US-Thailand Commence Annual Cobra Gold Despite Differences

Cobra Gold 2014 by U.S. Pacific Command is 

licensed under CC BY-NC-ND 2.0

Though the United States sanctioned Thailand in 2014 for its ongoing coup, both countries still hosted the annual Cobra Gold joint military exercises, reports the Bangkok Post.

There had been speculation that the U.S. might cancel the Cobra Gold this year which has been conducted in Thailand for nearly thirty years. 

One expert on Asian security issues, Ian Storey, told the Bangkok Post that cancelling the Cobra Gold wouldn't have been in Washington’s best interests as it could have “created an opportunity for Beijing to strengthen its strategic ties to Bangkok.”

Washington did scale back the number of troops it sent this year, from 4,300 to 3,600, and “refocused” the drills this year on humanitarian civic-action training and non-combatant evacuation drills.

“Cobra Gold is a symbol of long-standing and continuous military cooperation,” said General Wuttinun Leelayudth, Thailand's deputy Supreme Commander, to this year’s attendees. “The training shows transparency in terms of these relationships.”

Read the full story here and here.

Chaninat and Leeds has a team of Thailand investigators experienced and prepared to gather evidence for clients to build their court cases.

Virginia Fights Federal Govt Kidnapping of U.S. Citizens

Virginia’s New Anti-NDAA Detention Bill Turns the Table on Feds

by Kelli Sladick republished from Activist Post:

A bill introduced in the Virginia assembly would take the next step in stopping illegal federal kidnapping under the 2012 National Defense Authorization Act.

Virginia stood alone and passed the first bill in the country addressing detention provisions written into the NDAA in 2012. That law forbids state agencies, in some situations, from cooperating with any federal attempts to exercise the indefinite detention provisions written into sections 1021 and 1022 of the National Defense Authorization Act.

HB2144, sponsored by Del. Benjamin L. Cline (R – House District 24), takes things two steps beyond simply refusing to cooperate with the federal agents in the event of indefinite detention in Virginia. This bill turns the tables and systematically creates the type of leverage and attention D.C. would not want public if it refuses to cooperate with the state of Virginia.

This legislation would require two things from the feds if it detains a U.S. citizen in the state of Virginia.

Keep reading…

Chaninat and Leeds attorneys are Thailand personal injurylawyers assisting national and international clients since 1997.

Police Use Patriot Act in Drug Investigations, not Terrorism

Surprise! Controversial Patriot Act power now overwhelmingly used in drug investigations

by Radley Balko republished from The Washington Post: 

One of the more controversial provisions of the Patriot Act was to broaden the “sneak-and-peek” power for federal law enforcement officials. The provision allows investigators to conduct searches without informing the target of the search. We were assured at the time that this was an essential law enforcement tool that would be used only to protect the country from terrorism. Supporters argued that it was critical that investigators be allowed to look into the lives and finances of suspected terrorists without tipping off those terrorists to the fact that they were under investigation.

Civil libertarian critics warned that the federal government already had this power for national security investigations. The Patriot Act provision was far too broad and would almost certainly become a common tactic in cases that have nothing to do with national security.

But this was all immediately after the terrorist attacks of Sept. 11, 2001, and there was little patience for civil libertarians. The massive Patriot Act of course passed overwhelmingly, including the sneak-and-peek provision, despite the fact that only a handful of members of Congress had actually read it. (Not to mention the public.)

Keep reading the full story…

Chaninat and Leeds has a team of Thailand private investigators supervised by experienced lawyers to ensure evidence can be used in the Thai court of law.

Thailand Close To Agreeing Tax Information Sharing Agreement With US

The Thailand Revenue Department has announced that Thailand and the USA have tentatively agreed to a tax information sharing agreement.  Pursuant to the agreement the Thai Revenue Department and the US Treasury will share the financial information of citizens of both countries including banks, mutual funds and life insurance firms.

The USA has been increasing awareness and enforcement of the new Foreign Account Tax Compliance Act (FACTA). According to the term sof the agreement, Thailand would assist the US in collecting information they need to enforce FACTA with regard to US nationals holding assets outside of the USA. 

