Monthly Archives: June 2006
There is a great blog that gives you a breakdown of each SCOTUS decision and how it affects the laws and the people of these United States of America. Its called simply SCOTUSblog. I had an MRI today, so I didn’t get to check them out right after the announcement of the Supreme’s ruling this morning. As for what the Hamdan decision didn’t do, Marty Lederman, author of the article had this to say:
“One is whether the country is, indeed, at “war” in some constitutional sense, giving the Court reason to look more favorably on claims of expanded presidential power. And the second one is whether the President has authority, acting all alone, to decide what measures are needed to respond to the continuing terrorism threat. The Court in Hamdan makes an assumption about the former, and leaves the latter without any answer.” You can read their article in its entirety here regarding the issues not taken up by the Supremes.
On what todays decision did mandate, the SCOTUSblog had this summary:
“it is hard to overstate the principal, powerfully stated themes emanating from the Court, which are (i) that the President’s conduct is subject to the limitations of statute and treaty; and (ii) that Congress’s enactments are best construed to require compliance with the international laws of armed conflict.”(emphasis is theirs, not mine) The final analysis of the ruling is, in their opinion here:
“Even more importantly for present purposes, the Court held that Common Article 3 of Geneva aplies as a matter of treaty obligation to the conflict against Al Qaeda. That is the HUGE part of today’s ruling. The commissions are the least of it. This basically resolves the debate about interrogation techniques, because Common Article 3 provides that detained persons “shall in all circumstances be treated humanely,” and that “[t]o this end,” certain specified acts “are and shall remain prohibited at any time and in any place whatsoever”—including “cruel treatment and torture,” and “outrages upon personal dignity, in particular humiliating and degrading treatment.” This standard, not limited to the restrictions of the due process clause, is much more restrictive than even the McCain Amendment. See my further discussion here.“
“This almost certainly means that the CIA’s interrogation regime is unlawful, and indeed, that many techniques the Administation has been using, such as waterboarding and hypothermia (and others) violate the War Crimes Act (because violations of Common Article 3 are deemed war crimes). If I’m right about this, it’s enormously significant.”
While I was waiting for my MRI, the doctors office had all four TV channels on FAUX news. John Gibson was slamming the left of course, saying we are all rejoicing this decision and obviously we, being the left, are all on the wrong side of the issue. He also kept pimping his radio show and wanted viewers to call in later and talk about how horrible all the progressives are on this dark day for our War against Terrorism. –Stick a sock in Gibson, I have no happiness or joy you asshat, that individuals who POSSIBLY wished to due us harm might very well go free.
The Supremes ruled against the Shrub today saying he has broken the law(thats a surprise,I know),ruling that the military tribunals his minions created to try terror suspects violate both American military law and ..I love this part..the Geneva Convention.
And if that didn’t piss him off, they also ruled, in a 5-to-3 breakdown,that the effort by Congress to “strip the court of jurisdiction over habeas corpus appeals by detainees at the prison camp in Guantánamo Bay, Cuba” was total and complete bullshit….Alrighty then!
This was based on the case brought by Osama’s former driver, the infamous Salmin Hamdan, who the courts said “could not be tried on the conspiracy charge lodged against him because international military law requires that prosecutions focus on specific acts, not broad conspiracy charges”
The majority was made up of Stevens, Souter, Ginsberg, Breyer and once again, Kennedy. Scalia, Thomas and Alito were the dissenting stooges..er..judges. Roberts recused himself since he had ruled on this case at the appeal court level last year.
Thomas was so pissed, that he read his dissenting opinion aloud from the bench. He has never done that during his 15 years as a Supreme. His major statement was that this would “sorely hamper the president’s ability to confront and defeat a new and deadly enemy.”
Well no shit sherlock..but its also illegal..
Cmdr. Charles Swift, the Navy lawyer assigned to represent Hamdan said that todays ruling brings “a return to our fundamental values.”
