Showing posts with label habeas corpus. Show all posts
Showing posts with label habeas corpus. Show all posts

Wednesday, August 22, 2012

FREE JULIAN ASSANGE! OCCUPY THE WORLD!

by Len Hart, The Existentialist Cowboy

Julian Assange has been in 'custody' illegally! His right of 'habeas corpus' has been denied him though not formally. He is simply detained, denied his freedom of movement and, presumably, his access to the international press! In fact, no charges have ever filed against him. No 'probable cause' has been demanded of his captors by any judge. He is a political prisoner in every sense of the word. He may be the picture of a fascist future when 'authority' or 'force of arms' simply decrees one to be an enemy of the state.

Assange is locked up though the burden of proof in almost every western nation has rested upon those making accusations. In this case there is no 'probable cause' whatsoever that Assange committed any crime. No formal charges have been filed against him! Officially, he has not even been accused of a specific crime. He is a political prisoner. He is a 'captive' of a crooked state(s).

TYRANNY
The arrest warrant for Julian Assange should not stand and breaches "a matter of fundamental legal principle", the supreme court has heard .

Dinah Rose QC, defending the WikiLeaks founder in his final appeal against extradition to Sweden to face allegations of sex crimes, told the panel of seven senior judges that to consider the Swedish public prosecutor as a judicial authority was "contrary to a basic, fundamental principle of law".

Reaching back as far into European legal history as the Codex Iustinianus, dated 376 AD, Rose said the Swedish prosecutor was a party in the Assange case and therefore not independent and impartial, breaching the principle that "no one should be judge in their own cause", which Rose said was one of the pillars of natural justice.

--Julian Assange extradition breaches legal principle, lawyer claims
This is an outrage! Everyone should be outraged! If Julian Assange can be imprisoned though NO CHARGES have ever been lodged against him, NO ONE IS FREE!

When the U.S. Bill of Rights had not yet been trashed, subverted by the likes of George W. Bush, the crooked court made crooked by the likes of Thomas, Scalia et al, the Bill of Rights had GUARANTEED every American DUE PROCESS OF LAW. The principle, it was hoped, would have been universal among 'western nations'. In fact, no one should be denied the right of Habeas Corpus.
Latin for "that you have the body." A writ of habeas corpus is used to bring a prisoner or other detainee (e.g. institutionalized mental patient) before the court to determine if the person's imprisonment or detention is lawful. In the US system, federal courts can use the writ of habeas corpus to determine if a state's detention of a prisoner is valid. A habeas petition proceeds as a civil action against the State agent (usually a warden) who holds the defendant in custody. It can also be used to examine any extradition processes used, amount of bail, and the jurisdiction of the court.

--See, e.g. Knowles v. Mirzayance 556 U.S.___(2009), Felker v. Turpin 518 US 1051 (1996) and McCleskey v. Zant 499 US 467 (1991).
Simply, if charges cannot be found and filed upon PROBABLE CAUSE, the person targeted should be, must be released! Habeas corpus originated in the English legal system, embraced by the American founding fathers, and made law in the Bill of Rights! It is, likewise, guaranteed in many nations.

Make the Right of Habeas Corpus a Principle of International Law. It is an essential safeguard against tyranny, arbitrary state action, 'official vendettas! ORGANIZE to demand that Julian Assange be 'arraigned' and the charges against him HEARD together with the probable cause that he violated ANY LAWS WHATSOEVER. If the 'authorities' don't even have enough 'probable cause' to file a formal complaint with a judge, then ASSANGE MUST BE RELEASED!

Monday, February 13, 2012

FREE JULLIAN ASSANGE! OCCUPY THE WORLD!

by Len Hart, The Existentialist Cowboy

Julian Assange has been in 'custody' illegally! His right of 'habeas corpus' has been denied him though not formally. He is simply detained, denied his freedom of movement and, presumably, his access to the international press! In fact, no charges have ever been filed against him. No judge has demanded of his captors that they produce 'probable cause' that he has --in fact --committed any crime of any sort! He is a political prisoner in every sense of the word. He may be the picture of a fascist future when 'authority' or 'force of arms' may simply decree one to be an enemy of the state.

Assange is locked up though the burden of proof in almost every western nation has rested upon those making accusations. Officially, he is not accused of a specific crime. He is --simply --a political prisoner, a 'captive' of a crooked state(s).

TYRANNY
The arrest warrant for Julian Assange should not stand and breaches "a matter of fundamental legal principle", the supreme court has heard .

Dinah Rose QC, defending the WikiLeaks founder in his final appeal against extradition to Sweden to face allegations of sex crimes, told the panel of seven senior judges that to consider the Swedish public prosecutor as a judicial authority was "contrary to a basic, fundamental principle of law".

Reaching back as far into European legal history as the Codex Iustinianus, dated 376AD, Rose said the Swedish prosecutor was a party in the Assange case and therefore not independent and impartial, breaching the principle that "no one should be judge in their own cause", which Rose said was one of the pillars of natural justice.
--Julian Assange extradition breaches legal principle, lawyer claims
This is an outrage! If Julian Assange can be imprisioned though no charges have ever been lodged against him, NO ONE IS FREE!

When the U.S. Bill of Rights had not yet been trashed, subverted by the likes of George W. Bush, the crooked court made crooked by the likes of Thomas, Scalia et al, the Bill of Rights had GUARANTEED every American DUE PROCESS LAW. The principle, it was hoped, would have been universal among 'western nations'. In fact, no one should be denied the right of Habeas Corpus.
Latin for "that you have the body." A writ of habeas corpus is used to bring a prisoner or other detainee (e.g. institutionalized mental patient) before the court to determine if the person's imprisonment or detention is lawful. In the US system, federal courts can use the writ of habeas corpus to determine if a state's detention of a prisoner is valid. A habeas petition proceeds as a civil action against the State agent (usually a warden) who holds the defendant in custody. It can also be used to examine any extradition processes used, amount of bail, and the jurisdiction of the court.
--See, e.g. Knowles v. Mirzayance 556 U.S.___(2009), Felker v. Turpin 518 US 1051 (1996) and McCleskey v. Zant 499 US 467 (1991).
Simply, if charges cannot be found and filed upon PROBABLE CAUSE, the person targeted should be, must be released! Habeas corpus originated in the English legal system, embraced by the American founding fathers, and made law in the Bill of Rights! It is, likewise, guaranteed in many nations.

Make the Right of Habeas Corpus a Principle of International Law

It is an essential safeguard against tyranny, arbitrary state action, 'official vendettas! ORGANIZE to demand that Julian Assange be 'arraigned' and the charges against him heard together with the probable cause that he violated any laws whatsoever. If the 'authorities' cannot produce the 'probable cause' to file a formal complaint with a judge, then ASSANGE MUST BE RELEASED!


Monday, September 06, 2010

'V' is for Vendetta or How the Banksters Heisted America

by Len Hart, The Existentialist Cowboy

The movie of 2006, based upon the original 'graphic novel' stars Hugo Weaving as 'V', John Hurt as Adam Sutler -- the Big Brother-like dictator/tyrant seen on giant telescreens. It also stars Natalie Portman. It is a future Britain following a nuclear holocaust but, in fact, it is any nation seized by fear, embracing upon the pre-text of terrorism an all-powerful government in response. This movie exposes 'terrorism' as a racket!

The 'fascist' party called "Norsefire" resembles the Nazi party by its extermination of opponents in concentration camps and the American GOP for its embrace of torture, violations of human rights, blatant demagoguery and lies.

Sutler rules the country as a police state just as Bush aspired to rule America. Naturally, he is opposed. The opposition are called 'terrorists', though it clear that the tyrant's misrule is both the initial cause and the aggravation. It is hard to imagine any guerrilla movement, any opposition, any 'terrorist' having any success at all against a just and/or competent government or ruler. A dictator by his/her tyranny inspires and justifies his opposition and every effort to unseat or overthrow him.

In "V", the police state is opposed by an 'anarchist revolutionary' who dresses up like Guy Fawkes. History buffs will recall Guy Fawkes for his opposition to the English government of James I whose reign followed that of Elizabeth I, who was, despite her good press, a tyrant.

A reference to a prison closely resembling Guantanamo for its flagrant abuses is but one of many analogies and lessons that must be drawn, that must be applied to the the real world created by George W. Bush and the NEOCON junta which seized power in the United States at the end of a contested election and a violent, seditious assault upon vote re-counters who most certainly would have awarded the election to Al Gore had they not been violently attacked by partisans transported to Florida and paid by the Bush campaign.

Other references to a world now fixated by the specter of 'terrorism' are easy to recognize throughout the film. For this reason, 'V' remains controversial.
"In the not too distant future, Britain is filled with torture cells, unfair punishments, prejudice against minorities."
That excerpt from a review reads like a description of America under Bush and in his wake. Bush ordered that suspected 'terrorists' be denied the protections of 'Habeas Corpus' if one is but 'deemed' to be a 'terrorist'. It was, of course, the very purpose of Habeas Corpus to prevent such arbitrary 'deeming'. To prevent those who might wrongly 'deem' others is precisely the point!

It is, therefore, clear that the Bush administration was less interested in effective, real and reasonable measures against real and/or demonstrable terrorists than it was interested in subverting Constitutional guarantees for partisan, political, venal motives or reasons.

Part of the Bush legacy is that a GOP dominated Supreme Court has 'created' corporations 'people'. And the government need only 'deem' you a terrorist to justify torturing you without benefit of Habeas Corpus. It is a recipe for tyranny and corruption. Prisons in Texas, for example, are owned and operated by huge corporations. As a result, crime has increased as the incompetent and/or criminal regimes of Bush Jr and, later, Rick Perry subverted public education in Texas. They succeeded; Texas now ranks dead last in high school graduations. The GOP, therefore, is not only the cause of increased crime by its neglect of education, its corporate sponsors benefit from it. It's a corporate/GOP circle jerk.

The 'future' is now.

Note: The Existentialist Cowboy is currently bombarded by spam from a lunatic name caller of the right wing ilk! Therefore, comments are moderated. Intelligent comments are, as always, welcome! Ad hominem attacks, spam and psychotic drivel is not! Eventually, the offending party will be committed to an asylum and we adults can once again engage in intelligent, articulate dialogue. Thanks for understanding.
Syndicated 'Cowboy' Articles


Media Conglomerates, Mergers, Concentration of Ownership, Global Issues, Updated: January 02, 2009

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Wednesday, March 10, 2010

The Age of the 'Unperson'

by Len Hart, The Existentialist Cowboy

Thanks to the increasingly absurd, bought-and-paid for Supreme Court, corporations are now people but real people can be declared Orwellian 'un-persons' with but a stroke of a pen. This is an unconstitutional power given POTUS by SCROTUS but has no basis in law.

Everything you were told in school with respect to the Bill of Rights, habeas corpus, the rule of law, the right to trial, the right to be confronted by your accusers --all of that is by the boards, 'repealed', rendered moot, defunct with yet another idiotic, stupid and dead wrong decision by the most subversive, traitorous 'Supreme Court' in history.

Moreover, the U.S. Circuit Court of Appeals has ruled that government officials are immune from lawsuits because --at the time --it was unclear whether the abuse of prisoners at Guantanamo was illegal. Let me help them out on this one: every 'prisoner' held in Guantanamo is held in violation of every treaty and international principle to which the U.S. is obliged. I believe that applies as well to Abu Ghraib. Clearly --every action of the U.S. in Iraq is illegal stemming from the illegal invasion, a violation of every international principle and/or treaty to which the U.S. is bound. Any death following as a result of any action taken by the U.S. in or to Iraq violated U.S. Codes, Title 18, Section 2441 is a capital crime! Bush himself is in violation of that provision. Others, farther down the food chain, can always plead: 'but ve ver only folloving orters!'

This affront to the rule of law must not stand! It is more repugnant than the so-called 'Intolerable Acts' which motivated the colonial separation from England. Can we have that revolution now?

As everyone knows by now, SCROTUS recently declared corporations --mere words on paper --to be 'real people' having rights that are NOW denied to you who are living, breathing real people. This is intolerable and absurd. The Supreme Court should be dismissed! One wonders now what additional bullshit must the government try to pull before it is declared illegitimate by a 'people's tribunal' and eventually replaced a real government representing REAL people not 'legal abstractions' and the ambitions of the Military/Industrial complex?
In the wake of the U.S. Supreme Court’s refusal Monday to review a lower court’s dismissal of a case brought by four British former Guantanamo prisoners against former defense secretary Donald Rumsfeld, the detainees’ lawyers charged Tuesday that the country’s highest court evidently believes that "torture and religious humiliation are permissible tools for a government to use."

[....]

Channeling their predecessors in the George W. Bush administration, Obama Justice Department lawyers argued in this case that there is no constitutional right not to be tortured or otherwise abused in a U.S. prison abroad.

The Obama administration had asked the court not to hear the case. By agreeing, the court let stand an earlier opinion by the D.C. Circuit Court, which found that the Religious Freedom Restoration Act -- a statute that applies by its terms to all "persons" -- did not apply to detainees at Guantanamo, effectively ruling that the detainees are not persons at all for purposes of U.S. law.

The lower court also dismissed the detainees’ claims under the Alien Tort Statute and the Geneva Conventions, finding defendants immune on the basis that "torture is a foreseeable consequence of the military’s detention of suspected enemy combatants."

--US: Guantanamo Prisoners Not ‘Persons’, Anti-War Dot Com
In Orwellian terms, an 'unperson is a person who has been vaporized perhaps not literally by the state but nevertheless robbed of his/her natural rights and records of his/her ever having existed. This erasure of personhood itself consists of removing all references to the person in existing books, the destruction of photographs, in fact, any documentary proof of existence at any time, i.e, no trace or evidence is to be found in the historical record.

Even close friends or relatives are 'expected' to forget that an 'un-person' ever existed. The very mention of the unperson's name becomes a 'thought crime'. The concept is not so far-fetched. Consider the Stalinist practice of erasing from photographs the images of convicted 'enemies' of the state. That individuals --real persons --may be subject to this treatment by the 'state' --itself a mere abstraction --is double-plus absurd and more so when corporations are given rights that, by right, belong only to real, living, breathing, biological human beings. Revolution now!

