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Paul Merrell

Milosevic prosecutor claims top ICC official bowing to Israeli, US pressure | The Elect... - 0 views

  • The chief prosecutor of the International Criminal Court (ICC) is appealing a ruling ordering her to reconsider her decision not to investigate Israel’s lethal attack on an aid flotilla to Gaza five years ago. But Geoffrey Nice, lead counsel for victims and families of those killed in the Israeli attack on the Mavi Marmara, told The Electronic Intifada that the arguments Chief Prosecutor Fatou Bensouda has put forward are “complete hogwash.” Nice, who worked for the International Criminal Tribunal for the Former Yugoslavia from 1998 to 2006, led the prosecution of former Serbian President Slobodan Milošević. Nice and his law firm Stoke and White also represent the government of Comoros, the Indian Ocean archipelago state where the Mavi Marmara is registered. Instead of doing her job and properly investigating the case, Nice said, Bensouda’s appeal is “a last ditch attempt to do what would be expected of her by the US and supporters of Israel.”
  • A professor of law at London’s Gresham College who has previously represented victims before the ICC, Nice said he doubted that Bensouda even had a right to go to the appeal judges at this stage. He said his first legal response would be to ask them to throw her appeal out on procedural grounds. Serious errors Earlier this month, a panel of ICC judges found in a scathing 2-1 ruling that Bensouda had made serious errors of fact and law in her decision not to pursue the case. They said that the chief prosecutor had underestimated the seriousness and international significance of the crimes and ordered her to review her decision not to proceed with an investigation into the attack. In the early hours of 31 May 2010, Israeli commandos boarded and seized the flotilla boats in international waters in the eastern Mediterranean. Israeli forces carried out a particularly violent armed attack on the largest vessel, Mavi Marmara, killing nine persons. A tenth victim died of his injuries in June 2014. The victims were all Turkish citizens. One of them, 18-year-old Furkan Doğan, was also a US citizen.
  • The initial request for the ICC to investigate the killings was submitted in 2013 by Comoros. Bensouda decided not to proceed with a full investigation in November 2014. Ignoring evidence In a notice of appeal filed Monday, Chief Prosecutor Bensouda says that the judges overstepped their mandate and trampled on her prosecutorial discretion by ordering her to review the case. She also claims that the ruling gives her no clear explanation of how to review her decision. But Nice said that her claims are “absolute rubbish” and the judges’ ruling is very clear about what matters and evidence should be looked at again. The judges’ 16 July ruling lists a long litany of errors by the prosecutor.
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  • These include that Bensouda “wilfully ignored” evidence submitted by Comoros that Israeli forces “fired live ammunition from the boats and the helicopters before the [Israeli forces] forces boarded the Mavi Marmara.” This information was supplemented by the UN Human Rights Council fact-finding mission and autopsy reports, which, according to the evidence submitted by Comoros, “indicate that persons were shot from above.” Intent to kill “For the purpose of her decision” whether or not to investigate, the judges conclude, “the prosecutor should have accepted that live fire may have been used prior to the boarding of the Mavi Marmara, and drawn the appropriate inferences.” “This fact is extremely serious and particularly relevant to the matter under consideration,” the ruling continues, “as it may reasonably suggest that there was, on the part of the [Israeli] forces who carried out the identified crimes, a prior intention to attack and possibly kill passengers on board the Mavi Marmara.” The judges also fault Bensouda for failing to properly consider the impact of the crimes beyond the immediate victims.
  • srael’s violent actions against the Mavi Marmara would, the judges write, “have sent a clear and strong message to the people in Gaza (and beyond) that the blockade of Gaza was in full force and that even the delivery of humanitarian aid would be controlled and supervised by the Israeli authorities.” Rule of law Nice says the stakes are high – not just for this case but for other Palestine-related matters that might come before the ICC. In January, the court began a preliminary probe, at the request of the Palestinian Authority, that will include Israel’s attack on Gaza last summer that killed more than 2,200 Palestinians. Will such cases be handled according to the “rule of law,” Nice asks, or will victims witness “officials of the highest rank seeming yet again to bend the knee to the interests of Israel and the US?”
Paul Merrell

Hamas Rejects Fateh's Demand for Gaza Rule | nsnbc international - 0 views

  • Hamas officials on Wednesday rejected demands by Fateh leadership to hand over rule of the Gaza Strip and called for an “uprising” against Palestinian Authority security forces.
  • Fateh leader Azzam al-Ahmad had said on Sunday that Hamas “foiled” efforts towards a unity government, and that the group must hand over rule of the Gaza Strip as a condition for forming the new government. Hamas spokesman Sami Abu Zuhri said that the Fateh leader’s comments created tension and were “untrue,” blaming the failure to form a unity government on Fateh’s “factionalism.” He added that Fateh’s calls to reform the unity government were a media maneuver, reiterating his movement’s willingness to form the government based on national consensus. The unity government formed in June 2014 repeatedly failed to overcome divisive issues between Hamas and Fateh, and the PLO appointed a committee last month to lead negotiations for reforming the government. The consultations have yielded little consensus thus far and received criticism by non-Fateh factions, who convened earlier this month to condemn recent PA arrests as hindering the negotiation process.
  • More than 20 years on, however, Hamas and other factions continue to accuse the PA of acting on Israel’s behalf through security cooperation. On July 7, Hamas accused the PA of having detained more than 200 of its members in the West Bank, in a sweep that MP Khalil al-Haya charged was aimed solely at “assisting the occupier” against anti-Israeli militants. Hamas leader Abd al-Rahman Shadid said at the time that many of those detained were left with signs of torture, and that the arrest campaign was part of an organized project aiming to “eradicate the movement.”
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  • This sentiment continued Wednesday when deputies of the Hamas movement renewed calls for a “revolt” against the PA over its sweeping arrests of alleged anti-Israeli militants. The deputies, in an act of defiance, held a meeting in the parliament building in Gaza City that has not convened officially since 2007 when Hamas expelled PA security forces after a week of deadly clashes. They called for “an uprising and a revolt against the political arrests” carried out by the PA in the West Bank and for Palestinian factions to adopt “a firm stand against the Authority’s crimes against the resistance and its members.” The deputies condemned the PA’s security cooperation with Israel under the 1993 Oslo accords as amounting to “high treason” that served “Zionist security” interests. Coordination in security operations as laid out in the Oslo Accords planned for a gradual power transfer in the occupied West Bank from Israeli forces to the PA over the course of five years.
  • Related article: Hamas Military Wing Offers Thousands Combat Training
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    In the only Palestine Occupied Territory-wide election Hamas beat Fateh hands down. But Hamas was classed as a terrorist organization by Israel and the U.S. So Fateh formed the Palestine Authority government, and ruled the West Bank, while Hamas ejected Fateh from Gaza and ruled there since. The PA as a party to the Oslo Accords became the puppet of Israel and the U.S., providing security services to Israel in the West Bank. There have been sporadic efforts to establish a Unity Government but no joy yet. A unity government formed in early 2014 was abruptly ended by Israel's invasion of Gaza. 
Gary Edwards

Steve Forbes: Obama's Economic Policy Repeats George W. Bush's Mistakes - WSJ.com - 0 views

