ASSIGNMENT TEN - 9/11 & War - Involuntary Commitment - Diminished Capacity - Intoxication - Infancy :
Every good and excellent thing in the world stands moment by moment
on the razor edge of danger and must be fought for.
Thornton WilderHISTORICAL NOTE - MASS MURDERS IN NEW YORK & DC: The contents of this note are derived in part from Bushrod's notes of 9/13/01 - THOUGH THE SUBJECT WAS NOT SUPPOSED TO BE CRIMINAL HOMICIDE AND WAR, THE PROF OPENED THE CLASS TALKING ABOUT THE +2500 WORLD TRADE CENTER/PENTAGON AIRPLANE MURDERS OF 9/11 PERPETRATED BY NINETEEN TERRORISTS, FIFTEEN OF WHOM WERE SAUDIS. HE SEEMED TO WANT TO GET US TO DISCUSS WHETHER THESE TERRORISTIC ACTS SHOULD BE HANDLED AS A CRIME WITH EXTRADITION TO THE U.S. OF CO-CONSPIRATORS WHO ARE HIDING IN FOREIGN COUNTRIES OR AS AN ACT OF WAR WHERE YOU SIMPLY GO AFTER YOUR ENEMY AND KILL HIM ON SIGHT. ONE STUDENT REPLIED TO THIS INVITATION FOR DISCUSSION; SHE SUGGESTED THAT THE INTERNATIONAL COURT OF CRIMINAL JUSTICE WOULD BE A POSSIBILITY. PERSONALLY, THAT SOUNDED LIKE A FAIRLY GOOD IDEA TO ME, EXCEPT THAT THE US HAS NOT AGREED TO BE A PARTICIPANT IN THE INTERNATIONAL COURT OF CRIMINAL JUSTICE. THE PROF SAID HE THOUGHT THE AD HOC INTERNATIONAL CRIMINAL TRIBUNAL FOR THE FORMER YUGOSLAVIA, SET UP BY THE U.N. IN THE HAGUE IN 1993, HAS, THUSFAR, BEEN SOMETHING OF A FIASCO BECAUSE IT HAS DONE LITTLE TO NOTHING, EXCEPT SPEND MANY MANY MILLIONS OF DOLLARS TO TRY A FEW LOW LEVEL SERBS FOR ALLEGED WAR CRIME ATROCITIES. HE GAVE AN EXAMPLE OF ONE ALLEGED "WAR CRIMINAL" WHO GOT FIFTEEN YEARS AFTER A LONG, PROTRACTED, EXPENSIVE TRIAL, THIS IS A DROP-IN-THE-BUCKET SENTENCE IN LIGHT OF WHAT OUR LOCAL HARRIS COUNTY COURTS METE OUT TO SERIOUS CRIMINALS EVERY DAY FOR A FEW HUNDRED DOLLARS IN COSTS. IT LOOKS LIKE THE TEACHER IS NOT A BIG FAN OF THE SO-CALLED PERMANENT INTERNATIONAL CRIMINAL COURT (ICC), THOUGH THERE ARE THOSE WHO THINKS ITS A CAPITAL IDEA , E.G., THIS PRO-ICC WEBSITE SPONSORED BY FANS OF THE IDEA. YET, THE PROFESSOR IS NOT THE ONLY PERSON SKEPTICAL OF ITS USEFULNESS, E.G., ANTI-ICC WEBSITE. IN 2002, UPON THE 60TH RATIFICATION OF THE ROME STATUTE CREATING THE ICC, THE COURT HAS BEEN AUTHORIZED. THERE ARE STILL QUESTIONS ABOUT ITS PROCEDURES, E.G., LENGTHY PRETRIAL DETENTION, USE OF AFFIDAVITS AND TRANSCRIPTS RATHER THAN LIVE TESTIMONY FROM WITNESSES, NO JURIES, THE RIGHT OF THE PROSECUTION TO APPEAL, ETC. THE ICC IS SUPPOSED TO TRY VIOLATORS OF INTERNATIONAL CRIMINAL LAW, E.G., CRIMES AGAINST HUMANITY, GENOCIDE, WAR CRIMES, AGGRESSION, AS DEFINED IN THE TREATY THAT ESTABLISHES IT. THE PROF SAYS HIS OPINION IS THAT THE U.S.A. PROBABLY WON'T GIVE UP ITS SOVEREIGNTY TO SUCH A GROUP BY SIGNING ONTO THE ROME STATUTE THAT ESTABLISHES THE ICC. THE US VOTED AGAINST IT AND REFUSED TO SIGN THE TREATY THAT WOULD SET IT UP. THE PROF. SUGGESTED THAT IF THE US SIGNED ONTO THE TREATY, THE INTERNATIONAL COURT WOULD THEN HAVE THE POTENTIAL JURISDICTIONAL POWER TO TRY AMERICAN POLITICIANS, E.G., GEORGE W..BUSH, RICHARD CHENEY, DONALD RUMSFELD, BILL CLINTON, HENRY KISSINGER, ETC., FOR ANY PERCEIVED WAR CRIMES. (SUPPOSE THE INTERNATIONAL COURT DOESN'T AGREE WITH PRESIDENT BUSH2'S RESPONSE, IF ANY, TO TERRORIST ACTS OR PREEMPTIVE US WARS AGAINST SO-CALLED ROGUE, "AXIS OF EVIL" NATIONS.). THE PROF SUGGESTED THAT, EVEN THOUGH GREAT BRITIAIN, CANADA AND AUSTRALIA ARE AMONG THE 100 MEMBER COUNTRIES, UNLESS THE US BECOMES A PARTY THE SO-CALLED INTERNATIONAL CRIMINAL COURT MAY BE DOOMED TO BE NOTHING MORE THAN A PAPER TIGER PURSUING DEPOSED THIRD-WORLD DICTATORS. THE PROF GAVE US A CITE TO AN ARTICLE ON THE SUBJECT. I READ IT AND, I HAVE TO ADMIT, IT WAS GOOD IN CLARIFYING THE LEGAL QUANDRY WE FACE IN TAKING ACTION AGAINST TERRORISTS. I DID A LITTLE RESEARCH AND FOUND ADDITIONAL INFO ON THE ICC AND INTERNATIONAL CRIMINAL LAW AT ANOTHER SITE. SEE ALSO, HATCHELL, CLOSING THE GAPS IN UNITED STATES LAW AND IMPLEMENTING THE ROME STATUTE; A COMPARATIVE APPROACH, 12 ILSA J. INT'L & COMP. L. 183 (2005). WILL ANY SURVIVING TERRORISTS GET A FAIR TRIAL HERE IS THE US? WOULD ANY CAPABLE CRIMINAL DEFENSE LAWYER REPRESENT THEM? WHAT WOULD HAPPEN TO A LAWYER WHO DID (GOOGLE "LYNNE STEWART")? DO LAWYERS HAVE TO TAKE A CASE IF THE JUDGE APPOINTS THEM? WOULD WE WANT TO RELY ON OUR OWN HAND-PICKED FEDERAL PROSECUTORS TO HANDLE THE CASES OR COULD WE TRUST PEOPLE HIRED BY THE ICC COURT TO VIGOROUSLY PROSECUTE TERRORISTS?
[ADDENDUM TO 9/11 NOTE: SINCE THESE ABOVE NOTES WERE MADE SHORTLY AFTER 9/11/01, THE AD HOC TRIBUNAL (1), (2) FOR THE FORMER YUGOSLAVIA UNDERTOOK TO TRY THE FORMER HEAD OF STATE, SLOBODAN MILOSEVIC FOR COMMISSION OF WAR CRIMES. AFTER MORE THAN FOUR YEARS OF TESTIMONY, THE TRIAL ENDED WHEN MILOSEVIC SUFFERED A FATAL HEART ATTACK ON MARCH 11 OF 2006. EARLIER, HE HAD ASKED FOR MEDICAL ATTENTION AND HAD CLAIMED THAT HIS CAPTORS WERE POISONING HIM. SOME QUESTIONED WHETHER THE TRIAL BEFORE THE INTERNATIONAL CRIMINAL COURT WAS A TYPICAL SHOW OF POWER AND CONTROL OF THE VICTOR OVER THE VANQUISHED, PROMPTED BY THE U.S. PAYING SOME OF ITS BACK DUES TO THE UNITED NATIONS? CLICK FOR MORE INFORMATION ABOUT INTERNATIONAL CRIMINAL TRIBUNALS. SEE SYMPOSIUM, MILOSEVIC & HUSSEIN ON TRIAL, 38 CORNELL L. REV. 649 (2005).
