Showing posts with label Obama administration. Show all posts
Showing posts with label Obama administration. Show all posts

The Justice Dept. and a free press

The Obama administration stumbled badly in recent months as it repeatedly overstepped its authority in seeking information from news organizations. Prosecutors swept up phone records tracking calls by reporters and editors of the Associated Press, suggested that a Fox News reporter might be criminally prosecuted and continued their vigorous pursuit of information held by reporters in ferreting out alleged leaks. For that, the administration has been properly excoriated.

On Friday, however, Atty. Gen Eric H. Holder Jr. unveiled new guidelines to govern the department's behavior in cases involving news organizations. Those guidelines represent a historic step toward restraining the reach of government and affirming the rights of a free press. The administration got to this place only because of the outrage it brought on itself, but it got to the right place anyway.

Most important, the new guidelines ensure that news organizations, in almost all instances, are given notice when prosecutors seek records related to news gathering. Notice, which was not given to the Associated Press, allows organizations to discuss the request with the Justice Department and, if necessary, to contest it in court.

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Judges Needed for Federal Courts

There has been a severe breakdown in the process for appointing federal judges. At the start of the Reagan years, it took, on average, a month for candidates for appellate and trial courts to go from nomination to confirmation. In the first Obama term, it has taken, on average, more than seven months.

Seventy-seven judgeships, 9 percent of the federal bench (not counting the Supreme Court), are vacant; 19 more seats are expected to open up soon. The lack of judges is more acute if one considers the growing caseload. The Judicial Conference, the courts’ policy-making body, has recommended expanding the bench by 88 additional judgeships. 

President Obama must make fully staffing the federal courts an important part of his second-term agenda — starting with the immediate Senate confirmation of the 18 nominees approved by the Senate Judiciary Committee. 


This is an editorial from the NY Times.  Tom

The Courts: How Obama Dropped the Ball

In his novel King of the Jews, Leslie Epstein sets his story in the wartime ghetto of Lodz, Poland, where the Gestapo ruled through an appointed council of Jewish elders. Epstein, researching the book, tracked down the gallows humor of the time. In one such joke, told by a character in the novel, two Jews are facing a firing squad. The commandant asks if they would like blindfolds.  One of the condemned whispers to the other, “Don’t make trouble.”

“Don’t make trouble” could have been the credo of the first year of the Obama Administration. The White House calculated that if the president just extended the hand of conciliation to the Republicans, the opposition would reciprocate and together they would change the tone in Washington. This was the policy on everything from the stimulus to health reform to judicial nominations. It didn’t work out so well.

Now, spurred by the tailwind of a re-election victory and the realization that public opinion is on his side, President Obama has displayed a new toughness in his budget battle. He has declared that he won’t negotiate against himself, and the strategy is working. But the White House is still stuck in don’t-make-trouble mode on the crucial issue of judicial appointments, where the pace of nominations is only now catching up with that of Obama’s predecessors and the strategy for avoiding partisan confrontation gives Republicans something close to a veto over who is nominated.

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Twenty Examples of the Obama Administration Assault on Domestic Civil Liberties

The Obama administration has affirmed, continued and expanded almost all of the draconian domestic civil liberties intrusions pioneered under the Bush administration. Here are twenty examples of serious assaults on the domestic rights to freedom of speech, freedom of assembly, freedom of association, the right to privacy, the right to a fair trial, freedom of religion, and freedom of conscience that have occurred since the Obama administration has assumed power. Consider these and then decide if there is any fundamental difference between the Bush presidency and the Obama presidency in the area of domestic civil liberties.

Patriot Act

On May 27, 2011, President Obama, over widespread bipartisan objections, approved a Congressional four year extension of controversial parts of the Patriot Act that were set to expire. In March of 2010, Obama signed a similar extension of the Patriot Act for one year. These provisions allow the government, with permission from a special secret court, to seize records without the owner’s knowledge, conduct secret surveillance of suspicious people who have no known ties to terrorist groups and to obtain secret roving wiretaps on people.

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Obama is a big disappointment. Tom

Recommendations for Juvenile Justice Reform

Opportunities for the Obama Administration

The National Juvenile Justice and Delinquency Prevention Coalition (NJJDPC) brings together a collaborative array of youth‐ and family‐ serving, social justice, law enforcement, corrections, and faith‐based organizations, that work to ensure healthy families, build strong communities and improve public safety by promoting fair and effective policies, practices and programs for youth involved or at risk of becoming involved in the juvenile and criminal justice systems.

NJJDPC achieves its mission by engaging a broad spectrum of opinion leaders and
stakeholders, including the voices of those most affected by the juvenile justice system, to:
• advocate for sensible and safe solutions to crime and delinquency;
• build and leverage policy leadership in the field; and
• serve as a clearinghouse for research and best practices within our nation’s juvenile
and criminal justice systems.

For more information, please contact the Coalition Co‐Chairs:
Ashley Nellis, The Sentencing Project
202‐628‐0871 or anellis@sentencingproject.org
Tara Andrews, Coalition for Juvenile Justice
202‐467‐0864 or andrews@juvjustice.org
February 15, 2011

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It's Time For Our Nation To Be Smart on Crime

Smart on Crime: Recommendations for the Administration and Congress provides the 112th Congress and the Obama administration with analysis of the problems plaguing our state and federal criminal justice systems and a series of recommendations to address these failures. The report examines the entire criminal justice system, from the creation of new criminal laws to ex-offenders’ reentry into communities after serving their sentences. Our comprehensive recommendations range from helping to restore and empower victims to identifying ways to protect the rights of the accused.

Due to the undeniable human costs and the overwhelming fiscal costs, Americans from diverse political perspectives--particularly professionals with experience in all aspects of the criminal justice system--recognize that the system fails too many, costs too much, and helps too few. Smart on Crime provides the most promising recommendations for resolving our nation’s criminal justice crisis.

Leading Criminal Justice Experts Share Insights

Several Smart on Crime report contributors discussed America’s broken criminal justice system and shared their hopes for concrete reform. We invite you to hear what some of the nation’s leading experts have to say about a system of justice that they are passionate about—in their own words.

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The Last Thing We Need is More Money for Prisons, But That Is What Obama Wants

At the same time the Obama administration is talking about a dramatic "spending freeze," it's requesting more money to lock people up.

Photo Credit: Creative Commons

At the same time the Obama administration is talking about a dramatic "spending freeze" on any and all projects unrelated to war-making, it is quietly increasing the federal budget for even more prisons.

On February 1, Attorney General Eric Holder announced the administration would request $2.9 billion for the Department of Justice 2011 budget -- "a 5.4 percent increase in budget authority," according to the DOJ. Approximately $527.5 million would go to the federal Bureau of Prisons, a chunk of which would provide “bed space” to house prisoners currently at Guantanamo Bay (and ostensibly slated for transfer to the supermax prison in Thomson, IL).

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ACLU Issues Report On Obama Administration's Civil Liberties Record

January 19, 2010

First Year Saw Civil Rights Advances And End Of Torture But Continuation Of Overbroad Domestic Surveillance Practices

NEW YORK – The Obama administration's record on restoring civil liberties during its first year in office is mixed, according to a new report analyzing the administration's performance released today by the American Civil Liberties Union. Of a set of 145 detailed recommendations the ACLU made to the new president upon his election, the administration has acted on just over one-third of them.

"Starting with bold executive orders to end torture and close the prison at Guantánamo, and continuing with positive actions in areas like open government and civil rights, the Obama administration has made some significant strides toward restoring civil liberties and the rule of law," said Anthony D. Romero, Executive Director of the ACLU. "But in other areas, the administration has fallen short by allowing some of the Bush administration's most troublesome practices to continue and by failing to take steps that would restore some very fundamental rights and values to American life."

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Bush's Third Term? You're Living It

by David Swanson

It sounds like the plot for the latest summer horror movie. Imagine, for a moment, that George W. Bush had been allowed a third term as president, had run and had won or stolen it, and that we were all now living (and dying) through it. With the Democrats in control of Congress but Bush still in the Oval Office, the media would certainly be talking endlessly about a mandate for bipartisanship and the importance of taking into account the concerns of Republicans. Can't you just picture it?

There's Dubya now, still rewriting laws via signing statements. Still creating and destroying laws with executive orders. And still violating laws at his whim. Imagine Bush continuing his policy of extraordinary rendition, sending prisoners off to other countries with grim interrogation reputations to be held and tortured. I can even picture him formalizing his policy of preventive detention, sprucing it up with some "due process" even as he permanently removes habeas corpus from our culture.


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Executive pay limits don't make it into stimulus legislation

By SilentPatriot Friday Feb 13, 2009 5:14am

I really have no problem with executives getting bonuses when they do a good job. But when they apply for government assistance, by definition they aren't perfoming up to standards that merit extra pay. It's really not a tough concept to understand, but apparently it's over the heads of our elected representatives.

Washington Post:
Congressional efforts to impose stringent restrictions on executive compensation appeared to be evaporating yesterday as House and Senate negotiators worked to fine-tune the compromise stimulus bill.

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A Fresh Start for a New Administration: Reforming Law and Justice Policies

Now that the 2008 Presidential election is over, Americans can begin to focus on the policy changes the new administration can and should make. The inauguration of the Forty-Fourth President and installation of a new Administration will bring an opportunity for a fresh evaluation of federal law and policy in every area. It is therefore important and timely to offer ideas and recommendations for a new Administration to consider as it undertakes this important task.

On October 16th and October 30th, ACS released a package of proposals for a new Administration – of either party – and hosted a panel discussion on the topics they address. The proposals, contained in two dozen papers, cover a range of law and justice policy areas, including:

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Lots of links to interesting papers on how to undo the damage wrought by 8 years of Bush. Tom