Posts from — November 2005

It is hardly a coincidence that the armistice that ended the First World War was timed to begin 11 minutes prior to the beginning of this festive season that encompasses Christmas, New Years, and Shrove Tuesday celebrations.

München hardly has time to recover from Oktoberfest before Fasching begins.

It is mentioned in Article I, Section 9 of the US Constitution as a power of Congress:

The privilege of the writ of habeas corpus shall not be suspended, unless when in causes of rebellion or invasion of the public safety may require it.

From a BBC Magazine article on the history of habeas corpus:

It is thought to have been common law by the time of Magna Carta [1215], which says in Article 39: “No freeman shall be taken or imprisoned or disseised or exiled or in any way destroyed, nor will we go upon him nor will we send upon him except upon the lawful judgement of his peers or the law of the land.”

The suspension of habeas corpus has been reviewed by the Supreme Court following the Civil War in ex parte Milligan (71 US 2 [1866]):

In this case, Lambden Milligan, for whom the case is named, was arrested in Indiana as a Confederate sympathizer. Indiana, like the rest of the United States, was part of a military district set up to help conduct the war. Milligan was tried by military commission and sentenced to die by hanging. After his conviction, Milligan petitioned the Circuit Court for habeas corpus, arguing that his arrest, trial, and conviction were all unconstitutional. What the Supreme Court had to decide, it said, was “Had [the military commission] the legal power and authority to try and punish [Milligan]?”

Resoundingly, the Court said no. The Court stated what is almost painfully obvious: “Martial law … destroys every guarantee of the Constitution.” The Court reminded the reader that such actions were taken by the King of Great Britain, which caused, in part, the Revolution. “Civil liberty and this kind of martial law cannot endure together; the antagonism is irreconcilable; and, in the conflict, one or the other must perish.”

Did this mean that martial law could never be implemented? No, the Court said. The President can declare martial law when circumstances warrant it: When the civil authority cannot operate, then martial law is not only constitutional, but would be necessary: “If, in foreign invasion or civil war, the courts are actually closed, and it is impossible to administer criminal justice according to law, then, on the theatre of active military operations, where war really prevails, there is a necessity to furnish a substitute for the civil authority, thus overthrown, to preserve the safety of the army and society; and as no power is left but the military, it is allowed to govern by martial rule until the laws can have their free course. As necessity creates the rule, so it limits its duration; for, if this government is continued after the courts are reinstated, it is a gross usurpation of power. Martial rule can never exist where the courts are open, and in the proper and unobstructed exercise of their jurisdiction. It is also confined to the locality of actual war.”

What would make Senator Lindsey Graham [R-SC], who is not only a lawyer, but a Colonel and JAG in the Air Force Reserve, believe there was a basis for suspending habeas corpus for a group that has been arbitrarily designated “enemy combatants” by the Executive? The whole point of the writ of habeas corpus is to make the Executive justify its action.

The attack on September 11^th, 2001 did not shut down the courts, even in New York City. There has been no invasion of the United States, nor has a rebellion taken place.

If the Congress of the United States believes it should suspend the writ of habeas corpus, that debate should take place in the open and the action should be part of a separate bill, not hidden away in other legislation.

I have nothing but scorn for the five Democratic Senators [Kent Conrad ND, Ron Wyden OR, Joe Lieberman CT, Ben Nelson NE, and Mary Landrieu LA] who voted for this abomination. Dozens of people who were spirited to Guantanamo were released because there was nothing to charge them with, this after they had been declared “enemy combatants”. Serving military JAGs have said that the system of military tribunals set up is not just or fair. You have handed a major victory to Osama bin Laden by your actions, you have surrendered to the terrorists.

His post has a list of CDs known to have the software installed, but any CD that has an XCP sticker on it, or is from one of the record companies listed should be treated as suspect.

This is another example of corporations making people pay to be used in a corporate marketing and research program. Just because Microsoft does it, doesn’t make it a good idea.

Dr. Cole has his suspicions about this for his reasons, which make sense.

In a Washington Post article about recent tension between Jordanians and Iraqi immigrants, it is noted that the February 28^th bombing that killed 125 people in the Iraqi city of Hilla was carried out by a Jordanian, a probable member of Al-Zarqawi’s group.

Revenge is an old tradition in the land around the two rivers. The bombers seem to have targeted a Jordanian wedding party that was taking place in one of the hotels. The Jordanian authorities have made significant penetrations into the Al-Zarqawi group, and have stopped a number of potential attacks.

It would be useful to know if the Amman bombers can be identified as Shi’ia, which would point to a revenge killing for Hilla.

™ ^{[Kevin Drum]}

It’s A Tough Job

Zzzzzzzzzzzzzz.