INNOCENT BLOOD ON OUR HANDS? - THE MOST WARLIKE COUNTRY ON THE PLANET SENDING OUR YOUNG MEN AND WOMEN TO PREEMPTIVELY KILL (AS IN HOMICIDE) THE PEOPLE OF A COUNTRY THAT HAS NOT ATTACKED US, AND, IN THE PROCESS, BE KILLED (AS IN HOMICIDE) BY THOSE THEY ARE AGGRESSING : SINCE 9/11 THE UNITED STATES UNDER THE LEADERSHIP OF PRESIDENT BUSH2 HAS ATTACKED AND MADE WAR AGAINST THE SOVEREIGN STATES OF AFGHANISTAN AND IRAQ, CAUSING THE DEATHS AND POSSIBLE ILLEGAL DETENTION OF MANY AFGHANIS AND THE DEATHS OF TENS, HUNDREDS OF THOUSANDS OR OVER A MILLION INNOCENT NON-COMBATANT IRAQI CIVILIANS, INCLUDING MANY CHILDREN (1) [NOTE; AN OCTOBER 2006 MIT-FUNDED STUDY IN THE LANCET PEGGED THE NUMBER OF IRAQIS DEAD FROM VIOLENCE, MOSTLY GUNFIRE, SINCE OUR MARCH 2003 INVASION OF THEIR COUNTRY AT SIX-HUNDRED THOUSAND (600,000).] AND INCURRING THOUSANDS OF AMERICAN CASUALTIES - MAIMED, CRIPPLED AND DEAD- IN THE PROCESS. IT'S PRETTY CLEAR NOW THAT TRUTH WAS THE FIRST AMERICAN CASUALTY IN THE WAR AGAINST IRAQ; OUR PRESIDENT FIRED THAT SHOT. IN JUNE OF 2008, WITH THE IRAQ WAR ENTERING ITS SIXTH YEAR, BUSH2'S FORMER PRESS SECRETARY SCOTT MCCLELLAN PEELED BACK A BIT OF THE THIN PUBLIC VENEER OF OUR NATION'S LEADER, DESCRIBING BUSH2 AS DRIVEN BY PROPAGANDA RATHER THAN THE TRUTH, A MAN WHO "CONVINCES HIMSELF TO BELIEVE WHAT SUITS HIS NEEDS AT THE MOMENT." HERE'S WHAT MAY BE A TINY EXAMPLE OF BUSH'S INVENTIVE MIND. (1), (2). IN THE COURTROOM, HOW WOULD YOU DEAL WITH A WITNESS WHO TESTIFIES TO IMPOSSIBLE FACTS?
MURDER PROSECUTION VS. PRESIDENT BUSH- LUDICROUS OR LOGICAL ?? - IN JUNE OF 2008, FAMED PROSECUTOR VINCENT BUGLIOSI URGED THAT GEORGE W. BUSH BE PROSECUTED FOR MURDER IN CIVILIAN COURTS OF THE US FOR EACH OF THE + 4,000 DEATHS OF AMERICAN TROOPS IN IRAQ. HE'S DEAD SERIOUS. BUGLIOSI'S BOOK THE PROSECUTION OF GEORGE W. BUSH FOR MURDER LAYS OUT THE EVIDENTIARY CASE FOR A SUCCESSFUL DOMESTIC MURDER PROSECUTION AGAINST BUSH2 IN EACH OF THE RESIDENT COUNTIES OF DEAD US IRAQ WAR CASUALITES. IN CHAPTER FOUR OF HIS BOOK, HE MAKES THE CASE FOR A CONSPIRACY TO COMMIT MURDER CHARGE AGAINST MR. BUSH, BASING IT ON THE THEORY THAT BUSH AND CO-CONSPIRATORS, E.G, DICK CHENEY, ETC., AGREED TO START THE WAR IN IRAQ BASED ON WHITE HOUSE LIES AND FALSE PRETENSES, KNOWING THAT AMERICAN TROOPS WOULD BE KILLED. BUGLIOSI THEN ARGUES FOR VICARIOUS LIABILITY FOR THE SUBSTANTIVE CRIME OF MURDER BASED ON THE ACCOMPLICE LIABILITY THEORY OF COMPLICITY. HE SAYS THAT BUSH2 WAS AN AIDER AND ABETTOR OF THE MURDER OF THE THOUSANDS OF AMERICAN SERVICEMEN AND WOMEN WHO HAVE BEEN KILLED IN THE CONFLICT. HIS ARGUMENT FOR MENS REA (A CULPABLE MENTAL STATE) IS GROUNDED ON BUSH2'S LIES AND MISREPRESENTATIONS RE NONEXISTENT WMD'S AND THE FANCIFUL LINK BETWEEN AL KAEDA AND SADDAM, ALL DONE WITH WITH THE INTENT AND PURPOSE OF STARTING A WAR WITH IRAQ, AND WITH ACTUAL KNOWLEDGE (BEING AWARE THAT IT WAS REASONABLY CERTAIN) THAT DEATHS OF AMERICAN TROOPS WOULD BE AN INEVITABLE CONSEQUENCE. AS ALTERNATIVES TO THE INTENT TO KILL MENS REA, HE ARGUES THAT THE PRESIDENT'S STATE OF MIND RELECTED RECKLESSNESS MANIFESTING EXTREME INDIFFERENCE TO THE VALUE OF THE LIVES (WHAT THE COMMON LAW CALLED DEPRAVED HEART MALICE) OF THESE THOUSANDS OF DEAD AMERICAN SERVICEMEN. RE ACTUS REUS (CONDUCT) AND LEGAL CAUSATION, BUGLIOSI ARGUES THAT, THOUGH BUSH2 DID NOT PERSONALLY KILL ANY OF THE TROOPS, HE IS VICARIOUSLY LIABLE FOR THE CONDUCT OF IRAQI RESISTANCE WHO DID DO SO; BUGLIOSI'S LEGAL THEORY IS THAT BUSH USED THE IRAQI RESISTANCE AS AS INNOCENT INSTRUMENTALITY TO DO THE ACTUAL KILLING OF US TROOPS. HE SAYS THAT CONGRESS WAS NOT A COMPLICITOUS, BUT RATHER A VICTIM OF THE BUSH2 LIES AND DELIBERATE MISREPRESENTATIONS.
BUGLIOSI HAS VOLUNTEERED HIS WHOLE-HEARTED ASSISTANCE IN ANY SUCH PROSECUTION, EITHER AS AN ADVISOR OR AS A SPECIAL PROSECUTOR. HE SUGGESTS IN A DEGREES OF MURDER JURISDICTIONS THAT THE CHARGE COULD BE FIRST-DEGREE MURDER, MAKING THE DEATH PENALTY WITHIN THE POSSIBLE RANGE OF PUNISHMENT. HE SAYS THAT HE WILL NOT REST UNTIL THE PRESDENT FACES A JURY IN A MURDER TRIAL. AGREEING THAT A PROSECUTION COULD NOT COMMENCE UNTIL THE PRESIDENT LEAVES OFFICE ON 1-20-09, THE HIGHLY SUCCESSFUL PROSECUTOR, TURNED BEST-SELLING AUTHOR, NOTES THE TRADITIONAL RULE THAT THERE IS NO STATUTE OF LIMITATIONS ON THE CRIME OF MURDER. BUGLIOSI SAYS THAT THE IDEAL VENUE WOULD BE WASHINGTON, D.C. DO YOU THINK ANY PROSECUTOR IN THE STATES OR DISTRICT OF COLUMBIA WILL HAVE THE MORAL GUMPTION OR TEMERITY TO TAKE BUGLIOSI'S SUGGESTION? [NOTE: THE BOOK LAYS OUT IN DETAIL THE LEGAL AND FACTUAL BASIS FOR A SUCCESSFUL MURDER PROSECUTION AND THE ARGUMENT FOR TERRITORIAL JURISDICTION IN ANY COUNTY FROM WHICH A DEAD SERVICEPERSON HAILS; IT'S ALSO CHOCK-FULL OF WHAT APPEARS TO BE WELL-RESEARCHED DOCUMENTARY PROOF; FOR $18, IT'S NOT A BAD READ EITHER FOR LAW STUDENTS STUDYING THE LAW OF CRIMES AND DEFENSES OR FOR PRACTICING PROSECUTORS SEEKING JUSTICE AGAINST "EVILDOERS."]
