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Vancouver Riots: June 15, 2011 [19 Jun 2011|12:09pm]

immorak
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alysasherwood
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Who Is ’Any Person’ in Tribunal Law? [17 Jan 2008|06:34pm]

susanweimer
Who Is ’Any Person’ in Tribunal Law?
Category: News and Politics


Friends,

This law is something we all should concerned about.

-----------------------------------------------------------

This article was found online at: http://consortiumnews.com/2006/101906.html

..> ..> Who Is 'Any Person' in Tribunal Law?
By Robert Parry
October 19, 2006

..>..>

The New York Times lead editorial gives false comfort to American citizens by assuring them that they will not be victims of George W. Bush's new draconian system for prosecuting enemies of the U.S. government in military tribunals outside constitutional protections.

"This law does not apply to American citizens," the Times editorial stated, "but it does apply to other legal United States residents. And it chips away at the foundations of the judicial system in ways that all Americans should find threatening." [NYT, Oct. 19, 2006]

However, the Times analysis appears to be far too gentle. While it's true that some parts of the Military Commissions Act of 2006 target non-citizens, other sections clearly apply to U.S. citizens as well, putting citizens inside the same tribunal system with resident aliens and foreigners.

"Any person is punishable as a principal under this chapter who commits an offense punishable by this chapter, or aids, abets, counsels, commands, or procures its commission," according to the law, passed by the Republican-controlled Congress in September and signed by Bush on Oct. 17.

"Any person subject to this chapter who, in breach of an allegiance or duty to the United States, knowingly and intentionally aids an enemy of the United States ... shall be punished as a military commission … may direct. …

If the Times is correct that "this law does not apply to American citizens," why does it contain language referring to "any person" and then adding in an adjacent context a reference to people acting "in breach of an allegiance or duty to the United States"?

Who has "an allegiance or duty to the United States" if not an American citizen? That provision would not presumably apply to Osama bin Laden or al-Qaeda, nor would it apply generally to foreign citizens. This section of the law appears to be singling out American citizens.

Court-Stripping

Though the new law specifically strips non-U.S. citizens of habeas corpus – the right to a fair trial – American citizens caught up in Bush's legal system also would be denied the right to challenge their incarceration.

Besides allowing for "any person" to go into Bush's system, the law prohibits detainees once inside the system from appealing to the traditional American courts until a defendant is fully prosecuted and sentenced, which could translate into an indefinite imprisonment since there are no timetables for Bush's tribunal process to play out.

The law states that once a person is detained, "no court, justice, or judge shall have jurisdiction to hear or consider any claim or cause of action whatsoever … relating to the prosecution, trial, or judgment of a military commission under this chapter, including challenges to the lawfulness of procedures of military commissions."

That court-stripping provision – barring "any claim or cause of action whatsoever" – would seem to deny American citizens habeas corpus rights just as it does for non-citizens. If a person can't file a motion with a court, he can't assert any constitutional rights, including habeas corpus.

Other constitutional protections in the Bill of Rights – such as a speedy trial, the right to reasonable bail and the ban on "cruel and unusual punishment" – would seem to be beyond an American detainee's reach as well.

Though the New York Times suggests that the new law "chips away at the foundations of the judicial system," the law actually seems to obliterate the old judicial system.

Secret Trials

By putting detainees, apparently including American citizens outside the U.S. constitutional process, Bush's system makes a mockery of the Sixth Amendment in particular. It reads:

"In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed … and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; [and] to have compulsory process for obtaining witnesses."

By contrast, in Bush's system, there are no guarantees of either a speedy or a public trial. Secrecy dominates in a process run by U.S. military officers whose careers depend on the favor of the Commander in Chief.

Under the new law, the military judge "may close to the public all or a portion of the proceedings" if he deems that the evidence must be kept secret for national security reasons. Those concerns can be conveyed to the judge through ex parte – or one-sided – communications from the prosecutor or a government representative.

The judge also can exclude the accused from the trial if there are safety concerns or if the defendant is disruptive. Plus, the judge can admit evidence obtained through coercion if he determines it "possesses sufficient probative value" and "the interests of justice would best be served by admission of the statement into evidence."

The law permits, too, the introduction of secret evidence "while protecting from disclosure the sources, methods, or activities by which the United States acquired the evidence if the military judge finds that ... the evidence is reliable."

During trial, the prosecutor would have the additional right to assert a "national security privilege" that could stop "the examination of any witness," presumably by the defense if the questioning touched on any sensitive matter.

