Friday, September 05, 2008

Civil Rights Attorney?

Just for grins, I decided to do a little research on Barry Obama's claim to have been a civil rights attorney.

Particularly since I am actually one.

Interesting results.

Searching on Westlaw, I searched the "allfeds" database (all federal courts) for "at("Barack H. Obama"). A search under at("Barack Obama") yielded no results.

There were seven reported decisions, all between April 1994 and January 1996.

Four were appeals, all in the Seventh Circuit. Nothing unusual for a Chicago attorney. Three were in the United States District Court for the Northern District of Illinois. Again, not unusual.

Yet in not one of them was Obama listed as lead counsel, at least obviously. He was the second or third (and last) named attorney in each of the Seventh Circuit cases. He argued (and won) only one of them.

Civil rights attorney? Maybe. For about five minutes.

1 comment:

Anonymous said...

Speaking of being a civil rights attorney:

I've seen a few places contend that it is not illegal to carry a firearm into a Post Office (or other federal property).

They support this contention by citing paragraph d(3) of Title 18, US Code, Part I, Chapter 44, Section 930. which states:

"...whoever knowingly possesses or causes to be present a firearm or other dangerous weapon in a Federal facility (other than a Federal court facility), or attempts to do so, shall be fined under this title or imprisoned not more than 1 year, or both [except] the lawful carrying of firearms or other dangerous weapons in a Federal facility incident to hunting or other lawful purpose."[emphasis added]

The contention is that carrying for self defense purposes...if lawful in the state in which the Post Office is an "other lawful purpose" and is, therefore, exempted from the prohibition.

Also, the Postal Regulations (CFR, Title 39, Volume I, Part 232.1(l)) states:

Weapons and explosives. Notwithstanding the provisions of any other law, rule or regulation, no person while on postal property may carry firearms, other dangerous or deadly weapons, or explosives, either openly or concealed, or store the same on postal property, except for official purposes.

That sounds to me like they are precluding the carrying of firearms into Post Offices REGARDLESS of any law that would allow the provisions of Title 18 US Code mentioned above.

I was under the impression that the CFR could not over-ride US Code.

Are you aware of any case law or precedent that speaks to this issue? Also, do you think the recent Heller decision would have any bearing on the carrying of firearms on federal property for the lawful and Constitutionally protected purpose of self defense?

Thank you for any insight you can provide.

Feel free to respond via e-mail if you'd prefer not to discuss this on your blog.