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What Is Really at Stake
The differences between Bush-era rendition and its precursors are not insignificant -- in fact, Horton and Center for Constitutional Rights President Michael Ratner debated them on Democracy Now! last week. But, given that they largely boil down to what the CIA did as a matter of policy under Bush (torture) versus what was allegedly done under Clinton unofficially (torture), neither are they the most urgent issue at hand. Obama's much-lauded executive orders are vague enough to elicit endless speculation when it comes to rendition and other intelligence policies. But the actions of his Department of Justice on Monday were not. "This was an opportunity for the new administration
to act on its condemnation of torture and rendition, but
instead it has chosen to stay the course,"
Ben Wizner said. "Now we must hope that the court will
assert its independence by rejecting the government's false
claims of state secrets and allowing the victims of torture
and rendition their day in court."Obama
Needs to Seek Justice for Bush's Crimes |
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Memos Provide Blueprint for Police State Wednesday 04 March 2009 by: Marjorie Cohn, t r u t h o u t | Perspective Seven newly released memos from the Bush Justice Department reveal a concerted strategy to cloak the president with power to override the Constitution. The memos provide "legal" rationales for the president to suspend freedom of speech and press; order warrantless searches and seizures, including wiretaps of US citizens; lock up US citizens indefinitely in the United States without criminal charges; send suspected terrorists to other countries where they will likely be tortured; and unilaterally abrogate treaties. According to the reasoning in the memos, Congress has no role to check and balance the executive. That is the definition of a police state. ::::::::::::::::::::::::::::::::::::::::::::::::: Justice Department to Reveal More Bush Administration Legal Memos Wednesday 04 March 2009 » by: Carrie Johnson, The Washington Post Justice Department officials intend to release more secret legal memos that underpinned the Bush administration's approach to national security issues, responding to pressure from Democratic lawmakers and interest groups that have sued for access to the sensitive materials, sources said yesterday. Marjorie Cohn is a professor at Thomas Jefferson School of Law and president of the National Lawyers Guild. She is the author of "Cowboy Republic: Six Ways the Bush Gang Has Defied the Law" and co-author of "Rules of Disengagement: The Politics and Honor of Military Dissent," which will be published this spring. Her articles are archived at www.marjoriecohn.com |
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Section 8 of Article One of the Constitution, covering
the powers of Congress, says, "The Congress shall have Power to
declare War, grant Letters of Marque and Reprisal, and make Rules
concerning Captures on Land and Water." Never mind the quaint
capitalization characteristic of the period. The intent of the Constitution's framers is quite clear. For the record, the last time the U.S. Congress declared war was almost 65 years ago--on December 8, 1941, after Japan's sneak attack on Pearl Harbor, which also happened to be a preemptive attack. This was followed four days later by the declaration by the Congress that a state of war existed between the United States and Germany and Italy--after these two nations declared war on the United States. Sixty-five years! That's simply too long a time for constitutional government to have been circumvented. http://notorc.blogspot.com/2006/08/awakening-from-history-iraq-dangerous.html |
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A NEED TO RIGHT WRONGS
In an editorial Sunday, The New York Times outlined
what lies ahead
in our fight to restore the Constitution:
This week, the Senate will consider a bill that would restore to
the prisoners of Guantánamo Bay the right to challenge their
detention in court.
... Congress did harm enough by tolerating Mr. Bush’s lawless
detainee policies, and then by passing the Military Commissions Act.
Giving the president a dictator’s power to select people for
detention without charges on American soil would be an utter
betrayal of their oath to support and defend the Constitution, and
of the founders’ vision of America.
Public outrage is nearing a tipping point. Your phone call could be
the one that moves your senator to vote “yes” on
restoring our
Constitution.
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US Constitution
www.law.cornell.edu/constitution/ |
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| A Short
List of Constitutional Violations:
Habeas Corpus Update "The privilege of the writ of habeas corpus shall not be
suspended"
"This Constitution, and the laws of the
United States which shall be made in pursuance
thereof; and all treaties made, or which shall be
made, under the authority of the United States,
shall be the supreme law of the land; and the
judges in every state shall be bound thereby,
anything in the Constitution or laws of any State to
the contrary notwithstanding."
"The trial of all crimes, except in cases of impeachment,
shall be by jury" |
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