Showing posts with label above the law. Show all posts
Showing posts with label above the law. Show all posts

Monday, August 13, 2012

How Citizens United Subverted the Rights of Real People and Created a Fascist State

by Len Hart, the Existentialist Cowboy

I've often written about the detailed and vivid account of A. Hitler's meeting with top German industrialists --Krupp, Thysen, I.G. Farben et al. It was in that meeting that German fascism was made real in terms of an agreement between the Reich and its 'fascist' sponsors, the huge corporations who would benefit from aggression, death and destruction.
The meeting may not have defined the word 'fascism' but it most certainly birthed a Nazi regime in which corporations were given and promised not only privileges but, most importantly, big juicy contracts.

From a lesser known source is another detailed description of the nature of Hitler's fascist partnership with big business:
"From now on, the government in Berlin will allocate large sums to industrialists so that each can establish a secure post-war foundation in foreign countries. Existing financial reserves in foreign countries must be placed at the disposal of the party in order that a strong German empire can be created after defeat. It is almost immediately required," he continued, "that the large factories in Germany establish small technical offices or research bureaus which will be absolutely independent and have no connection with the factory. The bureaus will receive plans and drawings of new weapons, as well as document which they will need to continue their research. These special offices are to be established in large cities where security is better, although some might be formed in small villages nears sources of hydroelectric power, where these party member can pretend to be studying the development of water resources for benefit of Allied investigators."

--Martin Bormann, Nazi in Exile, Paul Manning [PDF]
Some have said that the 'brand' of fascism now emerging in Western democracies, the U.S. in particular, is a completely new phenomenon. I disagree! The odious 'Citizen-United' decision, in which SCOTUS decreed that corporations were 'persons', is an open and odious declaration that a corporation may utilize its wealth, riches and privileges to enslave a population of 'real people' whose humanity is as self-evident as were the principles Thomas Jefferson had declared of 'real' persons in our own 'Declaration of Independence":
We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty, and the Pursuit of Happiness. That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed...
Earlier, John Adams had written of the same concepts in somewhat different words:
All men are born free and equal, and have certain natural, essential, and unalienable rights; among which may be reckoned the right of enjoying and defending their lives and liberties; that of acquiring, possessing, and protecting property; in fine, that of seeking and obtaining their safety and happiness.
Now, of course, we know that these rights extend to women as well. Surely --even our crooked court must understand that. Even so, the Roberts court cannot be trusted to defend the rights of men or women, or, indeed, the rights of REAL persons of any color, creed or sex. Our court cannot be trusted to uphold the law when it was respected. Nor does it recognize an even older and more venerable position: that governments derive their power, and rights of power from the peole who are ---alone --sovereign!

Friday, August 10, 2012

How to Resist Illegal Police Searches and Violations of the Fourth Amendment!

by Len Hart, The Existentialist Cowboy


Commit this to memory:
"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."

--Fourth Amendment, U.S. Constitution
Bottom line --unless the officer wanting to harass you, search your car, pester you or argue with you can PRODUCE a WARRANT issued by a judge that describes 'particularly' the article that you are suspected of possessing, you need not submit to any search whatsoever. You know that! The judge knows that! But 'hot dogs' cops either don't know it or don't care or both!

Most of the time, police must present their probable cause to a judge or majistrate, whom they ask for a search or arrest warrant. Information is reliable if it shows that it's more likely than not that a crime has occurred and the evidence sought exists at the place named in the search warrant, or that the suspect named in the arrest warrant has committed a crime.

The prohibition on unreasonable searches and seizures effectively restricts actions that cops may wish to take but cannot unless they get a warrant. Producing the probable cause is the responsibility of the police and it follows from the 'presumption of innocence'. That's not your problem! The fact is "unreasonable searches and seizures" are illegal if not authorized by a warrant and NO warrant shall be issued but upon 'probable cause'! Therefore, you are not required or expected to do the cop's job for them. An example of what cops are capable of occurred in Houston some 20 years ago. Cops, responding to a disturbance, arrested an hispanic Viet Nam war hero who was accused of creating a row in a bar.

He was beaten so badly by the cops that the jailer refused to admit him; he ordered the cops to take him to a hospital. Instead, they took him to a dimly lit area on Buffalo Bayou between downtown and the city's River Oaks/Memorial area. There they beat the holy hell out of him while shackled. Then they leveraged him out over the bridge and DUMPED him into the inky dark waters of Buffalo Bayou some 20 ft (or more) below.

He drowned and the cops --to Houston's credit --were made to stand trial for murder! They were convicted! I covered the trial.

What can one do to protect him/herself from rogue cops? There is no panacea, no magic wand. I do have some suggestions:
  • If you should get stopped by a cop who persists and despite not having a warrant FORCES a search upon you, get his badge number!
  • SUE him!
  • Demand that he be dismissed without pension!
  • FILE charges against him!
  • Sue either the city, the state, the district!
  • Sue the bastards!


Saturday, January 14, 2012

Support the Proposed Amendment that Would ABOLISH 'Corporate Personhood'

by Len Hart, The Existentialist Cowboy

I fully support a movement to enact a 28th amendment to the U.S. Constitution that rejects and will undo the recent SCOTUS decision 'creating people' of mere 'legal abstractions'. The idea that corporations ---mere legal abstractions --are people is insidious and endangers American Democracy. While 'real people' are held to the letter of the law and often imprisoned for wrong doing, the very purpose of 'corporate personhood' has had the effect, in practice, of placing 'corporations' above-the-law.

