unlike so many of the other cases, this one
simply asks whether the govt. violated judge
roberts july 2005 order by withholding evidence

.
A court does indeed have to know and evaluate what evidence was not produced in order to ascertain if it was germane to the discovery order and, if so, if it was material or if it was harmless. But the Bushies will never allow a proper inquiry in this regard; they will either clam up under state secrets or produce a fraudulent explanation package. If only we had a track record to predict their behavior from……

Mr. Cheney and Adm. McConnell act as if paranoid, and want – or claim the “inherent right” – to monitor all our communications without cause or warrant. They claim unlimited power and its unaccountable use. Citizens have fought and died for centuries to oppose such things. They are criminal acts that deserve prosecution, not immunity and statutory sanction to keep committing them.

I almost think that you don’t want that safety and protection to exist.

Democratic yes, but Patriotic also!

At least that is my hope!

as the government conceded in its
abdullah papers, there are scarcely any
“secrets” left to claim as to the matters
sought in abdullah’s habeas petition.

abdullah does not seek the release of
any “document” [for they are claimed
to have been “destroyed”] — he seeks simply
to know whether those questioned mentioned
his name. not what they said — not on what
basis he was led to his arrest — none of that.

just whether he was mentioned. it seems
beyond peradventure that someone now in
custody at gitmo is no threat for flight, nor
a threat regarding disclosure of state secrets.

unlike so many of the other cases, this one
simply asks whether the govt. violated judge
roberts july 2005 order by withholding evidence.
it cares little as to what the evidence might have
been — for the object here is simply to establish
that the govt. destroyed evidence it was under order
to perserve. and that, at least under older precedents,
could win adullah his habeas-granted release from custody.

cool.

[to be fair, his counsel does also
ask to know — via roberts — what has
been done since the destruction to track
down any still-extant evidence, on this score.]

we’ll see, but i think, because of how carefully
roberts always drafts his orders [you are so right,
mary@22!], this one may actually go
down the way we hope. . .

the tone of the govt. in its filings on
this case, is much like the dog that knows
it’s already been beat.

keepin’ fingers crossed.

In leading the fight for FISA immunity, Mr. Cheney is not protecting national security, or advocating only limited amnesty for prior bad acts committed in good faith. He is not even espousing a grand constitutional [sic] theory that would survive his passing. He is advocating a silent coup and attempting to keep himself and his brethren out of jail.

The reach of the “unitary executive” will be limited to the reign of the GOP. Democrats will discover when they reach the White House that the GOP will carve out exceptions. They will shred Democratic attempts to use such powers because they “fall outside” the “real” meaning of the unitary executive. Just as the neo-cons’ dominance in the Supreme Court has allowed them to gut abortion and civil rights laws without overturning them. But rest assured, expansive notions of the unitary executive will be born again when the GOP returns to the White House.

It is time for others besides Sheldon Whitehouse and a resuscitated Harry Reid to call the GOP tactics what they are: unparalleled claims to unaccountable power, not attempts to protect America or Americans.

Why doesn’t KO lead with the FISA debate, and put a moratorium on the election drama?

The first bit is a good question. As for a moratorium, with his now proclaimed (rumored) power and influence at that network, I think he could reframe the “election drama” into what is actually at stake, where the race is more about the Dems trying to represent all of the people – the every day sort that actually have to work for a living – and the Rethugs whose primary interest is business – profits over people. And if the other side of the aisle is going to own up to the Bush legacy and face their folly.

He doesn’t have to flat-out state the obvious, that the entire neocon experiment has been an utter failure for all except for those invested and profit from the machinations of war.

Of course, at least one aspect of the FISA debate dovetails into this quite nicely. He and his researchers are said to have a handle on the pulse of the netroots, tonight’s show should be an indication.

OT on torture -
http://atimes.com/atimes/South…..5Ae01.html
US and Thailand: Allies in torture

…
Wherever the CIA-run interrogation facilities are situated, the torture of suspects in Thailand apparently represents the latest US violation of the Geneva Conventions and also controversially violates Thai law and sovereignty. The US congressional revelations about the facility also raises hard new questions about the role and possible complicity of Bangkok-based senior US officials, including previous US ambassadors Darryl Johnson and Ralph “Skip” Boyce.
…
Although Thailand is conveniently not a signatory to the United Nations Convention against Torture, it has signed onto the International Covenant on Civil and Political Rights (ICCPR), which broadly protects human rights, including the right to a fair and speedy trial for those charged with crimes.
…
With the prosecution of its “war on terror”, the US has more recently persuaded several of its regional strategic allies – including Thailand, Cambodia and the Philippines – to either ignore or reverse their prior multilateral commitments to rights-protecting international laws and covenants like the ICCPR in exchange for preferential trade and military deals.
…
Rights advocates monitoring southern Thailand’s conflict note a striking similarity between the torture techniques US agents are known to have used against terror suspects held in both Iraq and Guantanamo Bay, Cuba with those now in practice by Thai security forces against suspected Thai Muslim militants.

The only thing worse than the torturers are the lawyers who gave them the free pass to torture and who continue to work their fingers to the bone to insure unfettered torture and cover up of torture today.

I don’t care if they are Democrat, Republican, or whatever, I will vote ONLY for those who stand up for our Constitution and the REAL rule of law. Kay Bailey Hutchison plans to run for governor our esteemed state, and John Cornyn is attempting to run for reelection. I think they will both find out that Texans are fed up with how things are done now.