Chaninat & Leeds law firm in a Bangkok based full service law firm assisting new and existing commerical ventures with  Thailand company registration 

FACTA is a US federal law which requires Americans, including expatriates (they have no exemption)  to file an annual report to the US Treasury Department, regarding any financial accounts or assets held in foreign countries.

Another 80 countries are in talks with the US regarding similar agreements for tax information sharing.

Woman Removed From No Fly List Still Denied Visa

U.S. District Judge William Alsup ruled that Professor Rahinah Ibrahim must be stricken from all related terror-watch lists reports All Gov California bringing an end to her nine year fight.

However it turned out to be a bittersweet victory for Professor Ibrahim,  Judge Alsup then made a further ruling which let U.S. officials revoke her visa for secret reasons he would/could not disclose. 

 

Lawyers at Chaninat &Leeds specialize in US visas and immigration law including waiver and exclusion cases 

“This order, of course, does not insist that the government grant a waiver,” Alsup wrote. “Once acted on, the agency's decision whether (or not) to grant a waiver would presumably be unreviewable” by the court.

 The US government has point blank refused, since the no-fly list was written after the September 11, 2001, attacks, to say who is on it, how they got there or how they can get off it.

Read the full report here 

Judge Recommends US Should Change Constitution

Former Supreme Court Justice John Paul Stevens has just released his latest book, Six Amendments: How and Why We Should Change the Constitution. He suggests amendments to the constitution would reduce gun violence, abolish the death penalty, restrict political campaign spending, and limit states' independence and reports USA Today.

Stevens also reflects on today's justices, the complex cases they face, and the issues likely to reach the court in the near future, from same-sex marriage to government surveillance.

Thailand Lawyers, Chaninat & Leeds are comprised of Thai, US and UK attorneys  

His ideas include:

·         Changing the Second Amendment to make clear that only a state's militia, not its citizens, has a constitutional right to bear arms.

·         Changing the Eighth Amendment's prohibition against "cruel and unusual punishments" by specifically including the death penalty.

·         Removing from First Amendment protection any "reasonable limits" on campaign spending enacted by Congress or the states.

·         Requiring that congressional and state legislative districts be "compact and composed of contiguous territory" to stop both parties from carving out safe seats.

·         Eliminating states' sovereign immunity from liability for violating the Constitution or an act of Congress, which he calls a "manifest injustice."

·         Allowing Congress to require states to perform federal duties in emergencies, in order to reduce "the risk of a national catastrophe.

Read more about the book here 

Federal agencies must reveal a memorandum that outlines the legal basis for assassinating Anwar al-Awlaki while the U.S. citizen was living Yemen, the 2nd Circuit unanimously ruled today according to Courthouse News.

 

Anwar al-Awlaki was living in Yemen when he was killed in a bomb. A separate strike killed his 16 year old son a week later.

 

Attorneys at Chaninat & Leeds law firm are experienced in Thailand Criminal Attorneys cases

 

An American Civil Liberties Union official called the decision a "resounding rejection of the government's effort to use secrecy and selective disclosure to manipulate public opinion about the targeted killing program."

 

The agencies also must provide information about why they refused to confirm or deny the existence of other documents.

 

Read the full report here

 

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Study Of The US Sex Industry

A new study entitled "Estimating the Size and Structure of the Underground Commercial Sex Economy in Eight Major US Cities" investigated the sex trade in eight big American cities has been published. A detailed investigation into the industry in Miami, Dallas, Washington, D.C., Denver, Kansas City, San Diego, and Seattle found that Hispanic prostitutes and pimps are a growing part of the sex trade. 

Aside from brothels, the human sex trade in large American cities also includes internet-based trafficking and erotic massage parlors in addition to street-based prostitution. Street-based prostitution, which has the lowest prices, was found to be in decline as girls increasingly ply their trade in strip clubs and massage parlors or the internet, which are all safer compared to the streets. 

However, the study also found that the overall national demand for sex work has decreased, and that prostitution is no longer so common and as well paid.

