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The Obama/Bush weapon for shielding presidential lawbreaking from judicial review becomes stronger

The laws of war are essential for citizens and legislators to master if humanity is to evolve beyond our violent history of war to enjoy civil communities. To bring these basic laws to life, we'll touch on war's history, explain the letter of US war laws, explain the philosophy/spirit of US war laws, and make the obvious conclusion once the laws are clearly understood that current US wars in Afghanistan and Iraq are unlawful orders that our military must refuse and stop as demanded in their oath to the protect and defend the US Constitution.

We bring you a debate between Noam Chomsky and Alan Dershowtiz on the question, "Israel and Palestine After Disengagement: Where Do We Go From Here?" Dershowitz argued for a political solution based on an Israeli withdrawal from Palestinian towns and a mobile security fence to protect Israel's borders, while Chomsky insisted that the main obstacle to peace in the region is U.S.-Israeli insistence on maintaining settlements and rejecting minimal Palestinian rights. They faced off at Harvard's Kennedy School of Government November 29, 2005.

When the war in Libya began, the U.S. government convinced a large number of war supporters that we were there to achieve the very limited goal of creating a no-fly zone in Benghazi to protect civilians from air attacks, while President Obama specifically vowed that "broadening our military mission to include regime change would be a mistake."  This no-fly zone was created in the first week, yet now, almost three months later, the war drags on without any end in sight, and NATO is no longer even hiding what has long been obvious: that its real goal is exactly the one Obama vowed would not be pursued -- regime change through the use of military force.  We're in Libya to forcibly remove Gaddafi from power and replace him with a regime that we like better, i.e., one that is more accommodating to the interests of the West.  That's not even a debatable proposition at this point. What I suppose is debatable, in the most generous sense of that term, is our motive in doing this.  Why -- at a time when American political leaders feel compelled to advocate politically radioactive budget cuts to reduce the deficit and when polls show Americans solidly and increasingly opposed to the war -- would the U.S. Government continue to spend huge sums of money to fight this war?  Why is President Obama willing to endure self-evidently valid accusations -- even from his own Party -- that he's fighting an illegal war by brazenly flouting the requirements for Congressional approval?  Why would Defense Secretary Gates risk fissures by so angrily and publicly chiding NATO allies for failing to build more Freedom Bombs to devote to the war?  And why would we, to use the President's phrase, "stand idly by" while numerous other regimes -- including our close allies in Bahrain and Yemen and the one in Syria -- engage in attacks on their own people at least as heinous as those threatened by Gaddafi, yet be so devoted to targeting the Libyan leader?

What lies behind this trans-Atlantic policy paralysis? I'm increasingly convinced that it's a response to interest-group pressure. Consciously or not, policy makers are catering almost exclusively to the interests of rentiers - those who derive lots of income from assets, who lent large sums of money in the past, often unwisely, but are now being protected from loss at everyone else's expense.

"If you're not doing anything wrong, you have nothing to worry about." Many Americans have said this, or heard it, when discussing the expanded surveillance capabilities the government has claimed since 9/11. But, it turns out you should be concerned. Just ask peace activists in Pittsburgh, anti-death penalty activists in Maryland, Ron Paul supporters in Missouri, an anarchist in Texas, groups on both sides of the abortion debate in Wisconsin, Muslim-Americans and many others who pose no threat to their communities. Some of them were labeled as terrorists in state and federal databases or placed on terror watch-lists, impeding their travel, misleading investigators and putting these innocent Americans at risk. The Fourth Amendment requirement that you must be suspected of wrongdoing before the government searches your private records risks becoming a quaint notion. Congress weakened the laws designed to protect our privacy, while the executive branch secretly re-interprets or simply ignores the law with no consequence. While your privacy is being sacrificed, there's little evidence the new spying programs are catching terrorists. The question should be, "If you're not doing anything wrong, why is the government snooping on you?"

