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Federal court illegally grants Bush dictatorial powers

The cancer of fascism continues to grow, as both judges and the governing bodies display continuous contempt for the principles of the law.
A federal appeals court, the 4th U.S. Circuit Court of Appeals in Richmond, Va., has just ruled that George Bush can incarcerate American citizens permanently, without trial. Judge Michael Luttig, who is being considered as a Bush appointee to the Supreme Court, wrote the ruling. The ruling is meant to give Bush unconsitutional executive authority to ignore the rule of law and ignore the nation's court system, so as to imprison Americans by executive decree. The Bush administration argued that they did not want to be forced to release detainees for fear that there might not be enough evidence and they would be acquited during a trial. Nevertheless, in a contradictory series of statements, the Bush administration officials insisted that there was much evidence that confirmed the guilt of the detained. Now one or the other of these statements must be false, and given the determination of the Bush administration to skirt the court system, we can assume that they do not have evidence, for if they did, they would not be so hostile to the idea of using the court system. Donna Newman, an attorney, speaking on behalf of one of the Bush administrations detainees, insisted that they wanted the court to emphasize the right to a fair trail. "They're not giving him a chance to fight this, They're telling him he's going to be held forever, that he has no rights. What they're saying is worse than a life sentence."


This court ruling overturns not only the provisions of the Constitution of the United States, but over eight hundreds years of development of the principles of the law, and indeed it undermines the most fundamental of the principles of justice. In spite of the fact that some supposed judge authorized the practice, it remains abominable and it is obviously illegal, since the right to abrogate the system of law is not a right granted to judges, nor is it a right granted to Bush.

A ruling such as this, and the notion of the Divine Right of Kings overturns the fundamental basis for a constitutional system of government. The Magna Carta required the King to respect the principle of law, and marked the end of absolute rule by monarchs, and as well introduced the concept that no one was above the law, and the King was also bound by the law. The principles introduced eventually led to the development of the idea of Constitutional Law. King John was forced to sign the document after an internal revolt, which was caused by suspicion over the illegal manner in which King John had come to his office as monarch, the debacle of a lost war, and finally a quarrel with the Pope over the appointment of an archbiship, all of which led to increasing unpopularity for the monarch, culminating in a revolt of the barons, who assembled an army and invaded London by force in June of 1215.

The King signed the Magna Carta under duress on June 15, 1215, and then promptly renounced the document plunging England into civil war. The most contentious clause of the Magna Carta was article 61 which subjected the monarch to the rule of law. The Pope intervened to condemn the Magna Carta and also rejected the notion of civil rights, insisting that such concepts were an insult to Royal Dignity.

The Magna Carta introduced such notions as 'trial by jury' and rule of law, dispensing with the concept of the absolute rule of monarchs according to their personal whim.

38. No bailiff for the future shall, upon his own unsupported complaint, put anyone to his "law", without credible witnesses brought for this purposes.

39. No freemen shall be taken or imprisoned or disseised or exiled or in any way destroyed, nor will we go upon him nor send upon him, except by the lawful judgment of his peers or by the law of the land.

40. To no one will we sell, to no one will we refuse or delay, right or justice.


The right wing reaction of the Bush administration is so extreme that they are attempting to roll back the clock to 1214, close to eight hundred years, since only in Nazi types regimes, under the reign of fascists, has the doctrine of the right to due process ever been so arrogantly dismissed. In both his demeanor and his attitudes, King George has pretensions towards being an absolute monarch, or better said, a dictator, and this personality flaw is one of the results of his aritocratic and priveleged upbringing, and probably characteristic of the attitudes of much of America's ruling aristocracy, who believe that the proper position for Americans is to do what they are told.

Both the United States Constitution, and in particular the Bill of Rights are in the line of succession from the Magna Carta.

The Bill of Rights states that "No person shall be deprived of life, liberty, or property, without due process of law." This echoes the 38th, 39th, and 40th articles of the Magna Carta, the 40th of which reads, "40. To no one will we sell, to no one will we refuse or delay, right or justice."

