WHAT EVER HAPPENED TO THE ..."RULE OF LAW"....?
Political pundits and politicians give voice to their legal opinions, daily, and yet, since 2001 and 9/11, legal discourse does not make sense. The US Constitution has been shredded by those who vow to uphold it, yet distort and nullify this founding document. Recently, I read an article by a leading law expert stating that Obama had possibly broken both US and international law by killing Americans in Yemen. The attorney was not defending the law, but giving advice on how this administration could get around the actual laws by bringing the US Congress into the equation. He stated that Congress should adamantly defend the type of actions taken by the President and create new law to show the world congressional intention. He stated that it would be more difficult for an international tribunal to indict Obama if US law supports him. On New Year's Eve, Obama signed the new amendments to the National Defense Authorization Act which give the Executive, as commander-in-chief, the power to hold detainees, indefinitely and to capture so-called enemies throughout the world; a gift from our representatives.
When Barack Obama was campaigning for president, he admonished George Bush for holding prisoners at Guantanamo Bay and for indefinite detention. Three years after he promised to close Guantanamo, he continues to hold men as prisoners who have not been charged or convicted of any crime because the evidence is not there to convict. Each of these acts goes against everything that Americans have been given as protections under the constitution and the rule of law extends to all people within our jurisdiction and under property controlled by America. Whenever anyone, citizen, or foreign agent challenges the Obama administration concerning illegal actions in the continuation of the War Against Terror, the US Justice Department responds with the "state secrets" defense, dismissing the complaint at the pleadings stage. As citizens, we no longer have the right to challenge illegal wiretaps, or the invasion of privacy at any level, both violations of our due process rights under the 4th, and 5th Amendments. The leading question : "Should the government's national security interests override rights given by the US Constitution?" And, when does the government right end? Are we nullifying the constitution by allowing the supremacy of national security claims? Does this set a dangerous precedent?
Last night, I read an article about the three Guantanamo prisoners who died under dubious circumstances, while the military claims that they committed suicide. Google the Harper's article. The parents of the men brought suit against the military and the court denied the claims. Evidence of torture and the words of military witnesses did not impress the judge. Once again, claimants have no recourse for acts that may extend as far as murder. Is this America? The US Constitution is being amended through judicial decisions and congressional action without the approval of the people. The result can be no less.
The world looks at America to set an example. It expects us to uphold our own constitutional principles and yet the last two administrations seem to laugh in the face of the Statue of Liberty. When attorneys from the US Justice Department have debated the law since 9/11, they make no pretense that the law comports with or follows the US Constitution, and in fact, enclose warnings in brief that state that indictments for war crimes are possible under US and international law. See all John Yoo memo's. Only to the courts and the public do they pretend that the law follows the rule. America has reached a stage of tyranny.
