Kendall Coffey: Church and State Issues Will Go to Supreme Court

Should prayer be allowed at town hall meetings?

Kendall Coffey appeared on the Steve Malzberg Show on Thursday, November 7th to analyze current legal cases in the news.  The major discussion revolved around a case against the town of Greece, New York.  The case involves whether opening town meetings with a prayer is a violation of the separation of church and state.

Kendall Coffey commented on the case, and alluded to a future where the supreme would need to make a decision on religious traditions used in public forums.

“Of course the Supreme Court session began with these traditional words that included 'God save the United States and this honorable court.' Whatever your religious background, if you have money you will see the words in God we trust. So it is recognized fundamentally that it is part of the fabric of our country."

Coffey, a former U.S. Attorney, said that the major difference between legal prayer and illegal prayer in public settings is whether the pray is only a recognition of a greater authority, or if it is pushing specific agenda.

Kendall Coffey suspects that town of Greece will win, partly because the Obama administration has come out on favor of the practice of public prayer in this insance, and supports the town.  What makes the case interesting, is that it may serve as a catalyst for the issue to be heard by the supreme court.

What will the Supreme Court say about public prayer?

“This particular practice I think is going to be a very close call.  I would not be surprised if the Supreme Court validates and supports the town council in allowing this kind of public prayer because of the decision thirty years ago.  Recognizing that there is a higher power than any of us is part of our tradition whether it’s on our dollar bills or it’s when the Supreme Court is seated.  Keep an eye out not only for the result on this, I suspect the town will win, but whether the opinion is written in such a way that signals further development in what could be an emerging conflict or controversy.  Perhaps some new law.  This whole concept is emotional, and profoundly important, of church and state.”

Kendall Coffey regularly goes "Spinning the Law" with Steve Malzberg on Newsmax.

Kendall Coffey: Abortion Law has Political Agenda

Abortion Bill protest in Austin/ Flickr CC via Do512

A new law in Texas includes some of the toughest restrictions on abortion in the country.  The legal battle over the legality of some of the rules has been fierce.  Last week a judge ruled that the law would prevent a woman's right to an abortion and blocked its implementation.  Another court refuted that several days later.

The biggest issue in the law requires doctors that perform abortions to have admitting privileges at a hospital within thirty miles of the site. Another provision bans abortions after twenty weeks, except if the health of the woman is in danger. If a pregnant woman wants to induce an abortion by taking a pill, the state will require the pills to be taken in the presence of a doctor at a certified abortion facility. Lastly, beginning next September, all abortions must take place in a facility that meets the infrastructure requirements for an ambulatory surgical center.

Steve Malzeberg asked Kendall Coffey about the Texas law during the weekly "Spinning the Law" segment on the Steve Malzberg Show on Newsmax.  Malzberg commented on the requirement for doctors to have hospital practice privileges.  This is what Kendall Coffey said:

 

“That is certainly one of the issues.  Advocates of the law would say that abortion doctors had to be admitted with privileges in a nearby hospital, within thirty miles.  As you know, one of the things that establishes a credential for a doctor is to be granted privileges to practice in a local hospital.  It’s not automatically done, it’s not rightly done, it’s not as easy, frankly, as getting admitted to the state bar association.  It’s a significant validation of your professionalism and ability to grant the privileges to practice in a hospital.   

"Apparently a number of the doctors that perform this kind of procedure don’t have those privileges within thirty miles.  The Texas legislature has said that it’s a requirement and the judge following what is the law as of today presumably made the right decision of the existing law but advocates of these kind of laws, they aren’t simply trying to thumb their nose at the U.S. constitution.  They have a very thoughtful strategy for picking particular issues.  This is a type of strategy that no one should dismiss.  The outcome of this particular issue at the lower court level is not surprising.  But what’s going to happen when it gets to Washington and the nine Supreme Court justices will look at it? That’s much harder to predict.”