Not only Bush is guilty of violating the provisions of the law of the land (a right not granted to any President) but the judges of the land have become reactionaries themselves, who abuse their own personal authority in order to illegally run rought shod over the law, apparently, now, judges having become a law unto themselves. This is a clear indication of the serious deterioration going on in American society, and the problem goes well beyond just a problem with Bush, as a person, but the rottenness is showing itself throughout the decaying American system.

One of the provisions of the Magna Carta involved the subordination of the courts and judges to the principle of law. "45. We will appoint as justices, constables, sheriffs, or bailiffs only such as know the law of the realm and mean to observe it well." So when American judges now deliberately destroy the principles of the law, they too are found to be profound reactionaries, since it is hard to imagine right wing reaction that demands a roll back to the 11th century.

Article 48 and other similar articles, introduced the notion of trial by jury, which has now been denied to American citizens on the whim of the Dictator, George Bush, and authorized by a corrupt judicial system, which has gone beyond the law, thus subjecting American citizens to judgment according to the whim of judges, when a judge is even involved, or judgment on the whim of the Dictator, should the Dictator decide to be judge, jury, and executor on his own personal decision.. "48. All evil customs connected with forests and warrens, foresters and warreners, sheriffs and their officers, river banks and their wardens, shall immediately by inquired into in each county by twelve sworn knights of the same county."

Article 61 subjects the King to the full force of the developing legal system, and marked the introduction of the notion that there is no one above the law, a provision that has now been trampled into the muck, not only by Bush in this one court case, but by the entire elite of America, as demonstrated in their contemptible display of lawlessness in breaching both the constituion and the system of International Law in order to slaughter and loot in Iraq. These are extremely dangerous developments which are going to haunt the people in America as that fascist system continues to grow like a cancer in the nation.
Article 61 subjects the King to the rule of Law, and also declares null and void any attempt by the King to nullify any of the laws and statutes of the land.
61. if we, or our justiciar, or our bailiffs or any one of our officers, shall in anything be at fault towards anyone, or shall have broken any one of the articles of this peace or of this security...petition to have that transgression redressed without delay. And if we shall not have corrected the transgression... with the community of the whole realm, distrain and distress us in all possible ways... until redress has been obtained as they deem fit... for the execution of all the aforesaid matters... molest us to the utmost of his power....we shall procure nothing from anyone, directly or indirectly, whereby any part of these concessions and liberties might be revoked or diminished; and if any such things has been procured, let it be void and null, and we shall never use it personally or by another.


On February 10th, 1936 the Gestapo Law disposed of the principle in law in Germany, giving the dictator absolute power. This provision was in addition to the right to hold prisoners indefinately under 'protective custody' granted under the 'Enabling Act' which was rushed into law after the Reichstag Fire (the 'Patriot Act' in the United States contains provisions similar to this earlier Nazi document, and is the supposed source of the new dictatorial powers of George Bush). Under these provisions a person could be arrested and interned without any legal recourse. Thus justice became completely arbitrary, subject only to the whim of the Fuhrer. Later would follow the 'Night and Fog decree' by which citizens could just suddenly disappear, never to be seen or heard from again. It was just a small step from 'protective custody' and the arrest and incarceration without trial, to Night and Fog.


The White Rose were three young people who dared to write and distribute pamphlets putting into words the unspoken opposition to Hitler, and for which they were promptly executed when caught. They describe the rise of Nazism as a gradually growing cancer in Germany, held in check for many years because of 'forces of good' that served to slow down, but not halt, its progressive destruction of the rights of the citizens of Germany, before finally exploding like a malignant cancer, and obtaining absolute power. There are some disturbing similarities with contemporary America, as well as some encouraging and significant differences. For example, Hitler grew in popularity as the years passed, while Bush continues to sink. Hitler also knew enough to wait until establishing an absolute dictatorship before launching his imperialist aggressions, while Bush, having the mind of an absolute autocrat, did not feel the need to be hindered by the need to slowly and gradually accumulate dictatorial power first, thus explaining his problem. Hitler was more astute about these matters, not having come from an aristocratic background, but rather from a lower middle class background, and for this reason Hitler was more in touch with the population and thus a much shewder and much more dangerous operator than George Bush.