A proposed amendment would reverse the decision of the high court with respect to Citizens United v. Federal Election Commission. In a 5-to-4 vote, SCOTUS 'created' real people of mere corporations declaring that corporations have, among every Constitutional right, a right of 'free speech' under the First Amendment. It was declared that the government may not 'impose restrictions' on the political speech that corporations may indulge. As a result, corporations and other special interest groups are now given license to spend "unlimited amounts of money on elections." It was a green light to corporations: buy and/or support any candidate with as much money as you want to spend! The decision could not have been a bigger afront to Democracy, i.e, government of the people. Free speech is a right of people as affirmed by our founders. That corporations may now claim that right is simply fascism. Pure and simple!

The ORIGIN of 'corporate personhood' is found in an informal note from a CLERK: "The defendant Corporations are persons within the intent of the clause in section 1 of the Fourteenth Amendment to the Constitution of the United States, which forbids a State to deny to any person within its jurisdiction the equal protection of the laws."

The Equal Protection Clause, part of the Fourteenth Amendment to the United States Constitution, provides that "no state shall ... deny to any person within its jurisdiction the equal protection of the laws." Prior to this mere clerk's mere note, NO ONE had believed that the 14th amendment applied to anyone but real people. Nor does it now! Scalia's court blew it again! If Scalia had a last remaining vestige of conscience, he would confess that he 1) blew it; 2) admit that he is a bought and paid for tool; 3) RESIGN!

Monday, April 21, 2008

Bush's Conspiracy to Create an American Police State: Part VI, The government places itself above the law

By Len Hart, The Existentialist Cowboy

Bush's ascent to dictatorship began with a violent attack upon vote recounters in Florida. It was given an imprimatur of legitimacy with the disingenuous 5-4 decision of a conservative SCOTUS. A felonious, physical attack had the effect of stopping the court ordered recount of votes, a count that would have given the White House to Al Gore. Those events and the consolidation of near absolute power since are simply the most visible characteristics of a stunning coup d'etat consolidated quickly in the aftermath of what many believe to have been a false flag attack upon the US: 911!

Since these events, the Bush path to a totalitarian dictatorship has been by the Nazi playbook and Herr Goebbels guidebook to Nazi propaganda. The Bush rise to power is nothing new. No one ever accused Nazis of being imaginative or innovative. The following is just another variation on a theme that Herr Hitler would have recognized.
  • A Stolen Election
  • A False-Flag Attack
  • A War Begun Upon a Pack of Lies
  • Rule by Decree
  • Suspension of Habeas Corpus
  • The Unitary Executive
  • Bush Becomes the 'State'
Our nation is now left with a stark choice: either force from office an illegitimate usurper or forever lose the Democratic Republic. By arrogating unto himself the powers of an absolute dictator, Bush has simply made it impossible to unseat him peaceably and, as Nancy Pelosi infamously declared: impeachment is off the table! Few, if any, peaceful options remain. If power can be seized in a coup d'etat, perhaps, it will be taken back as well.
But if a coup does not use warfare or a mass uprising to seize control, then where does it get the power to do so? "The short answer," Luttwak says, "is that the power will come from the state itself... A coup consists of the infiltration of a small but critical segment of the state apparatus, which is then used to displace the government from its control of the remainder." 5

Normally, a coup does not seek to destroy the basic structure of the existing government, which is more typical of a revolution or a war for liberation. Instead, Luttwak explains, those undertaking a true coup d'etat "want to seize power within the present system, and [they] shall only stay in power if [they] embody some new status quo supported by those very forces which a revolution may seek to destroy." 6 (Emphasis in original.)

In other words, the coup takes advantage of the governmental structure itself, as well as the bureaucratic nature of modern governments. There is an established hierarchy, an accepted chain of command, and standard procedures that are followed when instructions come down this pipeline. So long as the instructions come from the appropriate source or level of authority, they will almost always be followed even if from a new, and illegitimate, holder of that authority.

Luttwak explains that a coup "operates by taking advantage of this machine-like behavior: during the coup because it uses parts of the state apparatus to seize the controlling levers; afterwards because the value of the 'levers' depends on the fact that the state is a machine." 7

Thus, by gaining control over a few carefully selected pivotal points of power within the government bureaucracy, the plotters of the coup can effectively gain control over the entire "machine" of state.

During the presidential election, the key pivot points proved to be quite limited in number, not to mention patently obvious. The first was the state government of Florida, the second the US Supreme Court. But of course, every puppet needs a puppeteer.

--John Dees, Coup 2K
Dees was among the pioneer "whistle-blowers" of the election debacle in Florida which was followed by the infamous Bush v Gore
The Constitution assigns to the States the primary responsibility for determining the manner of selecting the Presidential electors. See Art. II, §1, cl. 2. When questions arise about the meaning of state laws, including election laws, it is our settled practice to accept the opinions of the highest courts of the States as providing the final answers. On rare occasions, however, either federal statutes or the Federal Constitution may require federal judicial intervention in state elections. This is not such an occasion.

--Justice Stevens, with whom Justice Ginsburg and Justice Breyer join, dissenting, Bush v Gore
Gore won the popular vote in 2000 and had not Scalia, Thomas, Rehnquist, Kennedy and O'Connor intervened, the nation would have been spared the tragic ascension of GWB to the White House. The justices acted just in time to prevent our really knowing the truth when it really counted, that is, who really should have gotten that state's Electoral votes. Antonin Scalia had said that continuing a recount of all the votes would be harmful to Bush.
Counting the votes would threaten irreparable harm to petitioner, and to the country, by casting a cloud upon what he claims to the legitimacy of his election. Count first, and rule upon legality afterwards, is not a recipe for producing election results that have the public acceptance democratic stability requires.

--Antonin Scalia
First of all --it was not the 'legality' of the election but the conduct of GOP partisans and brownshirts who cast doubt upon the process itself. Secondly, the candidate who gets the fewer number of votes is supposed to lose! Scalia forever stained the high court, disgraced his office and became a political tool. His tortured logic enabled a felonious coup d'etat. Americans are still paying the price.

