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The Rule Of Law — Why Now?
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The Rule Of Law

The applicable laws:

Bill of Rights:

Amendment I

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

Amendment IV

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Application to the the states:

Amendment XIV

Section 1.
All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

Federal law:

US Code Title 18 Chapter 13 § 241. Conspiracy against rights

If two or more persons conspire to injure, oppress, threaten, or intimidate any person in any State, Territory, Commonwealth, Possession, or District in the free exercise or enjoyment of any right or privilege secured to him by the Constitution or laws of the United States, or because of his having so exercised the same; or

If two or more persons go in disguise on the highway, or on the premises of another, with intent to prevent or hinder his free exercise or enjoyment of any right or privilege so secured—

They shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill, they shall be fined under this title or imprisoned for any term of years or for life, or both, or may be sentenced to death.

Susie notes that the mayor of Oakland admits “coordination” with other mayors.

The mayors violated the rights of a free press, the right to assemble and petition for redress of grievances, and seized property without warrants. Everyone involved should be arrested and prosecuted. It won’t happen because Zero and his Department of Justice have no interest in the Constitution or prosecuting criminals. Citizens are expected to obey their ‘betters’ and not question the 1%.


1 Kryten42 { 11.15.11 at 10:37 pm }

Nicely done Bryan. 🙂 Even the redneck morons should be able to understand that (maybe even Duffy… I know, it’s a stretch!)

2 Bryan { 11.15.11 at 11:14 pm }

The laws are simple and straightforward because these date from a time before there was an overabundance of lawyers involved in writing them. They mean what they say, and high school graduates should be able to understand them. This isn’t magic or quantum theory, this is common sense.

The problem isn’t that we don’t have laws, it is that we have to rely on politicians to enforce them, and politicians no longer work for the voters.

3 Badtux { 11.16.11 at 1:45 am }

California Penal code requiring all uniformed officers to display badge numbers or name tags. Note that this section of the penal code defines what a “police officer” is. If you are wearing a police uniform but not displaying a badge number, you are not, under California law, a police officer… you’re just a civilian who happens to receive a paycheck from the police force, with no power under California law to make arrests or apply force in order to enforce law.

Which basically means that all those “police officers” in photos like this one who have taped over their badge numbers so that their badge number isn’t displayed really aren’t peace officers as defined by California law — they’re just another California criminal gang imposing gang violence on the people, insofar as California law is concerned. Not that I expect prosecutions anytime soon. Who would arrest them? Who would prosecute them? The same people who sent them out onto the streets to break the law? Hah!

– Badtux the Law Penguin

4 Kryten42 { 11.16.11 at 2:10 am }

this is common sense

And there is your problem (and ours for that matter,) right there! I learned long ago that if you expect *common sense* from people, you’ll usually be disappointed. And it’s worse today than roughly 30 years ago when I began to realize this.

You are lucky for a short while… Prez Zero (to borrow your nic) is over here! There’s a perfect match… Prez Nobama and PM Gallah! OMG! She is sooooooooo stupid, even Nobama can con her!! Gawd ‘elp us! We are doomed!

There is a VERY good reason we kicked the US military presence (I mean, the overt & obvious presence) out of Aus many years ago! And here Gallah is not only allowing the US military back, she’s giving them our bases to use! And for the first time ever, 2,500 US Marines will be stationed here! Jeez! Screw that! If the bloody US want to be here, I’d bloody well charge them at least $1k/sq meter! AND… they can bloody well build their own bases, and have to use Aussie materials and labor! She’s sooooooooo stoopid! I guarantee the RAAF are not at all pleased at having to accommodate US military aircraft (and personnel) on their bases! I bet the US are not gonna be billed to have all the bases modified to suit! And on top of all that! She’s sponsored the USA into the local Asia-Pacific club (even Howard wasn’t stupid enough to do that!)

“I think it well and truly possible for us in this growing region of the world to have an ally in the United States and to have deep friendships in our region, including with China,” Australian Prime Minister Julia Gillard said on Tuesday.

Which just goes to prove she’s a Lawyer and is no different to US politicians! She certainly knows sweet-FA about the history of this region, let alone the complex politics!

Oh! Just for a laugh (for you this time)… One word, ASIO (OK. Acronym)!

