Thursday, August 23, 2018

Is it time to rethink democracy? Liberal democracy is under siege and requires a radical overhaul.

A Threat to Global Democracy: How Facebook & Surveillance Capitalism Empower Authoritarianism

Michael Cohen Pleads Guilty & Implicates Trump as Paul Manafort Is Convicted. Is Impeachment Next?

Revealing the True Donald Trump: A Devastating Indictment. - "Trump Revealed: An American Journey of Ambition, Ego, Money, and Power" is a biography of Donald Trump, written by Michael Kranish and Marc Fisher.

The Secrets Donald Trump Doesn't Want You to Know About: David Cay Boyle Johnston (born December 24, 1948) is an American investigative journalist and author, a specialist in economics and tax issues, and winner of the 2001 Pulitzer Prize for Beat Reporting.

Donald Trump's business links to the mob - BBC Newsnight

The dubious friends of Donald Trump; part 3: Will Donald Trump go down due to his dubious ties to the former Soviet Union? The president seems to be getting in deeper and deeper. Special prosecutor Robert Mueller, who is investigating if Trump colluded with Russia in order to win the elections, is also digging into Trump's past as a business man.

Trump/Russia: Part 3 – Moscow Rules. Four Corners investigates Russia’s endgame and the motivation behind its extraordinary interference in the US Presidential elections.

Trump/Russia: Trump biographer Tim O’Brien says the President is a liar

How Donald Trump Got Involved in a Global Fraud. - Adam Davidson follows the money trail in one of President Donald Trump's past deals all the way to Vladimir Putin.

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Breaking Down The Trump Family’s Many Conflicts Of Interest | Velshi & R...

Trump’s fury following the report revealing the extent of White House counsel Don McGahn ‘s cooperation with the special counsel Mueller’s investigation

Paul Manafort found guilty on eight counts

The Rise of Populism and the Backlash Against the Elites

Trump: An American Tragedy? - Live Panel Discussion from the Emmanuel Ce...

Tony Schwartz: The Truth About Trump | Oxford Union Q&A

Pres. Trump’s former attorney Michael Cohen pleads guilty, implicates the President

Cohen and Manafort crimes: President Trump’s “alternative world.”

Wednesday, August 22, 2018

Role of lawyers during police raids and searches

See - https://www.rappler.com/newsbreak/in-depth/209996-what-lawyers-police-did-wrong-time-in-manila-bar-raid


"x x x.


What did lawyers, police do wrong in Makati bar raid?

Lawyers present during police searches are guided by the following questions: Does the search team have a search warrant? If so, is it valid? If so, is the proper procedure being observed?

By Jodesz Gavilan and Rambo Talabong

Published 8:55 PM, August 20, 2018
Updated 9:10 PM, August 20, 2018



MANILA, Philippines – The lawyers supposed to be representing one of the owners of a Makati bar now find themselves facing a complaint for alleged constructive possession of illegal drugs after they were arrested and detained for obstruction of justice.

While they were released on August 17, lawyers Jan Vincent Soliven, Lenie Rocel Rocha, and Romulo Bernard Alarkon of the Desierto & Desierto law firm now face complaints which include resistance and disobedience and violating an ordinance on crossing police lines.

The 3 lawyers, newly-hired by the Time in Manila bar, which was raided for allegedly selling party drugs, were documenting the police search of the bar on August 16. But cops claimed the lawyers intimidated the search team and prevented them from fully searching the bar premises.

Video obtained by Rappler showed the lawyers and policemen engaged in a confrontation.

Many groups condemned the arrests, saying that the lawyers were just doing their job. But what is the required procedure in situations like this? Are these charges too much?
Once on the site, what should cops and lawyers do first?

Upon arriving on the site, cops and lawyers agree that attorneys should seek out the leader of the police search team, introduce themselves, and identify who they are representing.