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    Forbes argues that we should immediately reverse three Bush mistakes: suspend mark-to-market accounting rules, restore the uptick rule, and enforce the prohibition against naked short selling. He argues that these three changes in regulatory rules, enacted by Bush in 2007, are the primary reason for the financial meltdown. Particularly interesting is the argument that if these three rules had been in effect during the 1991-92 recession, there would have been a massive wave of bank failures rivaling that of the Great Depression.
Gary Edwards

19 Reasons Why The Federal Reserve Is At The Heart Of Our Economic Problems - 0 views

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    Nice summary with a chilling conclusion. I can't believe i've been so wrong about the financial collapse and the End of the American Dream. In 2008 i set out to discover why the September financial collapse occurred. This was the beginning of my Diigo "Socialism and the End of the American Dream" list. Since then however, i've come to see that it isn't ideology that's behind the financial collapse and the assault on the American Constitution, Rule of Law, and the principles of individual liberty and freedom described in our Declaration of Independence. No, IT'S ALL ABOUT THE MONEY! Mark Levin argues eloquently and with great passion and insight that "Statism" is the problem. He argues that socialism, progressivism, communism and fascism are just forms of centralized government, authority, and control. For Mark, it's all about power. And that's Tyranny of the highest order. Today though, i see things differently. It's all about the money. And with that money comes the power to dictate, control and seize property at will. The Banksters are behind it all, and debt is their doomsday nuclear weapon of choice. Baron Von Rothschild once famously said that WAR is the most expensive endeavor governments can engage in. War means borrowing from banksters. It means debt. The problem for the Banksters has long been the lesson of Charlemagne and Napoleon: There is no way for the Banksters to collect their debt (and interest) from the victor. The only way to force Napoleon to pay was to create an opposing army (thanks to the ruling elites of England and the Duke of Wellington - who were not threatened by Napoleon. And since then, the Bansters have been beholden to the Brittish ruling elites). Balance of Power and the magic of Francois Metternich's Treaty of Vienna worked for almost 100 years after the defeat of Napoleon. The ruling nobility of Europe came apart with WWI, but the Banksters played both ends against the middle, and came out on top.
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    i hate it when Diigo clips my comments!#!$$ . No warning. The above was clipped short so here's the bottom line: It's not the ideology. It's the money and the power.
Gary Edwards

The Business Offensive: A Symmetrical Ruling Class - 0 views

  • Since the close of World War II, America has sought an integrated policy as the militarization of capitalism
  • In the intervening years, this was not always easy to achieve, as, depending on circumstances, one or the other, the corporate-financial order, and the military itself, asserted itself and made strong demands on government.
  • the Cold War itself providing a cover for the US globalization of power via market penetration, international financial and monetary architecture under US supervision, and the steady build-up of an Armaments State.
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  • Yet, the dynamism of early modern capitalism, realized in part through grinding methods of labor suppression, notably, the privatization of force, helped on by a compliant government, meant that within capitalism itself there was tremendous jockeying for power requiring the imposition of Order if major railroads and industrial firms were to enjoy their secure monopoly status.
  • Here government was crucial to harmonious internal structural arrangements, anticompetitive in its policies for the promotion of monopolism sector-by-sector including banking (the House of Morgan, whose offshoots firmed up the organization of railroads and manufacturing) as the means to systemic consolidation—an end to internecine competition—which was achieved in the early 20th century under Theodore Roosevelt and Woodrow Wilson (themselves the Janus-faced construct of the Battleship Navy and supposed liberal internationalism) setting the stage for the present era.
  • In practice, we see the interpenetration of business and government as the integration of monopoly capitalism in its own right.
  • By the late 1940s one can say that the military remained a junior partner of a synthesized ruling group or class, given the overwhelming thrust of business and its ascendant banking wing in defining American capitalism.
  • American capitalism could no longer go it alone, the military increasingly supplying the muscle for continued expansion and profitability. Korea and Vietnam were important chapters in the reshaping of a capitalist polity, with numerous interventions beyond mention the underpinning for a coalescent framework of elites, all making for a structural process of shaking down to the bare essentials the capitalist and military components in search of equilibrium. For otherwise, America feared its decline and would do anything to prevent.
  • Granted, it is hard to conceive of capitalism as a perpetual war machine, especially in America, which labors under the fiction of being, or if it ever was, then remaining, a democracy.
  • But there it is, an arms budget dwarfing all else, military bases strategically gathered worldwide, death squads euphemistically termed Special Ops, presidential-directed drone assassinations, the list goes on—so much so that one almost forgets capitalism is centrally about business and profits, not murder and mayhem.
  • the Great Capitalist Synthesis
  • an accomplice to the more successful militarization of capitalism by holding its own as an integral part in the relationship. In sum, the desideratum of business as usual, as in fleecing the consumer and jeopardizing his/her safety, destroying the environment, and best of all, removing itself from the constitutional foundations of the rule of law.
  • Corporations and banks have become a law unto themselves, with all the organs of government stretching from the Executive, Congress, the Supreme Court, to myriad regulatory agencies some unbeknownst to the public, sitting as a chorus of admiring voices egging them on.
  • Corporate Rescindment of Legal Rights: Business Power Run Amuck,
  • Class-action law suits, frequently the only feasible action of the poor for seeking redress of grievances against the giant corporations, are all but prohibited, replaced in contracts by compulsory-arbitration clauses, intended in the first place to kill class actions, which compel the individual standing alone to face insurmountable odds in a process by which the corporation names the arbitrator, keeps the proceedings secret, and determines the rules of procedure.
  • Civil courts are thrown to the winds.
  • It is as though capitalism, in this one seemingly minor area touching primarily the normalization of everyday relationships, has gone on the offensive, not of course to re-establish its relation to the military, but specifically and directly to exercise its domination over the people.
  • The now-and-future business polity is the fulfillment of the fascist dream, an authoritarian power structure of corporate consolidation supported through governmental suppression of dissent at home and an aggressively waged foreign policy to capture world markets.
  • The small print of the contracts one signs, whether for car rentals or nursing homes, and thousands of transactions in between, emboldens capitalism to go its solipsistic way, to the destruction of freedom, the planet, and human dignity.
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    "Since the close of World War II, America has sought an integrated policy as the militarization of capitalism. In the intervening years, this was not always easy to achieve, as, depending on circumstances, one or the other, the corporate-financial order, and the military itself, asserted itself and made strong demands on government. The result was never an intracompetitive mold because each needed and recognized the value of the other, but still there were periods of imbalance in their respective surges of governmental policy-emphasis. American capitalism had become a functional duopoly (C. Wright Mills' Power Elite was a good popular discussion of this general structure at an earlier point in our capitalist-development trajectory after the war), the Cold War itself providing a cover for the US globalization of power via market penetration, international financial and monetary architecture under US supervision, and the steady build-up of an Armaments State. There is nothing actually new here about the American historical pattern, except of course the more explicit and pronounced role to be assigned the military in the stabilization and expansion of American capitalism. The military was never at any point following the Civil War a negligible input in synthesizing the materials for an operational ruling class, but essentially, as in the late-19th century policy of the Open Door, business was sufficiently confident of its own power (the "imperialism of free trade") to carry forward the process of expansion largely on its own. Yet, the dynamism of early modern capitalism, realized in part through grinding methods of labor suppression, notably, the privatization of force, helped on by a compliant government, meant that within capitalism itself there was tremendous jockeying for power requiring the imposition of Order if major railroads and industrial firms were to enjoy their secure monopoly status."
Gary Edwards