1984 might not have been late in arriving as is often thought. It's implementation may have been complicated but only temporarily delayed by the arrival of the internet. Certainly, the Reagan administration was poised to concentrate, consolidate the conventional and broadcast media into very few and controllable hands. Much of that has occurred. Fox, nothing more than a shrill propaganda organ, is a prime example. Fox arrived on time. The rest of the right wing coup cannot be far behind.

But for the internet and independent blogs, it is this Reagan legacy of concentrated, biased right wing media that you would depend upon for information. That should scare you! If it does not, you're reading the wrong article. Meanwhile, we should not be surprised that the 'conventional' media has yet to grasp the many harms done the world by Reagan, Bush and Bush. The conventional media still speaks another language! Newspeak?

In George Orwell's 1984, life is lived in a state of perpetual war. The U.S. has been at war in one form or another since the beginning of World War II. In 1984 an oligarchical society is defined by its having voided the rights of citizens. It accomplishes this with pervasive government surveillance, mind control, and a 'ministry of truth'. This has been accomplished in the U.S. with the repeal of the Communications Act of 1934 which had established the recently defunct notion that the 'air waves' are owned collectively by the people! That is no longer the law of the land and consolidation of broadcast and print media into very few hands is the result. The internet, we suspect, will eventually be brought under the control of Big Bro. Enjoy it while you can!

Wednesday, June 25, 2008

The Un-American Lies of Antonin Scalia

by Len Hart, The Existentialist Cowboy

It's time the American people fired the man who thinks himself 'too smart for the (Supreme) court'. Scalia has done it again. The architect of Bush v Gore, the disingenuous decision that stuck us with Bush, has stooped to yet another low. Scalia will tell bald faced lies to prop up his bullshit 'opinions'.
To bolster his argument that the Guantanamo detainees should be denied the right to prove their innocence in federal courts, Justice Antonin Scalia wrote in his dissent in Boumediene v. Bush: "At least 30 of those prisoners hitherto released from Guantanamo have returned to the battlefield." It turns out that statement is false.

According to a new report by Seton Hall Law Center for Policy and Research, "The statistic was endorsed by a Senate Minority Report issued June 26, 2007, which cites a media outlet, CNN. CNN, in turn, named the DoD as its source. The '30' number, however, was corrected in a DoD press release issued in July 2007, and a DoD document submitted to the House Foreign Relations Committee on May 20, 2008 abandons the claim entirely."

--Scalia Cites False Information in Habeas Corpus Dissent
Neither logic nor the 'rule of law' is among Scalia's strong suits. How did he manage to get a law degree? Until this latest outrage, Scalia had said that the high court's decision restoring Habeas Corpus would 'almost certainly cause more Americans to be killed’. Hey! Scalia! Debate me on that one. I need fresh meat.
Conservative Justice Antonin Scalia, however, is outraged. In his dissenting opinion, he devoted an entire section to “a description of the disastrous consequences of what the Court has done today,” a procedure “contrary to my usual practice,” he admitted. Scalia adopted extreme rhetoric about the impacts of the decision, calling it a “self-invited…incursion into military affairs” that would “almost certainly” kill Americans. Some lowlights:

– “America is at war with radical Islamists. … Our Armed Forces are now in the field against the enemy, in Afghanistan and Iraq.”

– “The game of bait-and-switch that today’s opinion plays upon the Nation’s Commander in Chief will make the war harder on us. It will almost certainly cause more Americans to be killed.”

– “Today the Court warps our Constitution.”

– “The Nation will live to regret what the Court has done today.”

It is unlikely that the Supreme Court’s decision will have the impacts that Scalia claims. As Kennedy explained, “Liberty and security can be reconciled; and in our system they are reconciled within the framework of the law.” Discussing the restoration of habeas at Guantanamo last year, Colin Powell noted:
The concern was, well, then they’ll have access to lawyers, then they’ll have access to writs of habeas corpus. So what? Let them. Isn’t that what our system’s all about? And by the way, America, unfortunately, has too many people in jail, all of whom had lawyers and access to writs of habeas corpus. And so we can handle bad people in our system.

--Scalia: Court’s Decision Restoring Habeas ‘Will Almost Certainly Cause More Americans To Be Killed’»
I am still amazed that a court whose job is to measure the nation's statutory laws against the 'supreme law' of the land could have ruled in Bush's favor on any issue. One had hoped SCOTUS would redeem itself for a bone-headed decision styled Bush v Gore, a disastrous, politically motivated decision that replaced the rule of law with political expediency.

Later, by ruling that habeas corpus protections apply to detainees held at Guantanamo Bay, the high court held out the promise that it might yet rise above the muck left us in Bush v Gore and by Bush's war on the Constitution!

In the majority opinion, Justice Anthony Kennedy wrote: “We hold these petitioners do have the habeas corpus privilege”. For an administration that thought the fix was in, that it had sufficient ringers on the court, the decision must have come a shock.

Scalia's 'war on logic' is even older. In Bush v Gore, the 'decision that made no law', Scalia argued that 'continuing the recount' would be harmful to Bush. Well, I would hope so! That's the very purpose of elections. The candidate who gets the fewer number of votes is supposed to lose!

Being a disingenuous, snake oil salesmen is one thing. But telling a bald face lie in support of an argument in a decision of the high court is 'intellectual dishonesty' of the highest order.

It's time to impeach Scalia! Scalia doesn't like his job anyway. He thinks himself 'too smart' for it. Let's oblige him by firing his sorry ass.
According to news reports, Scalia, speaking to the ultra-conservative Intercollegiate Studies Institute, read from the Lawrence opinion in mocking tones. Ironic, inasmuch as the 50-year-old institute has says its mission is to "enhance the rising generation's knowledge of our nation's founding principles - limited government, individual liberty, personal responsibility, free enterprise and Judeo-Christian moral standards." The organization, like its famed speaker, draws the line at your individual liberty. They get theirs, you don't get yours if it is contrary to theirs. And there is only one Judeo-Christian moral standard--their own.

Scalia is not alone in his condemnation of his colleagues on the high court. Clarence Thomas has repeatedly talked about the cold and lonely place that is the Court. He shows his contempt for oral arguments by generally refusing to participate.

Why is it that the right, especially the religious right, represented by the likes of Scalia on the court, are so totally unaccepting of another's point of view? Do they truly believe that they have all of the answers to all legal, legislative, and social issues? This week I gave a legal seminar to attorneys in a part of Virginia where Rev. Pat Robertson seems to have a lock on "truth." A couple of religious zealots in the seminar derided other attorneys who tried to talk about life and death issues such abortion, end-of-life treatment, stem cell research, and health care for all Americans. We were supposed to be talking about legal conundrums and challenges.

--ELAINE CASSEL, Antonin Scalia's Contempus Mundi
Let's take the longer view. This government has become illegitimate by every definition of that term. Therefore, according to sound principles practiced by the Barons who forced King John to sign the Magna Carta and, more recently, the principle espoused by such disparate figures as Thomas Jefferson and Che Guevara, it is the right of the people to abolish the government.

