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Re: This just in -- Barry is a useless piece of shit

Posted: Tue Nov 17, 2009 9:35 pm
by Diogenes
OCmike wrote:JMak, I am agreeing with the concept of an open trial because we don't arrest people in this country, not charge them or try them, and jail them forever. That's arcane Sharia bullshit.

Having fair trials protects the same from happening to you. Don't think it could happen? How quickly did Bush shift gears on the wiretapping bill to include domestic spying?
A) That's what the military tribunal is for. Just because they don't use the same rules of evidence against known enemy combatants as they do against accused citizens with Constitutional rights, doesn't mean they are unfair.


B) How many U.S. citizens have been arrested and charged due to this mythical 'domestic spying'?

Re: This just in -- Barry is a useless piece of shit

Posted: Tue Nov 17, 2009 10:41 pm
by OCmike
Diogenes wrote:
OCmike wrote:JMak, I am agreeing with the concept of an open trial because we don't arrest people in this country, not charge them or try them, and jail them forever. That's arcane Sharia bullshit.

Having fair trials protects the same from happening to you. Don't think it could happen? How quickly did Bush shift gears on the wiretapping bill to include domestic spying?
A) That's what the military tribunal is for. Just because they don't use the same rules of evidence against known enemy combatants as they do against accused citizens with Constitutional rights, doesn't mean they are unfair.


B) How many U.S. citizens have been arrested and charged due to this mythical 'domestic spying'?
A. I've already said that I'm fine with a MT. I just think closed doors isbullshit, as is the "national security" justification for doing so.

B. That's like "if you're not doing anything wrong, you have nothing to worry about.". If you want to live in a police state, there're plenty to choose from. If none has been arrested after several years then it's worthless and should be scrapped.

Re: This just in -- Barry is a useless piece of shit

Posted: Tue Nov 17, 2009 11:35 pm
by Diogenes
OCmike wrote:
Diogenes wrote:
OCmike wrote:JMak, I am agreeing with the concept of an open trial because we don't arrest people in this country, not charge them or try them, and jail them forever. That's arcane Sharia bullshit.

Having fair trials protects the same from happening to you. Don't think it could happen? How quickly did Bush shift gears on the wiretapping bill to include domestic spying?
A) That's what the military tribunal is for. Just because they don't use the same rules of evidence against known enemy combatants as they do against accused citizens with Constitutional rights, doesn't mean they are unfair.


B) How many U.S. citizens have been arrested and charged due to this mythical 'domestic spying'?
A. I've already said that I'm fine with a MT. I just think closed doors isbullshit, as is the "national security" justification for doing so.

B. That's like "if you're not doing anything wrong, you have nothing to worry about.". If you want to live in a police state, there're plenty to choose from. If none has been arrested after several years then it's worthless and should be scrapped.
A) As long as the transcripts are available to the public afterward, I'm cool with closed doors. The modern Court TV attitude of the judicial process as prurient entertainment is loathsome.

B) No. It's exactly like "your 'domestic spying' meme is nothing but moveon/DNC propaganda". The fact that there has never been a U.S. citizen accused of a crime because of it is evidence.

C) Does anything about the extra-legal Nuremberg 'trials' offend you? Or is it...


Nazis-bad. Terrorists-misunderstood.

Re: This just in -- Barry is a useless piece of shit

Posted: Wed Nov 18, 2009 12:13 am
by Dinsdale
Diogenes wrote:The modern Court TV attitude of the judicial process as prurient entertainment is loathsome.
Uhm... I don't think "prurient" means what you think it means.

Then again, at least you spelled it correctly, which is pretty much a home run for you.


The next time you use a multi-syllabic word properly will be the first time.

Re: This just in -- Barry is a useless piece of shit

Posted: Wed Nov 18, 2009 12:19 am
by Diogenes
Dinsdale wrote:







Yawwwwn.

Re: This just in -- Barry is a useless piece of shit

Posted: Wed Nov 18, 2009 12:34 am
by Diogenes
Screw_Michigan wrote:Image
STFU, faggot.

Re: This just in -- Barry is a useless piece of shit

Posted: Wed Nov 18, 2009 1:23 am
by Shlomart Ben Yisrael
Image

Re: This just in -- Barry is a useless piece of shit

Posted: Wed Nov 18, 2009 12:24 pm
by poptart
Mike, if it is necessary for us to take KSM (and other shitbags) to civilian court to prove, beyond a reasonable doubt, that they are complict of mass murder, by what right do we go into Afghanistan, Pakistan, Iraq ... wherever, and KILL shitbags, none of whom have been given a fair trial?

