If you have access to JSTOR here is the link:

http://www.jstor.org/view/00029300/sp050001/05x0005e/0

Scott Horton writes in Harpers that United States v Alstoetter, the famous Justice Cases was all about going after the lawyers and judges who by their actions promoted and enabled war crimes and torture and that we did sentence such individuals to prison terms for their complicity in this loathsome practice.

Is it time for another Nuremburg Commission? And people like Yoo, Bradbury, Gonzales, Addington, Cheney and yes, Bush, to be held accountable?

There was a passage about “reconsecrating the temple of German law” after WWII. I think we need to do the same for our law here after 9-11 and Iraq/Afghanistan. All the renditions, the network of secret prisons, the tortures and deaths, the detentions, the wire-taps,… have deeply defiled the American “temple” of law. It is past time to take the actions to reconsecrate it.

While it may not be the same drama as occupied France, it does seem as though there is in fact an “Occupied Washington DC.” There seems nothing more likely than dozens of Democrats are complicit in the acts of the Bush administration. Many have alleged that a great deal of these acts may, in fact, be grounds for criminal charges. The Schumer / Weinstein position on Mukasey was surprising, at the very least. Now, guys like Webb – seem like Jimmy Stewart’s Senator Smith, in 1939 film – ‘Mr. Smith Goes to Washington.’ He’s fearless, he’s clearly not been around long enough to have entanglements that would compromise many years of subversive part-time pilfering. There’s a good chance that there are some very steamed Democrats at this act of his in showing up our Nation’s first Supreme Court appointed King.

It is inconceivable that the last 7 years of America being tortured was solely because of the Republican majority. Those Democrats that have been getting tune-ups at Republican controlled filling stations are going to start to crank up the countermeasures to obscure vision. But frankly, their silence has been defeated by their now very publicly accessible voting records and comments. Their performance (and lack thereof) is now clearly visible and the electorate is going to be tougher on Democrats than it will on Republicans. By that, I mean, Republicans will likely be defeated in greater proportions, but Democrats that have been idle, ineffective or complicit in the problem are likely to be challenged and replaced by new Democrats.

This act by Jim Webb, was using an option of the rules of the Senate in a clear statement that there is NO cooperation between the White House and Congress. The House of Lords … excuse … the Senate leadership has been tepid and meek. The House of Representatives needs to exercise mature leadership and captivate our citizens with action.

Sheer hubris by the President in this appointment ploy. Another distraction tactic. The Republicans know how much certain Democrats have at stake if their found out … unfortunately for them … there’s much new flesh in the game that isn’t under the thumb of the feckless Democratic leadership and it’s seems this is the beginning of another new change of which many seasoned Democrats are not thrilled. Stay tuned for Part II of this debacle after the Holidays.

That’s part 1.

Part 2: Why not have the Justices elected for life by the voters of their Circuit? This would require a constitutional amendment of course, but it would make all three branches of the government elected by the people. It is odd to have two branches elected and one branch appointed.

Part 3: Before implementing this plan, remap the Circuits.