Tuesday, March 28, 2006

What Constitution?

Keeping up with the criminality of the Bush cabal should be a full time occupation. It has been quite public knowledge that the Bush cabal has been earnestly trying to destroy the 4th Amendment prohibition on illegal searches and seizures. Not only are Americans subject to surveillance by the NSA within their electronic communication, but now perhaps on their persons and in their physical premises. And while Congress has seemingly raised the issue as a matter of concern, with no plans for an imminent investigation all of the talk is blather. But that that simply isn't enough. Now the criminal gang's latest assault is on the Fifth Amendments prohibition against self incrimination and the Sixth Amendment's Right to Counsel. The latest news is that the Bush Cabal's illegal wiretapping (4th Amendment violation) has now been extended to intercepting telephonic conversations between attorneys and clients, meaning that the Bush cabal has perhaps pulled off a Constitutional violation trifecta.

Yet the President is increasingly interpreting his powers as being bound by no enacted law. The Adminstration and the co-opted "Justice Department" are promoting a rather Constitutionally dubious claim of the "unitary executive" to justify
almost any and all actions taken by the president in a time of war. And therefore, even when legislation is enacted, such as the so-called Patriot Act, the president has annotations in the margins stating that he is not subject to its provisions. Yet perhaps even more offensive to the Consitution and the separation of powers is that King George thinks that he can sign laws into existence even without formal Congressional approval. And where does this criminality lead to, you might ask? Well, indefinite detentions of American citizens without trial and who have committed no crime might be the ultimate act of government malfeasance against its citizens. Ooops, we have that now too.

Yet this assault on the Constitution did not happen by accident. In fact these plans to shift the balance of power from individual rights towards that of the government in the name of nationa security began to be considered "
within minutes" of the September 11th attacks. In fact, within eight days, a bill would be introduced in the House of Representatives that would allow for the detention of foreign nationals merely suspected of being engaged in terrorism, as well as easing restrictions of electronic surveillance. By October 26, 2001, George Bush would sign the omnibus bill, entitled t he "Uniting and Strenghening America By Providing Appropriate Tools Required to Intercept and Obstruct Terrorism" aka the USA PATRIOT ACT, that expanded the government's ability to conduct wireless searches, access personal information, as well as criminalize certain financial transactions, among other changes.

Yet despite the seeming offensiveness of using September 11th as a pretext to enact sweeping legislation to erode civil liberties, conducting illegal surveillance of citizens in violation of the 4th Amendment, conducting illegal surveillance of people's homes and physical persons in violation of the 4th Amendment, conducting illegal surveillance of attorney client telephone conversations in violation of the 5th and 6th Amendments, and even the indefinite detention of American citizens in violation of the 6th Amendment right to a speedy trial (a full set of the Bill of Rights may be seen here), the clearest example of the Bush Administration's contempt for the Constitution and for American citizens can be seen in the case of Ahmed Omar Abu Ali, an American citizen and former high school valedictorian who was not only abducted by agents of the United States while he was taking an exam in Saudi Arabia, but then turned over to Saudi Arabian custody so that he could be tortured without United States Constitutional protection. The Administration tried to argue thatt the Constitutional protections didn't extend to him because he was under foreign control (even though they placed him there). The court rejected the argument, and despite the Administration's position that they could not secure control of him, after they lost the case, they brought him back to the United States and charged him with conspiracy to kill the president, using as evidence the testimony that was produced under torture in Saudi custody. Despite even showing pictures of his back having been whipped, and the long history of torture in Saudi Arabia, he was convicted of nine counts of conspiracy (brief discussion of the verdict here). He was sentenced on Friday, March 24, but so far the media hasn't reported on the sentence.

We are living in a state of complete lawlessness, where there is no Constitution and coerced confessions derived from torture can form the basis of criminal convictions and (presumably) long prison sentences. It doesn't get much worse than this. But you can bet that if it can, it will, under this thoroughly corrupt criminal operation.

20 comments:

Anonymous said...

Weasel, you are a lyin mo fo! The links that you provided in your site, concerning this article, contradict what you have written.

Even worse, you have misrepresented the NSA and the Home Land Security Act to appear to apply to ordinary citizens in the course of their ordinary lives.

