Category: Constitutional Law

Obama Orders Release of Secret Memos But Strongly Signals That He Will Block Any War Crimes Investigation

225px-official_portrait_of_barack_obamatorture -abu ghraibTo his credit, President Barack Obama has rejected efforts at the CIA and National Security Council to prevent the disclosure of memos detailing torture techniques. However, the statement below appears to lay the groundwork for a decision to block any investigation into war crimes. While insisting at we are a “nation of laws,” Obama seems to refer to enforcing those laws as acts of “retribution.” It is a position that is strikingly similar to the view of pro-Taliban leaders in Pakistan who have blocked war crimes prosecutions in that country. In the meantime, Attorney General Eric Holder has promised that no CIA employee who tortured detainees will be prosecuted. I discussed the memos on this segment of Rachel Maddow.
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Report: NSA Violated Congressional Authorization in Intercepting E-Mails and Telephone Calls — Sought to Intercept Member of Congress

200px-national_security_agencysvgA new report establishes that the National Security Agency’s violations of federal law are much broader in scope than previously known, including the interception without warrants of the emails and telephone calls of American citizens. Once again, the question is where the congressional intelligence committee were during these continued violations and why citizens should place any trust in members who are tasked with the oversight of these programs.

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Republic of Texas: Governor Raises the Prospect of Secession From the Union

225px-rick_perry_photo_portrait_august_28_2004Facing a tough challenge in his primary for reelection, Texas Gov. Rick Perry has taken up a curious new campaign slogan: Secession. In the audio tape below, Perry threatened that Texas reserved the right to secede from the Union in when it became a state in 1845. While Perry’s call for secession is likely to be echoed by many liberals across the country who have long criticized the state’s politics and politicians like George W. Bush, it may be a bit early to buy those Republic of Texas license plates and exchange your currency.
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Afghan Women Pelted With Stones During Protest of Law Legalizing Marital Rape

158px-flag_of_afghanistansvgIn a rare demonstration, 300 women marched in Kabul to protest a new law that legalized marital rape and restricts the ability of women to leave their homes. Over three times the number of counter-demonstrators formed in response and showered the women with stones. Some reportedly shouted “Death to the slaves of the Christians.”
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Leading the World by Example: Obama Legal Position on War Crimes Adopted for Taliban in Pakistan

225px-official_portrait_of_barack_obamapic_claire21After his recent trip to the Middle East to reach out to Muslims appears to have born fruit. A Pakistan leader has adopted the position of the Obama Administration on war crimes. Tehrik-i-Nifaz-i-Shariat-i-Muhammadi chief Sufi Mohammad has announced that Taliban murderers who have been accused of such crimes as burning schools, throwing acid in the faces of school girls, and killings should not be prosecuted because “[w]e intend to bury the past. These things will be left behind and we will go for a new life in peace.” It is the very logic that our President has been trying to advance as an excuse for not allowing an investigation into the torture program. Obama has insisted that “no one is above the law” while immediately guaranteeing that Bush officials are above the law by stating “My orientation’s going to be to move forward . . . getting things right in the future as opposed to looking at what we got wrong in the past.”

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Appellate Court Throws Out Murtha Defamation Lawsuit On Immunity Grounds

160px-john_murtha_official_photoNA-HadithaA federal appellate court has tossed out the lawsuit by Staff Sgt. Frank Wuterich sued Rep. John Murtha for defamation after the congressman said that his Marine unit killed Iraqi women and children “in cold blood” in Haditha.
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Spanish to Seek Criminal Charges Against Six Bush Officials While Court Asks If Obama Will Investigate

225px-alberto_gonzales_-_official_doj_photograph180px-bybee1Spanish prosecutors reportedly will seek criminal charges against Alberto Gonzales, Federal Appeals Court Judge and former Assistant Attorney General Jay Bybee, University of California law professor and former Deputy Assistant Attorney General John Yoo, former Defense Department general counsel and current Chevron lawyer William J. Haynes II, Vice President Cheney’s former chief of staff David Addington, and former Undersecretary of Defense Douglas J. Feith. In a particularly embarrassing moment for the United States, the Audencia Nacional court in Madrid asked if or when the United States was going to investigate and said that it would not order the investigation if such an investigation is begun — yielding to the United States. This is precisely what was discussed in previously on Countdown.

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Baptist Church Accused of Using Florida Detective to Uncover and Identify Critical Blogger

brunson1Thomas A. Rich was an anonymous blogger on www.fbcjaxwatchdog.blogspot.com who complained to other parishioners about such things as First Baptist Church Pastor Mac Brunson’s huge $300,000 salary, his construction of a lavish office for himself, and his putting his wife on the payroll. The church turned to Detective Robert Hinson who not only works for the Jacksonville Sheriff’s Office but is on the payroll of the church. Hinson allegedly opened a criminal investigation that identified Rich and then informed the church. Rich and his wife were promptly banned from the church.

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Obama Opposes Right for Detainees in U.S. Military Prisons to Challenge Their Detention

225px-official_portrait_of_barack_obama225px-george-w-bushAfter seeking adopting Bush positions on unlawful surveillance last week, President Obama has adopted another controversial Bush policy: opposing basic legal rights for detainees held in U.S. military prison in Afghanistan. Some of the most egregious allegations of torture and abuse have focused on such prisons as the one at Bagram Air base. President Obama is now claiming that access to courts and review in such cases would threaten national security.

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Shiite and Sunni Religious Leaders Support Afghan Law Legalizing Marital Rape

150px-muslim_woman_in_yemen158px-flag_of_afghanistansvgBoth leading Shiite and Sunni religious leaders have come forward to defend the infamous Afghan law that legalized spousal rape. Mohammad Asif Mohseni, a top Afghan cleric and one of the law’s main drafters, insists that the law is actually a progressive reform and proudly notes that the law was a major reform of women’s rights by allowing wives to decline soon after giving birth, fasting for Ramadan, or preparing for a pilgrimage.
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International Blasphemy: The Free World Bars Free Speech

stone-1Here my column in Sunday’s Washington Post on the increasing prosecutions in the West for insulting religion. The rise of international blasphemy prosecutions (and the proposal of the international criminalization of blasphemy) has sacrificed free speech in the name of free exercise.

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Faith Groups Facing Liability Over Discriminatory Faith-Based Policies

thumb_election_scales1Faith organizations and individuals have increasingly been sued over their exclusion or discrimination against homosexuals based on their religious beliefs. As the federal and state governments enforce anti-discrimination policies, they are turning against religious organizations which exclude members based on what they view as immoral practices.

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Tomlinson Tape: Video Contradicts Police Claims and Shows Man Being Struck Without Provocation

default1British police are facing many question over the death of Ian Tomlinson, 47, who died of a fatal heart attack during the April 1st protests. While police insisted that they had no contact with police after witnesses accused them of attacking him without provocation, new pictures and the video below have emerged that seem to contradict their claims and showing police hitting Tomlinson from behind with a baton. The case should focus the English people on the abusive law to make it a crime to film police. Absent these films, this case would have been buried by the Metropolitan Police Service.

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