imc indymedia

Los Angeles Indymedia : Activist News

white themeblack themered themetheme help
About Us Contact Us Calendar Publish RSS
Features
latest news
best of news
syndication
commentary


KILLRADIO

VozMob

ABCF LA

A-Infos Radio

Indymedia On Air

Dope-X-Resistance-LA List

LAAMN List




IMC Network:

Original Cities

www.indymedia.org africa: ambazonia canarias estrecho / madiaq kenya nigeria south africa canada: hamilton london, ontario maritimes montreal ontario ottawa quebec thunder bay vancouver victoria windsor winnipeg east asia: burma jakarta japan korea manila qc europe: abruzzo alacant andorra antwerpen armenia athens austria barcelona belarus belgium belgrade bristol brussels bulgaria calabria croatia cyprus emilia-romagna estrecho / madiaq euskal herria galiza germany grenoble hungary ireland istanbul italy la plana liege liguria lille linksunten lombardia london madrid malta marseille nantes napoli netherlands nice northern england norway oost-vlaanderen paris/Île-de-france patras piemonte poland portugal roma romania russia saint-petersburg scotland sverige switzerland thessaloniki torun toscana toulouse ukraine united kingdom valencia latin america: argentina bolivia chiapas chile chile sur cmi brasil colombia ecuador mexico peru puerto rico qollasuyu rosario santiago tijuana uruguay valparaiso venezuela venezuela oceania: adelaide aotearoa brisbane burma darwin jakarta manila melbourne perth qc sydney south asia: india mumbai united states: arizona arkansas asheville atlanta austin baltimore big muddy binghamton boston buffalo charlottesville chicago cleveland colorado columbus dc hawaii houston hudson mohawk kansas city la madison maine miami michigan milwaukee minneapolis/st. paul new hampshire new jersey new mexico new orleans north carolina north texas nyc oklahoma philadelphia pittsburgh portland richmond rochester rogue valley saint louis san diego san francisco san francisco bay area santa barbara santa cruz, ca sarasota seattle tampa bay tennessee urbana-champaign vermont western mass worcester west asia: armenia beirut israel palestine process: fbi/legal updates mailing lists process & imc docs tech volunteer projects: print radio satellite tv video regions: oceania united states topics: biotech

Surviving Cities

www.indymedia.org africa: canada: quebec east asia: japan europe: athens barcelona belgium bristol brussels cyprus germany grenoble ireland istanbul lille linksunten nantes netherlands norway portugal united kingdom latin america: argentina cmi brasil rosario oceania: aotearoa united states: austin big muddy binghamton boston chicago columbus la michigan nyc portland rochester saint louis san diego san francisco bay area santa cruz, ca tennessee urbana-champaign worcester west asia: palestine process: fbi/legal updates process & imc docs projects: radio satellite tv
printable version - js reader version - view hidden posts - tags and related articles

Supreme Court Approves Police State Harshness

by Stephen Lendman Wednesday, Jun. 13, 2012 at 9:30 PM
lendmanstephen@sbcglobal.net

tyranny

Supreme Court Approves Police State Harshness

by Stephen Lendman

On June 12, 2008, the Supreme Court ruled 5 - 4 in Boumediene v. Bush. It affirmed habeas rights for Guantanamo detainees. It let them petition for release from lawlessly imposed custody.

Justice Anthony Kennedy wrote the majority opinion. He said America maintains complete jurisdiction over Guantanamo regardless of its offshore location. He opposed political branches "govern(ing) without legal restraint."

He expressed concerns about usurping "power to switch the Constitution on or off at will." Doing so "lead(s) to a regime in which they, not this Court, say 'what the law is.' "

"Even when the United States acts outside its borders, its powers are not 'absolute and unlimited' but are subject 'to such restrictions as are expressed in the Constitution."

He called habeas "an indispensable mechanism for monitoring the separation of powers."

"The test for determining (its) scope must not be subject to manipulation by those whose power it is designed to restrain."

This bedrock right has no adequate substitute.

In Brown v. Vasquez (August 1991), the Ninth Circuit US Court of Appeals "recognized the fact that (the) writ of habeas corpus is the fundamental instrument for safeguarding individual freedom against arbitrary and lawless state action...."

"Therefore, the writ must be administered with the initiative and flexibility essential to insure that miscarriages of justice within its reach are surfaced and corrected."

Habeas rights are fundamental. They date from the 1215 Magna Carta (the Great Charter). They're universal. Boumediene v. Bush affirmed them. On Monday, the Roberts court reversed its earlier ruling.

On June 11, the Supreme Court denied certiorati for seven Guantanamo detainees. Doing so violated the Constitution's Article 1, Section 9, Clause 2. It states:

"The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public safety may require it.”

Section 7(a) of the 2006 Military Commissions Act denied Guantanamo detainees their fundamental habeas rights. Boumediene ruled otherwise.

So did Rasul v. Bush (June 2004). The Supreme Court held that Guantanamo detainees may challenge their detention in civil court. In response, Congress enacted the 2005 Detainee Treatment Act. It subverted the ruling.

In June 2006, the Court reacted. In Hamdan v. Rumsfeld, it held that federal courts retain jurisdiction over habeas cases. Military commissions lack "the power to proceed because (their) structures and procedures violate both the Uniform Code of Military Justice and the four Geneva Conventions."

In response, Congress passed the 2006 Military Commissions Act (MCA). It granted extraordinary unconstitutional powers. Guantanamo detainees lost all rights. It let presidents declare anyone (including US citizens) "unlawful enemy combatant(s)."

The 2009 Military Commissions Act called them "unprivileged enemy belligerent(s)." Language changed, not intent or lawlessness.

MCA grants sweeping police state powers. It states that "no court, justice, or judge shall have jurisdiction to hear or consider any claim or cause for action whatsoever....relating to the prosecution, trial, or judgment of a military commission (including) challenges to (their) lawfulness...."

"Any person is punishable... who....aids, abets, counsels, commands....procures" or helps a foreign enemy, provide "material support" to alleged terrorist groups, engages in spying, or commits other offenses previously handled in civil courts.

No evidence is needed. Those charged are guilty by accusation. Judicial fairness is denied.

On June 11, The New York Times headlined "Justices Reject Detainees' Appeal, Leaving Cloud Over Earlier Guantanamo Ruling," saying:

It "refused to hear appeals from seven men held at Guantanamo....passing up an opportunity to clarify its (2008) decision...."

Human rights groups expressed alarm. More on that below.

The Fourth Circuit of Appeals decision remained binding. It said:

"Special factors do counsel judicial hesitation in implying causes of action for enemy combatants held in military detention."

"First, the Constitution delegates authority over military affairs to Congress and to the president as commander in chief. It contemplates no comparable role for the judiciary."

"Second, judicial review of military decisions would stray from the traditional subjects of judicial competence."

"Litigation of the sort proposed thus risks impingement on explicit constitutional assignments of responsibility to the coordinate branches of our government."

The arguments were spurious. Inviolable constitutional and international laws were dismissed. Nonetheless, the ruling stands.

The Supreme Court also rejected Jose Padilla's petition. Unjustly charged as an "enemy combatant," he was lawlessly held for nearly four years in military and civilian confinement.

He was denied due process, isolated, tortured, and dehumanized. He was emotionally destroyed. In court, he was a shadow of his former self. In January 2008, he was sentenced to 17 years, four months in federal prison. He currently endures "supermax" harshness.

ACLU lawyer Ben Wizner represents him. He said the Supreme Court's decision gives Washington a blank check "to commit any abuse in the name of national security, even the brutal torture of an American citizen in an American prison."

Padilla suffered extreme physical and psychological abuse. He sued for damages. He cited statute law and former court decisions. He held top US officials responsible.

He spent two years in solitary confinement at the Consolidated Naval Brig, Charleston, SC. He was denied legal and family contacts. His only human interaction was with interrogators. Food was delivered through a cell door slot.

Blackened windows blocked natural light. He was alternately subjected to prolonged periods of constant artificial light or total darkness. He was denied his legal right to pray five times daily. His Koran was confiscated.

Periods outside his cell included sensory deprivation. It included blackout goggles and sound-blocking earphones. He was denied reading materials, radio and television.

He had no mattress, blankets, sheets or pillows. His bed was a steel slab. His sleep was disturbed by banging, glaring artificial light, noxious odors, and extreme temperature variations.

He was subjected to truth serums, painful shackling for hours, excruciating stress positions, intimidation, and death threats. It was too much for anyone to bear. His mind was turned to mush.

Donald Rumsfeld and other high US officials ordered his brutal treatment. Others lawlessly held also received it. They include everyone at Guantanamo and other US torture prisons.

On February 9, 2007, Padilla's attorneys petitioned for "monetary, injunctive, and declaratory relief for (his) unlawful designation, seizure, and abuse."

In February 2011, a federal district court dismissed his petition. So did the Fourth Circuit in January 2012. The ACLU called it a sad day for the rule of law.

Because Padilla was declared an "enemy combatant," rulings said he fell outside the jurisdiction of civil courts.

They mocked judicial fairness. The High Court affirmed it. They spurned fundamental constitutional and international law rights. They approved torture and other harsh police state measures. They left everyone vulnerable to abusive treatment.

ACLU National Security Project director Hina Shamsi responded, saying:

"Four years ago, the Supreme Court held that the Constitution guarantees Guantánamo detainees the right to test the legality of their detention in federal court."

"The court’s decision in Boumediene v. Bush was a historic ruling, but unfortunately it has been severely undermined by a series of decisions from the federal appeals court in Washington."

"The Supreme Court’s refusal to hear even a single habeas appeal by a Guantánamo detainee in the past four years despite those decisions is inexplicable. Today’s announcement continues that trend and is profoundly disappointing."

Center for Constitutional Rights (CCR) Executive Director Vincent Warren expressed alarm, saying:

CCR "is extremely disappointed in the Supreme Court’s denial of certiorari in the latest set of habeas cases brought by Guantánamo detainees."

"By refusing to hear these cases, and any Guantánamo cases since its 2008 Boumediene decision, the Court abandons the promise of its own ruling guaranteeing detainees a constitutional right to meaningful review of the legality of their detention."

"Today’s decision leaves the fate of detainees in the hands of a hostile D.C. Circuit Court of Appeals, which has erected innumerable, unjustified legal obstacles that have made it practically impossible for a detainee to win a habeas case in the trial courts."

"The D.C. Circuit, the country’s most conservative court of appeals, has reversed every detainee victory appealed to it by the government, and as consequence, district courts in D.C. have ruled in favor of detainees in only one of the last 12 cases before them."

Warren also explained the importance of responsible checks and balances. With few exceptions, they've been sorely lacking.

June 11 was a dark day. Many others preceded it. Rule of law protections don't matter.

Congress spurned them by enacting tyranny. By signing unconstitutional laws, George Bush approved them. So did Obama.

The Roberts Court followed suit. June 11 will live in infamy. Freedom took another heavy body blow. Expect a final coup de grace to end it altogether. It may come when least expected.

Stephen Lendman lives in Chicago and can be reached at lendmanstephen@sbcglobal.net.

His new book is titled "How Wall Street Fleeces America: Privatized Banking, Government Collusion and Class War"

http://www.claritypress.com/Lendman.html

Visit his blog site at sjlendman.blogspot.com and listen to cutting-edge discussions with distinguished guests on the Progressive Radio News Hour on the Progressive Radio Network Thursdays at 10AM US Central time and Saturdays and Sundays at noon. All programs are archived for easy listening.

http://www.progressiveradionetwork.com/the-progressive-news-hour

Report this post as:

Local News

GUIDE TO REBEL CITY LOS ANGELES AVAILABLE A12 5:39PM

lausd whistle blower A10 11:58PM

Website Upgrade A10 3:02AM

Help KCET and UCLA identify 60s-70s Chicano images A04 1:02PM

UCLA Luskin: Casting Youth Justice in a Different Light A02 11:58AM

Change Links April 2018 A01 11:27AM

Nuclear Shutdown News March 2018 M31 6:57PM

Join The Protest Rally in Glendale on April 10, 2018! M29 7:00PM

Join The Protest Rally in Glendale on April 10, 2018! M29 6:38PM

Spring 2018 National Immigrant Solidarity Network News Alert! M19 2:02PM

Anti-Eviction Mapping Project Shows Shocking Eviction Trends in L.A. M16 5:40PM

Steve Mnuchin video at UCLA released M15 12:34AM

Actress and Philanthropist Tanna Frederick Hosts Project Save Our Surf Beach Clean Ups M06 12:10PM

After Being Told He's 'Full of Sh*t' at School Event, Mnuchin Demands UCLA Suppress Video M02 11:44AM

Resolution of the Rent Strike in Boyle Heights M01 6:28PM

What Big Brother Knows About You and What You Can Do About It M01 3:30PM

Step Up As LAPD Chief Charlie Beck Steps Down F14 2:44PM

Our House Grief Support Center Hosts 9th Annual Run For Hope, April 29 F13 12:51PM

Don’t let this LA County Probation Department overhaul proposal sit on the shelf F13 11:04AM

Echo Park Residents Sue LA Over Controversial Development F12 8:51AM

Former Signal Hill police officer pleads guilty in road-rage incident in Irvine F09 10:25PM

Calif. Police Accused of 'Collusion' With Neo-Nazis After Release of Court Documents F09 7:14PM

Center for the Study of Political Graphics exhibit on Police Abuse posters F07 9:50AM

City Agrees to Settle Lawsuit Claiming Pasadena Police Officer Had His Sister Falsely Arre F04 3:17PM

Professor's Study Highlights Health Risks of Urban Oil Drilling F04 12:42PM

Claims paid involving Pasadena Police Department 2014 to present F04 10:52AM

Pasadenans - get your license plate reader records from police F03 11:11PM

LA Times Homicide Report F03 1:57PM

More Local News...

Other/Breaking News

Doxa du lobby A25 2:03AM

Tech workers organize A24 6:24PM

Architect Stephen Francis Jones A24 3:01PM

UN Forum Wrestles with Economic Policies 10 Years After Financial Crisis Islands Call for A24 12:34PM

Xyloglossie attitudinale A23 8:07AM

Shadowgun Legends Hack and Cheats A23 7:24AM

What does the Quran Say About Islamic Dress?? A21 4:15PM

Biodiversité ou la nature privatisée A20 11:22AM

The Market is a Universal Totalitarian Religion A20 7:14AM

Book Available about Hispanics and US Civil War by National Park Service A19 5:52PM

The Shortwave Report 04/20/18 Listen Globally! A19 4:01PM

The Republican 'Prolife' Party Is the Party of War, Execution, and Bear Cub Murder A19 11:48AM

Neurogenèse involutive A18 9:21AM

Paraphysique de la dictature étatique A16 10:13AM

Book Review: "The New Bonapartists" A16 3:45AM

The West Must Take the First Steps to Russia A14 12:25PM

Théorie générale de la révolution ou hommage à feu Mikhaïl Bakounine A14 3:30AM

The Shortwave Report 04/13/18 Listen Globally! A12 3:50PM

“Lost in a Dream” Singing Competition Winner to Be Chosen on April 15 for ,000 Prize! A12 3:48PM

The World Dependent on Central Banks A12 4:43AM

Ohio Governor Race: Dennis Kucinich & Richard Cordray Run Against Mike DeWine A11 9:40PM

March 2018 Honduras Coup Again Update A10 10:52PM

Apologie du zadisme insurrectionnel A10 3:33PM

ICE contract with license plate reader company A10 1:14PM

Palimpseste sisyphéen A09 11:23PM

Black Portraiture(S) IV: The Color of Silence...Cuba No...Cambridge Yes A09 5:32AM

Prohibiting Micro-Second Betting on the Exchanges A09 4:18AM

Prosecutors treat Muslims harsher than non-Muslims for the same crimes A08 10:33PM

More Breaking News...
© 2000-2018 Los Angeles Independent Media Center. Unless otherwise stated by the author, all content is free for non-commercial reuse, reprint, and rebroadcast, on the net and elsewhere. Opinions are those of the contributors and are not necessarily endorsed by the Los Angeles Independent Media Center. Running sf-active v0.9.4 Disclaimer | Privacy