Showing posts with label US Supreme Court. Show all posts
Showing posts with label US Supreme Court. Show all posts

August 10, 2008

America's deplorable behavior has raised the dead

Thomas PaineCommon Sense II: A Patriot's Case for a Second Revolution


by Thomas Paine
Edited by Craig J. Cantoni


August 6, 2008

Editor's Note: As every high school student should know, Thomas Paine established the moral and political case for the American Revolution in his pamphlet, Common Sense, which was written in the vernacular of the common man of his time. It sold 500,000 copies the first year. Adjusted for population, that would be equivalent to 60 million copies today. Now, by speaking to this editor through a medium from the great beyond, Paine has made the case for a second revolution in a new pamphlet, which is printed below. His words are written just as he dictated them through the medium -- in the common vernacular of contemporary America, not in the vernacular of colonial America.


Common Sense II

In 1776 I wrote the following about the difference between society and government:
Society is produced by our wants, and government by wickedness; the former promotes our happiness positively by uniting our affections, the latter negatively by restraining our vices. The one encourages intercourse, the other creates distinctions. The first is a patron, the last a punisher. Society in every state is a blessing, but government even in its best state is but a necessary evil.
Since I wrote those words, the government that I and my fellow Patriots founded has done much to address wickedness, most notably by ending the wickedness of slavery, albeit with too much bloodshed and the passage of too much time. By the twentieth century, the Republic had achieved the greatest advancement in standard of living in the history of the world. It did this by protecting natural rights and property rights, by allowing commerce and foreign trade to flourish, and by letting people keep the fruits of their labor. As a result, the so-called "poor" in America have a better quality of life and a longer life expectancy than the royalty of England had in the eighteenth century, including King George.

Now, sadly, the government has become more contemptuous of the individual and more confiscatory of the fruits of the individual's labor than King George's government ever was. Although the nation has become rich in material goods, it has become impoverished in individualism and morality, with the individual being pushed aside by ever-increasing statism and collectivism. Over the last century, the nation has been transformed from a constitutional republic to a majority-rule democracy, meaning that it is now ruled by the passions of the mob, which like the passions of a king, can be either benevolent or malevolent, but much more likely to be the latter. In recent history, the passions have been largely malevolent, especially in the mob's taking of the fruits of other people's labors. Not to excuse their actions, but Americans have been encouraged to beggar their neighbors by the press and by the three branches of government, including the Supreme Court, which was supposed to be the last refuge of liberty and property rights.

It is bad enough that all levels of government now consume nearly 44 percent of national income, a four-fold increase from just a century ago. Even worse is the fact that well over half of citizens get more back in services, entitlements, subsidies, and handouts from the national government than they pay in taxes. Allowing people to vote to get free stuff at other people's expense is a formula for both moral and fiscal bankruptcy.

Fiscal bankruptcy has already happened. Outlays, including unfunded liabilities, have exceeded revenues for decades, even in the face of confiscatory levels of taxation. The unfunded liabilities for entitlements and public-sector pensions alone total more than $60 trillion, or about $700,000 for each American under the age of 18.

Moral bankruptcy has happened, too. Obviously, it is not moral to bequeath trillions of dollars of debt to children who can't vote and defend their rights. Equally obvious, it is not moral for some citizens to vote to take the money of other citizens for their own narrow benefit. An act that is immoral if done by an individual does not magically become moral if it is done by a group, whether the group is a mob, a special interest, or a plurality of voters.

Not so obvious is the fact that virtually all of Congress and the White House have engaged in fraud to cover up their stealing and fiscal bankruptcy. They have resorted to keeping crooked books, they have perpetuated pyramid schemes, they have expropriated money from citizens' trust funds, and they have encouraged the Federal Reserve to print money and debase the dollar, thus punishing citizens who save money and create the capital necessary for investments in industry, education, and infrastructure. With few exceptions, all of the nation's leaders are guilty of fraud, including the two presidential candidates, Barack Obama and John McCain, neither of whom has leveled with the American people about the dire fiscal straits of the country. Instead of being put in the White House, they should be put behind bars in the Big House.

Don't interpret what is written here as idealist or utopian. It is understood that politicians will always lie, pander, and speak in populist platitudes. That's not what the nation's overlords are being accused of here. They are being accused of massive fraud and theft in the trillions of dollars, seriously harming the financial well-being of hundreds of millions of people.

As history proves, most nations die not from invasion but from unrestrained spending and the debasement of the currency. This is true whether the form of government is communist, fascist, socialist, or democratic. It just takes longer for democracies to commit fiscal suicide. A politician who wears a flag pin on his lapel and then aids and abets the suicide is not a patriot.

The primary cause of America's fiscal and moral bankruptcy is the conflation of government and society, both of which are now treated as one sphere instead of separate spheres. Since government and society are now considered one and the same, government is seen as inherently good and not, as I saw in 1776, as a necessary evil. Consequently, according to conventional thinking, what is good for government is good for society, including the basic building block of society, the family.

The thinking is clearly wrong, as evidenced by the social pathologies that the thinking has wrought. When a woman is encouraged by the government to "marry" the government instead of the father of her child, it is good for government, in that government bureaucrats get more power, and politicians get a new constituency that is dependent on politicians. It is not good for society, however. When a man sires children by multiple women and is encouraged by the government to walk away from his parental responsibilities, it is good for government and bad for society, especially for children. When children are taught values by government agents instead of by parents and the local community, it is good for government and bad for society. When the poor and the sick are shunted off to government apparatchiks instead of being cared for by churches, families, and voluntary charities, it is good for government and bad for society. When common sense, self-reliance, industriousness, frugality, and personal responsibility are driven from society by government, it is bad for society, which ends up with less common sense, self-reliance, industriousness, frugality, and personal responsibility.

The nation still has a First Amendment, despite the attacks on it by McCain, other politicians, and academia. But the press is largely silent about the problems caused by the conflation of society and government. Worse, nary a peep is heard from the press about first principles. Freedom of speech does little good if the press covers politics like a sporting event, giving the play-by-play but ignoring the fact that the two political parties have conspired to play by their own rules instead of the rules of the Constitution.

