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October 18, 2006 at 07:22:05

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America is No Longer Free

by Paul Lehto     Page 1 of 2 page(s)

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Habeas corpus -- it's your most fundamental legal right, your right to go to a court and get an order requiring the government to prove that it is holding you in prison with proper legal authority to do so. Without that right, one necessarily lives in a dictatorship. The Constitution says it may never be suspended except in cases of rebellion or invasion. President Bush today on October 17, 2006 signed a bill repealing that law, meaning that the administration need not comply or show compliance with law any more with regard to who goes to prison or Gitmo.

While it supposedly applies just to terrorism cases, that doesn't prevent it from ending the rule of law in the United States for our newly all-powerful Executive. This is true not just because terrorism is construed so broadly in the prohibition of "material support" for terrorism (which by the way has already been held to include a lawyer's press release on behalf of a terrorist client) but because the administration NEED NOT PROVE IT'S REALLY TERRORISM because they don't need to answer to any court in the land at any time.

Even "Justice" Scalia wrote in the Hamdan case that "the very core of liberty secured by our Anglo-Saxon system of separated powers has been freedom from indefinite imprisonment at the will of the Executive. " That very core of liberty died on October 17, 2006 with the signing of the Military Commissions Act of 2006 and its elimination of habeas corpus.

Oh yeah, it also legalized torture wholesale. While misleadingly purporting to prohibit a few forms, upon full analysis it prohibits none. But who's going to know since your relatives won't be able to find out where you are anyway, right?


And today also a lawyer was sentenced to 2 and a half years in prison for the simple act of issuing a press release on behalf of a terrorist client in prison. While this terrorist is a genuine terrorist, there's nothing in the law that distinguishes between serious terrorists and innocent terrorists (if there is such a thing) but in any case, remember, they don't need to comply with habeas and show that you are guilty anyway! At most, they just think to themselves "this guy's a terrorist" and you disappear into the torture chamber with no right to be heard from, even indirectly through your lawyer, which you have no enforceable right to anyway.

Even public opinion will likely not catch up with this because people will just disappear and who knows, maybe the missing person just went off on a lark or a fugue to start a new life, right?

Consequently, on October 17, 2006 freedom died in the United States of America. We now live in a dictatorship. We live in a dictatorship even if you think George W. Bush will be a wise and beneficient king or dictator. It is defined as the possession of absolute power as opposed to checks and balances.

In the Keith Olbermann commentary at the first youtube link below; I agree with Professor Turley (Constitutional Law) that people "really have no idea how significant this is." Turley says we now have an "absolute ruler" which is really just another way of saying dictatorship. He's not kidding. I'm not kidding.

I'll be releasing an extended (and devastating, early readers say) critical piece on this within 48 hours, but in the meantime and after that please consider the importance of this issue is at a WHOLE OTHER LEVEL. It's not an "issue" that we form polite activist groups to respond to.

The Executive Branch now has full discretion to imprison anybody they want to without charge or trial or bail and there will be nothing anybody can do except beg the King. I.e. there's no rule of law applicable to the administration. EVERY SINGLE AMERICAN LAW was essentially repealed, because the administration need not prove to anybody that it has complied with the law by indefinitely detaining you, your relative or anyone else.

Keith Olbermann's commentary, with Professor Jonathan Turley
http://www.youtube.com/watch?v=igycXBseoAg

The only thing I don't agree with Turly on is this: There is not a giant Yawn, there are a lot of people shocked, many crying, millions disturbed, millions more waking up. It's always hard to be among the first to know and to wait for the rest of the country to catch up, but somebody has to be in that position. Let's not, because we are among the first millions to wake up, send out the message that getting the American dream back is relatively hopeless based on the Yawn seemingly heard today. After all, there is no media echo besides Olbermann to get the word out and reinforce it. But there will be. I also disagree with Turley's approach, even as he makes strongly worded comments that are nevertheless scholarly and restrained in tone and volume, because it's inappropriate and (if you believe in Constitutional rights) not unlike talking in a similar dispassionate tone when a masked man walks into your local elementary school with automatic weapons drawn.

