In January I published a break down of the top cases and judicial issues to watch in 2014. Now that the year is coming to an end, it seems appropriate to give you a progress report and see where those cases all ended up.

8. Lavabit and Ladar Levison

The case in January: After Edward Snowden’s revelations about NSA spying, it was discovered that he was using an encrypted email service called Lavabit. The owner, Ladar Levison, was court-ordered to hand over access to the entire site to the government, because Lavabit’s programming made it impossible to hand over access to just Snowden’s account. In protest, Levison shut down the site, defied a gag order, and has now filed an appeal.

What happened in 2014: Ladar Levison lost his appeal in April when he was hit with contempt of court charges. However, the Fourth Circuit Court of Appeals, where the case was held, didn’t rule against Levison because of the merits of the case, but rather because it believed he had made a procedural misstep from the beginning and its hands were tied.

7. Jodi Arias

The case in January: In 2013, we saw the extremely weird case involving Jodi Arias in Arizona. She was eventually convicted of murdering her boyfriend, Travis Alexander. It was a gruesome and disturbing case in which the jury found her guilty; however, they could not agree on whether to sentence her to life in prison, or to death. A mistrial was declared on the sentencing portion of her trial and the new sentencing trial will also have new jurors.

What happened in 2014: The sentencing phase of Arias’ case is still underway. There’s controversy over some “mystery witness” and Arias demanding that the proceedings be made secret. What Arias’ sentence will be remains just as big of a mystery.

6. McCullen v. Coakley 

The case in January: McCullen v. Coakley has been waiting for its day in court since 2001. There was appeal after appeal before the Justices agreed to hear it. It involves a law that Massachusetts instituted to create a 35-foot buffer zone around reproductive health facilities.

What happened in 2014: SCOTUS ruled the Massachusetts buffer zones unconstitutional in the sense that they impeded protesters’ Freedom of Speech. If you’d like more information on the case, check out fellow Law Streeter Erika Bethmann’s excellent takedown of the decision: Sorry SCOTUS, Harassment isn’t Free Speech.

5. Silkroad Case

The case in January: The infamous illegal-good site Silk Road was removed from the web last Fall, and its alleged creator, Ross Ulbricht, was arrested. The site sold drugs and fraudulent IDs, among other things. In addition to being indicted for his work on the site, he has was accused of hiring assassins. The $80 million he allegedly made through the site is now in government custody.

What happened in 2014: The case against Ross Ulbrecht has been delayed until January 2015. He pleaded not guilty to various drug trafficking, money laundering, hacking, and criminal enterprise charges. According to his defense counsel, the case has been delayed because:

The court did not provide its reasons for the adjournment, but we asked for it earlier this week based on a couple of factors: the danger that the trial would run into the Christmas holidays, which would affect juror availability and the continuity of the trial; some technical and logistical delays (owing to the limitations inherent in Mr. Ulbricht’s pretrial confinement) in getting Mr Ulbricht access to some discovery; some other scheduling issues.

4. Marriage rights

The case(s) in January: The Supreme Court already put a stop to Utah’s same-sex marriage licenses in 2014. The case will now go to the nearest appeals court. This is just one example; there are other cases regarding the rights of homosexuals to marry all over the United States.

What happened in 2014: The victories just keep coming for gay marriage advocates. One of the biggest was on October 6 when the Supreme Court chose not to hear a whole collection of cases challenging same-sex marriage bans in a bunch of different states. Because it declined to weigh in on the appeals court decisions that had ruled the marriage bans unconstitutional, SCOTUS effectively increased the number of states with gay marriage to 30.

3. Voting Rights Cases

The case(s) in January: There have been a variety of efforts at the state level to change voting rights laws, and the DOJ and various special interest groups have stood up to these changes when needed. But in 2013, part of the Voting Rights Act was struck down by the Supreme Court. So, each challenge to voting rights has to be filed against separately. As a result, many suits will be heard in 2014 to states’ attempted voting rights changes.

What happened in 2014: As with gay marriage, there are a lot of cases still running through the system. Unlike gay marriage, there hasn’t been quite as much progress. There have been some cases argued in front of appeals courts, and some voter ID laws struck down, such as in Wisconsin and Texas. It seems like voter ID laws, as well as other restrictive voting laws will end up being decided on a state-by-state basis for a while.

2. Contraception 

The case(s) in January: There were contraception cases regarding coverage through the Affordable Care Act that made it to the court in 2013, but many more will be on deck in 2014. One involves a nonprofit called Little Sisters of the Poor, and others involve for-profit companies like Hobby Lobby.

What happened in 2014: The Hobby Lobby case was one of the biggest decisions to come out of SCOTUS this year. The Hobby Lobby decision made it so that private employers could refuse to provide certain contraception coverage in their insurance plans. While the justices attempted to make the case very narrow and make sure that they just ruled on the specifics of that case so that the “floodgates” wouldn’t be opened, what ramifications it may have down the road will be interesting to see.

1. NSA Cases

The case(s) in January: A lot of cases have been filed regarding the NSA’s monitoring of US citizens. A few may make it to the high court. US District Court Judge Richard Leon in Washington recently ruled that the NSA monitoring was unconstitutional. Meanwhile, District Court Judge William Pauley in New York dismissed a similar case. That kind of contradiction could lead to a big legal showdown in 2014.

What happened in 2014: This is another issue that has in many ways not come to its full judicial potential. Some cases are moving forward though — a federal appeals court in DC just started to hear a case that questioned the constitutionality of the NSA collecting so much data after the passage of the Patriot Act. This will be an issue to keep our eyes on moving into 2015.

Anneliese Mahoney

Anneliese Mahoney is Managing Editor at Law Street and a Connecticut transplant to Washington D.C. She has a Bachelor’s degree in International Affairs from the George Washington University, and a passion for law, politics, and social issues. Contact Anneliese at amahoney@LawStreetMedia.com.

The post Cases to Watch in 2014: Where are They Now appeared first on Law Street.

On Thursday, January 20, 2014, President Obama nominated Vice Admiral Michael S. Rogers to replace General Keith Alexander to be the new Chief of the National Security Agency (NSA). The NSA has been buffeted by controversy after controversy due to the documents leaked by Edward Snowden. Considering all of the new allegations coming to light on a continual basis, it is important to ask how Michael Rogers, if confirmed by the Senate, can change the NSA — and if he can change it for the better.

Vice Admiral Rogers is a decorated, longtime member of the armed forces, specializing in cryptology in the Navy shortly after graduating Auburn University in 1981. Beginning in 2003, Rogers served the Joint Chiefs of Staff for the Iraq War as part of the Joint Staff, the advisory team tasked with analyzing current and future strategies in warfare, including the network defense capabilities overseen by Rogers himself. The Vice Admiral has had a smooth career progression since that stint, shooting up to Director of Intelligence for Pacific Command in 2007, Director of Intelligence for the Joint Chiefs of Staff in 2009, and finally becoming the first-ever commander, U.S. Fleet Cyber Command.

Rogers’ Senate confirmation most likely will take another month, and citing a tradition barring any media interviews until after confirmation, it is unlikely that average Americans will get to know their future NSA Chief ahead of that. He is most likely going to be asked about his operations in Cyber Command, as that agencies, as well as the NSA, are pertinent to national cybersecurity. President Obama, ignoring recommendations from an NSA advisory panel and Director of Intelligence James Clapper, Jr., has decided to keep the NSA and Cyber Command leadership posts under the same roof.

