Legal Issues

By David Swanson

David Cole of Georgetown University and formerly of the Center for Constitutional Rights has been doing some good writing, not only on our failure to enforce laws against powerful people, but also on our out-of-control epidemic of incarceration which has struck those too unimportant to gain immunity.

Cole argues persuasively that we lock up a dramatically higher percentage of our people than any other nation because it is mostly poor African-American communities that get hit. He points out that when segregation was legal in the 1950s, African-Americans were 30 percent of the prison population, whereas now, with a monstrously increased prison population, African-Americans and Latinos make up 70 percent of it. Sixty percent of African-American high school dropouts have spent time behind bars.

By Dave Lindorff

Attorneys General from 13 states--all of them Republicans--are saying that they are going to sue to block the health insurance reform bill if, when it is finally passed, it still includes a measure giving Nebraska an extra $100 million in Medicaid funds. They charge that this “bribe” was used to get Nebraska’s conservative Democratic Senator Ben Nelson to join fellow Democrats to get the Senate’s version of the bill passed.

By Dave Lindorff

Cambridge Police Sgt. James Crowley has gone whining to his
professional organization, the Cambridge Police Superior Officers
Assn., asking for support in calling for President Obama to apologize
for saying he acted "stupidly" in arresting Harvard Prof. Henry Gates
after first suspecting the prominent African-American scholar of being
a burglar caught breaking into Gates' own home.

By Dave Lindorff

The point about the arrest Monday by a Cambridge Police sergeant of
Harvard Distinguished Professor Henry “Skip” Gates is not that the
police initially thought the celebrated public intellectual, PBS host
and MacArthur Award winner might have been a crook who had broken into
Gates’ rented home. Anyone capable of seeing a 58-year-old man with a
cane accompanied by a man in a tux as a potential burglar might make
the same mistake, given that a neighbor had allegedly called 911 to
report seeing two black men she thought were breaking into the house.

By Dave Lindorff

I don’t know at this point whether Judge Sonia Sotomayor is a good choice for Supreme Court Justice or a bad one.

She certainly is a lousy judge for writers and other creative
people, having ruled (and been overruled by an appellate court and
then, when that reversal was upheld, by the US Supreme Court in a case
called New York Times Inc. v. Tasini) that the Times and periodical
publishers could reprint, without any additional compensation, any
freelance works they contracted on the basis that they had a general
copyright on each entire issue they publish.

By Dave Lindorff

Back in 1965, as a 15-year-old kid, I had a chance to spend half a
year as a student at a boy’s gymnasium (high school) in Darmstadt, the
cultural capital of the German state of Hesse, which had the
distinction of having been one of a handful of cities in Germany
(Dresden was another) that were selected by the Allies to test out the
terror tactic of firebombing. The town was chosen for incendiary
bombardment precisely because it had no military value and thus, no air
defenses (and because it consisted mostly of wooden structures). With
Germany still wreaking horrific damage on the Allied bomber fleet, this
made it an inviting target.

By Dave Lindorff

Last week, a US federal district judge, Henry Kennedy, ruled in
favor of a case brought by the survivors of the crew of the USS Pueblo,
a spy ship captured by the North Korean Navy in 1968, who were held
prisoner by North Korea for 11 months, and who were reportedly tortured
in captivity. The judge awarded the men $65 million in damages from the
state of North Korea.

Now I’m happy for the plaintiffs. Torture is flatly banned under
international law, and nobody should be tortured under any conditions
(whatever Supreme Court Justice Antonin Scalia may think). But let’s
not ignore the irony of this ruling. In general, the federal courts
have been incredibly reluctant about making such rulings against the US
government for doing the same thing that North Korea did, or even worse.

By Dave Lindorff

I am not a terrorist.

How can I prove this in these paranoid times? Easy. The New York
Department of Motor Vehicles took my $30 payment over the phone to
clear what they said was a record of my NY drivers license having once
been withdrawn, and informed the National Driver Register in Washington
that I’m a good guy deserving of a renewal of my Pennsylvania drivers
license.

Let me explain.

By Dave Lindorff

In the category of yawn-inducing stories that we knew all about
before they happened, comes word that the jury of senior uniformed
officers sitting in judgement of Osama Bin Laden’s chauffeur in the
first Bush-league military tribunal to actually go to a hearing at
Guantanamo Naval Station found the prisoner, Salim Hamdan…

Drum roll please…

Guilty of supporting terrorism.

I pause here for gasps of astonishment.

It’s awfully silent…

By Dave Lindorff

Double standards when it comes to children are pretty
appalling—especially when it comes to “our” kids vs. “their” kids, but
here in America they aren’t limited to just right-wingers.

Take reaction to the US Supreme Court’s latest ruling that you
cannot execute rapists—even those who rape children—on the theory that
only killing someone justifies execution.

Politicians who make their careers by promoting state sponsored
murder have been quick to condemn this latest “liberal outrage” by
calling for more laws that would make execution the punishment for
raping a child (admittedly a monstrous crime).