It's time to start all over. And when we've done it, when we've plugged up the loopholes that even the disingenuous Scalia can't slither through, then a new government should give Scalia the notice that his 'services' are no longer required. He should have no complaints. After all, Scalia has said that he is 'too smart' for the court!

Monday, April 21, 2008

Bush's Conspiracy to Create an American Police State: Part VI, The government places itself above the law

By Len Hart, The Existentialist Cowboy

Bush's ascent to dictatorship began with a violent attack upon vote recounters in Florida. It was given an imprimatur of legitimacy with the disingenuous 5-4 decision of a conservative SCOTUS. A felonious, physical attack had the effect of stopping the court ordered recount of votes, a count that would have given the White House to Al Gore. Those events and the consolidation of near absolute power since are simply the most visible characteristics of a stunning coup d'etat consolidated quickly in the aftermath of what many believe to have been a false flag attack upon the US: 911!

Since these events, the Bush path to a totalitarian dictatorship has been by the Nazi playbook and Herr Goebbels guidebook to Nazi propaganda. The Bush rise to power is nothing new. No one ever accused Nazis of being imaginative or innovative. The following is just another variation on a theme that Herr Hitler would have recognized.
  • A Stolen Election
  • A False-Flag Attack
  • A War Begun Upon a Pack of Lies
  • Rule by Decree
  • Suspension of Habeas Corpus
  • The Unitary Executive
  • Bush Becomes the 'State'
Our nation is now left with a stark choice: either force from office an illegitimate usurper or forever lose the Democratic Republic. By arrogating unto himself the powers of an absolute dictator, Bush has simply made it impossible to unseat him peaceably and, as Nancy Pelosi infamously declared: impeachment is off the table! Few, if any, peaceful options remain. If power can be seized in a coup d'etat, perhaps, it will be taken back as well.
But if a coup does not use warfare or a mass uprising to seize control, then where does it get the power to do so? "The short answer," Luttwak says, "is that the power will come from the state itself... A coup consists of the infiltration of a small but critical segment of the state apparatus, which is then used to displace the government from its control of the remainder." 5

Normally, a coup does not seek to destroy the basic structure of the existing government, which is more typical of a revolution or a war for liberation. Instead, Luttwak explains, those undertaking a true coup d'etat "want to seize power within the present system, and [they] shall only stay in power if [they] embody some new status quo supported by those very forces which a revolution may seek to destroy." 6 (Emphasis in original.)

In other words, the coup takes advantage of the governmental structure itself, as well as the bureaucratic nature of modern governments. There is an established hierarchy, an accepted chain of command, and standard procedures that are followed when instructions come down this pipeline. So long as the instructions come from the appropriate source or level of authority, they will almost always be followed even if from a new, and illegitimate, holder of that authority.

Luttwak explains that a coup "operates by taking advantage of this machine-like behavior: during the coup because it uses parts of the state apparatus to seize the controlling levers; afterwards because the value of the 'levers' depends on the fact that the state is a machine." 7

Thus, by gaining control over a few carefully selected pivotal points of power within the government bureaucracy, the plotters of the coup can effectively gain control over the entire "machine" of state.

During the presidential election, the key pivot points proved to be quite limited in number, not to mention patently obvious. The first was the state government of Florida, the second the US Supreme Court. But of course, every puppet needs a puppeteer.

--John Dees, Coup 2K
Dees was among the pioneer "whistle-blowers" of the election debacle in Florida which was followed by the infamous Bush v Gore
The Constitution assigns to the States the primary responsibility for determining the manner of selecting the Presidential electors. See Art. II, §1, cl. 2. When questions arise about the meaning of state laws, including election laws, it is our settled practice to accept the opinions of the highest courts of the States as providing the final answers. On rare occasions, however, either federal statutes or the Federal Constitution may require federal judicial intervention in state elections. This is not such an occasion.

--Justice Stevens, with whom Justice Ginsburg and Justice Breyer join, dissenting, Bush v Gore
Gore won the popular vote in 2000 and had not Scalia, Thomas, Rehnquist, Kennedy and O'Connor intervened, the nation would have been spared the tragic ascension of GWB to the White House. The justices acted just in time to prevent our really knowing the truth when it really counted, that is, who really should have gotten that state's Electoral votes. Antonin Scalia had said that continuing a recount of all the votes would be harmful to Bush.
Counting the votes would threaten irreparable harm to petitioner, and to the country, by casting a cloud upon what he claims to the legitimacy of his election. Count first, and rule upon legality afterwards, is not a recipe for producing election results that have the public acceptance democratic stability requires.

--Antonin Scalia
First of all --it was not the 'legality' of the election but the conduct of GOP partisans and brownshirts who cast doubt upon the process itself. Secondly, the candidate who gets the fewer number of votes is supposed to lose! Scalia forever stained the high court, disgraced his office and became a political tool. His tortured logic enabled a felonious coup d'etat. Americans are still paying the price.

Thus --Bush's coup d'etat was hardly a velvet revolution. It was, rather, a violent overthrow of legitimate government in which Bush 'brownshirts', paid thugs, and white coller criminals, were organized, paid, and trucked to Florida for the purpose of shutting down a legally mandated recount of all the votes.
In Florida, the Bush campaign quietly organized "rent-a-rioters" and flew them to Florida from all over the country. While disingenuously portraying the protests as "spontaneous grass-roots efforts," the Bush campaign sent special squads of GOP Congressional staffers who, in several instances, led violent attacks on Democratic observers, smashed windows, and tried to force their way into vote-counting rooms. This was not civil disobedience intended to show disagreement, but a concerted attack designed to threaten and intimidate. 38

Shortly after the election, the Bush campaign began a two-pronged program to import as many protesters into Florida as they could. The first prong was done openly: phone-trees reached out across the country to coax party loyalists to head down and fight Al Gore's "theft" of the election. This much is standard political fare. What was unusual was the more discreet second prong.
Under the direction of House Republican Whip Tom DeLay (of Texas, mind you), staff members of GOP Congressmen were quietly approached with offers of all-expenses-paid trips to Florida, "all paid for by the Bush campaign." 39 In addition to staying in swanky beach-side hotels, part of their reward would be an exclusive Thanksgiving Day party in Ft. Lauderdale.

According to the Wall Street Journal, more than 200 Congressional staffers signed on, with many of them staying in Florida for over a week. "Once word leaked out," said one GOP operative, "everybody wanted in." 40

Of course, the law prohibits Congressional staffers from participating in partisan political activities on "company" time. However, the rules allow them to "go on vacation" or declare themselves on "temporary leave" at a moment's notice. Their marching orders came from their bosses, but officially they were simply "private citizens" (albeit on the Bush campaign's tab).

Once on the scene, high-level coordination was done as secretly as possible. The Wall Street Journal described the "air of mystery to the operation," noting that daily instructions were issued in the form anonymous memos slipped under hotel-room doors late at night. One aide told the paper, "To tell the truth, nobody knows who is calling the shots." 41

On the streets, operations were coordinated from a motor home decorated with Bush-Cheney campaign shwag, like many others parked nearby. The mobile command center was kept a block or so away from the center of the protests, far enough to lay low but close enough for instant access. The protesters were brought to the scene in specially rented busses. Party operatives used bullhorns to shout inflammatory rhetoric, passed out t-shirts and leaflets, and generally kept things heated.

The first GOP riot occurred in Miami on November 22. 42 In command were some 75 members of the "Congress Gang," who floated in and out of the mobile home a block away where the votes were being counted.

NY Rep. John Sweeney, who was observing the recount, gave the order to "shut it down." 43 Within minutes, an angry mob filled the halls of the government building, screaming threats with their fists in the air. Leading the mob, clearly visible in news footage and photographs, were a number of the staffers in the "Congress Gang."
Panicked sheriff's deputies tried to close the doors leading to the counting area. The protesters responded by pounding on the doors and the large window looking in on the besieged canvassers. The glass bulged under the strain.

Joe Geller, the chairman of the local Democratic Party, decided wisdom was the better part of valor. He shoved some papers and a standard blank sample ballot into his brief case and tried to get away. Someone shouted that Geller was "stealing a ballot," and the mob leapt into hot pursuit. Once on the street, Geller was surrounded. He was beaten and kicked as he tried to shield himself with his arms. Finally, local police waded into the crowd and after a considerable struggle managed to extract Geller in one piece. 44

Back inside, other Democrats were attacked. Party spokesman Luis Rosero was shoved, punched and kicked when cornered outside the election supervisor's office. Even Congressman Peter Deutsch was "manhandled." Then word came that 1,000 Cuban-Americans were on their way to join the fray, egged on by the most influential Spanish-language radio station, Radio Mambi.

To stave off a full-fledged lynching, the canvassing board announced the counting would be re-opened to the public. Sheriff's deputies had to escort the three terrified counters back into the public recount area. Meanwhile, the local election board held a private meeting in more secure quarters. When they emerged, they announced exactly what the mob wanted: the recount would be stopped altogether, and the original results from Nov. 7 would be certified. The Miami-Dade election supervisor, David Leahy, initially admitted that the attacks had played a part in their decision to stop the count. "If what I'd envisioned worked out," he said at the time, "and there were no objections, we'd be up there now counting." 45 Later, he denied the protests had been a factor.

With their work done in Miami, the motor home and its troops moved on to Broward County, where they were joined by about 20 other Congressional staffers who were already on the scene. The promised Cuban-American activists also arrived, many of whom were members of the Cuban American National Foundation, a right-wing organization with documented ties to the CIA.

Security was much heavier in Broward, in part because of the Miami riot that had just been broadcast live on CNN. As a result, the protests there were extremely vocal and sometimes tense but, judging from the available press reports at least, no one was physically assaulted. However, the local Democratic Party Headquarters was surrounded and at one point a brick was thrown through its window.
Other "Congress Gang" platoons were sent to Fort Lauderdale, and some of the same Congressional staffers were also involved in a tense confrontation with Democratic volunteers in West Palm Beach. The group, which included Rev. Al Sharpton, was cornered while trying to retrieve some campaign signs. Things got quite tense and heated words were exchanged, but no violence erupted.
In the end, the secret GOP effort was so successful that at many demonstrations, GOP protesters outnumbered Democratic supporters 10 to one.

When it was all over, the Republican rent-a-rioters got their lavish Thanksgiving Day party, with plenty of free food and booze. Wayne Newton crooned "Danke Schoen" for the crowd, until screaming female fans stormed the stage. "Danke schoen, darling, danke schoen. Save those lies, darling, don't explain...." 46 But the real highlight of the evening was a conference call from Bush and Cheney. Instead of chastising the goon squad for their violent tactics, the candidates thanked them for their work. They even cracked mocking jokes about their rivals. 47
The judicious application of "spontaneous" protests and mob violence has always been a key feature of CIA destabilization. Such operations help put political pressure on the target, make for good TV propaganda, and are sometimes used to intentionally provoke a crackdown that is then widely publicized, often through journalists on the Agency payroll.

For example, the CIA's plan for the 1953 coup in Iran called for "stage[d] political demonstrations under religious cover," to include "staged attacks" on Muslim religious leaders which would then be falsely blamed on the Mossadegh government. 48

In their Chilean operations against Salvador Allende during the early '70s, one of the CIA's greatest propaganda victories was "The March of Empty Pots." Thousands of women marched through the streets banging empty cooking pots with ladles to protest food shortages. In reality, the shortages were artificially induced through a secret campaign of economic sabotage coordinated by the CIA along with ITT, Anaconda Copper and other multinationals. Many of the marching "housewives" were actually the spouses of wealthy anti-Allende partisans who were suffering little. Armed fascist gangs backed by the CIA marched along with the women, then provoked violent clashes with the police. Stories of police "attacking women with empty pots" flooded the world press. Dozens of other protests were organized by CIA front groups in order to artificially escalate tensions and portray Allende as having little support or control. 49
In 1990, during Bulgaria's first post-Communist elections, professional agitators, backed by millions in covert financing from the US, organized massive street protests that ultimately succeeded in unseating the duly elected government. Even though the renamed Communist party had won the overwhelming majority in voting which western observers on the scene widely agreed had been fair, the US (through the CIA) used the mobs to intimidate and ultimately hound officials from office. 50

Not coincidentally, one of the senior members of the Bush administration who coordinated the Bulgarian action was none other than James Baker – the man who spearheaded the Bush campaign's post-election response to Gore's challenges in Florida. 51

--John Dees, Coup 2K"Spontaneous" Mob Violence
In the aftermath of coup 2k Bush would opine: 'this would be a whole lot easier if this were a dictatorship!' In the aftermath of 911, Bush would issue yet another example of what passes for wit among GOP conspirators and traitors: "Lucky me, I just hit the trifecta!" In fact, his regime had begun working on an attack and invasion of Iraq eight months before 911. [See: Bush Sought ‘Way’ To Invade Iraq]. Dick Cheney, likewise, had already formed and convened his National Energy Policy Development Group in which the rich oil fields of the Middle East were carved up among the robber barons of big oil. [See Enron: What Cheney Knew; also: John Dean: GAO's Final Energy Task Force Report Reveals that the Vice President Made A False Statement to Congress; Task Force Map of Iraq Oil Fields]
At some point, the Bush administration anticipated the opposition to a war about which he lied: Saddam had no weapons of mass destruction nor had he ties to Bin Laden --a near mythical creation of al Qaeda, itself a creation of the American CIA. Like all incipient dictatorships, Bushco would find it expedient to use against US citizens measures it claimed would be directed only at 'terrorists'. Here's the 'gotcha': a 'terrorist' is whatever and whomever Bush says is a 'terrorist'. Again --Bush would find himself at odds with a 'goddamned piece of paper'.
The Constitution forbids the government from arresting and holding people in the United States without "due process of law." Nonetheless, Bush has claimed the power as commander in chief to designate people as "enemy combatants" and imprison them indefinitely without filing charges.

In 2002, US citizen Jose Padilla was arrested at Chicago's O'Hare International Airport and held in military brigs for nearly three years. Civil libertarians said that was unconstitutional. His case had been heading toward the Supreme Court; the administration recently brought criminal charges against him, thereby thwarting a clear ruling on the issue.
In the past, Congress has ratified treaties pledging that the United States and its agents will not use torture or inhumane treatment against captives. Once ratified, treaties become part of American law, according to the Constitution.

But before this week, the White House maintained that the laws and treaties did not bind the president in handling terrorist leaders. White House lawyers wrote memos that appeared to justify the use of extreme measures - which critics called torture - in interrogating suspected terrorists.

Civil libertarians say the latest revelations add to their frustration with the Bush administration. "If we are a nation of laws, then the president must be bound by the rule of law," said Lisa Graves, senior counsel at the ACLU in Washington.

-- '78 Law Sought to Close Spy Loophole, David G. Savage, The Los Angeles Times
It was all entirely too convenient for a known liar (called 'shiftless' by Ronald Reagan) , a man who had stated that not only was the Constitution a 'goddamned piece of paper', 'this would be a whole lot easier if this was a dictatorship!'.
Washington - In 1978, Congress thought it had closed a loophole in the law when it passed the Foreign Intelligence Surveillance Act. The loophole concerned secret spying authorized by the president on grounds of national security.

On Friday, many in Washington were surprised to learn that despite the 1978 law, President Bush and his advisors had claimed the power to authorize secret spying within the United States.

The New York Times reported that Bush had authorized the National Security Agency to listen in on the phone calls of thousands of people in this country without getting permission from a court. Bush's lawyers maintained that the president had the inherent authority as commander in chief to protect national security through secret spying. The account was confirmed by the Los Angeles Times.

A President Above the Law
A government that robs you of the right to privacy can likewise arrest you in secret, deny you Due Process of Law, Habeas Corpus, the right to legal counsel, the right to make a phone call. In short, Bush has arrogated unto himself and by extension his toadies in the 'administration', the absolute powers of a police state.
The privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.

--US Constitution
Bush simply decreed that Habeas Corpus be suspended, though there is no rebellion nor is there an invasion and, in any case, the power to suspend Habeas Corpus, is not consigned by the Constitution to the 'President' whose only sworn duty is to uphold and defend the Constitution.

911 was not an invasion even if it had not been an inside job. But there is, in any case, no evidence to support Bush's absurd fairy tale about '19 arab hijackers' and, even if it were true, it hardly amounted to an invasion.

FBI Director Robert Mueller admitted that the FBI had no evidence to link the 19 'Muslim men' who have apparently disappeared --neither on the autopsy list or the original 'official flight manifests'. In speech to the Common Wealth Club in San Francisco on April 19, 2003, Mueller stated that the purported hijackers 'left no paper trial'. "In our investigation", he said: "we have not uncovered a single piece of paper - either here in the United States or in the treasure trove of information that has turned up in Afghanistan and elsewhere - that mentioned any aspect of the Sept. 11 plot." That's because the plot to pull off 911 originated inside the White House. There is enough probable cause right now to indict Bush and Cheney on that very charge.

An event all but forgotten now, overshadowed by the calamitous war against Iraq and the economic ruin brought upon the nation by the Bush administration, had the effect of bullying Congress and the media just as Congress had stalled key portions of Bush's Patriot Act. As the the following sequence of videos from the History Channel and CBS News, the FBI has been implicated in the 1993 bombing of the World Trade Center.

The anthrax attacks occurred over the course of several weeks beginning on September 18, 2001. Anthrax spores in letters mailed to several news organizations and two Democratic U.S. Senators, including Senate Majority Leader Tom Daschle, killed five people and infected 17 others. The crime --perpetrated by the government of the US on its own citizens --remains unsolved. A government that wages war upon its own citizens is guilty of high treason!

The US attack on Iraq is a war of naked aggression. US 'public safety' was never threatened in any way by Saddam Hussein, in fact, a US puppet, a Bush stooge propped up by the US until he would no longer go along with US imperialist schemes. Saddam was, in fact, lured into invading Kuwait and we have a transcript of his interview with US Ambassador April Glaspie to prove it.

The US Becomes The World's Biggest Terrorist Nation

Bush seemed to have everything going his way toward his vision of the 'Absolute State'. An ominous decision by Federal judge David Trager [March 13, 2006] said the United States can violate international laws, presumably international conventions to which the US is bound by treaty, most notably the Geneva Convention. The case involves a lawsuit filed by Canadian citizen, Maher Arar. He had been kidnapped by CIA agents during a stopover at Kennedy Airport. In his decision, Federal District Judge David Trager dismissed a lawsuit brought by Arar challenging his arrest, detention, and torture.

According to Nat Hentoff's column, Liberty Beat, Arar was flown to Syria where he was held in solitary confinement and tortured:
... in a three-by-six-foot cell ("like a grave," he said). He became, internationally, one of the best-known victims of the CIA's extraordinary renditions—the sending of suspected terrorists to countries known for torturing their prisoners.

The Torture Judge
Arar, subsequently released, has not been charged with a crime —by Syria or the United States, which refuses to cooperate with any investigation. The Canadian Parliament, however, has begun an investigation to include a public inquiry.

The implications of this case are enormous. If Judge Trager's ruling is allowed to stand, American officials will have a "....green light to do to others what they did to Arar." Any crime could then be committed in the name of national security.
Judge Trager's decision is a transparent circular argument, most often found in the decisions of Antonin Scalia. Trager maintains that any other ruling would have the "...the most serious consequences to our foreign relations or national security or both." In other words, Trager has not ruled upon law, but upon expediency. His primary consideration is not what is legal or what is not but rather, what is "convenient" to those agencies otherwise bound to operate within the U.S. Constitution. He has said, in effect, that even a judge must acquiesce in the commission of state crimes —for convenience! They must acquiesce not by or for law —but for convenience!

The Government Denies 'Due Process of Law' In more enlightened times, 'liberals' found some relief in an independent judiciary. But as the concept of "Separation of Powers" is given a NeoCon treatment by other activist conservative judges, there remains little refuge in the letter of the law.
...the coordinate branches of our government [executive and legislative] are those in whom the Constitution imposes responsibility for our foreign affairs and national security. Those branches have the responsibility to determine whether judicial oversight is appropriate.
The Federal Judiciary since Marbury v Madison has always determined when judicial oversight is appropriate. This decision, if left to Bush, consolidates his power grab and subverts the separation of powers. Individual American citizens are hereinafter left no due process of law, no presumption of innocence, no right to counsel. If Bush but deems you a 'terrorist', you don't get a phone call and you may not even be told the charges against you. In the vernacular: you're totally fucked!

Before a stunned nation could recover from 911, Bush moved decisively against the 'freedom' that he had claimed terrorists had 'just hated'. It was clear, however, that the victims of Bush's power grab would be law abiding, ordinary US citizens but primarily those who oppose him politicially.
Tens of thousands of political opponents and ordinary citizens have been subjected to arbitrary arrest and imprisonment, summary execution, and torture by beating and burning, electric shock, starvation, mutilation, and rape. Wives are tortured in front of their husbands, children in the presence of their parents -- and all of these horrors concealed from the world by the apparatus of a totalitarian state.

George W. Bush, United Nations General Assembly, September 2002
Please note: Bush was not talking about U.S. Abu Ghraib tortures. These were allegations he made against the Hussein regime. But —one wonders: what difference does it make to an Iraqi citizen if he is tortured by Saddam or by Bush? If I am an innocent civilian, what difference does it make to me whether I am summarily executed by Saddam or by Bush?