Take the former television journalist of national renown, Tim Russert, who has joined me up here. He's a nice soul and wears his angel wings well, but his reputation on earth as a hard-hitting journalist was undeserved. Like so many others in the media, he was an establishment celebrity who went along to get along and to get ahead. Instead of relentlessly questioning politicians about their fraud and thievery, he stricted his questions to how they played the game, although he knew that the game was rigged. For instance, he never asked,
"By what constitutional authority, political philosophy, and moral code do you justify increasing the cost of groceries for working stiffs by giving crop subsidies to well-off farmers?"
By not asking such questions, he became a partner in crime. Perhaps that's why he had to do a stint in purgatory. (Because of my deistic views, I had to do a stint there, also.)

The worst abuse of the First Amendment takes place in government K-12 schools, because that is where the government and its agents have a monopoly on what is put in the heads of impressionable children for six or more hours a day. This was not a problem before the advent of compulsory government education, when students were taught at home or in private or community schools. Nor was it much of a problem for the first 100 years after the advent of compulsory education, because schools were still under the control of the local community and thus reflected local values and mores. However, this diversity of thought has been slowly extinguished over the last 50 years as control over curricula and textbooks has been usurped and centralized by state and federal governments.

The result has been the manufacturing of clones who think alike about government. Polls show that the majority of Americans don't believe that government is a necessary evil. To the contrary, they believe that government should have even more resources and power to fix the problems facing the nation, not realizing that most of the problems facing the nation were caused by government in the first place. Health care is a good example. Because government destroyed a consumer-is-king market in health care, costs are higher than they would otherwise be. Yet Americans have been taught to believe that free markets and free choice don't work in health care. Astonishingly, most are now willing to let the government treat physicians like serfs by dictating their pay, and they are okay with government bureaucrats peeking under their hospital gowns to see if they deserve medical care.

None of this should be a surprise. What other outcome would be expected when 90 percent of Americans are taught from the age of six to the age of 18 about government by the government?

Where does this leave us? Before answering, let me touch on national defense and foreign affairs. Although history correctly characterizes me as advocating a foreign policy based on trade and not aggression, coupled with a strong national defense, I don't believe that the nation's departure from that philosophy is a problem that cannot be fixed by the current political system. Yes, it is unsustainable economically for the nation to maintain over 700 military bases around the world and to attempt to turn every despotic nation into a democracy. Yes, as President Dwight Eisenhower warned, the military-industrial complex has too much political power. However, there is enough difference of opinion on these issues for citizens to elect representatives who will change foreign policy and national defense to what their constituencies believe is in the national interest. That's a different kind of problem than the problem of voters bankrupting the nation by voting for free stuff out of their own self-interest instead of the national interest. It's also different from the problem of politicians engaging in fraud to cover up their stealing and get re-elected.

The problems of theft and fraud cannot be corrected within the existing political system, for the simple reason that a majority of voters are on the take and in cahoots with their elected representatives and the press. Like the colonists, those who are being fleeced don't have the political power to protect themselves. They do have other kinds of power, however. Generally, they are smarter, harder working, more productive, and more determined than the takers. They also have the police and military on their side, for the police and military have to deal with the social pathologies of the conflation of government and society.

Unlike the first revolution, bloodshed is probably not necessary. But the enforcement of the law through armed force is absolutely necessary. To reinstate a constitutional republic, it is necessary to bring politicians to justice if they have broken the law by stealing and committing fraud. It saddens me to say that 90 percent of Congress has broken the law.

Extra-legal actions are not necessary, for the necessary laws are on the books and the judicial system is in place. The only stumbling block is that government prosecutors are unwilling to prosecute their brethren. As such, they have to be forced to do their jobs. This is what is meant by a second revolution.

Is this risky? Yes, but not as risky as the actions taken by the Patriots of my generation. Is it possible for Patriots to lose everything they have? Yes, but the probability is much smaller than what it was for the original Patriots. Will many Americans choose to be Loyalists instead of Patriots and not join in the fight to restore a constitutional republic? Yes, but that was also true during the first revolution.

Craig J. CantoniThere will be those who, upon reading this, will want to dismiss the seriousness of the problems and retreat to the comfort of the status quo. There will be others who will agree to the seriousness but mistakenly think that the problems can be fixed by winning the war of ideas, by tinkering with the tax code, by electing likeminded people to office, or by going to Starbucks and intellectualizing about the problems. To these people, I close with a quote from my good friend Edmund Burke and then with a quote from my original Common Sense:
All that is necessary for the triumph of evil is for good men to do nothing.

-- Edmund Burke

A long habit of not thinking a thing wrong, gives it a superficial appearance of being right, and raises at first a formidable outcry in defense of custom.

-- Thomas Paine
______________

Readers should contact the editor at ccan2@aol.com if they want to send a message to Mr. Paine or if they are Patriots who want to help plan and organize the resurrection of the Republic.

August 06, 2008

Panel Convicts Bin Laden Driver in Split Verdict (!!!!!)

And you thought you'd already heard EVERYTHING ?????

Guess not.

Ain't THIS this pitz ?

Think about it .. this man was tortured, held in solitary, the MCA is illegal and STILL the BuZhistas must go and "get their man" regardless of its effects on international relations.

Published: August 6, 2008

GUANTÁNAMO BAY, Cuba — A panel of six military officers convicted a former driver for Osama bin Laden of one of two war crimes charges on Wednesday but acquitted him of the other, completing the first military commission trial here and the first conducted by the United States since the aftermath of World War II.


Associated Press

Salim Ahmed Hamdan in an undated photograph.

Back Story With The Times’s Jonathan Mahler (mp3)

Salim Ahmed Hamdan, in 1999.

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In a setback for the military prosecutors, the commission acquitted the former driver, Salim Ahmed Hamdan, of a conspiracy charge, arguably the more serious of the two charges he faced. At a trial that included references to the landmark Nuremberg war-crimes trials of Nazi leaders in the 1940s, Mr. Hamdan was convicted on a separate charge of providing material support for terrorism.

The split verdict gave both sides in the long debate over the procedures here grounds for their competing claims. Supporters said the system’s fairness was illustrated by the careful verdict, while critics said the trial, which featured secret evidence and closed proceedings, demonstrated the injustice of the Bush administration’s military commission system.

Mr. Hamdan, who has said he is about 40, could be sentenced by the panel to anything from no imprisonment to a life term. The sentence is to be determined after a separate proceeding before the same panel, which began Wednesday afternoon, after the announcement of the verdict. At that hearing, the defense worked to portray Mr. Hamdan sympathetically as a man with few choices who felt “betrayed by bin Laden” when he learned about terrorist attacks.

