The Urban Grind

Current events, politics and life in general from the perspective of a conservative woman in New York

 

Archive for the ‘Civil Liberties’ Category

Bush Gives U.S. District Court the Finger

He did this by notifying the U.S. District Court of Appeals in Washington DC that they no longer have the jurisdiction to consider the many habeus corpus petitions filed on behalf of terrorists at Guantanamo.

In a notice dated Wednesday, the Justice Department listed 196 pending habeas cases, some of which cover groups of detainees. The new Military Commissions Act (MCA), it said, provides that “no court, justice, or judge” can consider those petitions or other actions related to treatment or imprisonment filed by anyone designated as an enemy combatant, now or in the future.

Beyond those already imprisoned at Guantanamo Bay or elsewhere, the law applies to all non-U.S. citizens, including permanent U.S. residents.

{snip}

Habeas corpus, a Latin term meaning “you have the body,” is one of the oldest principles of English and American law. It requires the government to show a legal basis for holding a prisoner. A series of unresolved federal court cases brought against the administration over the last several years by lawyers representing the detainees had left the question in limbo.

Needless to say, the law professors and the people over at the anti-American, pro-terrorist Center For Constitutional Rights are not happy, which I think it’s a good sign.

The administration’s persistence on the issue “demonstrates how difficult it is for the courts to enforce [the clause] in the face of a resolute executive branch that is bound and determined to resist it,” said Joseph Margulies, a Northwestern University law professor involved in the detainee cases.

On Tuesday, the appeals court granted a petition by lawyers for the detainees to argue against the new law. Vincent Warren, the executive director of the Center for Constitutional Rights, which represents many of the detainees, said yesterday that he expected the administration to file a motion for dismissal of all the cases before the defense challenge is heard.

“We and other habeas counsel are going to vigorously oppose dismissal of these cases,” Warren said. “We are going to challenge that law as violating the Constitution on several grounds.” Whichever side loses in the upcoming court battles, he said, will then appeal to the Supreme Court.

If at first you don’t succeed, sue and sue again.

Share

Christians Condemn Homosexual Exhibit in Norway Museum

Now the key word here is condemn.

Ignoring the strong condemnation from Nowegian conservative Christians, the Oslo Natural History Museum has put on display several pieces of art that show homosexuality among animals. Museum officials claim the exhibition, titled “Against Nature,” is the world’s first on one of the most controversial subjects.

{snip}

“Homosexuality has been observed for more than 1,500 animal species, and is well documented for 500 of them,” the exhibit’s project leader, Geir Soeli, told Reuters.

Now I can pretty much guarantee you that we won’t hear about massive riots, torching of embassies and killings of Muslim mullahs in Norway. Those conservatives are free to condemn whatever they find offensive, and boycott the museum. That’s their right in a free country that respects individual rights and free speech. But that’s about as far as it will go.

Share

How to Sock It To The ACLU

Last week, the House passed the Public Expression of Religion Act of 2006, which has currently been stalled in the Senate.

The American Rule in lawsuits, which the United States Supreme Court stated in 1967, is that unless otherwise stated in the law or by contract, each party is responsible for paying its own attorneys’ fees regardless of who wins the case. The rationale behind the rule is simply that a person should not be discouraged from seeking redress for a perceived wrong in the courts because of the fear of having to pay the opposing party’s fee in addition to his or her own if he or she should lose the case.

Nevertheless, in 1976, Congress amended provisions of the Civil Rights Act of 1964 to allow a prevailing plaintiff in a case involving a violation of his or her constitutional rights to recover attorneys’ fees from the defendant. According to the Senate report on the amendment, Congress passed this legislation to encourage poor victims to seek vindication of their rights and to discourage federal, state and local governments from committing such violations.

The reason PERA has become necessary is because all of these anti-religion lawsuits are initiated by the wealthy ACLU and Americans United for Church and State, organizations that do not charge their clients for their services. And so they make lots of money when small county and municipal defendants are forced to pay them money. It?s nothing but blackmail.

Share

Terror Detainee Bill Approved by The Senate

And the cry from the lefty bastions of media and academia is that the rights afforded to American citizens are not available to the terrorists.

Oh cry me a freaking river already!

President Bush’s argument that the government requires extraordinary power to respond to the unusual threat of terrorism helped him win final support for a system of military trials with highly truncated defendant’s rights. The United States used similar trials on just four occasions: during the country’s revolution, the Mexican-American War, the Civil War and World War II.