Thus --Bush's coup d'etat was hardly a velvet revolution. It was, rather, a violent overthrow of legitimate government in which Bush 'brownshirts', paid thugs, and white coller criminals, were organized, paid, and trucked to Florida for the purpose of shutting down a legally mandated recount of all the votes.
In Florida, the Bush campaign quietly organized "rent-a-rioters" and flew them to Florida from all over the country. While disingenuously portraying the protests as "spontaneous grass-roots efforts," the Bush campaign sent special squads of GOP Congressional staffers who, in several instances, led violent attacks on Democratic observers, smashed windows, and tried to force their way into vote-counting rooms. This was not civil disobedience intended to show disagreement, but a concerted attack designed to threaten and intimidate. 38

Shortly after the election, the Bush campaign began a two-pronged program to import as many protesters into Florida as they could. The first prong was done openly: phone-trees reached out across the country to coax party loyalists to head down and fight Al Gore's "theft" of the election. This much is standard political fare. What was unusual was the more discreet second prong.
Under the direction of House Republican Whip Tom DeLay (of Texas, mind you), staff members of GOP Congressmen were quietly approached with offers of all-expenses-paid trips to Florida, "all paid for by the Bush campaign." 39 In addition to staying in swanky beach-side hotels, part of their reward would be an exclusive Thanksgiving Day party in Ft. Lauderdale.

According to the Wall Street Journal, more than 200 Congressional staffers signed on, with many of them staying in Florida for over a week. "Once word leaked out," said one GOP operative, "everybody wanted in." 40

Of course, the law prohibits Congressional staffers from participating in partisan political activities on "company" time. However, the rules allow them to "go on vacation" or declare themselves on "temporary leave" at a moment's notice. Their marching orders came from their bosses, but officially they were simply "private citizens" (albeit on the Bush campaign's tab).

Once on the scene, high-level coordination was done as secretly as possible. The Wall Street Journal described the "air of mystery to the operation," noting that daily instructions were issued in the form anonymous memos slipped under hotel-room doors late at night. One aide told the paper, "To tell the truth, nobody knows who is calling the shots." 41

On the streets, operations were coordinated from a motor home decorated with Bush-Cheney campaign shwag, like many others parked nearby. The mobile command center was kept a block or so away from the center of the protests, far enough to lay low but close enough for instant access. The protesters were brought to the scene in specially rented busses. Party operatives used bullhorns to shout inflammatory rhetoric, passed out t-shirts and leaflets, and generally kept things heated.

The first GOP riot occurred in Miami on November 22. 42 In command were some 75 members of the "Congress Gang," who floated in and out of the mobile home a block away where the votes were being counted.

NY Rep. John Sweeney, who was observing the recount, gave the order to "shut it down." 43 Within minutes, an angry mob filled the halls of the government building, screaming threats with their fists in the air. Leading the mob, clearly visible in news footage and photographs, were a number of the staffers in the "Congress Gang."
Panicked sheriff's deputies tried to close the doors leading to the counting area. The protesters responded by pounding on the doors and the large window looking in on the besieged canvassers. The glass bulged under the strain.

Joe Geller, the chairman of the local Democratic Party, decided wisdom was the better part of valor. He shoved some papers and a standard blank sample ballot into his brief case and tried to get away. Someone shouted that Geller was "stealing a ballot," and the mob leapt into hot pursuit. Once on the street, Geller was surrounded. He was beaten and kicked as he tried to shield himself with his arms. Finally, local police waded into the crowd and after a considerable struggle managed to extract Geller in one piece. 44

Back inside, other Democrats were attacked. Party spokesman Luis Rosero was shoved, punched and kicked when cornered outside the election supervisor's office. Even Congressman Peter Deutsch was "manhandled." Then word came that 1,000 Cuban-Americans were on their way to join the fray, egged on by the most influential Spanish-language radio station, Radio Mambi.

To stave off a full-fledged lynching, the canvassing board announced the counting would be re-opened to the public. Sheriff's deputies had to escort the three terrified counters back into the public recount area. Meanwhile, the local election board held a private meeting in more secure quarters. When they emerged, they announced exactly what the mob wanted: the recount would be stopped altogether, and the original results from Nov. 7 would be certified. The Miami-Dade election supervisor, David Leahy, initially admitted that the attacks had played a part in their decision to stop the count. "If what I'd envisioned worked out," he said at the time, "and there were no objections, we'd be up there now counting." 45 Later, he denied the protests had been a factor.

With their work done in Miami, the motor home and its troops moved on to Broward County, where they were joined by about 20 other Congressional staffers who were already on the scene. The promised Cuban-American activists also arrived, many of whom were members of the Cuban American National Foundation, a right-wing organization with documented ties to the CIA.

Security was much heavier in Broward, in part because of the Miami riot that had just been broadcast live on CNN. As a result, the protests there were extremely vocal and sometimes tense but, judging from the available press reports at least, no one was physically assaulted. However, the local Democratic Party Headquarters was surrounded and at one point a brick was thrown through its window.
Other "Congress Gang" platoons were sent to Fort Lauderdale, and some of the same Congressional staffers were also involved in a tense confrontation with Democratic volunteers in West Palm Beach. The group, which included Rev. Al Sharpton, was cornered while trying to retrieve some campaign signs. Things got quite tense and heated words were exchanged, but no violence erupted.
In the end, the secret GOP effort was so successful that at many demonstrations, GOP protesters outnumbered Democratic supporters 10 to one.

When it was all over, the Republican rent-a-rioters got their lavish Thanksgiving Day party, with plenty of free food and booze. Wayne Newton crooned "Danke Schoen" for the crowd, until screaming female fans stormed the stage. "Danke schoen, darling, danke schoen. Save those lies, darling, don't explain...." 46 But the real highlight of the evening was a conference call from Bush and Cheney. Instead of chastising the goon squad for their violent tactics, the candidates thanked them for their work. They even cracked mocking jokes about their rivals. 47
The judicious application of "spontaneous" protests and mob violence has always been a key feature of CIA destabilization. Such operations help put political pressure on the target, make for good TV propaganda, and are sometimes used to intentionally provoke a crackdown that is then widely publicized, often through journalists on the Agency payroll.

