Monthly Archives: March 2005

Schiavo Case Almost Led to State Cop v. Local Cop Showdown

According to today's Miami Herald, Jeb Bush ordered state cops to grab Terri Schiavo at a point during the judicial proceedings at which, due to Florida's automatic stay law, such a move would arguably have been if not legal at least not in direct violation of a court order. The automatic stay law suspends a judge's order when the state appeals it. (Judge Greer reimposed his order within a few hours.)

Local cops apparently didn't get the word, or didn't want to go along with the sneaky move, and were prepared to stand off the state cops.

Participants in the high-stakes test of wills, who spoke with The Herald on the condition of anonymity, said they believed the standoff could ultimately have led to a constitutional crisis and a confrontation between dueling lawmen.

“There were two sets of law enforcement officers facing off, waiting for the other to blink,” said one official with knowledge of Thursday morning's activities.

In jest, one official said local police discussed “whether we had enough officers to hold off the National Guard.”

OK. We dodged that bullet. But kindly remind me how many microns separate us from banana republics with warring paramilitary forces.

Posted in Florida | 6 Comments

Why the US Needs to Join the International Criminal Court

I used to think that the US should not join the International Criminal Court because it too greatly intruded on our sovereignty. I am more and more convinced that I had it backwards: we need to join the ICC to save ourselves from ourselves.

The heart of the ICC scheme is a complementarity of jurisdiction: the ICC has jurisdiction only over very serious crimes against humanity such as genocide or war crimes. And even then, only if the crime happened in a signatory state or was committed by a national of a signatory state.

And even then the ICC only has the power to act only if the state with jurisdiction over the alleged criminal is unwilling or unable to genuinely prosecute him.

Which brings me to why the ICC is looking better all the time:

Pentagon Will Not Try 17 G.I.'s Implicated in Prisoners' Deaths: Despite recommendations by Army investigators, commanders have decided not to prosecute 17 American soldiers implicated in the deaths of three prisoners in Iraq and Afghanistan in 2003 and 2004, according to a new accounting released Friday by the Army.

Investigators had recommended that all 17 soldiers be charged in the cases, according to the accounting by the Army Criminal Investigation Command. The charges included murder, conspiracy and negligent homicide. While none of the 17 will face any prosecution, one received a letter of reprimand and another was discharged after the investigations.

This comes on the heels of a bizarre defense offered to Congress by Vice Adm. Albert T. Church III for his report on why no higher-ups are responsible for anything bad:

When pressed to explain why he did not hold anyone accountable for failing to establish clear interrogation procedures in Iraq and Afghanistan, Admiral Church told reporters, “I don't know who you would have assigned responsibility necessarily to do that.”

When our government admits we have killed 27 POWs (something we used to take rather seriously when it was US POWs in the hands of the Vietnamese and the Viet Cong), tortured who knows how many, and then our government says no one is to be held accountable — that's when the case for joining the ICC, as a last-gasp line of defense of our decency — seems at its strongest.

Posted in Law: International Law | 18 Comments

‘Fox Blocker’ Maker Gets Death Threats

You might think that the nice folks who watch Fox News channel on cable would support free enterprise.

Not so.

Sam Kimery is a guy who makes a little $8.95 device the size of a thumb that you screw into your cable supply and which then blocks the Fox channel. If I had a TV, and if I had cable, I might well want one to protect my children.

No one forces you to buy one, no one forces you to install one. And only about 100 people have bought them. But that, and a little news coverage, was enough to bring the Foxers out in force:

Yahoo! News – Man Sells Device That Blocks Fox News: The Tulsa, Okla., resident also has received thousands of e-mails, both angry and complimentary — as well as a few death threats.

“Apparently the making of terroristic threats against those who don't share your views is a high art form among a certain core audience,” said Kimery, 45.

Sounds like something you would read at Orcinus.

Update: What is it with death threats? Couldn't be something in the news, could it?

Posted in The Media | 23 Comments

Important Changes to Your Citizenship Agreement

Slate, Evan Eisenberg: Important Changes to Your Citizenship Agreement – Please read and retain for your records.

Ouch.

Posted in Civil Liberties | 3 Comments

Another Round, Please

Whiskey Bar: My Back Pages.

A must-read if you have been a regular at the Whiskey Bar; still very interesting if you've only visited occasionally. Billmon having gone beyond the the Knight of Faith and even the Knight of Resignation, winds up in a virtual gin joint, mainlining social criticism.

We should all be such existentialists.

Posted in Blogs | Comments Off on Another Round, Please

Be Socratic In Class — Get Sued

It wasn't enough to try to force FSU to open a chiropractic school. According to something called The Independent Florida Alligator, some Republicans in the Florida legislature now have found an even better way to undermine the state University system. It's called H-837 (aka S 2126) [full text below], and has this innocuous title,

An act relating to student and faculty academic freedom in postsecondary education; amending s. 1002.21, F.S.; providing student rights to academic freedom; creating s.1004.09, F.S.; providing a postsecondary student and faculty academic bill of rights; specifying student, faculty, and instructor rights; requiring the dissemination of copies of the act to state universities and community colleges; providing an effective date.

But in fact, as the Alligator summarizes the bill, it's quite remarkably stupid:

TALLAHASSEE — Republicans on the House Choice and Innovation Committee voted along party lines Tuesday to pass a bill that aims to stamp out “leftist totalitarianism” by “dictator professors” in the classrooms of Florida's universities.

The Academic Freedom Bill of Rights, sponsored by Rep. Dennis Baxley, R-Ocala, passed 8-to-2 despite strenuous objections from the only two Democrats on the committee.

The bill has two more committees to pass before it can be considered by the full House.

While promoting the bill Tuesday, Baxley said a university education should be more than “one biased view by the professor, who as a dictator controls the classroom,” as part of “a misuse of their platform to indoctrinate the next generation with their own views.”

The bill sets a statewide standard that students cannot be punished for professing beliefs with which their professors disagree. Professors would also be advised to teach alternative “serious academic theories” that may disagree with their personal views.

According to a legislative staff analysis of the bill, the law would give students who think their beliefs are not being respected legal standing to sue professors and universities.

Students who believe their professor is singling them out for “public ridicule” — for instance, when professors use the Socratic method to force students to explain their theories in class — would also be given the right to sue.

…Professors might have to pay court costs — even if they win — from their own pockets.

The silver lining to this asinine proposal is that the University of Miami, which is a private school, won't be affected. Destroying the public law schools in the state would certainly leave UM as the undisputedly best law school in the state, instead of having to compete with UF and FSU

Continue reading

Posted in Florida | 4 Comments