If police spot them first, PNP spokesperson Senior Superintendent Benigno Durana said that cops' first question should be: "Sino kayo (Who are you)?"

This is to ensure that the authorities know who they are and what their presence in the venue means.

Based on police accounts and the video obtained by Rappler, the 3 Makati lawyers refused to identify their client when the raid began. The lawyers only said they represented a "Mr Server" seconds before they were cuffed towards the end of the raid.

While it is “helpful to avoid misunderstanding,” Edre Olalia, president of the National Union of Peoples' Lawyers (NUPL), said prior coordination can defeat the purpose of the lawyers as evidence “can be circumvented, contrived, or pre-empted.”

“Most searches are sudden and unannounced so there is no reasonable opportunity [for] prior coordination,” he explained.

If the raid has already started by the time lawyers arrive, Durana said they should coordinate with cops who are guarding the raided area. These cops are called the "perimeter/security team." As described by the PNP Manual on Anti-drug operations, these teams "determine those who would be allowed into the inner perimeter."

These cops hold the access pass of lawyers that allow them to go to the team leader of the searching party.

"All unauthorized persons shall stay outside the perimeter line," the manual reads, which Durana said, includes lawyers who don't have authority.

Do lawyers need to obtain written authority from their client?

What police say: PNP chief Director General Oscar Albayalde said lawyers “should have explicit authority from the owner that he or she is appointing [the lawyer] as his or her legal counsel.”

What is explicit authority? PNP spokesperson Durana said there are only two cases that fall under this:
If owners of the establishment are personally there and identify the attorneys representing them
If the lawyers secure a written authorization from their clients

"Why does it have to be documented? Because if it's verbal (the lawyer identifying himself), it can be denied later. If it's in court proceedings, it's only hearsay," said Durana.

If lawyers could not present any, Durana said cops should promptly ask the lawyers to leave. If they refuse, cops should offer to escort them out, he added.

But if they continue to resist to the point of compromising the search operation, Durana said cops "have more than enough reason to arrest [them]." The PNP spokesman said cops can file obstruction of justice charges, precisely the cases thrown at the 3 Makati bar lawyers.

What lawyers say: Legal analyst and lawyer Tony La Viña said that lawyers just need to “show up and identify themselves as lawyers of the person who is being searched.”

“There is no need to show a retainer contract even. Integrated Bar of the Philippines (IBP) identification cards can be requested to prove identity,” he said.

A written authorization may be best and helpful for convenience but lacking one should not hinder lawyers representing a client from observing the implementation of a search warrant.

There are different reasons why lawyers may not be immediately able to show a retainer or written authorization, according to Dean Jose Manuel “Chel” Diokno of the Free Legal Assistance Group (FLAG).

“May sitwasyon na wala ka talagang panahon kumuha ng retainer letter,” he said. “Wala ka nang choice kundi pumunta sa lugar at magpakilala bilang abogado. Dapat igalang iyan ng pulis.”

(There are really situations when there’s no time to get a retainer letter. You have no choice but to go to the place and introduce yourself as a lawyer. That should be respected by the police.)

Olalia, meanwhile, said there is a presumption that a person claiming to represent a client is duly authorized to do so.

“These things can be verified anyway and there are sanctions for misrepresentation if proven so,” he said.

Diokno echoed this, adding that lawyers are “supposed to be officers of the courts.”

“Kung sakaling binobola ko sila, puwede nila akong kasuhan sa IBP, kasi professional conduct iyan,” he said. "Di naman ako pupunta diyan kung hindi ako inatasan ng kliyente."

(If I’m purposely making misrepresentations to the police, they can file a complaint against me, maybe before the Integrated Bar of the Philippines (IBP) because that involves professional conduct. I won't even go there if I'm not assigned by a client.)

Police appear to have been very rigid about the written authority requirement and glossed over the lawyers being officers of the courts. As the lawyers allegedly interfered in the raid without the authority, police regarded them as suspects.