[Editor: Bonus version because Ringo’s Dad doesn’t show up often. Hey, he’s a tom cat, it’s not a complex job.]

Friday Ark

[1. It was Liz at Blondesense.]

Class Act, is Colonel George “Bud” Day’s organization. It is a small group, his law office backed by volunteers from Bob Hope Village, a retirement community for Air Force enlisted widows, but it has done big things.

If you go to the site, click through to find out what all of that stuff over the Colonel’s left pocket is called.

[disclaimer: my Mother also volunteers at the office when her health permits.]

The red poppies of Flanders fields became a symbol of that war and the veterans that returned from it. Known as Remembrance Day in much of the world, the poppies will be in evidence. Remembrance Day observances have more in common with the American Memorial Day as day to honor those who have died in war.

First called Armistice Day in the United States, the name was changed to Veterans Day, and its purpose changed to honoring those who are serving, or have served in the military. The change was made to avoid a conflict with the existing Memorial Day observance that goes back to the Civil War era.

A heart felt salute to everyone who managed to survive basic training. We can hope that sooner, rather than later, there will be no need for another generation to put on uniforms.

™ ^{[Kevin Drum]}

Bird’s Eye View

Get lost, Camera Boy.

[Editor: If you convert the picture to the gray scale that most animals have, you can see why hiding behind grass blades isn’t as silly as we normally think.]

Friday Ark

United States Marine Corps

1775-2005

Rep. Steve Buyer [R-IN], chairman of the House Veterans Affairs Committee is a graduate of The Citadel, a Lieutenant Colonel and JAG in the Army Reserves, a veteran of Gulf War I, and he cancels a tradition of joint House/Senate meetings with veterans groups. When this practice was started “in G-d” hadn’t made it into the Pledge of Allegiance, and there were 48 stars on the flag.

I can’t imagine why he would think it would be better to have the same witnesses come to Washington for two separate meetings covering the same material. These organizations are non-profits and not exactly flush with cash. Washington DC is not an inexpensive destination and the national officers of the organization almost never live in the area.

Disabled American Veterans’ response is typical of what all the veterans organizations think of this action.

First Jillian and then his hoppiness, skippy, at skippy the bush kangaroo leapt on this, having seen the blurb at Think Progress directing you to the main article at The Hill.

At this rate I expect a “No Pregnant Women in Motels” bill to be introduced on Christmas Eve.

If you have played Sony CDs on your computer lately you need to be extra careful.

As a former Naval officer who was tortured while being held as a prisoner of war in North Vietnam, John McCain opposes any American use of torture. To ensure that all questionable practices are stopped he has added an amendment to an appropriations bill which received 90% support in the Senate.

In a reflexive reaction to anything that looks like Congressional oversight, the White House has threaten to veto the bill and Cheney has tried to get an exemption for the CIA to torture people even though Bush says we aren’t doing it and have never authorized anyone to do it.

Cheney comes down and has a chat with Republicans Senators to convince them that they must exempt the CIA to permit them to use the methods that we aren’t using.

This meeting is followed by an article in The Washington Post about the existence of secret prisons in Eastern European countries, countries like Poland and Romania, where methods we are reassured are not being used might have occurred.

[At this point there is a break during which Moe hits Larry on the head with a hammer after Curly dumped the can of paint on Moe’s head when he is startled by Harpo’s horn.]

Having slept for two years and showing no interest in how wars might have started, the dynamic duo of “Dennis the Demented” Hastert and “Barney” Frist leap into action, demanding an immediate joint investigation of the leak to The Washington Post, but Trent Lott slides up to a microphone, arches his eyebrows several times, removes his cigar and says it was a Republican in the conference room with a Cheney. Pandemonium ensues until the janitor waddles on to the stage in his derby and sweeps up the rubber chickens and feathers.

On a serious note, Atrios wonders if John McCain was lying in an interview on this matter. McCain is a former Naval officer and knows the rules on classified information: even if it is reported in open sources you do not confirm or deny classified information. McCain knows he has made himself a target by his amendment, and doesn’t intend to give them a bigger target.

I would hazard a guess that someone thought that McCain talked to the Post and emerged from his burrow long enough to scare Lou and Bud, excuse me, Hastert and Frist to launch the investigation.

[credits: Clif, John McKay, Jack K., and Laura Rosen]

If these people think they are racking up points with the “Big Guy” by their efforts, they might want to review the “Big Ten”. I would direct their attention specifically to the item about false witness.

As I try not to be totally negative, I will say that this change will be of benefit to students of the bio-sciences in other states vying for positions at universities and medical schools, having all of the competition from Kansas eliminated.

When Thomas Frank tried to explain What’s the Matter with Kansas?, he neglected to mention they were waiting for the return of Zardoz.