• But you can’t actually legalize them.

    U.S. Constitution, (Article VI, Clause 2) “[...] all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land;” (aka Supremacy Clause)

    “Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment” treaty which was signed April 18, 1988 and ratified by the Senate on October 21, 1994, which states in Article 2, Clause 1 “Each State Party shall take effective legislative, administrative, judicial or other measures to prevent acts of torture in any territory under its jurisdiction.”

    Article 2, Clause 2 requires “No exceptional circumstances whatsoever, whether a state
    of war or a threat of war, internal political instability or any other public
    emergency, may be invoked as a justification of torture.”

    Article 2, Clause 3 requires “An order from a superior officer or a public authority may not be invoked as a justification of torture.”

    Yet Holder repeatedly does exactly that. “It would be unfair to prosecute dedicated men and women working to protect America for conduct that was sanctioned in advance by the Justice Department.”

    It was against the law then. It is against the law now. Luckily, murder and torture are outside the statute of limitations.

  • Or a french horn.

    This mouse has a tiny french horn, your argument is invalid.

    (not YOUR argument, eCAHNomics, but Holder’s argument)

  • We will be there, and have their backs, because the alternative is worse.

    Another cynical decision about the (minimal) value of progressives from Obama and Holder.

  • So I guess that cynical deal Holder made to not prosecute American war criminals, contrary to law and international treaty so that he and Obama wouldn’t be persecuted by the Republican’ts is working out as well as could be expected? The financial fraudsters get off scott free too, so that he and Obama stay safe?

    America gets to be a nation of war criminals, and business as usual?

    Oh, Box turtle, how I have missed your insights!

  • NMvoiceofreason commented on the blog post People Should Be Held Responsible for Their Actions

    2012-02-10 13:36:40View | Delete

    I just think this whole story is wrong.

    If you want to hold Eric Schneiderman responsible, thanks OK. But hold him responsible for what he actually did:

    foreclosure settlement
    Yes, there was a settlement, but the only charges covered by it were robo-signing, not the general securities fraud. The original DOJ settlement terms covered EVERYTHING, now and in the future. So the narrowing of the terms is one thing he achieved.

    NY AG sues banks

    NY foreclosure lawsuit

    Another thing he did is put the banks on notice, the free ride of non-prosecution under the Holder led DOJ was no longer going to happen.

    Credit the other AG’s, like Beau Biden with this too.

  • NMvoiceofreason commented on the blog post Happy Trails: Parting Is Such Sweet Sorrow

    2011-07-14 16:25:21View | Delete

    Thanks for the memories – especially the ones no one wants to remember.

    “All that is necessary for the forces of evil to win in the world is for enough good people to do nothing.”

    We know the date of evil winning has been pushed back by your presence.

    I follow where you lead.

  • NMvoiceofreason commented on the blog post Jon Tester: Get Out of My Trash

    2011-06-15 09:24:18View | Delete

    [Under settled law, discarded garbage placed on the side of the street for pickup does not fall within any recognized privacy interest protected by the Fourth Amendment. See California v. Greenwood, 486 U.S. 35, 40-42 (1988); United States v. Kramer, 711 F.2d 789, 792 (7th Cir. 1983); United States v. Crowell, 586 F.2d 1020, 1025 (4th Cir. 1978). When someone puts trash out for collection, he knows someone else (usually a total stranger) will be taking the garbage away — hopefully never to be seen again. An individual places "refuse at the curb for the express purpose of conveying it to a third party, the trash collector," who might himself sort "through [the] trash or [permit] others, such as the police, to do so.” Greenwood, 486 U.S. at 40. When left by the side of the road, trash becomes “readily accessible to animals, children, scavengers, snoops, and other members of the public.”]
    Commonwealth v. Bryant, Record No. 2715-04-1 (VA 5/3/2005) (Va, 2005)

    Nothing to see here. Law enforcement doing what law enforcement does – and has done- for decades.

  • NMvoiceofreason commented on the blog post Durham Targeting More Contractors?

    2011-06-13 13:49:03View | Delete

    Agreed. And any of our courts that got uppity as well.

  • NMvoiceofreason commented on the blog post Durham Targeting More Contractors?

    2011-06-13 13:46:46View | Delete

    Statute of limitations does not apply to capital crimes.