For example, the CIA's plan for the 1953 coup in Iran called for "stage[d] political demonstrations under religious cover," to include "staged attacks" on Muslim religious leaders which would then be falsely blamed on the Mossadegh government. 48

In their Chilean operations against Salvador Allende during the early '70s, one of the CIA's greatest propaganda victories was "The March of Empty Pots." Thousands of women marched through the streets banging empty cooking pots with ladles to protest food shortages. In reality, the shortages were artificially induced through a secret campaign of economic sabotage coordinated by the CIA along with ITT, Anaconda Copper and other multinationals. Many of the marching "housewives" were actually the spouses of wealthy anti-Allende partisans who were suffering little. Armed fascist gangs backed by the CIA marched along with the women, then provoked violent clashes with the police. Stories of police "attacking women with empty pots" flooded the world press. Dozens of other protests were organized by CIA front groups in order to artificially escalate tensions and portray Allende as having little support or control. 49
In 1990, during Bulgaria's first post-Communist elections, professional agitators, backed by millions in covert financing from the US, organized massive street protests that ultimately succeeded in unseating the duly elected government. Even though the renamed Communist party had won the overwhelming majority in voting which western observers on the scene widely agreed had been fair, the US (through the CIA) used the mobs to intimidate and ultimately hound officials from office. 50

Not coincidentally, one of the senior members of the Bush administration who coordinated the Bulgarian action was none other than James Baker – the man who spearheaded the Bush campaign's post-election response to Gore's challenges in Florida. 51

--John Dees, Coup 2K"Spontaneous" Mob Violence
In the aftermath of coup 2k Bush would opine: 'this would be a whole lot easier if this were a dictatorship!' In the aftermath of 911, Bush would issue yet another example of what passes for wit among GOP conspirators and traitors: "Lucky me, I just hit the trifecta!" In fact, his regime had begun working on an attack and invasion of Iraq eight months before 911. [See: Bush Sought ‘Way’ To Invade Iraq]. Dick Cheney, likewise, had already formed and convened his National Energy Policy Development Group in which the rich oil fields of the Middle East were carved up among the robber barons of big oil. [See Enron: What Cheney Knew; also: John Dean: GAO's Final Energy Task Force Report Reveals that the Vice President Made A False Statement to Congress; Task Force Map of Iraq Oil Fields]
At some point, the Bush administration anticipated the opposition to a war about which he lied: Saddam had no weapons of mass destruction nor had he ties to Bin Laden --a near mythical creation of al Qaeda, itself a creation of the American CIA. Like all incipient dictatorships, Bushco would find it expedient to use against US citizens measures it claimed would be directed only at 'terrorists'. Here's the 'gotcha': a 'terrorist' is whatever and whomever Bush says is a 'terrorist'. Again --Bush would find himself at odds with a 'goddamned piece of paper'.
The Constitution forbids the government from arresting and holding people in the United States without "due process of law." Nonetheless, Bush has claimed the power as commander in chief to designate people as "enemy combatants" and imprison them indefinitely without filing charges.

In 2002, US citizen Jose Padilla was arrested at Chicago's O'Hare International Airport and held in military brigs for nearly three years. Civil libertarians said that was unconstitutional. His case had been heading toward the Supreme Court; the administration recently brought criminal charges against him, thereby thwarting a clear ruling on the issue.
In the past, Congress has ratified treaties pledging that the United States and its agents will not use torture or inhumane treatment against captives. Once ratified, treaties become part of American law, according to the Constitution.

But before this week, the White House maintained that the laws and treaties did not bind the president in handling terrorist leaders. White House lawyers wrote memos that appeared to justify the use of extreme measures - which critics called torture - in interrogating suspected terrorists.

Civil libertarians say the latest revelations add to their frustration with the Bush administration. "If we are a nation of laws, then the president must be bound by the rule of law," said Lisa Graves, senior counsel at the ACLU in Washington.

-- '78 Law Sought to Close Spy Loophole, David G. Savage, The Los Angeles Times
It was all entirely too convenient for a known liar (called 'shiftless' by Ronald Reagan) , a man who had stated that not only was the Constitution a 'goddamned piece of paper', 'this would be a whole lot easier if this was a dictatorship!'.
Washington - In 1978, Congress thought it had closed a loophole in the law when it passed the Foreign Intelligence Surveillance Act. The loophole concerned secret spying authorized by the president on grounds of national security.

On Friday, many in Washington were surprised to learn that despite the 1978 law, President Bush and his advisors had claimed the power to authorize secret spying within the United States.

The New York Times reported that Bush had authorized the National Security Agency to listen in on the phone calls of thousands of people in this country without getting permission from a court. Bush's lawyers maintained that the president had the inherent authority as commander in chief to protect national security through secret spying. The account was confirmed by the Los Angeles Times.

A President Above the Law
A government that robs you of the right to privacy can likewise arrest you in secret, deny you Due Process of Law, Habeas Corpus, the right to legal counsel, the right to make a phone call. In short, Bush has arrogated unto himself and by extension his toadies in the 'administration', the absolute powers of a police state.
The privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.

--US Constitution
Bush simply decreed that Habeas Corpus be suspended, though there is no rebellion nor is there an invasion and, in any case, the power to suspend Habeas Corpus, is not consigned by the Constitution to the 'President' whose only sworn duty is to uphold and defend the Constitution.

911 was not an invasion even if it had not been an inside job. But there is, in any case, no evidence to support Bush's absurd fairy tale about '19 arab hijackers' and, even if it were true, it hardly amounted to an invasion.