IS HALF-A-TRUTH BETTER THAN NO TRUTH AT ALL? - HOW SOON DOES THE PUBLIC FORGET BEING LED OVER THE CLIFF BY ITS LEADERS: AS IT'S CASUS BELLI (AN ACT JUSTIFYING WAR) THE PREEMPTIVE OR MORE PROPERLY "PREVENTIVE" ATTACK AGAINST THE COUNTRY OF IRAQ WAS SOLD TO THE AMERICAN PUBLIC BASED ON BOGUS PREWAR CLAIMS (SOME SAY PROPAGANDA; ARISTOTLE MIGHT CALL IT "SOPHISTRY.") BY THE BUSH2 "ASSEMBLE THE ARMY" ADMINISTRATION THAT THE GOVERNMENT OF SADDAM HUSSEIN POSSESSED WEAPONS OF MASS DESTRUCTION (DISTRACTION?) AND HAD LINKS TO AL QAEDA, AN INTERNATIONAL ORGANIZATION DEVOTED TO TERORISM. WE AMERICANS LAPPED UP PRESIDENT BUSH'S PABLUM. OF COURSE, WE NOW KNOW THAT BOTH CLAIMS BY BUSH AND HIS SECRETARY OF DEFENSE (DONALD RUMSFELD) AND STATE (COLIN POWELL) WERE SPURIOUS, SPECIOUS FALSEHOODS. RUMSFELD CLAIMED IN 2002 THAT THE U.S. HAD BULLETPROOF EVIDENCE OF COOPERATION BETWEEN SADDAM AND AL QUEDA; POWELL CITED LINKAGE BETWEEN SADDAM AND ALQUEDA IN URGING THE UNITED NATIONS TO SUPPORT INVASION OF IRAQ. DESPITE GARGANTUAN SEARCH EFFORTS, NOT ONE SINGLE WMD HAS EVER BEEN FOUND; NUMEROUS STUDIES HAVE DISCOUNTED THE ALLEGED LINK BETWEEN SADDAM HUSSEIN'S ADMINISTRATION AND AL QAEDA (QAIDA), E.G., A 2007 PENTAGON STUDY OF 600,000 IRAQI DOCUMENTS, RELEASED IN MARCH OF 2008, FOUND NO LINK BETWEEN THE TWO; PREVIOUS REPORTS BY THE 9/11 COMMISSION AND THE PENTAGON'S INSPECTOR GENERAL REACHED THE SAME CONCLUSION.
PRESIDENT BUSH2, A MAN WHO NEVER SERVED IN COMBAT AND WHO SOME OF HIS CRITICS VIEW AS A WAR MONGER FRONTING FOR THE CORPORATE, MILITARY, INDUSTRIAL COMPLEX, SUMMED UP HIS PHILOSOPHY OF WAR WITH STATEMENTS LIKE, "I JUST WANT YOU TO KNOW THAT, WHEN WE TALK ABOUT WAR, WE'RE REALLY TALKING ABOUT PEACE," AND "WHEN I DO TAKE ACTION, I'M NOT GOING TO FIRE A $2 MILLION MISSILE AT A $10 TENT AND HIT A CAMEL IN THE BUTT. IT'S GOING TO BE DECISIVE." THE U.S. PRESIDENT ADMITTEDLY HAD A PERSONAL GRUDGE AGAINST HUSSEIN SINCE "HE TRIED TO KILL MY FATHER," REFERRING TO AN ALLEGED IRAQI POST-GULF WAR I PLOT TO KILL FORMER PRESIDENT BUSH1, AN ABLE PRESIDENT AND POLITICIAN. SUFFICE IT TO SAY THAT MANY BELIEVE THE WAR IN IRAQ REFLECTS MISSTEPS AND MISJUDGMENTS OF A TRAGICALLY FLAWED, "DIE FOR A LIE," SCANDAL-PLAGUED (1) EXECUTIVE BRANCH, COUPLED WITH COWARDLY DEFAULTS BY THE U.S. CONGRESS AND A COMPLACENT, THUMBSUCKING, FAWNING, APPLE-POLISHING, SYCOPHANTIC AMERICAN MEDIA, E.G., THE NEW YORK TIMES, THE WASHINGTON POST, THE NEW REPUBLIC, CNN, FOX NEWS, ALL THE WAY DOWN TO VANITY FAIR, THAT MISLED THE AMERICAN PEOPLE BY FAILING TO ASK AND SEEK ANSWERS TO THE RIGHT QUESTIONS. ONE NOTABLE EXCEPTION WAS THE REPORTING BY THE KNIGHT, RIDDER REPORTING AGENCY WHOSE JOURNALISTS BY ALL ACCOUNTS GAVE ITS READERS AROUND THE COUNTRY ACCURATE INFORMATION COURAGEOUSLY NEGATING THE VALIDITY OF THE ADMINISTRATION'S CLAIMS THAT WAR WAS NECESSARY.
THERE ARE SOME VOICES IN THE WILDERNESS - THANKS TO THE EXISTENCE OF EVENHANDED BLOGS AND THE TERRIFIC LINK TV, SOME UNFILTERED AND UNSANITIZED JOURNALISTIC EVIDENCE OF THE HANDIWORK OF THE "COALITION" INVASION AND OCCUPATION AND THE INSURGENT'S RESISTANCE CAN BE SEEN, E.G., THE HUNDREDS AND HUNDREDS OF GRAPHIC PHOTOS PUBLISHED BY INDEPENDENT JOURNALIST DAHR JAMAIL (GOOGLE HIM ON YOUTUBE FOR SOME REVEALING SPEECHES; HE GREW UP IN HOUSTON.) AND, TO COUNTERBALANCE THE BUSH2 DOCTRINE OF WAR, THERE ARE ALWAYS A FEW VOICES IN THE WILDERNESS. SEE PRESIDENTIAL CANDIDATE RALPH NADER (THE PERENNIAL VOX CLAMANTIS IN DESERTO) AND THE CENTER FOR RESPONSIVE LAW. SEE ALSO DEMOCRACY NOW - THE WAR AND PEACE REPORT WITH ITS TRULY HEROIC ANCHORESS, AMY GOODMAN, (AVAILABLE FOR TELEVISION VIEWING IN HOUSTON, TX, M-F AT 7 A.M. ON PUBLIC ACCESS TV - CHANNEL 17); IF YOU DON'T HAVE LINK TV (COMCAST CABLE DOES NOT CURRENTLY PROVIDE IT IN HOUSTON.) AND WANT UNVARNISHED NEWS OF THE WORLD, TRY THE STREAMING VIDEO AT LINK TV; WATCH BILL MOYERS' JOURNAL, WATCH FRONTLINE (THIS EDITION, WITH THE HELP OF A BRAVE CHAP NAMED JACK GOLDSMITH, DRAMATICALLY REVEALED HOW VP CHENEY AND DAVID ADDINGTON, THE MAN WHO REPLACED CONVICTED FELON SCOOTER LIBBY AS CHENEY'S CHIEF OF STAFF, UTILIZED THE ADVISORY SERVICES OF THE JUSTICE DEPARTMENT'S JOHN YOO (SOMETIMES CALLED BUSH2'S "DR. YES" AND NOW A TENURED PROFESSOR AT THE UC BERKELEY SCHOOL OF LAW - BOALT HALL (1)) TO EXPAND THE PRESIDENT'S RIGHT TO FUNCTION OUTSIDE WHAT MANY MIGHT REGARD AS "THE RULE OF LAW" WITH THE INFAMOUS TORTURE MEMOS (1). SEE ABU GHRAIB), READ ENGLISH BARRISTER AND LAW PROFESSOR PHILLIPE SANDS' TORTURE TEAM: RUMSFELD'S MEMO AND THE BETRAYAL OF AMERICAN VALUES (2008) REPORTING THE MORAL CORRUPTION SURROUNDING RUMSFELD'S SIGNING OF THE MEMO SENT BY WILLIAM HAYNES, GENERAL COUNSEL AT THE PENTAGON, REQUESTING APPROVAL OF SPECIFIC COERCIVE TECHNIQUES, MOST OF WHICH WERE PRACTICED ON MOHAMMED AL QAHTANI (1). FOR ADDITIONAL INSIGHT INTO THE AMERICAN INVOLVEMENT IN TORTURE OF DETAINEES IN IRAQ, SEE AMANN, ABU GHRAIB, 153 U. PA. L. REV. 2085 (2005); THIENAL, FOREIGN ACTS OF TORTURE AND THE ADMISSIBILITY OF EVIDENCE, 4 J. NT'L. CRIM. JUST. 401 (2006). ALSO READ THE NATION MAGAZINE, ENGLISH JOURNALIST ROBERT FISK, AND/OR NOAM CHUMSKY'S HEGEMONY OR SURVIVAL: AMERICA'S QUEST FOR GLOBAL DOMINANCE; IF YOUR HEART IS IN THE RIGHT PLACE, BUT YOU HAVE THE LEGAL CURIOSITY OF A URINAL CAKE, HANG OUT ON THE DIXIE CHICK'S WEB SITE, PURCHASE THEIR TOP TEN 20O6 ALBUM "Taking the Long Way", OR BUY A TICKET TO ONE OF THEIR ENJOYABLE CONCERTS.