SD Times: Software Development News - Top Stories - 1 views

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    "Here is another example of how this administration and Congress randomly decide which laws they like and which ones they don't. For those of us paying attention we remember that Sen. Chuck Grassley, (R-Iowa) added a clause into the original text of the Affordable Care Act that said members of Congress and their aides MUST be covered by plans created by the law or offered through an exchange. Before Obamacare, Congress and their staff were covered by a health care plan that was considered "golden".  This was being paid for by the taxpayers.  Under Obamacare and Grassley's provision, Congress and staff would be subject to the exact same treatment as the rest of us. In other words, if government payments stopped, lawmakers and their aides would have been looking at thousands of dollars in additional premium payments.  (Just like the rest of us.)  Before Obamacare, the government contributed almost 75% to their premium payments. When they finally got around to "finding out what was in the bill", Capitol Hill started wringing their hands and hyperventilating.  With Grassley's provision in there, that would mean that, gasp, they would have to live by the same rules as the rest of and they just could not let that happen. All sorts of complaints were being made. For instance, "staffers don't make enough money to pay those premiums"; or "they will look for more lucrative jobs" in order to afford them.  Really?  How about the rest of the American people out there?  Do you think that they can afford higher premiums on the part-time work that they now will be forced into because of employer cut-backs?  The best line came from Nancy Pelosi who said that if Congress lost these Capitol Hill workers, a "tremendous intellectual resource" would be lost.  You just have to shake your head in disbelief. Congress is not the only one in the Ruling Class crying foul.  Just last week, IRS Chief, Daniel Werfel stated in no uncertain terms that he w
Paul Merrell

Irish court peels off gloves, hands Facebook PROBE request to ECJ * The Register - 0 views

  • The High Court in Ireland has referred a review of a complaint against Facebook to Europe's top court. The complaint alleges the social network shared EU users' data with the US National Security Agency.The European Court of Justice is to assess whether EU law needs to be updated in light of the PRISM revelations, which could have a knock-on effect on tech firms from Facebook to Google. <a href="http://pubads.g.doubleclick.net/gampad/jump?iu=/6978/reg_policy/government&sz=300x250%7C300x600&tile=3&c=33U6KvJawQrMoAAAUTy6EAAAJ5&t=ct%3Dns%26unitnum%3D3%26unitname%3Dwww_top_mpu%26pos%3Dtop%26test%3D0" target="_blank"> <img src="http://pubads.g.doubleclick.net/gampad/ad?iu=/6978/reg_policy/government&sz=300x250%7C300x600&tile=3&c=33U6KvJawQrMoAAAUTy6EAAAJ5&t=ct%3Dns%26unitnum%3D3%26unitname%3Dwww_top_mpu%26pos%3Dtop%26test%3D0" alt=""></a> Austrian law student Maximillian Schrems took Facebook to court in Ireland, where the social network’s European HQ is located, over the revelations from NSA whistleblower Edward Snowden that personal data held by tech firms like Facebook was routinely being slurped by US spooks.
  • Schrems first asked the Irish Data Commissioner to investigate the legality of Facebook Ireland sending his info over to the States, where it could be seen by the security services, but when the commissioner refused to investigate, he sought a judicial review at the High Court.The Commissioner had ruled that Schrems didn’t have a case because he couldn’t prove that anyone had slurped his data in particular and anyway, the EU has an agreement with the US under the “Safe Harbour” principle decided way back in 2000. This principle governs data flow from Europe to United States and allows US firms to self-certify themselves as respectful of European data protection rules.High Court Justice Gerard Hogan said Schrems did not need to prove that his own data had been spied upon to make a complaint.“Quite obviously, Mr Schrems cannot say whether his own personal data has ever been accessed or whether it would ever be accessed by the US authorities,” he wrote in his ruling.
  • “But even if this were considered to be unlikely, he is nonetheless certainly entitled to object to a state of affairs where his data are transferred to a jurisdiction which, to all intents and purposes, appears to provide only a limited protection against any interference with that private data by the US security authorities.”However, he said that only the European Court of Justice could decide that individual member states were allowed to look past the Safe Harbour principle or reinterpret its meaning. Hogan said that Schrems, who had filed on behalf of the Europe-v-Facebook group, really had a problem with this principle and acknowledged that there may be an argument for the idea that the rule was outdated.“The Safe Harbour Regime… may reflect a somewhat more innocent age in terms of data protection,” he said. “This Regime came into force prior to the advent of social media and, of course, before the massive terrorist attacks on American soil which took place on September 11th, 2001.”
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  • Hogan also admitted that the PRISM programme of surveillance was wrong by the letter of Irish law, which protects people’s data and the inviolability of their homes.“It is very difficult to see how the mass and undifferentiated accessing by state authorities of personal data generated perhaps especially with the home… could survive constitutional scrutiny,” he said.“The potential for abuse in such cases would be enormous and might even give rise to the possibility that no facet of private or domestic life with the home would be immune from potential state scrutiny.“Such a state of affairs – with its gloomy echoes of the mass state surveillance programmes conducted in totalitarian states such as the German Democratic Republic of Ulbricht and Honecker – would be totally at odds with the basic premises and fundamental values of the Constitution.”
  • However, he said that Irish law is pre-empted by EU law in this case and the Court of Justice needed to assess whether the interpretation of the Safe Harbour Regime needed to be re-evaluated.Any verdict from the European court will likely apply to all US companies that have participated in PRISM and operate in the region, Schrems said of the ruling.“We did not prepare for a direct reference to the ECJ, but this is the best outcome we could have wished for,” he said. “We will study the judgment in detail and will take the next steps as soon as possible.” ®
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    If you're in the market to purchase a few cloud server farms located in the U.S., you may want to hold off until the EU Court of Justice rules. Prices could be tumbling shortly afterward.  In related news, Reps. Zoe Lofgren and Thomas Massie have introduced a bipartisan amendment to the annual Department of Defense Appropriations bill (H.R. 4870) that would prohibit use of the bill's funds to: 1) Conduct warrantless searches of Americans' communications collected and stored by the NSA under Section 702 of the FISA Amendments Act. 2) Mandate or request that backdoors for surveillance be built into products or services, except those covered under the Communications Assistance for Law Enforcement Act.
Paul Merrell

Resurrecting the Dubious State Secrets Privilege | John Dean | Verdict | Legal Analysis... - 0 views