What do you say?

Re: This just in -- Barry is a useless piece of shit

Posted: Wed Nov 18, 2009 4:56 pm
by JMak
OCmike wrote:Good God and G0d, Jmak...WTF was that? It's like someone took meth, Bsmack's arguing style and mvscal's politics, jammed them in Pain's cooch and another retarded kid shlorped out. Now all you need is a fucked up name. How bout "Tweek"?

Listen, Tweek, I don't do the Strawman thing. I just say what I think.

No, I won't explain things that are obvious and/or common knowledge. You're clearly one of those tools that just enjoys semantics battles and circular arguing. So bring something to the table or go fuck yourself.

Oh, and I was commenting on the level of public surveillance in England. Of course, you would have noticed that if you'd turn off the "auto-tool" feature on your frontal lobe.
Lets open this up then...is it common knowledge that Bush expanded Presdential authority to monitor Americans as OCMike stated? Cuz it ain't to me. Now I understand that the Patriot Act was passed by Congress. And that's commonly characterized as having expanded government authority, though this is often mistaken.

So what obvious expansions of the so-called presidential authority to monitor Americans did Bush impose? Anyone?

As for strawmen, you did, indeed, throw a strawman argument out here. Here, I'll report it:
...we don't arrest people in this country, not charge them or try them, and jail them forever.
Whether you were talking out of your ass just saying whatever came to your mind at that moment or not, this is still a strawman. No one in this thread was suggesting that individuals arrested in the US should not be charged, should not be prosecuted, or shoud be detained forever.

And what I brought to the table was a smackdown of your bullshit that any of us here are in any danger whatsoever of being treated like KSM. That you have this fantasy-land delusion should have been a huge red flag to the rest of us about your inability to have an intellectually honest discussion. You snookered us, props!

Re: This just in -- Barry is a useless piece of shit

Posted: Wed Nov 18, 2009 4:58 pm
by JMak
poptart wrote:Mike, if it is necessary for us to take KSM (and other shitbags) to civilian court to prove, beyond a reasonable doubt, that they are complict of mass murder, by what right do we go into Afghanistan, Pakistan, Iraq ... wherever, and KILL shitbags, none of whom have been given a fair trial?

What do you say?
That's an excellent question, but better directed at Obama. Recall that it was Obama blasting Bush and Cheney for the Gitmo detentions and whining about the lack of due process. Yet, here is he ordering Predator hits to whack terrorists...so much for due process, eh?

Like most of the libtards arguments, what we're seeing here from OCMike and others is complete nonsense on stilts.

Re: This just in -- Barry is a useless piece of shit

Posted: Wed Nov 18, 2009 6:19 pm
by OCmike
I'm a registered Republican, Libertarian on rights, fiscally conservative and vote my conscience on social issues.

Regarding the expansion of powers, you're right...I stepped in it. To clarify, Bush requested to expand the Patriot act to include IIRC warrantless wiretapping and surveillance of incoming and out-going international calls. What's common knowledge is tha hey were just seeking a legal justification for what they were already doing. Both parties do that crap, so spare me the "link?" response.

My view is that these murdering assholes deserve a fair trial, whether in MT or civil court, as long as it's not closed-door rubber-stampbullshit. I don't think civil court is the best place (obviously), because there will have to be 4427 rulings on what is admissible, regarding arrest methods of foreign cops, treatment at Gitmo, etc.

The assertion that barry wants to let them go is just retarded though. If that were to happen he knows it'd be the death of his party. Being a Dem from Chicago, loyalty to the party is #1 for him.

"In this country" referred to "people who live in this country", since this is a nation of laws. My view.

Re: This just in -- Barry is a useless piece of shit

Posted: Wed Nov 18, 2009 7:04 pm
by LTS TRN 2
Weasel, the Chimp and his minions/handlers engaged in all manner of ILLEGAL wiretapping. And illegal kidnapping, torture, and detention of suspects based on nothing more than someone else turning them in for a bounty.

If there's evidence against Ron Jeremy--and not the torture induced "confessions"--well, why not bring it out in court? Why are the tea-bagging war-freak weasels like yourself so terrified about America actually living up to its laws and principles?

Re: This just in -- Barry is a useless piece of shit

Posted: Wed Nov 18, 2009 7:44 pm
by OCmike
Oh yeah, and... Wait,NICK AGREES WITH EVERYTHING I JUST SAID?? Good God and G0d...I take back everything I posted in this thread.