FBI Director Robert Mueller admitted that the FBI had no evidence to link the 19 'Muslim men' who have apparently disappeared --neither on the autopsy list or the original 'official flight manifests'. In speech to the Common Wealth Club in San Francisco on April 19, 2003, Mueller stated that the purported hijackers 'left no paper trial'. "In our investigation", he said: "we have not uncovered a single piece of paper - either here in the United States or in the treasure trove of information that has turned up in Afghanistan and elsewhere - that mentioned any aspect of the Sept. 11 plot." That's because the plot to pull off 911 originated inside the White House. There is enough probable cause right now to indict Bush and Cheney on that very charge.

An event all but forgotten now, overshadowed by the calamitous war against Iraq and the economic ruin brought upon the nation by the Bush administration, had the effect of bullying Congress and the media just as Congress had stalled key portions of Bush's Patriot Act. As the the following sequence of videos from the History Channel and CBS News, the FBI has been implicated in the 1993 bombing of the World Trade Center.

The anthrax attacks occurred over the course of several weeks beginning on September 18, 2001. Anthrax spores in letters mailed to several news organizations and two Democratic U.S. Senators, including Senate Majority Leader Tom Daschle, killed five people and infected 17 others. The crime --perpetrated by the government of the US on its own citizens --remains unsolved. A government that wages war upon its own citizens is guilty of high treason!

The US attack on Iraq is a war of naked aggression. US 'public safety' was never threatened in any way by Saddam Hussein, in fact, a US puppet, a Bush stooge propped up by the US until he would no longer go along with US imperialist schemes. Saddam was, in fact, lured into invading Kuwait and we have a transcript of his interview with US Ambassador April Glaspie to prove it.

The US Becomes The World's Biggest Terrorist Nation

Bush seemed to have everything going his way toward his vision of the 'Absolute State'. An ominous decision by Federal judge David Trager [March 13, 2006] said the United States can violate international laws, presumably international conventions to which the US is bound by treaty, most notably the Geneva Convention. The case involves a lawsuit filed by Canadian citizen, Maher Arar. He had been kidnapped by CIA agents during a stopover at Kennedy Airport. In his decision, Federal District Judge David Trager dismissed a lawsuit brought by Arar challenging his arrest, detention, and torture.

According to Nat Hentoff's column, Liberty Beat, Arar was flown to Syria where he was held in solitary confinement and tortured:
... in a three-by-six-foot cell ("like a grave," he said). He became, internationally, one of the best-known victims of the CIA's extraordinary renditions—the sending of suspected terrorists to countries known for torturing their prisoners.

The Torture Judge
Arar, subsequently released, has not been charged with a crime —by Syria or the United States, which refuses to cooperate with any investigation. The Canadian Parliament, however, has begun an investigation to include a public inquiry.

The implications of this case are enormous. If Judge Trager's ruling is allowed to stand, American officials will have a "....green light to do to others what they did to Arar." Any crime could then be committed in the name of national security.
Judge Trager's decision is a transparent circular argument, most often found in the decisions of Antonin Scalia. Trager maintains that any other ruling would have the "...the most serious consequences to our foreign relations or national security or both." In other words, Trager has not ruled upon law, but upon expediency. His primary consideration is not what is legal or what is not but rather, what is "convenient" to those agencies otherwise bound to operate within the U.S. Constitution. He has said, in effect, that even a judge must acquiesce in the commission of state crimes —for convenience! They must acquiesce not by or for law —but for convenience!

The Government Denies 'Due Process of Law' In more enlightened times, 'liberals' found some relief in an independent judiciary. But as the concept of "Separation of Powers" is given a NeoCon treatment by other activist conservative judges, there remains little refuge in the letter of the law.
...the coordinate branches of our government [executive and legislative] are those in whom the Constitution imposes responsibility for our foreign affairs and national security. Those branches have the responsibility to determine whether judicial oversight is appropriate.
The Federal Judiciary since Marbury v Madison has always determined when judicial oversight is appropriate. This decision, if left to Bush, consolidates his power grab and subverts the separation of powers. Individual American citizens are hereinafter left no due process of law, no presumption of innocence, no right to counsel. If Bush but deems you a 'terrorist', you don't get a phone call and you may not even be told the charges against you. In the vernacular: you're totally fucked!

Before a stunned nation could recover from 911, Bush moved decisively against the 'freedom' that he had claimed terrorists had 'just hated'. It was clear, however, that the victims of Bush's power grab would be law abiding, ordinary US citizens but primarily those who oppose him politicially.
Tens of thousands of political opponents and ordinary citizens have been subjected to arbitrary arrest and imprisonment, summary execution, and torture by beating and burning, electric shock, starvation, mutilation, and rape. Wives are tortured in front of their husbands, children in the presence of their parents -- and all of these horrors concealed from the world by the apparatus of a totalitarian state.

George W. Bush, United Nations General Assembly, September 2002
Please note: Bush was not talking about U.S. Abu Ghraib tortures. These were allegations he made against the Hussein regime. But —one wonders: what difference does it make to an Iraqi citizen if he is tortured by Saddam or by Bush? If I am an innocent civilian, what difference does it make to me whether I am summarily executed by Saddam or by Bush?

Bush asserts that wartime and "inherent powers" give him all the legal authority he needs to conduct widespread domestic surveillance of U.S. citizens at home or abroad. In the meantime, the Congress has seen fit to renew the Patriot Act which now includes a little known provision that creates a U.S. "Gestapo" —a new federal police force that will enforce Bush's blatant violations of the Constitution, specifically the Fourth Amendment. Sec. 605 reads:
'There is hereby created and established a permanent police force to be known as the "United States Secret Service Uniformed Division."'