Prostitution under Thailand criminal law is illegal – section 286 of the Penal Code states: “Any person, being over sixteen years of age, subsists on the earning of a prostitute, even if it is some part of her incomes, shall be punished with imprisonment of seven to twenty years and fined of fourteen thousand to forty thousand Baht, or imprisonment for life.” 

Read the full study here

Related Documents: Sex Laws in Thailand 

Related Articles: US Immigration and Thai Sex Workers

Flickr photo credit: Blemished Paradise

Birth Certificate And Student Dormitory Legal Battles For Transgender

The Huffington Post reports that George Fox University, in Newberg, Oregon has stopped a transgender sophomore student from living in an all male dorm because of their “theological commitments” as a Christian school.

However, the student has now decided to file a federal complaint against the university. The school however have rejected his claim for discrimination and have released a statement saying "The university has made many efforts to provide support and accommodation for the student and remains committed to his academic, physical, emotional and spiritual welfare."

Chaninat & Leeds Attorneys are a Bangkok based US immigration law firm specializing in US Immigration Law in Thailand 

This story comes as The Star reports that a family in Canada has filed a human rights complaint arguing their son should be allowed to change or remove the “sex” from his birth certificate. She has lived life as a girl from a young age, and is indeed now only six. Her mother said says Renn needed her birth certificate last year to register for kindergarten in Saskatoon and was embarrassed when she saw that she was listed as a boy.

In the 1970s, most provinces changed their laws so people could change their birth certificates after sex reassignment surgery. The revision left out transgender children, because people must be at least 18 to be eligible for the surgery.

Read the two stories here and here. 

Texas Divorce Relies On Unique Immigration Clause

We suspect Steve Summers is now long regretting signing the affidavit in support of his bride, Mexico-born Evangelina Zapata's US residency application, for according to Fox News Latino, she is now using the very same document against him to claim alimony.

Thailand Divorce Law 

Thailand Attorneys, Chaninat and Leeds specializes in Thai and international divorce law 

Mr Summers signed an affidavit vowing to support Ms Zapata so that she would not become a “public charge” but she is now arguing that he should support her at 125% of the federal poverty level unless she becomes a U.S. citizen, works for approximately 10 years in a job which pays into the Social Security system, or fails to keep the permanent legal residency status.

US Immigration Attorneys warn that people need to pay attention to this case and remember the implications signing such an affidavit can bring. 

Related Documents:

Thailand Divorce Law

Divorce:

Marriage and Divorce in Thailand: When Love Turns Deadly

Thailand Marriage and Divorce: Thai Dream or Foreigner’s Nightmare?

US Divorce Feud Spans 17 Years

A 17-year legal fight between two law professors over their divorce and continuing disputes has received sharp criticism from judges who say the former spouses are setting a bad example, or rather a good exmaple of how exactly not to behave in a courtroom. .

The feud between University of Cincinnati professor Christo Lassiter, 56, and his former wife Sharlene Boltz, 52, has lasted seven years longer than the couple's 10-year marriage. 

Thailand Divorce Law 

Chaninat and Leeds specialize in Thai and international divorces 

Historical issues were with regards to the couples two children, now 17 and 20, but it is understood than financial issues are yet to be resolved. 

A new hearing date has been scheduled for 6 September. 

Generally speaking, if one or both spouses are currently residing in Thailand a divorce can be petitioned under Thailand family law. If the divorce is jointly requested, the divorce proceedings should be relatively simple. If one of the parties is unwilling or unable to proceed in the divorce proceedings, the legal process of filing for a divorce in Thailand then becomes more complicated. Thailand is a "Community Property" jurisdiction. When a couple divorces in Thailand, separate property (sin suan tua), namely assets and property acquired before marriage, generally remains the property of the owner.

Related Video:

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Thailand Divorce Law 

Divorce: 

Marriage and Divorce in Thailand: When Love Turns DeadlyThailand Marriage and Divorce: Thai Dream or Foreigner’s Nightmare?

Attorney Admits Prostitution And Agrees To License Suspension

State records show that an attorney who had sex in exchange for office supplies for her legal practice, pleaded guilty to prostitution charges and has now agreed to have her law license suspended for three years, reports the Chicago Tribune.

