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September 7, 2016

From My Client’s Mother: – Thank You Myra Mossman!! You were the very first Atty that saw the injustice in my Son Keldren Kel Kpook Joshua sentence. After serving 10 years his sentenced was commuted by #PresidentObama on Aug 3rd 2016..My birthday!!

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August 2, 2016

News Feed: Unpermitted FaceBook Use Violated Federal Hacking Laws. “The Computer Fraud and Abuse Act creates criminal and civil liability for anyone who ‘intentionally accesses a computer without authorization or exceeds authorized access’ and subsequently ‘obtains information.'” Check out the link below. 

http://blogs.findlaw.com/ninth_circuit/2016/07/unpermitted-use-of-facebook-violated-federal-hacking-law-9th-says.html?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+USNinthCircuit+%28FindLaw%27s+U.S.+Ninth+Circuit+Blog%29&D

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March 16, 2016

Opinion: For the sake of the country, the Senate should do its job and stop playing politics with their power over our federal judicial system. For a Supreme Court nominee, the Senate has a heightened duty to ‘advise and consent’. Furthermore, McConnell misspoke on the Senate floor today. He is wrong to use Biden’s 1992 speech to denounce President Obama’s constitutional right to choose a nominee in an election year. I’ve detailed the reasons below. As a federal criminal appeals attorney, I am not a fan of Judge Garland because of his reluctance, while on the DC Circuit bench, to overturn criminal convictions. But, I do believe he deserves proper consideration.

Vice President Biden’s 1992 speech on the Senate floor is distinguishable from the current Supreme Court nomination process. 

1) Biden’s comments were hypothetical. Justice Scalia is actually dead; 2) Biden was referencing circumstances when a Justice resigns in an election year. Antonin Scalia was a Supreme Court Justice until his death. He did not resign; 3) A homicide or resignation of a Justice can be politically motivated; neither occurred in the death of Scalia; 4) Biden’s speech was on June 25th. Antonin Scalia died on February 13th. There is plenty of time for the appointment of a new Justice; and 5) If you actually listen to Biden’s 1992 speech, he said he would consider Pres. Bush’s nominee if he would pick a consensus candidate. Check out the link below.

: http://www.huffingtonpost.com/entry/obama-republicans-supreme-court-nominee_us_56e98c18e4b065e2e3d81d08

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February 15, 2016

News Press: I had the great privilege to argue before the Supreme Court, with Justice Scalia writing an often cited separate concurring opinion. I prevailed in the Ninth Circuit Court of Appeals in reversing a guilty plea, with a signed plea agreement. The Supreme Court was not happy with this decision and reversed. Appearing before him and the other Supreme Court Justices is one of the highlights of my legal career. Check out the link below.

http://www.miamiherald.com/news/nation-world/national/article60247506.html

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December 7, 2015

News Press: The United States Supreme Court upholds Illinois ban on assault weapons and large capacity magazines. The determination to not grant certiorari recognizes the 2nd Amendment includes the terms, a “well regulated” militia, something the NRA wants us to forget.

The 2008 case, District of Columbia v. Heller, extended the right to bear arms to the person. However, the amendment could be narrowly interpreted when the Heller Court warned it does not mean the ”right to keep and carry any weapon whatsoever in any manner whatsoever and for whatever purpose,” and noted the “longstanding” and “historical tradition of prohibiting the carrying of dangerous and unusual weapons.” Check out the article below.

 http://www.huffingtonpost.com/entry/major-second-amendment-case_56659b12e4b079b2818f2118

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October 23, 2015

News Press: Although, the DOJ has an internal policy to go after individuals within a corporation, a federal judge issues a call for action on that point and against the Department’s defferred prosecution deals. Check out the link below.

http://www.huffingtonpost.com/entry/emmett-sullivan-deferred-prosecution_5629406ae4b0443bb5634407?utm_hp_ref=politics&ir=Politics&section=politics

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October 1, 2015

News Press: This is important for sentencing reform and, hopefully, reducing our federal prison population. The proposed changes include reduction of the mandatory minimum for certain cases, from 10 years to five years. Check out the link below.

 http://www.nytimes.com/2015/10/02/us/politics/senate-plan-to-ease-sentencing-laws.html?

