Category Archives: Society

Britain, Government, Politics, Society

The Conservative Party manifesto leaves us little wiser

GENERAL ELECTION 2017

During this election, Theresa May has conducted such an anodyne campaign that there was an earlier suspicion that she may have felt she could get away with not presenting a manifesto. After all, did she really need too? Riding high in all opinion polls, and with the Labour Party in no proper or fit state to present a genuine challenge, she has been able to glide through on soundbites and rhetoric. Why risk inviting trouble?

In the last few days, that manifesto was delivered. There is little in its pages that really rocks the boat. There is little about Brexit, other than a few broad details we are already aware of. Considering that this snap election was called purely because Mrs May wanted Brexit negotiations to be done her way, the lack of clarity is disappointing if unsurprising.

Whilst not entirely risk-free from voter desertion, the elderly will have good reason to feel hard done by. The triple lock on pensions will no longer be guaranteed, and worryingly for those in England and Wales, a greater proportion of the cost of social care is being passed on to individuals. Many will fear the loss of their home and other capital assets in paying for it.

Aside from that, Mrs May has pledged a ‘mainstream government that would deliver for mainstream Britain’, a slogan which appears accurate for a set of proposals which aren’t too far off centre. It is here where she is likely to succeed in securing victory on June 8, by deliberately moving into the area Labour had to occupy to get Tony Blair into Downing Street (just as Labour under Jeremy Corbyn vacate the middle ground to set up camp on the far left).

The stance taken by the prime minister represents astute politics, and much the same can be said of her handling of the Scottish Government’s request for a second independence referendum. Again, Mrs May plays the ‘now is not the time card’ which kicks another ballot anytime soon into the long grass. No doubt she will try to avoid the matter until after the next Holyrood elections – in the hope that, by that time, the SNP will not be in a position to call a referendum. It’s hard and timely politics at work.

If Mrs May’s advisers can keep her out of trouble, the manifesto should be enough to secure the majority she seeks. By aiming for the middle ground, she has started a process of countering the Tories ‘nasty party’ image. Yet, this manifesto tells us very little about what life will be like under Mrs May, because our future will be determined by Brexit. Until we know what that is, we cannot really judge on whether the Conservative Party has changed for the good.

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Britain, Legal, Media, Society

Libel threat to the Press is facing axe

PRESS REGULATION

The Conservatives have said they will scrap a draconian law on the Press that would have forced newspapers to pay all legal costs in a libel case even if they won.

The party’s manifesto, released earlier this week, pledged to repeal Section 40 of the Crime and Courts Act and spare papers from “crippling” costs. The party has also said it would axe the second stage of the Leveson Inquiry into Press Culture, practices and ethics.

This was expected to investigate law-breaking and improper conduct by media organisations, following the first stage into phone hacking and whether police were complicit in misconduct.

Also, websites that benefit from newspaper content could be pressured to share advertising profits.

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Government, Legal, Politics, Society, United States

What Is Obstruction of Justice?

UNITED STATES

Ever since President Donald Trump fired FBI Director James Comey last week the term “obstruction of justice” has been swirling inside Washington D.C. and across cable television. The rhetoric has somewhat intensified after the New York Times cited a memo from Mr Comey claiming that the president had asked him to shut down an investigation into former National Security Adviser Michael Flynn following his resignation.

Using social media networking site Twitter, Senator Chris Murphy has asked about the exact definition of “obstruction of justice” and highlights the frenzy between Democrats and Republicans over its meaning. Mr Murphy tweeted with a link to the Times report.

Senator Sheldon Whitehouse tweeted: “Yesterday, secrets to the Russians. Today, obstruction of justice? When does this end?”

But what exactly is Obstruction of Justice and how does it relate to the headlines that have been coming out of the Beltway?

Obstruction of Justice is essentially someone who intentionally intervenes or tampers with an ongoing investigation.

Obstruction of Justice

The Times wrote that the memo is “the clearest evidence that the president has tried to directly influence the Justice Department and F.B.I. investigation into links between Mr. Trump’s associates and Russia.”

“You can’t get in the way or do anything to impede an investigation that has already been launched and if you do you may suffer criminal penalties,” said William C. Banks, a law professor and Director of the Institute for National Security and Counter-Terrorism at Syracuse University.

The federal code has 21 statutes outlining the different methods of obstruction of justice, including the use of murder or physical force to disrupt a testimony influencing a juror, and falsifying records. But one of the statutes, 18 U.S. Code § 1512 also includes a general provision, explaining that someone who “otherwise obstructs, influences, or impedes any official proceeding, or attempts to do so, shall be fined under this title or imprisoned not more than 20 years, or both.”

But the key to proving obstruction of justice, explains Robert Weisberg, a law professor at Stanford, is that the intervention has to be propelled by corrupt motives.

“If it’s a threat, that makes it a crime. If it’s not a threat – but a request – it could still be a crime if the threat is motivated by a corrupt purpose,” Weisberg said.

The punishment varies, and usually depends on what the person was convicted for, but the maximum is 20 years of imprisonment if fined under the federal statute of 18 U.S. Code § 1512. In 1974, articles of impeachment drafted against Richard Nixon accused him of obstructing justice after he refused to hand over his tape recordings to the FBI. Nixon resigned, but faced no charges because Gerald Ford pardoned him.

In 2007, then Vice President Dick Cheney’s former Chief of Staff Scooter Libby, was convicted of Obstruction of Justice – in addition to lying to a grand jury and FBI agents – regarding the federal investigation into the leak of the identity of Valerie Plame and received a 30-month prison sentence before President George W. Bush pardoned him that June.

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