant claimed she was behind the counter of a store in Fort Oglethorpe, Georgia,” Poston told rediff India Abroad. “Similarly, Chirag Patel was with his family in India at the time the informant claimed he was at the same store in December 2004.”

Similarly, Siddharth Patel was working at a Subway outlet in Hicksville, New York, at the time the informant placed him in Whitfield County, Georgia, selling the components at Deep Springs Superette, a convenience store in the Varnell community of Whitfield County. [Link]

Uhhh, woops, I guess.  Why did it take so damn long to establish that the person arrested had been misidentified.  In stinks of incompetence and probably something worse. Continue reading →

The inalienable right to blog

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The IIPM issue in India provides me with a great opportunity to educate SM readers and fellow bloggers about the assault of late on a precious (but little known) liberty here in the United States of America.  It is the fundamental, God-given right to blog!  A few weeks back we received what was intended to be a “Cease and Desist Notice” from someone claiming to be the lawyer of a person that we had written about on SM.  This “lawyer” threatened legal action and dire consequences unless we took down the “libelous” statements against their client.  However, in none of our posts had we made any libelous statements about the semi-celebrity in question.  Rather, it was some of the commenters to our site that had written what might be considered rude.

Dear Sir or Madam,

I represent the legal interests of ########. The content on your site contains libelous information that is against the interests of my client ########. The information on your website cannot be verified and contains defamatory, heresay information.

We are firmly requesting that you take down this web site within 24 hours. We are prepared to take legal action against your company and will sue you at the full extent of the law for punitive damages.

This notice was followed by several others (including a “second notice” time stamped two minutes after the first one) that increasingly led us to believe that this lawyer was either a friend of the person we had offended, or the person themselves posing as a lawyer.  Making a few spelling mistakes and citing laws that seem sketchy, sort of erode one’s credibility.  Getting sued over this might have been a welcome experience though.  I have always sort of dreamed of representing myself in front of the Supreme Court, grilled by Scalia, and waking up to that goddess Nina Totenberg re-capping my oral arguments on NPR as I lay in bed the next morning in rapture.  I coulda’ been a contenda’.  Having reviewed the relevant precedents, we think we would have done quite well in court if slapped with a lawsuit.  I am what people would term a Constitutional Originalist. Who am I to doubt what the Framers originally put into the Constitution?  Who am I to question or re-interpret their original intentions?  Let me direct you to Article IV Section 4 of that most sacred of documents:

The United States shall guarantee the rights of every Blogger in this Union, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened) against domestic Violence and frivolous lawsuits.

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The “Devils” Advocates

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This past week conservative John Roberts became the Chief Justice of the Supreme Court of the United States (SCOTUS).  Within days Bush will nominate a second judge who will decisively tip the balance of the court. We can be sure that we will continue to see brilliant desi lawyers in front of the Robert’s court in the coming years.  Just a few days ago for example, ACLU lawyer Amrit Singh (see previous entries) successfully sued in federal court to compel the government to release more pictures of detainee abuse at Iraq’s Abu Ghraib prison.

On Thursday, a U.S. federal judge ordered the release of more images of Abu Ghraib prisoner abuse – which may open up the American military to more embarrassment from a scandal that already has stirred outrage around the world.

U.S. District Judge Alvin K. Hellerstein rejected government arguments that the images would incite acts of terrorism and violence against U.S. troops in Iraq, saying that terrorists “do not need pretexts for their barbarism.”

“Our nation does not surrender to blackmail, and fear of blackmail is not a legally sufficient argument to prevent us from performing a statutory command. Indeed, the freedoms that we champion are as important to our success in Iraq and Afghanistan as the guns and missiles with which our troops are armed,” he said. [Link]

My guess is that this decision may be appealed by DOD and DOJ and find its way in front of the Robert’s court, where hopefully Amrit will continue to argue it.

The judge gave the government 20 days to appeal before releasing the pictures, which are edited so the faces of prisoners are not shown.

Lt. Col. John Skinner, a Pentagon spokesman on detainee issues said the Department of Defense, “continues to consult with the Department of Justice on this litigation, to include additional legal options…”

ACLU lawyer Amrit Singh said the ruling was a victory for government accountability.

“The United States government cannot continue to hide the truth about who is ultimately responsible for the systematic abuse of detainees from the American public,” she said. [Link] Continue reading →

Without fear of reprisal

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Two years ago Mayor Michael Bloomberg of New York issued Executive Order 41.  This order was issued…

to ensure that immigrants, and other New Yorkers, can access City services that they need and are entitled to receive. The policy protects areas of confidentiality, such as immigration status, sexual orientation, status as a victim of domestic violence, status as a crime witness, receipt of public assistance, and information in income tax records.

The New York Times reports on how that order, which “essentially codified a ‘don’t ask, don’t tell’ policy for city workers,” (obviously including those of South Asian heritage) is now being tested:

Waheed Saleh says he was smoking a cigarette outside a doughnut shop at the rough edge of Riverdale in the Bronx when a police officer handed him a summons for disorderly conduct. He protested, he says, and the officer yelled at him to go back to his own country.

Mr. Saleh, a Palestinian, worked as a gypsy-cab driver illegally seeking fares and was used to tickets for infractions like double parking, making U-turns and picking up passengers. But he believed that this officer, Kishon Hickman, was harassing him. So he complained to the Civilian Complaint Review Board, which examines complaints against police officers.

Before he heard back from the board, however, he heard from federal immigration authorities. About a year later, outside the same doughnut shop on the night of Dec. 20, 2004, he was confronted by a federal immigration agent and local police officers. The police took him into custody on administrative immigration violations, sending him into deportation proceedings. Mr. Saleh believes it was retaliation for his civilian review board complaint.

What complicates this case is that there is a possible loophole:

There are exceptions written into Executive Order 41: Illegal immigrants suspected of criminal activity or terrorism are not protected. Paul J. Browne, a police spokesman, said that Mr. Saleh’s host of summonses amounted to illegal activity, just as a single parking ticket would.

In an interview at a diner near the same doughnut shop, Mr. Saleh said he left his hometown of Jenin, on the West Bank, after his wife died of brain cancer, to find a better way to support his two young children, who stayed behind with his parents.

He arrived in November 2000 on a visitor’s visa, got a valid driver’s license and stayed on illegally to work at gas stations in Rockland County and as a landscaper in Yonkers. But after 9/11, he said, it became much harder to get work without a Social Security card, and he joined other Arabic men driving gypsy cabs.

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Fight, for the Right, to Diwaaaali! (updated)

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diwalilamp.jpg.jpg This morning, the NYC Council Committee on Transportation held a hearing in relation to the suspension of alternate side of the street parking rules on the Hindu festival of Diwali.

This is a big deal. Alternate side of the street parking is rarely suspended, and affects anyone looking for a place to park in NY. Only 32 legal and religious holidays are recognized by the City. Scroll down here for a list. From the petition organizers:

The first step in the process is the proposed legislation to get approved at the hearing on September 20th. Then, the Mayor will have to sign it into law. It is critical that the Council Members and, in turn, the Mayor appreciate the interest in and support of this legislation. The more support shown for the legislation at this stage of the process, the more likely it is that the Mayor will not veto it.

According to the NYC Department of Planning,there are over 600,000 foreign-born persons of South Asian descent in the NYC metro area; this does not even include those of South Asian descent born in America…If NYC takes this step, other cities and municipalities throughout the country will have the precedent to do the same.[link]

Since ASotS parking is suspended on Sunday, most ethnic/national parades such as the Puerto Rican Day parade are held then. (Here is a complete list of NYC ethnic festivals – read and weep :P)

Suspending parking rules for Diwali would be a huge symbolic (and practical re: parades) recognition of South Asian contributions to the city. Please read more on what you can do to show your support. Stay tuned for updates.

Update: The Committee on Transportation unanimously approved it! From the organizer’s email:

The legislation will be voted on by the full NYC Council at the Stated Meeting on Wednesday, September 28. [If they] approve the legislation it will then go to Mayor Bloomberg to be signed into law. Then the Mayor will have 30 days to sign or veto the legislation…press conference at 11:30 a.m. on Wednesday, September 28, on the steps of City Hall.