[ASIDE: IN AN ARGUABLY ANALAGOUS MOVE, WITH AT LEAST TACIT APPROVAL OF THE BUSH2 ADMINISTRATION, ISRAEL INVADED SOUTHERN LEBANON IN JULY OF 2006, AFTER BOMBING IT TO SMITHEREENS; THE PROPOSED CASUS BELLI FOR THE MASSIVE ISRAELI ATTACK - RETALIATION FOR AN OVER-THE-BORDER RAID BY HEZBOLLAH GUERILLAS IN WHICH TWO ISRAELI SOLDIERS WERE CAPTURED AND EIGHT WERE KILLED. DURING THE FIRST WEEKS OF THE WAR, THE REPORTED KILL RATIO WAS 10:1 IN FAVOR OF THE AMERICAN-ARMED ISRAELIS, WITH 80% OF THE LEBANESE CASUALTIES BEING NON-COMBATANT CIVILIANS; ALMOST A MILLION FLEEING LEBANESE BECAME REFUGEES. THE ISRAELIS EVENTUALLY WITHDREW, BUT AS A LEGACY THEY AIR CARPETED SOUTHERN LEBANON WITH HUNDREDS OF THOUSANDS OF US MADE CLUSTER BOMBS. FOR SOME INSIGHT INTO THIS AGE-OLD CONFLICT, READ, JIMMY CARTER'S, PALESTINE: PEACE NOT APARTHEID (2006); STRANGE ABOUT JIMMY CARTER - HE BECAME, BEYOND A REASONABLE DOUBT, THE MOST ADMIRABLE PRESIDENT OF THE TWENTIETH CENTURY AFTER HE LEFT OFFICE. CICERO TAUGHT "NOT TO KNOW WHAT HAPPENED BEFORE ONE WAS BORN IS TO ALWAYS REMAIN A CHILD." IF YOU WOULD LIKE TO THINK LIKE A GROWN-UP, READ THE HISTORY OF THE PALESTINIAN-ISRAELI CONFLICT. IT MAY SURPRISE YOU.]
THE VICTORS TRY THE VANQUISHED WITH "GUIDANCE" FROM U.S. LAWYERS AND LAW PROFESSORS : IN DECEMBER OF 2005, THE AMERICAN BACKED IRAQUI ADMINISTRATION PLACED A DEFIANT HUSSEIN, A THUGLIKE CHAP WHO RULED IRAQ FROM 1979 TO 2003 AND WHO IN CONNECTION WITH THE IRAQ-IRAN WAR (1980-88) APPEARS TO HAVE GASSED KURDISH VILLAGES IN 1988 WITH ORDNANCE, E.G., CHEMICAL AND BIOLOGICAL PRECURSORS, SATELLITE BATTLEFIELD SURVEILLANCE, "CROP-DUSTING" HELICOPTERS, ETC., ALLEGEDLY SUPPLIED IN PART BY AMERICA AND VARIOUS EUROPEAN COUNTRIES, ON TRIAL FOR HIS LIFE FOR AUTHORIZING REPRISAL KILLINGS IN 1982 AFTER A FAILED ASSASSINATION ATTEMPT ON HIS LIFE, BUT NOT BEFORE RIZAR AMIN, THE KURDISH ORIGINAL PRESIDING JUDGE OF "THE IRAQUI HIGH TRIBUNAL," WAS REMOVED AFTER SHIITE COMPLAINTS THAT HE WAS TOO LENIENT AND TWO OF THE DEFENSE LAWYERS WERE MURDERED EARLY ON, WITH HUSSEIN'S THIRD DEFENDER BEING ABDUCTED AND MURDERED IN JUNE OF 2006, SIX WEEKS BEFORE THE TRIAL WAS COMPLETED. THROUGHOUT THE TRIAL, ALL OF THE JUDGES AND PROSECUTORS LIVED SECURELY IN THE HIGHLY FORTIFIED AMERICAN "GREEN ZONE," BUT THE BROTHER OF ONE WAS MURDERED IN HIS HOME IN THE AUTUMN OF 2006.
A CONSIDERABLE PORTION OF THE TRIAL WAS CONDUCTED IN THE ABSENCE OF HUSSEIN WHO WAS PERIODICALLY REMOVED BY THE NEW PRESIDING JUDGE FOR OBSTREPEROUS CONDUCT AND WHO WENT ON A HUNGER STRIKE IN PROTEST OF THE FAILURE TO PROVIDE BODYGUARDS FOR HIS LAWYERS. FINAL ARGUMENTS ON BEHALF OF HUSSEIN WERE DELIVERED BY A GROUP OF LAST MINUTE "COURT-APPOINTED" ATTORNEYS "TRAINED" BY AN ASSORTMENT OF LAWYERS FORMERLY ASSOCIATED WITH THE OUR MUCH MALIGNED JUSTICE DEPARTMENT AND SOME LAW PROFESSORS WHO COULDN'T RESIST THE ROLE OF PUPPET MASTER; THESE AMERICAN PROSECUTORS AND LAW PROFESSORS ALSO TOOK PART IN THE INVESTIGATION OF THE CHARGES THAT WERE LEVEL AND "TRAINED" THE JUDGES AND IRAQI PROSECUTORS. HUSSEIN BOYCOTTED THE ARGUMENT PHASE OF THE TRIAL. TRIAL WAS RECESSED UNTIL OCTOBER FOR THE VERDICT OF THE COURT. DOES ANYONE SMELL MACKERAL ROTTING IN THE MOONLIGHT? TO NOBODY'S SUPRISE, ON NOVEMBER 6, 2006, HUSSEIN WAS SENTENCED IN HIS FIRST TRIAL TO DEATH BY HANGING. AFTER HIS QUICKIE APPEAL WAS DENIED, U.S. FORCES TURNED SADDAM HUSSEIN OVER TO THE NEWLY INSTALLED IRAQI GOVERNMENT WHICH PROMPTLY HANGED HIM AT 10 P.M. E.T ON DECEMBER 29, AT THE BEGINNING OF A SUNNI RELIGIOUS HOLIDAY. HUSSEIN, DESPITE BEING INSULTED BY HIS HANGMEN AND THE AUDIENCE OF SHOUTING ONLOOKERS BELOW, MAINTAINED HIS TOUGH-GUY COMPOSURE AND NEVER BROKE, WALKING TO THE GALLOWS, REFUSING A HOOD, AND PRAYING AS THE TRAP WAS SPRUNG. (1 - WITH SOUND), (2 - SANITIZED VERSION FOR US CONSUMPTION) IT WAS REPORTED THAT THE LAST WORD UPON HIS LIPS WAS "MOHAMMED." [NOTE: IN THE YEARS SINCE THE START OF THE IRAQ WAR, MORE DEATH AND DESTRUCTION HAS BEEN VISITED ON THE IRAQI PEOPLE THAN DURING THE 30-YEAR DESPOTIC REIGN OF THE TYRANT HUSSEIN.] FOR THE VIEW THAT THE TRIAL OF THE TYRANNICAL STRONG-ARM DICTATOR WAS AN AMERICAN-MICRO-MANAGED SHOW TRIAL, TAKE A LOOK AT IRAQI-BORN, BRITISH BARRISTER DR. ABDUL-HAQ AL-ANI'S, THE TRIAL OF SADDAM HUSSEIN (2008). [NOTE: IN LIGHT OF THE STRONG AMERICAN INVOLVEMENT IN SADDAM HUSSEIN'S SHOW TRIAL, COUPLED WITH THE CONSTANT CLAIMS OF THE BUSH2 ADMINSTRATION THAT THE TYRANT WAS GUILTY OF THE MOST DESPICABLE ATROCITIES, E.G., "GASSING HIS OWN PEOPLE," DO YOU FIND IT UNUSUAL THAT THE BEST EXAMPLE OF HIS ATROCIOUS CONDUCT AND THE ONE THAT BROUGH HIM DEATH BY HANGING WAS HIS ACTION IN INVESTIGATING THE ATTEMPT ON HIS LIFE AND AUTHORIZING THE EXECUTION OF 102 PERSONS WHO HAD BEEN CONVICTED IN IRAQI COURTS OF TRYING TO KILL HIM? WHAT DO YOU THINK WOULD HAVE HAPPENED TO LEE HARVEY OSWALD IF HE HAD BEEN CONVICTED OF KILLING JFK? WHAT HAPPENED TO THE CONSPIRATORS WHO KILLED ABE LINCOLN? ]
IS UNCLE SAM HEMORRHAGING FROM WAR WOUNDS? THE COST OF THE ONGOING WAR TO THE US IS RAPIDLY APPROACHING A TRILLION ($1,000,000,000,000) OF TAXPAYER MONEY. IN EARLY 2008, FIGURES REVEAL THAT THE WAR IN IRAQ HAS COST EACH AMERICAN FAMILY $16,500. AS THE AMERICAN ECONOMY SELF-DESTRUCTS INTO A RECESSION OF MORTGAGE DELINQUENCIES, PLUNGING VALUE OF THE DOLLAR, A FALLING STOCK MARKET, ETC., SOME $16,OOO,OOO AN HOUR AND $12 BILLION A MONTH GUSHES FROM THE COUNTRY'S TREASURY TO PAY FOR THE WAR. [NOTE; FORTUNATELY THUS FAR, THE US HAS BEEN ABLE TO BORROW $2 BILLION A DAY FROM THE CHINESE, JAPANESE, AND OTHER FOREIGNERS WHO PURCHASE OUR TREASURY OBLIGATIONS.]
