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Judge H. Lee Sarokin
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H. Lee Sarokin served on the United States District Court (N.J.) appointed by President Carter, and the United States Court of Appeals (3rd Cir.) appointed by President Clinton. He retired in 1996 after 17 years on the federal bench and now resides in Rancho Santa Fe, CA.

Blog Entries by Judge H. Lee Sarokin

Isn't It Ironic When Politicians Parade Their Faith but Act Unchristian?

1328 Comments | Posted August 22, 2011 | 05:18 PM (EST)

I cannot find any passage in the Bible that says: "Oh Ye Faithful: The poor shall sacrifice so that the rich may retain their wealth," but that appears to be the fundamental policy of the fundamentalists. There are many candidates who are touting their religious credentials, but their platforms appear...

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How Do We Justify Indicting Roger Clemens For Lying But Not Indicting Those Persons Who Authorized and Directed Torture?

39 Comments | Posted August 17, 2011 | 09:33 AM (EST)

Isn't it ironic that Roger Clemons is indicted for lying to Congress about steroid use, while those who authorized and directed the use of torture remain uncharged and unpunished? For the first time a United States Court has permitted a case of torture to proceed. The United States Court of...

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I Want My America Back -- not the Tea Party's America

1499 Comments | Posted August 7, 2011 | 05:49 PM (EST)

When I was a kid and we were deciding what games to play and how to play them, our slogan was "the majority rules." That constant and lofty principle ranked right up there with "loser walks" after a touchdown in sandlot football. The bullies and the brats who stamped their...

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Do Political Pledges Constitute Illegal Vote Buying?

291 Comments | Posted July 21, 2011 | 02:48 PM (EST)

Visualize this scenario: A group of businessmen visit a Congressional candidate and ask him to sign a written pledge that he will not raise their taxes, reduce or eliminate their subsidies, deductions or loopholes. In exchange they promise that they and like-minded persons will vote for him and provide financial...

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The Reason for the Not Guilty Verdict in the Casey Anthony Case

528 Comments | Posted July 15, 2011 | 10:12 AM (EST)

The jury in the Casey Anthony trial was not instructed that circumstantial evidence is entitled to the same weight and consideration as direct evidence. Indeed, the words "circumstantial evidence" do not appear anywhere in the court's charge to the jury. I do not know whether or not the prosecution requested...

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Which Is the Greater Stigma -- Being Identified as a Rape Victim or Being Identified as a Rapist?

1 Comments | Posted July 11, 2011 | 12:20 PM (EST)

First, I would like to do a little "I told you so". Shortly following the arrest of Dominique Strauss-Kahn and the media reports that followed, I wrote a post entitled, What if He Is Innocent? Despite the current disclosures regarding the credibility of the accuser and the...

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Homeless Veterans Should Not Be "On the Table"

14 Comments | Posted June 30, 2011 | 02:08 PM (EST)

In respect to efforts to reduce the debt and the deficit, members of Congress constantly insist that "everything is on the table." Of course, that is not true. Republicans oppose any increase in taxes, and those that subscribe to the Norquist No-Tax Pledge also oppose any reduction or elimination of...

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Gabrielle Giffords: How Quickly We Forget

272 Comments | Posted June 13, 2011 | 12:14 PM (EST)

Somehow I feel that what may prohibit Gabrielle Giffords from returning to Congress is more important than what may prevent Anthony Weiner from remaining there. The Associated Press reports that "U.S. Rep. Gabrielle Giffords struggles to find words and put together sentences," and as a result, may never...

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What If He's Innocent?

99 Comments | Posted May 23, 2011 | 08:00 PM (EST)

One cannot read the published accounts of the charges against Dominique Strauss-Kahn without concluding that he is probably guilty. But what if he isn't? The coverage, the photos, the op-eds have ruined his reputation, forced him to resign his high IMF position and apparently ended his bid for the presidency...