In effect, what the new law appears to do is to create a parallel "star chamber" system for the prosecution, imprisonment and elimination of enemies of the state, whether those enemies are foreign or domestic.

Terror Fears

The Times editorial writers might also take into account the circumstances under which Bush is likely to execute his new powers. Imagine, for example, a terrorist incident or a threat of one somewhere in the United States. Amid public anger and fear, Bush or some future President could begin rounding up citizens and non-citizens alike.

Once these detainees are locked up at Guantanamo Bay or some other prison facility, they could be held incommunicado and denied access to civilian courts under the law's court-stripping provision.

It could take years before the U.S. Supreme Court even addresses these detentions and – given the increasingly right-wing make-up of the Court – there would be no assurance that the justices wouldn't endorse the President's extraordinary powers.

The Times also might want to take note of the curious provision in the law that would jail "any person" who "collects or attempts to collect information by clandestine means or while acting under false pretenses, for the purpose of conveying such information to an enemy of the United States."

Since the Bush administration and its political allies often have accused the New York Times of collecting and publishing information, from confidential sources, that is helpful to U.S. enemies – for instance, the stories about Bush's secret wiretapping program – this provision arguably could apply to Times reporters and editors.

This "spying" provision not only puts alleged offenders into Bush's special legal system but it could result in the offenders being sentenced to death.

So, before assuring American citizens that they're safe from Bush's draconian system, the Times editors might check on why these "any person" provisions were put into the law. For more than two centuries, the civilian U.S. legal system has handled similar crimes, including allegations of spying and charges of Americans aiding foreign enemies.

Yet now, under the cloak of setting up military tribunals to try al-Qaeda suspects and other so-called "unlawful enemy combatants," Bush and the Republican-controlled Congress have effectively created a parallel legal system for "any person" – American citizen or otherwise – who crosses some line and becomes an enemy of the state.

The Times editors may believe that to raise these concerns is alarmist. But over the past six years, Bush and his administration have routinely stretched legal language to aggrandize their power, not the other way around.

There are a multitude of reasons to think that Bush will now interpret every legal ambiguity in the new law in his favor, as granting him the broadest possible powers over people he perceives as his enemies.


--------------------------------------------------------------------------------

Robert Parry broke many of the Iran-Contra stories in the 1980s for the Associated Press and Newsweek. His latest book, Secrecy & Privilege: Rise of the Bush Dynasty from Watergate to Iraq, can be ordered at secrecyandprivilege.com. It's also available at Amazon.com, as is his 1999 book, Lost History: Contras, Cocaine, the Press & 'Project Truth.'
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[26 Jul 2007|02:59am]

fil_spb



Explosion and fire of a gas main in St.Petersburg,
details(foto\video):

http://fil-spb.livejournal.com/44384.html?mode=reply
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Encrypted Email [30 Sep 2006|05:50am]

top103
You know, http://www.dciphermail.com/ - dCipherMAIL LAUNCHES IT'S FREE ENCRYPTED EMAIL SERVICE
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Cruise ship accident... [15 Aug 2006|01:20pm]

seestephgo
I've already emailed this to multiple news stations, but feel free to send it around or post it on your journals. Please credit me as "S. Wallace".

--------------------
Carnival cruise line ship, Celebration, has run ashore into a residential docking area. The ship shook and vibrated as it ran over rocks and shore as it attempted to dock at Nassau, Bahamas, which was it's second stop on the five day cruise. I am currently on the ship and we are all doing well. One crew member was evacuated due to an emergency medical situation. It is unknown to us passengers as of now whether or not the crew member was injured during the accident. One engine has failed and cannot currently be repaired and there is also some sort of leakage out of the rear of the ship. We are currently sailing at half-speed (10 knots) back to our original embarkation point, Jacksonville, Florida. Carnival has refunded all shore excursions, but has yet to discuss with us the possibility of a refund on the actual cruise. I appreciate your time and look forward to seeing any updates you may recieve from anyone else on your news stations. I will update if anything changes, as well.
---------------------

-S.
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Voice photo albums [18 May 2006|07:27am]

jaanta
We have developed a new computer program named Everica destined to viewing photograph, other 2-dimensional images and 3-dimensional models as well as to creating vioce photo albums and 3D presentations with sound accompaniment.

You can read more detailed informations about the program on our web site http://www.everica.com/.

We would like to offer you a copy of our program for free. If you are ready to receive the free program copy, please inform us via online form: http://everica.com/registration/ , and we shall send you an activation key.