For a more appropriate tone, here's another two minute video below that was filmed right before this bill was signed but it nevetheless applies to this situation, and gives advice on what to do when "they come for your freedom." Paul Revere said "the Redcoats are coming". Today, "the Redcoats already came."

These situation of legalizing torture and eliminating habeas corpus is WAY WAY WAY "out there" in terms of extreme. Bush and his administration are incredibly isolated now, seeking to legalize the very things we prosecuted ourselves in WWII like waterboarding. If I hear anyone even IMPLY that we live in a free country, the correction will be swift. WE DO NOT LIVE IN A FREE COUNTRY ANY MORE. PERIOD.

The hopeful note is this: We can recognize how incredibly isolated both in the world and in our own country this Administration is, and we can turn away, and withdraw any remaining support and respect. But, if we react just in fear, whether fear of Gitmo or fear of torture or fear of terrorists, the dark curtain of dictatorship will descend further and their power will consolidate. In the end, Americans will not be denied freedom in a struggle for freedom on their own soil.

Freedom is Under Attack
http://www.youtube.com/watch?v=6waWS0Y3Ubc (f-bomb warning, but appropriate IMHO in this context)

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Paul Lehto practiced law in Washington State for 12 years in business law and consumer fraud, including most recently several years in election law, and is now a clean elections advocate. His forthcoming book is tentatively titled DEFENDING (more...)
 

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3 comments


If anyone else....

had said that, one could chalk it up as leftist rhetoric. But Paul Lehto ! Thanks for mentioning the video, Paul. Scooped it AND your article right up and pasted it on my blog, as the above cuts right to the bone, says it like it is. And it hurts. Now if someone could give me a tip on how to break the bad news to the good people of Europe, it would be much appreciated. I mean, for the USA, it's basically game over. The only sensible thing to do now is to inform people in countries that are still free. But which ones could that be ? http://rossini.ro.funpic.de/OOS.html

by Tony Forest (7 articles, 18 quicklinks, 166 diaries, 1429 comments [5 recommended, 0 rejected]) on Wednesday, Oct 18, 2006 at 11:21:41 AM

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Opposition Finally Grows

This act is an outrage! It's time the citizens of America made their voice heard. Between Diebold vote-rigging and a de facto two-party duopoly, it's hard to hear a voice moderating the demagogues of the Terror War. What poses as the opposition, the Democratic Party, is doing nothing to confront the most egregious violations to our Constitution. The stream of bloated spending and systemic rights disenfranchisement bubbling out of Washington has damaged our country. A new election should bring a change of seasons but little more if the Democratic suits take money like the Republican suits have. Both parties are the automatons of the Corporate world, implementing predatory and crony capitalism that masquerades as free market principles. The bloated military budget is now up to $530 billion, to the glee of war profiteers whose cups runneth over. The co-opting of our nation's laws is just one step in the South Americanization of the US under the unelected Bush Junta. Many of us have been fighting what we perceive as the budding fascism of this government long before the general public saw the threat. It's unfortunate that the American Bar Association and other lawyers groups have been so slow in reacting to this threat. The use of signing statements by Bush has undermined the validity of 750 laws. For far too long, opposition to the Bush Agenda of corporate giveaways and legal usurpation of our rights was ignored and treated as if a fringe movement, in no small part due to the domination of the Media by fewer and fewer conglomerates sympathetic to Bush and his Terror War. Those that weren't lulled to sleep by the endless celebrity worship were denied the truths about Iraq, Afghanistan, rendition, torture, Plame's outting and all matters of unrighteous conduct. Whereas dissent and resistance were once the exclusive domain of the outcast, it is now encumbent upon Americans to stand up for their rights. Voting is really only a small part of the commitment citizens must make to their democracy; also, our voting system has also been compromised electronically. It's vital people know their rights, demand them, and hold the powerful to account. Unfortunately, the means by which people can learn have been limited by the Media, so wholesale changes enacted long ago are only now becoming clear. Bush and his cabal are now acting with impunity, even as the blunders and incompetence of our government prove that the current Republican leadership is unsustainable. It's no surprise there's a rash of inappropriate legislation so close to the election, as scandals held back for years finally break, snapping the puppet-strings and patience of the Republicans' corporate sponsors. It's not too late to turn back on the road that has been paved for us by our unelected Great Decider, who acts on a self-righteous mandate on behalf of our security. All lawyers should now see the Bush Administration as a direct threat to the rule of law in this nation, and thereby the moral viability of their profession. They should take the most rigorous stand they can against electoral provocations and signing statements, and our abandonment of international law, if not the the benefit of society, for the sake of their profession.