Beat em to death with shoes, cover them with pig's blood and bury them face down.

Re: This just in -- Barry is a useless piece of shit

Posted: Wed Nov 18, 2009 7:52 pm
by JMak
OCmike wrote:I'm a registered Republican, Libertarian on rights, fiscally conservative and vote my conscience on social issues.
I don't care. I was merely observing that your argument, like that of the libtards, is nonsense on stilts. What, registered Republicans cannot have nonsensical arguments? :meds:
Regarding the expansion of powers, you're right...I stepped in it. To clarify, Bush requested to expand the Patriot act to include IIRC warrantless wiretapping and surveillance of incoming and out-going international calls. What's common knowledge is tha hey were just seeking a legal justification for what they were already doing. Both parties do that crap, so spare me the "link?" response.
What request are you talking about? The type of warrantless surveillance you're talking about was already permitted via FISA's foreign intelligence provision. I think you are misconstruing what Bush was asking for.
My view is that these murdering assholes deserve a fair trial, whether in MT or civil court, as long as it's not closed-door rubber-stampbullshit.
So you want to avoid the rubberstamp, eh? Then Obama and Holder have already blown that away by 1) both promising that KSM would be convicted; and b) for brining the trial to NYC, the place viciously attacked by his terrorist pals...yeah, I'm sure there's a fair trial to be had there...
I don't think civil court is the best place (obviously), because there will have to be 4427 rulings on what is admissible, regarding arrest methods of foreign cops, treatment at Gitmo, etc.
I don't see those as important as the fact that a terrorist who planned the massacre of thousands of civilians, a war crime, is bieng treated as an ordinary crook. He is, in fact, being rewarded with all the protections and privileges granted to ordinary civilians despite committing the most heinous of crimes.

At the same time, Obama is still pursuing tribunals for other captured terrorists.

WTF is going on?
The assertion that barry wants to let them go is just retarded though. If that were to happen he knows it'd be the death of his party. Being a Dem from Chicago, loyalty to the party is #1 for him.
Which further undermines bringing this to a civilian court. There's no way KSM walks. Obama will find a reason to incercerate him indefinitely. Hence, this trial is a rubber stamp no matter how you look at it.
"In this country" referred to "people who live in this country", since this is a nation of laws. My view.
No, no, no...you said, "we don't arrest people in this country, not charge them or try them, and jail them forever."

No shit. Of course we don't. But, again, no one was suggesting that we do or that we should. And it does not apply to the KSM case at hand.

Re: This just in -- Barry is a useless piece of shit

Posted: Wed Nov 18, 2009 7:53 pm
by JMak
LTS TRN 2 wrote:If there's evidence against Ron Jeremy--and not the torture induced "confessions"--well, why not bring it out in court? Why are the tea-bagging war-freak weasels like yourself so terrified about America actually living up to its laws and principles?
How about because never in our nation's history have we done so?

What do I win?

Re: This just in -- Barry is a useless piece of shit

Posted: Wed Nov 18, 2009 8:39 pm
by LTS TRN 2
You win your dick in your hand as usual.

What are you saying America's never done? Present evidence against a foreign criminal? Huh?

And again, why are you suggesting that the attacks of 9/11 (regardless of who did them) constitute an act of war? On whose behalf? Because Timothy McViegh was a citizen this somehow makes everything different? That's ludicrous, and even a niggling little weasel like you knows it.

This is a criminal matter from the start. From the planning to the stand down to the cover up to the illegal wars mounted in its wake, the PNAC crime of the century needs to be redressed, but not in secret.

Re: This just in -- Barry is a useless piece of shit

Posted: Wed Nov 18, 2009 9:03 pm
by JMak
LTS TRN 2 wrote:You win your dick in your hand as usual.
Wanna give that another try?
What are you saying America's never done? Present evidence against a foreign criminal? Huh?
No, moron. We're dealing with KSM and other terrorists that were captured outside the US and detained outside the US being granted access to US civilian courts. That has never happened before in the US. That's what I was talking about.
And again, why are you suggesting that the attacks of 9/11 (regardless of who did them) constitute an act of war? On whose behalf? Because Timothy McViegh was a citizen this somehow makes everything different? That's ludicrous, and even a niggling little weasel like you knows it.
I guess they were a political statement???
This is a criminal matter from the start. From the planning to the stand down to the cover up to the illegal wars mounted in its wake, the PNAC crime of the century needs to be redressed, but not in secret.
LMAO!! Thanks.

