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Court seems to favor fired whistleblower
Top Legal News |
2014/11/05 22:34
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The Supreme Court on Tuesday seemed inclined to rule in favor of a former federal air marshal who wants whistleblower protection for leaking information about aviation security plans.
Several of the justices indicated during oral argument that Robert MacLean did not violate the law when he revealed to a reporter government plans to cut back on overnight trips for undercover air marshals despite a potential terror threat.
MacLean said he leaked the information to an MSNBC reporter after supervisors ignored his safety concerns. His revelations in 2003 triggered outrage in Congress and the Department of Homeland Security quickly decided not to make the cutbacks, acknowledging it was a mistake.
But MacLean was fired from the Transportation Security Administration three years later, after the government discovered he was the leaker.
A federal appeals court ruled last year that MacLean should be allowed to present a defense under federal whistleblower laws. The Obama administration argues that whistleblower laws contain a major exception — they do not protect employees who reveal information "prohibited by law."
Deputy Solicitor General Ian Gershengorn told the justices that TSA regulations specifically prohibit disclosure of "sensitive security information," including any information relating to air marshal deployments.
But several of the justices pointed out that the Whistleblower Protection Act refers only to other laws, not agency regulations.
"So it is prohibited by regulations, let's not play games," Justice Antonin Scalia told Gershengorn.
Justice Stephen Breyer suggested that since no law seemed to ban the kind of information MacLean leaked, the president could simply issue an executive order to keep TSA workers from disclosing that kind of information. |
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Southern California Personal Injury Lawyers
Firm News/California |
2014/11/04 23:39
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Here at the Law Offices of Robert W. Jackson, APC, we are expert trial Lawyers with the ability to present and prepare your case professionally. This professionalism with prevent you and your attorney from being bullied by insurance companies.
Our objective is to secure fair compensation for your injuries, no
matter where that takes place. As trial lawyers, we are not scared to
go to court, and we will not convince you to take a small settlement
out of fear of a trial. We are unafraid of the insurance companies,
and we will fight till the end to get you what you deserve. Other
lawyers aim to get a settlement, and if that doesn't work they are
scared to go to trial. Often times, such attorneys will refer you to
experienced trial lawyers like us.
We at the Law Offices of Robert W. Jackson, APC understand that you
are going through a difficult time with your injury or auto accident.
The physical, financial, and emotional toll it takes on you can be
overwhelming. It is our goal to ease your burdens and help facilitate
resolution with insurance companies, opposing lawyers, medical
facilities, and government agencies. Conveniently located in Fallbrook
and Cardiff, California, we are poised to represent those throughout
San Diego County.
If you do not take the proper steps immediately, your claim for an
injury may be seriously degraded. Seek medical treatment for your
injuries and pain immediately, and then call us for a consultation.
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Appeals court takes on NSA surveillance case
Top Legal News |
2014/11/04 23:38
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A conservative gadfly lawyer who has made a career of skewering Democratic administrations is taking his battle against the National Security Agency's telephone surveillance program to a federal appeals court.
Activist attorney Larry Klayman won the first round in December, when U.S. District Judge Richard Leon, a Republican appointee, ruled that the NSA's surveillance program likely runs afoul of the Constitution's ban on unreasonable searches. The government appealed.
In court filings in preparation for Tuesday's argument, the Justice Department told three Republican-nominated appeals judges that collecting the phone data is of overriding and compelling importance to the nation's security.
Former NSA systems analyst Edward Snowden revealed the phone data collection effort a year and a half ago, triggering a debate over privacy rights and surveillance.
In New York, the U.S. Court of Appeals for the 2nd Circuit recently heard arguments in an appeal of a judge's opinion that found the surveillance program legal.
The three appeals judges in the Washington case have generally come down on the government's side on national security issues.
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Personal Injury Lawyers Practicing Throughout Texas
Attorneys News |
2014/10/30 18:16
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Our team of attorneys has extensive experience representing clients from every part of Texas. The Salazar Law Firm not only gives personal attention to each client, but we also have the resources and technology to handle all types of cases. Many individuals do not know about their rights when it comes to the law, but we are here to help. For anything from a simple injury case to a highly complex legal issue, we will give you results. Call us today to be informed of your rights and to have your case reviewed.
You can be assured that your case will be seen and handled by each member of our staff, which allows your case to be known by the whole firm. This lets us be thorough and enables you to reach out to anyone on our staff. We make ourselves available at all times, even if that means answering your call after hours. Ultimately, the Salazar Law
Firm seeks to responsibly deliver quality service to Texans all over. This means we have staff who can communicate in Spanish, Vietnamese,and English.
Our office works best in casual attire, saving our suits for court and client meetings. Working hard need not be dull. United by the desire to produce the best outcome for our clients, our staff members are a team of friends in addition to being co-workers. Our employees not only get the job done, but also pursue hobbies and accomplishments outside the office. Each person brings something unique to the table. This kind of environment allows us to strive for business excellence in all the work that we do.
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Marine wants new charges in Iraq war crime tossed
Attorneys News |
2014/10/30 18:08
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The Marine Corps should not be retrying a sergeant whose murder conviction in a major Iraq war crime case was overturned by the military's highest court after he served half of his 11-year sentence, his defense attorneys say.
Civilian defense attorney Chris Oprison said he has filed nine motions that he will present during a two-day hearing for Lawrence Hutchins III that starts Thursday at Camp Pendleton Marine Corps base, north of San Diego.
"We think all these charges should be dismissed," Oprison said. "What are they trying to get out of this Marine? He served seven years locked up, away from his wife and family. Why are they putting him through this again after he served that much time?"
The military prosecution declined to comment.
The Marine Corps ordered a retrial for Hutchins last year shortly after the ruling by the Court of Appeals for the Armed Forces that found his rights were violated by interrogators in 2006 when he was detained in Iraq and held in solitary confinement without access to a lawyer for a week.
The new defense team is asking the judge to let them go to Iraq to interview witnesses in the village of Hamdania, where Hutchins led an eight-man squad accused of kidnapping an Iraqi man from his home in April 2006, marching him to a ditch and shooting him to death. Hutchins has said he thought the man was an insurgent.
Before his release, the Marine, from Plymouth, Massachusetts, had served seven years in the brig for one of the biggest war crime cases against U.S. troops to emerge from the war. None of the other seven squad members served more than 18 months.
The military last summer re-charged Hutchins. Among the charges is conspiracy to commit murder, which Oprison said is double jeopardy. Hutchins was convicted of murder at his original trial and acquitted of murder with premeditation.
Hutchins' defense attorneys also say the military compromised his case when its investigators raided defense attorneys' offices at Camp Pendleton in May. Oprison said investigators rifled through privileged files that held "the crown jewels" of Hutchins' defense case. |
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Washington high court to hear charter schools case
Headline News |
2014/10/28 21:23
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The Washington Supreme Court is scheduled to hear arguments on Tuesday about whether the voter-approved charter school law violates the state constitution.
King County Superior Court Judge Jean Rietschel found in December that parts of the new law were unconstitutional. Her decision focused on whether certain taxpayer dollars can be used to pay for the operation of charter schools.
Those dollars are essential to the success of these new schools, according to the people who want to open nine charter schools in Washington state next fall. The state's first charter school, First Place Scholars, opened in Seattle this fall.
Both sides asked the state Supreme Court to skip the appeals court process and directly review the case. |
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