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from the exempt-from-the-law-of-the-land dept.
TechDirt reports:
[...]the FISA Court has the reputation as a rubberstamp for a reason--it almost never turns down a request.
However, in the rare instances where it does, apparently, the DOJ doesn't really care, knowing that it can just issue [a National Security Letter] instead and get the same information. At least that appears to be what the DOJ quietly admitted to doing in a now declassified Inspector General's report from 2008(PDF). EFF lawyer Nate Cardozo was going through and spotted this troubling bit:
We considered the Section 215 request for [REDACTED] discussed earlier in this report at pages 33 to 34 to be a noteworthy item. In this case, the FISA Court had twice declined to approve a Section 215 application based on First Amendment Concerns. However, the FBI subsequently issued NSLs for information [REDACTED] even though the statute authorizing the NSLs contained the same First Amendment restriction as Section 215 and the ECs authorizing the NSLs relied on the same facts contained in the Section 215 applicants...
(Score: 2) by sjames on Friday January 02 2015, @08:31PM
What makes you believe the M.E. was in error, have you reviewed the autopsy notes and/or video? Are you an M.E. or even an avid armchair anatomist? Did his finding show any failures of logic?
I agree that M.E.s can be in error. That's why we don't just pass sentence on people when the M.E. says homicide. We have an entire due process with a trial and a jury of one's peers to review the M.E.'s findings and decide if the conclusion is trustworthy. That includes the defense having a chance to have their own expert review the autopsy and rebut the findings.
The legality or not of a particular hold does nothing to negate the cause of death, though at trial it may make a great difference in the culpability of the defendant or in the severity of the crime.
As for people overreacting, perhaps a lifetime of seeing things like the Rice kid's killing resulting in a paid vacation and no prosecution have pushed them over the edge. As for Garner, a lifetime of harassment coupled with a bad day can do that to a person. See every story of the bullied kid finally popping the bully in the nose (or going nuts and shooting the place up).
(Score: 2) by Runaway1956 on Saturday January 03 2015, @12:06PM
"The legality or not of a particular hold does nothing to negate the cause of death, though at trial it may make a great difference in the culpability of the defendant or in the severity of the crime."
And, there you have it. No culpability on the part of the police in this particular case. They didn't choke the man to death. He died of causes other than being choked to death.
Now, that particular hold is MEANT to restrict the flow of blood to the brain. For that reason it has been described as a "sleeper hold" by some. Maybe, just maybe, if liberals could actually properly describe that hold, and define what it is meant to do, we could have a more intelligent discussion.
NOW, may we move on, and discuss innocent young black men who have been gunned down for no good reason? We don't have such a person here.
Abortion is the number one killed of children in the United States.
(Score: 2) by sjames on Saturday January 03 2015, @06:56PM
It is clear that your mind is made up and you would prefer not to be confused by the facts, so I'll spare you the discomfort.