Supreme Court Backs Second Amendment

By Rob Sanna - Talk Radio News Service

The Supreme Court upheld the Second Amendment with a 5-4 vote in the McDonald vs. The City of Chicago case. The court ruled that the right to keep and bear arms be extended to state and local governments declared it unconstitutional for cities and states to ban guns.

Executive Vice President of the National Rifle Association Wayne LaPierre called the decision a "landmark case that makes the second amendment a real part of constitutional law." He said this case is a real victory because it defends the constitutional rights Americans have.

Paul Helmke, President of the Brady Campaign to Prevent Gun Violence, said the decision did not come as a surprise because arguments against gun laws were very similar to arguments made in the District of Columbia vs. Heller case in 2008, where the court also struck down gun bans. He also noted that the decision will have little direct impact, given Chicago and D.C. are the only cities with gun bans, and it is likely the cities will rewrite these laws and continue to limit gun ownership.

Helmke said that the definition of the Second Amendment is still very narrow and the right to bear arms is not unlimited. Laws that limit gun possession such as registration are still constitutional and are likely to remain law even if challenged in future lawsuits, he added.

The lead attorney who argued against gun bans in the Heller case and the McDonald case, Alan Gura said that he will continue litigation with the Chicago until public policy complies with the Bill of Rights. The city will not challenge registration laws, but Gura said they intend to focus on removing "unbelievable bureaucracy" which makes it very difficult for citizens to own guns.

Pentagon Notes

McChrystal Fallout

According to Pentagon spokesperson Bryan Whitman, General Stanley McChrystal is left with 3 options after losing his position as Afghan Commander: he can retire, be retired by the Army or be reassigned.

If he is reassigned this would involve Senate confirmation, which would likely be rocky considering the Rolling Stone piece named both McCain and Kerry.

General David Petraeus, who was tapped by Obama as McChrystal’s replacement, will head to the Hill Tuesday to make his switch to the Afgham command official.

There’s no word yet on who will take Petraeus’s place as the head of CENTCOM. The safe money is on Lt. General John Allen who is currently CENTCOM’s Deputy Commander.

Whitman told reporters Firday that Gate’s recommendation and the President’s subsequent announcement could come at any time and would not necessarily need to come after Petraeus is confirmed.

Supreme Court Overturns Enron CEO’s Conviction, Strikes “Honest Services” Law

The Supreme Court Thursday unanimously ruled that a federal law often used in corruption prosecutions is unconstitutionally vague. The law in question, making it illegal “to deprive another of the intangible right of honest services,” was used in cases where there the accused had not clearly stolen money or had not provided a concrete benefit in exchange for money.

Jeffery Skilling, former CEO of Enron, was convicted in 2006 of—among other things—depriving shareholders of his “honest services” when he made false statements about Enron's financial state and benefitted from Enron's inflated stock price. Skilling appealed his conviction, arguing that the “honest services” law was unconstitutionally vague.

Justice Ruth Bader Ginsburg, writing for the Court, said that when Congress passed the “honest services” law it had not intended the law to reach this broadly. Instead, she wrote, Congress had likely intended the law to codify language in an earlier Supreme Court decision regarding bribery and kickback schemes. The law should therefore be limited to those kinds of schemes, she wrote, and under that interpretation the law does not cover Skilling's actions.

Justice Antonin Scalia, joined by Justices Clarence Thomas and Anthony Kennedy, wrote separately but agreed with Ginsburg’s conclusion. Rather than limit the law to bribery and kickbacks, though, Scalia argued the Court should have thrown out the law entirely.

In either case, all 9 Justices agreed that the “honest services” law cannot be applied in cases like Skilling’s.

In a separate section of Ginsburg’s opinion, the Court decided that Skilling had received a fair trial in Houston, the city of Enron’s former headquarters, despite significant media coverage and the economic impact on the city from Enron’s collapse. Justice Sonia Sotomayor, the only former trial judge on the Supreme Court, disagreed, faulting the trial court for inadequately screening potential jurors for bias. Justices John Paul Stevens and Stephen Breyer agreed on this point.

The case will now return to lower courts, where judges will have to decide whether any of the charges on which Skilling was convicted can stand without the “honest services” conviction. If not, Skilling will likely face a new trial.

The case is Skilling v. US.

Napolitano Says New Technology Will Help Secure U.S. Border

By Sarah Mamula - Talk Radio News Service

Homeland Security Secretary Janet Napolitano said Wednesday that border and immigration security is the responsibility of the federal government.

Napolitano praised President Obama for his efforts to increase border security in the southwest and added that "the Obama Administration has taken it's responsibility seriously."

According to Napolitano, the administration's strategy has been successful by obtaining personnel, resources and the technology required to protect the border.

"Statistics today reflect that this approach is working," assured Napolitano.

Napolitano said the U.S. Border Patrol has increased its numbers from 10,000 to 20,000 agents, more technology is being deployed to detect smugglers and illegal cargo, and businesses that consciously hire illegal immigrants are experiencing a federal crackdown.

In addition to increased cooperation between the local, state and federal law enforcement agencies in combating border-related crimes, the 652 miles of fencing requested by Congress is expected to be completed by the end of the 2010.

"It is a very different picture now than it was before," said Napolitano. "For the first time, the Department of Homeland Security is screening 100 percent of southbound rail shipments for illegal weapons, drugs, and cash."

According to Napolitano, President Obama has requested an additional $500 million to be allocated towards securing the southwest border and will deploy 1,200 National Guard troops to strengthen the border.

Napolitano announced the beginning of computer system that will interconnect data systems of all state, local and tribal law enforcement entities working along the southwest border with those of the DHS and Department of Justice (DOJ). She also said that an automated license plate recognition system, called Project Road Runner, will also be implemented to target both north and southbound drug trafficking and associated illegal activity.

When questioned about the administration's lawsuit against Arizona's new immigration law and the refusal of the Republicans to agree with Obama's proposed immigration and border security reform, the Homeland Security Secretary refused to comment.

Kagan Gets Endorsement From Former Supreme Court Clerks

By Alexa Gitler
Talk Radio News Service

The Senate Judiciary Committee posted a letter on its website signed by 29 individuals who clerked with Supreme Court nominee and current U.S. Solicitor General Elena Kagan in the late 1980's.

"All of us believe that Elena would be an outstanding Justice," read the letter.

Among the 29 individuals were Harry Litman, former law clerk to Justice Thurgood Marshall, whom Kagan clerked for in 1988, Teresa Roseborough, former clerk to Justice John Paul Stevens, and Peter Keisler, former clerk to Justice Anthony Kennedy, all of whom praised Kagan during a conference call with reporters on Wednesday.

"The labels of liberal or conservative don't really have strong attachment to her, she approached things without an agenda, she tried to understand things in as much depth as possible and was thought of as a quintessential thinker," said Roseborough.

The former clerks were hesitant to answer any questions about Kagan's personal views or opinions she may have shared with them, but all of them expressed their belief that Kagan is exceptionally well-qualified and should be nominated to serve on the Court.