Habeas: Gonzales NOT Wrong

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Saturday January 20, 2007 · 4:50 AM PST

2007/01/20 · 04:50

On Monday AG Gonzales testified before the Senate Judiciary Committee. He said:

"There is no expressed grant of habeas in the Constitution; there’s a prohibition against taking it away," Gonzales said. "Wait a minute," Specter interjected. "The Constitution says you can’t take it away except in case of rebellion or invasion. Doesn’t that mean you have the right of habeas corpus unless there’s a rebellion or invasion?"

The reaction was immediate and swift. Mcjoan, in a front page story, called for his impeachment and disbarment on the grounds of stupidity. There were 697 comments, and only one commenter, ConLaw101, even came close to being correct, to which by Egilsson, echoing mcjoan, responded "That's just an absurd, completely worthless position."

Below the fold I will explain why Gonzales and ConLaw101 are correct.

neoperiapt

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Monday December 11, 2006 · 4:38 AM PST

2006/12/11 · 04:38

If you opened this diary you’ve surely read the other impeachment diaries. I’ve read them, and I shall not rehash what they offered on each side of the calculus; rather below the fold I’ll tell you what I think they miss and what needs to be done about it:

neoperiapt

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Saturday October 07, 2006 · 4:26 AM PDT

2006/10/07 · 04:26

Much has been written lately regarding the writ of habeas corpus and the Military Commissions Act of 2006. Unfortunately, a fair amount of that has been wrong to varying degrees on the law although the sentiment has been correct. In this diary I will give you a summary of the law, clarify the issues, and predict whether SCOTUS will accept habeas petitions post-MCA (they will). Also, I will give you some helpful resources for the non-lawyers who write on legal topics. Read on until your eyes glaze over: Read More

Hearsay Evidence Dispute: Much Ado About Nothing?

neoperiapt

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Sunday September 17, 2006 · 5:57 AM PDT

2006/09/17 · 05:57

The left seems to believe that a rule permitting hearsay evidence in a terrorist war crime trial is no less perverse than the Spanish Inquisition. On the other hand, the right seems to believe that unless Bush's military commission legislation is passed, with express language permitting hearsay, the world will fall apart. The truth, as I explain below, is neither. When I first decided to write this diary I thought I would write a diary critical of the hysteria on the left on this precise issue, but as I looked into the matter in some depth I decided that while I am still critical of the hysteria on the left, I think the right has simply lost their mind (and Bush needs better lawyers).

Read on
Read More

Jefferson Raid: Sorry, No Big Deal

neoperiapt

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Wednesday May 24, 2006 · 5:48 PM PDT

2006/05/24 · 17:48

It seems like it should be a big deal: the leaders of both parties and one of the more infamous right-wingers all join to condemn it, it hasn't happened in 219 years, and by gosh it just sounds so like Bush-trampling-on-the-Constitution.

I'm sorry, I just don't think it is a big deal. My bullet point take below:
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Dead Sea is, well, Dead

neoperiapt

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Monday April 17, 2006 · 3:59 PM PDT

2006/04/17 · 15:59

It's official, according to a report just put on the wires by the AP:

The Dead Sea is dying, with the world's saltiest water body threatened by a lack of fresh water and an increasingly tense political situation, environmentalists have warned.

I think this has grave implications for the current political landscape. It may well be that Nixon is dying due to decreasing oxygen and a build up of dirt over his face and we didn't even know it.

And you thought Kelo was bad. Or what a long strange trip it was.

neoperiapt

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Saturday January 21, 2006 · 2:46 AM PST

2006/01/21 · 02:46

In 1972, the city of Roanoke, Virginia devised a plan to condemn large parts of a predominantly black neighborhood for redevelopment as part of an urban renewal program to eliminate "blight." In 1975, the city published a map that showed its intent to condemn the land, and in 1978 the city negotiated the sale of the land to a church. That deal was never consummated, however, and the city just let the issue (threat) hang. In 1998, after renewed efforts to sell the property to the church failed, the city decided it was no longer interested in the property. The problem for the prominent black Claytor family, whose property included professional office buildings, a home subdivided into apartments, and a former gas station, was that the 25 year threat of condemnation not only kept them from improving their property as a practical matter, but also drove tenants away.

The resolution below the fold.
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ID Case: All But Over, Amen

neoperiapt

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Tuesday November 08, 2005 · 4:14 AM PST

2005/11/08 · 04:14

Testimony in the Pennsylvania ID case of Kitzmiller v. Dover Area School District has concluded and the attorneys have made their closing arguments. The attorneys will brief the case in the next month or so and the judge has indicated he will try to issue a ruling by the end of the year. Science will prevail. Read More

Lincoln, Bush, Alito: An Eternal Golden Braid

neoperiapt

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Friday November 04, 2005 · 5:03 AM PST

2005/11/04 · 05:03

I just finished Lincoln by David Herbert Donald (two-time Pulitzer prize winner), a wonderful book about the 2d best president (my opinion) and one of our greatest Americans (universal opinion). A biography constructed largely from Lincoln's own words, it is deliberately written from Lincoln's point of view - what he knew when he took critical actions and why he reached his decisions. I found it to be a fascinating historically and politically, and I highly commend the book to the Kos community. What makes the book particularly interesting is its historical timeliness: comparing then with now. Read More

RSS

Habeas: Gonzales NOT Wrong

Impeachment: Cost, Clarity & Cowardice

Habeas Corpus: The Definitive (Heh) Diary (Good News)

Hearsay Evidence Dispute: Much Ado About Nothing?

Jefferson Raid: Sorry, No Big Deal

Dead Sea is, well, Dead

And you thought Kelo was bad. Or what a long strange trip it was.

ID Case: All But Over, Amen

Lincoln, Bush, Alito: An Eternal Golden Braid