U.S. Patriot Act, Sec. 605, Powers, authorities, and duties of United States Secret Service Uniformed Division
An excerpt:
...officers of the Secret Service Uniform Division will "carry firearms" (sec. 3056A (b)(1)(A)) and be authorized to make arrests without warrant for any offense against the United States committed in their presence, or for any felony cognizable under the laws of the United States if they have reasonable grounds to believe that the person to be arrested has committed or is committing such felony" (sec. 3056A (b)(1)(B))
Please note: the statute establishes "reasonable grounds"! That, in itself, violates the Constitution which establishes as the standard "...probable cause", not "reasonableness". Read the Constitution.
The Constitution is just a goddamned piece of paper!

—George W. Bush
The language of this provision, slipped into the "new and improved" Patriot Act, will allow authorities to haul demonstrators to jail on felony charges for merely breaching an arbitrary perimeter. What's really Orwellian is that this United States Secret Service Uniformed Division (SSUD) may be operational already.

Bush's weltanschauung is and has been harmful to this nation; it has been harmful to this nation's legal underpinnings; it has been harmful to the world.
One of the most interesting and harmful delusions to which men and nations can be subjected, is that of imagining themselves special instruments of the Divine Will.
—Bertrand Russell, Ideas that Have Harmed Mankind

And elsewhere in that essay, Russell wrote:
The world at the present day stands in need of two kinds of things. On the one hand, organization - political organization for the elimination of wars, economic organization to enable men to work productively, especially in the countries that have been devastated by war, educational organization to generate a sane internationalism. On the other hand it needs certain moral qualities the qualities which have been advocated by moralists for many ages, but hitherto with little success. The qualities most needed are charity and tolerance, not some form of fanatical faith such as is offered to us by the various rampant isms. I think these two aims, the organizational and the ethical, are closely interwoven; given either the other would soon follow.
As I write, Bush will most certainly assume even more powers of a dictator. See:
Joseph Story's Commentaries on the Constitution
An excerpt:
§ 1486. Yet the clause did not wholly escape animadversion in the state conventions. The propriety of admitting the president to be commander-in-chief, so far as to give orders, and have a general superintendency, was admitted. But it was urged, that it would be dangerous to let him command in person without any restraint, as he might make a bad use of it. The consent of both houses of congress ought, therefore, to be required, before he should take the actual command.2 The answer then given was, that though the president might, there was no necessity, that he should, take the command in person; and there was no probability, that he would do so, except in extraordinary emergencies, and when he was possessed
The Congressional leadership was intimidated with US Military Grade Anthrax. Congress has not been worth the space it takes up since. Had Bush been clever, smart, cunning, the loss of American Democracy might not have been tolerable but, at least, understandable. But it is still hard to believe that the powers of an 'absolute state' have come to reside in a drooling, pretzel/coke snorting cretin with an IQ barely that of a moron! It is a turn of events simply unimaginable, unforgivable and unfathomable!

No admirer of Ronald Reagan, I have nevertheless found the former President's comments with regard to Bush very interesting as characterized in the satirical My Lunch with Ronald Reagan.
‘A moment I’ve been dreading. George brought his ne’re-do-well son around this morning and asked me to find the kid a job. Not the political one who lives in Florida. The one who hangs around here all the time looking shiftless. This so-called kid is already almost 40 and has never had a real job. Maybe I’ll call Kinsley over at The New Republic and see if they’ll hire him as a contributing editor or something. That looks like easy work.’
Satirical or no --it is an opinion that appears to be shared by the former President's son.
"My father crapped bigger ones than George Bush," says the former president's son [Ron Reagan], in a flame-throwing conversation about the war and the Bush administration's efforts to lay claim to the Reagan legacy. "The big elephant sitting in the corner is that George W. Bush is simply unqualified for the job... What's his accomplishment? That he's no longer an obnoxious drunk?"
--
"It was on another occasion, at the house of Heinrich Hoffmann, his photographer friend, that I started playing some of the football marches I had picked up at Harvard. I explained to Hitler all the business about cheer leaders and marches, counter-marches and deliberate whipping up of hysterical enthusiasm. I told him about the thousands of spectators being made to roar 'Harvard, Harvard, Harvard, rah, rah, rah!' in unison and of the hypnotic effect of this sort of thing. I played him some of the Sousa marches and then my own Falarah, to show how it could be done by adapting German tunes, and gave them all that buoyant beat so characteristic of American brass-band music. I had Hitler fairly shouting with enthusiasm. "That is it, Hanfstaengl, that is what we need for the movement, marvellous," and he pranced up and down the room like a drum majorette. After that he had the S.A. band practising the same thing. I even wrote a dozen marches or so myself over the course of the years, including the one that was played by the brownshirt columns as they marched through the Brandenburger Tor on the day he took over power. Rah, rah, rah! became Sieg Heil, Sieg Heil! but that is the origin of it and I suppose I must take my share of the blame."

Hanfstaengl, Hitler: The Missing Years, p.51


Monday, February 11, 2008

Bush's Unitary Executive Ends the Rule of Law, the Constitution, the Bill of Rights and the Separation of Powers

Bush has decreed his "long term plan" for Iraq, committing the US, without Congressional authority, to a permanent presence. His decree is a poke in the eye to the public, the congress, the rule of law! Bush believes himself to be above the rule of law, the authority of Congress and the courts. When England was confronted by Charles I, a monarch who likewise presumed to be above Parliament, the English simply marched Charles out onto an improvised platform at the Banqueting House in Whitehall where they proceeded to chop off his head!
President Bush's plan to forge a long-term agreement with the Iraqi government that could commit the US military to defending Iraq's security would be the first time such a sweeping mutual defense compact has been enacted without congressional approval, according to legal specialists.