CAN THE U.S. SOLVE THE ONGOING CIVIL VIOLENCE BETWEEN RELIGIOUS FACTIONS: IN 2007 THE CONFLICT PRECIPITATED WHAT APPEARED TO MANY FAIR-MINDED OBSERVERS AS A VIOLENT CIVIL WAR BETWEEN SHI'ITES AND SUNNIS WITH THOUSANDS OF TORTURED AND MURDERED BODIES, POPPING UP LIKE MUSHROOMS IN THE DARK OF BAGHDAD. IN LIGHT OF THIS EXPLOSIVE CONFLICT AND THE INABILITY OF THE SURGING U.S. FORCES AND THE US-TRAINED IRAQI POLICE TO QUELL THE VIOLENCE, IT IS BAFFLING TO SOME HOW THE LATE HUSSEIN HELD THE FRACTURED AND EMBARGOED COUNTRY TOGETHER FOR SO MANY YEARS BEFORE THE INVASION AND HIS CAPTURE? AS FUTURE LAWYERS, WE MAY PONDER IF AND HOW A FAIR DOMESTIC TRIAL FOR THIS CAPTURED FORMER IRAQI PRESIDENT COULD HAVE EVER BEEN STRUCTURED IN AN AMERICAN OCCUPIED IRAQ? WOULD A TRIAL OF THE DEPOSED PRESIDENT HAVE BEEN BETTER DONE IN AN INTERNATIONAL SETTING, E.G., THE HAGUE? (1), (2 - 92 PAGE REPORT) THE ANSWER TO THAT QUESTION WILL ALWAYS REMAIN SPECULATIVE. DO KEEP IN MIND THAT A DEATH PENALTY WOULD NOT HAVE BEEN POSSIBLE IF HUSSEIN HAD BEEN PUT TO TRIAL BEFORE THE INTERNATIONAL COURT AT THE HAGUE.
BACK IN THE HOMELAND, THE SUPREME COURT IS FACED WITH FALLOUT LEGAL QUESTIONS THAT HAVE MORAL AND POLITICAL IMPLICATIONS: IN OUR OWN COUNTRY, ON THE ISSUE OF EROSION OR HIJACKING OF INDIVIDUAL RIGHTS OF AMERICANS TO FREEDOM FROM UNWARRANTED GOVERNMENT INTRUSION, WE HAVE SEEN THE EVENTS OF 9/11 GIVE RISE TO THE SO-CALLED "PATRIOT" ACT (1) (REAUTHORIZED ON 3-9-2006) SEE HILLARY & KUBASEK, THE REMAINING PERILS OF THE PATRIOT ACT: A PRIMER, 8 J. L. SOC'Y (NO. 2 2007). AS THE EXECUTIVE BRANCH, BACKED UP BY A STAINED JUSTICE DEPARMENT, FLEXED ITS AUTHORITY WITH THE PRESIDENT'S CLAIM TO HAVE POWER TO ARREST ANYONE ANY PLACE AND HOLD THAT PERSON INCOMMUNICADO, WE HAVE SEEN AMERICAN CITIZENS, E.G., JOSE PADILLA, SUSPECTED OF VAGUE TIES TO AL KAEDA HELD INCOMMUNICADO FOR OVER THREE YEARS IN THE BRIG OF A NAVAL VESSEL IN CHARLESTON HARBOR, NC. SEE RUMSFELD V. PADILLA, 542 U.S. 426 (2004). (NOTE: 0N 4-3-2006, THE USSC, WITH JUSTICES SOUTER, GINSBERG, AND BREYER DISSENTING, SIDESTEPPED A CHALLENGE TO THE BUSH ADMINISTRATION'S WARTIME DETENTION POWERS BY REFUSING TO HEAR CITIZEN PADILLA'S APPEAL OF HIS LENGTH OF HIS DETENTION AS AN "ENEMY COMBATANT" WITHOUT CHARGES AND WITHOUT ACCESS TO A LAWYER; THE USSC REFUSAL WAS APPARENTLY GROUNDED ON THE FACT THAT THE GOVERNMENT DID EVENTUALLY CHARGE PADILLA CRIMINALLY IN LATE 2005. IN JANUARY OF 2008, AFTER THE GOVERNMENT SPENT MANY MILLIONS OF TAXPAYER DOLLARS ON THE PADILLA CASE, JOSE WAS SENTENCED TO 17 YEARS AND 4 MONTHS, HARDLY REFLECTIVE OF THE "ARCH TERRORIST" THAT THE GOVERNMENT HAD TRIED TO PAINT.) WE HAVE SEEN OUR SUPREME COURT COURAGEOUSLY REPUDIATE BUSH2'S EFFORTS TO SET UP ILLEGAL MILITARY COMMISSIONS TO TRY GUANTANAMO BAY, CUBA, DETAINEES. SEE HAMDAN V. RUMSFELD, __ U.S. __, 126 S.CT. 2749 (2006), A 5-3 DECISION WITH JUSTICES ALITO, SCALIA, AND THOMAS BACKING BUSH2, HOLDING THAT SUCH EFFORTS BY THE EXECUTIVE BRANCH VIOLATED BOTH US LAW AND THE GENEVA CONVENTIONS (INTERNATIONAL LAW) (1). SEE ALSO RASUL V. BUSH, 542 U.S. 466 (2004), AND HAMDI V. RUMSFELD, 542 U.S. 507 (2004) (1) HOLDING THAT DETAINEES HAVE THE RIGHT OF ACCESS TO COURTS AND COUNSEL. [PLAINTIFF RUMSFELD IS THE COLD SOMEWHAT REPTILIAN FORMER SECRETARY OF DEFENSE. SOME MIGHT SAY "DEFENSE" IS A EUPHEMISM FOR "WAR," WHICH IS WHAT IT USED TO BE CALLED.] IN LATE 2006, THE CONGRESS ATTEMPTED TO RESPOND TO THE HAMDAN DECISION WITH THE LESS-THAN-COMPREHENSIVE MILITARY COMMISSIONS ACT OF 2006 (1 - MILITARY TRIBUNALS), (2 - QUIK GUIDE), (3 - NEWS), (4). UNDER THE ACT, THE PRISONERS WERE NOT ALLOWED TO HAVE LAWYERS AT THE MILITARY RUN HEARINGS AND COULD NOT SEE OR CHALLENGE MUCH OF THE EVIDENCE AGAINST THEM. IN BOUMEDIENE ET AL. V. BUSH, PRESIDENT OF THE UNITED STATES, ___U.S. ___ (2008), (DECIDED 6-12-08), (1) THIS SYSTEM WAS CHALLEGED BY 37 OF THE GUANTANAMO BAY PRISONERS WHO HAVE BEEN HELD IN INDEFINITE ISOLATED DETENTION FOR OVER SIX YEARS; THE ISSUE FOR THE USSC WAS WHETHER THESE DETAINEES HAVE A CONSTITUTIONAL RIGHT TO SEEK COURT REVIEW OF THEIR DETENTION OR WHETHER THE MILITARY-RUN COMMISSION SYSTEM SET UP BY CONGRESS TO OVERSEE THEM PROVIDED A SUFFICIENT ALTERNATIVE. THE USSC IN A 5-4 DECISION (MAJORITY OPNION AUTHORED BY JUSTICE KENNEDY WITH THE BUSH APPOINTEES DISSENTING) RULED THAT THE FOREIGN TERRORISM SUSPECTS HELD IN GUANTANAMO WERE ENTITLED TO CHALLENGE THEIR CUSTODY IN US CIVILIAN COURTS BY WAY OF HABEAS CORPUS. BY ITS RULING STRIKING DOWN THE EFFORTS OF PRESIDENT BUSH2 AND HIS REPUBLICAN DOMINATED CONGRESS TO DENY PETITIONERS THE CONSTITUTIONAL PRIVILEGE OF HABEAS CORPUS, THE COURT BREATHED A BIT MORE LIFE INTO OUR CONSTITUTION.
