Shocked and Unnerved Michael J. Panzner , Michael J. Panzner Published 12/21/2009 - 8:33 a.m. EST
ABOUT THE AUTHOR Michael J. Panzner Website: http://www.financialarm... Email: financialarmaged...@gmail.com... Everywhere and anywhere, those seen as rejecting even a small measure of an America-centric perspective will be labeled undesirables, subversives, and even “enemy combatants,” whether or not evidence supports the assertion. --Chapter 11, "Social," Financial Armageddon Although I predicted as much in my 2007 book, even I am shocked and unnerved at how quickly the U.S. is abandoning principles that once defined our nation as "the land of the free and the home of the brave." In "Supreme Court Guts Due Process Protection," Naked Capitalism highlights a recent development that should frighten the wits out of any American who is still capable of thinking: Reader Walter passed along this distressing sighting from Chris Floyd’s blog. American civil liberties were gutted last week, and the media failed to take note of it. The development? If the president or one of his subordinates declares someone to be an “enemy combatant” (the 21st century version of “enemy of the state”) he is denied any protection of the law. So any trouble-maker (which means anyone) can be whisked away, incarcerated, tortured, “disappeared,” you name it. Floyd’s commentary: After hearing passionate arguments from the Obama Administration, the Supreme Court acquiesced to the president’s fervent request and, in a one-line ruling, let stand a lower court decision that declared torture an ordinary, expected consequence of military detention, while introducing a shocking new precedent for all future courts to follow: anyone who is arbitrarily declared a “suspected enemy combatant” by the president or his designated minions is no longer a “person.” They will simply cease to exist as a legal entity. They will have no inherent rights, no human rights, no legal standing whatsoever — save whatever modicum of process the government arbitrarily deigns to grant them from time to time, with its ever-shifting tribunals and show trials. It is hard to overstate the significance of this horrid decision. The fact that the Supreme Court authorized this land grab says we no longer have an independent judiciary, that the Supreme Court itself is gutting the protections supposedly provided by the legal system. Per Floyd: In fact, our most august defenders of the Constitution did not have to exert themselves in the slightest to eviscerate not merely 220 years of Constitutional jurisprudence but also centuries of agonizing effort to lift civilization a few inches out of the blood-soaked mire that is our common human legacy. They just had to write a single sentence. Now Floyd saw this mainly as an issue of the treatment of enemy combatants and Obama hypocrisy about torture, which is bad enough: The Constitution is clear: no person can be held without due process; no person can be subjected to cruel and unusual punishment. And the U.S. law on torture of any kind is crystal clear: it is forbidden, categorically, even in time of “national emergency.” And the instigation of torture is, under U.S. law, a capital crime. No person can be tortured, at any time, for any reason, and there are no immunities whatsoever for torture offered anywhere in the law. And yet this is what Barack Obama — who, we are told incessantly, is a super-brilliant Constitutional lawyer — has been arguing in case after case since becoming president: Torturers are immune from prosecution; those who ordered torture are immune from prosecution….let’s be absolutely clear: Barack Obama has taken the freely chosen, public, formal stand — in court — that there is nothing wrong with any of these activities. Yves here. The implications are FAR worse. Anyone can be stripped, with NO RECOURSE, of all their legal rights on a Presidential say so. Readers in the US no longer have any security under the law. Roman citizens enjoyed a right to a trial, a right of appeal, and could not be tortured, whipped, or executed except if found guilty of treason, and anyone charged with treason could demand a trial in Rome. We have regressed more than 2000 years with this appalling ruling. -------------------------------------------------------------------------------------------- "Once a government is committed to the principle of silencing the voice of opposition, it has only one way to go, and that is down the path of increasingly repressive measures, until it becomes a source of terror to all its citizens and creates a country where everyone lives in fear." - Harry S. Truman "Today, we need a nation of Minutemen, citizens who are not only prepared to take arms, but citizens who regard the preservation of freedom as the basic purpose of their daily life and who are willing to consciously work and sacrifice for that freedom." - John F. Kennedy "Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passion, they cannot alter the state of facts and evidence." - John Adams "Extremism in defense of liberty is no vice, moderation in the pursuit of justice is no virtue." - Barry Goldwater -------------------------------------------------------------------------------------------- CONFIDENTIALITY NOTICE: This email and any attachments are confidential and may be protected by legal privilege. The information contained herein is for the sole use of the intended recipient and any disclosure, copying, distribution, or reliance on this message or any attachment by unintended recipients is strictly prohibited. If you have received this message in error, please notify us immediately by replying to this email and deleting it from your computer. -- This is a Free Speech forum. The owner of this list assumes no responsibility for the intellectual or emotional maturity of its members. 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