  • In an unusual move, the U.S. Department of Justice has filed a motion to make a private lawsuit simply disappear. While the U.S. Government is not a party to this defamation lawsuit—Victor Restis et al. v. American Coalition Against Nuclear Iran, Inc.—filed July 19, 2013, in the U.S. District Court for the Southern District of New York, Attorney General Eric Holder is concerned that the discovery being undertaken might jeopardize our national security.
  • The government’s argument for intervening in this lawsuit is technical and thin.
  • The strongest precedent in the government’s brief in the current case is the 1985 case of Fitzgerald v. Penthouse Intern., Ltd. Fitzgerald had sued Penthouse Magazine for an allegedly libelous article, but the U.S. Navy moved to intervene on the ground that the government had a national security interest which would not be adequately protected by the parties, so the government requested the action be dismissed, after invoking the state secrets privilege. The federal district court granted the motions and dismissed the case, which the U.S. Court of Appeals for Fourth Circuit affirmed. So there is precedent for this unusual action by the government in a private lawsuit, but the legitimacy of the state secrets privilege remains subject to question.
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  • In February 2000, Judith Loether, a daughter of one of the three civilians killed in the 1948 B-29 explosion, discovered the government’s once-secret accident report for the incident on the Internet. Loether had been seven weeks old when her father died but been told by her mother what was known of her father’s death and the unsuccessful efforts to find out what had truly happened. When Loether read the accident report she was stunned. There were no national security secrets whatsoever, rather there was glaringly clear evidence of the government’s negligence resulting in her father’s death. Loether shared this information with the families of the other civilian engineers who had been killed in the incident and they joined together in a legal action to overturn Reynolds, raising the fact that the executive branch of the government had misled the Supreme Court, not to mention the parties to the earlier lawsuit.
  • Lou Fisher looked closely at the state secrets privilege in his book In The Name of National Security, as well as in follow-up articles when the Reynolds case was litigated after it was discovered, decades after the fact, that the government had literally defrauded the Supreme Court in Reynolds, e.g., “The State Secrets Privilege: Relying on Reynolds.” The Reynolds ruling emerged from litigation initiated by the widows of three civilian engineers who died in a midair explosion of a B-29 bomber on October 6, 1948. The government refused to provide the widows with the government’s accident report. On March 9, 1953, the Supreme Court created the state secrets privilege when agreeing the accident report did not have to be produced since the government claimed it contained national security secrets. In fact, none of the federal judges in the lower courts, nor the justices on the Supreme Court, were allowed to read the report.
  • Lowell states in his letter: “By relying solely upon ex parte submissions to justify its invocation of the state secrets privilege, especially in the unprecedented circumstance of private party litigation without an obvious government interest, the Government has improperly invoked the state secrets privilege, deprived Plaintiffs of the opportunity to test the Government’s claims through the adversarial process, and limited the Court’s opportunity to make an informed judgment. “ Lowell further claims that in “the typical state secrets case, the Government will simultaneously file both a sealed declaration and a detailed public declaration.” (Emphasis in Lowell’s letter.) To bolster this contention, he provided the court with an example, and offered to provide additional examples if so requested.
  • The Justice Department’s memorandum of law accompanying its motion to intervene states that once the state secrets privilege has been asserted “by the head of the department with control over the matter in question . . . the scope of judicial review is quite narrow.” Quoting from the U.S. Supreme Court ruling establishing this privilege in 1953, U.S. v. Reynolds, the brief adds: “the sole determination for the court is whether, ‘from all the circumstances of the case . . . there is a reasonable danger that compulsion of the evidence will expose military [or other] matters which, in the interest of national security, should not be divulged.’”In short, all the Justice Department need claim is the magic phrase—”state secrets”—after assuring the court that the head of department or agency involved has personally decided it is information that cannot be released. That ends the matter. This is what has made this privilege so controversial, not to mention dubious. Indeed, invocation by the executive branch effectively removes the question from judicial determination, and the information underlying the decision is not even provided to the court.
  • As Fisher and other scholars note, there is much more room under the Reynolds ruling for the court to take a hard look at the evidence when the government claims state secrets than has been common practice. Fisher reminds: “The state secrets privilege is qualified, not absolute. Otherwise there is no adversary process in court, no exercise of judicial independence over what evidence is needed, and no fairness accorded to private litigants who challenge the government . . . . There is no justification in law or history for a court to acquiesce to the accuracy of affidavits, statements, and declarations submitted by the executive branch.” Indeed, he noted to do so is contrary to our constitutional system of checks and balances.
  • Time to Reexamine Blind Adherence to the State Secrets PrivilegeIn responding to the government’s move to intervene, invoke state secrets, and dismiss the Restis lawsuit, plaintiffs’ attorney Abbe Lowell sent a letter to Judge Edgardo Ramos, the presiding judge on the case on September 17, 2014, contesting the Department of Justice’s ex parte filings, and requesting that Judge Ramos “order the Government to file a public declaration in support of its filing that will enable Plaintiffs to meaningfully respond.” Lowell also suggested as an alternative that he “presently holds more than sufficient security clearances to be given access to the ex parte submission,” and the court could do here as in other national security cases, and issue a protective order that the information not be shared with anyone. While Lowell does not so state, he is in effect taking on the existing state secrets privilege procedure where only the government knows what is being withheld and why, and he is taking on Reynolds.
  • To make a long story short, the Supreme Court was more interested in the finality of their decisions than the fraud that had been perpetrated upon them. They rejected the direct appeal, and efforts to relegate the case through the lower courts failed. As Fisher notes, the Court ruled in Reynolds based on “vapors and allusions,” rather than facts and evidence, and today it is clear that when it uncritically accepted the government’s word, the Court abdicated its duty to protect the ability of each party to present its case fairly, not to mention it left the matter under the control of a “self-interested executive” branch.
  • Lowell explains it is not clear—and suggests the government is similarly unclear in having earlier suggested a “law enforcement privilege”—as to why the state secrets privilege is being invoked, and argues this case can be tried without exposing government secrets. Citing the Fitzgerald ruling, Lowell points out dismissal is appropriate “[o]nly when no amount of effort and care on the part of the court and the parties will safeguard privileged material is dismissal warranted.”
  • No telling how Judge Ramos will rule, and the government has a remarkable record of prevailing with the deeply flawed state secrets privilege. But Lowell’s letter appears to say, between the lines, that he has a client who is prepared to test this dubious privilege and the government’s use of it in this case if Judge Ramos dismisses this lawsuit. The U.S. Court of Appeals for the Second Circuit, where that ruling would be reviewed, sees itself every bit the intellectual equal of the U.S. Supreme Court and it is uniquely qualified to give this dubious privilege and the Reynolds holding a reexamination. It is long past time this be done.
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    Interesting take on the Restis case by former Nixon White House Counsel John Dean. Where the State Secrets Privilege is at its very nastiest, in my opinion, is in criminal prosecutions where the government withholds potentially exculpatory evidence on grounds of state secrecy. I think the courts have been far too lenient in allowing people to be tried without production of such evidence. The work-around in the Guantanamo Bay inmate cases has been to appoint counsel who have security clearances, but in those cases the lawyer is forbidden from discussing the classified information with the client, who could have valuable input if advised what the evidence is. It's also incredibly unfair in the extraordinary rendition cases, where the courts have let the government get away with having the cases dismissed on state secrecy grounds, even though the tortures have been the victim of criminal official misconduct.  It forces the victims to appeal clear to the Supreme Court before they can start over in an international court with jurisdiction over human rights violations, where the government loses because of its refusal to produce the evidence.  (Under the relevant treaties that the U.S. is a party to, the U.S. is required to provide a judicial remedy without resort to claims of national security secrecy.) Then the U.S. refuses to pay the judgments of the International courts, placing the U.S. in double breach of its treaty obligations. We see the same kinds of outrageous secrecy playing out in the Senate Intellience Committee's report on CIA torture, where the Obama Administration is using state secrecy claims to delay release of the report summary and minimize what is in it. It's highly unlikely that I will live long enough to read the full report. And that just is not democracy in action. Down with the Dark State!   
Paul Merrell