It was also a wonderful kick in the nads to the Shrub and his facist,power-grabbing buddies. It made my morning to read this article from the NY Times. I hope it makes your day too, my dear reader. 🙂
Tags: Gitmo, politics, Bush, terrorists, Supreme Court, detainees, military,
I would like to thank Bob Higgins over at Worldwide Sawdust for posting the following article on his site from one of my favorite places, Booman Tribune. I have lots of favorites and today I was perusing them all..I am just not in the writing mood…life has sucked here at home lately. If you, my dear reader wonder why, I ain’t in the mood to repeat it, go check out my fluff blog here.But I digress…
Larry Johnson is the writer of the following article. Just a little about Larry from his bio on Booman here:
Larry C. Johnson is CEO and co-founder of BERG Associates, LLC, an international business-consulting firm that helps corporations and governments manage threats posed by terrorism and money laundering. Mr. Johnson, who worked previously with the Central Intelligence Agency and U.S. State Department’s Office of Counter Terrorism (as a Deputy Director), is a recognized expert in the fields of terrorism, aviation security, crisis and risk management. Mr. Johnson has analyzed terrorist incidents for a variety of media including the Jim Lehrer News Hour, National Public Radio, ABC’s Nightline, NBC’s Today Show, the New York Times, CNN, Fox News, and the BBC. Mr. Johnson has authored several articles for publications, including Security Management Magazine, the New York Times, and The Los Angeles Times. He has lectured on terrorism and aviation security around the world.
Actually, thats alot about Larry..but hey..its a helluva resume right? Anyway, on to his article:
by Larry Johnson
Mon Jun 26th, 2006 at 09:17:15 PM EST
The evidence now on the public record is overwhelming and, if we could have a jury, Vice President Dick Cheney would be found guilty of cooking the intelligence and lying us into war. Three remarkable and compelling pieces of evidence have hit the streets within the last two weeks. Let’s start with today and work backwards. The Democratic Policy Committee held a hearing on the pre-war intelligence. Republican Congressman Walter Jones of North Carolina, who requested to attend today’s Senate Democratic Policy Committee hearing — asked (click to watch) Col. Lawrence Wilkerson (Ret’d) how neoconservatives in the Administration gained so much power, and why no one spoke out against their efforts to shape policy toward Iraq in the run-up to war. Col. Wilkerson responded, “The Vice President”.
Most of the men who appeared today before Senator Dorgan and Congressman Jones are Republicans. None are partisans. Their words are horrifying when you realize that over 2500 American men and women have died in Iraq based on a lie.
You can read their statements at this link.
If you have visited this blog before you have probably seen several pieces by me describing how the Administration ignored the intelligence community warnings to not use the claim that Iraq was trying to acquire uranium yellowcake in West Africa and that there was no operational relationship between Saddam Hussein and Osama Bin Laden. On both issues Vice President Cheney, President Bush, National Security Advisor Rice, and Secretary of Defense deliberately ignored the intelligence community.
Bush, and others in his administration, have denied they were trying to persuade Americans that Iraq was somehow behind 9-11. That too is a lie. A bald faced lie. How can I be so confident? We now have public testimony that the Administration repeatedly tried to link the 9-11 attacks to Iraq and willfully ignored the analysis of the intelligence community and the evidence from the law enforcement community. Vice President Cheney and Stephen Hadley, the current National Security Advisor, pressured and bullied the intelligence community to confirm that Mohammed Atta met with Iraqi intelligence officers in the Czech Republic prior to the 9-11 attack.
First, we have the testimony of Col. Wikerson. According to the Colonel:
Now, you have to hit the link to Mr. Johnson’s article in the first paragraph to read the rest, I am not stealing his entire piece..give them the traffic over at Booman..ok? But I swear its a great read..take the time and check it out..please..cuz I think you will be highly pissed off when you finish reading it..or at the very least..figuring you were right all along about Tricky Dick..the prick.
The Supreme’s today shot down a portion of Tommy boy’s grand plan to remake the Texas voting districts in his and the Republican’s image. The higher court did affirm that states have the right to reset the lines of voting districts whenever they feel like it. A quote from the MSNBC article about the redistricting laws of Texas:
“On a different matter, the court ruled 7-2 that state legislators may draw new maps as often as they like — not just once a decade as Texas Democrats claimed. That means Democratic and Republican state lawmakers can push through new maps anytime there is a power shift at a state capital.
The Constitution says states must adjust their congressional district lines every 10 years to account for population shifts. In Texas the boundaries were redrawn twice after the 2000 census, first by a court, then by state lawmakers in a second round promoted by DeLay after Republicans took control.That was acceptable, the justices said.”
On the subject of the boundaries set by Tommy and his cronies the justices had this to say:
“Justice Anthony M. Kennedy, writing for the majority, said Hispanics do not have a chance to elect a candidate of their choosing under the plan. The vote was 5-4 on that issue.” *snip* “We reject the statewide challenge to Texas redistricting as an unconstitutional political gerrymander,” Kennedy wrote. However, he said the state’s redrawing of District 23 violated the Voting Rights Act.”
Thanks to TruthOut for posting this newest bitch-slap to Tommy’s grand plan to rule the world.