Rule of Law Under Attack
by Ralph Nader
from CommonDreams.org
Every law student promptly learns the national ideal that our country is governed by the rule of law, not the rule of men. Today, the rule of law is under attack. Such activities have become a big business and, not surprisingly, they have involved big business.
On October 25th, Secretary Condoleeza Rice officially recognized before a House Oversight Committee that, remarkably, there was no law covering the misbehavior of Blackwater Corporation and their private police in Iraq.
Any crimes of violence committed by Blackwater and other armed contractors commissioned by the Defense and State Departments to perform guard duty and other tasks, fell into a gap between Iraqi law, from which they have been exempted by the U.S. military occupation and the laws of the United States.
Since the United States government is ruled by lawless men in the White House who have violated countless laws and treaties, Bush and Cheney clearly had no interest in placing giant corporate contractors operating inside Iraqi jurisdiction under either the military justice system or the criminal laws of the United States.
Presidential power has accumulated over the years to levels that would have alarmed the founding fathers whose constitutional framework never envisioned such raw unilateral power at the top of the Executive branch. Accordingly, they only provided for the impeachment sanction. They neither gave citizens legal standing to go to court and hold the Presidency accountable, or to prevent the two other branches from surrendering their explicit constitutional authority-such as the war-making power-to the Executive branch. The federal courts over time have refused to adjudicate cases they deem “political conflicts” between the Legislative and Executive branches or, in general, most foreign
policy questions.
Being above the law’s reach, Bush and Cheney can and do use the law in ways that inflict injustice on innocent people. Politicizing the offices of the U.S. Attorneys by the Justice Department, demonstrated by Congressional hearings, is one consequence of such Presidential license. Political law enforcement, using laws such as the so-called PATRIOT Act, is another widespread pattern that has drag netted thousands of innocent people into arrests and imprisonment without charges or adequate legal representation. Or the Bush regime’s use of coercive plea bargains against defendants who can’t afford leading, skilled attorneys.
(Continued here.)
from CommonDreams.org
Every law student promptly learns the national ideal that our country is governed by the rule of law, not the rule of men. Today, the rule of law is under attack. Such activities have become a big business and, not surprisingly, they have involved big business.
On October 25th, Secretary Condoleeza Rice officially recognized before a House Oversight Committee that, remarkably, there was no law covering the misbehavior of Blackwater Corporation and their private police in Iraq.
Any crimes of violence committed by Blackwater and other armed contractors commissioned by the Defense and State Departments to perform guard duty and other tasks, fell into a gap between Iraqi law, from which they have been exempted by the U.S. military occupation and the laws of the United States.
Since the United States government is ruled by lawless men in the White House who have violated countless laws and treaties, Bush and Cheney clearly had no interest in placing giant corporate contractors operating inside Iraqi jurisdiction under either the military justice system or the criminal laws of the United States.
Presidential power has accumulated over the years to levels that would have alarmed the founding fathers whose constitutional framework never envisioned such raw unilateral power at the top of the Executive branch. Accordingly, they only provided for the impeachment sanction. They neither gave citizens legal standing to go to court and hold the Presidency accountable, or to prevent the two other branches from surrendering their explicit constitutional authority-such as the war-making power-to the Executive branch. The federal courts over time have refused to adjudicate cases they deem “political conflicts” between the Legislative and Executive branches or, in general, most foreign
policy questions.
Being above the law’s reach, Bush and Cheney can and do use the law in ways that inflict injustice on innocent people. Politicizing the offices of the U.S. Attorneys by the Justice Department, demonstrated by Congressional hearings, is one consequence of such Presidential license. Political law enforcement, using laws such as the so-called PATRIOT Act, is another widespread pattern that has drag netted thousands of innocent people into arrests and imprisonment without charges or adequate legal representation. Or the Bush regime’s use of coercive plea bargains against defendants who can’t afford leading, skilled attorneys.
(Continued here.)
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