Wendy Davis/ Flickr CC via Do512

The law received the most media attention when legislator Wendy Davis performed a marathon filibuster to try and prevent it from being passed.  Wendy Davis is now running for governor of Texas.

Kendall Coffey on Teen Murderers

Danvers, MA/ Flickr CC via Jimmy Emerson

Kendall Coffey appeared on the Steve Malzberg show for his regular "Spinning the Law" segment last Friday.  Malzberg asked Coffey about two grisly murders in the news, one recent and one resurfaced case from decades ago.  Both murders were committed by juvenile offenders, but both could serving out long sentences as adults.  

Colleen Ritzer, a 24 year old teacher in Danvers, Massachusetts,  was slain earlier this month.  Her body was found in the woods near the high school where she taught math.  A 14 year old student, Philip Chism, has been charged with her murder.  Chism is currently being held without bail and will be tried as an adult.  Steve Malzberg asked Kendall Coffey about the legal perspective of trying teenagers who commit violent crimes as adults.

The other murder discussed was the appeal of Michael Skakel, a nephew of Robert Kennedy, serving prison time for a murder committed over 30 years ago.  Skakel is appealing on the ground of ineffective assistance from his defense attorney.  The murder of Martha Moxley occurred when Skakel was 15.

“The perspective of the law has shifted quite a bit over the last 30 years.  It’s not just about the so-called alleged offender, but the victims.  This 24 year old teacher was apparently was absolutely loved, appreciated and respected, and there’s no difference in a brutal murder whether it was a child or an adult," said Coffey.

The former U.S. attorney Kendall Coffey continued, "That’s part of the perspective, but the other thing is just recognition that young offenders commit terrible crimes and seem capable of making the choices.  Over the years, it used to be that the average killer was in their twenties.  Now a lot of alleged killers are in their teens.  So the system, to really deal with that kind of threat needs to recognize that someone who is able to carry out a brutal premeditated plan like this has the sufficient capabilities to be accountable as an adult.”

See the video of the interview below.  
 

Kendall Coffey Talks Bullies and Prisons on News Max TV

Kendall Coffey appeared on the Steve Malzberg show last week on October 18 to discuss legal cases such as the Rebecca Sedwick suicide in Florida and the California Supreme Court ordering reductions of prison populations.

Malzberg asked Kendall Coffey about the Polk County Sheriff's investigation into the parents of two alleged bullies. Twelve year old Rebecca Sedwick committed suicide last month. It is believed her death was caused by continual harassment from peers, primarily online. Police arrested two girls, 12 and 14, in connection with the case. When parents did not appear to comply with authorities requests to keep the girls off of social media, the sheriff decided to launch investigation into liability of the parents.

While Coffey expressed that the parents involvement is not the best example of parenting, the Florida attorney insisted that no crime has been committed.

She the whole video of Kendall Coffey on The Steve Malzberg Show below 

Kendall Coffey: Campaign Contributions are Free Speech

Kendall Coffey appeared on the Steve Malzberg show on October 10th for the regular "Spinning the Law" segment.  The highlights of the interview includes discussion about the Supreme Court weighing in on whether contribution limits for individuals giving to political campaigns are constitutional.  The general conservative members of the court say that contribution limitations are a violation of free speech.  Kendall Coffey agrees.

Flickr CC via Mary Mactavish

“I think conservatives as well as liberals would acknowledge that this is free speech.  Your ability to advocate your views in the political world is about as fundamental a thing as our founding fathers were focused on. So this is the heart of what first amendment free speech is about. So whether you are getting your message out by standing on a street corner holding a sign or doing it by funding candidates in causes you believe in it’s pretty clearly free speech. So the question is what are the justifications for limiting free speech, and as you know you have a really strong one for limiting something that is constitutionally protected. So, the issue in a case like is if you maintain a cap over a two-year cycle and that is all you can personally contribute, what is the justification for that? Is there a record that says keeping that cap in place will reduce corruption in politics? They just don’t have the evidence to point out that it will have any such impact. 

