Monday, December 21, 2009

More Casualties of the "War on Terror"

There is an important post up at Washington's Blog which talks about some of the truly scary things that have been happening as a result of the Obama administration's attempt to gain total government immunity for everything it does in regards to what it considers national security. Here's an tease; read the rest here.

If the president or one of his subordinates declares someone to be an “enemy combatant” (the 21st century version of “enemy of the state”) he is denied any protection of the law. So any trouble-maker (which means anyone) can be whisked away, incarcerated, tortured, “disappeared,” you name it. Floyd’s commentary:
After hearing passionate arguments from the Obama Administration, the Supreme Court acquiesced to the president’s fervent request and, in a one-line ruling, let stand a lower court decision that declared torture an ordinary, expected consequence of military detention, while introducing a shocking new precedent for all future courts to follow: anyone who is arbitrarily declared a “suspected enemy combatant” by the president or his designated minions is no longer a “person.” They will simply cease to exist as a legal entity. They will have no inherent rights, no human rights, no legal standing whatsoever — save whatever modicum of process the government arbitrarily deigns to grant them from time to time, with its ever-shifting tribunals and show trials...
The Constitution is clear: no person can be held without due process; no person can be subjected to cruel and unusual punishment. And the U.S. law on torture of any kind is crystal clear: it is forbidden, categorically, even in time of “national emergency.” And the instigation of torture is, under U.S. law, a capital crime. No person can be tortured, at any time, for any reason, and there are no immunities whatsoever for torture offered anywhere in the law.
And yet this is what Barack Obama — who, we are told incessantly, is a super-brilliant Constitutional lawyer — has been arguing in case after case since becoming president: Torturers are immune from prosecution; those who ordered torture are immune from prosecution….let’s be absolutely clear: Barack Obama has taken the freely chosen, public, formal stand — in court — that there is nothing wrong with any of these activities.
Yves here. The implications are FAR worse. Anyone can be stripped, with NO RECOURSE, of all their legal rights on a Presidential say so. Readers in the US no longer have any security under the law.
Roman citizens enjoyed a right to a trial, a right of appeal, and could not be tortured, whipped, or executed except if found guilty of treason, and anyone charged with treason could demand a trial in Rome. We have regressed more than 2000 years with this appalling ruling. 
To make this worse, this is the Supreme Court which is setting this precedent. They were the last line of defense, and they've completely abdicated they're responsibility to the Constitution in the face of pressure from the Obama administration.

To make it perfectly clear, these decisions quite literally enable the president to order you arrested, to declare you an enemy combatant, and to then proceed to torture you to death. The Supreme court has said that you will have no rights, and that the president or his men cannot be held responsible for anything the do, including torturing and killing you. It will not matter if you are an American citizen. The only thing that will matter is whether the King president wants to kill you. Because there is now no one who can stop him, or even make him think twice.

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