Yet, now that we know Vice Admiral Rogers is an exemplary officer, the question arises whether he’ll be looking to safeguard Americans’ privacy in this new digital age. The Snowden documents have outlined numerous programs designed to collect bulk data from Americans every day, and there is a new public shift in opinion toward reigning in these programs. According to an Associated Press/GfK poll released January 27, 60 percent of respondents reported valuing privacy over terrorism concerns regarding NSA activities. In a statement following Rogers’ nomination, Secretary of Defense Chuck Hagel said, “I am…confident that Adm. Rogers has the wisdom to help balance the demands of security, privacy, and liberty in our digital age.” Confidence in Rogers would be appropriate considering his admirable service to our country, but it remains to be seen how Rogers will deal with the politics that come along with the country’s concerns over domestic surveillance programs.

One issue to ponder during Rogers’ confirmation hearings include possible clemency for Edward Snowden, as interest in this topic has picked up in recent weeks. A Washington Post-ABC News poll shows that the majority of Americans think Snowden should be charged with committing a crime, as opposed to allowing full clemency (52-38%). Reconciling this information with editorial boards, such as the New York Times, calling for forgiveness for the former systems administrator, will be tough, indeed. Rogers will have to work with the NSA’s new privacy advocate, Rebecca Richards, in order to properly safeguard Americans’ privacy rights. On top of these new responsibilities of the newest NSA leader, there are reports that privacy advocates aren’t too sure of the President’s nominee. This is natural, considering Rogers’ extensive experience within the nation’s armed forces.

President Obama introduced new reforms into the government’s phone metadata collection program, one of the first operations revealed by the Snowden leaks through the Guardian and the Washington Post. It is not clear as of now how Vice Admiral Rogers will handle changes such as acquiring a warrant before searching the metadata database; tracking individuals two steps removed from a suspected terrorist as opposed to the former three steps; and deciding where the metadata information will be stored. The pressure’s on for the experienced cryptologist, as there are conflicting court decisions over the legality of the phone surveillance program, as well as a federal commission voting 3-2 that the metadata practices are unconstitutional.

Whether one thinks that the National Security Agency programs are constitutional or illegal, it will take some time for there to be a consensus within the federal court system — most likely to be determined by the Supreme Court. In the meantime, it’ll be important to see how Vice Admiral Rogers answers the questions at his upcoming Senate confirmation hearings. This will be the key to how America’s spy programs will be run for the time being.

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Dennis Futoryan (@dfutoryan) is an undergrad with an eye on a bright future in the federal government. Living in New York, he seeks to understand how to solve the problematic issues plaguing Gothamites, as well as educating the youngest generations on the most important issues of the day.

Featured image courtesy of [U.S. Navy photo by Mass Communication Specialist 1st Class Joshua J. Rogers via Wikipedia]

Dennis Futoryan

Dennis Futoryan is a 23-year old New York Law School student who has his sights set on constitutional and public interest law. Whenever he gets a chance to breathe from his law school work, Dennis can be found scouring social media and examining current events to educate others about what’s going on in our world. Contact Dennis at staff@LawStreetMedia.com.

The post Just Who Is Our Next NSA Chief? appeared first on Law Street.

This year promises to be an interesting one in law. Here are some of the most interesting cases, trials, and legal topics y’all might want to keep your eyes on in 2014.

(Note: I have tried not to include Supreme Court cases that were heard in 2013 but will be ruled upon in 2014, as most of those have already been heavily covered by the media during oral arguments.)

8. Lavabit and Ladar Levison 

The case: After Edward Snowden’s revelations about NSA spying, it was discovered that he was using an encrypted email service called Lavabit. The owner, Ladar Levison, was court-ordered to hand over access to the entire site to the government, because Lavabit’s programming made it impossible to hand over access to just Snowden’s account. In protest, Levison shut down the site, defied a gag order, and has now filed an appeal.

Why it matters: This year, mainly from the NSA spying scandal, we learned about the technological abilities our government uses to monitor US citizens. This court ruling will either stifle or extend those abilities. For those who oppose the government having access to personal information, this Lavabit case may set important precedent — and it really will be a case to watch.