  • NMvoiceofreason commented on the blog post SCOTUS: Govt Can Use State Secrets to Hide Crimes

    2011-05-16 22:18:57View | Delete

    That was in an Amicus brief for granting cert. You can expect it is explicitely rejected.

  • There is a much more succinct description of substituting documents ordered by a court.

    It is called fraud.

    Prosecute them, and throw in a contempt charge to boot.

  • NMvoiceofreason commented on the blog post 9/11 Commission Redux

    2011-05-12 09:10:43View | Delete

    I have a better idea than a commission. Let’s try the Torture 13 in open court for conspiracy to commit torture and torture to death of the 25 detainees who died that way. Let them each enjoy being on death row for a while.

    Put down a line so bright that not even malignant narcissists like Donald Trump will risk it, ever again.

  • Several scientists have documented a split between democrats (thinking) and republicans (feeling). We get upset because our rational arguments get rejected. They get upset because our way of doing things feels wrong.

    No one will ever win a republican primary because they are the more rational of the two candidates. No one will win a democratic primary by being a panderer like Donald Trump.

    The good news is we made them feel like pussies. Hurts their masculinity. Doesn’t feel right at all. Just not right at all.

  • Complaint under 28 U.S.C. § 1361, 42 U.S.C. § 1981, and 42 U.S.C. § 1983

  • Maybe Bob, they are going to be prosecuted. Soon.

  • “Fashad Mohamed is an Iraqi who died in custody on April 5, 2004.He is alleged to have been captured, and beaten by SEAL team 7, the same SEAL team accused of beating another Iraqi who later died shortly thereafter. He was hooded, sleep deprived, and soaked with water. According to the published reports he was finally allowed to sleep he didn’t wake up.” http://en.wikipedia.org/wiki/Fashad_Mohamed “The autopsy findings in this 27-year-old man seem insufficient to explain his death. The fact that they seem to have found pulmonary edema, water in the lungs, is very unusual in a man of this age without heart disease. The available information is insufficient to explain his death. A full investigation report that describes the circumstances preceding his death and the manner in which the body was found shortly before any attempt at resuscitation is needed to explain the cause of death and to rule out a homicide which seems more likely than not in a 27-year-old man who suddenly died in captivity. – Dr. Steven Miles, Professor and Bioethicist, University of Minnesota Medical School on autopsy of Fashad Mohamed, died in U.S. custody, April 5, 2004”
    http://www.humanrightsfirst.info/pdf/06221-etn-hrf-dic-rep-web.pdf @ pg 21.

    They have come out of their caves because public opinion is their final shield against prosecution.

  • Sorry, MadDog my friend. No one has found them guilty of anything just yet.

    The problem is, the scent of blood is in the water.
    http://www.mcclatchydc.com/2008/06/17/41388/if-the-detainee-dies-youre-doing.html
    “If the detainee dies, you are doing it wrong.”

    Capital crimes. Capital punishment. Coming soon, to a torture apologist near you.

  • NMvoiceofreason commented on the blog post Obama’s DOJ Advocated Lying to Judges in June 2009

    2011-05-05 08:18:22View | Delete

    No one. The courts have no troops, no JSOC.

    All we have left is their clear, unambiguous moral authority.

    From a court, which when lied to BY POLICY, does nothing. No sanctions, whatsoever.

    Not likely to be protecting your rights or anyone elses anytime soon.

  • NMvoiceofreason commented on the blog post Obama’s DOJ Advocated Lying to Judges in June 2009

    2011-05-05 08:16:12View | Delete

    Unfortunately, it is worse than that. The official DOJ position is that they are entitled to lie to the court whenever state secrets are at issue in a case. Think about that. Al-Haramain, Jeppessen, Padilla – every case that touches state secrets the DOJ has lied to the courts BY POLICY.

  • NMvoiceofreason wrote a new diary post: Months later, still no answer

    2011-05-03 10:59:46View | Delete

    I sent the following letter to President Obama and AG Holder on January 2, 2011: President Barack Obama The White House 1600 Pennsylvania Avenue NW Washington, DC 20500 Attorney General Eric H. Holder, Jr. U.S. Department of Justice 950 Pennsylvania Avenue, NW Washington, DC 20530-0001 askdoj@usdoj.gov 10 Day Demand Letter Please comply with the law [...]

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