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Habeas Corpus Murdered, Few Notice

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    Habeas Corpus Murdered, Few Notice Written by Kurt Nimmo Monday, 02 October 2006 Now that Congress, at the behest of Bush s Schmittian fascist puppetmasters,
    Message 1 of 1 , Oct 5, 2006
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      Habeas Corpus Murdered, Few Notice
      Written by Kurt Nimmo
      Monday, 02 October 2006

      Now that Congress, at the behest of Bush's Schmittian fascist
      puppetmasters, has nullified habeas corpus, a legal tradition going
      back to the 12th century, we can concentrate on more important
      subjects, for instance "space tourist" Anousheh Ansari, who "offers
      uncommon insight into life on the International Space Station," in
      particular "the hazards of washing hair in zero gravity," according
      to the Australian.

      On the Google News page this morning, mention of the Detainee bill is
      nowhere to be found, whereas "Anna Nicole Smith's exchange of vows
      with her lawyer Howard K. Stern on a boat near Nassau" is all the
      rage, as the Boston Globe would have it.

      Determinedly keyboarding in "detainee bill" on the Google News Search
      page returns mundane results, headed by a Los Angeles Times article
      declaring the "complex bill," wrangled through "backroom
      negotiations," will give Republicans "a rhetorical club to use
      against Democrats on terrorism" come the midterm elections.

      Trashing the Constitution and the Bill of Rights, and blotting out
      specific mention of the "Writ of Habeas Corpus," enshrined in Article
      One, section nine, represents a long sought after coup de grâce, far
      worse than even Lincoln's suspension on April 27, 1861, during the
      "Civil War," more accurately described as a war waged by the federal
      government against states declaring their intent to secede from the
      "Union." Lincoln suspended habeas corpus and set-up military courts
      to persecute Copperheads, a faction of Democrats in the North who
      opposed Lincoln's war against the South.

      As an example of what we can expect in the months ahead, consider
      Clement Vallandigham, leader of the Order of the Sons of Liberty, who
      denounced "King Lincoln" and demanded his dethronement. Vallandigham,
      an Ohio politician, was arrested as a violator of General Order No.
      38, issued by General Ambrose E. Burnside, denied a writ of habeas
      corpus, convicted by a military tribunal of "uttering disloyal
      sentiments," and sentenced to two years of internment in a military

      In Ex parte Milligan, an important United States Supreme Court case
      involving civilians and military tribunals, the Court, according to
      Wikipedia, "decided that the suspension of habeas corpus was lawful,
      but military tribunals did not apply to citizens in states that had
      upheld the authority of the Constitution and where civilian courts
      were still operating, and the Constitution of the United States only
      provided for suspension of habeas corpus if these courts are actually
      forced closed. In essence, the court ruled that military tribunals
      could not try civilians in areas where civil courts were open, even
      during times of war…. It further observed that during the suspension
      of the writ of habeas corpus, citizens may be only held without
      charges, not tried, and certainly not executed by military tribunals.
      After all, the writ of habeas corpus is not the right itself, but
      merely the ability to issue orders demanding the right's enforcement."

      Ex parte Milligan left unaddressed the president's ability to suspend
      habeas corpus independently of Congress. Of course, all of that is
      now water under the bridge, as Congress, brimming with neocon
      sycophants, has slavishly deferred to King Bush, who has joked that
      it would be "easier" to rule as a dictator.

      Copperhead Democrats may have gone up against the Republican Lincoln
      - who we are told saved the republic and freed the slaves (in fact,
      Lincoln was a racist who wanted to ethnically cleanse Blacks from
      America; see Lerone Bennett, Jr.'s Forced Into Glory: Abraham
      Lincoln's White Dream) - but we should not expect such hardihood from
      the current crop of Democrats, many who indeed voted against Bush's
      detainee bill but don't have what it takes for sustained opposition
      to the neocon drive to dismember the Constitution.

      As presidential hopeful Hillary Clinton characterized it, Democrats
      who voted against the Schmittian detainee bill put "winning elections
      ahead of a smart strategy for winning the war on terror," according
      to the New York Times. "Senator Ben Nelson of Nebraska, a Democrat up
      for re-election who often breaks with his party, said he was willing
      to follow the lead of Senator John McCain, Republican of Arizona, who
      lent the final legislation his strong endorsement," apparently a
      slick move on Nelson's part as John "Keating Five" McCain, friend of
      racketeers and Mafia dons (Joseph "Joe Bananas" Bonano, head of the
      New York Bonano crime family), is yet another presidential hopeful, a
      man with all the power and personality of a waterfront syndicate boss.

      If you go into a backroom with dogs, however, you're going to come
      out with fleas. "Nelson, a Democratic senator from Tallahassee,
      supported a failed amendment that would have retained habeas corpus
      rights…. Nelson said he welcomes legal challenges to the bill,"
      according to the Gainesville Sun. In the meantime, thugs in black
      vans will be free to disappear Mr. Nelson's relatives and friends,
      that is if King George deems them a threat to the war on terr'ism,
      that is to say the manufactured terrorist threat engineered to
      provide a pretext to invade small countries where putative haters of
      our freedoms reside.

      As the blogger Adam Ash explains, the term enemy combatant "means a
      legal non-person. The Italian philosopher Giorgio Agamben likens them
      to the first humans to be so designated, under Roman law a few
      millennia ago. They didn't call them 'enemy combatants' then, they
      called them 'homo sacer'. This was a human being who could be killed
      by anyone, without the killer ever being guilty of homicide."

      In fact, the idea of homo sacer was contrived as an excuse to impose
      justitium, or a state of exception, that is to say a suspension of
      civil liberties and the imposition of martial law. Agamben argues,
      "the so-called sacred and inalienable rights of man prove to be
      completely unprotected at the very moment it is no longer possible to
      characterize them as rights of the citizens of a state."

      Indeed, our civil liberties, enshrined in the Constitution and the
      Bill of Rights and once considered our birthright, as Agamben would
      have it, may no longer be characterized thus, as they were
      systematically plowed under the manure of tyranny on the day after
      "everything changed," including a liberal tradition (as in classic
      liberalism, as opposed to social liberalism) spanning back to the
      Magna Carta Libertatum, originally issued in 1215.

      Finally, as a side note, it should be remembered that the Levellers,
      a mid-17th century English political movement, believed the only
      traceable right of their day going back to the Magna Carta was due
      process. In our day, not even due process of law, as formerly spelled
      out in the Fifth Amendment, has survived the onslaught of the
      neocons, who are at base nothing more or less than followers of the
      Nazi crown jurist Carl Schmitt and his "Die Diktatur" philosophy.

      In America, the Reichspräsident rules supreme, and now shall issue
      lettres de cachet, arbitrary orders issued directly from the king,
      not subject to appeal.

      But never mind. If you're feeling glum over the turn of events, you
      can always retreat to Cook Island with Survivor members of the
      Aitutaki tribe, even if as a passive spectator on the receiving end
      of the idiot tube.



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