Showing posts with label justice. Show all posts
Showing posts with label justice. Show all posts

Friday, April 11, 2008

White House Authorizes Torture?

In the news today is an article that claims just that. Read on for an excerpt...


The meetings were held in the White House Situation Room in the years immediately following the Sept. 11 attacks. Attending the sessions were Cheney, then-Bush aides Attorney General John Ashcroft, Secretary of State Colin Powell, CIA Director George Tenet and national security adviser Condoleezza Rice.

....snip.....

Sen. Edward M. Kennedy, D-Mass., lambasted what he described as "yet another astonishing disclosure about the Bush administration and its use of torture."

"Who would have thought that in the United States of America in the 21st century, the top officials of the executive branch would routinely gather in the White House to approve torture?" Kennedy said in a statement. "Long after President Bush has left office, our country will continue to pay the price for his administration's renegade repudiation of the rule of law and fundamental human rights."

...snip...

Full Article Here

Friday, May 04, 2007

Impeachment?

Where is the buzz on Impeachment these days? look no further and check out this link.

The Buzz

Tuesday, April 17, 2007

It is illegal to have a different opinion...

...than your own President.

Evidently this is the case, or that is what is being determined right now in court. But this is what is being argued in a case brought by two people who were ejected from a public appearance of the Prez because of an anti-war sticker on their bumper. No, they didn't heckle, according to the story, but since it was clear that they had a different opinion from the Commander-in-Chief they were booted.

It should be an inalienable right to disagree with anyone, particularly elected officials that represent us. George Orwell says 'i told you so'...

Link to Full Article

Thursday, April 12, 2007

Enemy of the State...?


Granted, this is one person's account of an event...and how a person got onto a 'List'...but this is still a messed up example of how all these new security measures are being used.

What does it take to be labeled a potential 'Terrorist Threat'... evidently all it takes is to either speak your mind, or be vocal for PEACE. Peace being a good antithesis of Terror this makes perfect sense.

From the political blog Balkinization:

Another Enemy of the People?

Mark Graber

I am posting the below with the permission of Professor Walter F. Murphy, emeritus of Princeton University. For those who do not know, Professor Murphy is easily the most distinguished scholar of public law in political science. His works on both constitutional theory and judicial behavior are classics in the field. Bluntly, legal scholarship that does not engage many themes in his book, briefly noted below, Constitutional Democracy, may be legal, but cannot be said to be scholarship. As interesting, for present purposes, readers of the book will discover that Murphy is hardly a conventional political or legal liberal. While he holds some opinions, most notably on welfare, similar to opinions held on the political left, he is a sharp critic of ROE V. WADE, and supported the Alito nomination. Apparently these credentials and others noted below are no longer sufficient to prevent one from becoming an enemy of the people.

"On 1 March 07, I was scheduled to fly on American Airlines to Newark, NJ, to attend an academic conference at Princeton University, designed to focus on my latest scholarly book, Constitutional Democracy, published by Johns Hopkins University Press this past Thanksgiving."

"When I tried to use the curb-side check in at the Sunport, I was denied a boarding pass because I was on the Terrorist Watch list. I was instructed to go inside and talk to a clerk. At this point, I should note that I am not only the McCormick Professor of Jurisprudence (emeritus) but also a retired Marine colonel. I fought in the Korean War as a young lieutenant, was wounded, and decorated for heroism. I remained a professional soldier for more than five years and then accepted a commission as a reserve office, serving for an additional 19 years."

"I presented my credentials from the Marine Corps to a very polite clerk for American Airlines. One of the two people to whom I talked asked a question and offered a frightening comment: "Have you been in any peace marches? We ban a lot of people from flying because of that." I explained that I had not so marched but had, in September, 2006, given a lecture at Princeton, televised and put on the Web, highly critical of George Bush for his many violations of the Constitution. "That'll do it," the man said. "

"After carefully examining my credentials, the clerk asked if he could take them to TSA officials. I agreed. He returned about ten minutes later and said I could have a boarding pass, but added: "I must warn you, they=re going to ransack your luggage." On my return flight, I had no problem with obtaining a boarding pass, but my luggage was "lost." Airlines do lose a lot of luggage and this "loss" could have been a mere coincidence. In light of previous events, however, I'm a tad skeptical."

"I confess to having been furious that any American citizen would be singled out for governmental harassment because he or she criticized any elected official, Democrat or Republican. That harassment is, in and of itself, a flagrant violation not only of the First Amendment but also of our entire scheme of constitutional government. This effort to punish a critic states my lecture's argument far more eloquently and forcefully than I ever could. Further, that an administration headed by two men who had "had other priorities" than to risk their own lives when their turn to fight for their country came up, should brand as a threat to the United States a person who did not run away but stood up and fought for his country and was wounded in battle, goes beyond the outrageous. Although less lethal, it is of the same evil ilk as punishing Ambassador Joseph Wilson for criticizing Bush's false claims by "outing" his wife, Valerie Plaime, thereby putting at risk her life as well as the lives of many people with whom she had had contact as an agent of the CIA. ..."

