ROBERTS VOTED TO GIVE BUSH DICTATORIAL POWERS
http://counterpunch.org/floyd07202005.html
CHRIS FLOYD, COUNTERPUNCH - The United States long ago
ceased to be
anything like a living, thriving republic. But it
retained the legal
form of a republic, and that counted for something: as
long as the
legal form still existed, even as a gutted shell, there
was hope it
might be filled again one day with substance.
But now the very legal structures of the Republic are
being
dismantled. The principle of arbitrary rule by an
autocratic leader is
being openly established, through a series of
unchallenged executive
orders, perverse Justice Department rulings and court
decisions by
sycophantic judges who defer to power - not law - in
their
determinations. What we are witnessing is the creation
of a
"Commander-in-Chief State," where the form and pressure
of law no
longer apply to the president and his designated agents.
The rights of
individuals are no longer inalienable, nor are their
persons
inviolable; all depends on the good will of the
Commander, the
military autocrat.
George W. Bush has granted himself the power to declare
anyone on
earth - including any American citizen - an "enemy
combatant," for any
reason he sees fit. He can render them up to torture, he
can imprison
them for life, he can even have them killed, all without
charges, with
no burden of proof, no standards of evidence, no
legislative
oversight, no appeal, no judicial process whatsoever
except those that
he himself deigns to construct, with whatever
limitations he cares to
impose. Nor can he ever be prosecuted for any order he
issues, however
criminal; in the new American system laid out by Bush's
legal minions,
the Commander is sacrosanct, beyond the reach of any law
or constitution.
This is not hyperbole. It is simply the reality of the
United States
today. The principle of unrestricted presidential power
is now being
codified into law and incorporated into the
institutional structures
of the state, as Deep Blade Journal reports in an
excellent compendium
of recent outrages against liberty.
For example, on July 15, a panel of federal appellate
court judges
upheld Bush's sovereign right to dispose of "enemy
combatants" any way
he pleases, the Washington Post reports. In a chilling
decision, the
judges ruled that the Commander's arbitrarily designated
"enemies" are
non-persons: neither the Geneva Conventions nor American
military and
domestic law apply to such garbage. Bush is now free to
subject anyone
he likes to the "military tribunal" system he has
concocted - a brutal
sham that some top retired military officials have
denounced as a
"kangaroo court" that will be used by tyrants around the
world to
"hide their oppression under U.S. precedent."
One of the kowtowing jurists on the appeals panel was
none other than
John G. Roberts. Four days after he affirmed Bush's
autocratic powers,
Roberts was duly awarded with a nomination to the
Supreme Court. Now
he will be sitting in final judgment on this case - and
any other
challenges to Bush's peremptory commands. This is what
is known, in
the tyrant trade, as "a safe pair of hands."
The ruling by Roberts and his fellow Republican jurists
ignores the
fact that the Geneva Conventions - which lay down strict
guidelines
for the handling of any person detained by military
forces, regardless
of the captive's status - have been incorporated into
the U.S. legal
code, as Deep Blade points out. They cannot be abrogated
by
presidential fiat. And anyone who commits a "grave
breach" of the
Conventions - by facilitating the killing, torture or
inhuman
treatment of detainees (e.g., stripping them of all
legal status and
subjecting them to rigged tribunals) - is subject to the
death penalty
under American law.
====================
Wednesday, August 17, 2005
The Judith Miller/Valerie Plame theory of immaculate
conception: The cover story on Salon.com today is a
piece on Judith Miller by Joe Strupp, a careful and
meticulous senior editor with Editor & Publisher.
Linking to my recent story which first disclosed a July
8, 2003 meeting between Miller and I. Lewis "Scooter"
Libby, Strupp writes:
http://whateveralready.blogspot.com/

THE COURT IS IN SESSION: