Tag: law

Obama Believes in Guilty Verdicts

If you haven’t read Glenn Greenwald’s latest, you should.  He details how the Obama administration is all about trials for alleged terrorists at Gitmo, when they even occur, that are assured of guilty verdicts.

“‘Administration officials say they expect that as many as 40 of the 215 detainees at Guantanamo will be tried in federal court or military commissions . . . . and about 75 more have been deemed too dangerous to release but cannot be prosecuted because of evidentiary issues and limits on the use of classified material’ . . . If true, that means that there are 75 so-called ‘Fifth Category’ detainees who might be subject to indefinite detention without trial” — The Atlantic’s Marc Ambinder, yesterday, quoting The Washington Post.

(crossposted at Daily Kos)

When Hate in Religion

In case you missed it, Texas has now banned gay marriages.  Oh wait, that isn’t all — they have now banned ALL marriages in Texas!

AUSTIN – Texans: Are you really married?

Maybe not.

Barbara Ann Radnofsky, a Houston lawyer and Democratic candidate for attorney general, says that a 22-word clause in a 2005 constitutional amendment designed to ban gay marriages erroneously endangers the legal status of all marriages in the state.

Here is the money quote from the legislation:

The amendment, approved by the Legislature and overwhelmingly ratified by voters, declares that “marriage in this state shall consist only of the union of one man and one woman.” But the troublemaking phrase, as Radnofsky sees it, is Subsection B, which declares:

“This state or a political subdivision of this state may not create or recognize any legal status identical or similar to marriage.

Is marriage dead in Texas due to hate?

How to PWN a Nut 101

So, Thomas Friedman, our ever wrong NYT pundit decided to give is ever wrong opinion on Iraq, again.

In the comment section, me and a poster named Patriot have been discussing terrorism, Iraq, oil, you name it.  The article itself is crap, but, the comment sections may give people help in how to counter wingnut lunatics they encounter.

(Author note:  Those here at docudharma have seen what my posts look like when I get a bit drunk.  And no, I’m not now, but, do apologize for posting the last two drivels.)

Now… class is open…

The Privatization of Death

Raw Story has an article on how Arizona, looking to close a gap on state debt, is looking to privatize prisons, and, prisons that house death row inmates.

The State of Arizona, seeking to close a $2 billion budget gap, is planning to open bidding on all but one of its prison facilities.

Included in the offerings to private firms is an opportunity to manage the captivity of those condemned to die: a move that, for the first time ever, would put a U.S. state’s death row in corporate hands, according to The New York Times.

This is an extremely bad idea, and, here’s why…

The Worst of the Worst

A staggering case is still unfolding in Britain.  It is the case of Binyam Mohamed, a UK citizen, that was “picked up” in Pakistan, called a terrorist, renditioned, and tortured by the CIA.  The details of the case are found here in an excellent article by Andy Worthington and Truthout.org.

In their ruling last August, the judges made it clear that they were appalled by the global torture program in which they had found themselves unexpectedly immersed. In one of the most extraordinary stories in the “war on terror,” Mohamed, a British resident picked up in Pakistan in April 2002, had been rendered by CIA agents to Morocco in July 2002, where he had spent 18 months being tortured, had then been rendered to Afghanistan, to the “Dark Prison” outside Kabul, a secret prison run by the CIA, where he had spent another four months and had then been flown to Guantánamo, where he remained while the judges grappled with the largely classified evidence of a global web of kidnapping and torture.

Binyam Mohamed was one of those called “the worst of the worst”.  Unfortunately, the facts of the case show, like in many other cases, that there really was no case, nor evidence, against Binyam Mohamed.

The case of Binyam Mohamed is the case central to the continued pressure by Obama administration to keep secret the evidence of U.S. torture…

On Same-Sex Inheritance, Or, “‘Til Death Do We Part” Comes To Boyzone

There was a time, in the 1990s, when “boy bands” walked tall in the musical world. New stars with names like “BoyzIIMen” and “Backstreet Boys” and “*NSYNC” were everywhere to be seen, and positioned prominently within this firmament of stars was an Irish band, “Boyzone”.

One of the five members of Boyzone’s most famous lineup, Stephen Gately, died over the weekend in Mallorca, aged 33, much to the dismay of the group’s fans and friends.

Because Gately came out at the height of his career, and at considerable risk to his (and the group’s) “brand” prospects, the LBGT community is experiencing considerable dismay over the loss as well.

Today’s story, however, isn’t about any of that.

Instead, we’ll consider what’s likely to happen to Gately’s estate.

The point of the exercise? With this being one of the most prominent deaths of a gay celebrity to occur since civil commitment came to pass, and with Mr. Gately being legally committed to husband Andrew Cowles at the time of his death, it seems like a good time to examine how the law responds to these situations in the UK-and how it could work in the United States.

Flouting International Law

One of the blogs I read is written by Prof. Jonathan Turley, a regular legal commentator on Keith Olbermann’s Countdown.  One of his latest entries is about how Israel has vowed to block war crimes investigations, or prosecutions, regarding their action in Gaza.

Israeli Prime Minister Benjamin Netanyahu has vowed not to allow any Israelis to stand trial for war crimes even if demanded by the United Nations or world court.

(I wrote about the International Criminal Court here where I document just why it is unable to prosecute George W. Bush and Dick Cheney for their war crime of torturing prisoners.)

This action by Netanyahu mirrors the United State’s response to Italy’s prosecution of CIA agents when the U.S. government refused extradition of those agents.  

So, what is on the horizon for the civilized world?  War and more war…

Department of InJustice Strikes Again

If you aren’t reading The Raw Story, you are missing out on some exceptional reporting.  The Obama Department of InJustice has struck again:

The US government doesn’t have to reveal information about phone companies that may have spied illegally on Americans because those phone companies are an “arm of the government,” the US Justice Department argued in a recent court case.

SAY WHAT?????

But, yes, that is what the DoJ is arguing in court…

The International Criminal Court; When Does IT Step Up?

I’m sure everyone here has read this wonderful essay by tahoebasha3.  To follow up on it, I think we must examine the role the International Criminal Court plays.

This excellent article brings out a very interesting point:

The move may give some wider latitude to the relatively young International Criminal Court (ICC) in The Hague, legal experts say, though this is disputed. Currently the ICC indictments and trials are drawn mostly from cases of genocide or war crimes in Africa.

And there, to be precise, is the problem…

So, I was threatened with arrest today

After spending six years in law enforcement myself, the state of our current law enforcement is even more appalling to me.  But, after seeing how law enforcement was trending in its attitudes, I was prepared for this — being threatened with arrest because I deigned to make a complaint.

The story?

The Polanski Case: Morality Play Aside, What are the Real Motives?

Roger Simon in The Politico writes today about the extradition drama surrounding the arrest of director Roman Polanski.  Simon’s greater point is, of course, that those who are blessed with great talent are not always those who are blessed with the greatest moral fiber.  When a person who has achieved great fame for high artistic achievement gets in trouble, he or she suddenly finds himself or herself with a multitude of apologists and sycophantic admirers.  And yet, I would be remiss if I neglected to add that until fame is achieved, however, society and the creative class views any unknown artist as merely another odd bird either unable or unwilling to conform and certainly worthy of no one’s pity.  

Beyond a simple argument regarding the nature of cult of celebrity or the brutality of childhood sexual abuse, Polanski’s case concerns our own yearnings for attention and desire and how quickly we sell into the lies and cheap attention of celebrity.  Not only that, this contentious issue promises great appeal to those wishing to use it to pad their own resumes, insert another feather into the cap, or use the topic as a bargaining chip to strengthen a hand at the diplomatic table.  We have been contemplating one side of the issue, but I’d like to know more than the superficial.  These instances where art and law intersect are much more interesting.

To begin, a friend of mine, then enrolled in art school, expressed constant frustration to me and to anyone who would listen that the professors encouraged a high degree of eccentricity in each student, feeling that being weird for weird’s sake was a conditioned and necessary virtue.  The famous Irish wit Oscar Wilde, himself of no small ego and put on trial for his part in a sex scandal, noted that “no great artist ever sees things as they really are. If he did he would cease to be an artist.” Most of these students needed no encouragement in this area but I suppose the implication was that in a world where “starving artist” was a label frequently pinned to even the most talented at the craft, one needed to do something to stand out.  Those who adhere to this philosophy never require much in the way of introduction.  We know some of them by their first name alone.  

Simon’s column makes light of several less than stellar human beings who were championed by Hollywood, writers, actors, and other well-connected individuals for their talents but were dismal failures regarding ethical and legal conduct.  One could, I suppose, also add Charles Manson to the list, as several members of The Beach Boys believed him to have genuine musical skills and even were willing to pay for demo sessions to record his ramblings onto magnetic tape.  If one surveys poets, playwrights, recording artists, composers, sculptures, painters, and the like one can easily find example after example of misanthropic, borderline criminal behavior.  The Beat Poets, for example, were a rowdy bunch of social defectives and proud hell-raisers.  I believe there to be at least two reasons for this:  the prevalence of mental illness is high among the creative and those who perceive of the world around them so acutely and with such unyielding, high sensitivity have a tendency to be unable to know how to guard themselves properly against an unceasing stream of emotion.  Some manage to find healthy ways to control and channel this simultaneous blessing and curse and some do not.      