"I have a personal stake here, but so do all Americans who take their political system seriously. Thus I hope you and your colleagues will take some positive action to bring the Administration's conduct to the attention of a far larger, and more influential, audience than I could hope to reach. "

Posted 11:17 AM by Mark Graber [link]

Wednesday, April 04, 2007

Justice Dept. Aide Not Willing To Testify

...yeah, you work for the 'Justice' department and you are not willing to stand up and tell the Truth? Not even in a Private meeting with Congressmen/women? What does that say about you as an individual? as a public employee? as the highest ranking aide to the the AG? and a former counsel to the White house?

Actually, it speaks volumes, doesn't it?

Full Article


A snippit...

House Democrats on Tuesday asked a top Justice Department aide to come to Capitol Hill for a private interview in the next week on the firing of federal prosecutors, arguing that she cannot simply refuse to testify on the matter.

Monica Goodling, who has said she would assert her Fifth Amendment right against self-incrimination to avoid appearing at Senate hearings, must tell Congress which specific questions she's refusing to answer, Democrats said in a letter to her lawyer.

Goodling was senior counsel to embattled Attorney General Alberto Gonzales and was the department's White House liaison before she took a leave earlier this month amid the uproar over the ouster of eight U.S. attorneys.

Senate Judiciary Committee members, meanwhile, are pressing Gonzales to say how he plans to deal with Goodling taking the Fifth Amendment. Her action, they say, means he can't fulfill his pledge to make Justice employees available for questioning under oath.

"Who do we talk to at the Department of Justice? The office of the Attorney General appears to be hopelessly conflicted," Sen. Patrick Leahy, D-Vt., the Judiciary chairman, and Sen. Sheldon Whitehouse, D-R.I., said in a letter to Gonzales released Tuesday.

Tuesday, March 13, 2007

Native Tribes Get A Break...

for now. Thanks to a ruling in favor of their religious rights. The battle is not over for them though, and it never is. But hey, maybe all those skiers would welcome someone spraying poop on their churches, and then I guess it would be all fair.

Full Article

An Arizona ski resort's plan to use treated sewage to make snow on a mountain sacred to several Native American tribes violates religious freedom laws, a U.S appeals court ruled on Monday.

The decision on Arizona Snowbowl was a victory for Native American tribes after years of setbacks in their fight to bar the resort from using waste water on the federally owned mountain 150 miles north of Phoenix.

"It's like stomping on the scriptures in the world of Christianity," Navajo Nation President Joe Shirley Jr. said in a telephone interview. "This is my essence, the essence of who I am."

The 9th U.S. Circuit Court of Appeals agreed with the tribes that the treated waste water should be barred under the U.S. Religious Freedom Restoration Act, which says the federal government may not "substantially burden a person's exercise of religion."

Thursday, March 08, 2007

Expulsion from the Cherokee Naton

Full Article Here

The Cherokee Nation’s decision to revoke the tribal citizenship of about 2,800 descendants of slaves once owned by the tribe is a moral low point in modern Cherokee history and places the tribe in violation of a 140-year-old federal treaty and several court decisions. The federal government must now step in to protect the rights of the freedmen, who could lose their tribal identities as well as access to medical, housing and other tribal benefits.

This bitter dispute dates to the treaties of 1866, when the Cherokee, Seminole and Creek agreed to admit their former slaves as tribal members in return for recognition as sovereign nations. The tribes fought black membership from the start — even though many of the former slaves were products of mixed black and Indian marriages.

Conditions at Walter Reed Known about for Years

Full Article at CQ

Senior Republicans who knew about problems at Walter Reed Army Medical Center while their party controlled Congress insist they did all they could to prod the Pentagon to fix them.

But C.W. Bill Young, R-Fla., former chairman of the House Appropriations Defense Subcommittee, said he stopped short of going public with the hospital’s problems to avoid embarrassing the Army while it was fighting wars in Iraq and Afghanistan.

Young and Thomas M. Davis III, R-Va., the former chairman of the House Government Reform Committee, both acknowledged in interviews that they were aware of patient care problems at Walter Reed long before The Washington Post exposed them two weeks ago.

At a House Appropriations subcommittee hearing Wednesday, Young detailed his efforts to assist patients at Walter Reed during visits he or his wife made to the hospital as early as 2003. He described repeatedly confronting the hospital’s then commander, Gen. Kevin C. Kiley, about patients who, they discovered, had received poor care.

