Monthly Archives: July 2007

Happy July 4, 2007

IN CONGRESS, July 4, 1776.

The unanimous Declaration of the thirteen united States of America,

When in the Course of human events, it becomes necessary for one people to dissolve the political bands which have connected them with another, and to assume among the powers of the earth, the separate and equal station to which the Laws of Nature and of Nature's God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation.

We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.—That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, —That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness. Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes; and accordingly all experience hath shewn, that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security.—Such has been the patient sufferance of these Colonies; and such is now the necessity which constrains them to alter their former Systems of Government. The history of the present King of Great Britain is a history of repeated injuries and usurpations, all having in direct object the establishment of an absolute Tyranny over these States. To prove this, let Facts be submitted to a candid world.

He has refused his Assent to Laws, the most wholesome and necessary for the public good.
He has forbidden his Governors to pass Laws of immediate and pressing importance, unless suspended in their operation till his Assent should be obtained; and when so suspended, he has utterly neglected to attend to them.

He has refused to pass other Laws for the accommodation of large districts of people, unless those people would relinquish the right of Representation in the Legislature, a right inestimable to them and formidable to tyrants only.

He has called together legislative bodies at places unusual, uncomfortable, and distant from the depository of their public Records, for the sole purpose of fatiguing them into compliance with his measures.

He has dissolved Representative Houses repeatedly, for opposing with manly firmness his invasions on the rights of the people.

He has refused for a long time, after such dissolutions, to cause others to be elected; whereby the Legislative powers, incapable of Annihilation, have returned to the People at large for their exercise; the State remaining in the mean time exposed to all the dangers of invasion from without, and convulsions within.

He has endeavoured to prevent the population of these States; for that purpose obstructing the Laws for Naturalization of Foreigners; refusing to pass others to encourage their migrations hither, and raising the conditions of new Appropriations of Lands.

He has obstructed the Administration of Justice, by refusing his Assent to Laws for establishing Judiciary powers.

He has made Judges dependent on his Will alone, for the tenure of their offices, and the amount and payment of their salaries.

He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance.

He has kept among us, in times of peace, Standing Armies without the Consent of our legislatures.

He has affected to render the Military independent of and superior to the Civil power.

He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation:

For Quartering large bodies of armed troops among us:

For protecting them, by a mock Trial, from punishment for any Murders which they should commit on the Inhabitants of these States:

For cutting off our Trade with all parts of the world:

For imposing Taxes on us without our Consent:

For depriving us in many cases, of the benefits of Trial by Jury:

For transporting us beyond Seas to be tried for pretended offences

For abolishing the free System of English Laws in a neighbouring Province, establishing therein an Arbitrary government, and enlarging its Boundaries so as to render it at once an example and fit instrument for introducing the same absolute rule into these Colonies:

For taking away our Charters, abolishing our most valuable Laws, and altering fundamentally the Forms of our Governments:

For suspending our own Legislatures, and declaring themselves invested with power to legislate for us in all cases whatsoever.

He has abdicated Government here, by declaring us out of his Protection and waging War against us.

He has plundered our seas, ravaged our Coasts, burnt our towns, and destroyed the lives of our people.

He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation and tyranny, already begun with circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.

He has constrained our fellow Citizens taken Captive on the high Seas to bear Arms against their Country, to become the executioners of their friends and Brethren, or to fall themselves by their Hands.

He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless Indian Savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions.

In every stage of these Oppressions We have Petitioned for Redress in the most humble terms: Our repeated Petitions have been answered only by repeated injury. A Prince whose character is thus marked by every act which may define a Tyrant, is unfit to be the ruler of a free people.

Nor have We been wanting in attentions to our Brittish brethren. We have warned them from time to time of attempts by their legislature to extend an unwarrantable jurisdiction over us. We have reminded them of the circumstances of our emigration and settlement here. We have appealed to their native justice and magnanimity, and we have conjured them by the ties of our common kindred to disavow these usurpations, which, would inevitably interrupt our connections and correspondence. They too have been deaf to the voice of justice and of consanguinity. We must, therefore, acquiesce in the necessity, which denounces our Separation, and hold them, as we hold the rest of mankind, Enemies in War, in Peace Friends.

We, therefore, the Representatives of the united States of America, in General Congress, Assembled, appealing to the Supreme Judge of the world for the rectitude of our intentions, do, in the Name, and by Authority of the good People of these Colonies, solemnly publish and declare, That these United Colonies are, and of Right ought to be Free and Independent States; that they are Absolved from all Allegiance to the British Crown, and that all political connection between them and the State of Great Britain, is and ought to be totally dissolved; and that as Free and Independent States, they have full Power to levy War, conclude Peace, contract Alliances, establish Commerce, and to do all other Acts and Things which Independent States may of right do. And for the support of this Declaration, with a firm reliance on the protection of divine Providence, we mutually pledge to each other our Lives, our Fortunes and our sacred Honor.

Posted in Politics: US | 1 Comment

Fireworks at the Padilla Trial

Local federal court uber-blogger (and sometimes cheesecake purveyor) David Marcus points out that the lawyers in the Padilla trial have something to worry about over July 4th:

Southern District of Florida Blog: Dress up day…: In the Jose Padilla trial, jurors showed up today all dressed up. Row one in red. Row two in white. And row three in blue. I'm not kidding.

And this isn't the first time the jury has dressed up. A week back, all of the jurors (save one) wore black.

So what do you make of this. On the one hand, the jury might just be having some fun. This is a long trial and it's not a one hour Law and Order show. It's boring.

Perhaps the jury is unified, which might be a poor sign for the defense. If everyone is thinking the same way at such an early stage, defense lawyers get nervous. Or the prosecution might be concerned because this is obviously a happy jury. Happy juries during a terrorism trial might not be good.

