The recent arrest of the chief financial officer, Meng Wanzhou, of Chinese tech giant Huawei is a classic example of the United States legal system overstepping its bounds.  The CFO was released on bail in Canada, setting her up for a lengthy legal fight over extradition to the United States.  However, her arrest should never have happened in the first place.

Americans who follow the news have seen and heard much about Paul Manafort’s trial.  One of the remarkable takeaways from the trial was the judge’s conduct during the trial.  United States district judge Thomas Ellis II is a 78-year-old senior judge for the eastern district of Virginia appointed by President Ronald Reagan.  His courtroom demeanor is best summarized by what he said at one point: “I am a Caesar in my own Rome.”

When Bethany Webb’s sister, Laura, was killed in a mass shooting in 2011, she couldn’t imagine things getting worse.  But then District Attorney Tony Rackauckas of Orange County, California, took the case.  In his determination to impose the death penalty over Webb’s objection, Rackauckas used jailhouse informants to elicit damning statements from the defendant, Scott Dekraai, while he was in jail.  These informant-defendant interactions violated the constitutional right to counsel since no one is allowed to interrogate defendants without their attorneys present.

The following is the introduction I included in an appellate brief I am filing with the Court of Appeals in the State of Indiana.  My journey stems from a child custody evaluation for my divorce in the Indiana family court system.  On August 19, 2009, Dearborn County Circuit Judge Humphrey stripped me of the ability to see my three- and five-year-old daughters claiming, “The Court is most concerned about [Brewington’s] irrational behavior toward Dr. Connor.”  There were no restraining orders or police reports.  No calls to social services. Nothing.

Article 1, Section 10, Clause 1 and Article 1, Section 9, Clause 3 of the United States Constitution prohibit the enacting of ex post facto laws.  Laws of this type are the kind that are made after an event has already taken place that was legal at the time of its occurrence, but was then retroactively made illegal afterwards for the purpose of exacting simple retribution against the actors.

I’ve been a lawyer for some time now, and while nothing the legal system does surprises me anymore, it never ceases to amaze me. This story is about a client of mine. Since the case is ongoing, I will call her Michelle Smith to maintain anonymity.

Campaign for Liberty is proud to support Senator Rand Paul's Fifth Amendment Integrity Restoration (FAIR) Act (S. 642). The bill restores Fifth Amendment due process protections to the process of civil asset forfeiture theft. The bill has been introduced in the House by Representative Tim Walberg (MI-07) and is HR 155.
For more details on the bill see here and below: