-Caveat Lector-
Begin forwarded message:
From: [EMAIL PROTECTED]
Date: July 9, 2007 11:34:51 AM PDT
To: [EMAIL PROTECTED]
Cc: [EMAIL PROTECTED], [EMAIL PROTECTED], [EMAIL PROTECTED]
Subject: Judges in Bush's "Legal System" Need To Lose Their Asses
Bush's 'Catch-22' stay-out-of-jail card
by P.M. Carpenter | Jul 9 2007 - 9:23am
http://www.smirkingchimp.com/thread/8600
It is recorded that President John Quincy Adams once observed to
Chief Justice John Marshall that "law logic," as he phrased it, is
merely "an artificial system of reasoning, exclusively used in the
courts, but good for nothing anywhere else." In the same era
Charles Dickens had one of his more insightful characters, a
certain Mr. Bumble, also reflect on the logic of the law and its
not infrequently unfathomable assumptions: "If the law supposes
that, the law is a ass -- a idiot."
The initial decision in the case of ACLU v. NSA may not have been
affirmed last week, but the wisdom of John Q. and Mr. Bumble was.
In the matter of Mr. Bush's stupendously illegal wiretapping
program, "The majority in a three-judge panel of the United States
Court of Appeals for the Sixth Circuit, in Cincinnati, ruled on a
narrow ground, saying the plaintiffs, including lawyers and
journalists, could not [prove] injury direct and concrete enough to
allow them to have standing to sue."
And it may be an insurmountable hurdle for the plaintiffs ever to
show direct and concrete injury to allow them to have standing to
sue, because, as one the concurring appellate judges blithely put
it, "the plaintiffs are ultimately prevented from establishing
standing because of the state secrets privilege." That little legal
gem "requires courts to limit or dismiss cases when allowing them
to proceed would disclose information harmful to national security."
Hence if some pea brain of an autocratic president patently
violates his constitutional oath by trampling on your
constitutional rights, and you in fact can prove it, you in fact
can't prove it, because you can't "provide evidence that [you] are
personally subject" to the patently unconstitutional violation,
because the guilty party is permitted to claim that proving your
innocence would be harmful to national security, which he happens
to be dismantling by trampling on your First and Fourth Amendment
rights, which is absurdly illegal, which you can prove, which is
why you sued in the first place, but crimes committed against YOU
by the president are protected under the umbrella provided by
"higher" crimes committed by the president against EVERYONE, i.e.,
the nation. Got it?
Naturally the White House was delighted by the ruling. Its deputy
press secretary, Tony Fratto, issued a statement: "We have always
believed that the district court’s decision declaring the Terrorist
Surveillance Program unconstitutional was wrongly decided. The
court of appeals properly determined that the plaintiffs had failed
to show their claims were entitled to review in federal court."
This is the same deputy press secretary who, earlier this week,
dismissed yet another Republican senator's misgivings about the
Iraq war by saying, "We would counsel a little bit of patience."
Patience? What kind of swinishly bad joke is that?
And now Mr. Fratto beams over his boss' criminality getting tossed.
Allow me to counsel you a little bit, Mr. Deputy Press Secretary.
And allow me to do it in language to which this site is
unaccustomed, yet is employed by no less than that inestimable
personage of our vice president in the course of his Senate-floor
statecraft -- and I quote: "Go f*** yourself."
Sometimes "direct and concrete" advice is the best.
See what's free at AOL.com.
www.ctrl.org
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