The trial is in recess until next Monday so the lawyers will have plenty of time to make themselves crazy over what all this means.

Meanwhile, the government has put on Dr. Rohan Gunaratna, its most effective expert witness on terrorism — and apparently the Judge has allowed him to avoid testifying about some of his sources and methods, which is slightly odd. He's also been admonished giving an interview during the trial. Which is not Dr. Gunaratna's first experience of official criticism: in 2003 the CIA criticized his accuracy.

Posted in Padilla | 1 Comment

Still Steaming

Paris Hilton went to jail; Scooter walks (scoots?). He can thank the 'Scooter commuter'. Or perhaps the mysterious inhabitant of the fourth branch.

Readings looking for irony may find it chez Atrios (“Inevitably, the subject of Marc Rich comes up every time presidential pardons come up. Without going into all of the issues, can we just remind the world that… Marc Rich's lawyer was Scooter Libby.”) and also at Is That Legal?, which tells the instructive tale of Wilbert Lawrence.

Myself, I'm not looking for irony. Democratic spines would be nice.

Posted in Politics: US: GW Bush Scandals | 1 Comment

The Framers Were Smart

Via a report written and released by the Judiciary Committee in 1974 in the aftermath of the Watergate crisis:

Comments in the state ratifying conventions also suggest that those who adopted the Constitution viewed impeachment as a remedy for usurpation or abuse of power or serious breach of trust. Thus, Charles Cotesworth Pinckney of South Carolina stated that the impeachment power of the House reaches “those who behave amiss, or betray their public trust.”60 … In the same convention George Mason argued that the President might use his pardoning power to “pardon crimes which were advised by himself” or, before indictment or conviction, “to stop inquiry and prevent detection.” James Madison responded:

[I]f the President be connected, in any suspicious manner, with any person, and there be grounds to believe he will shelter him, the House of Representatives can impeach him; they can remove him if found guilty…63

But will they?

Posted in Politics: US: GW Bush Scandals | 3 Comments

When You Have No Shame, There Is No Limit On How Low You Can Go

The administration still hasn't lost its capacity to amaze or to communicate in Newspeak.

It seems that the GW Bush “respects the jury's decision” in the Libby case, but has decided to overturn it — by commuting Libby's jail sentence.

So the good soldier, who took one for team by lying to the Justice Department, walks. His $250,000 fine will undoubtedly be paid by well-wishers or through speaker fees, so the net effect of the sentence is two years of probation and transfer to the talk show circuit.

I admit that when I first saw the headline, I thought it was a joke. But it's real. Statement by the President On Executive Clemency for Lewis Libby (full text after the jump). No matter how low they go, they show they can go lower.

I agree with John Edwards:

“Only a president clinically incapable of understanding that mistakes have consequences could take the action he did today. President Bush has just sent exactly the wrong signal to the country and the world. In George Bush's America, it is apparently okay to misuse intelligence for political gain, mislead prosecutors and lie to the FBI. George Bush and his cronies think they are above the law and the rest of us live with the consequences. The cause of equal justice in America took a serious blow today.”

And with Nancy Pelosi:

“The President's commutation of Scooter Libby's prison sentence does not serve justice, condones criminal conduct, and is a betrayal of trust of the American people.

“The President said he would hold accountable anyone involved in the Valerie Plame leak case. By his action today, the President shows his word is not to be believed. He has abandoned all sense of fairness when it comes to justice, he has failed to uphold the rule of law, and he has failed to hold his Administration accountable.”

Harry Reid:

“The President's decision to commute Mr. Libby's sentence is disgraceful. Libby's conviction was the one faint glimmer of accountability for White House efforts to manipulate intelligence and silence critics of the Iraq War. Now, even that small bit of justice has been undone. Judge Walton correctly determined that Libby deserved to be imprisoned for lying about a matter of national security. The Constitution gives President Bush the power to commute sentences, but history will judge him harshly for using that power to benefit his own Vice President's Chief of Staff who was convicted of such a serious violation of law.”

Note that Libby's sentence was not excessive. It was within the (now non-binding) sentencing guidelines — and that Libby didn't take responsibility for his crime. Which gives him a great deal in common with his bosses.

Note also that by commuting but not pardoning Bush (1) ensures that Libby won't talk to prosecutors in the hopes of getting a lighter sentence; and (2) ensures that Libby retains the right to take the 5th is questioned by prosecutors or by Congress (modulo immunity…)

And finally, please note that, as the Poor Man reminds us, Gov. GW Bush presided over 152 executions in Texas and never commuted a single one. At the time he said,

I don't believe my role [as governor] is to replace the verdict of a jury with my own, unless there are new facts or evidence of which a jury was unaware, or evidence that the trial was somehow unfair.

[UPDATE: an astute commentator ('The Editors') corrects me regarding Bush's Texas record: then-Gov. Bush did commute one death sentence but for which the execution total would have been 153. I didn't know that and I am grateful for the correction.]

As Howard Dean said,

“Once again President Bush and the GOP have undermined a core American value: equal justice under the law for every American. By commuting this sentence, President Bush is sending a clear message that the rules don't apply to the Bush White House or loyal Republican cronies. After promising that anyone who violated the law would be 'taken care of,' President Bush instead handed Scooter Libby a get out of jail free card. Though Libby was convicted by a jury of lying about a matter of national security, President Bush is sparing him the consequences ordinary Americans would face. This conviction was the first moment of justice in a Bush Administration void of accountability. It's a sad day for America when the President once again puts protecting his friends ahead of equal justice under the law.”

Continue reading

Posted in Politics: US: GW Bush Scandals | 4 Comments

Second Life Simulation

Clever YouTubers have simulated the experience of being in Second Life in real life.

Posted in Virtual Worlds | 1 Comment