Re: This just in -- Barry is a useless piece of shit

Posted: Wed Nov 18, 2009 10:11 pm
by OCmike
JMak, let me simplify things for you:

Incarceration without charges: That's not how we roll.
Enemy Combatants. Intended for use on those fighting for a country, yet not in the armed forces. Charging KSM and anyone else as such is illegal. The only reason KSMnd pals were designated as such was to provide a legal basis for holding them indefinitely. White House lawyers were involved in defining "enemy combatant". Nuff said.
Fair trials: By that I mean "charged and given the opportunity to defend one's self". If we give it to child molesters, we can give it to these tools also. No one's saying an NYC trial is a good idea, so stop hyperventilating like a freshman doing his first slow dance.

I'm misrepresenting Bush's intentions?? :lol: Please provide the proper interpretation then. :batedbreath:

I don't give a fuck if you give a fuck about my leanings. I posted them purely so you'd know that I'm not a lock-stepping apologist tool for either party. Anyone who blindly approves of blatant abuses of power, jams his fingers in his ears and LALALALA's when presented with the obvious negatives of such abuses, is a fool and will be mocked accordingly.

Re: This just in -- Barry is a useless piece of shit

Posted: Wed Nov 18, 2009 10:47 pm
by Diogenes
OCmike wrote:Incarceration without charges: That's not how we roll.
You could have fooled me.

Sin,

Image

Re: This just in -- Barry is a useless piece of shit

Posted: Thu Nov 19, 2009 2:36 am
by Diogenes
At the End of the Day, Diversity Has Jumped the Shark
by Ann Coulter
11/18/2009


It cannot be said often enough that the chief of staff of the United States Army, Gen. George Casey, responded to a massacre of 13 Americans in which the suspect is a Muslim by saying: "Our diversity ... is a strength."

As long as the general has brought it up: Never in recorded history has diversity been anything but a problem. Look at Ireland with its Protestant and Catholic populations, Canada with its French and English populations, Israel with its Jewish and Palestinian populations.

Or consider the warring factions in India, Sri Lanka, China, Iraq, Czechoslovakia (until it happily split up), the Balkans and Chechnya. Also look at the festering hotbeds of tribal warfare -- I mean the beautiful mosaics -- in Third World hellholes like Afghanistan, Rwanda and South Central, L.A.


"Diversity" is a difficulty to be overcome, not an advantage to be sought. True, America does a better job than most at accommodating a diverse population. We also do a better job at curing cancer and containing pollution. But no one goes around mindlessly exclaiming: "Cancer is a strength!" "Pollution is our greatest asset!"

By contrast, the canard "diversity is a strength" has now replaced "at the end of the day," "skin in the game," "blood and treasure," "jumped the shark," "boots on the ground," "horrific" (whatever happened to the perfectly good word "horrible"?), "not so much," "I am shocked, shocked to find that gambling is going on here," and "that went well," as America's most irritating cliche.

We should start making up other nonsense mantras along the lines of "diversity is a strength" and mindlessly repeating them until they catch on, too.

Next time you're at a cocktail party, just start saying, "Chocolate pudding is dramatic irony" from time to time. Eventually other people will start saying it, without anyone bothering to consider whether it makes sense. Then we'll do another one: "Nicolas Cage is a two-cycle engine."

Before you know it, liberals will react to news of a mass murder by muttering, "Well, you know what they say: Nicolas Cage is a two-cycle engine," while everyone nods in agreement.

Except mere nonsense makes more sense than "diversity is a strength."

If Gen. Casey's wildly inappropriate use of this lunatic cliche in the aftermath of the Fort Hood massacre doesn't kill it, nothing will.

Among the worst aspects of America's "diversity" is that liberals' reaction to a heterogeneous population is to create a pecking order based on alleged victimhood -- as described in electrifying detail in my book, Guilty: Liberal 'Victims' and Their Assault on America.

In modern America, the guilty are sanctified, while the innocent never stop paying -- including with their lives, as they did at Fort Hood last week. Points are awarded to aspiring victims for angry self-righteousness, acts of violence and general unpleasantness.

But liberals celebrate diversity only in the case of superficial characteristics like race, gender, sexual preference and country of origin. They reject diversity when we need it, such as in "diversity" of legal forums.

After conferring with everyone at Zabar's, Obama decided that if a standard civilian trial is good enough for Martha Stewart, then it's good enough for the mastermind of the 9/11 attacks. So Khalid Sheikh Mohammed is coming to New York!

Mohammed's military tribunal was already under way when Obama came into office, stopped the proceedings and, eight months later, announced that Mohammed would be tried in a federal court in New York.

In a liberal's reckoning, diversity is good when we have both Muslim jihadists and patriotic Americans serving in the U.S. military. But diversity is bad when Martha Stewart and Khalid Sheikh Mohammed are subjected to different legal tribunals to adjudicate their transgressions.

Terrorists tried in civilian courts will be entitled to the whole panoply of legal protections accorded Stewart or any American charged with a crime, such as the presumption of innocence, the right to a fair trial, the right to exclude evidence obtained in violation of Miranda rights, the right to a speedy trial, the right to confront one's accusers, the right to a change of venue, the right to examine the evidence against you, and the right to subpoena witnesses and evidence in one's defense.

Members of Congress have it in their power to put an end to this lunacy right now. If they don't, they are as complicit in Mohammed's civilian trial as the president. Article I, Section 8, and Article III, Section 1 of the Constitution give Congress the power to establish the jurisdiction of the lower federal courts and to create exceptions to that jurisdiction.

Congress could pass a statute limiting federal court jurisdiction to individuals not subject to trial before a military tribunal. Any legislator who votes "nay" on a such a bill will be voting to give foreign terrorists the same legal rights as U.S. citizens -- and more legal rights than members of the U.S. military are entitled to.


In the case of legal proceedings, diversity actually is a strength.
Of course this would never even come to a vote. But it would be worthwhile to submit a bill and keep a list of the pro-AQ members of the POP that killed it.

Re: This just in -- Barry is a useless piece of shit

Posted: Thu Nov 19, 2009 6:30 am
by LTS TRN 2
If there's some good reason An Coulter and her simplistic man-hands gibberish is still being bandied about Ive not....Oh, it's ZioDog the lamest auto-Rove Monkey in the deck. Never mind.

Re: This just in -- Barry is a useless piece of shit

Posted: Thu Nov 19, 2009 6:53 am
by OCmike
LTS TRN 2 wrote:If there's some good reason An Coulter and her simplistic man-hands gibberish is still being bandied about Ive not....Oh, it's ZioDog the lamest auto-Rove Monkey in the deck. Never mind.
Actually, Nick, this:
Article I, Section 8, and Article III, Section 1 of the Constitution give Congress the power to establish the jurisdiction of the lower federal courts and to create exceptions to that jurisdiction.

Congress could pass a statute limiting federal court jurisdiction to individuals not subject to trial before a military tribunal.
...is the most complelling objection on this topic that I've heard to date. At least she's not just bitching about it like most contrarians, regardless of topic.

Re: This just in -- Barry is a useless piece of shit

Posted: Thu Nov 19, 2009 6:57 am
by OCmike
mvscal wrote: The legal framework for that has been in place for the last 30 years or so under the Foreign Intelligence Surveillance Act. You might want to acquaint yourself with the facts before you begin quivering with outrage.
Domestic wiretapping is in the "Foreign Intelligence Surveillance Act"??? Interesting.

While I'm waiting for your world class spin job on that, if you need me, I'll be over here quivering with outrage --------->

Re: This just in -- Barry is a useless piece of shit

Posted: Thu Nov 19, 2009 8:34 am
by LTS TRN 2
C'mon, Mike, man hands is a lunatic, for starters. Her rabid racist/Christer rants are an embarrassment right out of the gate. As to any issue she shrieks at, she adopts the basic route of Limpdick and O' Reilly, et al., namely a ranting--and very childish--insistence on some sort of divinely mandated "American Exceptionalism"--or some such nonsense.

The bullshit she's peddling here is that America should dispense with its basic principles and laws, and just invade and convert those heathen terrorist camel-fucking sub-humans (just fill in Avi's standard blather) and torture and kill them if we somehow get our hands on them.

But, like Palin and Bachmann, and Limpdick, and Beck...and dented hubcaps like Avi the coward--everyone except frightened and cowardly war-mongering Christer assholes know she's a fake nasty piece of shit. And that's still the majority, Mike.

Re: This just in -- Barry is a useless piece of shit

Posted: Thu Nov 19, 2009 8:41 am
by poptart
OCmike wrote:Incarceration without charges: That's not how we roll.
Enemy Combatants. Intended for use on those fighting for a country, yet not in the armed forces. Charging KSM and anyone else as such is illegal. The only reason KSMnd pals were designated as such was to provide a legal basis for holding them indefinitely. White House lawyers were involved in defining "enemy combatant". Nuff said.
Fair trials: By that I mean "charged and given the opportunity to defend one's self". If we give it to child molesters, we can give it to these tools also. No one's saying an NYC trial is a good idea, so stop hyperventilating like a freshman doing his first slow dance.
Hmmmm .....