Even worse yet, you don''t seem to have, or perhaps you are pretending not to have, understanding of long extant laws that precede and give precidence to the facets of the very laws that you complain about.

Abu Ali was not sent to Saudi Arabia. He went there to study in Medina. (In as much as he was an honor student, eligable for affirmative action, one wonders why he went to a Muslim country to study? He would have the choice of backward science based on Qu'ranic law. Or, backward social sciences, based on Qu'ranic law.) Perhaps he was interested in the Muslim Brotherhood?

His video taped confession portrayed a gleeful testimony, full of bragadoccio.(your link!)

Crime in Progress Laws are on the books in every jurisdiction in the United States. They allow for crime prevention activity in lieu of warrant in the case of obvious time constraints.

Wire tapping laws are also in place in the same scenario in the case of suspected Organized Crime and Drug related activity.

The President has traditionally had, and used, much broader security powers in previous wars. This is the first time that they have been on paper.(Look at what Roosevelt, Truman, Kennedy,and Clinton did.)

If subversive, America hating,poorly informed, ill-meaning assholes were targeted, you would not have this site!

In The Soviet, China, Nazi Germany, Saddams Iraq, Syria, Rome, Greece, and Sparta,etc, etc, etc, your ass would be dead!

The very system that you decry is the system that gives you the freedoms that you claim don't exist. It is time for you to go back to school and learn some history.

Come on Wease, If you're going to publish this stuff on the web, it has to be good. You can't do this kind of work and get away with it! Even a Conservative can do better than you! Look at David Horowitz's work for some inspiration.

(Doc wants to know if you are a religious man?)

doc

Da Weaz said...

Dear doc,

I don't think I have misrepresented what the articles say. In fact, we don't know the scope of the NSA spying because the "Justice Department" and the White House have refused to discuss its scope even to many members of Congress. The only thing that has come out, (as linked in the article) is that the program is broader than previously thought

here

and may even target journalists

here

And believe me, doc, I know fairly well the body of case law precedent to the cases I'm discussing, but you really don't want a legal brief here, do you?

And I never claimed that Abu Ali was "sent" to Saudi Arabia, but rather that he was "delivered" to Saudi Arabian authorities. And I agree that it was reported that he had a glib expression, but I don't think that you (or I) can say how he was forced to react UNDER THREAT OF TORTURE. If someone tells you to smile or you will be tortured, doc, even you might smile. Psychological and physical torture can be pretty severe, so I would be quite hesitant about relying on a taped confession from Saudi Arabia.

And your wiretapping laws require approval by a judge, so I don't even know why you bother bringing that up.

And if you want to explain these "broader presidential powers used" by past presidents in detail, rather than simply spitting out some Ken Mehlman/Karl Rove talking points, I'd love to read your example of legal argumentation.

And I may have been killed for going against the government in the world's most repressive regimes, but what does that tell anyone? That Bush's regime isn't as bad as Stalin's yet? Pretty low standard of comparision. For there are MANY MORE countries where I would NOT be killed. Shouldn't those be the basis of your comparision? Places that you'd WANNA live in?

And I see you're trying to insult me by your comparisons with "Whore, no wits." Talk about my father and my idiocy all you want, but now, doc, you're really hitting below the belt. ;-)

Anyway, that's perhaps a good reason to post the links, to give you something to compare my statements with. And if you think that I've misrepresented something, then you should thank me for linking to you the material that forms the basis of my statement. But I will be ever ready to further explore any mischaracterizations, if you can be more specific than simply telling me so. ;-)

Have fun, doc, and by the way, I was quite impressed that you knew something about cuneiform, even if you misspelled it. And if you want a lesson on that part of history, I'll gladly provide if for you. But not sure if you really want me to talk about the use of spies in Ashurbanipal's Assyria or political machinations between Zimri-Lim and Hammurabi, but I can if you want. Though the rest of our readers may find that sort of talk irrelevant.

So maybe we should stick to 20th or 21rst century stuff, rather than 7 and 8th cent. BCE. (or 18th cen. BCE as regards the OB references).

And by the way, I don't believe in god, any of them. :-)

(But if I did, maybe I'd spend a few weeks in the cult of Ishtar. Sounds like fun ;-)

Anonymous said...

