Showing posts with label law and the legal system. Show all posts
Showing posts with label law and the legal system. Show all posts

Sunday, May 23, 2021

What We Learned About the Law from Donald Trump

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A friend who broke her wrist slugging her soon to be ex husband when he confessed to sleeping with another woman for most of their marriage now faces possibly having to change careers if the hospital wont let her take care of patients with this kind of charge/conviction.

This seems dreadfully unfair but I told her what I think we learned from Trump.  It doesnt matter what is true or what is right you fight the conviction and lie your head off (in a way that doesnt get you a perjury charge) and never admit you were wrong.

If donald can fuck and kill a million people then she should be able to hit her good for nothing ex husband without consequence.

The law is a joke, right?
 
 

Monday, August 24, 2020

This is the Fate of All Traitors

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Whoever, owing allegiance to the United States, levies war against them or adheres to their enemies, giving them aid and comfort within the United States or elsewhere, is guilty of treason and shall suffer death.

Wednesday, January 29, 2020

Should We Obey the Law in Trump's America

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A friend who is charming and completely reckless (but doesnt appear to be on the surface) endangers peoples lives in ways that he understands is a direct violation of law, in order to enable a client of his to run parties in a wildly non-code space. The fire department has come down hard on him but he is ignoring them. The Oakland tragedy of a year or so ago means nothing to him, because he makes a few thousand every time they hold a party.

At first I told him "stop doing this, this is crazy, you know its a mistake" but then I thought, hmmm, what would our president do? Would he violate the law in order to make a few bucks? Isnt that the New American Way? Shoddy, cheap, stupid, dangerous, get the money?

So I told him, he should follow the lead of our Great President who will lead us to Paradise via the imminent Rapture, rebuilding of the Temple and the arrival of the Savior to send sinners to the last judgement and thus to hell. If he makes a few bucks by violating fire code after being cited for his crimes many times, but it helps bring the Savior and punish sinners like those who oppose our Great President, who am I to stand in the way?

Thursday, June 13, 2019

What the Law Says

Any citizen of the United States, wherever he may be, who, without authority of the United States, directly or indirectly commences or carries on any correspondence or intercourse with any foreign government or any officer or agent thereof, with intent to influence the measures or conduct of any foreign government or of any officer or agent thereof, in relation to any disputes or controversies with the United States, or to defeat the measures of the United States, shall be fined under this title or imprisoned not more than three years, or both.

This section shall not abridge the right of a citizen to apply, himself or his agent, to any foreign government or the agents thereof for redress of any injury which he may have sustained from such government or any of its agents or subjects.

(June 25, 1948, ch. 645, 62 Stat. 744; Pub. L. 103–322, title XXXIII, § 330016(1)(K), Sept. 13, 1994, 108 Stat. 2147.)

Friday, January 25, 2019

Rawstory and Wonkette are my Go To News Sites

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I want outrage.  I want the truth.  I want the Trump criminals and their Republican traitors to go to jail for their crimes.  When I want to read someone else who thinks as I do about this hideous abuse of power, I go to rawstory.com and wonkette.com.  They are both reader supported sites.  I hope you will read them and support them!


Friday, November 30, 2018

Let Me Explain Why You Are Going to Jail

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You are not going to jail just because you were part of the criminal organization of Donald Trump, although, admittedly, that should be enough.

You are going to jail because when Donald Trump became president, if he did become president, he did not grow into the job, but instead worked to be the most incompetent, the most dishonest, the most racist, the most idiotic fucking nutcase that we have ever had, in conjunction with nutcases like Ryan, Nunes, Grassley and McConnel.  Racist nutcases.  Assholes like the Koch Brothers and the Mercers.  Obvious criminals like Pruitt.  

You are going to jail because Trump put a rapist on the Supreme Court and a right wing nutty boy as well.

You are going to jail because people hate that fucking son of a bitch so much that they are even willing to enforce the law, something that we normally only do to poor people, not rich people.

That is why you are going to jail.


Saturday, August 31, 2013

The Uses of Snowden: The UN Universal Declaration of Human Rights


When Ed Snowden, our pissy and so self-righteous Defender of the Faith and of All Truth, who Sees the Higher Path and knows What is Right when none of his thousands of colleagues do, who knows what MUST be done to save America when all around him everyone else is Corrupted by Mammon or one of the other Seven Princes of Hell, when this icon of moral and ethical perfection had his passport pulled by the State Department (surprise!!) he complained that the USA was violating a clause of the UN Universal Declaration of Human Rights and inhibiting his right to travel internationally and to seek asylum.

Now that is interesting, I thought to myself. One more time, Snowden may have brought to our attention some topic of merit that is, apparently, separate from the national security ones on which his reputation ultimately depends.

What is the "UN Universal Declaration of Human Rights" anyway, where did it come from, and what does it all mean?

It was written right after WW II and at the very dawn of the United Nations.  The head of the committee that wrote it was none other than Eleanor Roosevelt, former first lady of the United States.  You can read all about it at the link I provide below.   The key to understanding this Declaration is to understand, somehow, that WW II was much worse than you think it was and that people, some people at least, were idealistic about a new beginning when the war ended.  And so, this international committee of idealists and intellectuals put together a short list of things that "would be nice".

Wouldn't it be nice if everyone could be educated?  Yes.  Wouldn't it be nice if there could be freedom of religion?  Sure.   Wouldn't it be nice if people could express their beliefs freely, and travel wherever they wanted, and made a living that allowed them to realize their potential and not be thrown in jail without due cause?  Absolutely!  And so forth, and so on.  

Here is what it says:
Now, Therefore THE GENERAL ASSEMBLY proclaims THIS UNIVERSAL DECLARATION OF HUMAN RIGHTS as a common standard of achievement for all peoples and all nations, to the end that every individual and every organ of society, keeping this Declaration constantly in mind, shall strive by teaching and education to promote respect for these rights and freedoms and by progressive measures, national and international, to secure their universal and effective recognition and observance, both among the peoples of Member States themselves and among the peoples of territories under their jurisdiction.
My goodness, that is nice.  Constantly in mind!  Shall Strive by Teaching!  Progressive Measures!

Forgive me for being a little cynical here but we are talking about 1948 or so: Stalin is wiping out entire minority groups, people are being thrown out of windows in Czechoslovakia, Mao is demonstrating what he meant by "all power comes out of the barrel of a gun", the colonial empires of various western empires are meeting the post-WW 2 anti-colonial movements of S.E. Asia and Africa, and these fluffy liberals are making Universal Declarations of Human Rights.

The United Nations Universal Declaration of Human Rights is about 2.5 typewritten pages long, and is very easy to read. It is at: http://www.un.org/en/documents/udhr/

Now that you have read it, ask yourself how many of these have been violated by this country, the United States of America, in letter or in spirit, at least occasionally?

Just off the top of my head I can make arguments that we are or have been in violation of Articles 1, 2, 3, 5, 7, 8, 9, 11.1, 12, 13.1 and 13.2, 14.1, 15.2, 16.1, 17.2, 21.1, 21.2 and 21.3, 23.1, 23.2, 23.3 and 23.4, 25.1, 26.1, 26.3 and I can make a case for a few of the others as well.

I doubt that there is a country on earth that could live up to these standards if they are interpreted as they are probably meant to be interpreted. So what is this anyway? Is it treaty? Is it law? Is it international law? It is none of these things.  In the words of Eleanor Roosevelt, Chairperson of the UN Commission on Human Rights, when the declaration was being drafted and when it was introduced to the General Assembly to be adopted:
In giving our approval to the declaration today, it is of primary importance that we keep clearly in mind the basic character of the document. It is not a treaty; it is not an international agreement. It is not and does not purport to be a statement of law or of legal obligation. It is a declaration of basic principles of human rights and freedoms, to be stamped with the approval of the General Assembly by formal vote of its members, and to serve as a common standard of achievement for all peoples of all nations.
In fact, the impact of the Declaration and its legal status many years later makes more interesting reading than the declaration itself. Its a complicated tangle but it can be said that the Declaration has in fact had some influence, presumably positive influence, in many situations internationally over the years. Whether this influence has affected peoples' lives or whether it is in words and paper only, I couldn't tell you.

But I can tell you, that no country on this planet would believe that this Declaration prevented them from trying to bring into custody someone they considered a criminal, and that therefore Snowden accusing the US of being in violation of this Declaration is somewhere between naive and comical.

Which is how I think history will judge Snowden overall.

Naive, very naive.

Thursday, August 29, 2013

The Uses of Snowden: Perception of the Death Penalty in the World at Large


This is the second of three essays on how Ed Snowden has been very helpful in bringing matters to our attention outside of the area which he intended, e.g. surveillance.  In this part we discuss the issue of how the death penalty is perceived in the world, something brought up because of Snowden's applications for amnesty in which he mentioned his concerns about being tortured or executed should he return to the United States.

Ah, the death penalty. What could be more American? An eye for an eye! Hang the bastard. String em up. Hang em high! A necktie party. A rough frontier justice. "And may God have mercy on your soul.... you may proceed", said the preacher.

There are regional differences of course. My favorite is Texas' "Justifiable Homicide" laws. In Texas you can get away with murder if you can convince a jury that 'he needed killing'.  

"You remember Jack. He was always drunk. Never did a day's honest work in his life. When he ran over Sam's dog, I had enough and I shot the good-for-nothing sonofabitch until he was dead".

So all is well and good, after all cultural diversity works many ways. Some countries have spicier food, we have the death penalty. Each to his own, I say.


What could be more American than a good hangin'?

But the world is filled with a bunch of damn foreigners. Damn it, its true, I have seen them myself. And many of them look on in horror at our death penalty, seeing it as barbaric, as "cruel and unusual punishment" and drawing far too many conclusions from the trivial and irrelevant detail that it is only the poor people who get executed while the rich go free. Oh yes, and that there *may* be a correlation, some say, between race and wealth and therefore of who gets the axe and who does not. Of course this isn't true! P'shaw I say! Certainly not in Florida!

How do I know that much of the world does not share our appreciation of the death penalty? Well it is due to that savior of modern man, that icon of all that is moral and pretentious in America, everyone's favorite martyr and photographic opportunity, Ed Snowden.

Yes, you see, in order to apply for amnesty in various countries it is useful, perhaps even required, that you articulate the case that if you were returned to the country you were trying to flee from, that you would be subjected to cruel and unusual punishment. For example, you might be tortured or put to death. So Ed made that case and many countries responded well to the argument.

Because, you see, the fact is that this country is now famous for torturing people. Yes, we can thank the illegal Bush administration for that. But its not all Bush's fault, imho, because you see when Obama came in he refused to have members of the Bush administration tried for their crimes. Had he done so, then he would have made the clear statement that American's found torture to be unacceptable. But he didn't and instead made the point that people of one Presidential Administration can commit any crime against humanity and get off.

On top of that, famously there was one way to get shot in America, legally that is, and that was to commit what was called "treason" back in the day. But since one can easily use that word, and people do, they went to the trouble of defining it. Article 3, Section 3, Clause 1 of the US Constitution defines treason as giving "aid and comfort" to the enemy during time of war. And war is defined as being declared formally by Congress, none of this namby pamby "police action" or "humanitarian mission" stuff back then. Therefore, someone who may or may not be considered to have given "aid and comfort" during a time when Congress has not declared war could not be considered for treason. On paper, that is.

In fact, you can try anyone for anything and leave it up to the courts to decide.

Which is why, when Snowden got international sympathy for the fact that if he returned to the US he might be tried for treason and shot, the US Department of Justice went out of its way to say that they would not seek the death penalty.

They would not have done so had not the argument that we are a cruel and murderous country rang true in the eyes of people of the world. Two thirds of the countries of the world have outlawed the death penalty (which is different of course from whether or not their government kills people, oh by the way). The USA is the number 5th country in the world for executions, coming in after China, Iran, North Korea and Yemen. Now that is a list right there to give one pause and wonder just what is going on.



I was not aware of how we were seen in this area by many people of the world until it was Snowden who brought it to my attention.  Well, I knew a little about it I guess, but hadn't given the issue much thought.

Is there a possible way out of this dilemma?  A solution that lets us keep our death penalty, so important to so many Americans, yet avoids the onus that accompanies "stringing someone up"?

I believe that there is.   What if we amended the law so that only the rich would be at jeopardy to being sent to "Ol' Sparkey" (the electric chair) for their crimes?  Its only fair after all, they are the only ones who can afford the legal system in this country; a poor man or woman certainly can not.

I think that world opinion would respond to this change and recognize that we had significantly made progress on the issue of the death penalty and furthermore that we were taking a very progressive step on the issue of the very wealthy people in a world filled with unbelievable poverty.

I hope that all good Americans will join me in calling for the death penalty for the rich.

Thank you.
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Notes

1, "Old Sparky" -- The Electric Chair
http://en.wikipedia.org/wiki/Old_Sparky