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Posts by Najah Farley

May 16

Va. House of Delegates Reject Reason, Solidify Place in History of Homophobia

Posted 5 days ago by Najah Farley

Yesterday, my adopted state of Virginia solidified its place in the history of homophobia with the House of Delegates decision to deny a judgeship to Tracy Thorne-Begland, an openly gay Deputy Commonwealth’s Attorney from Richmond, VA. In the wake of the North Carolina’s vote on Amendment One and President Obama’s interview with Robin Roberts, it appears that many on the right in Virginia have decided to once again be recorded on the wrong side of history. Thorne-Begland’s nomination was approved by Committees in the Senate and the House. The vote then went to the House of Delegates, where 33 Delegates voted for Thorne-Begland’s nomination and 31 voted against it, with 10 abstentions. The 31 votes against the nomination were case by Republican’s, despite the fact that Thorne-Begland had the support of Governor Bob McDonnell and Republican Delegate Manoli Loupassi. Read more

Apr 20

Troubling Questions Remain in the Aftermath of Mehanna’s Conviction

Posted 31 days ago by Najah Farley

In the wake of Tarek Mehanna’s conviction on April 12, 2012, I think that many progressive attorneys must have considerable questions about prosecutions for aiding and abetting terrorism and freedom of speech. Mehanna was convicted of terrorism charges and sentenced to 17 ½ years in prison. Based on the prosecution’s evidence, Mehanna went to Yemen on a training trip and when he returned translated Al Qaeda promotional material and posted videos glorifying suicide bombings and violence. These actions amounted to “material support” for terrorists, according to prosecutors.

A number of civil liberties groups, including the American Civil Liberties Union, have decried the decision. The Boston Globe reported that Carol Rose, the executive director of the ACLU of Massachusetts stated that the case showed that there is a “Muslim exception to the First Amendment.” Mehanna’s sentencing statement was chilling in its indictment of the United States government, and its complicity in numerous killings in predominantly Muslim countries. It also spoke of being forced to choose between being a government informant and facing prosecution. Mehanna chose “the hard way,” as he explains.

What does it mean that translating materials now counts as “material support for terrorism”? Although the concept is not novel, it is clear that this is a new interpretation, it could have far-reaching effects, as the definition of “material support” affects asylum, issues of charitable contributions and technology related issues as well. If translation of materials that are objectionable can lead to prosecution for material support for terrorism, what other arenas possibly constitute terrorism? What other groups are possibly under scrutiny for domestic terrorism? Will their members also be subject to possible prosecution under this rubric? Only time will tell how far the Government will go in arguing this definition and how much more far-reaching the implications will be.

Apr 11

Florence and Racial Profiling

Posted 40 days ago by Najah Farley

In last week’s blog post, I discussed the problems with the Supreme Court’s Florence decision, in particular its imposition on civil liberties. Due to the issues with implicit bias and racial profiling, the ruling will more than likely have a disproportionate effect on marginalized persons, such as black, Latino and LGBT persons.

Justices Roberts and Alito both emphasize in their concurrences that the strip searches are limited to those who are detained and placed in general population, due to the penological interests at stake in protecting the correctional environment. However, Justice Breyer’s dissent debunks many of the reasons given by the controlling opinion, pointing out that detainees already go through extensive searches including body orifice screening, delousing, searches of clothing and frisking prior to being jailed. If the practical effect of these searches is, at the end of the day, to humiliate, the disproportionate use of theses tactics will only serve to further erode the relationship between minority communities and the police forces that serve them.

Given the important interests advanced in limiting the impact of this ruling, the states are in prime position to implement strategies to curb the possibilities for abuse. Progressives in states where laws do not restrict strip searches of arrested persons have to turn their attention to this important civil liberties issue in order to limit the effect of this ruling. This work is even more imperative for marginalized communities, which face the largest risk of civil liberties violations as a result of this ruling.

Apr 6

Embarrassing the future?