A well regulated militia, being necessary for the security of a free state, the right of the people to keep and bear arms shall not be infringed.
Both parties are anti constitution.


The Patriot act allows for the confiscation of all firearms manufactured after 1878, any center fire repeater, and gives the gestapo Homeland Security authoreity to sieze them.

SCOTUS Docket No 02-1412 May 5, 2003
Writ of Certiorari is Denied

The Supreme Court of The United States has ruled. There are no "Second Amendment" rights.

Executive Order 12803 sells America to the highest bidder and Dr milktoast wasn't invited to the auction.

Want more dickhead doc???

ilmjd

Anonymous said...

Yes I do want a brief. The HLSA is so complex in it's cross references to pre-existing laws, that I wonder just how it is that you can find such hienous intent within it. I have scoured it as best I can without aid of staff without finding what you imply is obvious.

Additonally, I spent several hours with an FBI attorney, a trustworthy friend of many years, going over his take on it, also without finding fault with it. Pretty generally, you will find that it is a compilation of pre-existing laws. If you have more information, I would be pleased to hear it.

If you are an attorney, you know better than to argue a law that you haven't read. So what have you read?

As far as hitting below the belt, if you are actually eligible to wear one, it seems to be the accepted mode on your site. If you stop using epithets; I will be more civil. OK with me. It is the concepts that are important. Besides, if you can't take it, don't dish it out!

And just what country would that bastion of superior freedom be? Canada? France? Germany? England? They are all deteriorating under the caustic influences of Islaam and Marxism. What ever liberties they may have developed are erroding. Their target social system seem to be the grinding nightmare of Marxism combined with the even worse life in Islaam. And, just when will you be going there? May I assist with airfare?

Please spare me the slippery slope arguments. I detest them. They can be applied indescriminately to any situation without the slightest force of logic.

Anonymous said...

Dear: ilmjd

My search for:

SCOTUS Docket No 02-1412 May 5, 2003 Writ of Certiorari is Denied": was not completed; Where did you find it?

"The Patriot act allows for the confiscation of all firearms manufactured after 1878, any center fire repeater, and gives the gestapo Homeland Security authoreity to sieze them."

I find it difficult to believe that after 37 states have liberalized their gun laws to include right to concealed carry, that any politician hoping to gain re-election would support confuscation laws. If you are correct, there won't be a Republican in office anywhere in the USA...But I doubt it.

Anonymous said...

Dr milktoast, I am a Vietnam Combat Veteran, more specifially, 11B20, Light Weapons Infantry. Are you aware of what a
Combat Infantryman's Badge is?
You question my love for America you insulting goddamned coward?
I am Line Goddamned Infantry little man.

It was for Rubber and non existant oil for the benefit of Averill Harriman and the War Material suppliers. The Gulf of Tonkin incident was a fabrication. Lady Bird Johnson made millions from her Bell Helicopter stock. The helicopters being shot down and replaced right and left.

SCOTUS Docket No 02-1412 probably has been sealed. Bird vs Gray Davis, a challenge to Reagan's page 340 to State Department Document 7277 gun confiscation law.
Slipped in after the vote.
The peptition for Writ of Certiorari was denied, establishing the precedent that the SCOTUS let's 9th Circus Court anti Second Amendment ruling stand.

The Patroit Act's precious metals (gold, silver) and firearms seizure provisions are there, go read it.

Why, after six years in control of the House, Senate and White House, are the gun control laws which pissed off the voters enough to elect Rethugs into control still on the books being enforced by the Bush cabal?

Why didn't Ornament Orrin Hatch, second amendment blowhard filibuster them? His hopeful shot at a Supreme Court judgeship not filibustered by Feinstein, Schumer, Kennedy or Kerry.


Any comments about Crude Oil and NYMEX or LIPE and US dollars rather than euro's?

You are just another Republican faithful dupe. Karl Rove used Gay Marriage to spook the right to the polls and Gay marriage will be the Trojan Horse for a Constitutional Convention which will eliminate the Constitution and Bill of Government Controlled Privelidges and install the Untied Nations Charter in it's place.
The US is supposed to be a right to carry country, per Article Six of the Constitution.

You are very BIG on words and very small on understanding actions.

ilmjd........www.ytedk.com

Anonymous said...