The sentence is expected to be announced as soon as Thursday. Its severity could provide an insight into the military panel’s view of the case, which has been criticized because Mr. Hamdan was a minor figure in Al Qaeda.

On Wednesday, the judge granted a defense request that Mr. Hamdan be credited for more than five years of pretrial confinement since he was first charged in 2003. If the panel imposes a short sentence, lawyers said, the administration would be under increased pressure to justify continuing to hold a detainee who might already have completed his term after a conviction.

The Bush administration has long asserted that it could continue to hold detainees even if they were acquitted or given short sentences because they are designated enemy combatants who, according to the administration, can be held until the end of the war on terror.

As the verdict was read just after 10 a.m. on Wednesday in an old airport building at the isolated naval station here, Mr. Hamdan, a Yemeni who has been in custody since he was detained in Afghanistan in November 2001, stood passively at the defense table. He wore a traditional white headscarf. His head was bent slightly to one side.

The conviction of Mr. Hamdan, who was part of a select group of drivers and bodyguards for Mr. bin Laden until 2001, was a long-sought, if qualified, victory for the Bush administration, which has been working to begin military commission trials here for nearly seven years.

The six senior military officers on the panel deliberated for eight hours over three days. Four votes in a secret ballot were required for conviction.

Critics have long contended that the military commission system does not meet American standards, partly because it allows hearsay evidence and evidence derived through coercive interrogation methods.

The verdict did not mute the critics. Larry Cox, executive director of Amnesty International USA, said the trial “revealed what is common knowledge — the military commissions are fatally flawed and do not adhere to major aspects of the rule of law.”

But the military prosecutors said the verdict supported their contentions that Mr. Hamdan was a “career Al Qaeda warrior” who was pledged to protect Mr. bin Laden from the mid-1990s until after the Sept. 11 attacks. The chief military prosecutor, Col. Lawrence J. Morris of the Army, added that the verdict validated the system “as an extraordinarily fair, open and just process that produces a reliable result.”

Michael J. Berrigan, the deputy chief defense counsel for Guantánamo, said the defense was encouraged by the verdict.

“For a team that was expected to strike out at every pitch,”
Mr. Berrigan said,
“we at least hit a triple.”

He described the conspiracy charge that was rejected by the panel as the government’s main charge, and noted that when Mr. Hamdan was originally charged in 2003 the only charge he faced was conspiracy.

Charles D. Swift, a former Navy lawyer who has represented Mr. Hamdan for years, said the case would eventually reach the American court system, which he predicted would correct legal errors here. Mr. Swift called the military commission “a made-up tribunal to try anybody we don’t like.”

Defense lawyers have long argued that the charge on which Mr. Hamdan was convicted, material support for terrorism, has not historically been part of the international law of war, which is the law applied by the military commissions. Prosecutors say that, although the term “material support” may not have existed historically, the laws of war have long prohibited stealthy attacks on civilians, the mainstay of terrorism groups.

After an appeal to a military appeals court, convicted detainees can take their cases to a civilian federal appeals court and, potentially, to the Supreme Court.

The panel rejected two specifications that would have supported a conviction for conspiracy. One asserted that Mr. Hamdan was part of the larger conspiracy with senior Qaeda leaders and shared responsibility for terror attacks including the 2001 terror attack.

The second conspiracy specification rejected by the panel asserted that Mr. Hamdan was part of a conspiracy to kill Americans in Afghanistan in 2001 with shoulder-fired missiles.

But the panel voted to convict Mr. Hamdan of five of eight specifications that made up the charge of providing material support for terrorism. The specifications included accusations that he drove Mr. bin Laden, served as his bodyguard, was a member of Al Qaeda and knew its goals.

During the sentencing hearing the judge, Keith J. Allred, a Navy captain, told the panel members that the specifications were duplicative and that they should sentence Mr. Hamdan as if he had been convicted of only one specification.

For the Bush administration, a conviction on any charge represented a singular victory, partly because a case brought on Mr. Hamdan’s behalf reached the Supreme Court in 2006. That case, Hamdan v. Rumsfeld, ended with a ruling that derailed the Bush administration’s first plan for military commission trials here.

Tony Fratto, the deputy White House press secretary, said the administration was pleased that Mr. Hamdan received a fair trial, with an opportunity to present a defense against serious charges.

“The military commission convicted Hamdan of material support for terrorism,” Mr. Fratto said in a statement. “The military commission system is a fair and appropriate legal process for prosecuting detainees alleged to have committed crimes against the United States or our interests. We look forward to other cases moving forward to trial.”

The two-week trial included references by both sides to the Nuremberg trials.

Prosecutors, eager to shore up the image of the commissions here, presented a video that included graphic images of Qaeda terror attacks and their victims that they titled “The Al Qaeda Plan,” in reference to “The Nazi Plan,” a film shown at Nuremberg to document the Holocaust.

The defense noted that Hitler’s driver, Erich Kempka, was not prosecuted as a war criminal at Nuremberg.

Much of the case against Mr. Hamdan was based on his own descriptions of his role as a driver collected by federal agents in more than 40 interrogations, including some that lasted many days.

In the sentencing hearing on Wednesday afternoon, a psychiatrist called by the defense described Mr. Hamdan’s feeling of having been betrayed by Mr. bin Laden, although she did not fully explain why.

The psychiatrist, Dr. Emily A. Keram, also described what she said was Mr. Hamdan’s emotional reaction to seeing “The Al Qaeda Plan” at his trial, with its images of attacks and screaming victims.

Dr. Keram said that Mr. Hamdan had described being shocked by the images. “He told me that it was hard on his soul,” she said, adding that “he felt that his head was going to explode.”

Prosecutors argued that Mr. Hamdan had protected and ferried Mr. bin Laden to elude detection, including after the Sept. 11 attacks. However small his role in Al Qaeda, they said, people like Mr. Hamdan make Al Qaeda possible.

Defense lawyers argued that there was no evidence that Mr. Hamdan was involved in planning any Qaeda operations or had advance knowledge of them. They contended that his role as a driver was just a job for a father of two who “had to earn a living,” as one of his lawyers, Harry H. Schneider Jr., said.

August 03, 2008

The Crime Behind the Criminal Wars!:

Why is Habeas Corpus Such a Threat to those in Power?

By Maher Osseiran


03/08/08 "TPP" -- Why is the Supreme Court's decision to uphold habeas corpus rights for the Guantanamo detainees so scary that Senator Lindsey Graham, with the support of McCain, will "explore the possibility, if necessary, of a constitutional amendment to blunt the effect of this decision"?