Related posts:1, 2, 3. Continue reading →

Back to the Dunce Corner

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The internets were alive this morning with the news that Sri Lanka was about to drop its age of consent from 16 to 13 (thanks Enivhsay): sepiagirlstanding1.jpg

government spokesman Nimal Siripala de Silva, who is also the minister of health, told a weekly Cabinet briefing on Friday that the government was planning to lower the age of consent. He gave no reason, but said the proposal was approved “after much debate and a long review.” [link]

Ah, yes. Debate and review. Ve have heard the words, but the meaning is escaping us still. However, in a startling turnaround of events:

The government reversed its decision after a flurry of telephone calls from incensed citizens following the announcement, The Sunday Island newspaper said.

“There is no proposal, whatsoever, to reduce that to 13 or to any other age,” it quoted Dhara Wijayatillake, a secretary in the Ministry of Justice, as saying Saturday. [link]

Que rapido!! When did the Sri Lankan government start pay attention to “incensed citizens”? Did I miss something important during my time here in Amrika?

The Minister [Justice Minister John Senevirathne] said that the government is concerned of the increased number of young men detained in remand prisons as a result of sexual encounters with their girlfriends.

He said: “Many girls are requesting to release them saying the encounter happened with their consent.” [link]

Holy Mammajamma! I’ve missed so much!! Here I was, happily warbling away my speculative fantasies that Sri Lanka may be one of the more progressive South Asian countries…but this much? When I was a wee kella (er, ladki. Indocentric, what?) sex did not exist, no one had ever heard of it, and even if those damn suddhas (goras) couldn’t keep in in their pants, that was still no reason why we Sri lankans couldn’t quietly continue asexually budding. Encounter, bencounter! Sekshuval is a vestern invention, no?

So vat the bluddy hell is going on? Continue reading →

Meet Vanita Gupta in DC, Sunday

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It pays to be on SAJA-DC’s list– look at this event(I’m considering missing church for it!):

A talk and inter-active session with Vanita Gupta, an accomplished lawyer and a young leader. Vanita works at the NAACP Legal Defense Fund and won the release of 46 wrongly-accused African Americans in Tulia, Texas. Recipient of the Soros Justice Fellowship, India Abroad Special Award for Outstanding Achievement, 2004 Reebok Human Rights Award, Upakar Foundation Community Ambassador award and American Red Cross “Rising Star” award.

vanita.jpg Though some of you male commenters are fighting over a torrid reality show contestant, if I were a guy, Vanita would be the girl for me. Beatiful inside and out AND she works for liberty and justice for all. Damn. Just typing that makes me consider a love that dare not speak its name, she’s that amazing.

The event is FREE, open to the public and at my (and Mutineer Sajit’s!) alma mater. Oh, and there are snacks, yo.

Date / Time: Sunday, September 18, 2005, 11 A.M.
Venue: Marvin Center, George Washington University,
800 21st Street, NW, Washington DC.
Metro: Foggy Bottom, Blue or Orange lines.

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Posted in Law

South Africa out of Sunali’s Nose! (slightly updated)

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Philadelphia, September of 2002.

“OhMyGod”, was the greeting my mummy blurted out instead of her customary, “Hi, mone”. “When did THAT happen?”

“Two weeks ago, Ma.”

“But…why?”

I shrugged. “Felt like it.”

“You know that’s not something a Christian girl should do,” she replied, eyebrows undulating with disapproval and consternation.

“Only Hindu girls can get their noses pierced?”

“Only Hindu girls SHOULD get their noses pierced.”

“Pashu tatti. It’s a cultural thing, Ma. Not religious.”

My mother snorted before telling me where I could store my opinions on culture and religion. “It IS a Hindu tradition. Maybe even a Muslim one. Try it with someone dumber than your Mother, edi.”

Anne Martin, the principal of Durban Girls High School in South Africa should have called my mom when she needed an expert opinion on whether piercing one’s nose is a “culturally-based rather than religious” practice. 😉

Who is Anne Martin? Why should she defer to my almighty Mom? Read on:

Sunali Pillay, 16, took her case to the Durban Equality Court claiming that she was being unfairly discriminated against by her Durban Girls High School which was not allowing her to wear a nose ring in accordance with her religious beliefs.

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