federal judge

Righthaven, that right winger backed organization that goes after small bloggers for “copyright infringements”, is in a lot of trouble:

Looks like it's time to turn out the lights on Righthaven. The US Marshal for the District of Nevada has just been authorized by a federal court to use "reasonable force" to seize $63,720.80 in cash and/or assets from the Las Vegas copyright troll after Righthaven failed to pay a court judgment from August 15.

Righthaven made a national name for itself by suing mostly small-time bloggers and forum posters over the occasional copied newspaper article, initially going so far as to demand that targeted websites turn over their domain names to Righthaven. The several hundred cases went septic on Righthaven, however, once it became clear that Righthaven didn't own the copyrights over which it was suing. Righthaven, ailing, was soon buffeted by negative court decisions as a result.

In August, the case Righthaven v. Hoehn was tossed by a federal judge in Nevada, who went a step further and declared that defendant Wayne Hoehn's complete copy of a newspaper article in a sub-forum on the site "Madjack Sports" was fair use. On August 15, the judge awarded $34,045.50 to the Randazza Legal Group, which represented Hoehn. Righthaven, which had spent so much time thundering to defendants about just how badly the federal courts would make them pay... didn't pay.

Horrible news out of Tucson today:

Gabrielle Giffords, a congresswoman from Arizona, was shot in the head on Saturday at a public event held at a grocery store in Tucson, her spokesman, C. J. Karamargin, said. Others at the event, including members of her staff, were among the injured.

The gunman is in custody and described as a male in his early 20’s. There are also mixed reports on other injuries. I have seen numbers as high as 12, with six dead, including a 12 year old child and federal judge.

Giffords as one of the “targeted” Democrats in Sarah Palin’s now infamous map:

Interesting enough Palin’s people did pull this map down shortly after the news broke, however it still remains on Palin’s Facebook page.

UPDATE:

Here is the statement from Speaker Boehner:

Boehner Condemns Attack on Congresswoman Gabrielle Giffords

Washington (Jan 8)

Speaker John Boehner (R-OH) issued the following statement condemning the attack on Rep. Gabrielle Giffords (D-AZ) and members of her staff today in Tucson, AZ:

This is a huge story and one that could make or break the Obama presidency:

As promised, a federal judge has issued an injunction blocking the military from enforcing Don't Ask, Don't Tell.

Judge Virginia Philips last month found the policy unconstitutional in her ruling on a lawsuit brought by the Log Cabin Republicans and said she would issue an injunction blocking the Defense Department from enforcing the policy and discharging openly gay servicemembers.

The Justice Department objected.

"A court should not compel the executive to implement an immediate cessation of the 17-year-old policy without regard for any effect such an abrupt change might have on the military's operations, particularly at a time when the military is engaged in combat operations and other demanding military activities around the globe," attorneys said in their objection, filed in U.S. District Court in California.

The big question now is rather President Obama will abide by the decision or if he will try some legal maneuvering around it.

Finally justice is served on another person whose power in Congress became a catalyst for greed:

Former Rep. William Jefferson was sentenced Friday to serve 13 years in prison for what the lead prosecutor described as "the most extensive and pervasive pattern of corruption in the history of Congress."

While the sentence by federal Judge T.S. Ellis III fell well short of the 27 to 33 years recommended by the government, it is by the far the stiffest jail term ever imposed on a member or former member of Congress for crimes committed while in office.

Jefferson, 62, was found guilty Aug. 6 on 11 charges, including soliciting bribes, depriving citizens of honest service, money laundering and using his office as a racketeering enterprise. 

I have heard that every time a corrupt politician goes down like this that an angel gets it’s wings. Given how rampant corruption is in American politics, there must be an awful lot of angels waiting.

Didn’t expect this:

Former White House political adviser Karl Rove and counsel Harriet Miers have agreed to face questions from Congress about allegations of improper political influence in the Justice Department, the House Judiciary Committee announced Wednesday.

Both will give depositions to investigators from the committee, and claims of privilege will be "significantly limited," according to a statement from the committee.

Rove and Miers had been resisting congressional subpoenas about the matter since the House Judiciary Committee began trying to force Miers to testify in 2006. The Bush White House resisted, claiming she could not be compelled to appear. But a federal judge in Washington ruled that the former Bush administration officials had no grounds to invoke executive privilege in the case.

The committee, led by Rep. John Conyers, D-Michigan, has been investigating claims that Rove and his White House allies fired U.S. attorneys for political reasons and prosecuted officials whom they saw as opponents. Conyers called the agreement "a victory for the separation of powers and congressional oversight."

I can only guess they got some legal advice that made them decide it’s time to follow the law.

It amazed me a few weeks ago when a federal judge ruled that Google had to turn over the viewer logs for YouTube to Viacom, in Viacom's lawsuit. I read a lot of blogs that quickly blasted the decision as an invasion of privacy. It looks like they were following the tinfoil hat committee:

Google and Viacom have reached a deal to protect the privacy of millions of YouTube watchers.

Earlier this month, a New York federal judge ordered Google to turn over YouTube user data to Viacom and other plaintiffs to help them prepare a confidential study of what they argue are vast piracy violations on the video-sharing site.

Google claims it had now agreed to provide plaintiffs' attorneys with a version of a massive viewership database that blanks out YouTube usernames and IP addresses that could be used to identify individual video watchers.

Now I am not a lawyer, but this makes perfect sense. Viacom never planned on going after the millions of people who may have seen their content on YouTube. Think about it for a second - if they did these people have the ability to really hurt Viacom by simply turning off Comedy Central, not going to movies by Paramount, or boycotting any other product Viacom offers. Instead the decision was made so that Viacom could prove that people were using YouTube to watch the videos. It's part of the chain of evidence, and the ruling makes perfect sense.

Back to the bloggers for a minute. There are some on the left that really got to me. They were so quick to denounce this lawsuit and blast Viacom openly. Some of these bloggers are the very same that will fire off a nasty email to other bloggers when they feel like their content has been used without attribution. It's amazing how they love to apply double standards on this stuff.

And the dolphins win one:

President Bush cannot exempt the Navy from environmental laws banning sonar training that opponents argue harms whales, a federal judge ruled Monday.

Navy officials did not immediately respond to the ruling by U.S. District Judge Florence-Marie Cooper. Mark Matsunaga, spokesman for the Navy's Pacific Fleet, headquartered in Hawaii, said officials needed time to review it before commenting.

The president signed a waiver Jan. 15 exempting the Navy and its anti-submarine warfare exercises from a preliminary injunction creating a 12 nautical-mile no-sonar zone off Southern California. The Navy's attorneys argued in court last week that he was within his legal rights.

Imagine that - saying the President can't ignore laws nilly willy. Sounds like some sort of activist judge to me.

This is from a press release that went out this afternoon from The Heritage Forests Campaign:

The Bush administration today released documents announcing its intention to remove protections for more than six million acres of roadless areas in the national forests of Idaho. Idaho’s roadless backcountry areas are some of the nation’s last intact national forests and this proposal would open the door to their development by corporate special interests.

[SNIP]

“Last year, a federal judge struck down the Bush administration's attempt to remove protections for our nation’s wild forests. Today, 50 million acres of roadless national forests, in all states except Alaska, are protected from road construction and logging. Now, under the cover of the hectic holiday season, the administration is trying to open the door to new development in the roadless backcountry of Idaho’s national forests.