Constant's pations

If it's more than 30 minutes old, it's not news. It's a blog.

Thursday, May 18, 2006

Rendition: State Secrets vs. Day In Court

Stunningly, the court has ignored precedent.

By asserting rendition is a "state secret" the US government and court have (not that they want to admit) jointly confirmed rendition is a real phenomena, not something imaginary.

Couple of things to consider: Executive Orders at odds with the law are not valid. Ref.

This case shows that the courts can separate the classified from the non-classified information, and still proceed with trial. Here is a sample court order that shows that a trial con proceed despite "state secrets," arguably dubious ruses to hide evidence of violations of the law. [ Click ]

Italy is conducting a trial on the illegal Rendition issue. Publicly, the US government should explain why they believe the information -- about something that they deny has occurred -- cannot be revealed.

Further undermining the US assertion, that this abuse should remain secret, Rice publicly ordered his release, confirming his kidnapping and unlawful detention.

We expect this case to be appealed, overturned, and remanded.

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Until then, know the US government is getting a "green light" to continue rendering US citizens without warrant to undisclosed locations.

What you can do

A. Learn about domestic rendition. Visit here to learn more about the effort to protect the Constitution and your safety from illegal government abuse. Click ]

B. Learn about the exceptions to state secrets, and how all people should have a chance to have their complaint heard. [ See May 4: Read the EFF .pdf files at Tabs 1-7 to learn more Click ]

C. Blog. Suggested topics: ["COOPS"]

Civility. Discuss what principles and precedents are getting ignored [Samples: Click Click ] ; and what the world should be wary of when interacting with Americans. [ Samples: Click ]

Observe. Keep your eyes and ears open, report anything you may come across, and make sure you do not keep silent about what is happening. [ Samples: Click Click Click Click ]

Options. Discuss alternative systems of governance that compel leaders to meet the standards of civilized society [ Samples: SCPI CLick Click ]

Precedent. How does the current court case compare and contrast with the German Courts in the 1930s; or with Nuremburg?

Sovereignty. Discuss your views on whether the US risks being invaded to force Americans to be civilized. [ Sample: Click ]

Explore alternatives to the current Judicial Oath of Office. [ Kw="oath" here: Click ]

Discuss State Proclamations to call for investigations into whether a sitting judge is or is not asserting their oath. Discuss what is needed to Impeach a Judge for failing to Assert the rule of law, recognize Precedent, and protect the American Constitution. [Precedent: Click ]

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Other links

Human Rights Click

Nuremburg [Click ]

Drawing the line: Are they going to call the crackdown on Americans at the RNC protests "state secrets"? [ Click ]

Court: Click ]

Interesting, thought provoking: [ "Proving you're innocent"-argument Click ]

When do "exceptional steps" become "exceptional war crimes" and "exceptional treaty violations"? [Exceptional insight: Click ]

Kos article has some inaccuracies. There are time when that privilege can be trumped, and despite that privilege, a trial can still proceed in other areas.

ACLU's position is that there should be no bar to trial despite the privilege; thus, the assertion at Kos that the claim is "dead on arrival" or "nothing can be done" is incorrect.

The issue on Rendition is simple: The government has already publicly commented on rendition [SENATE SELECT INTELLIGENCE COMMITTEE; 2 Feb 2006 Feinstein questions Hayden/Mueller Testimony before Senate Judiciary Feb 2006]; and the facts are well known: The US government has admitted that they requested he be released; the only way he could have been imprisoned was if the US had done something.

The issue isn't whether the evidence is or is not classified; but whether the real motivation is to hide evidence of criminal activity. That is called a "dubious" claim of privilege and can be struck down, permitting the case to proceed to trial.

To read more about times when the privilege can be trumped, see the EFF lawsuit, and look at the May 4 information -- read Tabs 1 - 7 to see times when the privilege, even if it exists, is not a bar to a trial. The issue before the appeals court will be whether the privilege, although it exists, is a bar to trial.