7. Jodi Arias Sentencing

The case: In 2013, we saw the extremely weird case involving Jodi Arias in Arizona. She was eventually convicted of murdering her boyfriend, Travis Alexander. It was a gruesome and disturbing case in which the jury found her guilty; however, they could not agree on whether to sentence her to life in prison, or death. A mistrial was declared on the sentencing portion of her trial and the new sentencing trial will also have new jurors.

Why it matters: The Defense has gone so far as to request a change of venue for the resentencing portion. They have argued that the huge media attention directed at the case has the potential for bias. That may be true, and it certainly wasn’t the first case with a big media blitz –Casey Anthony ring a bell? But if that’s actually the case, a change in venue won’t help — this case was huge all over the country. I’m reminded of an SNL skit from a few years ago about choosing jurors for OJ Simpson’s 2007 robbery and assault case. Watch it here, it’s really funny. But all joking aside, it’s the truth. It will be incredibly hard to find jurors who haven’t heard of Jodi Arias. Is it possible that our obsession with watching justice unfold is getting in the way of justice itself? Maybe we’ll get some answers with this retrial. 

6. McCullen v. Coakley 

The case: Oral arguments for McCullen v. Coakley are scheduled before the Supreme Court later this month. This case has been waiting for its day in court since 2001; there was appeal after appeal before the Justices agreed to hear it. It involves a law that Massachusetts instituted to create a 35-foot buffer zone around reproductive health facilities.

Why it matters: First of all, as I mentioned, this case has been going on for a very long time. The Supreme Court’s decision will add some sort of finality to it, no matter what the decision may end up being. Second, it could reverse a much-relied upon precedent, Hill v. Colorado, which allowed an eight-foot buffer zone. Finally, it raises an important constitutional issue about which right is more important: the right to free speech, assembly, and protest, or the right to seek an abortion without harassment?

Hopeful finality for this case.

5. Silkroad Case

The case: The infamous illegal-good site Silk Road was removed from the web this Fall, and its alleged creator, Ross Ulbricht, was arrested. The site sold drugs and fraudulent IDs, among other things. In addition to being indicted for his work on the site, he has now been accused of hiring assassins. The $80 million he allegedly made through the site is now in government custody. In 2014, he’ll either work out some sort of deal with the government, or face trial.

Why it matters: Silkroad had a huge market. It was relied upon by many people to get illegal goods relatively safely. Most of the Bitcoins (an electronic currency) in existence went through this site. And it was really only a matter of time until it shut down.

But, and this point is becoming a common trend on my list, it’s also another mark of how the government’s ability to use technology for prosecutorial purposes is evolving. I can assure you that this will have ramifications in the future, because people aren’t going to stop buying illegal stuff over the Internet. They’ll just get better at it.

4. Marriage Rights

The case(s): The Supreme Court already put a stop to Utah’s same-sex marriage licenses in 2014. The case will now go to the nearest appeals court. This is just one example; there are other cases regarding the rights of homosexuals to marry all over the United States.

A spontaneous reaction after the DOMA ruling last year.

Why it matters: 2013 was a banner year for gay rights in a lot of ways, but it’s important to note that the court cases will probably continue for years to come. There’s a lot of work to be done, and it doesn’t seem like the Supreme Court would unilaterally rule to legalize gay marriage. In 2014 we will continue to see more cases, trials, and hopefully, victories.

3. Voting Rights Cases

The case(s): There have been a lot of efforts at the state level to change voting rights laws, and the DOJ and various special interest groups have stood up to these changes when needed. But in 2013, part of the Voting Rights Act was struck down by the Supreme Court. So, each challenge to voting rights has to be filed against separately. As a result, many suits will be heard in 2014 to states’ attempted voting rights changes.

Why it matters: The change to the Voting Rights Act makes it more difficult for suits to be filed against voting rules, but special interest groups will also be under pressure to make changes before the 2014 midterms and 2016 national elections.