INTERESTING ASIDE FOR THOSE WITH LAW LICENSES: AS A POTENTIAL WARNING TO OVERLY ZEALOUS LAWYERS, WE ALSO SAW A LAWYER FOR SHEIKH ABDEL RAHMAN (THE SO-CALLED "BLIND SHEIKH" WHO WAS CONVICTED IN OCTOBER OF 1995 OF CONSPIRACY TO BOMB NEW YORK CITY LANDMARKS) CHARGED, TRIED, AND CONVICTED UNDER 18 U.S.C. 2339B WITH KNOWINGLY PROVIDING MATERIAL SUPPORT TO A FOREIGN TERRORIST ORGANIZATION. SEE UNITED STATES V. SATTAR, 272 F. SUPP. 2D 348 ( S.D.N.Y. 2003).
OUR PRIVACY: IN THE BACKGROUND OF SOPHOMORIC, BEHIND-THE-FRONTLINE "BRING IT ON" AND "SMOKE 'EM OUT" BRAVADO, THE PRESIDENT, WHILE CALLING FOR A PERMANENT EXTENSION OF THE PATRIOT ACT, ADMITTED, IN DECEMBER OF 2005, THAT HE HAD AUTHORIZED NUMEROUS INSTANCES OF ELECTRONIC EAVESDROPPING (WARRANTLESS SPYING) ON AMERICANS WITHOUT ANY PRIOR JUDICIAL AUTHORIZATION AND WITHOUT THE PROTECTION OF THE FOURTH AMENDMENT PROBABLE CAUSE/WARRANT REQUIREMENT. THE PRESIDENTIAL RHETORIC SOMETIMES EMPHASIZES THE VALUE OF LIBERTY AND THE RULE OF LAW, BUT SOME HAVE POINTED OUT THAT SOME ACTIONS OF THE SOMETIMES PETULANT CHIEF EXECUTIVE'S ADMINISTRATION BELIE THOSE FUNDAMENTAL AMERICAN VALUES THAT MADE THE UNITED STATES A BEACON OF HOPE IN THE HISTORY OF MANKIND. [NOTE: HIDDEN IN THE 591-PAGE NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL 2007 ARE SOME CHANGES WHICH MAKE IT EASIER FOR THE PRESIDENT TO DEPLOY THE MILITARY WITHIN THE UNITED STATES. (1) (2 - July- August ed.]
SOME QUESTION WHETHER THE U.S. GOVERNMENT'S CURE HAS BEEN PERHAPS WORSE THAN THE THREAT. SEE THE ACLU PAPER: THE US - A SURVEILLANCE SOCIETY. CONCERNING THE DANGER OF TERRORISM AND THE DANGER OF LOSING PRECIOUS CIVIL LIBERTIES, WASN'T IT JAMES MADISON WHO SAID, " I BELIEVE THERE ARE MORE INSTANCES OF THE ABRIDGMENT OF THE RIGHTS OF THE PEOPLE BY THE GRADUAL AND SILENT ENCROACHMENTS OF THOSE IN POWER THAN BY VIOLENT AND SUDDEN USURPATIONS." I RECENTLY READ THIS DEFINITION OF A "SELF-FULFILLING PROPHECY" : "THE SELF-FULFILLING PROPHECY IS, IN THE BEGINNING, A FALSE DEFINITION OF THE SITUATION EVOKING A NEW BEHAVIOR WHICH MAKES THE ORIGINALLY FALSE CONCEPTION COME TRUE. THE SPECIOUS VALIDITY OF THE SELF-FULFILLING PROPHECY PERPETUATES A REIGN OF TERROR. FOR THE FALSE PROPHET WILL CITE THE ACTUAL COURSE OF EVENTS AS PROOF THAT HE WAS RIGHT FROM THE START." FOR MORE INFORMATION, SEE (1), (2), (3), (4), (5), (6 - DISTURBING BITS AND PIECES OF INFORMATION ABOUT THOSE DETAINED AT GITMO), (8 - WHITE HOUSE REPORT SUPPORTING PREEMPTIVE DEADLY FIRST STRIKES AGAINST PERCEIVED ENEMIES). FOR THOSE INTERESTED IN THE 9/11 REPORT RESULTING FROM AN INVESTIGATION PROMPTED BY FAMILIES OF 9/11 VICTIMS AND OPPOSED BY THE ADMINISTRATION, THIS SITE (1) CONTAINS A SUMMARY. IF YOU DON'T LIKE TO READ, WATCH THE 2006 DOCUMENTARY "ON NATIVE SOIL" DETAILING OUR WORMY APPLE GOVERNMENT'S INCOMPETENCE IN REACTING TO THE THREAT OF 9/11 AND THE ACTUAL 9/11 ATTACK ITSELF. ALSO READ NAOMI KLEIN'S THE SHOCK DOCTRINE: THE RISE OF DISASTER CAPITAL (2007) (DO YOURSELF A FAVOR AND WATCH THIS VIDEO OF KLEIN'S 55- MINUTE LECTURE) (1) DOCUMENTING THE ACTIONS OF POLITICIANS IN ASSISTING CORPORATIONS TO TAKE OVER THE TREASURY OF OUR GOVERNMENT; A SELF-DESCRIBED SHORT, JEWISH GIRL, NAOMI WOLF, HAS ALSO PENNED A PROVOCATIVE BOOK, THE END OF AMERICA (DO YOURSELF A BIGGER FAVOR AND WATCH WOLF'S 45-MINUTE VIDEO LECTURE), IN WHICH SHE POSITS TEN CLASSIC STEPS THAT DESPOTS EMPLOY TO CLOSE DOWN A DEMOCRACY - THE LAST STEP BEING ABOLITION OF THE RULE OF LAW. IF WAR PROFITEERING IS A CRIME AND YOU WANT A GLIMPSE OF HOW CRIME PAYS FOR AMERICIAN CONTRACTORS IN IRAQ, TAKE A PEEK AT THE TEN MINUTE TRAILER FOR THE POWERFUL DOCUMENTARY IRAQ'S MISSING BILLIONS . MY QUESTION TO YOU AS AN AMERICAN CITIZEN WHO IS STUDYING LAW IS THIS: FROM THE LAWYER'S PERSPECTIVE, IS YOUR GENERATION WITNESSING A POWER EXPANDING EFFORT ON THE PART OF THE EXECUTIVE BRANCH OF GOVERNMENT THAT WILL TRANSFORM THE CITIZEN'S RELATIONSHIP TO THE STATE IN THIS COUNTRY FOR DECADES TO COME OR IS ALL OF THIS A TEMPORARY POWER-GRAB THAT CAN EASILY BE SET RIGHT BY A CONCERNED CITIZENRY?
DO YOU THINK ANY OF OUR WASHINGTON POLITICIANS GO TO SLEEP READING MACHIAVELLI? HERE'S A TIDBIT FROM NICCOLO THAT THEY MAYHAVE DIGESTED:
"OCCASIONALLY WORDS MUST SERVE TO VEIL THE FACTS. BUT THIS MUST HAPPEN IN
SUCH A WAY THAT NO ONE BECOMES AWARE OF IT; OR, IF IT SHOULD BE NOTICED,
EXCUSES MUST BE AT HAND, TO BE PRODUCED IMMEDIATELY."
WHILE PONDERING HOW I WOULD FEEL ABOUT FOREIGN INVADERS WHO MIGHT COME AND OCCUPY MY HOMELAND AND FORCE A FORM OF GOVERNMENT UPON ME AT THE MUZZLE OF AN ASSAULT RIFLE, I RAN ACROSS THIS THOUGHT PROVOKING POEM ABOUT OLD MEN TALKING AND YOUNG MEN DYING. IT'S FROM AN EARLY TWENTIETH CENTURY SPORTSWRITER:
TWO SIDES OF WAR
All wars are planned by old men, in council rooms apart,
Who plan for greater armament and map the battle chart.