Young said his wife, Beverly, found one Walter Reed patient lying in his hospital bed without sheets or blankets, having soiled himself. Another, who suffered from a battlefield brain injury, had fallen out of his bed three times, even after Young had told Kiley about the problem, the lawmaker said. And he said a third patient, who had an aneurysm, died after a respiratory therapist ignored family warnings about the patient’s fragile condition and treated him anyway.

“We got in Gen. Kiley’s face on a regular basis,” Young said, adding that he even contacted the commander of the National Naval Medical Center in Bethesda in the hopes of getting better care there for the patient with the aneurysm, though doctors at Walter Reed declined to transfer him.

“What else do you want me to do? I am not going to go into a hospital and push my way into a medical situation,” Young said after the hearing.

Young said he “separates my life as a member of Congress and the work I do on a volunteer basis,” visiting military hospitals with his wife almost every week.

Young said he used his role as an appropriator to push to fund a new lab at Walter Reed and a new phone system at Fort Carson so patients could more easily make appointments.

But he said he purposely opted to bring concerns about individual patients’ care privately to the attention of Walter Reed commanders, rather than wield his clout as an Appropriations subcommittee chairman.

“We did not go public with these concerns, because we did not want to undermine the confidence of the patients and their families and give the Army a black eye while fighting a war,” Young said.

At the time, Young said, he believed “what I was dealing with was basically isolated cases, solder by soldier,” rather than a systemic problem at the hospital.

Even now, Young said, he’s not sure what more he could have done.

“Appropriations alone cannot solve all problems,” he said. “It takes more. It takes skill, it takes experience, it takes determination, and it takes attitude.”

He placed the blame for the hospital’s substandard conditions on Kiley, who now serves as the Army’s surgeon general, its top-ranking uniformed doctor. Young said he was not satisfied with Kiley’s answers at the hearing Wednesday and predicted that he would be relieved of his post by the weekend.

“The rumor around the Capitol is they’re keeping him here to take all the spears,” Young said.

Davis’ Panel Aware Since 2004

Davis, the former chairman of the committee with responsibility for oversight of government programs, said his options also were limited. He said his committee staff first learned in 2004 about problems with wounded soldiers’ health care while investigating their pay problems.

At a February 2005 hearing on care for wounded Army Guard and Reserve soldiers, Davis said, “I’m appalled that these men and women not only have had to face the recovery from their war wounds, but are simultaneously forced to navigate a confusing and seemingly uncaring system of benefits.”

Davis said he directed the Government Accountability Office to conduct several studies, “some of them coming from complaints from veterans that were stationed” at Walter Reed.

Davis’ committee staff aides fielded calls and attempted to help wounded soldiers and their families who called with complaints about pay and health care problems. At the committee’s March 5 hearing at Walter Reed, Annette L. McLeod testified that only after calling Davis’ office in 2006 did she make progress in getting proper care for her husband, Army National Guard Spec. Wendell W. McLeod Jr., who was injured while deployed in Iraq.

But Davis says he never pressed other committees or Republican leaders for legislation or new money to address problems his staff had identified.

“We are not appropriators. . . . I don’t know what else we could have done,” Davis said. “If generals don’t go around and look at the barracks, how do you legislate that?”

Democrats Also Aware

Democrats said they did all they could while in the minority.

John P. Murtha of Pennsylvania, who was the ranking Democrat on the House Appropriations Defense Subcommittee, said he sought appropriations to address problems he found during visits to military hospitals. For example, he obtained money for air conditioners for the Landstuhl Regional Medical Center in Germany and modern stretchers for a Baghdad field hospital.

Murtha focused blame for the Walter Reed scandal on the Bush administration and said the Pentagon discouraged patients from talking to lawmakers in both parties.

“My impression is that the military was constrained, even intimidated, from telling me and other congressional members about the real problems and the real needs,” Murtha said.

Democrat Henry A. Waxman of California, who now chairs the House Oversight and Government Reform Committee, defended how his predecessor as chairman had handled the problems at Walter Reed.

“It isn’t that Chairman Davis didn’t ask them to account for it,” Waxman said. “I don’t think the problem is in our committee. The problem is in the Department of Defense.”

John F. Tierney, D-Mass., the chairman of the Oversight and Government Reform Subcommittee on National Security and Foreign Affairs, made a point to praise Davis and former subcommittee Chairman Christopher Shays, R-Conn., at the March 5 hearing at Walter Reed. “I want to thank those members for their leadership so far,” Tierney said.

Thursday, February 22, 2007

Martial Law: Now Easier Than Ever...