Polish Outrage to Paying Victims of CIA Black Sites-and What the Eur Court Said | Just ... - 0 views

  • Poland will be paying a quarter of a million dollars to two Guantánamo detainees, Abu Zubaydah and Abd al-Rahim al-Nashiri. The payment arises in the context of the torture of the terror suspects at a CIA “black site” operating on Polish territory. Last July, the European Court of Human Rights handed down its much-awaited judgments in the cases of Abd al-Rahim al-Nashiri v. Poland and Husayn (Abu Zubaydah) v. Poland in relation to Poland’s involvement in the CIA rendition, detention and interrogation program. The Court ruled that Poland violated the substantive and procedural aspects of the detainees’ right to be free from torture or inhuman or degrading treatment or punishment (Article 3, European Convention on Human Rights). The Court also found violations of, among other rights, Articles 5 (liberty and security), 8 (private and family life), and 13 (effective remedy) of the ECHR. The Court ordered the Polish government to pay €130,000 to Zubaydah and €100,000 to al-Nashiri, within three months from when the judgments become final. Poland appealed the ruling, but the request was rejected by a Grand Chamber panel on February 16, making last weekend the deadline for the payments. The Polish Foreign Ministry said on Friday that it was processing the payments, AP’s Vanessa Gera reported.
  • Poland will be paying a quarter of a million dollars to two Guantánamo detainees, Abu Zubaydah and Abd al-Rahim al-Nashiri. The payment arises in the context of the torture of the terror suspects at a CIA “black site” operating on Polish territory. Last July, the European Court of Human Rights handed down its much-awaited judgments in the cases of Abd al-Rahim al-Nashiri v. Poland and Husayn (Abu Zubaydah) v. Poland in relation to Poland’s involvement in the CIA rendition, detention and interrogation program. The Court ruled that Poland violated the substantive and procedural aspects of the detainees’ right to be free from torture or inhuman or degrading treatment or punishment (Article 3, European Convention on Human Rights). The Court also found violations of, among other rights, Articles 5 (liberty and security), 8 (private and family life), and 13 (effective remedy) of the ECHR. The Court ordered the Polish government to pay €130,000 to Zubaydah and €100,000 to al-Nashiri, within three months from when the judgments become final. Poland appealed the ruling, but the request was rejected by a Grand Chamber panel on February 16, making last weekend the deadline for the payments. The Polish Foreign Ministry said on Friday that it was processing the payments, AP’s Vanessa Gera reported.
  • But the Court took a different, more robust view and found significant responsibility on part of the Polish government. The Court held (my emphasis added): “517. … Notwithstanding the [Article 3] Convention obligation, Poland, for all practical purposes, facilitated the whole process, created the conditions for it to happen and made no attempt to prevent it from occurring. As the Court has already held above, on the basis of their own knowledge of the CIA activities deriving from Poland’s complicity in the [High-Value Detainees Program] Programme and from publicly accessible information on treatment applied in the context of the “war on terror” to terrorist suspects in US custody the authorities – even if they did not witness or participate in the specific acts of ill-treatment and abuse endured by the applicant – must have been aware of the serious risk of treatment contrary to Article 3 occurring on Polish territory.”
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  • The ruling, which predated the publication of the redacted version of the Senate Intelligence Committee report on the CIA program, brought important judicial scrutiny to the agency’s post-9/11 practices, including the controversial role played by U.S. allies. The Senate report has since provided some further details about Poland’s involvement, although the country is not identified by name. The AP report notes the frustration of those in Poland who view the ruling as unjustifiably punishing the country for CIA actions. An opposition Polish lawmaker has recorded his discontent, stating that the terror suspects remained in the sole custody of U.S. officials throughout their detention. Former Foreign Minister Radoslaw Sikorski has similarly been quoted by the LA Times’ Carol Williams as saying:  “We might have to pay compensation even though our personnel did nothing wrong. You can imagine how Polish people feel about it … We just wish that intelligence matters were kept confidential.”
  • While some in Poland are expressing their exasperation with the Court’s ruling, the issue of compensation has sparked equal outrage among some in the United States who do not believe that suspects of terrorist attacks should receive payments, as noted by the AP. The controversy over compensation comes just as the U.S. faces renewed calls from some European and other countries to compensate victims of CIA torture. At the UN Human Rights Council last week, the Universal Periodic Review report on the United States documented other UN member states’ objections to U.S. practices.
  • Meanwhile, in Europe, more judgments are pending on this subject, including two involving the same detainees (see: Abu Zubaydah v. Lithuania and Al Nashiri v. Romania). While accountability within the U.S. still seems like a pipe dream, the European Court of Human Right’s more robust approach perhaps offers the only means of securing reparation for human rights abuses committed as part of the “war on terror.” The Court’s approach may also help to educate European citizens on the nature of complicity in grave human rights abuses. By calling for compensation, the Court has also served to weaken the forms of international cooperation that foster such violations in the first place.
Gary Edwards

Congressional Power - 1 views

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    Legal Brief on Congressional Power, Court Rulings, & the Constitution: The expressed powers of Congress are listed in the Constitution. Congress also has implied powers, which are based on the Constitution's right to make any laws that are "necessary and proper" to carry out those expressed powers. Congress has exercised its implied powers thousands of times over the years. Here are but a few major illustrations of that fact. 1780 1789 The Constitution gives expressed powers to Congress in Article 1, Section 8. 1800 1810 1819 In McCulloch v. Maryland, the Supreme Court holds that the powers to tax, borrow, and regulate commerce give Congress the implied power to establish a national bank. 1820 1824 Gibbons v. Ogden is the first commerce clause case to reach the Supreme Court. The broad definition of commerce the Court lays out in its ruling extends federal authority. 1830 1840 1850 1860 1862 The U.S. government issues its first legal tender notes, which are popularly called greenbacks. 1870 1870 In Hepburn v. Griswold the Supreme Court rules that the Constitution does not authorize the printing of paper money. 1870 The Court reverses its position on the printing of paper money and holds that issuing paper money is a proper use of the currency power in the Legal Tender cases. The decision in Juliard v. Greenman (1884) reaffirms this holding. 1880 1890 1890 The Sherman Antitrust Act, based on the commerce power, regulates monopolies and other practices that limit competition. 1900 1910 1920 1930 1935 The Wagner Act, based on the commerce power, recognizes labor's right to bargain collectively. 1935 The Social Security Act is passed. 1937 The Supreme Court upholds the Social Security Act of 1935 as a proper exercise of the powers to tax and provide for the general welfare in Steward Machine Co. v. Davis and Helvering v. Davis. 1940 1950 1956 The Interstate and National Highway Act, based on the commerce and war powers, provides for a national interstate highway system.
Gary Edwards