And those wars ended in victory for the U.S. unlike every single war we?ve fought after WWII which ended in a statemate.

Included in the bill, passed by Republican majorities in the Senate yesterday and the House on Wednesday, are unique rules that bar terrorism suspects from challenging their detention or treatment through traditional habeas corpus petitions. They allow prosecutors, under certain conditions, to use evidence collected through hearsay or coercion to seek criminal convictions.

The last thing we need is all these terrorists running to the ACLU (or the other way around) and then clogging up our courts. Also Abraham Lincoln, who was no wimp, suspended habeus corpus during the civil war. He?s not being posthumously reviled for it either. I guess to the left, it was ok for Lincoln as he was fighting against those white Christian Southern redneck types, as opposed to those poor downtrodden Muslims.

By writing into law for the first time the definition of an “unlawful enemy combatant,” the bill empowers the executive branch to detain indefinitely anyone it determines to have “purposefully and materially” supported anti-U.S. hostilities. Only foreign nationals among those detainees can be tried by the military commissions, as they are known, and sentenced to decades in jail or put to death.

No you idiot!!!! The definition of an ?unlawful enemy combatant? wasn?t written into law for the first time by the Bush Administration. It was written in the Geneva Convention, and it pertains to fighters out of uniform (as in terrorists!!!) None of this would even be an issue if the Supreme Whore Justices bothered to read the Geneva Convention in the first place.

At the same time, the bill immunizes U.S. officials from prosecution for cruel, inhumane or degrading treatment of detainees who the military and the CIA captured before the end of last year. It gives the president a dominant but not exclusive role in setting the rules for future interrogations of terrorism suspects.

The last thing our people need when they?re interrogating these beasts is to have to worry about some smarmy ACLU lawyer suing them for doing their jobs.

Written largely, but not completely, on the administration’s terms, with passages that give executive branch officials discretion to set details or divert from its protections, the bill is meant to provide what Bush said yesterday are “the tools” needed to handle terrorism suspects U.S. officials hope to capture.

Well, the President IS the Commander in Chief of the U.S. Armed Forces. I would rather President Bush, decide how to prosecute this war, rather than a small group of unelected Supreme Court justices who have their jobs for life no matter what.

For more than 57 months after the 2001 terrorist attacks on the World Trade Center and the Pentagon, Bush maintained that he did not need congressional authorization of such tools. But the Supreme Court decided otherwise in June, declaring the administration’s detainee treatment and trial procedures illegal, and ruling that Bush must first seek Congress’s approval.

Oh no no no no!!! We must never ever go against the rulings of our black robed deities!!! (Snort!) And frankly, when the lefty ?human rights? groups and college professors complain, I consider that a good sign.

But Tom Malinowski, the Washington office director for Human Rights Watch, said Bush’s motivation is partly to protect his reputation by gaining congressional endorsement of controversial actions already taken. “He’s been accused of authorizing criminal torture in a way that has hurt America and could come back to haunt our troops. One of his purposes is to have Congress stand with him in the dock,” Malinowski said.

Here’s what Human Rights Watch is really about.

{Snip}

University of Texas constitutional law professor Sanford V. Levinson described the bill in an Internet posting as the mark of a “banana republic.” Yale Law School Dean Harold Koh said that “the image of Congress rushing to strip jurisdiction from the courts in response to a politically created emergency is really quite shocking, and it’s not clear that most of the members understand what they’ve done.”

No, a banana republic is Mexico and other corrupt Latin American countries. Now in terms of Congress stripping jurisdiction from the courts, that?s laughable. At least Congress is elected. These judges who legislate from the bench are not, and they often nullify what citizens have fairly voted for. And what?s with the ?politically created emergency? spiel. We are at war, which has been declared on us even before 9/11. Oy, I detest professors! They?re almost as slimy as lawyers and politicians.

Georgetown University law professor Neal Katyal said the bill’s creation of two systems of justice — military commissions for foreign nationals and regular criminal trials for U.S. citizens — may violate the Constitution’s 14th Amendment, which requires equal protection of the laws to anyone under U.S. jurisdiction.

I’m sorry, but our Constitution is not a suicide pact. And there should be no such thing as a Constitutional right for a terrorist to do us harm.

Share

Activist Judge Delivers Victory to the ACLU

Judge Karen Caldwell, a federal judge in Kentucky, has ruled that a law barring protests within 300 feet of military funerals is too broad, and it may not be enforced.