Posted 45 days ago by Najah Farley

On Monday, the Supreme Court of the United States ruled in Florence v. Board of Freeholders that all individuals arrested and held in a correctional facility or jail could be subjected to a routine strip search as long as it only involves a visual inspection. Justice Anthony Kennedy wrote the controlling opinion, basing his reasoning largely on the balance between inmate privacy and the needs of institutions. Chief Justice John Roberts wrote a short concurrence, where he reiterated that there could possibly be exceptions drawn to the rule pronounced in this case. He then states that it is wise for the Court “to leave open the possibility of exceptions, to ensure that we ‘not embarrass the future.’” Read more

Mar 29

Trayvon Martin and Shaima Alawadi: The Beginning of a Movement?

Posted 53 days ago by Najah Farley

Trayvon Martin’s shooting along with the beating death of Shaima Alawadi has elevated the serious issues of race and religion in the national discourse and consciousness. Although there are many who still debate the influence of race in the Trayvon Martin shooting, I am firmly of the opinion that race and gender were the most important factors in George Zimmerman’s decision to follow Martin and everything that occurred as a result, including Martin’s death. Similarly, Alawadi’s death occurred as a result of the combination of her identities of race, religion and gender.  While Martin’s death has created a movement, Alawadi’s death, while widely publicized, has not been discussed with the same fervor. Perhaps because her murderer is still at large and there is no doubt that he or she will be prosecuted to the fullest extent of the law.

On Meet the Press this past Sunday, during the journalists’ roundtable, the discussion focused on implicit bias and the ways that people perceive African Americans and other minority groups. However, one point that I disagreed with is how disconnected the discussion was from the reality of perception. Implicit bias does not just naturally occur; the test is not just measuring ideas that came out of thin air. The perceptions that people have of African-American men or Muslim women are based, primarily, on images that they have seen or things that they have heard. I would argue that many of these perceptions come from the erroneous images that are propagated in the media. The media’s constant images on the news, in movies and on television shows contribute to the perception that black men are “suspicious” or “dangerous” or that Muslim women in hijab may be terrorists. Read more

Mar 23

SCOTUS weighs in on plea bargaining–but do the decisions “crash the justice system”

Posted 59 days ago by Najah Farley

On Wednesday, the Supreme Court of the United States issued two rulings that give criminal defendants “a constitutional right to a competent lawyer’s advice when deciding to accept a plea bargain.” Justice Kennedy, noting that over 90% of all criminal cases, both state and federal, end in plea bargains, Justice Kennedy stated that the negotiation of the plea bargain “is almost always the critical point for the defendant.”

This decision is clearly a huge decision for the criminal defense bar. It will potentially affect both current and future cases, because of the probable effect on habeas claims. For those convicted without having had adequate legal assistance during the plea bargaining process, there could be post-conviction relief. Read more

Feb 3

Susan G. Komen and Planned Parenthood

Posted 108 days ago by Najah Farley

Hopefully, the fall-out from this controversy will show that important women’s health issues, such as breast cancer screenings, should not be used for political expediencies or to gain cheap political points, but instead should be the focus of all organizations dedicated to women’s health, no matter where they stand on the issue of choice.

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Jan 24

An international intervention in Syria?

Posted 118 days ago by Najah Farley

For the past 10 months, unrest in Syria has continued to mount. In the wake of President Assad rejecting the Arab League’s agreement, the debate about international intervention has begun.

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Jan 17

Michelle Obama and the prevalence of the “Angry Black Woman” stereotype

Posted 125 days ago by Najah Farley

As a black woman and an attorney, I have to admit that Michelle Obama is a role model to me. I imagine what it would be like to talk to her, go shopping, and ask her for career advice. I have watched so many of the various assaults on her character and disposition and I have come to believe that these statements and issues are an example of the stereotypes and assaults that many women of color, particularly black women face in the modern-day workplace.

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Jan 5

Possibilities for the Future of the ICC with Fatou Bensouda

Posted 137 days ago by Najah Farley

Although new prosecutor-elect Fatou Bensouda of the International Criminal Court is already facing veiled criticism, there are high hopes for her term, when it begins in a few months.

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