In this powerful talk from TEDGlobal, Rebecca MacKinnon describes the expanding struggle for freedom and control in cyberspace, and asks: How do we design the next phase of the Internet with accountability and freedom at its core, rather than control? She believes the internet is headed for a "Magna Carta" moment when citizens around the world demand that their governments protect free speech and their right to connection.

The laws of war are essential for citizens and legislators to master if humanity is to evolve beyond our violent history of war to enjoy civil communities. To bring these basic laws to life, we'll touch on war's history, explain the letter of US war laws, explain the philosophy/spirit of US war laws, and make the obvious conclusion once the laws are clearly understood that current US wars in Afghanistan and Iraq are unlawful orders that our military must refuse and stop as demanded in their oath to the protect and defend the US Constitution.

United States v. Dougherty was a 1972 decision by the United States Court of Appeals for the District of Columbia in which the court ruled that members of the D.C. Nine, who had broken into Dow Chemical Company, vandalized office furniture and equipment, and spilled about a bloodlike substance, were not entitled to a new trial on the basis of the judge's failing to allow a jury nullification jury instruction. The Appeals Court ruled, by a 2-1 vote: " The fact that there is widespread existence of the jury's prerogative, and approval of its existence as a "necessary counter to casehardened judges and arbitrary prosecutors," does not establish as an imperative that the jury must be informed by the judge of that power. On the contrary, it is pragmatically useful to structure instructions in such wise that the jury must feel strongly about the values involved in the case, so strongly that it must itself identify the case as establishing a call of high conscience, and must independently initiate and undertake an act in contravention of the established instructions. This requirement of independent jury conception confines the happening of the lawless jury to the occasional instance that does not violate, and viewed as an exception may even enhance, the over-all normative effect of the rule of law. An explicit instruction to a jury conveys an implied approval that runs the risk of degrading the legal structure requisite for true freedom, for an ordered liberty that protects against anarchy as well as tyranny. " Nonetheless, the defendants were given a new trial on the grounds that they had been denied their right of self-representation.[1] The Circuit Judges' assumption that jurors know about their nullification prerogative has since been brought into question by other empirical evidence.[2] According to Irwin Horowitz, "Beyond the empirical issue, lack of nullification instructions maintains a deceit. After all, juries can nullify, but they know this fact only on a so

Republicans have hatched a plan to scuttle the new Consumer Financial Protection Bureau. Michael Tomasky talks with Elizabeth Warren, the woman tapped to be its interim director.

This American life of ours has long been pro-violence and anti-sex, unless the two can be merged so that violence is the dominant theme. The U.S. Supreme Court reaffirmed that historical record on Monday in declaring California's ban on the sale of violent video games to minors unconstitutional while continuing to deny constitutional protection to purely prurient sexual material for either minors or adults.

Oct. 18 (Bloomberg) -- The top U.S. derivatives regulators voted 3 to 2 today to curb trading in oil, wheat, gold and other commodities after a boom in raw-materials speculation, record- high prices and years of debate and delay. The rule has been among the most controversial provisions of the Dodd-Frank financial overhaul, enacted last year, which gave the Commodity Futures Trading Commission the authority to limit trading in over-the-counter commodity swaps as well as exchange-traded futures. The rule will limit the number of contracts a single firm can hold. "Our duty is to protect both market participants and the American public from fraud, manipulation and other abuses," Chairman Gary Gensler said at the commission's meeting in Washington in support of the rule. "Position limits have served since the Commodity Exchange Act passed in 1936 as a tool to curb or prevent excessive speculation that may burden interstate commerce." The rule limits traders to 25 percent of deliverable supply in the month nearest to delivery. The spot-month limits apply separately to physically settled and cash-settled contracts. Deliverable supply will be determined by the CFTC in conjunction with the exchanges.

Following is an excerpt from Glenn Greenwald's new book, With Liberty and Justice for Some: How Law is Used to Destroy Equality and Protect the Powerful

Uploaded by MOXNEWSd0tCOM on Oct 25, 2011 October 25, 2011 MSNBC http://MOXNews.com

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