What can lawyers do once allowed to join the raid?

What police say: Durana said that lawyers can ask for a copy of the search warrant, and cops should promptly hand one to the attorneys.

From there, Durana said, lawyers can monitor cops in their raid and remind them of the areas and objects covered by the search warrant.

If cops see illegal objects "in plain view", they can seize these objects even if they have not been specified in the warrant. These could include drugs or guns, for example.

During the whole operation, lawyers are not allowed to take videos and photos, Durana said.

Top cop Albayalde emphasized that the lawyers should not "intimidate" cops, but "guide" them in implementing the search warrant. Durana echoed this, admitting that policemen, especially the newbie cops, are easily "intimidated" by the presence of lawyers.

What lawyers say: Once lawyers introduce themselves to the team leader of the police, they can now observe the proceedings and make sure everything is being done in accordance with the law.

They can even "object and protest if warranted by standards and requirements," according to Olalia.

There is no law that prohibits lawyers from taking photos and videos of the proceedings, he added, "as long as the lawyer or owner of the searched premises does not interfere, obstruct, or prevent a valid search implemented in the correct manner."

Diokno, meanwhile, said that police should not be afraid of documentation.

"If the police are not doing anything illegal, why should the lawyers be prohibited from taking videos and photos? It's for their own protection as well as the lawyers," Diokno said.

To say that lawyers cannot document proceedings contradicts the PNP's goal to be transparent in anti-drug operations. This attempt at transparency was first made when police were encouraged to use body cameras.
Why are lawyers needed during a police search?

Olalia explained that the presence of lawyers during the implementation of a search warrant is important to ensure a “transparent and orderly search and seizure” procedure that respects the rights of the accused.

“Lawyers representing a client or responding to legal assistance must competently, carefully, and meticulously ascertain the protection of rights, avoid abuse, fabrication, manufacture, and tampering or contamination of evidence,” he told Rappler.

The lawyers are there to mostly find answers to questions including: Does the search team have a search warrant? If so, is it valid? If so, is the proper procedure being observed?

La Viña said that the presence of a lawyer to observe and document the proceedings is “a matter of right of the one subject to the search.”
The role of lawyers in the implementation of search warrants was affirmed by no less than PNP chief Albayalde himself, but he specified that the appreciation only covers law-abiding lawyers.

"We don't have problems with lawyers...It's their job to defend their client, and it's our job to implement and uphold the law," Albayalde said.

"If you already meddle or prevent us from implementing the law, you will be charged accordingly," Albayalde added.

In search warrants implemented under the Comprehensive Dangerous Drugs Act of 2002, lawyers are one of the individuals required to “sign the copies of the inventory.”

Section 21.1 of the law states that:

"The apprehending team having initial custody and control of the drugs shall, immediately after seizure and confiscation, physically inventory and photograph the same in the presence of the accused or the person/s from whom such items were confiscated and/or seized, or his/her representative or counsel, a representative from the media and the Department of Justice (DOJ), and any elected public official who shall be required to sign the copies of the inventory and be given a copy thereof."
– with reports from Lian Buan/Rappler.com

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Wealth of Supreme Court Justices; En Banc A.M. No. 09-8-6-SC, the resolution that laid out strict guidelines when it comes to releasing justices’ SALNs.

See - https://www.rappler.com/nation/210082-supreme-court-justices-wealth-summaries


"x x x.

Why don't we know enough about Supreme Court justices’ wealth?

A group wants to nullify strict guidelines on releasing SALNs of justices, saying that they are not above the law

By Lian Buan
@lianbuan
Published 9:04 PM, August 21, 2018
Updated 8:54 AM, August 22, 2018


WEALTH. The Supreme Court has strict guidelines on releasing the summaries of assets and net worth of the justices.

MANILA, Philippines – The Judicial and Bar Council (JBC) has postponed the vote on the short list of chief justice applicants because they need more time to examine documents, including Statements of Assets, Liabilities, and Net Worth (SALNs).

