Legal Commentary

Crazy is Crazy and That is Nobody's Fault.

Posted on June 14, 2017
Today I awoke to the news that some Sixty Six Year Old nut job from Illinois decided he was going to make a point of embarrassing himself and his causes by killing or at least wounding a bunch of Republican Congressmen and Senators who get together at 7am to play baseball in Va...

Memorial Day 2017: RememberingWhy We Remember.

Posted on May 29, 2017
Our freedom and our lives were and are preserved by those that served our country in War and Peace as Soldiers Sailors Airmen and Marines.Their efforts and their lives were spent in service of not just a nation, but an ideal. That all men are created equal, that rights of man are derived from a higher power, but protected by our brave military, that we are a nation of Laws not men, that we are united in the goal of being one nation, indivisible, with freedom and justice for all...

Let's Play "News, Not News, Fake News"!

Posted on May 17, 2017
Okay Team, I am getting really tired of all the Bullshit that people get nuts about. Some is actual news, some while true, isn't really news and of course some stories are pure fabrication or so devoid of the truth that it is...well, fake. Here is how we play:1 present a story from some "news site" or some body's twitter/Facebook feed, you tell me if it is News, not news, or Fake News I give the answers at the end...

Just When I Thought I was Out, They Pull Me Back In

Posted on May 15, 2017
I thought my long rant time was up. Obama made ranting here useless because let's face it, he was horrible, but he wasn't my problem. Moreover while not a AGOTUS Holder fan , ( and very disappointed in Loretta Lynch) from a criminal law point of view, and with Obama's pardoning long term drug offenders, my general issues kind of wained and so this blog started to fade...

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Multiculturalism is not achieved by denying religion, but by honoring all of them.

Posted on November 29, 2015
Today's Guardian has an article about an Italian headmaster who has banned Christmas carols from the schools winter concert.http://www.theguardian.com/world/2015/nov/30/christmas-is-cancelled-italians-outraged-over-school-decision-to-ban-festivitiesLast year evidentially, during the concert, a bunch of Muslim students were ordered by their parents not to sing the carols...

An Open Letter to President Obama : The Problem With Accepting Syrian Refugees.

Posted on November 25, 2015
Dear Mr. President,Don't you EVER call me bigoted or frightened or xenophobic because I will not support your half baked plan to admit Syrian refugees into America. Its not b/c of them that I object, its because of YOU!You have proven yourself to either be the dumbest President since Harding, or the biggest liar since Clinton...

Facebook won't let you see this, fortunately, That Lawyer Dude will: Christine Hoff Sommers on the Fallacy of the Gender Gap.

Posted on April 30, 2015
Want some real truth? Here it is. Facebook will not let us post this on their site (It violates their community standards??!!!) but I will let you see it.  GO HERE.Sommer drew the ire of Georgetown University's Hoya Newspaper because she tells the truth about the sacred cow of higher ed...

To Have and To Hold: SCOTUS Takes on Gay Marriage

Posted on April 27, 2015
On Tuesday April 28th the United States Supreme Court will be asked to decide if homosexuals have the right to marry each other (same sex marriage) and/or if a couple is married in a state which practices  marriage equality has a right to have that marriage recognized in a state that does not have permit gay-marriage...

Justice Delayed, Justice Not Served: State of Arizona v. Milke Finally dismissed. After 22 years on Death Row.

Posted on March 23, 2015
A perjurious lying cop (and a sex pervert) and a prosecution by omission. A SCATHING judicial opinion by one of America's most conservative judges and appellate panels and a wasted life. GOD DAMN IT just because they are cops DOES NOT MEAN YOU HAVE TO BELIEVE THEM!!! Guys like Detective Armando Saldate are a pox on the soul of American justice...

#RE2pect: The Captain Steps Away

Posted on September 29, 2014
Today was the end of the Derek Jeter era of my NY Yankees. If it couldn't have ended in NY then I am glad it happened in Boston. That was the city where I became a Yankkee fan. It is the home to half the greatest baseball rivalry RedSox v. Yankees. It's where I saw Derek play...

Friday News Dump: Obama Justice Dept. Will Ask SCOTUS to Support Marriage Equality

Posted on September 27, 2014
Good news for civil rights advocates, the Justice Dept. Civil Division through the Solicitor General's office will urge the Supreme Court to grant full marriage rights to all adults. From where I sit this is good news for a bunch of reasons. 1. While I prefer the government to stay out of the whole marriage business, if they are going to grant privileges to people who contractually agree to live with each other and potentially raise families, then those rights and privileges should be available across the board...

More on Holder Decision to Step Down and Some Thoughts on Who's Next

Posted on September 26, 2014
Now that AGOUS Eric Holder has decided to step down, there are many things to say about one of the longest and tumultuous tenured US Attorney Generals in History.The negatives abound: Fast & Furious; Contempt of (and for) Congress; Authority for Killing American Citizens abroad; the foot dragging on the IRS scandal to name a few off the top of my head...

BREAKING NEWS: AGOUS ERIC HOLDER TO RESIGN!

Posted on September 25, 2014
The New York Times is reporting that Eric Holder the Attorney General of the United States of America is going to announce his retirement from office (an office he has held for 6 years making him the longest serving Attorney General in decades and the fourth longest serving in American History) tomorrow...

A New Beginning

Posted on September 22, 2014
Hi folks. It's been nearly 100 months since I was last here. A lot of stuff has happened, some of it quite sad (you know deaths loss etc.) but I'd rather dwell on positive stuff so here goes:I AM A PARTNER IN A GROWING LAW FIRM!!!!That's right, I am now a Partner and Trial Lawyer at the Firm of Raiser & Kenniff...

It's Amateur Night!: 34 Arrested For DWI In Nassau And Suffolk Counties

Posted on January 02, 2014
I have all kinds of trouble with DWI laws. For starters they are based on bad science. Secondly they are arbitrary. I have driven behind someone who blew a .24 on a breath test and then drove for an hour better than the so called sober people in Nassau and Queens County...

Bad Cases Make Bad Laws: NYS Ct of Appeals Sustains the Martin Heigden Verdict

Posted on December 31, 2013
It was brought to my attention that one of my previous posts, where I predicted the Martin Heigden verdict convicting him of Murder (depraved indifference) would be overturned, in fact was NOT overturned. I was wrong about justice being done in the case...

"You Know Who Else Spoke Arabic? Osama Bin Laden"*: Sh*t the TSA Gets Away With When They Violate Your Freedom!

Posted on December 27, 2013
I was just about to give up on finding anything to blog about when I came across this little decision out of the US Court of Appeals for the 3rd Circuit. In George v. Rehiel et.al.  Dkt.:11-4292 (3rd Cir. 2013)( a Civil Rights case brought under 42USC1983)  an American college student of Middle Eastern Culture at a University in California was boarding a plane in Philadelphia (heading back to school) and under went an "administrative search" (which is a recognized "exception" to the 4th Amendment) at the boarding area...

Opps She Did It Again!: Nassau County NY District Attorney Kathleen Rice Blows ANOTHER "Flush the Johns" Case

Posted on December 24, 2013
In a now fifth case decided by a different Judge, Nassau District Attorney Kathleen Rice has had another of her "Flush The Johns" cases dismissed for lack of evidenceNassau District Attorney Kathleen Rice has had another of her "Flush The Johns" cases dismissed for lack of evidence...

Is There a War on Christmas? Yes! The Combatants Aren't Only Who You Think!

Posted on December 22, 2013
Every year for the last 20 it seems there has been a conversation about a "war on Christmas". My liberal friends think my Christian friends are crazy, and my Christian friends think the Libs are going to hell...I think they are both combatants against the holiday and to a large effect toward religion as a whole...

A Little Good News For a Friday Before Christmas: Innocence Project Wins Again!!

Posted on December 20, 2013
I don't want this to be a blog that only criticizes. I think there are some good things happening in criminal law. One of those good things is The Innocence Project. Started by Barry Scheck and Peter Neufeld, the defense attorney DNA Gurus these guys work with lawyers and students to undue injustice in the criminal justice system...

Breaking News: Newsday Special Investigation Into Police Misconduct on Long Island!

Posted on December 19, 2013
Newsday has broken a major investigation into police misconduct and its failures to be properly investigated or punished.  Police misconduct puts good citizens at risk and worse makes it very hard for good cops to do their jobs well. It corrupts a system...