Jobs Depend on Obamacare Defeat | Cato Institute - 0 views

  • The Affordable Care Act authorizes the disputed “employer mandate” penalties and the health insurance subsidies that trigger them, only through insurance exchanges that are “established by the State.” Due to public opposition to Obamacare, at least 34 states, including Virginia, Utah and Indiana, failed to establish exchanges. Those states are being served — if that’s the word — by HealthCare.Gov, an exchange established by the federal government, which is clearly not a “State.” Ignoring the clear and unambiguous language of the statute, the IRS somehow decided to deploy the disputed taxes and spending in HealthCare.Gov states. Two lower courts found that Obamacare itself “unambiguously forecloses” the IRS’ “invalid” misinterpretation of the law. The plaintiffs in King v. Burwell represent Kevin Pace and tens of millions of other Americans who are injured by this breathtaking power grab.
  • If the King plaintiffs prevail before the Supreme Court, it will mean more jobs, more hours and higher incomes for millions of Americans — particularly part-time and minimum-wage workers. Employers will have more flexibility to structure their health benefits. States will be able to attract new businesses by shielding employers from Obamacare’s employer mandate. Critics complain such a ruling would eliminate subsidies in HealthCare.gov states, making the cost of Obamacare coverage transparent to enrollees. But those enrollees will be able to switch to lower-cost “catastrophic” plans — if the Obama administration allows it. To date, the administration has adamantly refused to say whether it would take even this small step to help affected HealthCare.gov enrollees.
  • More important, transparency is a good thing. If enrollees don’t want to pay the full cost of Obamacare coverage, that tells us something very important about Obamacare. It means nobody likes the way Obamacare actually works. Forcing the IRS to implement the law as written will thus create an opportunity for real health care reforms that actually reduce the cost of care. Reining in the IRS would affirm the rule of law, and lead to real health care reform. We should all hope for such an outcome.
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    "By Michael F. Cannon This article appeared on USA Today on March 4, 2015. As if Obamacare weren't problematic enough, two federal courts have found that the IRS unlawfully expanded the health care law's individual and employer mandates, by imposing them on tens of millions of Americans whom Congress exempted. On Wednesday, the Supreme Court will hear King v. Burwell, a case challenging that illegal and ongoing attempt to expand Obamacare outside the legislative process. The victims of this illegal Obamacare expansion include Kevin Pace, a jazz musician and adjunct professor of music in Northern Virginia. Anticipating the Obamacare mandate that employers cover all workers who put in at least 30 hours a week, Pace's employer was forced to cut hours for part-time professors like him in order to avoid massive penalties. In 2013, The Washington Post reported that Pace was left with "an $8,000 pay cut." "Thousands of other workers in Virginia" also had their hours cut. Even though the Obama administration has delayed the employer mandate, many employers have left the cuts in place for when the rules are enforced. " King v. Burwell is about more than IRS rules; it could kill the employer mandate, too." This unlawful expansion of Obamacare's employer mandate is causing workers across the country to lose more income with every passing day. It forced Utah's Granite School District to cut hours for 1,200 part-timers. According to the state of Indiana, which filed a similar legal challenge, this IRS power grab pushed "many Indiana public school corporations (to) reduc(e) the working hours of instructional aides, substitute teachers, non-certified employees, cafeteria staff, bus drivers, coaches and leaders of extracurricular activities." Employers and consumers are also suffering. Pace's employer, for example, has less flexibility to structure its health benefits and less ability to offer attractive educational options to its stude
Paul Merrell

DC Appeals Court Rejects CIA's Secrecy Claims in ACLU's Targeted Killing FOIA Lawsuit |... - 0 views

  • A federal appeals court ruled today that the Central Intelligence Agency cannot deny its "intelligence interest" in the targeted killing program and refuse to respond to Freedom of Information Act requests about the program while officials continue to make public statements about it. "This is an important victory. It requires the government to retire the absurd claim that the CIA's interest in the targeted killing program is a secret, and it will make it more difficult for the government to deflect questions about the program's scope and legal basis," said ACLU Deputy Legal Director Jameel Jaffer, who argued the case before a three-judge panel of the D.C. Circuit Appeals Court in September. "It also means that the CIA will have to explain what records it is withholding, and on what grounds it is withholding them."
  • The ACLU's FOIA request, filed in January 2010, seeks to learn when, where, and against whom drone strikes can be authorized, and how and whether the U.S. ensures compliance with international law restricting extrajudicial killings. In September 2011, the district court granted the government's request to dismiss the case, accepting the CIA's argument that it could not release any documents because even acknowledging the existence of the program would harm national security. The ACLU filed its appeal brief in the case exactly one year ago, and today the appeals court reversed the lower court's ruling in a 3-0 vote. "We hope that this ruling will encourage the Obama administration to fundamentally reconsider the secrecy surrounding the targeted killing program," Jaffer said. "The program has already been responsible for the deaths of more than 4,000 people in an unknown number of countries. The public surely has a right to know who the government is killing, and why, and in which countries, and on whose orders. The Obama administration, which has repeatedly acknowledged the importance of government transparency, should give the public the information it needs in order to fully evaluate the wisdom and lawfulness of the government's policies." Today's ruling is at: aclu.org/national-security/drone-foia-appeals-court-ruling
Gary Edwards

Senate Democrats Pushed for IRS Tea Party Snooping Before Criticizing It - Brian Walsh ... - 0 views

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    Democrats caught red handed pushing the IRS to audit, harass and delay efforts to establish Constitutional Patriot and Jewish Homeland non profit groups.   The Democrats political efforts behind the IRS's blatant violation of these American citizens 4th Amendment Right to organize and assemble dates back to the 2009 Supreme Court decision known as "Citizens United". In "Citizens Untied", the court ruled that corporations are people, and thus are entitled to 1st Amendment Rights.  Including full participation and monetary contributions in political campaigns. this ruling was further confirmed when the Supreme Court overturned a century old Montana Law prohibiting corporate spending in that State's elections.   The "Citizens United" ruling so upset Obama and the Socialist Party that he publicly scolded the Supreme Court justices during a State of the Union address.  The Progressives rightfully feared that corporations would ppour "unregulated independent expenditures" into newly formed Tea Party Patriot based non profits.  Unable to overturn Citizens United, the Dems called on the IRS and a host of other government bureaucracies to block, harass and slow down the funding of their political opposition. this article exposes the same Dem clowns who are now crying foul as the same tyrants who kicked off the IRS led effort to slow down the Tea Party Patriot opposition movement.   How the Jewish Homeland groups got into the IRS gun sights is still a mystery, but one thing is known:  With the election of Obama in 2008, the IRS moved from targeting non profit Muslim Groups as possible terrorist funding organizations, to targeting Tea Party Patriot movements.  Maybe that's also when they took on Jewish Homeland groups?  excerpt: "With Washington gripped by a trio of exploding scandals this week - from Benghazi to government spying on news outlets to thug tactics by the Internal Revenue Service - Senate Democrats seem to be hoping that if they just yell lou
Gary Edwards