by JohnPeebles (9 articles, 10 quicklinks, 5 diaries, 59 comments [7 recommended, 0 rejected]) on Wednesday, Oct 18, 2006 at 2:56:09 PM

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Chapter 41. Police State Amerika

== Chapter 41. Police State Amerika == By Larry W. Bryant [Author's Note: Some prospective signers of my online petition supporting my proposed citizen's arrest of Herr Bu$ch ( http://www.PetitionOnline.com/arrest/petition.html ) may consider this statement-of-intent too visionary for their taste. But, when it comes to long-overdue political accountability, no proposal should be left off the table. For comparison, I offer you the bold, imaginative, and utterly gutsy project referred to in my freedom-of-information request of Oct. 17, 2006, addressed to U. S. Special Counsel Patrick J. Fitzgerald and Secretary of Defense Donald H. Rumsfeld, quoted as follows: "On April 3, 2006, San Diego, Calif., resident Paul Andrew Mitchell, a 'private attorney general, criminal investigator, and federal witness,' filed a document titled 'Verified Criminal Complaint, on information presently lodged in USA v. Libby (Case No. 05-394 (RBW)).' Both your offices were served with a printout copy of the complaint, which is posted upon Mr. Mitchell's web site ( http://www.supremelaw.org/cc/gwbush/vcc.htm ). As a 'person acting for the interests of the general public' (in the language of a current California statute), Mitchell uses his complaint to itemize various violations of federal/state law allegedly committed by Pres. George W. Bush, Vice Pres. Richard B. Cheney, and Secretary of Defense Donald H. Rumsfeld. In his capacity as an 'intervenor ex relatione' in the above-cited U. S. government criminal case against Mr. Cheney's former chief of staff (I. Lewis Libby), Mr. Mitchell proceeds to charge Bush/Cheney/Rumsfeld with such multiple counts as (1) use of interstate commerce facilities in the commission of murder-for-hire (re the events and casualties of 9/11/2001); (2) racketeering and conspiracy to engage in a pattern of racketeering activities (re the 9/11/2001 disaster); (3) treason (re the 9/11/2001 disaster and its aftermath); and (4) genocide against the peoples of Afghanistan and Iraq (re the U. S.-led wars of aggression currently proceeding there). Accordingly, I hereby request, under terms of the U. S. Freedom of Information Act, that each of your respective offices send me a copy of all OSC- and OSD-housed records generated, to date, in response to the filing of Mr. Mitchell's above-cited complaint. Since I submit this request as an independent writer focusing on national-security affairs (and, in that capacity, currently serving as a 'representative of the news media' for the purpose of providing content to the web site of http://www.bushbusiness.com/impeachment%20news.htm ), I ask that you waive all records-search fees incident to your fulfilling this request. By snail-mail, I'm sending to you a signed printout of this e-formatted letter. In the interest of helping prevent further wrongdoing on the part of Bush/Cheney/Rumsfeld, I ask that you assign the highest FOIA priority to your processing of this request. -- LARRY W. BRYANT. Copies furnished to: Jerry Pippin, Radio Talk-Show Host (Web-cast via http://www.jerrypippin.com ) and proprietor of http://www.bushbusiness.com ; Hon. John Conyers, Jr., U. S. House of Representatives." On the morning of Oct. 17th, I attended a "People's Signing Ceremony" conducted by a coalition of religious groups to protest the 'resident's signing of the (Draconian) Military Crimes (er, Commissions) Act of 2006 recently passed by Kongress. About 125 protesters -- some dressed in orange garments/arm-bands to signify vicarious identification with abused detainees -- braved rainy skies in LaFayette Park to voice their condemnation of the Act's provisions denying habeas-corpus access for alien detainees and giving carte blanche to Herr Bu$ch to define torture any way he pleases. How do our five intrepid power/control mongers view the conduct and judgment of these committed religious critics? Read on.] SCHMOE [leaning against a third-floor window of the White(wash) House, and motioning Karl Trove to join him as he trains his high-powered, German-made binoculars upon the small, but vocal, crowd gathered across the