Following are some quotes from the White Rose pamphlets describing the situation in Nazi Germany, after Hitler had consolidated power and became an absolute dictator (the pamphlets were written during the time of the invasion of Russia, after the starting of the biggest of Hitler's imperialist gambles, the Second World War).

Hitler states in an early edition of "his" book (a book written in the worst German I have ever read, in spite of the fact that it has been elevated to the position of the Bible in this nation of poets and thinkers): "It is unbelievable, to what extent one must betray a people in order to rule it." If at the start this cancerous growth in the nation was not particularly noticeable, it was only because there were still enough forces at work that operated for the good, so that it was kept under control. As it grew larger, however, and finally in an ultimate spurt of growth attained ruling power, the tumor broke open, as it were, and infected the whole body. The greater part of its former opponents went into hiding. The German intellectuals fled to their cellars, there, like plants struggling in the dark, away from light and sun, gradually to choke to death. Now the end is at hand. Now it is our task to find one another again, to spread information from person to person, to keep a steady purpose, and to allow ourselves no rest until the last man is persuaded of the urgent need of his struggle against this system.

But our present "state" is the dictatorship of evil. "Oh, we've known that for a long time," I hear you object, "and it isn't necessary to bring that to our attention again." But, I ask you, if you know that, why do you not bestir yourselves, why do you allow these men who are in power to rob you step by step, openly and in secret, of one domain of your rights after another, until one day nothing, nothing at all will be left but a mechanized state system presided over by criminals and drunks? Is your spirit already so crushed by abuse that you forget it is your right - or rather, your moral duty - to eliminate this system?

But what are the German people doing? They will not see and will not listen. Blindly they follow their seducers into ruin. Victory at any price! is inscribed on their banner.

Nothing is so unworthy of a civilized nation as allowing itself to be governed without opposition by an irresponsible clique that has yielded to base instinct. It is certain that today every honest German is ashamed of his government. Who among us has any conception of the dimensions of shame that will befall us and our children when one day the veil has fallen from our eyes and the most horrible of crimes - crimes that infinitely outdistance every human measure - reach the light of day? If the German people are already so corrupted and spiritually crushed that they do not raise a hand, frivolously trusting in a questionable faith in lawful order of history; if they surrender man's highest principle, that which raises him above all other God's creatures, his free will; if they abandon the will to take decisive action and turn the wheel of history and thus subject it to their own rational decision; if they are so devoid of all individuality, have already gone so far along the road toward turning into a spiritless and cowardly mass - then, yes, they deserve their downfall. Goethe speaks of the Germans as a tragic people, like the Jews and the Greeks, but today it would appear rather that they are a spineless, will-less herd of hangers-on, who now - the marrow sucked out of their bones, robbed of their center of stability - are waiting to be hounded to their destruction. So it seems - but it is not so. Rather, by means of gradual, treacherous, systematic abuse, the system has put every man into a spiritual prison. Only now, finding himself lying in fetters, has he become aware of his fate. Only a few recognized the threat of ruin, and the reward for their heroic warning was death. We will have more to say about the fate of these persons. If everyone waits until the other man makes a start, the messengers of avenging Nemesis will come steadily closer; then even the last victim will have been cast senselessly into the maw of the insatiable demon.

Do not believe the National Socialist propoganda which has driven the fear of Bolshevism into your bones. Do not believe that Germany's welfare is linked to the victory of national Socialism for good or ill.

The imperialist ideology of force, from whatever side it comes, must be shattered for all time.

