Showing posts with label Law. Show all posts
Showing posts with label Law. Show all posts

Sunday, September 15, 2019

An Important Redux re: The Don


At the beginning of Spring this year, I posted the essay below.  It's being posted again because:  it still applies; and recently, Trump has started (just barely) to pretend he is some sort of reasonable Moderate... rather than the unstable nutcake that he really is.


Points For and Against the Current Oval Office Occupier


For---
1.  He kept us out of the Trans-Pacific Partnership (TPP).  I've covered the disastrous downside of that Trade Pact elsewhere on this venue, so won't go into it again in this piece.  Talks related to joining the TPP were started under Dubya Bush, and accelerated under Obama.  Trump killed it his first day in office.

If interested in why the TPP is the worst Trade Treaty in history, use this blog's Search function to locate my assessment of it.  Or even better, Google/Bing/etc. :  Lori Wallach and the TPP.

2.  There is no number 2.  I was tempted to list his meetings with North Korea, but decided against it because he's the one who provoked that country with virtually insane threats of nuclear annihilation.  The person really responsible for averting (for now, at least) catastrophe is the President of South Korea, Moon Jae-in.

Against---
1.  He's a serial liar; he, himself, has proven that over, and over, and over.  In terms of frequency of lying, Trump beats out both Dubya Bush and Obama... which I didn't think was possible by anyone.

2.  He's mentally unstable, and thus emotionally unfit to be in any political office, much less the Presidency.  He, himself, has proven that over, and over, and over.  Now admittedly, I've had only a couple university pysch courses; however, you don't have to be a master carpenter to recognize a shack.  ðŸ˜Š  Plus, there's a long list of psychologists and psychiatrists who have stated that he needs to be professionally examined.

3.  Based on his words and actions, he doesn't have a broad understanding of anything that a President should know.  His understanding of key issues, world affairs, diplomacy, statesmanship, war, the economy, the environment, fiscal and monetary matters, cultural matters, science, genuine capitalism, the Law, health matters, etc. is so limited as to be nothing short of comical.

4.  He promotes divisiveness in our country and in the world.  Plus, such promotion is not inadvertent.  He does it on purpose.

5.  While in office (never mind previous to that), he has violated Laws of the Land.  Here's only one example---
https://individualsovereignty.blogspot.com/2017/07/trumps-violation-of-nepa-sepa-laws-rules.html
Read it carefully.  The acronyms and other abbreviations used are not as confusing as they first appear.

6.  He doesn't have even a rudimentary understanding of the United States Constitution.  Many times, he has violated his Oath of Office by failing to "preserve, protect, and defend" the Constitution.  For example, he (like many other Presidents) has violated the War Clause of Article I, Section 8.  Another example--- the Executive Branch (of which he's in charge) violates the Fourth Amendment on an almost daily basis.  Another example--- it's crystal clear that Trump is violating the Emoluments portion of Article I, Section 9 (the Nobility Clause).

7.  As President, his conflicts of interest truly are beyond the pale.

8.  Similar to numbers 1 & 2 above, Trump is the King of Public Gaslighters.  Nothing he says can be trusted.

9.  He cares not at all for the common people of this country.  He's merely manipulating & using some of us in order to further enrich himself.  This is so obvious that it's painful.  Some of his supporters finally have realized it.

10.  He is both an embarrassment and a danger to this country.  I've detailed all that in previous posts, so enough said.

Not only my opinion.  Be Well
p.s.  For any new readers, I'm not a Republican or a Democrat.  Ironically, neither is The Don.

Thursday, June 29, 2017

A Review of Some of the Craziness in the Authoritarian, Nonconstitutional USA


The craziness referred to in the title above covers a very broad range.  The text below displays only a few examples of some of it.  I'm calling the USA Gov't "nonconstitutional" (as opposed to unconstitutional) because for many years our leaders have ignored large parts of the Constitution.  It's as though the document doesn't even exist.  Here's some of the craziness, as follows.

1.  Our politicians appear to believe that this also is in the Fourth Amendment:  "...none of the provisions of this Amendment apply if there's a national crisis or any threat to national security...or if Congress passes any Law that contradicts any part of this Amendment...".  Of course, none of that is in the Fourth Amendment, but that fact seems to matter not at all.  Certain parts of the PATRIOT Act and a few other Laws are in direct conflict with the Fourth Amendment.  Crazy.

2.  Once a week (or so), the President meets with others in the Executive Branch to decide which people in other countries are to be murdered with Hellfire missiles from weaponized drones.  Anyone so killed is automatically designated as an EKIA---enemy killed in action.  It doesn't matter if the person is Joe Suspect's grandmother ("collateral" damage) or Joe's ten-year-old son (more "collateral" damage).  They are all EKIA as far as our Gov't is concerned.  This all happens despite the fact that the Executive Branch has no Constitutional authority whatsoever to issue assassination orders.  That authority belongs only to Congress.  The only exception to that is during a war officially declared by Congress.  [We haven't had one of those since WW II.]  Crazy.

3.  According to a portion of the National Defense Authorization Act, our rights to "due process" and "innocent until proven guilty in a Court of Law" are negated if we are suspected of any kind of "terrorism".  [You would be surprised how little it takes to be a suspect in such a case.]  Crazy.

4.  Too many of our militarized Law Enforcement people now do not treat suspects properly.  Instead of innocent until proven guilty, suspects are demeaned, lied to, denied access to rest rooms, or much worse--- sexually abused, shot in the back, beaten or TASED after being handcuffed, or flat-out killed.  No, that isn't rampant in our society, but it's happening way too often.  Here's what's much more common:  nonviolent protesters are pepper-sprayed in the face with no warning, no "order to disperse"...or sometimes their eyelids are held open by one or two officers while another one sprays directly into their eyes... all of this while peacefully exercising their Right to Assembly.  Crazy.

5.  While it isn't yet widespread, small drones have been used by Law Enforcement in lieu of a proper Search Warrant...another violation of our rights supposedly protected by the Fourth Amendment.  Crazy.

6.  Our Executive Branch now bombs other countries, puts combat troops into action in other countries, and in Syria shoots down one of their aircraft...all with no approval of Congress, no involvement of Congress at all, and certainly no declaration of war.  Crazy.

7.  As reported on Democracy Now, since March of this year, U.S.-led airstrikes in Iraq have killed about 700 civilians.  All this in a completely unconstitutional war.  Crazy.

8.  Our Military gurus want to send another 5,000 or so ground troops to Afghanistan...to a war with no end in sight...in a land deservedly known as the Graveyard of Empires.  Trump essentially said to Mattis:  go for it.  All ISIS (or the Taliban) has to do is fade back into the woodwork until we leave.  Trump wants to fulfill a campaign promise that's impossible:  "We will exterminate ISIS.".  The Russians couldn't do something similar with 500,000 troops there.  Crazy.
...............................................................
To any of you reading this who believe you are genuine "Conservatives" (not NeoCons), where is your outrage?  Our country is being destroyed by Militarists, Authoritarians, Corporatists, and Empire thugs...and you appear to be supporting the whole shebang.  Please stop drinking the Edward Bernays style Propaganda Kool Aid.  What will it take for you to wake up?  To those of you who believe you are genuine "Progressives", what are you doing in the Democratic Party?  Ever since 1992, that Party is firmly in the Land of Corporatism.  Please wake up.  We need organized, opposing political forces in this country so a Middle Way can be determined...instead of the Corporatist Dem v. Repub sham that we have now.

Not only my opinion.  Be Well

Friday, May 29, 2015

The Last Bastion


The last bastion against an errant government (not counting armed revolt) is jury nullification. Very early in our country's history, the role of jury nullification as a defense against oppression by the State was unquestioned. It remained so until the 1850s, a time during which many juries began not convicting in prosecutions under the Fugitive Slave Act. Judges, seeing a mighty demonstration of the power of juries, began to change the rules of the Court. The primary and most devastating change was that juries would no longer be permitted (by judges) to judge the law; they would be confined to judging only the facts of the case.

The new rules were (and still are) a blatant infringement on the rights of juries. That's not just my view...

"The jury has a right to judge both the law and the facts in controversy."
~ John Jay, First
Chief Justice, U.S. Supreme Court, 1789
"The jury has the right to determine both the law and the facts."
~ Samuel Chase, U.S. Supreme Court Justice, 1796
"The law itself is on trial quite as much as the cause which is to be decided."
~ Harlan F. Stone, 12th Chief Justice, U.S. Supreme Court, 1941

Juries routinely are told by judges that jury members cannot judge the law, only the facts of the case. Not true. Numerous case decisions have upheld the right of any juror to nullify a "bad" law and vote to acquit. Example: "The jury has an unreviewable and unreversible power...to acquit in disregard of the instructions on the law given by the trial judge."
U.S. v. Dougherty, 473 F 2nd 1113, 1139 (1972). Example: "...it is presumed that juries are the best judges of facts; it is, on the other hand, presumed that courts are the best judges of law. But still both objects are within your power of decision. You have a right to take upon yourselves to judge of both, and to determine law as well as the fact in controversy." [Emphasis added.] State of Georgia v. Brailsford, et.al. 3 U.S. 1 Dall. (1794).

So, why do jurors not know these things? The reason is simple: in
Sparf v. United States (1895), the Court decided that courts need not inform jurors of their de facto right of jury nullification even though the jurors' inherent right to judge the law remains unchallenged. All judges are aware of this. Rather than inform juries of all their rights, judges tend to intimidate jurors by telling them that they cannot judge the law.

All of this is crucial to individual sovereignty and freedom because governments practice Legislative Absolutism (a term coined by Justice Harlan in 1901), passing laws without any regard for constitutions (Federal and State). Other than bringing suit in a court of law, the aggrieved citizen has no legal and peaceful recourse except to rely on jury nullification. Bringing suit usually is very expensive and time-consuming. Unfortunately, relying on jury nullification depends upon having a fully informed citizenry, and jurors with courage and integrity...therefore, spread the word! We need fully informed juries.

Not just my opinion.  Be Well

"Don't Believe Him"

The Nazis in the 1930's and 1940's used exactly the same propaganda tactic as is used by Trump:  repeat a lie over & over, and m...