Sunday, June 22, 2008

Modern Problems.

Atrios explains why the "do you want a liberal Democrat in the White House to have these powers?" question may not produce the desired effect when you pose it to wingnut freakbots...

As I've written before, Democrats will regret embracing the expansion of executive power because a President Obama will find his administration undone by an "abuse of power" scandal. All of those powers which were necessary to prevent the instant destruction of the country will instantly become impeachable offenses. If you can't imagine how such a pivot can take place then you haven't been paying attention.
So, yes— it appears we may have tactical considerations beyond the mere ethical concerns about Obama caving on the telecom immunity provision in the forthcoming foreign intelligence surveillance law. It seems nearly certain now that we will soon have a President, who voted while he was a Senator to give the White House power to order private enterprises to violate the law with immunity from prosecution, and the only open question before us at this point is whether we want to have a media and political environment that allows him to be impeached for doing it.

Hmmm. Modern problems. They arise in unexpected ways. I'm sure I will be saying "Who Could Have Possibly Predicted This?" in a couple years.

Monday, June 16, 2008

A Republic, if you can keep it.

What exactly is Lindsey Graham suggesting here?:
Sen. Lindsey Graham (R-S.C.) vowed Thursday to do everything in his power to overturn the Supreme Court’s decision on Guantanamo Bay detainees, saying that, “if necessary,” he would push for a constitutional amendment to modify the decision.

Is he actually saying what I think he is saying? That he wants to amend Article II, Section 9 of the constitution:
The privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.

Because if he is, could somebody please explain to him that the Great Writ is not some liberal hippie legal plot to aid the overthrow of the Republic? This little diatribe actually shocked me. A lawyer, an AMERICAN laywer, actually wants to amend the freakin Constituion and hamstring Habeas? Look Lindsey, it's not the courts fault your law degree is a worthless scrap, particularly in light of the fact you were the author of the Military Commissions act that was so efficently defenstrated by Justice Kennedy. Please stop sniffing around my Constitution. You and your batshit insane legal playmates are the last people on earth I want writing amendments to the Constitution.

Seriously, what is next with these people? After wiping their ass with the Geneva Conventions and the Bill of Rights, now they want a piece of one of the keystones handed down from before the Revolution, meant to preserve liberty and serve as a bulwark against false imprisonment and tyranny? You don't agree with the Courts decision, fine. Feel free to pout and kick your dog. But, you and your facist justice friend, Nino "who's an originalist?" Scalia can stay the Frak away from my Constitution thanks.

And in the annals of hysterical stupidity, this really takes the cake:
This decision will come at a cost,” said Rep. Duncan Hunter of California, the top Republican on the House Armed Services Committee. “The Supreme Court just moved us closer to the day when U.S. Marine rifle teams will have to have lawyers read Miranda rights to terrorists captured on the battlefield.”

What a shock this comes from Duncan Hunter. No Duncan, it does no such thing. It only moves us closer to the day when we restore the rule of law and justice to this country. I'm not surprised you cannot tell the difference.

I like this one too:
The American people are going to wake up tomorrow and be shocked to hear that a member of Al Qaeda has the same constitutional rights as an American citizen,” said Graham. “[Even] the Nazis never had that right.”

If the President and his minions had used Nuremberg as a model for constructing a legal process for the Gitmo detainees, that would have passed muster. It's not quite the same, but it at least acknowledged that the defendents have rights, and they are entitled to a fair trial, which even the Friggin Nazi's received. As bad as Al Queda is, they cannot possibly hold a candle to the Nazi's?? For Christ's Sakes, they murdered over 10 millions people in industrialized death camps. What the hell is he talking about??

And for the record, if the American people are suprised that, as Jefferson wrote in the Declaration, that rights are "inalienable", and that they are universal,"endowed by their Creator", then the American people are shockingly ignorant and should grow the fuck up and learn what those words really mean. They do not mean, in any possible way, that military and civilian leaders can arbitrarily suspend or deprive people of their libery without due process, or strip them of their basic humanity and dignity EVER. This isn't rocket science people. It's only rocket science to the semi-closeted nutjobs in the VP's office and their ideological friends like Lindsey Graham who cannot grasp these ideas.

When can I wake up from this nightmare??

And Mr. Franklin? I can only say we are deeply sorry that we allowed these people to fuckup the Republic you tried to pass on to us. We're trying to do better. Thanks.

Wednesday, June 11, 2008

HR 4279: Well Below Average Law Writing

Okay... it's been a while since we've pulled the breach plug out of the ol' mojowire canon. And I don't think we would be doing it without a good gorrham reason!

HR 4279, the Ministry of Truth Authorization Act of 2008 Prioritizing Resources and Organization for Intellectual Property Act of 2008 is a hideous piece of legislative sophistry that essentially makes that burned copy of the latest Coldplay album you got from your friend a federal felony.

Yeah, but who's got time to run down all these kids with their crazy music and book sharing? Well, the DoJ will when this is enacted, by creating a whole new division at Justice with it's own senior level appointee position, as well as greasing the wheels of local law enforcement to be on the look out for Captain Jack Sparrow and the Pirates of the Cyberbbean.

Moreover, there are provisions for civil and criminal forfeiture that allow the U.S. Customs officials to search your iPod/laptop, etc... at any place in the United States just because and then take them if they find anything that is covered by copyright protections and --and this is the kicker, if I read this right-- anything that can be used to circumvent copyright.

Dr. Strychnine brought this to our attention on his Live Journal site, and he has been hollering about this for years, as have the rest of us here. Now it's happening. This bill has passed the house, and is going to the Senate.

Now would be a good time to start banging the phones and emails on your various states' Senators to voice your displeasure...

mojo sends