Oliver Stone : 'US has become an Orwellian state' - RT - 0 views

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    Interview with Oliver Stone and author Peter Kuznick.  They answer questions related to Oliver Stone's "Show Time" television series, "The Untold History of the United States".  Good stuff - essential information for anyone seeking to understand why the US Constitution and the principles of individual liberty as defined in the Declaration of Independence are being disregarded and discarded by the ruling elites.  The final stages of the New World Feudalism, er "Order", are now unfolding.  Right before our eyes.  And we seem helpless bystanders as the Globalist cabal of banksters, corporatists and ruling elites make their final assault on the world's last best hope for individual liberty. "Americans are living in an Orwellian state argue Academy Award-winning director Oliver Stone and historian Peter Kuznick, as they sit down with RT to discuss US foreign policy and the Obama administration's disregard for the rule of law. Both argue that Obama is a wolf in sheep's clothing and that people have forgiven him a lot because of the "nightmare of the Bush presidency that preceded him." "He has taken all the Bush changes he basically put them into the establishment, he has codified them," Stone told RT. "It is an Orwellian state. It might not be oppressive on the surface, but there is no place to hide. Some part of you is going to end up in the database somewhere." According to Kuznick, American citizens live in a fish tank where their government intercepts more than 1.7 billion messages a day. "That is email, telephone calls, other forms of communication." RT's Abby Martin in the program Breaking the Set discusses the Showtime film series and book titled The Untold History of the United States co-authored by Oliver Stone and Peter Kuznick. "Obama was a great hope for change""
Gary Edwards

Tea Party Primary prior to RINO Primary - Tea Party Command Center - 0 views

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    Reply by Gary Edwards to the question:   "Should the TEA Party select their slate of candidates prior to the establishment RiNO primaries?" This question really surprised me.  Of course the Tea Party should enter the establishment RiNO primary with a full slate of previously selected candidates for all levels of elected office. The reasons are obvious.  The establishment RiNOS consistently win by flooding the primary, encouraging multiple conservative and libertarian candidates; all the while knowing exactly who they have hand picked and expect the party to coalesce around. It's divide and conqueror.  The incredible thing is how routinely and with ease the RiNOS can rope-a-dope Rush Limbaugh and the entire cadre of conservative leadership.  And do it year after year. The rope-a-dope maneuver only requires that conservatives and libertarians wait for the establishment primary process to begin before they can begin the drawn out process needed to coalesce and vote as a block. As a block, the Tea Party wins easily.  And, they would actually get candidates ready to stand and fight for the Constitution. Once the game of electoral money ball starts though, it's impossible to select and coalesce based on principles.  Money drives the game.  And that plays right into the hands of the establishment. Think of it this way.  The Tea Party has the "votes" and the "ground game".  The establishment has the "money", and position to make the "rules". The current system of selecting candidates in the establishment primary ALWAYS results in "money" and "rule making" dominating and determining the winners.  The Tea Parties numerical and ground game advantages are quickly diluted, dispersed and split by multiple candidates vying for the same vote.  The RiNO slate wins through the fractional split of their Tea Party opponents, which they encourage and expect, and, the hardball application of their money and rules advantages.  The result is that less than a third of
Paul Merrell

NSA mass collection of phone data is legal, federal judge rules | World news | theguard... - 0 views

  • NSA phone data collection deemed legal: full ruling
  • A legal battle over the scope of US government surveillance took a turn in favour of the National Security Agency on Friday with a court opinion declaring that bulk collection of telephone data does not violate the constitution. The judgement, in a case brought before a district court in New York by the American Civil Liberties Union, directly contradicts the result of a similar challenge in a Washington court last week which ruled the NSA's bulk collection program was likely to prove unconstitutional and was "almost Orwellian" in scale. Friday's ruling makes it more likely that the issue will be settled by the US supreme court, although it may be overtaken by the decision of Barack Obama on whether to accept the recommendations of a White House review panel to ban the NSA from directly collecting such data. But the ruling from Judge William Pauley, a Clinton appointee to the Southern District of New York, will provide important ammunition for those within the intelligence community urging Obama to maintain the programme.
  • Judge Pauley said privacy protections enshrined in the fourth amendment of the US constitution needed to be balanced against a government need to maintain a database of records to prevent future terrorist attacks. “The right to be free from searches is fundamental but not absolute,” he said. “Whether the fourth amendment protects bulk telephony metadata is ultimately a question of reasonableness.”
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  • The ACLU case against the NSA was dismissed primarily on the grounds that bulk collection was authorised under existing laws allowing “relevant” data collection to be authorised by secret US courts. Judge Pauley took a more sympathetic view of this relevance standard than many lawmakers in Congress, although he acknowledged it was “problematic” that many were not aware of how widely the law was being interpreted before disclosures by NSA whistleblower Edward Snowden. “The ACLU argues that the category at issue – all telephony metadata – is too broad and contains too much irrelevant information. That argument has no traction here. Because without all the data points, the government cannot be certain it is connecting the pertinent ones,” said Pauley. “There is no way for the government to know which particle of telephony metadata will lead to useful counterterrorism information ... Armed with all the metadata, NSA can draw connections it might otherwise never be able to find. The collection is broad, but the scope of counterterrorism investigations is unprecedented.” The ACLU said it would appeal the decision, starting in the New York circuit.
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    So now we have one judge for an Orewellian future and one against. 
Gary Edwards

Liberty's backlash -- why we should be grateful to Edward Snowden | Fox News - 1 views

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    Liberty's backlash -- why we should be grateful to Edward Snowden By Judge Andrew P. Napolitano Published August 01, 2013 FoxNews.com Last week, Justin Amash, the two-term libertarian Republican congressman from Michigan, joined with John Conyers, the 25-term liberal Democratic congressman from the same state, to offer an amendment to legislation funding the National Security Agency (NSA). If enacted, the Amash-Conyers amendment would have forced the government's domestic spies when seeking search warrants to capture Americans' phone calls, texts and emails first to identify their targets and produce evidence of their terror-related activities before a judge may issue a warrant. The support they garnered had a surprising result that stunned the Washington establishment. It almost passed. The final vote, in which the Amash-Conyers amendment was defeated by 205 to 217, was delayed for a few hours by the House Republican leadership, which opposed the measure. The Republican leadership team, in conjunction with President Obama and House Minority Leader Nancy Pelosi, needed more time for arm-twisting so as to avoid a humiliating loss. But the House rank-and-file did succeed in sending a message to the big-government types in both parties: Nearly half of the House of Representatives has had enough of government spying and then lying about it, and understands that spying on every American simply cannot withstand minimal legal scrutiny or basic constitutional analysis. The president is deeply into this and no doubt wishes he wasn't. He now says he welcomed the debate in the House on whether his spies can have all they want from us or whether they are subject to constitutional requirements for their warrants. Surely he knows that the Supreme Court has ruled consistently since the time of the Civil War that the government is always subject to the Constitution, wherever it goes and whatever it does. As basic as that sounds, it is not a universally held belief am
Gary Edwards