But out along the shattered fields, where golden dreams turn gray,
How very young their faces were, where all the dead men lay.
Portly and solemn in their pride, the elders cast their vote,
For this or that, or something else, that sounds the warlike note.
But where their sightless eyes stare out, beyond life's vanished joys,
I've noticed nearly all the dead were hardly more than boys.
Grantland RiceIT SEEMS LIKE MR. RICE IS SAYING THAT OLD SOLDIERS NEVER DIE, JUST YOUNG ONES. FROM WATCHING THE WEEKLY SUNDAY MORNING NEWS "IN MEMORIUM" LIST OF KIA AMERICAN SOLDIERS, IT STRIKES ME THAT MR. RICE GOT IT RIGHT WHEN HE SUGGESTS WHEN RICH OLD MEN WAGE WAR, IT'S THE POOR YOUNG ONES WHO DIE. SPEAKING OF OLD SOLDIERS, HOW ABOUT THIS THOUGHT FROM ONE OF OUR MOST REVERED GENERALS/PRESIDENTS ABOUT THE POLITICS OF FEAR:
We will bankrupt ourselves in the vain search for absolute security.
Dwight David EisenhowerAND FROM A GERMAN CORPORAL ON THE NATURE OF MANKIND:
What luck for rulers that men do not think.
Adolph HitlerCrazy Austrian Housepainter(Later German Chancellor & Fuhrer)(Note: He and Napoleon had one testicle, each!)AND ON THE DANGER OF LOSING OUR TREASURED LIBERTY BY INCREMENTS:
The true danger is when liberty is nibbled away, for expedience, and by parts.
Edmund BurkeAND ON OUR NATIONAL PREDICAMENT:
Our craven rulers falter.
Our people drift and die.
The walls of gold entomb us.
The swords of scorn divide.
Take the thunder from us,
and banish our false pride.
From all that terror teaches,
From lies of tongue and pen,
From all the easy speeches
That come from cruel old men,
From sale and profanation
Of honor and the sword,
From apathy and damnation,
Deliver us, dear Lord.
Adapted from a poem by G.K. Chesterton AND A PARODY OF OUR NEW ROLE IN THE WORLD:
Pissed off at your leaders? Ask us about our new "Regime Change" policy!
For no money down, we'll invade your country and destroy its infrastructure, leveling your homes and ensuring the death of several hundred thousand of your citizens in the process. While we are doing all that, we'll drain our own national treasury bone-dry "rebuilding" your society so that your living conditions will be worse than before we invaded you. Oh yeah, as a bonus we can almost guarantee a religious civil war that will last for years after
we've reduced your culture to Iron Age shambles and departed, leaving only a small number of our crack
troops at the permanent bases we will build on your land, along with a gaggle of highly-paid mercenary
cowboys, to safeguard your liberated and democratized oil fields and pipelines.
AND ON WHAT WE SEE WHEN WE LOOK IN THE MIRROR:
National self-respect and honor,
when we desert these ideals, our decline begins.
Let's stop bragging that we are the greatest
country in the world and start acting like it.
AND, FINALLY, THE INDUCTIVE CONCLUSION THAT ONE MIGHT LOGICALLY DRAW FROM THE EVIDENCE:
Something may be worth a war, but not this!
[Note: The U.S. is the biggest arms dealer in the world. As of October 2007, the War in
Iraq exceeded the length of World War II. Since 1941, the U.S. has been at
war, in one form or another, in all but fourteen years.
Query: Can a democracy exist in a country that is in a perpetual state of aggressive warfare?
For those unconcerned about democracy or the hundreds of thousands of gallons of blood
that have been shed, consider the dollar cost to those here in the homeland.
The U.S. Congress and the administration has spent almost a trillion taxpayer dollars
on the current wars. A trillion dollars is equivalent to a million million dollars - $1,000,000,000,000,
roughly $3500 for every man, woman, and child in the U.S. Estimates are it will be trillions
more in another ten years. A substantial portion of this money has gone into the hands of war profiteers.
As long as war if profitable, expect that there is going to be more of it.
The bank is still open.]
HOMICIDE AND WAR: Finally, since war is all about human beings killing each other, i.e., homicide, we should ask, "Does our own little TPC say anything about killing other people in lawful conduct of war?" Yes, it does. See Section 9.21 - Public Duty. Apparently, use of deadly force in the lawful conduct of war is a form of justifiable homicide. There's no duty to retreat. Danger is assumed. You can kill everyone in the vicinity with missiles and rockets. With your rifles and handguns, you can kill on sight. Killing by lying in wait (assassination) is very popular. Baiting and sniping those who might pick up your bait is preferred because there is no imminent danger to the shooter. But what if a war isn't lawful? What about a war founded on lies from our rulers against a country that has not attacked us and poses no substantial danger to our safety? Are we allowed to use deadly force in a so-called "preventive manner" against those who might conceivably attack us sometime in the far distant future? Do we understand that life lived in fear is life half-lived? Do we understand how fear can be used as propaganda to manipulate us to the point that we approve attacking and killing or maiming, mutilating, and/or dismembering those who originally meant us no harm? Do we understand how those we attack without moral justification may learn to hate and despise us? Do we believe in self-government of our country, and when our elected politicians abuse their authority and power to kill in our name and move the national treasury into corporate hands, do we have the gumption to hold them accountable? If all good things stand from moment to moment on the razor edge of danger and have to be fought for - doesn't that include good government? Is Rome burning? Do you have a nose for smoke? In the right world, people shouldn't have to fear their government, it should be the opposite. Is it ever too late to do the right thing?]
[SO MUCH FOR BUSHROD'S PHILOSOPHICAL MUSINGS AND RHETORIC ABOUT WAR AND PEACE. HERE'S THE OFFICIAL SPRINGWATER RATIONALE IN A NUTSHELL: IF WARRING FOR PEACE IS LIKE SNOGGING OR SHAGGING FOR VIRGINITY, BUSHROD MAY HAVE TO REASSESS HIS SKEPTICAL AND, PERHAPS, QUIXOTIC SENTIMENTS ABOUT THE LOGICAL EFFICACY OF MASS INTENTIONAL KILLING OF HUMANS AND WHOLESALE DESTRUCTION OF THEIR PROPERTY AND WAY OF LIFE, I.E., WAR FOR BOGUS AND FALLACIOUS REASONS.]
DOES ANYTHING MATTER? - AFTER ALL'S SAID AND DONE, DOES ANYTHING MATTER? IF WE CONSIDER THE HUMAN ARM AS EQUIVALENT TO THE EXISTENCE OF THE EARTH, PLUS OR MINUS FOUR BILLION (4,000,000,000) YEARS (WITH DUE APOLOGY TO THOSE WHO PUT THE NUMBER AT 6,000), ALL HUMAN HISTORY WOULD DISAPPEAR WITH ONE STROKE OF AN EMERY BOARD ON THE THE TIP OF THE MIDDLE FINGERNAIL. IF THE ENTIRE UNIVERSE IS BUT ONE BUBBLE IN THE FOAM, DOES IT MATTER IN THE VAST SCHEME IF THE ANIMAL KINGDOM'S MOST REFINED PREDATORS GO POSTAL AND RETURN THE SURFACE OF THIS LITTLE PLANET TO THE STATUS OF MARS? [BY THE WAY, DO YOU KNOW THE SPEED OF LIGHT? IN FEET PER SECOND? METERS PER SECOND? MILES PER SECOND? MPH? ANSWERS: 983,571,056 - 299,792,458 - 186,282 - 670,616,629]
HERE'S WHAT'S COOKING TODAY.
