United States v. Seerden

Michael Harless Constitutional Law, U. S. District Court, Eastern District of Virginia

Today we filed an amicus brief in the U.S. District Court for the Eastern District of Virginia in defense of a service member whose cell phone was searched and seized by the military in an unlawful manner.  As we have in the Jones case, the Graham case, the Zodhiates case, and others we explain how the Fourth Amendment first and foremost protects property rights, not some vague “reasonable Read More

United States v. Monifa J. Sterling

Michael Harless Constitutional Law, U. S. Court of Appeals, Armed Forces

Today our firm filed in the U.S. Court of Appeals for the Armed Forces an amicus brief defending the right of a United States Marine to post small signs containing Bible verses at her work station.

Marine Lance Corporal Monifa Sterling printed and taped a paraphrase of Isaiah 54:17 at three places around her workspace:  “No weapon formed against me shall prosper.”  The three locations were Read More

Bill Olson on NewsmaxTV.com

Michael Harless Press Coverage

Bill Olson was interviewed by Steve Malzberg today on NewsmaxTV about the U.S. Supreme Court’s denial of the petition for certiorari filed in Hedges v. Obama. Our firm filed three amicus briefs in the Hedges case, one in district court, one in the court of appeals, and one in the U.S. Supreme Court. The Supreme Court’s refusal to review the Second Circuit’s opinion leaves standing Read More

Article: WorldNetDaily Covers Our Amicus Brief in Chris Hedges Challenge to NDAA

Michael Harless Press Coverage

Bob Unruh’s article discusses the tragedy of the U.S. Supreme Court denial of Chris Hedges’ petition for certiorari challenging the constitutionality of National Defense Authorization Act of 2012. NDAA 2012 allows the U.S. military to arrest and detain, without charges, counsel, or trial, anyone thought by the government to be a threat based on vague standards.

Attempting to deflect public Read More

Chris Hedges v. Barack Obama Amicus Brief urges Supreme Court to bar NDAA Military Detentions of Citizens

Michael Harless Constitutional Law, U. S. Supreme Court

Today our firm has filed our third amicus brief in support of Chris Hedges and the other journalists and political activists who are challenging Section 1021 of the National Defense Authorization Act of 2012 (http://www.gpo.gov/fdsys/pkg/BILLS-112hr1540enr/pdf/BILLS-112hr1540enr.pdf), and its authorization of Read More

Our American Thinker Article Rebutting U.S. Department of Justice White Paper Supporting Presidential Authority to Kill American Citizens Off the Battlefield

Michael Harless Publications

This morning, the American Thinker published an article by Herb Titus and Bill Olson refuting the President’s claims of authority to kill American citizens off the battlefield.

Our article is a legal rebuttal of the U.S. Department of Justice’s White Paper purporting to defend President Obama’s position.

Link to article

Michael G. New v. United States — Petition for Certiorari

Michael Harless Constitutional Law, U. S. Supreme Court

Today we filed a Petition for Writ of Certiorari in the case of Michael G. New v. United States of America in the United States Supreme Court.

The petition urges the Supreme Court to grant the petition for the following reasons. First, the perfunctory disposition of petitioner’s coram nobis petition by the military courts conflicts with United States v. Denedo(Denedo II). Read More

Christopher Hedges v. Barack Obama, et al. Amicus Brief for U.S. Congressman Steve Stockman, et al. in the United States Court of Appeals for the Second Circuit

Michael Harless Constitutional Law, U. S. Court of Appeals, Second Circuit

Today our firm filed an amicus brief in the case of Christopher Hedges v.Barack Obama, et al. in the United States Court of Appeals for the Second Circuit in support of appellees and affirmance. This lawsuit challenges the National Defense Authorization Act (“NDAA”) of 2012’s illegal detention provision. Our firm also filed an amicus Read More

Michael G. New v. United States Petition for Reconsideration in the United States Court of Appeals for the Armed Forces

Michael Harless Constitutional Law, U. S. Court of Appeals, Armed Forces

Today we filed a Petition for Reconsideration in the case of Michael G. New v. United States in the United States Court of Appeals for the Armed Forces.