Mike, I asked you this ...
poptart wrote:If it is necessary for us to take KSM (and other shitbags) to civilian court to prove, beyond a reasonable doubt, that they are complict of mass murder, by what right do we go into Afghanistan, Pakistan, Iraq ... wherever, and KILL shitbags, none of whom have been given a fair trial?
You didn't really attempt to answer.

It looks extremely problematic for those taking your point of view, imo.

Re: This just in -- Barry is a useless piece of shit

Posted: Thu Nov 19, 2009 8:48 am
by LTS TRN 2
yo weasel, maybe you haven't figured it out, but your pissy parsing and niggling is just so much annoying fake crap.

Tell us, weasel, why do you suppose those Israeli agents were dancing gleefully in NJ as they watched the WTC attacks?

http://www.youtube.com/watch?v=2CHq6JocvDM
http://www.youtube.com/watch?v=tRfhUezbKLw

Step your game up, twerp. :wink:

Re: This just in -- Barry is a useless piece of shit

Posted: Thu Nov 19, 2009 3:37 pm
by Sirfindafold
LTS TRN 2 wrote:Tell us, weasel, why do you suppose those Israeli agents were dancing gleefully in NJ as they watched the WTC attacks?

They saw a guy that looks like Tiny Tim jump out the window.

Re: This just in -- Barry is a useless piece of shit

Posted: Thu Nov 19, 2009 7:12 pm
by JMak
OCmike wrote:
mvscal wrote: The legal framework for that has been in place for the last 30 years or so under the Foreign Intelligence Surveillance Act. You might want to acquaint yourself with the facts before you begin quivering with outrage.
Domestic wiretapping is in the "Foreign Intelligence Surveillance Act"??? Interesting.

While I'm waiting for your world class spin job on that, if you need me, I'll be over here quivering with outrage --------->
Yes, clown, why do you think FISA exists? Do you think FISA exists to regulate the collection of foreing intelligence outside of the United States?? Nooooo. FISA exists to regulate the domestic collection of foreign intelligence, i.e, to regulate the surveillance of individuals within the United States for foreing intelligence purposes.

The Bush administration was attempting to modify FISA to correct very important flaws in that law. For example, FISA focuses mostly on the types of communications that can be surveilled. The administration, and many others, wanted to make FISA communication neutral and more target-speicifc because the then-current FISA law limited application to very specific types of communication and then further required additional warrants to cover separate types of communication. A legit issue I think you'll agree...

More importantly, though, FISA does permit warrantless searches for foreign intelligence purposes so long as it is directed at foreign powers or foreign agents - 50 U.S.C. § 1801.

But even more importantly, though, is the tension between constitutional and statutory authority. Every federal court, as recognized in Truong (United States v. Truong Dinh Hung, 629 F.2d 908) has "held that the President did have inherent authority to conduct warrantless searches to obtain foreign intelligence information." Further, the Truong noted, "We take for granted that the President does have that authority and, assuming that is so, FISA could not encroach on the President’s constitutional power." A statute simply cannot overcome a constitutional authority. In other words, the Congress cannot, constitutionally, enact statutory langauge that diminishes or otherwise rescind constitutional authority vested to POTUS.

So, even with FISA in place, the President still has the constitutional authority to engage in domestic foreign intelligence surveillance without a warrant. And so says the highest and most specialized court reviewing this issue - the FISA Court of Review. And that Court has only been assembled once, in 2002, at the behest of the Bush administration to review its domestic surveillance plans after the lower FISA courts had had their chances to review.

I'm always amazed by those people that want to argue that Bush unilaterally and without much thought other than to impose to police state desire impose this domestic surveillance program. The Bush administration repeatedly engaged the FISA courts to review their plans and, ultimately, led to the Court of Review to convene for the first time. Hardly not a considered, careful approach, eh?

Re: This just in -- Barry is a useless piece of shit

Posted: Mon Nov 23, 2009 6:55 am
by LTS TRN 2
Weasel, your long winded parsing deserves a reply...read this. Attempt to refute it, point by point in meticulous detail.