Bush asserts that wartime and "inherent powers" give him all the legal authority he needs to conduct widespread domestic surveillance of U.S. citizens at home or abroad. In the meantime, the Congress has seen fit to renew the Patriot Act which now includes a little known provision that creates a U.S. "Gestapo" —a new federal police force that will enforce Bush's blatant violations of the Constitution, specifically the Fourth Amendment. Sec. 605 reads:
'There is hereby created and established a permanent police force to be known as the "United States Secret Service Uniformed Division."'

U.S. Patriot Act, Sec. 605, Powers, authorities, and duties of United States Secret Service Uniformed Division
An excerpt:
...officers of the Secret Service Uniform Division will "carry firearms" (sec. 3056A (b)(1)(A)) and be authorized to make arrests without warrant for any offense against the United States committed in their presence, or for any felony cognizable under the laws of the United States if they have reasonable grounds to believe that the person to be arrested has committed or is committing such felony" (sec. 3056A (b)(1)(B))
Please note: the statute establishes "reasonable grounds"! That, in itself, violates the Constitution which establishes as the standard "...probable cause", not "reasonableness". Read the Constitution.
The Constitution is just a goddamned piece of paper!

—George W. Bush
The language of this provision, slipped into the "new and improved" Patriot Act, will allow authorities to haul demonstrators to jail on felony charges for merely breaching an arbitrary perimeter. What's really Orwellian is that this United States Secret Service Uniformed Division (SSUD) may be operational already.

Bush's weltanschauung is and has been harmful to this nation; it has been harmful to this nation's legal underpinnings; it has been harmful to the world.
One of the most interesting and harmful delusions to which men and nations can be subjected, is that of imagining themselves special instruments of the Divine Will.
—Bertrand Russell, Ideas that Have Harmed Mankind

And elsewhere in that essay, Russell wrote:
The world at the present day stands in need of two kinds of things. On the one hand, organization - political organization for the elimination of wars, economic organization to enable men to work productively, especially in the countries that have been devastated by war, educational organization to generate a sane internationalism. On the other hand it needs certain moral qualities the qualities which have been advocated by moralists for many ages, but hitherto with little success. The qualities most needed are charity and tolerance, not some form of fanatical faith such as is offered to us by the various rampant isms. I think these two aims, the organizational and the ethical, are closely interwoven; given either the other would soon follow.
As I write, Bush will most certainly assume even more powers of a dictator. See:
Joseph Story's Commentaries on the Constitution
An excerpt:
§ 1486. Yet the clause did not wholly escape animadversion in the state conventions. The propriety of admitting the president to be commander-in-chief, so far as to give orders, and have a general superintendency, was admitted. But it was urged, that it would be dangerous to let him command in person without any restraint, as he might make a bad use of it. The consent of both houses of congress ought, therefore, to be required, before he should take the actual command.2 The answer then given was, that though the president might, there was no necessity, that he should, take the command in person; and there was no probability, that he would do so, except in extraordinary emergencies, and when he was possessed
The Congressional leadership was intimidated with US Military Grade Anthrax. Congress has not been worth the space it takes up since. Had Bush been clever, smart, cunning, the loss of American Democracy might not have been tolerable but, at least, understandable. But it is still hard to believe that the powers of an 'absolute state' have come to reside in a drooling, pretzel/coke snorting cretin with an IQ barely that of a moron! It is a turn of events simply unimaginable, unforgivable and unfathomable!

No admirer of Ronald Reagan, I have nevertheless found the former President's comments with regard to Bush very interesting as characterized in the satirical My Lunch with Ronald Reagan.
‘A moment I’ve been dreading. George brought his ne’re-do-well son around this morning and asked me to find the kid a job. Not the political one who lives in Florida. The one who hangs around here all the time looking shiftless. This so-called kid is already almost 40 and has never had a real job. Maybe I’ll call Kinsley over at The New Republic and see if they’ll hire him as a contributing editor or something. That looks like easy work.’
Satirical or no --it is an opinion that appears to be shared by the former President's son.
"My father crapped bigger ones than George Bush," says the former president's son [Ron Reagan], in a flame-throwing conversation about the war and the Bush administration's efforts to lay claim to the Reagan legacy. "The big elephant sitting in the corner is that George W. Bush is simply unqualified for the job... What's his accomplishment? That he's no longer an obnoxious drunk?"
--
"It was on another occasion, at the house of Heinrich Hoffmann, his photographer friend, that I started playing some of the football marches I had picked up at Harvard. I explained to Hitler all the business about cheer leaders and marches, counter-marches and deliberate whipping up of hysterical enthusiasm. I told him about the thousands of spectators being made to roar 'Harvard, Harvard, Harvard, rah, rah, rah!' in unison and of the hypnotic effect of this sort of thing. I played him some of the Sousa marches and then my own Falarah, to show how it could be done by adapting German tunes, and gave them all that buoyant beat so characteristic of American brass-band music. I had Hitler fairly shouting with enthusiasm. "That is it, Hanfstaengl, that is what we need for the movement, marvellous," and he pranced up and down the room like a drum majorette. After that he had the S.A. band practising the same thing. I even wrote a dozen marches or so myself over the course of the years, including the one that was played by the brownshirt columns as they marched through the Brandenburger Tor on the day he took over power. Rah, rah, rah! became Sieg Heil, Sieg Heil! but that is the origin of it and I suppose I must take my share of the blame."

Hanfstaengl, Hitler: The Missing Years, p.51


Friday, January 18, 2008

Hoover's plan to abolish Habeas Corpus linked to his 'closet' lifestyle

The headlines trumpet J. Edgar Hoover's plan to suspend Habeas Corpus for some 12,000 American citizens. Largely unreported are his motives. His repressive attitudes and policies were, in fact, a shield, his protection against critics. J. Edgar Hoover was a closet, practicing homosexual even as he headed the FBI.

Hoover's FBI kept files on almost everyone of any consequence in government, including several Presidents of the United States. Apparently his plan worked. At a time when the gay lifestyle was very much the subject of whispers, everyone was terrified of Hoover because of how he might retaliate. For decades, Hoover did not merely pursue "commies", he pursued, arrested and prosecuted "gay people" for "being gay". The words "colossal hypocrisy" come to mind.

The recently publicized document, however, is a specific case that makes the point: the GOP is an institutional threat to American Democracy. As we might have suspected, Hoover had planned to do what George W. Bush may have succeeded in doing, that is, suspending habeas corpus and imprisoning in concentration camps without trial or Due Process of law some 12,000 people whose names had somehow gotten on his shit list.
Hoover sent his plan to the White House on July 7, 1950, 12 days after the Korean War began. It envisioned putting suspect Americans in military prisons.

Hoover wanted President Harry S. Truman to proclaim the mass arrests necessary to “protect the country against treason, espionage and sabotage.” The FBI would “apprehend all individuals potentially dangerous” to national security, Hoover’s proposal said. The arrests would be carried out under “a master warrant attached to a list of names” provided by the bureau.

The names were part of an index that Hoover had been compiling for years. “The index now contains approximately twelve thousand individuals, of which approximately ninety-seven per cent are citizens of the United States,” he wrote.