Naturally, the Westboro Baptist Church is ecstatic. They are now free to disrupt military funerals to their heart’s content.

I’m just wondering why it is that rich conservatives can’t get together and sue the ACLU.

Share

More on the Al-Manar Case

The arrest of Javed Iqbal for broadcasting Hezbollah news channel Al-Manar out of New York, has drawn the usual liberal wacko suspects out of the woodwork.

First off, the ACLU is complaining.

Some civil liberties advocates say the prosecution appears to ignore exemptions in the law that cover distribution of media – including news wire feeds, tapes, photographs and more.

——–

“This is a prosecution for importing information, basically,” said Donna Lieberman, executive director of the New York Civil Liberties Union. “That raises serious First Amendment concerns because in a free society the exchange of information of ideas is at the core.”

This Lieberman bitch is conveniently ignoring the fact that America has designated Al-Manar as a terrorist organization. If she was alive during World War II, she would have probably gone into the same spiel on behalf of Lord Haw Haw, who was rightly executed for treason.

And speaking of treason, why wasn’t this guy charged with it?

The Lebanese information minister has also thrown his two cents in.

BEIRUT, Lebanon (AP) _ Lebanon’s information minister on Saturday criticized the arrest of a businessman in New York on charges of providing satellite broadcasts of Hezbollah’s Al-Manar television to New York-area customers.

“As a Lebanese citizen first, and as an official in the Lebanese government and information minister of Lebanon, I find this to be unacceptable,” Ghazi Aridi told reporters in Beirut.

——–
Aridi called Iqbal’s arrest an “attack against freedoms (that) robs a large section of people from watching a specific channel.”

Who on earth are these Arab politicians to be pontificating on an “attack against freedoms” anyway?

Share

She Should Have Recused Herself

It turns out that Jimmy Carter appointed judge Anna Diggs Taylor, who last week ruled that the NSA’s surveillance program was unconstitutional, is a Secretary and Trustee of the Community Foundation for Southeastern Michigan. This foundation has recently donated $45,000 to the ACLU of Michigan.

Also it looks like she should be recusing herself from another case as well:

(Judge Diggs Taylor is also the presiding judge in another case where she may have a conflict of interest. The Arab Community Center for Social and Economic Services (ACCESS) is a defendant in another case now before Judge Diggs Taylor?s court [Case No. 06-10968 (Mich. E.D.)]. In 2003, the CFSEM donated $180,000 to ACCESS.)

Frankly, if Judge Roy Moore can be thrown off the bench for merely refusing to remove a Ten Commandments display, then there should be no reason why this woman can’t be removed for being a terror supporter. And if that last statement sounds harsh, consider who appointed her.

Share

On the NSA Surveillance

By now, I’m sure you all know that a judge in Michigan (appointed by peanut brained Jimmy Carter naturally) as ruled the NSA surveillance “unconstitututional.”

Naturally, President Bush says he will fight to overturn that ruling. Also not surprisingly, the Democrats are ecstatic:

Democrats applauded the ruling as an important affirmation of the rule of law, while lawyers for the A.C.L.U. said Judge Taylor?s decision was a sequel to the Supreme Court?s decision in June in Hamdan v. Rumsfeld that struck down the administration?s plans to try detainees held in Guant?namo Bay, Cuba, for war crimes.

?It?s another nail in the coffin of executive unilateralism,? said Jameel Jaffer, an A.C.L.U. lawyer.

Notice the ethnicity of the A.C.L.U. lawyer. It figures that he would want nothing standing in the way of traitors in this country communicating with his fellow terrorist brothers.

Share

A Judge Rules Against the ACLU

A while back, the ACLU filed a lawsuit against the New York City Police Department, arguing that random bag searches violated the Fourth Amendment (“unreasonable search and seizure).

Luckily a U.S. Appeals court ruled in favor of the NYPD.

Hopefully there will be many more ACLU bitch-slappings to follow this one.

Share

More on the Airline Terror Plot

It turns out the Brits knew something was coming up, as their MI5 had been tracking this group of Muslim men for a year.

The reason they were able to get the information they had was because their group was infiltrated by an undercover British agent.

The Brits should be commended for doing such a good job with their intelligence. But the next time, they might not be as successful. As long as people care more about being politically incorrect than being safe, there will be more of these types of scares.

Share