Author's posts

The Brattleboro Indictment Resolution: Is it legal nonsense?

Crossposted at Orange Satan.

On Tuesday March 4 voters in Brattleboro, VT will vote on a non-binding resolution calling for the following:

“Shall the Selectboard instruct the Town Attorney to draft indictments against President Bush and Vice President Cheney for crimes against our Constitution, and publish said indictment for consideration by other municipalities? And shall it be the law of the Town of Brattleboro that the Brattleboro Police, pursuant to the above-mentioned indictments, arrest and detain George Bush and Richard Cheney in Brattleboro if they are not duly impeached, and extradite them to other authorities that may reasonably contend to prosecute them.”

According to the organizers the resolution a largely symbolic gesture. One organizer wrote, “it was born simply out of the devastating realization that our Constitution and entire system of government were – and still are – under assault, and that such extraordinary circumstances sometimes call for extraordinary measures.” Now organizers claim the initiative now has real legal teeth. How legal is it?

Read below the fold.

Brattleboro, VT activists seek to arrest Bush & Cheney

Brattleboro, Vermont is in the heart of the Vermont impeachment movement. Brattleboro was one of the first five towns to pass the popular impeachment resolution and now activists want to take it to another level… if you can call it that.

According to Dave Gram of AP:

A group in Brattleboro is petitioning to put an item on a town meeting agenda in March that would make Bush and Vice President Cheney subject to arrest and indictment if they visit the southeastern Vermont community.

“This petition is as radical as the Declaration of Independence, and it draws on that tradition in claiming a universal jurisdiction when governments fail to do what they’re supposed to do,” said Kurt Daims, 54, a retired machinist leading the drive

Huh?

The measure asks: “Shall the Selectboard instruct the Town Attorney to draft indictments against President Bush and Vice President Cheney for crimes against our Constitution, and publish said indictment for consideration by other municipalities?”

Daims has been circulating documents that claim the community acquires a “universal jurisdiction” to take such steps “when governments breach their highest duties.”

“We have the full power to issue indictments, conduct trials, incarcerate offenders and do all other acts which Independent jurisdictions may of right do,” the statement says.

OK. I’m an impeachment advocate (and I live outside Brattleboro for that matter) but somebody please tell me why this is legally invalid and completely moronic. Here’s a response I got from Kurt Daims, the author of the resolution

Kurt’s words state that it does not need to necessarily have current legal standing. The Declaration of Independence had no legal standing in its time, yet it was essential, and effective.

To read more of what Kurt Daims wrote click here. Better yet, chime in at iBrattleboro.

I can’t wait to hear what Armando, edger, and andgarden have to say about this!

Load more