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September 10, 2015

News Press: Today the Department of Justice issued policy reforms. This does not affect the law; legislators have to do that. We’ll have to wait to see how the U.S. Attorneys construe the Attorney General’s directive. However, it is a meaningful step towards equal justice. Check out the link below.

 http://www.nytimes.com/2015/09/10/us/politics/new-justice-dept-rules-aimed-at-prosecuting-corporate-executives.html

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July 28, 2015

News Press: President Obama and a Bipartisan Congress agree on the need for Federal Sentening Reform. Check out the link here: http://www.nytimes.com/2015/07/29/us/push-to-scale-back-sentencing-laws-gains-momentum.html?_r=0

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May 29, 2015

New Press: I do not practice California State Law but I am interested in incidents of law enforcement and prosecutorial misconduct. Here is an article about the occurance of corruption in Orange County,California and the Judge who is taking control of the situtation. Click here to view article.

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May 3, 2015

News Press: An Interesting Article About Aging in Prison. The Federal Bureau of Prisons is involved in all my criminal cases. A federal criminal appellate practice handles appeals of convictions from trials or guilty pleas. While the BOP determines the placement of all defendants, a District Court Judge may make recommendations to where a defendant will serve his term of incarceration, based on factors as the location of the family. During that term, a prisoner may be moved to a new facility due to the various needs of the Federal Prison Industrial Complex. Click here to view article.

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January 22, 2015

News Press: My federal appellate practice is on the other side of the continent from Mr. Bharara’s New York office but I have followed some of his criminal cases with great interest. For certain, the fascinating appeals I’ve handled dealing with the United States Attorney’s Los Angeles Office, and their major crimes unit, has that same quality. My experience in the legal profession is one of elegance, which does not remotely resemble the stuff of ‘bad lawyer’ jokes.

http://www.buzzfeed.com/bensmith/the-most-dangerous-man-in-american-politics#.jovxjVMe6

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November 26, 2014

News Press: From the Beginning, Strange Legal Proceedings in Ferguson and Now This Statement from the Prosecutor After the Grand Jury Returned a No-Bill on Indicting Officer Wilson: http://www.huffingtonpost.com/2014/11/24/bob-mcculloch-ferguson_n_6215986.html

I agree with Justice Scalia. This article contrasts the Justice’s notion of a grand jury to how the Ferguson Prosecutor handled the proceedings. Click here to view article.

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October 16, 2014

News Press: The Supreme Court today denied certiorari where the basic issue was whether the judge could account “accquited conduct” at sentencing. This happens when a defendant is accquited of some charges but found guilty of others and the accquited facts were not proven beyond a reasoanble doubt or even by a clear and convincing standard of proof. Justices Ginsburg and Scalia dissented. It is a shame the Court did not agree to hear the cert petition.

http://www.allgov.com/news/unusual-news/supreme-court-justices-ginsburg-and-scalia-in-rare-dissent-agreement-141016?news=854543

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September 25, 2014

News Press: A little known fact is that the Obama Administration, in particular, the Department of Justice, is quietly resolving long standing breach of trust claims by over 40 North American Indian tribes, the largest being yesterday’s accord with the Navajo nation. “U.S. Attorney General Eric Holder called the agreement historic and said it showed the Justice Department’s commitment to “strengthening our partnership with tribal nations.” 

A few hours ago, Attorney General Eric Holder announced his retirement. I recognize these legal settlements as a great accomplishment for him and the President. Perhaps, my viewpoint is shaped by my undergraduate degree in anthropology and studies in Native American shamanism, or the recognition that America’s infancy was born from an occupying, genocidal temperament. 

http://www.huffingtonpost.com/2014/09/24/us-navajo-settlement_n_5878812.html

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September 11, 2014

News Press: You do not often hear the Latin phrase ‘ultra vires‘ in American political or constitutional discourse. It means, “beyond the powers”, and refers to a governmental body that acts outside the scope of its designated powers. Back in the days, when I was a joint law degree student in Canada and the United States, the Canadian judiciary’s use of the term was pertinent to the British North American Act, 1867. Canada did not have full constitutional control from the United Kingdom until the Canada Act, 1982. 

The term ultra vires seems relevant in today’s discussion regarding the United States Constitution’s War Powers clauses because they remain so unclear or adhered to. With the intent to make war not an easy venture, the founding fathers divided these powers; Congress can ‘declare’ war under Article 1, and Article 2 designates the President as Commander in Chief of the armed forces. The following article looks at the history of the ensuing constitutional confusion and the War Powers Act of 1973’s basically failed effort to resolve the situation. One final point. Regarding an authorization to go to war, if Congress fails to act when it should, by holding a vote, an appropriate phrase is an abrogation of authority, or incompetence, which in Latin is called ‘imperitiam‘.

http://www.bloombergview.com/articles/2014-09-10/george-washington-asked-congress-to-buy-in-too

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August 20, 2014

News Press: As it’s website states, the Bureau of Prison, is an “Agency Like No Other”. This is an Understatement. Most people have little or minimal understanding of this shadow arm of Federal Law Enforcement. The article addresses the reporters charge the BOP’s Communications Management Unit, which is “some of the systems” “most restrictive prisons” is used to “punish political speech”. 

Read the following for more information about the lawsuit. http://www.huffingtonpost.com/2014/08/20/daniel-mcgowan-jailed-for_n_5694877.html?utm_hp_ref=politics

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June 30, 2014

News Press: When William Rehnquist was an Associate Justice on the United States Supreme Court, he was writing mostly in the Dissent. Since his term on the bench as its Chief and now in the post-Rehnquist era of Chief Justice Roberts, we are seeing his conservative view point of America as the majority voice on the Court. But, does it really speak for the US? A recent poll suggests that most Americans agree with Justice Ginsburg’s dissenting opinion on contraception and health care plans.

Briefly, I think some recent Supreme Court decisions are precisely chipping away and refining the statutory creature known as a “Corporate Personhood”, along Conservative-leaning principles. Regarding economic liability, certainly there is a separation between the shareholders or limited partnerships and the business itself. Now, the Court is carving out the “Personality” aspect of this legislative “Creature” in two narrowly tailored cases. Citizen’s United held that a corporation has First Amendment Rights concerning Political Speech. Here, the Court seemingly or naively limited the decision to addressing concerns of non-profits like the Sierra Club. In Hobby Lobby, the Court recognized that a business could have a “Religious Personality”.  The Court’s decision narrowed the application to business entities such as; closely held corporations, limited partnerships, and sole proprietorships. But, as Justice Ginsburg’s dissent notes, the decision has “ventured into a minefield”

Read the following article with a link to Justice Ginsburg’s dissent: http://www.huffingtonpost.com/2014/06/30/ruth-bader-ginsburg-write_n_5544111.html

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June 13, 2014

News Press: Our Prison System Exemplifies the Relationship Between Severity and Mercy Within Our Society at Both the State and Federal Levels. Take a Look at This Upworthy Article Concerning State Incarcerations and Judge For Yourself Where We Stand As a Country on This Most Important Continuum. http://www.upworthy.com/the-shocking-way-that-some-prisons-are-kept-full?c=hpstream?c=huf1

As an federal criminal appeals attorney, I have experience with clients in both systems. Generally, it is the State facilities that are subpar but by no means exclusively. In some instances, those recently convicted of federal crimes are housed by the State while in a transition status. They will then be moved to a more permanent placement in a federal penal institution. However, those incarcerated could be subject to relocations as the need arises within the Federal Prison Industrial Complex. 