OK Weasel, Let's get serious here. The implication of your last was that you have expertise in history. If that is so, then you know the brutal nature of human history, and the toughness that it takes for a country to protect its existance. You also, one would hope, know the range of experiences that people have endured through the ages. For you to pretend that the experience of being an American is somehow inferior to any would be fruitless. It is also absurd, given your perspective, to reason that we have operated in any other way than to try to relieve the oppression of those caught in tyrannies. Certainly those heroic acts have been flawed, as are all human endeavors, but the underlying altruism is undeniable. We have bled and suffered on the battle fields of many countries, and, except for our graves, we have taken no territories. In fact, we have left greater wealth and greater liberty in every country that we have fought in. That icludes Viet Nam, which is now a free market economy agitating for increased civil rights.

You know the slow progress that humanity has made wresting itself from the brutal grasp of kings and commisars. You must also be aware that the finest, not prfect, but finest, example of human liberty and dignity exists in this country.
The experience of being an American Citizen is the highest expression of cultural freedom ever! Wease, they allow you! Aren't you ever amazed by that fact?

But what really gripes me is that you are selling grimy hatred to the people who take you as an authority. You know that destroying this country would produce a evil age that would make the dark ages look like Mr. Roger's Neighborhood.

You must know the difference between the political constructs of collectivism and free market democracies. The Communists do. They are changing into free market entreprenurial societies.

Where did you lose your historical sense of perspective? The study of history should bestow upon one the understanding of the gradual growing of human liberty against a background of brutal tyrany. That is what is happening here. The American Experiment.

I know that you hate this part, but it it the part that keeps calling me back. What happened to you to infect you with this much rage against the country which protects and nurtures you in a way in which no other can? The disconnect that I see between your ability and our percption is what leads me to wonder what the hell was done to you. You know what I'm talking about too, don't you?

If you wish to be a warrior in the course of history, which it seems that you do, than choose the path that has always brought Liberty and nuturance.

The Democracies in Europe are dying.The impoverishment of Marxism is blending with the guilt of almost 1000 years of constant wars. The resulting infirmity is providing an easy victim for Islaam in it's relentless march of jihad.

The job of America, for the last two hundred years, has been to fuckup European hegemonies. It is what is needed more now than ever before. Why not help us?


Think this one over,
doc

Anonymous said...

Doc,

Why exactly do you think the European democracies are dying? You also mentioned Canada (my own country) in a previous post, and that puzzles me as well. As near as I can tell, most of these countries have very healthy democracies - healthier than the U.S. with it's two party system.

The only obvious exception I can think of is Italy.

Or are you defining "democracy" or "dying" in a very specific way that I'm not getting?

Anonymous said...

Dear ilmjd ;

Let's begin with my thanking you for your courageous sevice to our country. It is you, and countless millions of brave men like you, who have fought tyrany throughout the ages, and who have brought us to the stage of history in which we could have the freedom to have this conversation.

As for the candy in my ass..There is none. I flew off the Enterprise and Saratoga. I can tell you that I was in situations where I had to admit that I was already dead-meat in order to go on with the mission. I'm sure you know what I mean.

As for LadyBirds stock--fuck it. The same for Tonkin oil. The truth is that there always has been, and always will be, some financial aspects to war. But even if that was the most important part for some of the politicians, it was not the most important part for history and for mankind in general.

Do not feel that your sacrifice was for nothing. Please read the history of the Soviet Union, and Communism in general, that became available after 1992.

That system was exactly as we most feared it was. It was murderous, represive,territorialy aggressive, and totaly inept as an econmic construct. Life in that brutal place was (and still is, for the most part)dreary beyond surviving. You guys on this blog beat your breasts over unfairness' that Soviet citizens risked their lives to get to.


You wouldn't accept life under Communism, American or Soviet, for two fucking minutes. In order to get workers to perform,without pay and without stealing, life was turned into a maze of informants and dossiers. You couldn't have had this conversation, as critical of the Gov as it is, without fear of twenty years in some lethal Gulag.


Your children would be informants in your own house. Their education, although really good in the hard sciences, would be ransome for your families performance as party clacks. Food would be very hard to come by, and mostly the best reserved for the Party Bosses. The entire "corporate" climate built on crony-ism, favrot-ism, bribary, and theft.