Reema Bajaj pleaded guilty last year in DeKalb County to a misdemeanor count of prostitution for an encounter that occurred before she became an attorney. Bajaj became infamous on the internet when she was initially charged.  

Thailand Criminal Defense Lawyer 

Chaninat and Leeds specialize in criminal defense cases in Thailand 

The Illinois Attorney Registration and Disciplinary Commission accuses Bajaj of criminal conduct and making false statements in both a disciplinary matter and on her application to the bar by not admitting her work as a call girl.

Times are obviously tough for lawyers in the US! 

Read the full story here 

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Defining Child Trafficking & Child Prostitution: The Case of Thailand 

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The Bradley Manning Verdict: Whistleblowing Law

The Bradley Manning verdict was released last week. Although the sentencing hearing is still continuing, Manning was acquitted of the more serious charge of aiding the enemy, but was convicted of disobeying orders and releasing classified information and the actions of the US Government in Iraq and Afghanistan.

As the verdict was announced, the news was also released that Russia were prepared to offer temporary asylum to Edward Snowden, meaning he was now free to leave Moscow airport, where he has been staying the last few weeks. Snowden has been charged with leaking details about US surveillance programs.

Both men insist they released this information not to harm the US government, but because they believed the US public had a right to know. It seems the Espionage Act,  originally intended to protect the US from foreign spies, is now being used against so called whistle blowers.

Under Thailand law, whistle blowers should be offered the same protection as with other country's, however Thailand lawyers say they often have concerns that more reports are not made in Thailand because of cultural issues and fears of speaking against someone.

Relevant Video:




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Bradley Manning Trial Judge Raises Burden of Proof
Hong Kong Protests In Support Of Snowden

Flickr photo credit: savebradley 

Non Pecuniary Damages In Wrongful Acts: The Difference Between US And Thai Law

Liability for non pecuniary damages remains a much talked about issue in the area of tort law, namely because it is so controversial whether it should be granted or not. The topic has been discussed at length in various academic articles.

This article however takes a slightly different approach.  Worrawong Atcharawonghai, Judge of Phuket Provincial Court and Thai Barrister at Law, analyses the difference between the law of non-pecuniary damages in Thailand and in the US and considers applying the concept of the US non-pecuniary damages based system to Thailand where it is not really recognized. 

He argues that Thai personal injury law should undergo reform, and that in particular non pecuniary damages causing death should be available and that more discretion should be awarded to courts with regards to the amount of damages that can be awarded.

Read the full article here  

US Visas Following Supreme Court DOMA Decision

Analysis continues to be made following the Supreme Court's much welcomed decision to strike down the Defense Against Marriage Act (DOMA). The fact that same sex couples who live in states that recognize gay marriage will be entitled to the same federal benefits that heterosexual couple ares brings with it massive changes in law from probate, to marriage, to divorce to immigration issues.

 The Secretary of Homeland Security has issued a very clear statement about what is to happen moving forward, "President Obama directed federal departments to ensure the decision and its implication for federal benefits for same-sex legally married couples are implemented swiftly and smoothly. To that end, effective immediately, I have directed U.S. Citizenship and Immigration Services (USCIS) to review immigration visa petitions filed on behalf of a same-sex spouse in the same manner as those filed on behalf of an opposite-sex spouse.”

US Spouse Visa Attorney 

Chaninat and Leeds specialize in US visa law  

Despite Thailand being accepting of the gay community, same sex marriage is still not legal here. However thanks to the Supreme Court, and the statement from Homeland Security it now seems to open the way for US spouse and fiance visas to be made available to same sex couples living in Thailand and wanting to live in the states. Previously, even if the US petitioner lives in a state where same sex marriage was legal, they would have been unable to sponsor their partner for immigration as they would not have been in receipt of the same federal benefits.

It now seems that is no longer an issue, and to that extent we expect a surge of application for US fiance visas   although obviously this will still need to be tested in practice to see if there are any other stumbling blocks which have yet to been anticipated.

Watch the video here:

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Prenuptial Agreements And Same Sex Marriage  

DOMA Overturned! Immigration Rights For Same Sex Couples