street in LaFayette Park]: Looky there, Karl. See that guy carrying the IMPEACH HIM sign offering those lapel buttons for a dollar apiece? That's ol' Larry Dubya . . . and there he goes over to that Satan-suited, GWB look-alike man near the W-H fence. Wonder what they're discussing. TROVE: Uh-huh. I've already spotted that other button hustler, Alan McConnell. That team of losers makes me gag. Heh-heh . . . check out that Asian-American's fancy sign down there near the unmarked police car. Can't quite make out all the sign's words from here -- but it says something about helping "Stop Truth Decay!" Thankfully, we've got the weather on our side, for a change. With this steady rain, I expect they'll all be headed home in short order. Who's the little guy in the motorized wheelchair? SCHMOE: Don't know, but he seems quite happy to be here. DUMSFELD: Hurry up, guys! We gotta get back down stairs in the next five minutes. Dubya's got all his give-away signature pens poised for action, and I wanna get one for my grandson. [As they proceed down to the Oral Orifice to take their stations at the 'resident's signing ceremony, Schmoe glances out another window, exclaiming: "Boy, look at that -- ol' Bryant almost turned into the path of our motorized street-sweeper. If that lady to whom he'd just sold a button hadn't alerted him, he'd be squashed geriatric sauce right now. Maybe next time."] TROVE [whispering to Cheezey upon entering the now-crowded office]: You know, Dick, once we get this thing all signed and sealed, I think we won't have to worry about facing any "war crimes" trials. CHEEZEY: Sheesh. Make sure there's no open microphone close to us. I notice they've got Dubya's suit-coat prompter device so miniaturized that he could wear it as a cufflink with no detection. TROVE: Right. He needs the device to help him stay on topic during his extemporaneous remarks. Quiet . . . let's listen. BU$CH: Now, folks, just off the record here, as I -- uh -- get ready to exercise all these pens. I, uh -- what's that? . . . oh, my necktie keeps flopping around and distracting the Faux TV cameraman -- well, all right, let's, uh, start over . . .. DUMSFELD [showing his characteristic impatience]: Here, Dubya: sit down, and I'll hand ya the pens in succession while you grab the copies of the bill and sign 'em. [In less than three minutes, all the copies get signed, the room echoes the obligatory applause from the assembled dignitaries, and the audience proceeds to the refreshments area. Schmoe's cell phone begins to vibrate in his pocket, so he steps into the hallway to attend to it. The caller identifies himself as Capt. Russelup of the National Park Police, reporting: "Mr. Schmoe, there's a group of hard-liners -- including one dressed as a hooded detainee crawling on all fours and being led around on a leash -- that seems to want to be obstructionist." Replies Schmoe: "Well, Cap'n, you know what to do. Show 'em how to put those orange jump suits to good use." Schmoe then hears Russelup barking orders to his response team. Click.] SCHMOE [approaching Cheezey at the beverage table]: Just heard from the Park Police. They're getting ready to evict that small crowd in front of the guard station. Capt. Russelup said they've already installed their yellow "POLICE LINE - DO NOT CROSS" tape around a 100-foot-square area along Penn. Avenue -- the outside of which the protesters have been directed to use as their free-speech zone. The hard-liners aren't budging. The paddy wagon has been backed into position. And . . .. [Schmoe's cell phone vibrates again. He opens it, listens for several seconds and concludes: "Okay, Cap'n; good work. When y'all finish, come on inside and help us finish these doughnuts."] SCHMOE: Looks as though it's all over but the booking, Dick. Russelup said he expects to arrest as many as 16 of those suckers. CHEEZEY: What will the charge be? SCHMOE: His team really has the goods on those fools -- including video film of 'em "impeding access to a White(wash) House entrance." Come on -- let's have some of that French champaign. http://www.PetitionOnline.com/gjprobe/petition.html larryB@jerrypippin.com

by LarryWBryant (0 articles, 0 quicklinks, 0 diaries, 58 comments) on Wednesday, Oct 18, 2006 at 7:52:43 PM

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