And consider a few other things. In the last election cycle there were a lot of allegations about super billionaires putting a lot of their own money into the election, but both sides had plenty of money.  It is very difficult to say that a few people have hijacked the system when there are so many different ways for candidates to raise money.  I think the allegation that caps are protecting us from corruption or protecting the system from the few controlling everything and disenfranchising those who are not wealthy are not very compelling at this point.”

During the interview, Kendall Coffey, Miami attorney, also discussed cases of child abuse, assisted suicide and Aaron Hernandez.

Miami's Strange Relationship with Cuba

In the United States, we have strong views on terrorism.  Since September 11, 2001, the sentiment against terrorism has been one of the primary political and social issues. Presidents have said that terrorism is not to be tolerated or negotiated with.

What is defined as terrorism can be fluid, however.  The United States' relationship with Cuba, for example, has created an interesting history of attacks, arrests and bureaucracy.  In 1998, Cuban intelligence agents in Florida uncovered a terrorist plot to blow up a plane full of tourists.  The information was delivered to the President of the United States, Bill Clinton.

FBI agents worked in Cuba to research and find evidence surrounding the plot, but made no arrests or attempts to find the known terrorists.  The intelligence agents from Cuba, however, were arrested and tried for spying.  They were tried in Miami, a city with a history notoriously anti-Cuban.

All five of the Cuban spies were convicted of espionage and treason, and four of them are still in U.S. prisons today.  This seems like the normal procedure for treating spies, but if it had been U.S. agents uncovering a terrorist plot on behalf of a foreign country, we would demand the agents to be returned home.

By the late 1990s, Miami juries had become so notorious in cases involving Cuban exiles that federal prosecutors in a different case opposed a defense motion for a change of venue from Puerto Rico to Miami for some Cuban exiles accused of plotting to assassinate Castro.

Miami “is a very difficult venue for securing a conviction for so-called freedom fighters,” former U.S. attorney Kendall Coffey explained to the Miami Herald at the time. “I had some convictions, but some acquittals that defied all reason.”

Kendall Coffey on Marriage Equality, Youth Sports and Zimmerman Drama

Kendall Coffey on The Steve Malzberg Show

The Steve Malzberg Show's "Spinning the Law" segment returned on Friday, Spetember 27.  The headlining story for the show was a recent case in New Jersey about same sex marriage.  The court ruled that due to the recent Supreme Court ruling on DOMA, banning gay marriage would be considered unconstitutional under the New Jersey state constitution.  Kendall Coffey told Malzberg that the momentum for gay marriage was leaning in the direction of allowing it and will not be too long before most states will approve it.  See the video below:

The show discussed several other cases as well. In New York, two boys are playing on the girls volley ball team because the boys team was disbanded.  The school district is trying to fight the decision for them to be allowed to play.  Mr. Coffey said that legally the boys have a solid case and should be allowed.

In Florida, a woman who was sentenced to twenty years in prison for shooting a warning shot at her husband will get a new trial.  Kendall Coffey said that the first trial was "appalling" and that he was happy to see she would get another chance to use the self defense argument.  He said the guilty sentence was due largely to erroneous instructions given to the jury.

In Montana, prosecutors are trying to appeal sentencing for a man sentenced to thirty days in prison for raping one of his former students.  The teen who was raped committed suicide.  Coffey told the show that because the man was convicted of rape, the sentencing can be appealed and revisited without the case being an instance of double jeopardy.  He agreed the prosecution should seek harsher sentencing in this case.

The estranged wife of George Zimmerman appeared on the Today Show last week, telling Matt Lauer her side of the story about the famous trial her and her husband her involved in and how their marriage deteriorated afterwards.  Steve asks if she is out of line, and Coffey answered that we shouldn't judge people who have been through so much trauma and media scrutiny.