My friend, you saved us from the worst. You were not wrong in the fight that you fought. We needed you, and you were there.

I am sorry that you were mistreated by the anti-war people when you returned. They were wrong then, and for the same reasons, they are wrong now.

And by the way, we did not lose! We lost 56,000 brave soldiers. They lost 3.5 million. We were there to help prevent Communist expansion. Communism is all but dead. We were trying to unite Viet Nam in a free market democracy. Viet Nam now has a vibrant entreprenurial culture, and that is inspiring a strong national effort to provide more civil rights to Viet Namese citizens.

As far as the Patriot Act, and firearms, I will be meeting with an FBI dude that I shoot with. We have been doing martial arts and handgunning for 24 years. He will tell me the truth. I'll be back to you. Stay in touch. Until then, if you can produce those statutes, I want to see them.

(Doc treats Vets differently)

Godspeed,
doc

Da Weaz said...

"You know the slow progress that humanity has made wresting itself from the brutal grasp of kings and commisars."

Yeah, and under Bush quite slow and even more incomplete.

And I'm not saying whether the experience of being American is "inferior" to that of other countries (and perhaps more fairly, hegemons), but my point is that we need to be a nation that tries to live up to its ideas rather than being simply another bloated empire that collapses from the weight of its imperial aspirations (THAT'S what history teaches us).

But your take on US history is quite absurd, especially as during the entire 19th century the role of the US in world affairs was quite marginal and was most noted for the slaughter of 600,000 of its own citizens and freeing slaves.

And democracies in Europe are not dying nearly as quickly as democracy has died in the US, you've just been wrapped in too much flag to notice.

Were you a student of history, of your own history, you'd learn (as I teach my students, yes, the weaz even molds some minds! Wouldn't Davie luv to put me in his book!), is that there is the American Experiment that it typified exactly by the mythology that you express. And there's the America that has to explain itself for what it is currently doing in Iraq (which is not to make it a richer place. Sorry.) And when you know that history, a history that you aren't supposed to know. Then you'd have a chance to take the necessary steps to reconcile these two disparate visions of the same whole, namely the US. Maybe you'd understand that it is not our freedoms many people hate, but rather our actions, our histories, policies and legacies. And maybe then instead of bragging about how great our country is, we might start apologizing, making reparations, and otherwise joining the world community on the basis of equality, rather than from a position of superiority, the likes of which is embedded within each and every post you write.

Doc, the weazl has friends all over the world. Really. And more than just Americans read these words. Really. And you are living proof of a caricature that I couldn't adequately explain. So thank you. But many people who read this laugh at the idea of your American cultural supremacy. Really. But you may have to trust me on that, unless they decide to come out from the shadows. Something I really, really wish they would do.

Thanx.

Anonymous said...

Dying Democracies:

Both Marxism, because of it's heavy handed way of forcing labor and obedience; and Islaam because of its oppresive theocratic dogma, tend to be corrosive to the liberties that we find so delicious in democracies. All the countries of Europe, and Scandinavia, are experiencing encroachments by both of those infuences into their societies. Canada as well.

You guys are well versed in the iniquities of the USA, but are unaware of he horrors of Islaam. Regardless of your desires, I don't think that you could live in a Marxist society for two minuets. You would do much worse in Islaam. You should do some reading. Let's just over-look our dissagreements about the past. The threat that is just over the horizon is more ominous than any we have ever faced.

European Culture, because of a theocratic hegemonic agenda, unrestrained immigration, and a Muslim birth rate riveling rodents, is about to disapear. That's just math.

Add that to an Islaam armed with nukes, and you get to see the problem.

(You guys are suprisingly--no terrifyingly-- unaware of Islaam)

Here this lady will tell you:

http://switch5.castup.net/frames/20041020_MemriTV_Popup/video_480x360.asp?ai=214&ar=1050wmv&ak=null


Oh, Line Grunt:

I don't care who wants to marry whom. Marry your fucking toaster if you wish, just don't invite me over for breakfast.

I am an old school Liberal in the tradition of the Civil Rights marchers of the 1950,s. In fact I was one of those.