After World War II, for example - when the United States gave security commitments to Japan, South Korea, the Philippines, Australia, New Zealand, and NATO members - Presidents Truman and Eisenhower designated the agreements as treaties requiring Senate ratification. In 1985, when President Ronald Reagan guaranteed that the US military would defend the Marshall Islands and Micronesia if they were attacked, the compacts were put to a vote by both chambers of Congress.

By contrast, Bush and Iraqi Prime Minister Nouri Al-Maliki have already agreed that a coming compact will include the United States providing "security assurances and commitments" to Iraq to deter any foreign invasion or internal terrorism by "outlaw groups." But a top White House official has also said that Bush does not intend to submit the deal to Congress.

--Boston Globe, Bush plan for Iraq would be a first

I had wondered why I am so bored with the primary process, this field of candidates, the coverage, the speeches, what passes for debate. I am bored because it's all as beside the point as the medieval debate about how many angels can dance on the head of a pin! It might as well have been scripted and given what I've learned about political consulting --it is scripted! I've heard all the talking points in focus groups. I can predict every question and every answer. This 'election' is for show! This election is a sop to those who have not gotten the news: American Democracy is over. Bush rules by decree. If he should decide to hang around, who's 'gonna' throw him out? The Military? Nope! The Congress? Nope! The Supreme Court? Stop me! My sides are hurting!

Everyone is just playing their roles. It is as if the candidates of both major parties had a conference and decided: we won't talk about how George W. Bush has ended, perhaps forever, the rule of law in the United States. Constitution: R.I.P! You won't know what you had until it's gone.

Unless something is done, you will just have to get used to more stories about how innocent folk get tasered, jailed, or roughed up for daring to practice 'free speech'. Get used to a permanent US presence in Iraq! Get used to Bush's evil smirk! Get used to GOP bullshit! Get used to being spied on at the mall, in your car, even at home with devices that can literally see through walls. Those devices exist.

Everyone, it seems, from Bill Maher on Larry King Live to Virginia Tech Professor Theodore Fuller, believes Bush will be remembered as the very worst President in US history. Fuller's list includes the perpetual nature of Bush's obvious failure in Iraq. It includes Bush's failure to reform Social Security, though I am suspicious of efforts to "reform" what is, in fact, the Government's only success story. What I have not heard except via the 'blogosphere' is why! The 'why' should top the list and should have been blazened atop every major daily in the nation. Instead, the truth is whispered if at all: Bush destroyed the very concept of the "rule of law" and, more specifically, "Due Process of Law" because he is the tool of America's moneyed 'elite'.
It's not that they lied about justifications for war, but in their failure to allow oversight into the processes that produced those lies. It's not in the firing of federal attorneys and the refusal to substantiate the firings, but in the pure partisanship of their actions. It's not their countless refusals to comply with subpoenas from Congress or Freedom of Information Act from the people, but in their arrogated stance, setting themselves above the requirements themselves.

Once when challenged for his unwillingness to submit to the rule of law in an obvious snub of the Constitution, Bush screamed, "Stop throwing the Constitution in my face. It's just a goddamned piece of paper!"

And thus our Constitution has now become what Bush has made it. This annihilation of the foundational document of our republic was orchestrated by a president who swore an oath of honor to protect it, a devout Christian who promised to restore honor and integrity to the Oval Office.

Congress, in its acquiescence and subservience, is equally culpable. When Speaker of the House Nancy Pelosi announced, "impeachment is off the table," she not only absolved Bush of all previous transgressions but paved a figurative superhighway for any to come. There's a reason Congress's approval ratings are even lower than the administration's.

--Michael Abraham, Bush's legacy is the end of law

Bush could not have put himself above the law without help from Republicans of all stripes as well as timely betrayals and sellouts by key Democrats. Without effective opposition, Bush-Cheney have enabled a "unitary executive"! A dubious doctrine without precedent in American history, it is the belief that the "President" is above regulation, above oversight or supervision, above the decisions of the courts, including the Supreme Court, above laws passed by Congress, above all responsibility to the people.
"[Since Watergate] I have repeatedly seen an erosion of the powers and the ability of the president of the United States to do his job. ... One of the things that I feel an obligation [to do] ... is to pass on our offices in better shape than we found them to our successors."

--VP Dick Cheney, [Interview with Cokie Roberts] New York Times, Recent Flexing of Presidential Powers Had Personal Roots in Ford White House, SCOTT SHANE. January 2002,

I submit to Bush, Cheney, their NEOCON base, the Republican party, and assorted enablers inside the Democratic party that this "doctrine" is utter bullshit! Not even European monarchs --at the very height of their power and influence --could boast or wield such power.

It is ironic that at the height of his "power", Bush is among the least popular "Presidents" in American history. What then is the source of his power? Bush, addressing a gathering of well-heeled Republicans and other representatives of corporate power called them "his base". And --so they were. 'They' are an increasingly tiny elite which alone benefits from GOP tax cuts and the enrichment of the Military/Industrial complex.
The influence of the cabal begins at Yale, where Skull and Bones has appropriated university funds for its own use, leaving the school virtually impoverished. Skull and Bones' corporate shell, the Russell Trust Association, owns nearly all of the university's real estate, as well as most of the land in Connecticut. Skull and Bones has controlled Yale's faculty and campus publications so that students cannot speak openly about it. "Year by year," the campus's only anti-society publication stated during its brief tenure in 1873, "the deadly evil is growing."

The year in the tomb at Yale instills within members an unwavering loyalty to Skull and Bones. Members have been known to stab their Skull and Bones pins into their skin to keep them in place during swimming or bathing. The knights (as the student members are called) learn quickly that their allegiance to the society must supersede all else: family, friendships, country, God. They are taught that once they get out into the world, they are expected to reach positions of prominence so that they can further elevate the society's status and help promote the standing of their fellow Bonesmen.