Security blunder in Canberra – Obama visit details stored in old van

Amazing aint it! Some things never change, no matter how much they should! *SIGH*

5 Kryten42 { 11.16.11 at 2:22 am }

This pretty much sums it up:

Could anyone have imagined then that China would be the giant it is today? No-one – with the possible exception of Gough Whitlam, who travelled to China in 1971 and met with Zhou En–lai just weeks before Nixon opened his historic dialogue with the Chinese.

Back then China was perceived as a threat – today it is our principal trading partner. That is the reality Australia and the Americans have to recognise. China needs Australia and we need China.

America should not ask us to choose.

Our relationship with the United States remains critically important to us but it must be tempered with the knowledge that our present and future prosperity will be largely dependent on China’s growth.

The American empire which replaced the British empire is in turn starting to recede. The United States will get through its current problems in time, but it will never reassert itself as the sole superpower it has been since the collapse of the Soviet Union.

China will be the next superpower sitting beside the United States – and that means that Australia will have to finesse its relationship with these two great nations.

The easy old slogans like “all the way with LBJ” just won’t cut the mustard any more.

Australia, the US and China: a diplomatic love triangle

6 Badtux { 11.16.11 at 2:54 am }

Chinacan send a man into space today. The United States cannot.

That pretty much says it all about who’s going up, and who’s in decline…

– Badtux the Space Penguin

7 Bryan { 11.16.11 at 11:17 am }

Badtux, I hope that defense attorneys pick up on that, because it will invalidate the arrests of a lot of people. Judges care about those ‘technicalities’, and will be happy to clear their dockets with an excuse like that. I remember an extended discussion over the fact that the NY legislature misspelled a word in a change to the Penal Law.

Hey, Kryten, the Marines have to go somewhere, after being kicked out of Okinawa and Japan for bad behavior. Being south of the Equator will mess with the heads of the navigators, and they might actually have to stay awake for the flights. I wonder about certain systems and how they will be affected.

Yes, Australia should at least be getting the same lease rates as the Kyrgyz, and the Marines should be stationed well away from anything breakable.

8 Steve Bates { 11.18.11 at 9:45 pm }

Regarding the taped-over badge numbers, it took the police weeks to realize the simple fact that almost literally everybody carries in his or her pocket the equivalent of a camera and/or a videocam. Remember when the video of the Rodney King beating caused such a stir and a riot? I’ll bet there are literally hundreds of such videos from Occupy Oakland alone, and the best (i.e., worst) of them are already well-known on the web. There’s a lot of formerly hidden shit that a law officer can’t get away with today.

Oh, for the days when police officers mostly didn’t do things they wouldn’t want video-recorded!

9 Bryan { 11.18.11 at 10:23 pm }

Now they are trying to get laws passed to make it illegal to record cops being jerks. It obviously won’t pass the smell test, but they seem hellbent on doing anything to make themselves unaccountable.

10 Badtux { 11.19.11 at 1:07 am }

Well, 26 journalists (that we know about) have thus far been arrested for covering OWS, so clearly the smell ain’t exactly roses. Funny, that’s the sorta thing Ghadaffi or however you spell his name used ta do, back when he was on this mortal coil I mean ;).

– Badtux the “Something smells” Penguin

11 Bryan { 11.19.11 at 11:57 am }

Back when we had real news reporting, the arresting reporters problem would have trumped everything else. Now you have NYT breaking off its connection to its freelancers who get arrested.

12 Badtux { 11.19.11 at 10:47 pm }

It’s just like the Soviet system, Bryan. If you were arrested, there is no need for a trial before punishing you, because perfect socialism err capitalism would *never* arrest an innocent person. So the NYT must of course cut off contact with these criminals who, uhm, committed the crime of journalism, because, well, because that’s official Soviet doctrine for dealing with those guilty of crime, duh.

– Badtux the Snarky Penguin

13 Bryan { 11.19.11 at 11:34 pm }

Actually, they wouldn’t try you under the Soviet system until you confessed. Purpose of your ‘defense’ counsel was to help you write the confession. If you refused to confessed, you were considered mentally unstable and sent to a psychiatric hospital. The court system hasn’t changed noticeably since the fall of the Soviets.

The media is so corrupt.

14 Badtux { 11.20.11 at 9:09 am }

“If you refused to confess, you were considered mentally unstable” …

meaning that if these streamers got arrested, they’re guilty, and if they refuse to confess their guilt, they’re crazy, either way, the New York Times wants nothing to do with them. Alrighty, then!

– Badtux the Sovok Penguin