released by Glenn Greenwald from trove leaked by Edward Snowden show that the agency officially viewed arguments about 'due process' to be an 'adversary propaganda theme'
, listed alongside military threats to drones. [more inside]
A confidential Justice Department memo
concludes that the U.S. government can order the killing of American citizens if they are believed to be “senior operational leaders” of al-Qaida or “an associated force” -- even if there is no intelligence indicating they are engaged in an active plot to attack the U.S.
Go to Trial: Crash the Justice System
. Michelle Alexander argues that ubiquitous plea bargains have allowed America's politicians and judicial system to short-circuit constitutional due process and ignore the mechanics of mass incarceration. If everyone charged with crimes suddenly exercised his constitutional rights, there would not be enough judges, lawyers or prison cells to deal with the ensuing tsunami of litigation.
Verisign today seized control
of a .com domain belonging to a Canadian online gambling business
operating in Canada (inasmuch as an online business can be said to be operating in Canada), on behalf of Federal Authorities. [more inside]
"Your responsibility is to defend Yertle. You may argue that Yertle is the king and, as protector of the realm, has a right to order his subjects to do whatever he thinks is necessary. He thought it was necessary to see what was beyond his pond and pressed other turtles into service so that he could see that far. They were hurt in the line of duty, so he wasn't personally liable for Sadie's injury. He did not realize how young she was, or he wouldn't have ordered her to join the stack of turtles." Turtle on Trial
, a lesson from the ABA
for Law Day
, May 1.
The military judge presiding over child solider Omar Khadr
's case has been replaced
. Khadr's lawyer claims the judge, Colonel Peter Brownback, was fired because he “threatened to suspend proceedings in the case of Omar Khadr if prosecutors continued to withhold key evidence from Omar's lawyers.” Defence officials claim Brownback was planning to retire.
Although Khadr was only 15 when he was captured, and is the only Western citizen still being held at Guantanamo Bay, Canada's Conservative government has refused to seek extradition or repatriation for him.
Alarming Article on Security Procedures
What is alarming is not necessarily that there is a "no-fly" list, or that we have security measures in response to a percieved terrorist threat. What's alarming is that there seems to be no accountabity or due process demanded from public officials. Without accountability, what's to stop public officials from acting arbitrarily, or for some political endeavor? (See the Plame case.)
Combined with the Right's seeming position that the president is above the law in prosecuting a war, U.S. Supreme Court Case No. 03-1027 (Rumsfield v. Padilla) and Case No. 03-6696 (Hamdi v. Rumsfield), (see also the recent DOJ position papers), and for the 1st time I am becoming nervous that America might devolve into something like a police state.
Consider Lt. Cmdr. Charles Swift,
military defense attorney, now representing Salim Ahmed Salim Hamdan
, a Yemeni who admits he was a driver for Osama bin Laden, a prisoner at Guantanamo since 2002. He was transferred to solitary confinement in December in preparation for trial, but no trial date has been set.
He has been told the trial will be fair but that evidence may be withheld from him, and his lawyer must ask the government's permission before revealing any facts of the case. He can seek redress only up the chain of command--in other words, to the people who decided he should be charged in the first place. Swift has filed lawsuit in Federal District Court in Seattle against Secretary of Defense Donald Rumsfeld and President George W. Bush, arguing not only that Hamdan is an innocent civilian, but that the military tribunal President Bush's administration created to try him is unconstitutional. Also, he says, the tribunal rules violate military law and the Geneva Conventions. If the government is right and Hamdan cannot use this legal avenue, "the logical result" is that Hamdan "could serve a potential life sentence without ever being charged with a crime and without being afforded a chance to prove his innocence," legal filings state. (More Within)