John Yoo's war crimes
By Glenn Greenwald

Yet again, the ACLU has performed the function which Congress and the media are intended to perform but do not. As the result of a FOIA lawsuit the ACLU filed and then prosecuted for several years, numerous documents relating to the Bush administration's torture regime that have long been baselessly kept secret were released yesterday, including an 81-page memorandum (.pdf) issued in 2003 by then-Deputy Assistant Attorney General John Yoo (currently a Berkeley Law Professor) which asserted that the President's war powers entitle him to ignore multiple laws which criminalized the use of torture:

If a government defendant were to harm an enemy combatant during an interrogation in a manner that might arguably violate a criminal prohibition, he would be doing so in order to prevent further attacks on the United States by the al Qaeda terrorist network. In that case, we believe that he could argue that the executive branch's constitutional authority to protect the nation from attack justified his actions.

As Jane Mayer reported two years ago in The New Yorker -- in which she quoted former Navy General Counsel Alberto Mora as saying that "the memo espoused an extreme and virtually unlimited theory of the extent of the President's Commander-in-Chief authority" -- it was precisely Yoo's torture-justifying theories, ultimately endorsed by Donald Rumsfeld, that were communicated to Gen. Geoffrey Miller, the commander of both Guantanamo and Abu Ghraib at the time of the most severe detainee abuses (the ones that are known).

It is not, of course, news that the Bush administration adopted (and still embraces) legal theories which vest the President with literally unlimited power, including the power to break our laws. There are, though, several points worth noting as a result of the disclosure of this Memorandum:

(1) The fact that John Yoo is a Professor of Law at Berkeley and is treated as a respectable, serious expert by our media institutions, reflects the complete destruction over the last eight years of whatever moral authority the United States possessed. Comporting with long-held stereotypes of two-bit tyrannies, we're now a country that literally exempts our highest political officials from the rule of law, and have decided that there should be no consequences when they commit serious felonies.

John Yoo's Memorandum, as intended, directly led to -- caused -- a whole series of war crimes at both Guantanamo and in Iraq. The reason such a relatively low-level DOJ official was able to issue such influential and extraordinary opinions was because he was working directly with, and at the behest of, the two most important legal officials in the administration: George Bush's White House counsel, Alberto Gonzales, and Dick Cheney's counsel (and current Chief of Staff) David Addington. Together, they deliberately created and authorized a regime of torture and other brutal interrogation methods that are, by all measures, very serious war crimes.

If writing memoranda authorizing torture -- actions which then directly lead to the systematic commission of torture -- doesn't make one a war criminal in the U.S., what does? Here is what John Yoo is and what he did:



"It depends on why the President thinks he needs to do that." Yoo wasn't just a law professor theorizing about the legalization of torture. He was a government official who, in concert with other government officials, set out to enable a brutal and systematic torture regime, and did so. If this level of depraved criminality doesn't remove one from the realm of respectability and mainstream seriousness -- if not result in war crimes prosecution -- then nothing does.

That John Yoo is a full professor at one of the country's most prestigious law schools, and a welcomed expert on our newspaper's Op-Ed pages and television news programs, speaks volumes about what our country has become. We sure did take care of that despicable Pvt. Lyndie England, though, because we don't tolerate barbaric conduct of the type in which she engaged completely on her own.

(2) While Yoo's specific Torture Memos were ultimately rescinded by subsequent DOJ officials -- primarily Jack Goldsmith -- the underlying theories of omnipotent executive power remain largely in place. The administration continues to embrace precisely these same theories to assert that it has the power to violate a whole array of laws -- from our nation's spying and surveillance statutes to countless Congressional oversight requirements -- and to detain even U.S. citizens, detained on American soil, as "enemy combatants." So for all of the dramatic outrage that this Yoo memo will generate for a day or so, the general framework on which it rests, despite being weakened by the Supreme Court in Hamdan, is the one under which we continue to live, without much protest or objection.

(3) This incident provides yet more proof of how rancid and corrupt is the premise that as long as political appointees at the DOJ approve of certain conduct, then that conduct must be shielded from criminal prosecution. That's the premise that is being applied over and over to remove government lawbreaking from the reach of the law.

That's the central argument behind both telecom amnesty and protecting Bush officials from their surveillance felonies (it's unfair to hold them accountable for their illegal spying behavior because the DOJ said they could do it). It's the same argument that CIA Director Gen. Michael Hayden just made on Meet the Press as to why CIA interrogators should be immunized from the consequences of their illegal conduct ("when I go and tell him to do something in the shadows and point out to him it is perfectly lawful, that the Department of Justice has reviewed it . . . I need him to have confidence in that DOJ opinion").