What is so fundamentally wrong with the Supreme Court's decision, whose members are conservative or Bush appointees, to warrant amending our constitution? Have Senators Graham and McCain lost their minds?

I just finished reading a lengthy "friend-of-the-court" brief to the Supreme Court in support of petitioner Boumediene v. responder Bush, et al., a case resulting in a decision that reinstate habeas corpus rights, not just for the detainees, but for all Americans.

As a brief to the Supreme Court, the argument and the conclusion were primarily based in constitutional law and precedent.

A similar brief to a habeas corpus court that would review the legality of detaining the Guantanamo prisoners would undoubtedly take a different form or approach what the writ of habeas corpus has always ensured: that an independent court can inquire into the legal and factual bases for the Executive's assertion of its power to imprison. This guarantee has always included a meaningful judicial evaluation of the law and facts that underlie the Executive's asserted basis to detain.

Other than the meaningful judicial evaluation of the law and facts, a non-military tribunal would make it easier for a detainee to produce exculpatory evidence, evidence that would exonerate him or her; actually, anyone can produce such evidence and anyone can inject it into the court proceedings simply by providing it to any party.

Such exculpatory evidence is abundant and has been in the hands of U.S. Attorney Patrick Fitzgerald, governors, members of congress such as Conyers and Graham, the judiciary committees to the House and Senate, and a variety of law authorities that have jurisdiction as early as 2005; I know that for fact since I placed it there but no investigations resulted.

In February of 2007, Dr. James Zogby of the Arab American Institute, after familiarizing himself with my work, found it imperative to contact Conyers directly and received assurances, conveyed to me by email, that an investigation would proceed in due course; Conyers is still missing in inaction.

The evidence was uncovered when I decided to authenticate the videotape released by the Pentagon on Dec. 13, 2001, a videotape in which bin Laden was confessing to 9/11. My suspicions about the tape quickly materialized but it took close to a year to distill the information in to a format that would stand in a court of law.

The authentication work, the only work of its kind put forth in the public domain, unveiled the most heinous crime ever committed by a sitting president whose victims not only include the detainees in Guantanamo except for a handful, but the untold number of dead and maimed Afghanis, Iraqis, American citizens and soldiers who have died in this fake "war on terror".

The authentication work revealed that the taping of the bin Laden confession was the result of a sophisticated sting operation run by U.S. intelligence with the help of Saudi intelligence and was taped on September 26, 2001, barely two weeks after 9/11 and ten days before the invasion of Afghanistan.

According to the UN charter, "
All Members shall settle their international disputes by peaceful means in such a manner that international peace and security, and justice, are not endangered."

Even though the Bush administration had the evidence that bin Laden was responsible for the 9/11 attacks as early as September 26, 2001, such evidence was only shared with those who were important for the execution of their war, such as NATO and Pakistan, and kept away from those sane entities who were looking for a just and peaceful outcome as the UN Charter dictates.

The Bush administration, with premeditation, ignored its international obligations in deference to war. If the Bush administration had supplied the evidence to the world and specifically the Taliban who were requesting such evidence in exchange for bin Laden, the war might not have taken place and bin Laden would very likely be in custody.

Not pursuing that route makes the Afghanistan war an illegal war under the UN Charter and The Geneva Convention; thereby, the majority of the Guantanamo detainees can no longer be classified as enemy combatants but victims of war crimes.

These findings, which were shared with various authorities, were summarized in the "The Crime Behind the Criminal Wars!".

The authentication work also shows that the Bush administration, with premeditation, aided and abetted bin Laden after 9/11 far beyond any aid your average Guantanamo detainee could have ever provided to Al-Qaeda or bin Laden. There are also very strong indications, worthy of serious investigation, that the Bush administration was very aware of the 9/11 operations beforehand and allowed them to happen or even helped in making them happen. This argument was summarized in "Is Bin Laden Responsible for the 9/11 attacks?"

As a consequence of these findings, those handful of detainees who are charged with the more serious crimes, after review and a proper fact finding by a habeas corpus court, would have those charges against them dismissed only to be re-arrested and appropriately charged with less serious offenses; the rest of the detainees would have to be released.

The same court, and the public at large, will reserve the more serious offenses to high-ranking officials in the Bush administration, including the president.

By not acting in 2005 on the information received, Conyers and congress dug themselves a hole that kept getting deeper as time went by. The implications of the findings are very serious and the remedies go beyond those implemented after Water Gate and might prove to be the remedies that would help us reclaim our democracy.

The fundamental and positive change in how our democracy functions is what Senator Lindsey Graham, John McCain, and others in power are afraid of; a fear worthy of a constitutional amendment.

Their fear is genuine because, unlike other evidence in the public discourse of the Bush administration's abuse of power, which the administration and its supporters have been able to duck, this evidence is solid, all in the public domain, the majority of which the administration mistakenly placed there, it cannot be taken back, it cannot be spun, it is intact and most importantly, will remain so.

I am told that proper investigations would start after Bush leaves office. I do think though that no one should be above the law and no criminal should be given special consideration, especially those who hold public office, otherwise we are simply a nation of outlaws.

Maher Osseiran is an Arab-American peace activist. As a close observer of the Middle East, Maher's geopolitical analysis is always ahead of many in big media. As an engineer who worked in research, he uses his technical abilities to write investigative articles exposing one of the most serious crimes of the Bush administration, his work is published in print in The Lone Star Iconoclast, Crawford, TX, and on the web at www.mydemocracy.net

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June 29, 2008

Matt Janovic on the Supreme Court's 2nd Amendment Ruling

On the Supreme Court's 2nd Amendment Ruling Today


Washington D.C.--While not advocating anything actionable, see dictionary definition below. For educational purposes only. Time to open a gun shop in D.C., a wide-open frontier! The American Dream writ large!! Do not remove tag under penalty of law. The number three: that's odd. That'll learn ya.'

February 16, 2008

National Lawyers Guild calls for Scalia to recuse himself on torture

When I read Antonin’s statements to the BBC about torture I was appalled.

Justice Antonin Scalia told the BBC that “smacking someone in the face” could be justified if there was an imminent threat. “You can’t come in smugly and with great self satisfaction and say ‘Oh it’s torture, and therefore it’s no good’,” he said in a rare interview. He also accused Europe of being self-righteous over the death penalty.

I’m glad to see that the NLG is just as sickened as I am.