One of the Things I Hate: Using Hate Crime Statutes to Punish Non-Hate Crimes

Posted on December 17, 2013
"During the debate on the NY Hate Crime bill, I was against the cause. It isn't that I do not think that there is something inherently wrong with a person who hurts another out of hate or prejudice, it is that : 1. I do not like to punish people for their thoughts, and 2...

No Seat For YOU!! :Dept of Homeland Security (DHS) Stops Witness From Flying to Trial to Testify Against...DHS!!

Posted on December 16, 2013
Well this is one way to win a trial. I have to remember to teach this in my next trial advocacy class...

Going Rogue: Who in the Hell is Watching the ATF??

Posted on December 15, 2013
Okay I am back, for a while I guess. Somehow my long term writers block seems to have lifted. Lets hope it stays this way for a while.We have spent most of the year looking at how the NSA is really an internal spying organization run by former military men whose level of paranoia while likely defensible is waaaayyy to high to actually run a spying agency in a democracy...

Flush Nassau DA Kathleen Rice: Her Flush the John's Sting Goes Down the Drain!

Posted on December 13, 2013
Flush the Nassau County District Attorney!! Flush the Johns a waste of money!! Acquittals and Evidence Suppressions open Nassau County up to Millions in Law suits. Hey everyone, Remember about 5 months ago when Kathleen Rice was running for re-election she had her gestapo I mean her investigators and the Nassau County Police Vice Squad set up a bunch of guys and she then plastered their faces all over the world on the Internet and accused them all of patronizing prostitutes? Yeah? Well Guess WHAT? That's right, the allegations don't hold water!!!! Newsday reported that yesterday Judge Sharon Gianelli Acquitted a guy last month and dismissed charges against another yesterday because the proof (if you can call it that) turned out to be HEARSAY!! Yeah Nassau Da Rice and her merry band of prosecutors used a detective that only heard one half a conversation to testify about what another cop told him about the other half of the conversation...

It's that time again. WBCOOP IS BACK and BIGGER THAN EVER

Posted on January 19, 2011
I have registered to play in the PokerStars World Blogger Championship of Online Poker! The WBCOOP is a free online Poker tournament open to all Bloggers, so register on WBCOOP to play.Registration code: XXXXXX 580695 That's right, in an effort to repeat endlessly the same thing and hope to get different results I am once again entering PokerStars World Blogger Championship of On-line Poker...

Nothing is more fun than a not guilty verdict... unless it is winning a poker tournament :)

Posted on January 16, 2011
I entered a poker tournament at Turning Stone Casino in upstate NY. It was part of their Winter Super-Stack tourney. I entered event number 4 the Knockout which is where you play but if you beat someone and they are knocked out of the tournament you get their "Knockout chip" which in this tournament was worth $100...

Judge Scalia: The Constitution Permits Sexual Discrimination

Posted on January 04, 2011
In an interview with the California Lawyer Magazine US Supreme Court Justice Antonin Scalia declares that the 14th Amendment to the US Constitution does not prohibit discrimination based on one's sex or sexual orientation.Scalia is an "Originalist" is one who adheres to the words of the law and what the framers of the law meant when they wrote the words and the document was passed (by the electorate...

Understanding Islamic Discrimination: Wearing the Hijab or Islamic Headscarf Is Not Grounds For Firing Someone (or arresting them either)

Posted on December 28, 2010
ABA Headline : Jailed for Wearing Headscarf to Court caught my attention for a few reasons: 1. It offends me that someone could be arrested for wearing religious gear to court; 2. I am interested in seeing how next month's House Of Representative hearings on the growth of Islamic Fundamentalism in America go (as in will we learn something about the reasons approximately fifteen percent of American Muslims between 18-30 believe suicide bombing can be justified...

Off Topic: Rain: A Beetles Tribute On Broadway

Posted on November 07, 2010
I went to see "Rain" today. It is a tribute concert to the Beetles. Rain performs the Beetles kind of in concert. There is no Broadway musical ala BeetleMania or "Jersey Boys." The musicians in "Rain" (which is evidentially an actual "cover band") are very good, and the guy who plays Sir Paul McCartney is a good look-a-like, but all in all, I'd have rather saved the money and bought the real records (or CDs if you must...

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