2. Contraception

The case(s): There were contraception cases regarding coverage through the Affordable Care Act that made it to the court in 2013, but many more will be on deck in 2014. One involves a nonprofit called Little Sisters of the Poor, and others involve for-profit companies like Hobby Lobby.

Why it matters: Not only is contraception a hot political issue, these cases involve parts of the Affordable Care Act. Parts of the ACA have already made it to the Supreme Court, but this will be a new decision will have ramifications as to whether or not companies are required to cover contraception for their employees, regardless of religious beliefs.

1. NSA Cases

The case(s): A lot of cases have been filed regarding the NSA’s monitoring of US citizens. A few may make it to the high court. US District Court Judge Richard Leon in Washington recently ruled that the NSA monitoring was unconstitutional. Meanwhile, District Court Judge William Pauley in New York dismissed a similar case. That kind of contradiction could lead to a big legal showdown in 2014.

Why it matters: The NSA surveillance debate was one of the biggest controversies of the year, and raised many legal questions about the ability of the government to monitor its people. What happens in these cases could set a serious precedent.

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Anneliese Mahoney (@AMahoney8672) is Lead Editor at Law Street and a Connecticut transplant to Washington D.C. She has a Bachelor’s degree in International Affairs from the George Washington University, and a passion for law, politics, and social issues. Contact Anneliese at amahoney@LawStreetMedia.com.

Featured image courtesy of [Dan Moyle via Flickr]

Anneliese Mahoney

Anneliese Mahoney is Managing Editor at Law Street and a Connecticut transplant to Washington D.C. She has a Bachelor’s degree in International Affairs from the George Washington University, and a passion for law, politics, and social issues. Contact Anneliese at amahoney@LawStreetMedia.com.

The post Cases to Watch in 2014 appeared first on Law Street.

Democrats are usually the ones to promote more government control, but President Nixon was a Republican. Though he achieved many things during his presidency, like most people, he is remembered for his scandal. The Watergate Scandal was named after the Watergate Complex in Washington D.C., the location of the Democratic Party headquarters where Nixon’s men were caught breaking in. This was not the limit of the illicit activities Nixon led. His surveillance was far more meticulous, bugging offices of his opponents and creating transcripts from the tapes. Public outrage fueled the nation, and talks of impeachment spewed from most mouths. After much denial, Nixon accepted the blame, publicly apologized for his mistake, and acquiesced to the public consensus about his misbehavior by resigning. The matter of right and wrong was obvious.

Less obvious but very similar is the situation with the National Security Agency. They are not only analyzing domestically, but also internationally. NSA’s interactions with other nations are mirroring Nixon’s ideology. NSA permits the US to monitor our competitors and alter our diplomacy respectively. Although NSA’s spying had been justified as a security precaution against terrorism, NSA is towing a fine line. Germany, France, Mexico, and Brazil have all officially complained to the US about NSA’s interference. The famous fugitive and ex-NSA member, Edward Snowden claimed that NSA was monitoring the phone calls of 35 world leaders, among many other political officials, sparking the debate about NSA’s morality. Since then, resentment, both foreign and domestic, has prevailed.

Last month, Dilma Rousseff, the Brazilian president, spoke at the UN general assembly, bringing to light her discontentment with NSA activities pertaining to her nation, “tampering in such a manner in the affairs of other countries is a breach of international law and is an affront of the principles that must guide the relations among them, especially among friendly nations. A sovereign nation can never establish itself to the detriment of another sovereign nation. The right to safety of citizens of one country can never be guaranteed by violating fundamental human rights of citizens of another country,” she condemned. The NSA, she announced, collected personal information of Brazilian citizens, along with information about specific industries, primarily oil industries. The German Chancellor, Merkel also confronted the US about NSA recent activities, “we need to have trust in our allies and partners, and this must now be established once again. I repeat that spying among friends is not at all acceptable against anyone, and that goes for every citizen in Germany.”