The National Lawyers Guild calls on Supreme Court Justice Antonin Scalia to recuse himself from any case coming before the Supreme Court involving the constitutionality of torture as an interrogation technique. In a BBC interview that aired on Tuesday, Scalia defended the use of torture to extract information from persons in custody by law enforcement officials in some cases. Although no case involving the use of torture is currently before the Court, recent events suggest that such a case may be forthcoming.

Guild President Marjorie Cohn said: “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.”…read on

UPDATE: via Think Progress: “The AP notes six other occasions in which Scalia’s comments have prompted calls for his recusal”


February 02, 2008

NYT no getting "huffy" about national security "concerns" excuses and alibis

Editorial

Secrets and Rights

President Bush’s excesses in the name of fighting terrorism are legion. To avoid accountability, his administration has repeatedly sought early dismissal of lawsuits that might finally expose government misconduct, brandishing flimsy claims that going forward would put national security secrets at risk.

The courts have been far too willing to go along. In cases involving serious allegations of kidnapping, torture and unlawful domestic eavesdropping, judges have blocked plaintiffs from pursuing their claims without taking a hard look at the government’s basis for invoking the so-called state secrets privilege: its insistence that revealing certain documents or other evidence would endanger the nation’s security.

As a result, victims of serious abuse have been denied justice, fundamental rights have been violated and the constitutional system of checks and balances has been grievously undermined.

Congress — which has allowed itself to be bullied on national security issues for far too long — may now be ready to push back. The House and Senate are developing legislation that would give victims fair access to the courts and make it harder for the government to hide illegal or embarrassing conduct behind such unsupported claims.

Last week, Senator Edward Kennedy, the Massachusetts Democrat, and Arlen Specter, Republican of Pennsylvania, jointly introduced the State Secrets Protection Act. The measure would require judges to examine the actual documents or other evidence for which the state secrets privilege is invoked, rather than relying on government affidavits asserting that the evidence is too sensitive to be publicly disclosed. Senator Patrick Leahy, chairman of the Senate Judiciary Committee and an important supporter of the reform, has scheduled a hearing on the bill for Feb. 13. Representative Jerrold Nadler, Democrat of New York, expects to introduce a similar measure in the House.

Of course, legitimate secrets need to be protected, and the legislation contains safeguards to ensure that.

To allow cases to go forward, the bill gives judges the authority to order the government to provide unclassified or redacted substitutes. It also gives those making claims against the government a chance to make a preliminary case using evidence that they have gathered on their own.

In October, the Supreme Court passed up an opportunity to rein in the administration’s abuse of state secrets claims and establish new procedures for dealing with potentially sensitive evidence.

The justices declined to take up the case of Khaled el-Masri, an innocent German citizen of Lebanese descent who was kidnapped, detained and tortured in a secret overseas prison as part of the administration’s extraordinary rendition program. Lower federal courts had dismissed Mr. Masri’s civil lawsuit, reflexively bowing to the administration’s claim that proceeding would compromise national security.

Since the Supreme Court has abdicated its responsibility, Congress must now act. Too many laws have been violated, and too many Americans and others have been harmed under a phony claim of national security.


December 11, 2007

Justices Restore Judges’ Control Over Sentencing

Think this is no big thing?

This is indeed a big thing, a big step towards defeating systemic racism.

The guidelines gave widely divergent sentencing between crack (ghetto, 'hood use) and powder cocaine (burbs, urban elite, hispanics) by as much as 100 to one!




Lest you think this is overturning some Bushista plot, I'll let you know all this started under Billy Clinton and Janet Reno's reign of terror for drug addicts (who are SICK, not criminals). While the Reagan administration started this phenomena, the Clintonistas applied it. Ruthlessly.

In many, many cases, juries (to which one is entitled) were simply done away by prosecutors, opening up judges who have no chemical dependency or addictions training to "just following orders" from the Federal government. They can be greatly affected by the testimony of cops and the persuasions of the prosecutors (who want to win elections based on their prosecution records) which made the accused and convicted victims of very bad federal sentencing guidelines in thousands of cases.

In a hysterical and ill considered move, Billy and Janet never attempted to overturn the decision to be just about sentencing guidleines. It flew in teh face of the U.S. Sentencing Commission! Afraid of seeming to be "soft on crime" (hey! remember that!)

For five grams of crack cocaine, those convicted (regardless of having family obligations or showing remorse and recovering, the convicted would get a minium of five years. Yet, that mandatory minimum only applied to 500 grams of cocaine powder.

This is a decision long overdue, to put it mildly. Much damage has been done to those given long sentences and the taxpayer paid so many dollars to pay for incarcerations it is a waste and a travesty.

So much for hard on crime Clinton's legacy as a civil rights champion. Like BuZh, the guy was a chimp . I mean chump.

Now wait until the Court tackles privacy violations and the handiwork of the dismantlement of the Constitution comes under perview for that. Why do you suppose that warrantless surveillance is so pervasive. Hmmmmmmmm......??

This will go a long way towards helping people turn their lives around (maybe), rather than building prison populations. That phenomena is a legacy of Clinton&Co and may make a least a few of these presidential candidates take a good look at the Courts rulings on subjecting people to unwise, uncounselled opinions about "what people deserve" in retribution.

Can you spell

S A N I T Y S O M E T I M E S R E T U R N SS

with some very hard work on the part of attorneys.

p.s. have a look at them dissenters. Warned you all about racist Alito. Clarence Thomas is another mattah altogether.

Veeger


Justices Restore Judges’ Control Over Sentencing


B
y LINDA GREENHOUSE
Published: December 11, 2007

WASHINGTON, Dec. 10 — The Supreme Court on Monday restored federal judges to their traditional central role in criminal sentencing.


In two decisions, the court said federal district judges had broad discretion to impose what they think are reasonable sentences, even if federal guidelines call for different sentences.

One decision was particularly emphatic in saying judges are free to disagree with guidelines that call for much longer sentences for offenses involving crack cocaine than for crimes involving an equivalent amount of cocaine in powdered form.

Both cases, each decided by the same 7-to-2 alignment, chided federal appeals courts for failing to give district judges sufficient leeway. The appeals court had in each case overturned a sentence that was lower than that provided by the guidelines. The two dissenters were Justices Clarence Thomas and Samuel A. Alito Jr.

Taken together, the decisions reflected the remarkable trajectory the court has traveled in the seven years since it overturned a New Jersey hate-crime statute on the ground that the law gave judges an unconstitutional degree of authority to make the crucial factual determinations that added a hate-crime “enhancement” to an ordinary criminal sentence.