“In order to make effective these apprehensions, the proclamation suspends the Writ of Habeas Corpus,” it said.

--Hoover Planned Mass Jailing in 1950

Another famous GOP list maker comes to mind --Richard Nixon, whose "enemies list" was at the very heart of the Watergate Scandal. Habeas corpus, the right to seek relief from illegal detention, is a fundamental principle of law traceable to the Magna Carta.
Before penning the Declaration of Independence--the first of the American Charters of Freedom--in 1776, the Founding Fathers searched for a historical precedent for asserting their rightful liberties from King George III and the English Parliament. They found it in a gathering that took place 561 years earlier on the plains of Runnymede, not far from where Windsor Castle stands today. There, on June 15, 1215, an assembly of barons confronted a despotic and cash-strapped King John and demanded that traditional rights be recognized, written down, confirmed with the royal seal, and sent to each of the counties to be read to all freemen. The result was Magna Carta--a momentous achievement for the English barons and, nearly six centuries later, an inspiration for angry American colonists.

--Magna Carta and Its American Legacy

The Bush administration's decision to hold suspects for years at Guantánamo Bay, Cuba, has made habeas corpus a contentious issue for the US Congress and the Supreme Court. But it shouldn't be! It should be sacrosanct. This issue was settled when King John signed the Magna Carta at the behest of the barons who held the upper hand. Why are we debating now an issue that was settled in the year 1215? Why is the GOP so threatened by habeas corpus? Why would the GOP return the US to a theocratic state akin to what might have existed in the Middle Ages? Why is the GOP backward, retarded, dysfunctional? Why are Republicans, like Huckabee, utterly ignorant of law or history? Why do Republicans fear the intellect? Why do they fear freedom?
Hoover's plan was declassified Friday as part of a collection of documents concerning intelligence issues from 1950 to 1955. The plan called for "the permanent detention" of 12,000 suspects at military bases as well as in federal prisons.

The FBI, he said, had found that the arrests it proposed in New York and California would cause the prisons there to overflow. So the bureau had arranged for "detention in Military facilities of the individuals apprehended" in those states.

The prisoners eventually would have had a right to a hearing under the Hoover plan. The hearing board would have comprised one judge and two citizens. But the hearings "will not be bound by the rules of evidence."

Hoover's July 1950 letter was addressed to Sidney Souers, who had served as the first director of central intelligence and was then a special national-security assistant to Truman. The plan also was sent to the executive secretary of the National Security Council, whose members were the president, the secretary of defense, the secretary of state and the military chiefs.

In September 1950, Congress passed and Truman signed a law authorizing the detention of "dangerous radicals" if the president declared a national emergency. But no known evidence suggests any president approved Hoover's proposal.

--J. Edgar Hoover sought mass arrests in 1950, document shows, Herald Tribune

What good is a hearing not bound by the "rules of evidence"? A hearing bound by the rules of evidence is the bloody point! Whenever the power of the state is exercised free of that common sense restraint, you can bet that there is, in fact, no evidence in support of the state's position. "States" throughout history have a lousy record! Why do we put up with it? Why are people so easily fooled?

A state that finds it necessary to lie to its people in order to maintain itself in power is an illegitimate state! Any state which denies to its people the protections of habeas corpus is, by its action, illegitimate and should be --in Jeffersons' words --abolished!! Any state which manufactures a fraudulent state of emergency upon phony terrorist alerts and other lies, is, by its actions, illegitimate and must be voted out or otherwise supplanted. That was precisely the position of Thomas Jefferson who wrote in the Declaration of Independence:
We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.

That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness.

--Thomas Jefferson, Declaration of Independence

Later, Che Guevarra would say the same thing even more succinctly:
People must see clearly the futility of maintaining the fight for social goals within the framework of civil debate. When the forces of oppression come to maintain themselves in power against established law; peace is considered already broken.

--Che Guevarra, Guerrilla Warfare, Chapter I: General Principles of Guerrilla Warfare

Bush has already broken the peace. The government of the United States is illegitimate and, is in fact, treasonously at war with the sovereign people of the United States!

Also check out:

Is the internet declaring war on the vampire elites?


J. Edgar Hoover's Dirty Hands


Saturday, October 21, 2006

Bush administration violates the separation of powers, issues fiat robbing court of judicial power

by Len Hart, The Existentialist Cowboy

Bush seems to be scrambling to consolidate dictatorial powers before his administration comes crashing down around him. According to the Washington Post, Bush has moved to implement the recent bill that abrogates habeas corpus, authorizing military trials of so-called "enemy combatants". The US District Court in Washington has been summarily notified that it no longer has jurisdiction in such cases and may no longer consider "... hundreds of habeas corpus petitions filed by inmates at the Guantanamo Bay prison in Cuba."
Habeas corpus, a Latin term meaning "you have the body," is one of the oldest principles of English and American law. It requires the government to show a legal basis for holding a prisoner. A series of unresolved federal court cases brought against the administration over the last several years by lawyers representing the detainees had left the question in limbo.

Court Told It Lacks Power in Detainee Cases, Washington Post

Bush's move may put the US in unchartered waters. Clearly —the bill demanded by Bush and duly passed by the obeisant Congress is unconstitutional on its face. Even the stodgy Wall Street Journal said that the law was "... a stinging rebuke to the Supreme Court", stripping the courts of all jurisdiction to hear habeas corpus claims filed by so-called "enemy combatants" anywhere in the world.

Why is this issue still on the table? Two years ago, Rasul v. Bush decided in favor of the Guantanamo detainees, giving them the right to challenge their detentions. More recently, Hamdan v Rumsfeld ruled decisively in favor of the detainees. The decision was blunt and precise, unequivocal. Clearly —Bush's position is un-American yet the issue persists with congress giving Bush an unconstitutional authority to try detainees before military commission while denying courts all judicial review of habeas corpus claims.

Outrageous!

Tyranny!

The question is raised amid rumors of intervention: will the Supreme Court strike down the law?

The terror legislation set to be signed into law Tuesday by President Bush sits atop an ideological fault line that sharply divides the US Supreme Court and highlights the emerging power of Justice Anthony Kennedy.

The new law rejects at least five key holdings by the liberal wing of the court and sets the stage for what many analysts believe will be yet another historic showdown between the courts, the president, and Congress.

Mr. Bush's authorization of the Military Commissions Act of 2006 will trigger a barrage of challenges asking judges to strike down the law as illegal, unconstitutional, or both. And it has sparked a heated debate among legal scholars and lawmakers.

Will the Supreme Court shackle new tribunal law?

It would appear that despite Bush's order, the case will go to the Supreme Court where a decision to strike down the bill may be a 5-4 decision with Justice Kennedy the swing vote against Bush's bill.

According to the Post, Vincent Warren of the Center for Constitutional Rights representing many of the detainees has promised to challenge the bill and filing a motion for dismissal of all of the cases that are at the heart of Bush's order to the court.

"We and other habeas counsel are going to vigorously oppose dismissal of these cases," Warren said. "We are going to challenge that law as violating the Constitution on several grounds." Whichever side loses in the upcoming court battles, he said, will then appeal to the Supreme Court.

Court Told It Lacks Power in Detainee Cases, Washington Post