Coup d'etat -- Paul Craig Roberts - PaulCraigRoberts.org - 1 views

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    Wow! excerpt: "The American people have suffered a coup d'etat, but they are hesitant to acknowledge it. The regime ruling in Washington today lacks constitutional and legal legitimacy. Americans are ruled by usurpers who claim that the executive branch is above the law and that the US Constitution is a mere "scrap of paper." An unconstitutional government is an illegitimate government. The oath of allegiance requires defense of the Constitution "against all enemies, foreign and domestic." As the Founding Fathers made clear, the main enemy of the Constitution is the government itself. Power does not like to be bound and tied down and constantly works to free itself from constraints. The basis of the regime in Washington is nothing but usurped power. The Obama Regime, like the Bush/Cheney Regime, has no legitimacy. Americans are oppressed by an illegitimate government ruling, not by law and the Constitution, but by lies and naked force. Those in government see the US Constitution as a "chain that binds our hands." The South African apartheid regime was more legitimate than the regime in Washington. The apartheid Israeli regime in Palestine is more legitimate. The Taliban are more legitimate. Muammar Gaddafi and Saddam Hussein were more legitimate. The only constitutional protection that the Bush/Obama regime has left standing is the Second Amendment, a meaningless amendment considering the disparity in arms between Washington and what is permitted to the citizenry. No citizen standing with a rifle can protect himself and his family from one of the Department of Homeland Security's 2,700 tanks, or from a drone, or from a heavily armed SWAT force in body armor. Like serfs in the dark ages, American citizens can be picked up on the authority of some unknown person in the executive branch and thrown in a dungeon, subject to torture, without any evidence ever being presented to a court or any information to the person's relatives of his/her wherea
Gary Edwards

Articles of Impeachment Against Obama - 0 views

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    Sarasota, FL ( August 12, 2013) - The National Black Republican Association (NBRA) based in Sarasota, FL, headed by Chairman Frances Rice, filed Articles of Impeachment against President Barack Obama with the following language.   We, black American citizens, in order to free ourselves and our fellow citizens from governmental tyranny, do herewith submit these Articles of Impeachment to Congress for the removal of President Barack H. Obama, aka, Barry Soetoro, from office for his attack on liberty and commission of egregious acts of despotism that constitute high crimes and misdemeanors.   On July 4, 1776, the founders of our nation declared their independence from governmental tyranny and reaffirmed their faith in independence with the ratification of the Bill of Rights in 1791.   Asserting their right to break free from the tyranny of a nation that denied them the civil liberties that are our birthright, the founders declared:   "When a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security."  -  Declaration of Independence, July 4, 1776.   THE IMPEACHMENT POWER   Article II, Section IV of the United States Constitution provides: "The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors."   THE ARTICLES OF IMPEACHMENT   In his conduct of the office of President of the United States, Barack H. Obama, aka Barry Soetoro, personally and through his subordinates and agents, in violation or disregard of the constitutional rights of citizens and in violation of his constitutional duty to take care that the laws be faithfully executed, has prevented, obstructed, and impeded the administration of justice, in that:   ARTICL
Paul Merrell

Obama ordered to divulge legal basis for killing Americans with drones | Ars Technica - 0 views

  • The Obama administration must disclose the legal basis for targeting Americans with drones, a federal appeals court ruled Monday in overturning a lower court decision likened to "Alice in Wonderland." The Second US Circuit Court of Appeals, ruling in a Freedom of Information Act (FOIA) claim by The New York Times and the American Civil Liberties Union (ACLU), said the administration must disclose the legal rationale behind its claims that it may kill enemies who are Americans overseas.
  • The Obama administration must disclose the legal basis for targeting Americans with drones, a federal appeals court ruled Monday in overturning a lower court decision likened to "Alice in Wonderland." The Second US Circuit Court of Appeals, ruling in a Freedom of Information Act (FOIA) claim by The New York Times and the American Civil Liberties Union (ACLU), said the administration must disclose the legal rationale behind its claims that it may kill enemies who are Americans overseas. "This is a resounding rejection of the government's effort to use secrecy and selective disclosure to manipulate public opinion about the targeted killing program," ACLU Legal Director Jameel Jaffer said in an e-mail. The so-called targeted-killing program—in which drones from afar shoot missiles at buildings, cars, and people overseas—began under the George W. Bush administration. The program, which sometimes kills innocent civilians, was broadened under Obama to include the killing of Americans.
  • Government officials from Obama on down have publicly commented on the program, but they claimed the Office of Legal Counsel's memo outlining the legal rationale about it was a national security secret. The appeals court, however, said on Monday that officials' comments about overseas drone attacks means the government has waived its secrecy argument. "After senior Government officials have assured the public that targeted killings are 'lawful' and that OLC advice 'establishes the legal boundaries within which we can operate,'" the appeals court said, "waiver of secrecy and privilege as to the legal analysis in the Memorandum has occurred" (PDF). The Electronic Privacy Information Center (EPIC), which in a friend-of-the court brief urged the three-judge appeals court to rule as it did, said the decision was a boon for citizen FOIA requests. "It's very helpful. We have a number of cases, including one of our oldest FOIA cases, that involves the warrantless wiretapping memos. The basic premise is when OLC writes a legal memo and when that becomes the known basis for a program, that's the law of the executive branch and cannot be withheld," Alan Butler, EPIC's appellate counsel, said in a telephone interview.
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  • The appeals court said the memo may be redacted from revealing which government agencies are behind the attacks, although former CIA Director Leon Panetta has essentially acknowledged that agency's role. Last year, a federal judge blocked the disclosure of the memo. Judge Colleen McMahon of New York said she was ensnared in a "paradoxical situation" in which the law forbade her from ordering the memo's release: The Alice-in-Wonderland nature of this pronouncement is not lost on me; but after careful and extensive consideration, I find myself stuck in a paradoxical situation in which I cannot solve a problem because of contradictory constraints and rules—a veritable catch-22. I can find no way around the thicket of laws and precedents that effectively allow the Executive Branch of our government to proclaim as perfectly lawful certain actions that seem on their face incompatible with our Constitution and laws while keeping the reasons for their conclusion a secret.
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    Unless the Feds successfully seek en banc review or review by the Supreme Court, we will apparently be able to read the infamous DoJ Office of Legal Counsel explaining the legal arguments why Obama may lawfully order drone strikes on U.S. citizens inside nations with which the U.S. is not at war. Let's keep in mind that DoJ claimed that Obama has the power to do that in the U.S. too. According to the Second Circuit's opinion, the ordered disclosure includes a somewhat lengthy section arguing that 18 U.S.C. 1119 and 956 do not apply to Obama. Section 1119 provides, inter alia: "(b) Offense.- A person who, being a national of the United States, kills or attempts to kill a national of the United States while such national is outside the United States but within the jurisdiction of another country shall be punished as provided under sections 1111, 1112, and 1113." Section 956 provides in part: "(a)(1) Whoever, within the jurisdiction of the United States, conspires with one or more other persons, regardless of where such other person or persons are located, to commit at any place outside the United States an act that would constitute the offense of murder, kidnapping, or maiming if committed in the special maritime and territorial jurisdiction of the United States shall, if any of the conspirators commits an act within the jurisdiction of the United States to effect any object of the conspiracy, be punished as provided in subsection (a)(2). "(2) The punishment for an offense under subsection (a)(1) of this section is- (A) imprisonment for any term of years or for life if the offense is conspiracy to murder or kidnap; and (B) imprisonment for not more than 35 years if the offense is conspiracy to maim." There should also be a section explaining away the Constitution's Due Process Clause (protecting life, liberty, and property) and Right to Trial by Jury, as well as exempting the President from international law establishing human rights and l
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