Along with their diminished function under the Sentencing Reform Act of 1984, which set up the federal sentencing guidelines system, federal judges appeared to have been all but ejected from their role at the heart of criminal sentencing.

Judges still may not impose sentences above the range written into law by Congress or state legislatures. But the decision on Monday gives judges broad discretion to impose sentences higher or lower than the guidelines, which are not statutes and are issued by the United States Sentencing Commission.

The two decisions answered questions left hanging in 2005, when the court ruled in United States v. Booker that the federal sentencing guidelines could be constitutional only if “advisory” rather than mandatory. Appeals courts were to review sentences for “reasonableness,” the court said then. But the court did not say what it meant by either “advisory” or “reasonableness.”

Last June, in Rita v. United States, the court ruled that appeals courts could choose to presume that sentences within the guidelines range were reasonable, but that such a presumption was not binding. But that opinion was quite opaque and said relatively little about the trial judge’s role.

It is now clear that while judges should consult the guidelines, they are just one factor among others and do not carry any special weight. It is also clear that an appeals court must have a very good reason of its own to displace the trial judge’s judgment.

“The guidelines should be the starting point and the initial benchmark,” Justice John Paul Stevens said in one of the decisions on Monday, Gall v. United States, No. 06-7949.

But Justice Stevens went on to say that the guidelines were just one factor in the “individualized assessment” that a judge must make in every case. The judge “may not presume that the guidelines range is reasonable,” he said.

In that case, Brian M. Gall, who had briefly been involved in an Ecstasy distribution ring while a college student, received a sentence of three years’ probation rather than 30 to 36 months in prison called for by the guidelines.

The United States Court of Appeals for the Eighth Circuit, in St. Louis, ruled that such an “extraordinary” variance from the guidelines range required an equivalently extraordinary justification.

That judgment was erroneous, Justice Stevens said, in failing to give “due deference” to the district judge’s “reasoned and reasonable decision.” He added that “if the sentence is outside the guidelines range, the court may not apply a presumption of unreasonableness.”

Nor, he continued, should a sentence be overturned just because the appeals court “might reasonably have concluded that a different sentence was appropriate.”

The defendant in the crack cocaine case, Derrick Kimbrough, received 15 years instead of 19 to 22 ½ for several cocaine and gun-related offenses. The sentence was the lowest possible, given the statutory mandatory minimum sentences.

The trial judge said the higher guidelines term would be inappropriate for Mr. Kimbrough, a Marine veteran of the Persian Gulf war with an honorable discharge. The judge also disagreed with the relative treatment of crack and powdered cocaine, a disparity that he said led to “disproportionate and unjust” results.

The United States Court of Appeals for the Fourth Circuit, in Richmond, Va., overturned the sentence on the ground that it was “per se unreasonable” for a judge to depart from the guidelines “based on a disagreement with the sentencing disparity for crack and powder cocaine offenses.”

The Supreme Court took the unusual step of reinstating the original lower sentences, rather than simply instructing the appeals courts to reconsider the cases under an appropriately deferential standard of review.

Prof. Douglas A. Berman of the Moritz College of Law at Ohio State University, an expert on sentencing, called the decisions a “stinging rebuke of circuit court micromanagement of district court discretion.”

The decision in the crack cocaine case, Kimbrough v. United States, No. 06-6330, was particularly pointed in this regard. In her majority opinion, Justice Ruth Bader Ginsburg said that ordinarily, “closer review may be in order” when a judge’s sentence is based on a policy disagreement with the guidelines.

But she went on to say that this higher level of appellate scrutiny should not apply to a sentence based on a district judge’s critique of the crack-powder disparity.

Justice Ginsburg’s opinion took account of an important policy development since the case was argued on Oct. 2. On Nov. 1, amended guidelines for crack cocaine that the United States Sentencing Commission had long advocated took effect when Congress, which had the power to block them, let the moment pass without acting.

Justice Ginsburg said that “this tacit acceptance” of the amendment by Congress “undermines the government’s position” that judges should not have discretion to depart from the guidelines themselves.

The amendments put into effect a relatively modest change that will reduce sentences for crack by about one-quarter, resulting in sentences that are two to five times longer than for equivalent amounts of powdered cocaine.

The commission was limited in what it could accomplish on its own. A 1986 federal law, enacted at the height of public concern about crack, incorporated a 100 to one ratio into mandatory minimum sentences — that is, the same sentence was imposed for a given amount of crack and 100 times that amount of powder.

The Sentencing Commission guidelines operated as an overlay on that statutory framework. But as the commission studied the impact, it grew concerned. A 2002 report noted that 85 percent of defendants convicted of crack offenses were black, a fact the commission warned was leading to a loss of confidence in the fairness of the system.

Bipartisan bills are pending in Congress to address the disparity. On Tuesday, the Sentencing Commission will vote on whether to make the Nov. 1 amendment retroactive to the 19,500 inmates imprisoned for crack offenses.

The court’s endorsement of judges’ discretion raised the prospect that higher sentences, not only lower ones, would now be upheld on appeal.

Current statistics indicate that defendants benefit the most when judges depart from the guidelines. Below-guidelines sentences have been given in 11.9 percent of cases, and above-guidelines sentences in 1.6 percent. Criminal defense lawyers regarded the decision on Monday as good news.

“The court has taken the handcuffs off and told judges that ‘you are free to apply your mind,’” said Graham Boyd, director of the Drug Law Reform Project of the American Civil Liberties Union.

LDF Applauds Supreme Court Decision in Kimbrough v. United States
PR Newswire (press release), NY - 12 hours ago
... Inc. (LDF) today applauds the Supreme Court decision in Kimbrough v. United States. The 7-2 decision by the court allows judges to impose a sentence ...
Court Restores Sentencing Powers of Federal Judges New York Times
Justices Widen Sentencing Powers of Federal Judges New York Times
Given the Leniency to Show Leniency, Judges May Not New York Times
Financial Times - Bloomberg
all 739 news articles »
Court gives nod to sanity in sentencing
DesMoinesRegister.com, IA - 1 hour ago
The Supreme Court's rulings Monday in Kimbrough and Gall said that presumption is unacceptable. One of Monday's rulings - Derrick Kimbrough v. United States ...
A Plea of Temporary Sanity, or so it seems for the moment.
Capitol Hill Blue, VA - 12 hours ago
In Kimbrough v. United States and ingall v. United States, by identical 7-2 votes, truly outrageous laws (or their application) were tossed. ...
Court sides with defendants in sentencing cases
Baltimore Sun, United States - 17 hours ago
In Kimbrough v. United States, the court held that judges may make a "downward departure" from sentencing guidelines that give a trafficker in crack a ...
US High Court Gives Judges More Power on Sentences (Update1)
Bloomberg - 18 hours ago
The cases are Kimbrough v. United States, 06-6330, and Gall v. United States, 06-7949. To contact the reporter on this story: Greg Stohr in Washington at ...

