the blind attorney who drove himself into bankruptcy defending accused terrorists

by Michale Sporer 3 min read

Why do lawyers defend terrorists?

Oct 22, 2017 · A Manhattan lawyer is shamelessly using a blind rapper and other handicapped clients to rake in “millions of dollars” for himself — while leaving them with a pittance, court papers charge. C ...

What is the Devil’s advocate?

May 18, 2016 · -- “The blind attorney who drove himself into bankruptcy defending accused terrorists,” by Terrence McCoy: “Day and night, the most feared people in America contact Ashraf Nubani. In the ...

Why was Gideon denied an attorney at trial?

May 17, 2016 · Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, George L. Piro, Special Agent in Charge, Federal Bureau of Investigation (FBI), Miami Field Office, and Guy G. Gebhardt, Acting United States Trustee for Florida, Georgia, Puerto Rico and the U.S. Virgin Islands (Region 21), announce the filing of federal charges against 8 defendants in 5 …

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Why did the Florida Supreme Court deny Gideon's request for a court appointed attorney?

Lower Court Ruling: The trial judge denied Gideon’s request for a court-appointed attorney because, under Florida law, counsel could only be appointed for a poor defendant charged with a capital offense. The Florida Supreme Court agreed with the trial court and denied all relief.

What is the meaning of the case Betts v Brady?

455 (1942), held that the refusal to appoint counsel for an indigent defendant charged with a felony in state court did not necessarily violate the Due Process Clause of the Fourteenth Amendment. The Court granted Gideon’s petition for a writ of certiorari – that is, agreed to hear Gideon’s case and review the decision of the lower court – in order to determine whether Betts should be reconsidered.

What was Gideon's crime?

He spent much of his early adult life as a drifter, spending time in and out of prisons for nonviolent crimes. Gideon was charged with breaking and entering with the intent to commit a misdemeanor, which is a felony under Florida law. At trial, Gideon appeared in court without an attorney.

Which amendment guarantees a fair trial?

The Court held that the Sixth Amendment’s guarantee of counsel is a fundamental right essential to a fair trial and, as such, applies the states through the Due Process Clause of the Fourteenth Amendment. In overturning Betts, Justice Black stated that “reason and reflection require us to recognize that in our adversary system of criminal justice, any person haled into court, who is too poor to hire a lawyer, cannot be assured a fair trial unless counsel is provided for him.” He further wrote that the “noble ideal” of “fair trials before impartial tribunals in which ever defendant stands equal before the law . . . cannot be realized if the poor man charged with crime has to face his accusers without a lawyer to assist him.”

What is involuntary bankruptcy?

Involuntary bankruptcy is a legal proceeding creditors may use to force a debtor into bankruptcy, rather than a debtor voluntarily seeking bankruptcy protection on his or her own behalf. Creditors seeking involuntary bankruptcy must file a petition in the bankruptcy court, and the debtor has the opportunity to defend against being forced ...

What happens if a petition is dismissed?

If a petition is dismissed, the court may grant judgment against any petitioner that filed the petition in bad faith for (A) any damages proximately caused by such filing , or (B) punitive damages. 11 USC 303 (i) (2).

What is part 1 of bankruptcy?

Part 1 set forth the basics of an involuntary bankruptcy. This part expands on the arsenal of remedies and strategies for defending against an involuntary bankrupt cy petition.

Can a debtor post an indemnity bond?

An alleged debtor can move the court to require the petitioner (s) to post a bond pursuant to 11 USC §303 (e) to indemnify the alleged debtor for such amounts as the court may later allow under 11 USC §303 (i). A Court should require the petitioning creditor to post an indemnity bond when the Court finds “cause.”.

What is an order for relief?

An order for relief can only be entered against a debtor if the petitioning creditor proves that “the debtor is generally not paying such debtor’s debts as such debts become due unless such debts are the subject of a bona fide dispute as to liability or amount.” 11 U.S.C. § 303 (h) (1). Congress has not yet given specific guidelines as to what this means. As a result, courts have crafted their own guidelines. E.g., Matter of Luftek, Inc., 6 B.R. 539 (Bankr. E.D.N.Y. 1980) (“ [T]he test is met if the debtor is unable to pay its debts or simply is not paying its debts as they mature.”); 7H Land & Cattle Corp., 6 B.R. 29 (Bankr. D. Nev. 1980) (holding that the determination comes down to ability rather than merely not paying). An involuntary case must be dismissed if the alleged debtor is generally paying his or her debts as they become due. In re Brooklyn Resource Recovery, Inc., 216 B.R. 470, 485 (Bankr. E.D.N.Y. 1997). This determination is to be made at the time of the filing of the involuntary petition. In re J.B. Lovell Corp., 80 B.R. 254, 254-55 (Bankr. N.D. Ga. 1987).

Can a debtor abstain from a petition?

Alleged debtors should not overlook the use of the Court’s abstention powers when responding to the petition. Even when an involuntary petition is properly brought, a court may nonetheless abstain and dismiss under 11 U.S.C. § 305 if doing so would better serve the interests of the creditor (s) and the debtor. Courts consider various factors when determining to abstain, including:

Who is the undersecretary of defense?

Feith's title is undersecretary of defense for policy, which places him, along with several other undersecretaries, just below Secretary of Defense Donald Rumsfeld and Deputy Secretary Paul Wolfowitz in the Pentagon's hierarchy.

What did Paul Wolfowitz say about Iraq?

He told them that whatever it was, Iraq's oil supplies would keep it low. "There's a lot of money to pay for this," he said. "It doesn't have to be U.S. taxpayer money.

Who is Sam Gardiner?

At the end of January, Sam Gardiner entered the picture. Gardiner is a retired Air Force colonel who taught for years at the National War College in Washington. His specialty is war gaming, and through the 1990s he was involved once or twice a year in major simulations involving an attack on Baghdad.

Why was the occupation of Iraq a debacle?

occupation of Iraq is a debacle not because the government did no planning but because a vast amount of expert planning was willfully ignored by the people in charge. The inside story of a historic failure

What was the war after 9/11?

After 9/11, Army war games involving Iraq began in earnest. In his first State of the Union address, on January 29, 2002, President Bush said that Iraq, Iran, and North Korea were an "axis of evil" that threatened world peace. "By seeking weapons of mass destruction, these regimes pose a grave and growing danger.

When was the Future of Iraq project first announced?

The State Department first publicly mentioned the project in March of 2002, when it quietly announced the lineup of the working groups.

Why did Andrew Natsios win the war?

Because the United States had not yet officially decided whether to go to war, Natsios had not been able to persuade the Office of Management and Budget to set a side the money that USAID would need for immediate postwar efforts in Iraq. The battle was the more intense because Natsios, unlike his counterparts at the State Department, was both privately and publicly supportive of the case for war. Just before combat he was able to arrange an emergency $200 million grant from USAID to the World Food Programme. This money could be used to buy food immediately for Iraqi relief operations—and it helped to ensure that there were no postwar food shortages.

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