Our justice system is broken. Lawyers must fix it.
on Sunday, July 8, 2007 at 8:48:13 PM
Lawyers seem to think the justice system is alive and well. It isn't. It's broken. It's time to wake up and do something before its too late.
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I am a physicist, not a lawyer, but my grandfather was a judge, my great uncle and second cousin were lawyers, and my cousin is professor of law at the. U. of Arizona. So I have the genes, I suppose. However, because I did not become a lawyer myself, I do not have the same reverence for the law that lawyers always seem to possess. Or perhaps it is simply that I cannot accept logical inconsistencies the way that lawyers appear to do so easily when logic conflicts with the legal system.
We're taught as children that we have a nation of laws, that crime does not pay, that no one is above the law, and that when you do a crime, you can expect to do the time. We may be a nation of laws, but they are broken with impunity by those in power. For Libby, Cheney, and Bush, crime does pay, for they are above the law. When they do a crime, it is not a crime (Nixon's rule). So how can our legal system be held in high esteem?
Another problem I have with the state of our justice system is that while lawyers are all OK with stare decisis, none of them seem to worry about it when it comes to abuse of power by presidents. When Ford pardoned Nixon for Watergate crimes, that was a precedent. When presidents began to abuse the power to grant executive pardons that was a precedent. Clinton undoubtedly got rich from his pardon of Marc Rich, and that should have been a crime. Now Bush has interfered with justice by applying both Nixon's rule and criminal abuse of the power to grant executive pardons.
There are so many instances of criminal actions by this administration that cannot be prosecuted that our entire system of checks and balances has been dealt a death blow. Just one example: Take the 9/11 events at the World Trade Center complex. Clearly, what happened was a crime. Yet there was no criminal investigation. Why not? Probably because Bush declared it an act of war before any evidence was gathered. A crime scene was never established there. The administration's story about what caused the collapse of WTC1, 2, and 7 was proclaimed and accepted without question or normal investigation. Bush did his best to eliminate any investigation whatever, and the crime scene was destroyed immediately, and evidence was removed and sold as scrap. When families of 9/11 victims made an investigation a necessity, Bush interfered with the process by demanding and receiving control of the charter of the 9/11 Commission, appointment of its chairman, and appointment of four of its commissioners. Then he refused to testify under oath and would not even consent to be interviewed except in the presence of Dick Cheney.
All of this control has been an obstruction of justice. The NIST and FEMA reports on the cause of the collapse of WTC1 and 2 reach phony conclusions that the 10,000 pages of the detailed analyses do not support. The only theory they were permitted to consider was the theory of collapse due to fire and collision damage, and they did not consider any facts beyond those accruing from the time of collision to the time each building began to collapse. The manner of the collapses, the incendiary events, the molten iron flowing from the 82nd floor of WTC2, the squibs issuing from all sides of each tower leading the fall of the tower debris, the collapse into each building's footprint at free-fall speed, the molten and red hot metal that persisted for months in the rubble, the explosions heard prior to and during the collapses--none of these facts were considered by NIST and FEMA because of their instructions. And let us not forget that the WTC 7 building was not hit by a plane, and the fires present before its collapse were puny and did not even blow out any of the glass in the windows of that building. Yet it is claimed to have collapsed into its footprint due to damage and fire.
And now...though abundant evidence still exists that the towers were brought down by controlled demolition, and the official story has been proven false, a grand jury investigation will probably never happen because of the inadmissibility of any theory of the crime but that which the administration has ordered. Gerry Spence, himself, has told me it will never happen. The reason is that Bush owns the Justice department, and no federal prosecutor is going to ask a federal judge for a grand jury in this case. Professor Flom, in his article, Justice and 9/11 at http://www.onlinejournal.org/Special_Reports/012805Floum/012805floum.html has said:
"...public prosecutors have wide discretion concerning which cases they choose to pursue. Unlike a civil lawsuit, which is initiated at the discretion of a citizen, criminal complaints are prosecuted by a governmental agency at its discretion."
Hello? Only crimes that prosecutors choose to pursue at their discretion are prosecuted. The rest are effectively not crimes.
How can lawyers believe that the judicial system is working the way the Founders intended? Only lawyers can straighten this mess out. We've got to get their attention somehow.