On the issues involved see,
http://www.oyez.org/cases/2000-2009/2007/2007_06_6330/

and Thomas' dissenting (and highly confusing legally) option here.
http://www.law.cornell.edu/supct/html/06-6330.ZD.html

December 06, 2007

Guantanomo FACTBOX and Guardian back articles

Fawzi al-Odah is one of three
Kuwaitis still held in Guantanamo


FACTBOX: Quotes on Guantanamo case at Supreme Court


(Reuters) - The U.S. Supreme Court hears arguments on Wednesday in a case to decide the legal rights of terrorism suspects held in the U.S. detention center at Guantanamo Bay, Cuba.

Following are quotes about the case taken from legal briefs and interviews.

U.S. GOVERNMENT (in brief):

"Congress has authorized a war against an international terrorist organization with no uniformed soldiers, and the detention of its members and supporters is a critical component of any such war."

JENNIFER DASKAL, HUMAN RIGHTS WATCH (interview):

"It's not just about the Guantanamo detainees. It's about basic checks and balances and the U.S. system of government, and ensuring that even the president is not above the law."

U.N. HIGH COMMISSIONER FOR HUMAN RIGHTS (in brief):

"The United States is obliged to respect and ensure the rights set forth in (the International Covenant on Civil and Political Rights). The current system fails to do so. This court should ensure that provisions of domestic law are construed and applied consistent with the United States' continued commitment to the protection of human rights."

RETIRED U.S. MILITARY OFFICERS (in brief)

"If the United States detains 'enemy combatants' without providing a fair and meaningful hearing, it increases the likelihood that foreign forces capturing American troops in the future will ignore the Geneva conventions entirely -- thereby putting the lives of American prisoners at risk."

THE FOUNDATION FOR DEFENSE OF DEMOCRACIES (in brief):

"(Granting detainees broad rights to challenge their confinement) would invite massive detainee litigation, clogging the federal courts and enabling our enemies to wage a propaganda war against us using the platform of our own legal system."

WASHINGTON LEGAL FOUNDATION AND RETIRED GENERALS AND ADMIRALS (in brief):

"The United States can be justly proud of the humane and fair manner in which it has treated those prisoners (at Guantanamo). In particular, the Executive Branch and Congress have worked together to devise a system for ensuring that prisoners not charged with crimes do not remain in detention."

DAVID CYNAMON, LEAD ATTORNEY FOR DETAINEE FAWZI AL ODAH AND OTHERS IN THE CASE (in interview):

"As this stretches out, (our clients) certainly have no belief or faith in the American system of justice. When I tell them about the Supreme Court arguments coming up, they said:

'That's just a joke. Two years ago we were told that the Supreme Court had ruled in our favor and we're still here.'"

(Writing by Randall Mikkelsen and Paul Grant)


Honour Bound

  • Guardian, Friday November 16 2007
  • Lyn Gardner
The lonely figure of a man in an orange jumpsuit spins in the air. The cage around him goes in and out of focus. Just watching him makes you feel dizzy. What might it feel like to be incarcerated in Guantýnamo? Dealing with the isolation? The daily emotional and physical assaults on your mind and body, sanctioned by the US government? Spending months in solitary confinement (...)

(...) sequence in which an inmate keeps trying to run over the Geneva Convention, his body jerking and twitching as he is repeatedly thrown (...)

  • Captive audience

    • Guardian Unlimited, Friday March 30 2007
    • Ros Taylor
    LETTERS FROM TEHRAN Another day, another letter purportedly authored by Faye Turney, the British sailor who is now the focus of the standoff between London and Tehran. This one calls on a "representative" of the Commons to consider withdrawing British forces from Iraq. The Sun calls the letter "despicable" and castigates the UN security council for its failure to "bellow (...)

    (...) after capture" has changed. The Geneva convention stipulates that captured personnel (...)
  • Guantanamo Bay}&lpos={results-main-articles}{4}"> Guantanamo Bay

    • Guardian Unlimited, Wednesday January 10 2007
    What is Guantanamo Bay? It is a US naval base on the eastern tip of Cuba which, for the past five years, has been used as a detention centre for suspected terrorists, mainly captured in Afghanistan during the US assault following the September 11 attacks. Those held are suspected of fighting for the Taliban or being operatives for al-Qaida, and are considered "enemy (...)

    (...) Geneva convention. This means prisoners can be detained indefinitely without trial, something critics condemn as a legal black hole. Who is currently detained at (...)

  • Even a bag-lady can teach Bush about human rights

    • Observer, Sunday September 10 2006
    • Henry Porter
    An elaborately turned-out bag-lady of the sort you occasionally see in Manhattan - a former fashion editor, perhaps, or designer who has lost her mind but not her style - stopped in front of all the people sunning themselves in Bryant Park and shouted at me: 'I obey the constitution.' I wish I had had the wit to shout back: 'Which is more than your President.' What Bush is (...)

    (...) and tried at Guantanamo. The proposed courts...constitution and the Geneva Convention, the Supreme (...)
  • What a difference a day makes

    • Observer, Sunday July 2 2006
    • Stephanie Merritt
    Tonight, maverick counterterrorism agent Jack Bauer will save the world (or at least the part of it that matters most, the greater Los Angeles area) from Armageddon for the fifth time. Not that I want to give away the ending, but the fact that Fox has commissioned a sixth season of 24 and optioned a seventh and eighth and a possible feature film is a clue that Bauer will (...)

  • Now, it's even considered seditious to read my article

    • Observer, Sunday July 2 2006
    • Henry Porter
    The sign that Steve Jago held on 18 June in Whitehall carried a quote from George Orwell. 'In a time of universal deceit, telling the truth is a revolutionary act.' It comes from Nineteen Eighty-Four and it is perhaps worth speculating what Eric Blair would have thought of a law that allows a young man to be arrested for displaying a placard outside Downing Street. He would (...)

