CRIMINAL JURISDICTION

Now what do WE Do with It

By Houston Criminal Defense Attorney John Floyd and Paralegal Billy Sinclair

The “election” is over. Former Illinois Senator Barack Obama is now President-elect Obama. While it was a tremendous victory for the “Audacity of Hope” movement, it was an even greater victory for those who believe that social justice, racial tolerance, political unity, and strong presidential leadership are needed for this nation to heal its daunting economic woes and restore its proper role as moral leader in the world community.

While 48 percent (and 57% of the white voters) of the 131 million people who cast votes in the presidential election did not vote for President-elect Obama, the Illinois Senator told them in his victory acceptance speech that he heard their concerns and would be their president as much as he would be the president of those who voted for him. The nation desperately needs that kind of inclusive leadership.

Yes we can. This nation must find the political will and moral courage to thoroughly reject political partisanship, to find ways to protect the retirement savings of the elderly, to stymie the ruthless pace of home foreclosures, to make the power brokers on Wall Street as accountable as the small business owners on Main Street, and to make sure that every citizen in this country has a reasonable opportunity to secure health care coverage.

Yes we can. The American people have spoken, both loudly and clearly. They believe that Barack Obama is the person who can achieve these lofty but attainable goals. All Americans now have a fundamental civic responsibility to support the President-elect as he undertakes the awesome task of making our individual lives better, safer and more productive. Indeed Barack Obama now has the opportunity to be the Roosevelt of the 21st century just as Roosevelt was the Lincoln of the 20th century and Lincoln the Washington of the 19th century – and we believe he has the incredible gift of intelligence, courage and fortitude to not only seize but fulfill this opportunity. (more…)

Houston Criminal Defense Attorney John Floyd Discusses Bush Administrations “Torture” Policy and Downstream Consequences

In 1994 America ratified a treaty entitled “Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.” This treaty defined “torture” as “ … any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession,” when it is “inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity.”

In May 2008 the U.S. Justice Department’s Office of Inspector General released a report that revealed American military and intelligence officials have engaged in severe interrogation tactics against terror suspects since September 11, 2001. The OIG report said that FBI agents observed and at times participated in these interrogations. As a rule the law enforcement agency was uncomfortable with the harsh methods used by CIA and military interrogators to extract information from terror suspects. The FBI observed the following of what it described as “detainee treatment” at Quantanamo Bay:

• Beating or physically abusing a detainee
• Prolonged shackling and stress positions
• Sleep deprivation or sleep disruption
• Extreme temperatures
• Use of working dogs
• Isolation
• Mistreatment of the Koran
• Touching or acting toward a detainee in a sexual manner
• Use of bright flashing lights or loud music
• Use of duct tape on detainees
• Forced shaving
• Withholding medical care
• Forced cell extractions
• Placing women’s clothing on a detainee
• Transfer to another country for more aggressive interrogation
• Threatened transfer to another country
• Threatening a detainee’s family
• Depriving a detainee of food and water
• Depriving a detainee of clothing
• FBI impersonation

The FBI observed the following “detainee treatment” in Afghanistan:

• FBI knowledge of detainee beating deaths
• Beating, choking, strangling, or other abusive handling of detainees
• Sexually abusive or humiliating contact
• Abusive body cavity searches
• Stressful or painful positions or calisthenics
• Deprivation of clothing
• Hooding or blindfolding
• Sleep deprivation or interruption
• Undocumented “Ghost” detainees
• Actual or threatened transfer to a third county
• Isolation of detainees
• Impersonation of FBI agents

(more…)