[Notes: Strong language and graphics content follows on the flip. Thanks to other Kossacks who provided several of the linked articles.]
In case anyone has been wondering when the line in the sand was going to be drawn - this is it. This isn't an abstract argument about the morality of a war of choice or the complex issue of a conspiracy to out of a covert CIA agent or the treatment of brown children in our custody on the other side of the world somewhere.
This is about a very simple question: "Are we under martial law?"
There is only one passage in the Constitution that applies here: Article 1 - Section 9 - Clause 2:
>>> The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.
No Bill of Attainder or ex post facto Law shall be passed. <<<
This really all the constitution has to say: That Habeas Corpus - standing in for essentially the power of the Government over law - shall not be suspended unless "the public Safety may require it." A strict constitutionalist (as everyone seems to claim to be) would read this that there is no "time out" for a citizen's rights but it could be read more broadly to say that "Habeas Corpus" stands for "the need for the government to follow it's own laws" and that it can be suspended when needed for "the public Safety". Lincoln tried to suspend the Writ but was met with such resistance that he had Congress ratify it. All the other suspensions have been very limited in size and scope (eg nine counties in South Carolina, the Philippines, Hawaii) and set by Congress.
http://caselaw.lp.findlaw.com/...
Bush has come out swinging about his warrantless eavesdropping within our country in direction contradiction to the laws of our land and the traditional separation of powers. Basically he walked into the party stuck his dick in the punchbowl and said, "Who doesn't like it? I did it before and I'll do it again. Shut up and enjoy your punch, bitches!" and it's up to us to kick his ass hard and throw him naked into the alley or drink our dick tainted punch and forever keep our peace.
We all know that the New York Times held onto the this story for over a year (thanks, fucknuts!) and apparently when Bush found out they were (finally) going to print the story he apparently called them to the White House for a "meeting".
>>> No wonder Bush was so desperate that The New York Times not publish its story on the National Security Agency eavesdropping on American citizens without a warrant, in what lawyers outside the administration say is a clear violation of the 1978 Foreign Intelligence Surveillance Act. I learned this week that on December 6, Bush summoned Times publisher Arthur Sulzberger and executive editor Bill Keller to the Oval Office in a futile attempt to talk them out of running the story. The Times will not comment on the meeting, but one can only imagine the president's desperation. <<<
http://www.msnbc.msn.com/...
Think people don't see the writing on the wall? Remember the "political oversight" and "congressional briefings" he kept harping on? Senator Rockefeller (D-WV) was given a brief overview of what was going on. He was so worried he felt the need to note his protest with the White House. But being unable to speak to anyone about it he was reduced to a hand written note to Dick Cheney.
An image of the note is here: http://talkingpointsmemo.com/...
It looks like a work of goddamn political prisoner.
>>> As I reflected on the meeting today, and the future we face, John Poindexter's TIA project sprung to mind, exacerbating my concern regarding the direction the Administration is moving with regard to security, technology, and surveiliance.
Without more information and the ability to draw on any independent legal or techical expertise, I simply cannot satisfy lingering concerns raised by the briefing we received. <<<
He basically covers his ass saying he can't fairly evaluate the legality of the program and is very concerned.
But that's not the money graf - THIS is the money graf:
>>> I am retaining a copy of this letter in a sealed envelope in the secure spaces of the Senate Intelligence Committee to ensure that I have a record of this communication. <<<
This says - in giant flashing neon letters - WHEN THIS GETS OUT THE SHIT IS GOING TO HIT THE FAN AND YOU'RE NOT TAKING ME WITH YOU YOU CRAZY FUCKS! TAKE THIS AS A WARNING!
Needless to say the White House never responded. And this is the Congressional oversight they claim protected the country from their wrong doing? Wanna know why they just didn't and didn't tell anyone? Wanna know why FISA with it's 72 hour RETRO-active search warrants weren't enough?
>>> Q If FISA didn't work, why didn't you seek a new statute that allowed something like this legally?
