Our highest KUDOs go to Law Professor Ellen S. Podgor; for a succinct reflection against the naysayers who would dare defeat efforts to correct injustice for the sake of monetary cost or laxity. Stetson University Law Professor Ellen S. Podgor ( here) is managers the White Collar Crime Prof Blog ( here) that is part of the Law Professor Blogs Network ( here). Today we tip our hats off to her for many reasons. She has informed us that a new book is coming out on habeas corpus (see Wikipedia discussion on habeas corpus ( here)). Professor Podgor's blog has surpassed the 2 million web traffic mark this year.
Prosecutorial misconduct has become systemic and incestuous throughout America; in both state and federal realms. This also includes prosecutorial willful blindness of cronies; an extensively heinous and egregious double standard of modern justice. Yet, when bad faith conduct by entrusted public servants are revealed; a circle the wagons mentality staunch refusal to correct - has become the norm! In what should be denoted down through history as the quintessential sine qua non requisite for all prosecutors, judges and of course - Law students - to consider; Professor Podgor has coined the issue poignantly. As she states in her Blog about the New Book - Habeas; where she states these two views of hers that should be considered as axiom's of the highest order. To wit verbatim;
I am deeply disappointed that too many today reference cost, expensiveness, or efficiency as rationales for shortcutting processes that may assist only a few folks.
As Professor Podgor concluded reflectively;
As I always ask - if you are that one person who could benefit from this criminal process correction, would you want it discarded for efficiency sake?
We have heard about the recent issues at Quantanamo Bay and how detainess, being denied basic rights - even after winning (in 2008) some rights back including habeas corpus (see Columbia Law discussion of Boumedeine v Bush ( here); are committing suicide as a form of escape from injustice. (See NY Times story ( here)).
Additionally, there is much debate about the bad faith, including torture issues (see reports from former Latham & Watkins attorney who is now a journalist ( here). As well as the bad faith treatment of military whistle blower Pvt Manning and President Obama declaring that he is already classified as guilty of crimes (see FireDogLake Blog report ( here)).
Writs are the check-n-balance for citizens and entities in America; to stop bad faith abuses by our systems of justice. There are many more cases, literally thousands upon thousands about injustice. Ritchie Capital has a brief before the US Supreme Court on the fact that MN federal courts have ruled that no victim can seek restitution for the monies fleeced them by Tom Petters ponzi schemes. (See US Sup Ct Writ of Certiorari ( here)). The MN Federal Courts ruled this way despite the Mandatory Victims Restitution Act (MVRA).
We have arduous battles, due to denial of legitimate due process that results in death for American citizens; so the debate is gargantuan for us - much less foreigners. Many a person are being executed in bad faith, denied the rights for various reasons. Cameron Todd Willingham lost his children due to an electrical fire. Despite the fact several experts pointed this out to the Governor and ruling authorities; they did not take the time to look at the issue - because it was inconvenient!
(see Wikipedia on his Willingham's story ( here)).
Also, we all remember the national story of the Texas, Sharon Keller who sits upon the highest criminal court of Texas Criminals Appeals Court as Presiding Justice. Despite the fact that Judge Keller claims she only goes by what is right, that she is extremely religious and she was chairman of the Texas Task Force on Indigent Defense; Judge Keller refused to review an appeal to halt an execution - because it was past 5 o'clock p.m. (see Wikipedia history (
here)). Judge Keller stated she would do nothing differently, demonstrated no remorse; as a judicial panel said there were no ethics violations! This was not the first time Judge Keller denied justice to innocent persons; due to her staunch refusal to admit a mistake.
Washington activist and journalist Andrew Kreig (pictured left); has been an advocate against injustice for many years. He has formed the Justice Integrity Project; which has pointed out corrupt prosecutions of Senator Ted Stevens, Governor Siegelman from Alabama and has done much research on the fact that Karl Rove is the driving force behind the Swedish campaign to prosecute WikiLeaks Julian Assange. You can see all his recent stories, blogs and exposes at www.Justice-Integrity.org .
Professor Ellen Podgor points out that she is opposite the views expressed by Op-Eds on co-authors Nancy King (Vanderbilt) and Joespoh L. Hoffman (Indiana); who have Op-Ed's on the issues in the NY Times which pose the question on whether or not correcting injustice is simply "too expensive" (See NY Times Opinion Page ( here) & HuffPo piece "Liberty Requires More Habeas in This Corpus ( here).
President Obama's Attorney General Eric Holder was forced by Congress to abandon his intention to put the 9/11 terrorist on trial in NY federal court. Thus keeping America away from what would most likely be a huge trial on the largest issue of the new millenia. Being forced to cave by Congress, such restrictions of Justice should send a chill upon all Americans' back - it is Absurd!
Restrictions of basic rights, under the guise that it is due to the need to "secretly" fight a great/obvious evil; is the same old argument all thieves use to gain an advantage. You only have what we permit you to have; because we are strong and you are weak.
That is the whole reason the Constitution established the rights of such writs as habeas corpus. Even when it was created - it was utilized for foreign citizens as well (as many a person who fought in the American Revolutionary War was a "debate" of citizenry); thus the writ was made available to anyone - whether foreign or domestic.
Now they seek to take that right and restrict it - even though habeas corpus is rarely granted; under the guise of cost effectiveness. The government has gotten its head up its arse - often; during the last couple of decades.It is a crime and prohibitied for the lawyers and researchers to look at the documents that WikiLeaks has made public. Absurd BS! As Steven Aftergood (the Director of he Project on Government Secrecy and the Federation of American Scientists) was quoted in this NY Times article ( here).
"The was no question that the researchers were handicapped asthey reported on the wars, foreign relations or Guantanamo"
"It's the definition of self-defeating," Mr. Aftergood said. "It doesn't serve the interest of Congress or the public."
The issue remains as simple as Professor Pogor did write;
Approach the issue of correcting injustice;
as if you are the one suffering from the injustice!