Law

Back in December, Nobel Laureate Barack Obama signed the National Defense Authorization Act for Fiscal Year 2012. The bill contained two controversial provisions which, according to the ACLU, let’s the government seize and hold Americans without charge, trial, or due process.

“President Obama’s action today is a blight on his legacy because he will forever be known as the president who signed indefinite detention without charge or trial into law,” said Anthony D. Romero, ACLU executive director. “The statute is particularly dangerous because it has no temporal or geographic limitations, and can be used by this and future presidents to militarily detain people captured far from any battlefield.  The ACLU will fight worldwide detention authority wherever we can, be it in court, in Congress, or internationally.”

Today, the Virginia legislature took steps to curb this unjustifiable power grab. Via the good folks at the Tenth Amendment Center:

On Wednesday, the Virginia legislature overwhelmingly passed a law that forbids state agencies from cooperating with any federal attempt to exercise the indefinite detention without due process provisions written into sections 1021 and 1022 of the National Defense Authorization Act.

HB1160 “Prevents any agency, political subdivision, employee, or member of the military of Virginia from assisting an agency of the armed forces of the United States in the conduct of the investigation, prosecution, or detention of a United States citizen in violation of the United States Constitution, Constitution of Virginia, or any Virginia law or regulation.”

The legislature previously passed HB1160 and forwarded it to Gov. Bob McDonnell for his signature. Last week, the governor agreed to sign the bill with a minor amendment. On Wednesday, the House of Delegates passed the amended version of the legislation 89-7. Just hours later, the Senate concurred by a 36-1 vote.

The law goes in to effect on July 1, 2012. Good for Virginia. Several other states have passed similar legislation or resolutions. It’s a nice symbolic defense of liberty, but in practice it shouldn’t significantly affect the nature of police work in the Commonwealth. Afterall, the indefinite detention aspect only comes into play after one has been apprehended. By that time, Virginia agents would be removed from the process.

The phrase “in violation of the United States Constitution, Constitution of Virginia” is more interesting; it would seem to provide a cause of action in Virginia state courts for Federal claims. This could be a back-door for bringing cases to trial if Federal justices are reluctant. In the wake of the original round of Guantanamo Bay detainees, a similar venue-shopping tactic was used by the Bush Administration, placing oversight of those cases with the conservative Fourth Circuit, based in Richmond.

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Back in the dark days of law school, one of my professors spent almost an entire semester drilling us on how evil and rotten President Bush’s stance on detaining American citizens was. Today, the big O is going to sign the National Defense Authorization Act, which will codify indefinite detention for terrorist suspects, regardless of nationality. That means no trial, no habeas corpus, and breaks a major campaign pledge, and one of the few valid reasons for voting for Obama in 2008. Tap on my cell wall, CBS news:

The detainee provisions are just one part of the annual NDAA authorizing $662 billion (editors note: *SPIT TAKE*) in federal defense spending next year.

 While the bill never expanded the authority to detain American citizens indefinitely without charges, proponents said the legislation would codify court decisions finding the President does have the authority to declare “enemy combatants,” as commander-in-chief and under the post-9/11 Authorization for Use of Military Force against al Qaeda and its allies. The administration, which has pledged not to use this power, believes the bill leaves this legal issue unresolved.

 ”By signing this defense spending bill, President Obama will go down in history as the president who enshrined indefinite detention without trial in U.S. law,” said Kenneth Roth, executive director of Human Rights Watch. “In the past, Obama has lauded the importance of being on the right side of history, but today he is definitely on the wrong side.”

The ACLU is also against this bill. If a leftist president can loose both the HRC and the ACLU, who is supporting him? Haliburton? Oh, crap. Liberal pundit Glenn Greenwald has covered this extensively, and does not like it one bit, no sir.

There are several very revealing aspects to all of this. First, the 9/11 attack happened more than a decade ago; Osama bin Laden is dead; the U.S. Government claims it has killed virtually all of Al Qaeda’s leadership and the group is “operationally ineffective” in the Afghan-Pakistan region; and many commentators insisted that these developments would mean that the War on Terror would finally begin to recede. And yet here we have the Congress, on a fully bipartisan basis, acting not only to re-affirm the war but to expand it even further: by formally declaring that the entire world (including the U.S.) is a battlefield and the war will essentially go on forever.