DIMINISHED CAPACITY (RESPONSIBILITY) - THE LESSON WAS ABOUT DIMINISHED CAPACITY AND THE EFFECT OF ADDICTION ON THE VOLUNTARINESS OF AN ACT. DIMINISHED CAPACITY SEEMS TO BE A CONCEPT THAT.LIKE INSANITY, INVOLVES MENTAL DISORDER. HERE THOUGH THE ISSUE RELATES TO THE CAPACITY OF THE DEFENDANT TO FORM THE REQUISITE MENTAL STATE. SOME STATES DON'T ALLOW EXPERT TESTIMONY ON THE ISSUE OF CAPACITY TO FORM MENS REA. A NEW USSC CASE, CLARK V. ARIZONA, ___548 U.S. __, 126 S.CT. 2709 (2006), SUGGESTS THAT IT IS CONSTITUTIONAL FOR A STATE TO PREVENT EXPERT TESTIMONY ON THE CAPACITY TO FORM THE REQUISITE MENTAL STATE, BUT NOT CONSTITUTIONAL TO PREVENT THE DEFENSE FROM PRESENTING LAY AND /OR EXPERT FACTUAL TESTIMONY RE THE ACTUAL PRESENCE OR ABSENCE OF THE REQUISITE MENTAL STATE. READ CLARK FOR YOURSELF. DIMINISHED CAPACITY SOUNDS GOOD FOR DEFENDANTS LIKE WETMORE WHO WOULD OBVIOUSLY PREFER TO WALK RATHER THAN BEING MANDATORILY COMMITTED TO AN INSANE ASYLUM ON A NGBROI VERDICT. NOTE THAT SUBSEQUENT TO WETMORE CALIFORNIA, BY PUBLIC REFERENDUM, ABOLISHED THE DIMINISHED CAPACITY RULE. WE LOOKED AT SEC. 4.02 MPC, WHICH SEEMS TO BE A CLASSIC DIMINISHED CAPACITY LAW. ALSO, MPC 210.3(1)(2) SEEMS TO LOWER MURDER TO MANSLAUGHTER WHEN THE KILLING IS COMMITTED UNDER THE INFLUENCE OF EXTREME EMOTIONAL DISTURBANCE. THAT LOOKS LIKE A SPECIAL DIMINISHED CAPACITY (RESPONSIBILITY) THAT DOES NOT EXCUSE BUT MITIGATES MPC CULPABILTY IN MURDER CASES. THERE IS ALSO A CASE IN TEXAS DEALING WITH THE SUBJECT OF DIMINISHED CAPACITY. IT'S CALLED PENRY V. STATE , 903 S.W.2D 715 (TEX. CRIM. APP. 1995). THE PROF DISCUSSES IT BRIEFLY IN SILVER BULLETS II. ONE DEVELOPMENT IN THE DEATH PENALTY CASE LAW SEEMS TO SMACK OF A RECOGNITION OF DIMINISHED CAPACITY- THE USSC HELD IN ATKINS V. VIRGINIA, 536 U.S. 304 (2002) THAT IT VIOLATES THE CRUEL AND UNUSUAL PUNISHMENT PROVISION OF THE EIGHTH AMENDMENT TO SENTENCE A MENTALLY RETARDED PERSON TO DEATH. OF COURSE, THIS ONLY APPLIES TO THE DEATH PENALTY CASES, BUT IT DOES SEEM LIKE A RECOGNITION OF A CONSTITUTIONALLY BASED LESSER DEGREE OF CRIMINAL RESPONSIBILITY (DIMISHED CAPACITY) FOR A PERSON WHO WAS NOT INSANE AT THE TIME OF THE ACT.
ADDICTION - IN ROBINSON V. CALIFORNIA, 370 U.S. 660 (1962) THE USSC HELD THAT PUNISHING A PERSON FOR BEING ADDICTED TO A DRUG VIOLATED THE EIGHTH AMENDMENT PRHIBITION AGAINST CRUEL AND UNUSUAL PUNISHMENT. ON THE RESPONSIBILITY FOR ADDICTION ISSUE, THE UT (THE MOTHER OF ALL TEXAS LAW SCHOOLS) CRIMINAL DEFENSE CLINIC DID AN INEFFECTIVE JOB IN CHOOSING AND PRESENTING POWELL V. TEXAS AS A TEST CASE FOR THE APPLICATION OF PUBLIC INTOXICATION STATUTES TO CHRONIC ALCOHOLICS. (THEIR PROFESSOR SHOULD HAVE KNOWN BETTER THAN TO BITE OFF MORE THAN HIS STUDENTS COULD CHEW AND SHOULD HAVE ENLISTED HELP IN GATHERING TOGETHER MUCH MORE PERSUASIVE EVIDENCE REGARDING CHRONIC ALCOHOLISM.) TEXAS HAS A PUBLIC INTOXICATION LAW IN SEC. 49.02 TPC. [I'M WONDERING IF THERE COULD BE A LAW THAT PUNISHES ADDICTED MOTHERS FOR DAMAGING THEIR UNBORN KIDS, EVEN IN THE EMBRYONIC STAGES, BY TAKING DRUGS, DRINKING BOOZE, AND/OR SMOKING TOBACCO WHILE CARRYING A CHILD. SHOULD THE ADDICTION ABSOLVE THEM FROM INJURY TO A CHILD. REMEMBER THAT SINCE SEPT. 1, 2003, AN "INDIVIDUAL" IN TEXAS IS "A HUMAN BEING WHO IS ALIVE AND AN UNBORN CHILD AT EVERY STAGE OF GESTATION FROM FERTILIZATION UNTIL BIRTH." SEE SECTION 1.07 (26) TPC. PASS THE FRUIT JAR., HOMER]
COMMITMENT AND REGISTRATION OF SEXUALLY VIOLENT PREDATORS WHO ARE PEDOPHILES - (SEE SILVER BULLETS SEX CRIMES) IN RECENT YEARS THERE HAS BEEN A TREND IN THE USSC TO UPHOLD STATUTES THAT REQUIRE REGISTRATION AND ALLOW FOR "CIVIL" COMMITMENT OF SEX OFFENDERS WHO HAVE COMPLETED THEIR CRIMINAL SENTENCES. THE USSC HAS DENIED DOUBLE JEOPARDY AND EX POST FACTO CLAIMS IN THESE CASES SEE KANSAS V. HENDRICKS, 521 U.S. 346 (1997). SEE ALSO THE RECENT CASE OF SMITH V. DOE, 538 U.S. 84 (2003). THE COURT VIEWS THE LOSS OF FREEDOM ACCOMPANYING THESE STATUTES AS A NON-PUNITIVE CIVIL REMEDY. CHECK OUT THE CENTER FOR SEX OFENDER MANAGEMENT AND THIS MEMBERS-ONLY DISCUSSION GROUP OF DEFENSE ATTORNEYS WHO REPRESENT ALLEGED SEXUAL PREDATORS IN STATES HAVING CIVIL COMMITMENT STATUTES. TEXAS, MODELING AFTER THE KANSAS APPROACH, ENACTED ITS OWN VERSION OF THE CIVIL COMMITMENT FOR SEXUALLY VIOLENT PREDATORS LAW IN 2003. I'M FULLY AGAINST PEDOPHILES AND RAPISTS, BUT I THINK MAYBE THE LEGISLATURE AND COURTS HAVE GONE OVERBOARD IN CREATING THESE SO-CALLED NON-PUNITIVE "CIVIL" COMMITMENT STATUTES THAT TAKE LIBERTY AWAY FROM A PERSON WHO MAY HAVE ALREADY PAID HIS CRIMINAL DEBT TO SOCIETY. TO THE EXTENT THAT THESE COMMITMENT STATUTES SEEK TO INCAPACITATE THE SUBJECT BASED WHOLLY UPON FEAR OF FUTURE DANGEROUSNESS, THEY SEEM PUNITIVE TO ME, PARTICULARLY IF NO TREATMENT WILL BE AFFORDED. I'M ALSO CONCERNED ABOUT SEX REGISTRATION STATUTES LIKE TEXAS' CHAPTER 62 (SEX OFFENDER REGISTRATION PROGRAM) ARTS. 62.001- 62.408 CCP. IF A YEAR OLD GUY HAS CONSENSUAL SEX WITH HIS 16-YEAR-OLD GIRLFRIEND AND IS CONVICTED OF STATUTORY RAPE OR SEXUAL ASSAULT, IT SEEMS HARSH TO BRAND HIM AS A SEX OFFENDER. HAVING YOUR NAME AND ADDRESS ON THE INTERNET AS A SEX OFFENDER MAY BE OVER THE-TOP FOR FOLKS WHO AREN'T REALLY SEXUAL PREDATORS.
INFANCY OR IMMATURITY DEFENSE (1) - IT'S A BIT AMAZING THAT IMMATURITY OR INFANCY ISN'T TREATED IN THE JOHNSON CASEBOOK; NOT A GLARING OMISSION, BUT DISAPPOINTING TO ME. EVEN THOUGH JUVENILE LAW IS BEYOND THE SCOPE OF OUR COURSE, WE NEED TO KNOW A BIT ABOUT THE INFANCY (IMMATURITY) DEFENSE TO CRIMINAL RESPONSIBILITY, PARTICULARY IN LIGHT OF RECENT MOVEMENTS IN THE STATES TO INCAPACITATE CERTAIN JUVENILES WHO ENGAGE IN EXTREMELY VICIOUS AND DANGEROUS CONDUCT THAT WOULD CARR