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Supreme Court Rules That Small Claims Cannot Be Pursued Against Big Corporations

173 Comments | Posted May 15, 2011 | 08:10 PM (EST)

In all fairness, that is not exactly what the Supreme Court actually ruled, but that certainly is the effect of the ruling. The Court held that a suit which involved individual claims of $30.22 against AT&T; Mobility could not proceed as a class action because the claimants had each agreed...

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Since When Are Moral and Constitutional Violations Judged by Whether or Not They Work?

15 Comments | Posted May 9, 2011 | 03:53 PM (EST)

It is bizarrely fascinating to me that the conservatives have found vindication for torture, Guantanamo, extraordinary rendition, foreign prison sites and illegal wiretaps in the location and killing of Osama bin Laden. Initially, there is the factual question as to whether any information gained as the result of these policies...

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Does the Norquist No-Tax Pledge Violate the Congressional Oath of Office?

Posted April 25, 2011 | 03:06 PM (EST)

The Pledge extracted from members of Congress commits "a member to oppose and vote against any effort to raise the federal income tax on individuals or corporations."(Americans For Tax Reform) In addition to prohibiting direct increases, it also prohibits ending loopholes or deductions, since they likewise raise taxes. The pledge...

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Why Barry Bonds and Not Mortgage Brokers and Bankers?

Posted April 19, 2011 | 03:05 PM (EST)

What if a prosecutor possessed evidence that Barry Bonds had used steroids, committed perjury and obstructed justice and decided not to prosecute him because he was a rich and famous athlete? Or suppose the reverse -- that he decided to prosecute solely because Barry Bonds was a rich and famous...

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Why Should a Person Wrongly Convicted Be Required To Sue For Compensation?

Posted April 11, 2011 | 11:43 AM (EST)

The Supreme Court has reversed a $14 million jury verdict in favor of John Thompson who served 18 years in prison (14 of them on death row) for crimes that he did not commit. The verdict was based upon prosecutorial misconduct, and indeed, the prosecution admitted that it...

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What's Worse: Burning the Koran or Killing Innocent People Not Responsible for It?

Posted April 4, 2011 | 03:38 PM (EST)

The Muslim community insists, and rightly so, that all its members should not be blamed or condemned for the acts of a few. They point to the unfairness of opposing the construction of a mosque near Ground Zero and other locations throughout the United States for the same reason. They...

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When Did Convicting the Guilty Become More Important Than Exonerating the Innocent?

Posted March 21, 2011 | 04:35 PM (EST)

Douglas Warney is seeking compensation for being wrongfully convicted of a murder he did not commit and spending nine years in prison as a result. Although New York specifically provides for compensation under such circumstances, it is being opposed on the grounds that Mr. Warney's "misconduct" in confessing...

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Is the Supreme Court Going "Soft on Crime"?

Posted March 9, 2011 | 03:47 PM (EST)

If you accept the conservative definition that judges who uphold and enforce the constitutional or statutory rights of those accused or convicted of crimes are "soft on crime", then the answer is yes. As in so many other instances, the conservatives have repeated this ludicrous mantra so often that the...

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Justice Thomas: Silent and Conflicted

Posted February 15, 2011 | 06:49 PM (EST)

The New York Times reports Justice Thomas' five year silence on the Supreme Court and an op-ed piece makes light of the Justice's partisan connections. Both reflect poorly upon the Justice and the Court.

On my first day as a federal judge I ate lunch at...

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Why Not Cap Malpractice Premiums or Insurance Company Profits Rather Than Victim Awards?

Posted February 9, 2011 | 10:02 PM (EST)

Representative Phil Gingrey has introduced legislation "to limit medical malpractice awards, arguing that such cases are often frivolous." There is considerable debate as to whether or not medical malpractice awards have any appreciable effect upon national health care costs and the extent to which "frivolous" claims contribute to...

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Conservatives Enraged Over Judicial Activism Displayed in Health Care Bill Ruling

Posted February 2, 2011 | 04:56 PM (EST)

Conservatives are outraged over decisions by two federal judges ruling against the constitutionality of the Affordable Care Act (or Obamacare as they wont to call it). They point out that the legislation was duly enacted by both the House and Senate, the elected representatives of the people and signed into...

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