Archive for the Due Process Category

Arctic High School Court (May 23, 2016)

Posted in Courts, Due Process, Hypocrisy, Judges, Judicial Arrogance, Judiciary, Justice, Perjury, Perjury/Dishonesty on May 23, 2016 by e-commentary.org

. . .

_          “Affirming cases that should be reversed.”

_          “Reversing cases that should be affirmed.”

_          “Construing the rules to promote the most unjust, protracted and expensive determination of a matter.”

_          “Denying requests for oral argument and thus violating the most fundamental tenet of due process.”

_          “Contending dishonestly and fraudulently that the lawyer has waived an argument when the lawyer clearly and unambiguously has not waived and would not under any circumstances waive an argument.”

_          “Spewing an order as ‘Entered at the direction of an individual justice’ without stating the name of the ‘Just-us’ so that one is unable to determine and track the whims, inclinations and peccadillos of the Justice.  And usually an order that allows the Justice and the Court not to do any work and to go home early.”

_          “Dismissing the most meritorious and novel argument by demeaning and dissing it as ‘absolutely without merit’ because it would require reflection and intellect to appreciate.”

_          “Disregarding the law.”

_          “Making up the law.”

_          “Disregarding the facts.”

_          “Making up the facts.”

_          “Developing the reputations of friends and destroying the reputations of non-friends.”

_          “Embarrassing an attorney at every opportunity to perpetuate the most institutionalized system of bullying in America.”

_          “Adopting the most arrogant resolution of a matter.”

_          “Taking far too long to address a matter and then getting it wrong.”

. . .

This bill of particulars is inspired in part by the example in the Declaration of Independence that enumerates the grievances that underpinned the decision to declare independence from George The Third.  Now may be the time to declare independence from a legal system that is not working.

Bumper stickers of the week:

Arctic Supreme Court > Arctic High Court > Arctic High School >>>>>>>> Arctic High School Court

Our Motto:  Petty, Personal, Political

Appalling, Disgusting, Revolting

Grade (very low standards; grade inflation):  D+

You can say with a high degree of confidence that the Arctic High School Court will more likely than not reach the wrong decision.

Hotel Arctic High School:  You can check-out any time you like, but you can never leave!  We are all swirling in the high school vortex writ large.

If the shoe fits, you’ve got to indict.

Brown: 5 – Plessy: 4 (June 29, 2015)

Posted in Due Process, Equal Protection, Gay Politics, Less Government Regulation Series, Supreme Court on June 29, 2015 by e-commentary.org

. . .

Brown: 5 – Plessy: 4

. . .

Bumper sticker of the week:

June 26:  A day that will live in famy

Bulk Collection Of Telephony Data. Again. (December 16, 2013)

Posted in Book Reference, Civil Rights/Civil Liberties, Constitution, Courts, Due Process, First Amendment, FISA, Journalism, Judicial Arrogance, Law, Newspapers, O'Bama, Politics, Press/Media, Privacy, Republican Federal Judge Syndrome on December 16, 2013 by e-commentary.org

. . .

L1        “You never know what a Monday will bring.  A federal judge ruled that the NSA’s bulk collection of Americans’ telephony records likely violates the Fourth Amendment to the U.S. Constitution.”

L2        “You did not hear the word ‘telephony’ in polite parlance two dozen years ago.  The courts must now address the interplay of law with technology far more sophisticated than a pair of soup cans and a string.”

L1        “Most federal judges were ‘Arts and Crafts’ majors in college who may understand Tennyson but really do not understand technology.  Listen to the techs who install IT systems in the state and federal courts.  Some of these judges are still looking for the rotary dial.”

L2        “The government’s reliance on a case from the prehistoric days of telephony – way back in 1979 – is proof positive that the issue must be addressed anew in light of the new technology today.”

L1        “They will need to refer more often to Newton’s Telecom Dictionary than to Black’s Law Dictionary.  That will be fun.”                  

. . .

L1        “Within a fortnight of the Democrats’ decision to require the Senate to ‘advise and consent’ and vote on O’Bama’s appointments to places such as the District of Columbia Circuit Court of Appeals, the decision will have consequences.  One or more of the new appointees could be assigned to the reviewing tribunal.  If there is en banc review of the three panel decision, there are now more Democrats than Republicans.”

L2        “But will the Democrats defer to their benefactor?  Is there another Republican appellate court judge who may be a fan of the Constitution rather than unchecked federal intrusion?  And we always have the five Supremes who will get to chime in.” 

L1        “Who just don’t get it.  They do not even want to admit that the NSA exists.”

. . .

L1        “Judge Leon (Bush II) overcame the always pernicious ‘Republican Federal Judge Syndrome’ that almost always plagues Republican appointees.  Yet the judge once again displays the occupational hazard of these imperial federal judges.  His opinion is snarky, arrogant, condescending, intemperate, and sloppy.  The screed deserves a B+ for intuiting basic truth, a C- for style and an F for arrogance.”

L2        “When you are going to be courageous, you must be flawless.”

L1        “There are more than a few good women and men who are concerned that collecting the metadata is constitutional and may prevent a great catastrophe.”

L2        “But in the final analysis, there is the Constitution.” 

. . .

[See the “e-ssays” titled USA PATRIOT ACT (April 4, 2005), Less Government Regulation Series: Google (Nov. 30, 2009), Boycott Facebook? (August 2, 2010), Brave 1984 Farm: The Best Of All Possible Worlds (March 19, 2012) and Hero or Traitor? (June 10, 2013) and I Spy, You Spy, They Spy (October 28, 2013).]

[See the “e-ssays” titled Judicial Activism: Rogue Republican Judges (January 28, 2013), The Paradox Of The Republican Federal Judge: Republican Federal Judge Syndrome (September 23, 2013) and Past Time: Exercising The “New Clear Option” (November 25, 2013).]

Bumper stickers of the week:

Free Edward Snowden

Pardon Edward Snowden

Bestow a Presidential Medal of Freedom on Edward Snowden

Quash the sub poena issued to James Risen

Free the Press

In a dozen plus years and without a debate or a vote, technology has deprived us of privacy.  With little debate and many hasty votes, Congress has deprived us of privacy at every opportunity.  We as a society should create a rebuttable presumption in favor of privacy even if it appears to sacrifice security.  Our personal insecurities are actually creating greater national insecurity. 

I Spy, You Spy, They Spy (October 28, 2013)

Posted in Civil Rights/Civil Liberties, Cyberactivities, Due Process, FISA, Google, Government Regulation, National Defense Authorization Act / FY 2012, Perjury, Perjury/Dishonesty, Privacy, USA PATRIOT Act on October 28, 2013 by e-commentary.org

. . .

A          “Remember back in the halcyon days of 2002 when everyone proclaimed that surely the government was not spying on fellow Americans.”

B          “September 11, 2001 may have been the pivotal day.  Ineptitude and incompetence gave way to fear and folly.  Increased spying is no surprise.  And yet now everyone is surprised.”

A          “And I was deemed paranoid because I knew they were gathering data on us.”

B          “It is not paranoia if they are really after you.”

A          “They were after us.  Every instinct informed me that we were being monitored.”

B          “So many government officials in the know knowingly lied in various forums including some under oath and averred that there was no spying.  Many of those who testified agreed to tell ‘the whole truth’ and did not tell the whole truth.”

A          “I realize that we as a people have always been placing an ear up to a door to snatch a snippet of conversation, yet now there are no restraints.”

. . .

A/B       “Are we safer?”

. . .

Bumper sticker of the week:

“Snowden is a traitor.  Stop spying on me.”

The Endless War On Women . . . By American Warriors (July 22, 2013)

Posted in Congress, Crime/Punishment, Drones, Due Process, Equal Protection, Military, O'Bama, Society on July 22, 2013 by e-commentary.org

. . .

C1        “It could not be disregarded, so the predecessor to former Secretary of Defense Robert Gates issued a statement denunciating the rape.  It could not be disregarded, so then Secretary of Defense Robert Gates issued a statement denunciating the rape.  It could not be disregarded, so then Secretary of Defense Leon Panetta issued a statement denunciating the rape.  It could not be disregarded, so Secretary of Defense Chuck Hagel issues a statement denunciating the rape.  It could not be disregarded, so the successor to Secretary of Defense Chuck Hagel will issue a statement denunciating the rape.  It could not be disregarded, so the successor to the successor to Secretary of Defense Chuck Hagel will issue a statement denunciating the rape.”

C2        “Perhaps they could concoct a Department of Defense formal form denunciation and describe it as ‘Form DD 1.’”

C1        “The official DoD ‘Bedbug Letter.’  Explanations in the military are simple.  What goes on goes on because the superiors want it to go on.  What the superiors do not want to go on will not go on, with only a few rogue exceptions that can be punished swiftly and publicly.”

C2        “The Commander-In-Chief is at the top of the pile.”

C1        “So they want it to go on.  In this man’s army, however, that war would not go on.” 

. . .

[Is a “Drones Unlimited” organization akin to “Ducks Unlimited” or “Trout Unlimited” or “Cape Buffalos Unlimited” on the horizon?  http://www.nytimes.com/reuters/2013/07/17/us/17reuters-usa-colorado-drones.html?hp&_r=0.]

Bumper sticker of the week:

Join the military; get raped       

Vet’s Day; Slavery And Due Process (November 12, 2007)

Posted in Civil Rights/Civil Liberties, Due Process, Law, Military, Philosophy, Society on November 12, 2007 by e-commentary.org

Men naturally seek to enslave other men.  Men do not naturally seek to provide other men with “due process.”  Due process requires 1) notice of a proceeding impacting a person’s life, liberty or property, and 2) an opportunity to be heard in good faith by a neutral decision maker applying known and settled rules.  “Due process” also suggests the “rule or law” or even “fundamental fairness.”  However, it is easier for a hippopotamus to ride a unicycle than it is for a man to give another man something as unnatural as the process he is due.

Governments are instituted among men (and women), among other reasons, to disincline them from doing what is natural (enslave others) and to incline them to do what is unnatural (respect due process).  The growing pains of the Republic were painful; the Founders did more to promote slavery than to enshrine due process.  Yet they made a path-breaking start in the promising direction. Democracy is not easy.  Democracy emerges slowly.  The country grew.

Protecting against our worst impulses and advancing our noble ones requires a sword and a plow share.  These efforts are undertaken under different names, banners and gonfalons.  One of them reads “Duty, Honor and Country” and another “Semper Fi,” among others.  Many Americans have died protecting what many do not understand and too many take for granted.

Bumper stickers of the week:

All gave some, some gave all

Not to promote war, but to preserve peace