Showing posts with label Scalia (Antonin). Show all posts
Showing posts with label Scalia (Antonin). Show all posts

Thursday, June 12, 2008

Impeach Scalia, Now

For fear-mongering, I would submit to you that the time has come to impeach Justice Antonin Scalia:

In the wake of today's 5-4 decision to grant Habeas Corpus rights to prisoners at Guantanamo Bay, this is what Think Progress found:

Conservative Justice Antonin Scalia, however, is outraged. In his dissenting opinion, he devoted an entire section to “a description of the disastrous consequences of what the Court has done today,” a procedure “contrary to my usual practice,” he admitted. Scalia adopted extreme rhetoric about the impacts of the decision, calling it a “self-invited…incursion into military affairs” that would “almost certainly” kill Americans. Some lowlights:

– “America is at war with radical Islamists. … Our Armed Forces are now in the field against the enemy, in Afghanistan and Iraq.”

– “The game of bait-and-switch that today’s opinion plays upon the Nation’s Commander in Chief will make the war harder on us. It will almost certainly cause more Americans to be killed.”

– “Today the Court warps our Constitution.”

– “The Nation will live to regret what the Court has done today.”



The time has come to impeach Justice Scalia. Fear mongering is inexcuseable.

Even though he wasn't removed from the court, a Justice can be tried for his conduct. Samuel Chase is the only Supreme Court Justice to be impeached:

[Justice Samuel] Chase was served with six articles of impeachment by the House of Representatives in late 1804, one of which involved Chase's handling of the trial of John Fries. Two more focused on his conduct in the political libel trial of John Thompson Callender. Four articles focused on procedural errors made during Chase's adjudication of various matters, and an eighth was directed to his “intemperate and inflammatory … peculiarly indecent and unbecoming … highly unwarrantable … highly indecent” remarks while "charging" or authorizing a Baltimore grand jury. The Democratic-Republican-controlled United States Senate began the impeachment trial of Chase in early 1805, with Vice President Aaron Burr presiding.



Fear mongering is just another way of terrorizing the American people: It is as thought the "war on terror" needs surety bonds just to insure any sort of a victory!

Zbigniew Brzezinski:

To justify the "war on terror," the administration has lately crafted a false historical narrative that could even become a self-fulfilling prophecy. By claiming that its war is similar to earlier U.S. struggles against Nazism and then Stalinism (while ignoring the fact that both Nazi Germany and Soviet Russia were first-rate military powers, a status al-Qaeda neither has nor can achieve), the administration could be preparing the case for war with Iran. Such war would then plunge America into a protracted conflict spanning Iraq, Iran, Afghanistan and perhaps also Pakistan.

The culture of fear is like a genie that has been let out of its bottle. It acquires a life of its own -- and can become demoralizing. America today is not the self-confident and determined nation that responded to Pearl Harbor; nor is it the America that heard from its leader, at another moment of crisis, the powerful words "the only thing we have to fear is fear itself"; nor is it the calm America that waged the Cold War with quiet persistence despite the knowledge that a real war could be initiated abruptly within minutes and prompt the death of 100 million Americans within just a few hours. We are now divided, uncertain and potentially very susceptible to panic in the event of another terrorist act in the United States itself.

That is the result of five years of almost continuous national brainwashing on the subject of terror, quite unlike the more muted reactions of several other nations (Britain, Spain, Italy, Germany, Japan, to mention just a few) that also have suffered painful terrorist acts. In his latest justification for his war in Iraq, President Bush even claims absurdly that he has to continue waging it lest al-Qaeda cross the Atlantic to launch a war of terror here in the United States.

Such fear-mongering, reinforced by security entrepreneurs, the mass media and the entertainment industry, generates its own momentum. The terror entrepreneurs, usually described as experts on terrorism, are necessarily engaged in competition to justify their existence. Hence their task is to convince the public that it faces new threats. That puts a premium on the presentation of credible scenarios of ever-more-horrifying acts of violence, sometimes even with blueprints for their implementation.

That America has become insecure and more paranoid is hardly debatable. A recent study reported that in 2003, Congress identified 160 sites as potentially important national targets for would-be terrorists. With lobbyists weighing in, by the end of that year the list had grown to 1,849; by the end of 2004, to 28,360; by 2005, to 77,769. The national database of possible targets now has some 300,000 items in it, including the Sears Tower in Chicago and an Illinois Apple and Pork Festival.

Just last week, here in Washington, on my way to visit a journalistic office, I had to pass through one of the absurd "security checks" that have proliferated in almost all the privately owned office buildings in this capital -- and in New York City. A uniformed guard required me to fill out a form, show an I.D. and in this case explain in writing the purpose of my visit. Would a visiting terrorist indicate in writing that the purpose is "to blow up the building"? Would the guard be able to arrest such a self-confessing, would-be suicide bomber? To make matters more absurd, large department stores, with their crowds of shoppers, do not have any comparable procedures. Nor do concert halls or movie theaters. Yet such "security" procedures have become routine, wasting hundreds of millions of dollars and further contributing to a siege mentality.

Government at every level has stimulated the paranoia. Consider, for example, the electronic billboards over interstate highways urging motorists to "Report Suspicious Activity" (drivers in turbans?). Some mass media have made their own contribution. The cable channels and some print media have found that horror scenarios attract audiences, while terror "experts" as "consultants" provide authenticity for the apocalyptic visions fed to the American public. Hence the proliferation of programs with bearded "terrorists" as the central villains. Their general effect is to reinforce the sense of the unknown but lurking danger that is said to increasingly threaten the lives of all Americans.



Justice Scalia crossed a line with his dissent, and to say of the decision of the court in dissent that "It will almost certainly cause more Americans to be killed" is to betray his true allegiance, and that is, not to this country, not to the laws which govern us, not to the freedom we cherish or to the rule of law but to George Bush.

Wednesday, May 7, 2008

It's Called Disenfranchisement

This is an expansion of the last item from last night's newswrap--and it deserves a post. EVERYWHERE. Treating some nuns like convicted felons--that's no way to show the world what democracy is supposed to look like:

About 12 Indiana nuns were turned away Tuesday from a polling place by a fellow bride of Christ because they didn't have state or federal identification bearing a photograph.

Sister Julie McGuire said she was forced to turn away her fellow sisters at Saint Mary's Convent in South Bend, across the street from the University of Notre Dame, because they had been told earlier that they would need such an ID to vote.

The nuns, all in their 80s or 90s, didn't get one but came to the precinct anyway.

“One came down this morning, and she was 98, and she said, 'I don't want to go do that,”' Sister McGuire said. Some showed up with outdated passports. None of them drives.

Yes, they're getting away with it. Yes, it's what they have been planning since the first day Bradley Schlozman showed his putrid mug to the public after law school. All courtesy of your Bush Appointed Supreme Court.

Explain to me again how a country that turns away old women who want to vote can lecture the world on anything anymore? Do you remember those pictures of old women in Iraq, holding up their purple fingers?



We are a nation that sends an army halfway around the world to fight an endless war on behalf of those old women in Iraq--just so they can vote and not complain while we line up the means to take their oil. We are a nation that empties the National Guard units in Indiana to do all of this--just so those nuns can be turned away without voting. All of this is the conservative wet dream, writ large, and it is destroying our country.

Did you know both Obama and Clinton voted AGAINST John Roberts being confirmed as Chief Justice? And that they both voted AGAINST the confirmation of Justice Alito? Those are some votes to be proud of. And for an excellent, older article on the mental depradations of a certain Justice Scalia, here's a little light reading for you...

UPDATE I - PALE RIDER

As always, you gotta go to the Brad Blog for the real story--the new law in Indiana might have disenfranchised 43,000 people...


And don't forget skippy, too...

Saturday, February 16, 2008

There are some things I want to blog about before we all die at midnight

The National Lawyers Guild has rebuked Justice Antonin Scalia for remarks he made in an interview with the BBC in which he excused torture as acceptable and perhaps even Constitutional in some instances.

[Get this -the Constitutional prohibition against cruel and unusual punishment does not apply when torture is used as an interrogation technique, because that isn't technically punishment. Seriously. This is why people hate lawyers.]

They have called on him to recuse himself from any and all cases that might come before the court involving interrogation techniques and the application of torture to extract intelligence information. “The Guild is appalled that a sitting Justice of the United States Supreme Court has ventured in a public forum his belief that it is justifiable to attempt to extract information from persons in custody by the use of torture. A justice of the highest court in the land, sworn to uphold the Constitution, whose views so undermine the fundamental right of security of the person guaranteed by the Bill of Rights, is unfit to sit on that Court,” said Marjorie Cohn, President of the Guild.

[Way to go Marjorie, and the rest of the NLG! This is why most people are like me - I get really damned defensive and ready to come to blows when someone says anything negative about my lawyer, who happens to be a pillar of virtue and integrity and a veritable scion of Adams.]

Hows that Surge™ workin' out for ya? Coalition -allied civilian guards announced Saturday that they were abandoning their posts in a volatile area south of Baghdad to protest the killing of at least 12 civilians over the last month by American airstrikes. The proverbial straw that broke the camels back came Friday when three members of the Sons of Iraq were gunned down by American forces who appeared to target them. The Sons of Iraq are largely credited with the reduction in violence throughout the country, especially in area that lack adequate police forces. Members receive about ten dollars a day in compensation and are given vests to make them readily identifiable to coalition forces. A tribal leader who has worked with the American forces said that the helicopter landed, the soldiers debarked, and deliberately fired on the Iraqi guards. "When we signed the contract with the U.S. forces, it was dependent on working jointly with them," the tribal leader said. "If they want us to come back, we will, but we need to make another contract that will guarantee our rights and prevent a repeat of such mistakes." By Saturday night 2000 had stood down and abandoned their checkpoints in the area where the shootings took place.

Oopsie! The FBI is blaming an "apparent miscommunication" with an as-yet-unnamed internet service provider that, instead of delivering the emails of a single individual named in a FISA warrant; delivered all of the emails that were sent to or from a small domain name. This is akin to a resident of your apartment complex being named in a warrant and the rental office turning over the keys to all 100 units. Marcia Hofmann, an attorney for the Electronic Freedom Foundation said it raised troubling questions about what happens when technology collides with civil liberties. “How do we know what the F.B.I. does with all these documents when a problem like this comes up?” Ms. Hofmann asked.

Tonight I nod respectfully to all those who served in the Balkans, especially Kosovo. The declaration of independence and the resulting celebrations are providing a few people around me with a feeling of quiet gratification tonight. Well done, Soldiers. Well done, Airmen. You saw your mission through, you halted a genocide, and you brought your men and women home alive, each and every one. Enjoy watching the payoff on cable over the next couple of days as the Kosovar Albanians you saved from genocide revel in the independence you made possible.

Well, that's a wrap - it's midnight-thirty in DC, and I'm still alive in KC. No one in my house has spontaneously succumbed to terrorism, at least not at this point.

If my luck holds out, I'll see you in the morning. If I wander into something interesting in the meantime, I'll update. Now, consider this an open thread and a communications hub. We're all in peril, you know, so let us know you're okay in comments, lest we fear the worst...