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May 1, 2014

Client News: Myra Mossman, Esq. Consulting Client – The Peace Caravan Project

The Peace Caravan Project’s documentary “KAWOMERA: Plant Pray Partner for Peace” WINS the Best Documentary Short at the the NYLA International Film Festival. To view the trailer visit the Peace Caravan website at: http://www.peacecaravan.com

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April 11, 2014

News Press: Be very aware of the tactics law enforcement uses to catch Fraudsters; those Charismatic executives, who willingly lead often unsuspecting followers into the dark side. The New Yorker article addresses the dilemma of the ‘ordinary’ person who gets caught-up in the Charm of a Con Artist. Often charges are brought against these low-level Believers, the alleged co-conspirators.

As a federal criminal appeals attorney, indictments filed by a District Attorney are not my general purview. But, I’ve seen the same play often in my 14-years of practice opposing the United States Attorney’s Office. I’m sure Mr. Warren’s indictment in the Dewey and LeBoeuf case is not really a puzzle, as the article suggests, but a prosecution strategy.

Their goal is to get a minor player to plead guilty, with a recommendation for a lower sentence, and agree to become a government cooperating witness. Warren might have overheard some useful conversations for the State’s case against bigger players in the scheme. What he allegedly overheard may also hook him to an accomplice in a conspiracy to commit fraud charge. We shall see……

Click here for the New Yorker article.

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March 25, 2014

News Press: For the past fourteen years, I’ve handled appeals of major federal crimes occurring in the United States. A pattern has emerged in the fraud cases that intrigue me tremendously. It is the notion of the ‘Charismatic Being’ as an Executive who is really a Con Artist. Lately, many articles extol the virtues of the corporate charismatic leader as visionary and extremely profitable. I’ve seen the dark side.

Presently, we are witnessing the downfall of one of the nations oldest and most prestigious law firms, Dewey & LeBoeuf, the namesake of the former Republican Presidential nominee, Thomas E. Dewey.  That same pattern is apparent.  Bankruptcy, indictments, and probable convictions are the logical conclusions of this sad phenomenon.

The Dewy case is proceeding on both the state and federal level. Yesterday, the District Attorney of Manhattan asked to unseal the case against seven employees who have already plead guilty. Their identities have remained secret, which is most unusual except in organized crime cases.

Check out an interesting New York Times article by Mathew Goldstein: A Mystery – Who are the Dewy Secret Seven. http://nyti.ms/1enxAbi

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Client News: Myra Mossman, Esq. Consulting Client – The Peace Caravan Project

Peace Caravan: One Woman’s Courageous Journey along the Silk Road, An Illustrative Talk at the Princeton Club, on March 24th.

Peace Caravan: Journey along the Silk Road presents Marla’s solo journeys through China, Afghanistan, India, Turkey, Syria, Jordan, Israel and Egypt. Through her photography and stories we visit the locations of the origins of the World Great Religions and remote areas to share in the cultures under siege of disappearing through war and modernization. Avidly interested in promoting arts and education, Marla began the Peace Caravan Project in 1996. In 2005 she was the first foreigner to enter the remote Waras District in the central Mountain region of Bamiyan Province, Afghanistan to visit distant villages and set up a schools program.

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MMEsq. In the News: Myra Mossman, Esq. Mediator – Affiliating with the Mediation Center of Santa Barbara and Los Angeles.

The Mediation Center is pleased to announce that Myra Mossman Esq., a Federal Appellate Attorney, Consultant, and Mediator is now handling all of the Mediation Center’s commercial and corporate disputes, including claims of malfeasance.

Gail Rappaport, founder of the Mediation Center, has known Ms. Mossman for over twenty years. “She is a fine lawyer and a fine mediator. I am very pleased to have Myra Mossman, Esq. mediate all types of contractual and complex business related disputes.” She has over fourteen years of appellate practice, including handling appeals of major crimes involving securities law, tax and banking frauds. Ms. Mossman has had significant litigation experience, with appearances before the Ninth Circuit Court of Appeals and the United States Supreme Court.

Myra Mossman’s principal is to resolve all disputes in a timely, fair, and equitable manner for all concerned parties.