We would be glad if the program will be useful for you and if you will recommend it to your acquaintances. If you need further information or hawe wishings concerning the program, please do not hesistate to contact us: info@everica.com

Everica Software
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Political correctness in the UK.... [06 Apr 2006|12:53pm]

newscaster
[ mood | curious ]

Hi, am new here. Basically in the past, and now in my current job, I have critiqued news stories. At the moment I am waiting for our company forum to be fixed, so in the meantime posting my *work* things to my LJ.

So here you go, if you want to read about political correctness in the UK....

I promise it is rather interesting :D

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Budda machine and 3D - great tools for relax [07 Mar 2006|09:21am]

jaanta
Greetings to all!

Has just read through about the Buddha machine, and has thought, that it is possible to combine it with 3d models for a relaxation. At me the amazing thing for rest and meditations has turned out – http://68.178.221.107/budda/budda.rsp

I hope all it will be useful, weakens very well. Yes, has forgotten to tell, the program for viewing it is possible download here: http://www.rotor3d.com

Amon Ra
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[25 Sep 2005|12:05am]

superly
[ mood | confused ]

In this article here:

http://www.psychiatrictimes.com/p030301b.html

I'd like to know what "casbah" means. I know they're not referring to the concert venue.

Thanks for your assistance.

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[09 May 2005|01:36pm]

kaun_agata
http://www.cnn.com/2005/US/05/09/school.bus.accident.ap/index.html

Not long ago there was a collision between a bus and a garbage truck. In that article, it said there are fewer bus collisions than other ground transportation colisions, yearly. Here we have two costing peoples lives.

I know you all probably don't care, but the community is so inactive, I wanted to push it for another day.
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looking for news writers [12 Feb 2005|09:57pm]

top103
Hi,

i am a programmer and i am working on some open source projects.
A dynamicly updated news site and a comunicating editor.That is a small introduction about my current activities.

30 minutes news site at www.news.pakishop.com it is in a demo status so dont take it as offical or to think this is a pakistani news site.

This site needs editors and article writters.


So if anybody is willing to join the web news site please contact me
the site address is www.news.pakishop.com
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volunteers needed for news website [12 Feb 2005|06:43pm]

top103
Hi,

i am a programmer and i am working on some open source projects.
A dynamicly updated news site and a comunicating editor.That is a small introduction about my current activities.

30 minutes news site at www.news.pakishop.com it is in a demo status so dont take it as offical or to think this is a pakistani news site.

This site needs editors and article writters.


So if anybody is willing to join the web news site please contact me
the site address is www.news.pakishop.com
post comment

[23 Nov 2004|07:43pm]

autharise


Pressing News Group, the organisation behind Plasma Rag Magazine, is seeking expressions of interest from enthusiastic and dedicated satire writers who wish to join a dynamic and welcoming team.  In the coming months a satirical online magazine will be launched, providing a chance for those with a passion for writing and humour a chance to grow their skills and network with likeminded people.

Those interested should contact Pressing News Group, as places are limited.  Please include in your e-mail a brief introduction and reasons why you’d like to be a part of the fun.  Send e-mails to pressingnews@gmail.com
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News? [11 Nov 2004|05:20pm]

immorak
My community adbusters seems to be very active in the 'news' of things.
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Bush defends attack for ousting 'madman' [09 Feb 2004|07:25am]

immorak
Washington - President George W. Bush admitted Sunday that some prewar intelligence on Iraq was wrong, but said he had to invade to protect Americans from Saddam Hussein's madness.

"I expected to find the weapons," Bush said in a rare hour-long interview on NBC's Meet the Press.

"I based my decision on the best intelligence possible . . . I don't think America can stand by and hope for the best from a madman.

"He had used weapons. He had manufactured weapons. He had funded suicide bombers into Israel. He had terrorist connections. In other words, all those ingredients said to me: Threat."

http://www.herald.ns.ca/stories/2004/02/09/p173.raw.html
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[26 Jun 2003|12:48am]

everdred
I was just thinking that someone might be interested in this syndicated feed... enjoy.

nytimes
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[08 Feb 2003|02:37pm]

immorak
Terrorist Attack Index for The United States Of America:
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Warstrike? [02 Feb 2003|10:50pm]

immorak
Nationwide Work-Stoppage
Valentine's Day, 2003
Show your love for your democracy!
http://www.warstrike.org/
don’t go to work!


I do not see how Americans not going to work and getting fired is going to stop a war but that's just my opinion.
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War = Death. [29 Jan 2003|10:47pm]

immorak
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