My point in all this is neither to defend nor to accuse Polanski for his actions.  While I agree that his directorial work has frequently been genius, I don’t feel much of a compulsion to let that fact whitewash the serious crime which he himself has admitted to taking a starring role.  The morality of the matter has already been talked to death by voices better connected and more eloquent than mine.  I am, however, much more interested in the reasons WHY this matter has come to trial now, after the passage of thirty years.  What are the motives this time behind bringing the French/Polish director back to the United States to serve out his sentence?  Who truly seeks to gain from this?  Whose reputation will be padded by having brought Polanski to justice?  Who are the major players, what are their names, and what is their compulsion to prosecute now?

The coverage thus far has been predicated on a very small focus of what could be an enormous matter.  That we have not yet been provided with the names of those driving extradition proceedings is telling and likely deliberate.  Aside from the diplomatic wrangling between France and United States, the politics and the ulterior motives of this drama have been obscured and unrevealed.  That the media seems content to let us talk to death one sole facet amongst ourselves and amongst itself is quite interesting.  This either means they have nothing further to go on themselves or are being instructed to not give light to a detailed, complex analysis of the case.  When matters of International Law are concerned, complications frequently arise and specific issues remain resolutely thorny.  It could also be that precise details of this case will be rolled out one by one over the coming weeks, at which point the media will hash them out to exhaustion, only to be presented latest batch of compelling information.      

I myself have grown tired of debating morality as regards Roman Polanski.  Polanski’s offense has highlighted how eager we are to forgive significant offenses in our heroes, especially those who have found their way into that small, elite club we call celebrity.  I honestly understand those in that tight circle who defends him, because their motives are a result of both self-preservation and sympathy.  They’re aware of the obscene pressure of living in a fishbowl and having any shred of privacy destroyed by the effects of a society desperate to poke into their personal business.  They understand how easy it is to break down, resort to drug addiction, or come completely unglued under the pressure of the omnipresent white hot spotlight.  Moreover, they know how easily reputations can be destroyed by spurious rumors and allegations of misdeed.  Even so, they also know that the “Get Out of Jail Free” card often extended to those who have the financial means loses its potency whenever any celebrity is sent to prison, no matter how open and shut the case may be.  Viewpoints such as these require us to rethink the idea of fame and acknowledge its impact upon our society and we ourselves.

The Next PR Blitz You’ll Want to Miss

Hooray for Democracy!  Democratic Senator’s have introduced a bill that would repeal telecom immunity from civil suits for their part of Bush’s warrantless wiretapping.  

Four Democratic senators have introduced a bill that would, if passed, repeal the legal immunity afforded the telecommunications industry for their participation in President George W. Bush’s warrantless wiretapping program.

Senators Chris Dodd (D-CT), Patrick Leahy (D-VT), Russ Feingold (D-WI), and Jeff Merkley (D-OR) announced the measure Monday. In a release, they said the bill “eliminates retroactive immunity for telecommunications companies that allegedly participated in President Bush’s warrantless wiretapping program.”

The four senators, all liberal Democrats, emphasized that they believed granting the industry immunity violated the law and due process.

Don’t jump for joy.  Don’t break out the champagne.  This is the next PR blitz of, “Hey, look what we did“, you want to miss because it means absolutely NOTHING

H.R. 6304, Sec 802

‘SEC. 802. PROCEDURES FOR IMPLEMENTING STATUTORY DEFENSES.

‘(a) Requirement for Certification- Notwithstanding any other provision of law, a civil action may not lie or be maintained in a Federal or State court against any person for providing assistance to an element of the intelligence community, and shall be promptly dismissed, if the Attorney General certifies to the district court of the United States in which such action is pending that–

‘(1) any assistance by that person was provided pursuant to an order of the court established under section 103(a) directing such assistance;

‘(2) any assistance by that person was provided pursuant to a certification in writing under section 2511(2)(a)(ii)(B) or 2709(b) of title 18, United States Code;

‘(3) any assistance by that person was provided pursuant to a directive under section 102(a)(4), 105B(e), as added by section 2 of the Protect America Act of 2007 (Public Law 110-55), or 702(h) directing such assistance;

‘(4) in the case of a covered civil action, the assistance alleged to have been provided by the electronic communication service provider was–

‘(A) in connection with an intelligence activity involving communications that was–

‘(i) authorized by the President during the period beginning on September 11, 2001, and ending on January 17, 2007; and

‘(ii) designed to detect or prevent a terrorist attack, or activities in preparation for a terrorist attack, against the United States; and

‘(B) the subject of a written request or directive, or a series of written requests or directives, from the Attorney General or the head of an element of the intelligence community (or the deputy of such person) to the electronic communication service provider indicating that the activity was–

‘(i) authorized by the President; and

‘(ii) determined to be lawful; or

‘(5) the person did not provide the alleged assistance.

Hold on… no popcorn for you… wait for it…

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