Indeed, it seems clear that they are doing this precisely out of fear that the justifications they have long given for the War no longer exist and there is therefore a risk Americans will clamor for its end. This is Congress declaring: the War is more vibrant than ever and must be expanded further. For our political class and the private-sector that owns it, the War on Terror — Endless War — is an addiction: it is not a means to an endbut the end itself (indeed, 2/3 of these war addicts in the Senate just rejected Rand Paul’s bill to repeal the 2003 Iraq AUMF even as they insist that the Iraq War has ended). This is the war-hungry U.S. Congress acting preemptively to ensure that there is no sense in the citizenry that the War on Terror — and especially all of the vast new powers it spawned — can start to wind down, let alone be reversed. (Emphasis Glenn’s.)

That might sound a little agitated and spittle-flecked there at the end, but he’s right. If your blood pressure can take it, read both his linked articles for a good summation of the issues in the bill. This President campaigned on a promise of change, and then took the Bush presidency to 11. If you voted for him in 2008, would you vote for him again? Why? Forget the clowns challenging him, and any lesser-of-two-evils stuff. I mean what about him, his policies, his wars, his broken promises, or his cronies has you jazzed for Nov. 2012?

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Just a friendly reminder that drugs can be hazardous to you, your kids, and your pets.

Via.

 

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H/t to Courtney Knapp. Despite his high-flying campaign promises, the Big O has turned out to be possibly the worst President-turned-drug-warrior in American history. By my count his administration has also threatened doctors and states for medical marijuana policies, giving him a clean sweep. YES! WE! CAN! YES! WE! CAN!

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Law Student PTSD

by Aaron on September 30, 2011

in Humor,Law

Annie’s only substantive response? “Nice reply all, jackass.” Fair point.

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The Federal Government’s official position on cannabis, according to the Justice Department:

Marijuana is properly categorized under Schedule I of the Controlled Substances Act (CSA), 21 U.S.C. § 801, et seq. The clear weight of the currently available evidence supports this classification, including evidence that smoked marijuana has a high potential for abuse, has no accepted medicinal value in treatment in the United States, and evidence that there is a general lack of accepted safety for its use even under medical supervision.

Prohibition, enforcement, prosecution, and destruction of marijuana crops, sales, and consumption across the directly costs taxpayers roughly 7.7 billion dollars a year, according to a 2005 study by Harvard Economist Jeff Miron. Additionally, Prohibition keeps billions in potential tax revenue untouchable. Meanwhile, user-submitted data helped the folks at PriceofWeed.com map the costs of various quality bud around the country. TO THE MAP-MOBILE!

Compare that with the following maps. First, a non-comprehensive look at the civilians killed by overly militarized police units around the country, despite being 100% innocent of either growing or using.

How about this map showing all fatal marijuana overdoses in America since 1900.

Finally, what does $7,000,000,000 a year get us?

End the drug war. It’s wasteful, costly, dangerous, and ineffective.

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Flirting Over Facebook In Court Is A Bad Idea

August 30, 2011

Juror –> Defendant: Sup D–>J: Nuthin’. Hanging in stupid cort. J–>D: Lol me 2. J–>D: Cort sux. D–>J: Tell me about it! I h8 my lawer. J–>D: I h8 all lawyers. Urs is good though. D–>J: Ya? J–>D: 4 reals. I totes think you didn’t do it. D–>J: Aw. J–>D: Now just gotta convince these [...]

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Bastiat and the Digital Millennium Copyright Act

August 2, 2011

“The surest way to have the law respected is to make the law respectable.” – Frederic Bastiat, The Law, 1850 Whatever is not permitted is prohibited. At least that’s how most politicians like to think.

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Kim Kardashian Is Speechless

July 6, 2011

  I treasure my ignorance of this whole situation. But great tweet.  

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Media Shield Laws Don’t Apply to Internet Commentors; Amateur Bloggers Beware?

June 8, 2011

The internet has turned the media landscape on it’s head. America’s most trusted newscaster is a stand-up comedian. Great reporting happens in small, targeted markets, like Maggie Hendricks at Cage Writer, or Ufford at Warming Glow. A million people a day “ask for [Gawker] by name”, making them a legitimate media empire. Oh, and yeah, [...]

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