The DOJ is not the law. They are not above the law and they do not make the law. They are merely charged with enforcing it. The fact that they assert that blatantly illegal conduct is legal does not make it so. DOJ officials, like anyone else, can violate the law and have done so not infrequently. High DOJ officials -- including Attorneys General -- have been convicted of crimes in the past and have gone to prison.

Embracing this twisted notion that the DOJ has the authority to immunize any conduct by high government officials or private actors from the reach of the law is a recipe for inevitable lawlessness. It enables the President to break the law, or authorize lawbreaking, simply by having his political appointees at DOJ -- including ideologues like John Yoo -- declare that he can do it. As these incidents ought to demonstrate rather vividly, the mere fact that Bush officials at the DOJ declare something to be legal cannot provide license to break the law with impunity.

(4) Since the Nuremberg Trials, "war criminals" include not only those who directly apply the criminal violence and other forms of brutality, but also government officials who authorized it and military officials who oversaw it. Ironically, the Bush administration itself argued in the 2006 case of Hamdan -- when they sought to prosecute as a "war criminal" a Guantanamo detainee whom they allege was a driver for Osama bin Laden -- that one is guilty of war crimes not merely by directly violating the laws of war, but also by participating in a conspiracy to do so.

That legal question was unresolved in that case, but Justices Thomas and Scalia both sided with the administration and Thomas wrote (emphasis added):

"[T]he experience of our wars," Winthrop 839, is rife with evidence that establishes beyond any doubt that conspiracy to violate the laws of war is itself an offense cognizable before a law-of-war military commission. . . . . In [World War II], the orders establishing the jurisdiction of military commissions in various theaters of operation provided that conspiracy to violate the laws of war was a cognizable offense. See Letter, General Headquarters, United States Army Forces, Pacific (Sept. 24, 1945), Record in Yamashita v. Styer, O. T. 1945, No. 672, pp. 14, 16 (Exh. F) (Order respecting the "Regulations Governing the Trial of War Criminals" provided that "participation in a common plan or conspiracy to accomplish" various offenses against the law of war was cognizable before military commissions).

The political reality is that high government officials in the U.S. are never going to be held accountable for war crimes. In practice, "international law" exists as a justifying instrument for powerful countries to impose their will on those which are less powerful, and war crimes tribunals are almost always a form of victor's justice. So neither John Yoo, David Addington nor Alberto Gonzales, and certainly not their bosses at whose behest they were working, are going to be sitting in a dock charged with war crimes any time soon -- regardless of whether they ought to be.

But those who propound these principles and claim to believe in them ought to apply them consistently. John Yoo is not some misguided conservative legal thinker with whom one should have civil, pleasant, intellectually stimulating debates at law schools and on PBS. Respectfully debating the legality and justification of torture regimes, and treating systematic torture perpetrators like John Yoo with respect, isn't all that far off from what Yoo and his comrades did. It isn't pleasant to think about high government officials in one's own country as war criminals -- that's something that only bad, evil dictatorships have -- but, pleasant or not, it rather indisputably happens to be what we have.


Re: This just in -- Barry is a useless piece of shit

Posted: Mon Nov 23, 2009 1:56 pm
by JMak
I am wondering why LTS thinks a rant re: John Yoo and this legal opinions about coercivie interrogation techniques is any sort of response to my comments re: FISA.

One thing I'll address because it's low-hanging fruit:
It is not, of course, news that the Bush administration adopted (and still embraces) legal theories which vest the President with literally unlimited power, including the power to break our laws.
So, we're to believe that the Bush administration embraced such legal theories vesting the President with virtually unlimited power.

Ok, guys, how does that perspective square with the administration's effort to:

a) develop it's warrantless surveillance programs and the multiple times it presented it's programs to the FISA courts? If you didn't already know, the FISA Court of Review, the highest FISA court, was fully empanelled for the very first time at the behest of the administration. Now would a President who believed that his executive authority was virtually limitless subject his surveillance programs to the FISA courts including the highest FISA court?

b) after developing an executive branch military commissions program and having that program invalidated by the SCOTUS, the administration then worked directly with Congress, at the direction of the SCOTUS, to develop a new military commissions program based on statute? Again, why would an administration that believes it's authority is virtually limitless follow the direction of SCOTUS to end the executive branch commissions program and then work with Congress?

c) why would the administration seek congressional approval and the authority to conduct two wars?

Yeah, I see, the administration really did believe that it's power was limitless, except when it came to making war, conducting foreign intelligence surveillance, and military commissions...moron.