This is coming off two ousters of Philippine chief justices because of deficiencies in their SALNs.

What exactly can the public know about the wealth of Supreme Court justices?

Below are summaries of the justices’ net worth and their government salaries and allowances over the last 6 years, or since 2012 when the impeachment of the late Renato Corona prompted more public scrutiny of their SALN










Summaries of their net worth are released yearly by the Supreme Court, while the amounts of their government allowances and salaries are released yearly by the Commission on Audit.

Is this all we can and should know about their wealth?

Strict guidelines

Typically, SALNs of government officials can be released in full. For example, copies of SALNs of the President, Vice President, and heads of the constitutional bodies are released to media by the Office of the Ombudsman on a walk-in basis.

In the Supreme Court, it’s a little bit more difficult.

The Supreme Court releases summary reports of the justices’ SALNs. Compiled in one table, it shows only real properties, personal properties, total assets, liabilities, and net worth.




SUMMARY. Example of a summary released by the Supreme Court.

To see the full documents, you'd have to file a written request justifying it. It will then have to be approved by the Court en banc.

Also, a request can be made only for the latest SALN.

These rules came about in July 2012, months after Corona was impeached, when the en banc issued A.M. No. 09-8-6-SC, or the resolution that laid out somehow strict guidelines when it comes to releasing justices’ SALNs.
The Court noted an instance in 1989 when an aggrieved lawyer requested copies of justices’ SALNs after accusing some of them of partiality.

“Requests for SALNs must be made under circumstances that must not endanger, diminish or destroy the independence, and objectivity of the members of the Judiciary in the performance of their judicial functions, or expose them to revenge for adverse decisions, kidnapping, extortion, blackmail or other untoward incidents,” the court said.

In 2014, the SC denied the request of former tax commissioner Kim Henares to obtain 9 years' worth of SALNs of justices of the Supreme Court, Court of Appeals, and Court of Tax Appeals.

The SC said that Henares cannot just go on a “fishing expedition” if she has not yet established that the justices have tax deficiencies.

Other details

With such strict guidelines, there are missing details that are of public interest.

For example, during the JBC public interviews on August 16, member Milagros Fernan-Cayosa said that the assets of Associate Justice Lucas Bersamin had remarkable jumps, the highest being an P8-million increase from 2015 to 2016.

Our table above will not show that because we can only show general amounts.

Without a full document, we will not know what caused the increase in assets – whether it’s a newly-acquired property, or newly-acquired business shares, or just cash deposits that may have come from pension or somewhere else.

We will not know details of their liabilities, their stakes; and we also will not know who they owe, if any.

We also will not be able to scrutinize if justices filled out their SALNs correctly.

Bersamin was asked why he did not declare as part of his liabilities a condominium unit when he was still paying for it on an installment basis. Associate Justice Andres Reyes Jr was asked why he did not declare his shares in a family-owned bake shop.

Remember that Maria Lourdes Sereno’s non-filing of SALNs was interpreted to be a violation of Republic Act 6713, and a constitutional violation that declared her to have never been qualified for the post.

Dissenters in the Sereno ouster warned against treating the SALN as an end-all-be-all of integrity.

“Since the majority of the Court has ruled that SALN filing is equivalent to the requirement of integrity, the Supreme Court is now required to be transparent with the SALNs of the incumbent justices,” said a letter sent to the Court last June by the Movement Against Tyranny, led by former senator Rene Saguisag.

The group added: "It cannot now pursue the same prohibitive rules on SALN disclosures as contained in A.M. Nos. 09-8-6-SC as it did prior to its ruling in Republic v. Sereno, as the Court itself has declared that Justices are not above the law."

The Court has yet to respond to the group’s request; it has also yet to release summaries for 2017.

With the selection of a new chief justice, the Supreme Court can and should expect more demands for transparency. – Rappler.com
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