ATTORNEY GENERAL GONZALES: That question was asked earlier. We've had discussions with members of Congress, certain members of Congress, about whether or not we could get an amendment to FISA, and we were advised that that was not likely to be -- that was not something we could likely get, certainly not without jeopardizing the existence of the program, and therefore, killing the program. And that -- and so a decision was made that because we felt that the authorities were there, that we should continue moving forward with this program. <<<
So the answer is - we didn't think Congress would give us the power and authority to do this so we just didn't tell them and did it anyway. WTF?!??! Did I just read that right? Don't you realize that if you can't get the power to do it then maybe you shouldn't do it.
http://www.whitehouse.gov/... (Much more from this interview later.)
But this isn't even the real concerning part. At the core of all these activities and all these decisions is the belief that the office of the President is imbued with the authority to literally do whatever he wants to as long as the country is at war - in this case the "War on Terror". When pushed this the argument they fall back on - the President can do whatever he wants/need to do. Period. For as long as he says he needs to. Period.
Much of this comes from the twisted mind of John C. Yoo. He is author of famous legal argument that only behavior that intends to cause major injury or death constitutes "torture" and even behavior resulting in death isn't torture if that wasn't the intention. It was in this same document that Yoo claims that anyone doing anything ordered by the President is - by definition - doing something that is legal because the President has the authority to do anything he wants.
>>> The memo defines torture so narrowly that only activities resulting in "death, organ failure or the permanent impairment of a significant body function" qualify. It also claims, absurdly, that Americans can defend themselves if criminally prosecuted for torture by relying on the criminal law defenses of necessity and/or self-defense, based on the horror of the 9/11 terrorist attacks.
Finally, the memo asserts that the criminal law prohibiting torture "may be unconstitutional if applied to interrogations undertaken of enemy combatants pursuant to the President's Commander-in-Chief powers."
In short, the memo advises that when acting as commander-in-chief, the president can go beyond the law. <<<
Get that? A law that contradicts the wishes of the President is "unconstitutional". Apparently the power of the constitution flows from the office of the President and anything that opposes him - even laws passed by the Congress and upheld by the courts - somehow become "unconstitutional" because the constitution is the perfect expression of His will.
http://writ.news.findlaw.com/...
Actual Memo: http://writ.news.findlaw.com/...
Speaking of torture - this is the same reasoning Alberto Gonzales is using when he says that the President was right to order extra-legal activities because.... well... he's the President. Still think we might NOT being living under martial law? Alberto's justification of why people shouldn't be upset about a little wire tapping? Because we could grabbing Americans and holding them without charge - but we're aren't doing that too much - so clearly we're being restrained and reasoned in our approach. Think I'm wrong? Think I'm fucking kidding?
>>> Q I wanted to ask you a question. Do you think the government has the right to break the law?
ATTORNEY GENERAL GONZALES: Absolutely not. I don't believe anyone is above the law.
Q You have stretched this resolution for war into giving you carte blanche to do anything you want to do.
ATTORNEY GENERAL GONZALES: Well, one might make that same argument in connection with detention of American citizens, which is far more intrusive than listening into a conversation. There may be some members of Congress who might say, we never --
Q That's your interpretation. That isn't Congress' interpretation.
ATTORNEY GENERAL GONZALES: Well, I'm just giving you the analysis --
Q You're never supposed to spy on Americans.
ATTORNEY GENERAL GONZALES: I'm just giving the analysis used by Justice O'Connor -- and she said clearly and unmistakenly the Congress authorized the President of the United States to detain an American citizen, even though the authorization to use force never mentions the word "detention" -- <<<
http://www.whitehouse.gov/...
That's 'whitehouse.gov' motherfuckers. There's that dick in the punchbowl again. We can detain American citizens even though the authorization doesn't say "detain". We can do whatever we want!!!!!
So that's it. The curtain is finally pulled back and caught red-handed they're still not backing down. We do what we want and we're not going to stop unless someone steps us and makes us stop. We don't care and we don't think you can make us care - so fuck you! Drink your dick cheese tainted punch shut the fuck up.
Disgrace is not enough because they cannot be disgraced. Dishonor is not enough because they have no honor. Prosecution and persecution are our only path now. Either you're with us or you're with the enemies of America - the ones in the White House. Impeachment, prosecution, conviction, jail time and whole ugly rotting carcass dragged into the sunlight to face public scrutiny despite the horror of it all.
Strength and Honor - because it's on,
=tkk