By this petition, we seek reconsideration of Michael New’s writ-appeal petition on the ground that both the Army Court of Criminal Appeals and Court of Appeals for the Armed Forces orders violate: (i) the two-tiered legal standard governing Read More

Michael G. New v. United States Reply Brief in the United States Court of Appeals for the Armed Forces

Michael Harless Constitutional Law, U. S. Court of Appeals, Armed Forces

On July 16, 2012, we filed Petitioner’s Reply to Respondent’s Answer to Petitioner’s Writ-Appeal Petition for Review of Army Court of Criminal Appeals Deceision on Application for Extraordinary Relief in the Form of a Writ of Error Coram Nobis in the United States Court of Appeals for the Armed Forces.

The Petition for a Writ of Coram Nobis and more information about the case is Read More

Michael G. New v. United States

Michael Harless Constitutional Law, Litigation

The Michael New case is back.

On May 16, 2012, we filed a Petition for a Writ of Coram Nobis based on the Army’s withholding of exculpatory evidence contained in two classified Executive Orders, access to which was unlawfully denied to Mr. New at his 1995 court-martial, at which he was charged and convicted of disobeying a lawful order for refusing to wear the U.N. uniform to serve in a U.N. Read More

Christopher Hedges v. Barack Obama, et al. Amicus Brief for Virginia State Delegate Bob Marshall, et al. in the United States District Court for the Southern District of New York

Michael Harless Constitutional Law, U. S. District Court, Southern District of New York

Today our firm filed an amicus brief in the case of Christopher Hedges v.Barack Obama, et al. in the United States District Court for the Southern District of New York in support of plaintiffs. This lawsuit challenges the National Defense Authorization Act of 2012’s illegal detention provision. A Read More

Sergeant Gary A. Stein v. Colonel C.S. Dowling, et al. Additional Pleadings Filed in the United States District Court for the Southern District of California

Michael Harless Constitutional Law, Litigation, U. S. District Court, Southern District of New York

Today our firm joined with other co-counsel to file the following additional pleadings in the case of Sergeant Gary A. Stein v. Colonel C.S. Dowling,et al. in the United States District Court for the Southern District of California on behalf of plaintiff Sergeant Gary A. Stein:

Plaintiff’s Read More

Memorandum for Delegate Bob Marshall on H.B. 1160 — A bill to Prevent Virginia from Aiding the U.S. Military in the Detention of Virginians under the National Defense Authorization Act of 2012

Michael Harless Publications

Herb Titus wrote a memorandum for Delegate Bob Marshall on H.B. 1160 — A bill to Prevent Virginia from Aiding the U.S. Military in the Detention of Virginians under the National Defense Authorization Act of 2012. The memorandum discusses the interplay between Virginia H.B. 1160 and the federal law that it addresses, the National Defense Authorization Act of 2012.

Delegate Bob Marshall sent this Read More

Sergeant Gary A. Stein v. Colonel C.S. Dowling, et al. Complaint and Motion for Temporary Restraining Order in the United States District Court for the Southern District of California

Michael Harless Constitutional Law, Litigation, U. S. District Court, Southern District of California

Today our firm joined with other co-counsel to file the following documents in the case of Sergeant Gary A. Stein v. Colonel C.S. Dowling, et al. in the United States District Court for the Southern District of California on behalf of plaintiff Sergeant Gary A. Stein:

Complaint for Declaratory and Injunctive Relief

Plaintiff Read More

Herb Titus Law Review Article, “The Don’t Ask, Don’t Tell Repeal: Breaching the Constitutional Ramparts” (December 27, 2011)

Michael Harless Publications

In a hard hitting essay first published in the Fall 2011 issue of the William & Mary Journal of Women in the Law, Herb Titus critically tracks the process by which the 111th Congress repealed “Don’t Ask Don’t Tell.” Titus maintains that from start to finish, the Democratic leadership chose to bring about repeal, utilizing an unconstitutional strategy that breached House rules, Read More