"Philosophical training" is the name given to the despicable method by which our budding intellectual development is muffled in a fog of empty phrases. A system of selection of leaders at once unimaginably devilish and narrow-minded trains up its future party bigwigs in the "Castles of the Knightly Order" to become Godless, impudent, and conscienceless exploiters and executioners - blind, stupid hangers-on of the Fuhrer. We "Intellectual Workers" are the ones who should put obstacles in the path of this caste of overlords.

homepage: homepage: http://www.awitness.org/

Something missing 10.Sep.2005 14:39

Ktesibios

Please provide either a link to the decision (if it can be found online) or the actual text of the decision. Or, for that matter, including the name of the case, i.e., somebody vs. somebody else, would be very helpful.

Something found 10.Sep.2005 17:39

googler

Corpnooz report:
 link to seattletimes.nwsource.com

Link from 4th US Circuit opinions webpage:
 http://pacer.ca4.uscourts.gov/opinion.pdf/056396.P.pdf

a DISASTER. 10.Sep.2005 18:43

this thing here

****ALARM****ALARM ****ALARM****ALARM****

welcome to the new american century. AUTHORITARIANISM ENSHRINED IN LAW.

YOU can be held indefinitely without charge and without trial, by decree of YOUR president. YOU have no right to a speedy trial, by the order of YOUR president. therefore, there is NO bill of rights. there is NO constitution. there are NO inalieanable rights, they have been transferred. there are NO legal protections afforded by citizenship. all have been sacrificed by "security needs", the illegitimate and worthless heart of all right wing authoritarian ideologies. the same illegitimate "security needs" that brought "safety" to germans under hitler, italians under mussolini, chileans under pinochet, and all the citizens repressed under any dictatorship on earth. "it works the same in any country". yes, herr goehring, even in america.

100 years from now, we will look back at this decision either as the first legal entrenchment of the fascist, authoritarian new american century, or a symptom of the decline and fall of this country, a symptom of an abusive, violent, and demented age, the sign of a country that could not, for it's life, remember it's history and what the hell it was doing on earth...

the smell of the death of OUR freedom hangs in the air. no, they didn't come and round up people and kill them in a mass grave. they just quietly passed down a legal decision. and nobody gave a shit...

this is old 10.Sep.2005 20:32

topstory

This is old news now.
The first patriot act allowed the Resident to arbitrarily
detain anyone designated an enemy combatant indefinately
without trial.
Why the sudden hair raising?

My opinion of this is that anyone just noticing this now
hasn't had an ear to the ground but good, good that
people are waking up to the reality now.

Two Supremes to appoint, I can see how this will play out... 11.Sep.2005 07:54

Pravda or Consequences

I going to buy a boat and be an ocean nomad.

America's Libertarian-Socialist Revolution of 2017 11.Sep.2005 09:03

Sephiroth

The country's falling apart, war bankrupting the country. I don't think the American people will buy full-blown fascism, though, and besides the economy is probably not going to be as favorable to Bush as it was to Hitler. We already have debt, Bush isn't going to be able to pump up the economy much longer to keeps the masses in line. Instead we should prepare for the Second Great Depression and the inevitable socialist revolution it will bring!

Geez, what next? 11.Sep.2005 19:32

another ocean nomad

It is BECAUSE of the small, sometimes barely perceptable & incremental changes in the law, moving this nation more and more into a dictatorship- which are barely understood (even by educated people) that this thing, this Bush-fascism is so difficult to fight.

These subtle and obscure changes in the law have to be linked with the actions (taking place down here at the grassroots level) that are observable, so that people can make the connections.

I think that this is our job (as leftists).

It's just that it is really hard to boil these complex issues down to bumpersticker-length quotes.

Corporations now have more rights than we do and it's becoming more & more obvious everyday.

We must find a way to tear down the Bush admin. and those that prop it up.

Then we re-build under humanitarian principles.