Similarly, Le Monde, a reputable French newspaper, released information on NSA’s french metadata, “the NSA graph shows an average of 3 million data intercepts per day with peaks at almost 7 million on 24 December 2012 and 7 January 2013.” Le Monde also claimed the NSA planted bugs in the French embassy in Washington, and hacked tens of millions of computers in France this year. Prior to the news leak by Le Monde, French foreign minister, Mr Fabius, told the US president,”I said again to John Kerry what Francois Hollande told Barack Obama, that this kind of spying conducted on a large scale by the Americans on its allies is something that is unacceptable.” With the shocking new information about NSA’s unlawful actions being published, the situation,  on US-French relations are exacerbated.

The difference in our ease to distinguish right and wrong in the Watergate scandal and the NSA security breaches test our morals. Are American morals contingent to our context only? Our action so far indicate that spying domestically on our opponents is a mortal sin, but internationally, it is okay. The freedoms we are allotted and the restrictions we face are variables of time, as is our living constitution, but what about our morals? The Watergate Scandal demonstrated American tenacity for ethics and caused for an eradication of a wrongdoer, will the NSA breach result in a fix too?- Will government policies adjust to current times to keep stable our set of values?

 [Press TV] [BBC] [Le Monde] [Euronews]

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Featured image courtesy of [Mike Herbst via Flickr]

Vasudha Sadana

The post NSA: A Repeat of Watergate appeared first on Law Street.

Edward Snowden finally left Sheremetyevo Airport, where he had been located for nearly 40 days, now that he has been granted asylum in Russia for one year.  After leaking revealing documents about National Security Agency (NSA) surveillance programs, Snowden fled the United States and made it to Russia before the U.S. revoked his passport. Snowden sees his grant of asylum as a victory for the law, which he believes the U.S. had been disrespecting since the leak occurred. Snowden left the airport with Wikileaks reporter Sarah Harrison, whom he has been with since his arrival.

Russia’s recent actions have created diplomatic problems with the United States government, as they have actively tried to get Snowden to return for a proper trial.  According to White House Press Secretary Jay Carney, the Obama administration was “extremely disappointed” with Russia’s decision, continually urging for Snowden’s extradition since his arrival in Russia.

[Politico]

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Featured image courtesy of [thierry ehrmann via Flickr]

Kevin Rizzo

Kevin Rizzo is the Crime in America Editor at Law Street Media. An Ohio Native, the George Washington University graduate is a founding member of the company. Contact Kevin at krizzo@LawStreetMedia.com.

The post Snowden Granted Asylum appeared first on Law Street.

A military judge acquitted Pfc. Bradley Manning of aiding the enemy on Tuesday, the most serious of the 22 counts he faced.  However, he was still found guilty of charges that could total a combined 136 years in jail. The charges relate to the massive release of video, diplomatic cables, and classified reports to the website WikiLeaks back in 2010, marking the largest leak of classified material in the history of the United States. Prior to his trial, Manning had pleaded guilty to part of at least 10 different charges and was found guilty on 20 counts Tuesday. The sentencing phase of his trial will begin Wednesday, which will answer most of the remaining questions about the potential for jail time.

In addition to the charge of aiding the enemy, Manning was also found not guilty of leaking a video of a U.S. airstrike in Afghanistan that killed many innocent civilians in 2009.  This case is part of the rising trend in document leaking cases. It is one of seven that occurred during the Obama administration alone.  Parallels have also been drawn between this verdict and the fate of Edward Snowden, who leaked classified National Security Agency files earlier this year.  Snowden currently remains in Russia where he awaits a decision on his application for asylum.

[Politico]

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Featured image courtesy of [doodle dubz via Flickr]

Kevin Rizzo

Kevin Rizzo is the Crime in America Editor at Law Street Media. An Ohio Native, the George Washington University graduate is a founding member of the company. Contact Kevin at krizzo@LawStreetMedia.com.

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