From and Editorial in the New York Times on February 19, 2007...

Original Article Here

A disturbing recent phenomenon in Washington is that laws that strike to the heart of American democracy have been passed in the dead of night. So it was with a provision quietly tucked into the enormous defense budget bill at the Bush administration’s behest that makes it easier for a president to override local control of law enforcement and declare martial law.

The provision, signed into law in October, weakens two obscure but important bulwarks of liberty. One is the doctrine that bars military forces, including a federalized National Guard, from engaging in law enforcement. Called posse comitatus, it was enshrined in law after the Civil War to preserve the line between civil government and the military. The other is the Insurrection Act of 1807, which provides the major exemptions to posse comitatus. It essentially limits a president’s use of the military in law enforcement to putting down lawlessness, insurrection and rebellion, where a state is violating federal law or depriving people of constitutional rights.

The newly enacted provisions upset this careful balance. They shift the focus from making sure that federal laws are enforced to restoring public order. Beyond cases of actual insurrection, the president may now use military troops as a domestic police force in response to a natural disaster, a disease outbreak, terrorist attack or to any “other condition.”

Changes of this magnitude should be made only after a thorough public airing. But these new presidential powers were slipped into the law without hearings or public debate. The president made no mention of the changes when he signed the measure, and neither the White House nor Congress consulted in advance with the nation’s governors.

There is a bipartisan bill, introduced by Senators Patrick Leahy, Democrat of Vermont, and Christopher Bond, Republican of Missouri, and backed unanimously by the nation’s governors, that would repeal the stealthy revisions. Congress should pass it. If changes of this kind are proposed in the future, they must get a full and open debate.

Thursday, February 08, 2007

US Attorney Ordered to Resign

In political news...lots of US Attorneys fired by this Administration in the Western United States. Hmm, is it coincidental that the West Coast is Blue territory?

I don't see why the branches are enmeshed where it comes to US Attorneys...seems counter to checks and balances.

The implication surrounding these dismissals, however, is rumored to be a preemptive move on the part of an administration that is increasingly worried about being held accountable for their actions in a legal manner.

Source Article Here
Another Article Here

Former U.S. Attorney John McKay said his resignation was ordered by the Bush administration without explanation seven months after he received a favorable job evaluation.

"I was ordered to resign as U.S. attorney on Dec. 7 by the Justice Department," McKay said Wednesday in a telephone interview from the Washington, D.C. "I was given no explanation. I certainly was told of no performance issues."

McKay, who had led the Justice Department's Western Washington office, previously said only that he was resigning because it was time for him to move on.

His comments came one day after Deputy Attorney General Paul McNulty acknowledged to the Senate Judiciary Committee that the Justice Department had fired seven U.S. attorneys in the West in the past year, most of them for "performance-related" reasons he would not divulge.

The dismissals have been heavily criticized by Democratic lawmakers and others.

"John McKay has worked diligently for our region and it is deeply disconcerting that he could have been let go for political reasons," said Sen. Patty Murray (news, bio, voting record), D-Wash.

Robert Lasnik, the chief federal judge for the Western District of Washington, said he and fellow judges could not understand the firing and were dismayed that the Justice Department implied there was anything wrong with McKay's performance.

"This is unanimous among the judges: John McKay was a superb U.S. attorney," Lasnik said. "For the Justice Department to suggest otherwise is just not fair."

All U.S. attorneys serve at the pleasure of the president and may be dismissed for any reason, or no reason at all.

A provision in the reauthorization of the Patriot Act that took effect in March allows the attorney general to appoint U.S. attorneys indefinitely without Senate confirmation. Some Democrats have complained that the White House is using that provision to reward political allies by replacing U.S. attorneys who fall out of favor.

The Seattle Times reported Thursday that in his last performance review, McKay received a highly favorable report from a 27-member team from the Justice Department's Evaluation and Review Staff.

Wednesday, November 01, 2006

If you said yes at any point, it's not a rape

...finally, a ruling we can all agree upon...

or NOT

Can you believe this ???

An appellate court said Maryland's rape law is clear -- no doesn't mean no when it follows a yes and intercourse has begun. A three-judge panel of the Court of Special Appeals Monday threw out a rape conviction saying that a trial judge in Montgomery County erred when he refused to answer the jury's question on that very point. The appeals court said that when the jury asked the trial judge if a woman could withdraw her consent after the start of sex, the jury should have been told she could not. The ruling said the law is not ambiguous and is a tenet of common-law.



Jessica at feministing.org says:

So ladies, once it's in, it's in. Ain't nothing you can do about it. Changed your mind? Suck it up. He's hurting you? Oh, sorry--should have thought of that before. After all, it's not like your body is yours or anything. Jeez.