Remember, Liberals forced the King to sign the Magna Charta, and fought with John Brown at Harpers Ferry. These New Age lay-down-and-die Liberals are in deriliction of duty. The duty of every liberal is to destroy tyrany. (now don't tell me this is a tyrany, because it is not!)

I got to get some work done
doc

Anonymous said...

To Drmiltown:
Public law 87-297
Public Law 101-216
State Department Document 7277,
pg 340.
A National Strategy to Reduce Crime, Chapter 9(including Reagan's chicanery page 340, SDD 7277).
The National Advisory Commission on Criminal Justice and Goals (Richard Lugar and Arlen Sphincter)
The Master Set of Standards and Goals. (All States)
The Law Enforcement Assistance Administration instituted by the Omnibus Crime Control and Safe Streets Act of 1968 (AKA the Nazi Firearms Act of 1938 imported by Senator Dodd). Federal Pre-emption supercedes State Pre-emption. State Pre-emption was used to supercede city pre-emption of handgun control laws.

The definition of "handgun" is not a "pistol", it is any hand held firearm. Rifle, Shotgun or pistol.
Full Automatic Machine Gun or Semiautomatic or Manually Operated Repeater or single shot which uses "fixed" (single cartridge contained) ammuniton.

But what does some stupid fucking grunt know?

I am now an advertising copy writer and I have been threatened with prison by the Federal Protective Servce for harrassing public officials by demanding their obediance to the US Constitution. I was under the very mistaken impression that I had a First Amendment Right to publicly critisize Slurp at the Public Trough Trash at my good leisure.
I was under the very mistaken impression that I had a First Amendment Right to demand Redress for Grievances.
The Federal Protective Service, backed by the firepower of the "State" disagrees.

My money bets you will not get the truth from your FBI shooting pal simply because his paycheck and pension will disapear if he is truthful.

Sniper 0253, A 1st Bn 5th Mech Inf, 25th Inf Div, Vietnam and Cambodia 1970.

ilmjd

Anonymous said...

Weaz, look for another little spike up in the DOW and S&P before the next major decline resumes. The NAZ has probably already peaked.

ilmjd

Anonymous said...

Hey Line Grunt:

Did you know anybody from the 5th Ranger LRPS?

Anonymous said...

and do you go to the Ranger Reunion?

Anonymous said...

To Doc, I am not gay. I do not know any Rangers now days.

Communisim in the Soviet Union is making a comeback. Gorbachev's Peretrioska is a rehash of Stalin's New Economic Policy and hardline control will return, the dissidents will be rounded up and executed and totalitarianism will rein supreme in the very near future.

Anonymous said...

Grunt

did you know any


doc

Da Weaz said...

Can you please elaborate on the Utah oil reserve projections that you made? Confirmed reserves are FAR below that, and I'm not sure how you got any inferred stats. And I thought that the Canandian Tar Sands had oil, but greater than expected costs of extraction. But given the massive amount of cooked books on all oil field reserve amounts, what are you saying? That the oil crisis is not as bad as people think? In my opinion, its far worse, though admittedly this is not my field of expertise. Knowledge based on secondary or tertiary sources.

But agree with the anti-empire economic re-aligning going on, though agricultural substitution seems to be an unlikely Achilles' heel in the grand scheme of the American economy. Money issues seem far, far more pressing, as well as the obvious resource struggle that we're involved in.

But if you're trying to suggest a global world governance kinda thing based on economic hegemony and shared interests, sadly and disgustingly I kinda hafta concur.

But I do think that's where the rank and file Rethugs and dems differ from the Neo-Cons. The Neo-Cons want it all, and don't wanna share with no Francophiles, Germans, Russians, Japs, Chinese, Indians or Arabs. The former didn't give a shit, just so long as they were all quite filthy rich and running the show with the veneer of democracies and "free trade." Do ya get my drift? I kinda think you do, but most readers will not have a clue as to what we're talking about. Right?

Da Weaz said...

In fact, along the lines as to what I just mentioned, check the latest entry at weazl's friend, wayne madsen's website at:

http://www.waynemadsenreport.com/

Anonymous said...

"As far as the Patriot Act, and firearms, I will be meeting with an FBI dude that I shoot with. We have been doing martial arts and handgunning for 24 years. He will tell me THE TRUTH."

Oh man, this one made my day. :-)