    (...) US Supreme Court forced the Bush administration to respect the Geneva Convention at Guantanamo and the High Court quashed control orders on six (...)

Let's hear it for Belgium

  • Guardian, Tuesday May 20 2003
  • George Monbiot
Belgium is becoming an interesting country. In the course of a week, it has managed to upset both liberal opinion in Europe - by granting the far-right Vlaams Blok 18 parliamentary seats - and illiberal opinion in the US. On Wednesday, a human rights lawyer filed a case with the federal prosecutors whose purpose is to arraign Thomas Franks, the commander of the American (...)

(...) breached protocol II to the Geneva conventions, which prohibits "violence to (...)

From Arab News: The Crime of Guantanamo

Editorial: The Crime of Guantanamo
6 December 2007

WHILE the Bush administration plays with words like “noncombatant status” to try and avoid its obligations under the Geneva Convention, the harsh reality is that Guantanamo Bay is a hell hole that is driving its inmates mad. The Algerian prisoner of six years who recently slashed his throat with a sharpened fingernail is proof positive of the obscenity of this institution and the Kafkaesque way it is run. And even here, the US authorities are still juggling words, insisting that the Algerian was not seeking to commit suicide but merely indulging in “self-harm”.

There can be no doubt that some at least of the 305 remaining detainees in the US Cuban base are dangerous Al-Qaeda bigots. But this is no reason to treat them with the same ruthlessness that they would treat those they consider to be their enemies. By lowering his administration’s standards to pretty well the level of the kidnap gangs in Iraq, Bush has brought shame on America. His odious policy even has kidnappings as part of its mix, since the “extraordinary rendition” — more word play — has seen suspected terrorists seized on the streets even of European countries and spirited away to Guantanamo. Is it any wonder Al-Qaeda thugs have for the cameras dressed up their own luckless prisoners in the bright orange fatigues of the Guantanamo detainees?

Yet Bush remains indifferent to the enormity of what he has done, in throwing over the very principles upon which his country is built and which in two inaugurations, he swore solemnly to uphold.

The US courts, however, are not so blind to the injustice. In 2004 judges found that despite the extrajurisdictional nature of Guantanamo, the US court system could hear cases brought by detainees protesting their incarceration. Two years later the courts struck down Bush’s order that the “enemy combatants” should face military tribunals in Guantanamo.

Undeterred, Bush used his then Congressional dominance to pass the Military Commissions Act, which sought to remove the right of habeas corpus from the detainees and make it possible for them to be tried by military commissions. It is a challenge to this act in a case originally brought by two prisoners, now expanded to cover 37, which is being considered by the US Supreme Court. Though it has been argued that the nine judges split five to four in terms of conservatism, the Bush administration cannot necessarily expect a sympathetic decision. There will be detailed, maybe abstruse legal arguments. But more important than that, the elephant in the courtroom will be the moral case against what Bush has done.

If the Guantanamo detainees are guilty of plotting or carrying terrorist crimes, they should be brought to trial. If there is insufficient evidence for a prosecution against any of them, they should be released. Those trials could be held in the US or The Hague. But trials there must be. It must be hoped that the Supreme Court will accept this and that this wicked, hole-in-the-corner crime of Guantanamo will be brought rapidly to an end.

November 03, 2007

US supreme court calls a halt to executions

America's execution chambers fell idle yesterday after the supreme court made it clear it will allow no more prisoners to be put to death until it reviews the legality of lethal injection.

Death penalty campaigners yesterday said they expected the informal moratorium to last at least until next summer when the supreme court is expected to issue its ruling.

The moratorium follows a decision by the supreme court on Tuesday night to block the execution of a Mississippi inmate minutes before he was to be put to death. Earl Wesley Berry, who has been on death row for 19 years for the murder of a woman, had been served his last supper and was 15 minutes away from execution when the court intervened.

The order for a delay marked the third time in just over a month that the supreme court has overruled state courts and the US court of appeals to block an execution.

Death penalty campaigners yesterday called the successive rulings a powerful sign that the supreme court wanted to put executions on hold while it considers a challenge to the way executions are conducted in America brought on behalf of a prisoner in Kentucky.

This is just an initial posting, as I didn't get one on here, due to my computer crash. More to follow, I assure you!! I LOATHE the death penalty .. in fact, it actually makes me physically ill to contemplate it or to read about those facing and I cannot BEAR to read accounts of what happens when it is applied ..


DEATH PENALTY Q & A
Amnesty International opposes the death penalty in all cases without exception. The death penalty is the ultimate denial of human rights. It is the premeditated and cold-blooded killing of a human being by the state in the name of justice. It violates the right to life as proclaimed in the Universal Declaration of Human Rights. It is the ultimate cruel, inhuman and degrading punishment.There can never be any justification for torture or for cruel treatment. Like torture, an execution constitutes an extreme physical and mental assault on an individual. Consider the disgust most people feel when they hear accounts of individuals receiving 100 volts of electricity to sensitive parts of the body as a method of torture. Surely we should feel even more disgusted by the use of 2000 volts applied to a person's body with the intent to deliberately kill? The physical pain caused by the action of killing a human being cannot be quantified, nor can the psychological suffering caused by foreknowledge of death at the hands of the state. The death penalty is discriminatory and is often used disproportionately against the poor, minorities and members of racial, ethnic and religious communities. It is imposed and carried out arbitrarily. The death penalty legitimizes an irreversible act of violence by the state and will inevitably claim innocent victims. Since human justice is fallible, the risk of executing the innocent will never be eliminated. Amnesty International continues to demand unconditionally the worldwide abolition of the death penalty. CLIP

5 Reasons To Oppose The Death Penalty
1 The death penalty is racist. 2 The death penalty punishes the poor. 3 The death penalty condemns the innocent to die. 4 The death penalty is not a deterrent to violent crime. 5 The death penalty is "cruel and unusual punishment." -- The United States is one of a handful of countries which still executes people. There are currently more than 3,500 people on death row -- more than at any time in U.S. history. Since 1976, more than 580 people have been executed in the United States. Over 50% of those have been killed since 1992. More than three-quarters of all executions since 1976 took place in Southern states. The reality is that lynching still exists -- it's just legal now. Texas Gov. George Bush has personally signed death warrants for 100 executions CLIP -- More on this issue through http://www.google.com/search?client=safari&rls=fr&q=oppose+death+penalty&ie=UTF-8&oe=UTF-8



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