--Alexandra Robbins, George W. Bush and the Brotherhood of Death, 'Secrets of the Tomb' Skull and Bones, the Ivy League, and the Hidden Paths of Power

The movies have discovered Skull and Bones. The most recent entry, The Good Shepherd, directed by Robert de Niro, explores a symbiotic relationship between Yale's super secret Skull and Bones and the equally secret CIA. Another thriller advertises itself with a Hollywood logline: A secret society so powerful, it can give you anything…at a price., the subtitle to The Skulls, a new thriller by Rob Cohen.

Interestingly, both CIA and Skull and Bones are called "brotherhoods". Both apparently control those inside by compromising them. Both exhibit all the characteristics of kooky cults. In all, the individual is subordinated to the group. The Faustian term for this is "selling your soul". There are more prosaic descriptions but none as accurate. Both "Skull and Bones" and its ally, the CIA, are evil cults. [See: Ronald Reagan is Still Dead!, and The Role of the Psychopath in the Generation of Global Evil]

The Good Shepherd is an Academy Award-nominated 2006 film directed by Robert De Niro and stars Matt Damon and Angelina Jolie. The main story lines are credible and set against historical events. If it is not literally "the untold story of the birth of counter-intelligence in the Central Intelligence Agency", it is most certainly true in terms of the relationship of Skull and Bones to the CIA and in terms of the evil, pernicious effects both have had on the US, indeed, the world!

The film is most powerful when it traces the common origins of the CIA and the Skull and Bones and compares the dark results of both. I defy any rational person not a part of either cult to watch this movie and resist the conclusion that both the CIA and the Skull and Bones are evil organizations, cults in fact, that have harmed this nation, the people, the rule of law, and civilization itself. Down with both!

The following is a video playlist beginning with a trailer for the film "The Good Shephard", followed by two clips from a well-sourced documentary series exposing the Skull and Bones cult, and, at last, "We Do", the Simpsons brilliant lampoon at every cult from Bilderberg, Tri-Lateral Commission, to Skull and Bones:

An addendum: writer Alexandra Robbins recalls her 'encounter' with a bonesman.
"Who controls the British crown?"

"Who keeps the metric system down? "

"We do! We do. . . "

" Who holds back the electric car? Who makes Steve Guttenberg a star? We do! We do. "

Certainly, Skull and Bones does cross boundaries in order to attempt to stay out of the public spotlight. When I wrote an article about the society for the Atlantic Monthly in May 2000, an older Bonesman said to me, “If it’s not portrayed positively, I’m sending a couple of my friends after you.” After the article was published, I received a telephone call at my office from a fellow journalist, who is a member of Skull and Bones.

He scolded me for writing the article—”writing that article was not an ethical or honorable way to make a decent living in journalism,” he condescended —and then asked me how much I had been paid for the story. When I refused to answer, he hung up. Fifteen minutes later, he called back.

“I have just gotten off the phone with our people.” “Your people?” I snickered.
“Yes. Our people.” He told me that the society demanded to know where I got my information.

“I’ve never been in the tomb and I did nothing illegal in the process of reporting this article,” I replied.

“Then you must have gotten something from one of us. Tell me whom you spoke to. We just want to talk to them,” he wheedled. “I don’t reveal my sources.”
Then he got angry. He screamed at me for a while about how dishonorable I was for writing the article.

“A lot of people are very despondent over this!” he yelled. “Fifteen Yale juniors are very, very upset!” I thanked him for telling me his concerns.
“There are a lot of us at newspapers and at political journalism institutions,” he coldly hissed. “Good luck with your career”—and he slammed down the phone.

--Alexandra Robbins, Secrets of the Tomb

Timely updates: Just recently, Northcom, announced on their web site its readiness to implement martial law in the US.
USNORTHCOM’s official response to Commission on National Guard and Reserves Final Report

February 1, 2008

PETERSON AIR FORCE BASE, Colo. -- U.S. Northern Command’s primary mission is Homeland Defense, and the command stands ready to respond to any homeland defense or civil support mission requirement.

“The U.S. military absolutely has the capacity to respond to potential threats within our nation today. It will get better in this coming year and continue to improve beyond that,” said Gen. Gene Renuart, USNORTHCOM commander.

Established in 2002 as a result of the 9/11 terrorist attacks, USNORTHCOM has dramatically expanded DoD’s focus on all aspects of Homeland Defense, including planning and exercising, as well as organizing new headquarters and units that are specifically tailored for domestic response.

...

---USNORTHCOM’s official response to Commission on National Guard and Reserves Final Report
Hannity’s Afternoon Meltdown

Boy, oh boy. Something is happening with the ‘true’ conservatives on AM Talk Radio. I tuned into Hannity see what had happened today and the guy just went off on what can only be described as a lick-spittle tirade! Apparently Rich Galen wrote a piece today and noted how conservatives tearing down McCain is basically doing the liberal media’s work for them. It is a fair if slightly exaggerated point to make, especially after years of the right tearing down El Presidente Jorge Bush for disagreeing with them.

But something inside Hannity snapped over this and he was in the throws of insanity. He claimed those who question his actions are pompous, arrogant, hanger-ons who are simply trying to angle for jobs in the new administration and have sold their principles for money. And he was just getting started! The most hilarious (and pathetic) part came where he declared himself and other angry and raving talk show hosts the future of America! You could almost see him stand up and salute himself.

Clearly Hannity and his sharp-tongued friends are not as able to take criticism as they are at dishing it out (with insults and demeaning undertones). Geez, it was just one man’s view of the coalition self-destructing. I think what was most bizarre was how he kept trying to claim he was upbeat and things were great through out his tirade (Dude, there was so much anger and hurt I don’t know who you think you are kidding?). He also started the whole thing by claiming he got all these media calls today - as if to prove to himself he is still relevant. He then went on to say he had the power of the airwaves and people in DC better be careful or he would close their access. The threats were really something else and went on for quite a while. ...
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