Thomas Paine

To argue with a person who has renounced the use of reason is like administering medicine to the dead.

Thursday, September 30, 2010

30 Sept - Late Links

A sergeant mounted on a reconnaissance vehicle...Image via Wikipedia

Dumb Looks Still Free
Con Man Universe Description

Stepping up in scale is the Bank of NY penetration by the Red Mafia that started in the early 1990's with the collapse of the USSR.  In the post-USSR set of Republics there was a lack of hard currency as the Soviet Ruble was worthless.  Yet there were still factories, mines, and a population that could work if you could do the minimal and guarantee food for them.  Those able to get hard cash, or even work out barter systems between ore, finished goods and food gained control of the means of production as they became available.  Approximately one-third of that fell into criminal enterprises which were set up by an internal group of operatives assisted by the financier on the lamb, Marc Rich (the from previous articles on the Red Mafia, in particular this one on international finances).  Again the Rubes set up the system (the Russian government) for the Con Men to operate and once they were able to sell goods and ore for hard cash, they immediately went into procuring banks and over-seas accounts.  To get around foreign investment transaction oversight required penetrating western financial institutions, which was done via the Bank of NY (my lengthy article on that is here).  In short being able to get a couple of Plants into the BoNY system allowed for other operatives from the Red Mafia to utilize a money laundering system on a global scale that would process approximately $70 billion through it in less than ten years, and more like 7 years.  The fraud became apparent when one of the side operators (only a side operator in this area, but a major player in Russia) Semion Mogilevitch who was part of the YBM/Magnex fraud scheme that took place in the Canadian and US commodities market for permanent magnets.  That securities fraud funneled money through the BoNY and into a system of trade and transactions that still has not been teased out.

In this case the fraud system is so large, and the fronts operating with legitimacy via the legal framework in Russia and exploiting the nature of the capital and commodities markets in the west, that no one can even be sure if the fraudulent transactions have actually stopped.  When billions of dollars go into transactions for aluminum or steel, who will notice a few hundred million more in fraud bundled in with it?  


Slavery or Freedom?
http://www.theflucase.com/index.php?option=com_content&view=article&id=358%3Aapplying-for-injunctions&catid=42%3Arokstories〈=en
If history is anything to go by, just three per cent of us taking decisive action will be enough to stop dictatorship being established in Europe and the USA and resurrect the real democracy.
....A totalitarian structure is already established that will allow the president/dictator to soon just click his fingers in a monumental building for armies to instantly march into apocalyptic wars, millions of people to be taken from their homes to FEMA camps, because food and water will be cut off from whole regions leaving many more millions to die as the elite’s depopulation program gets underway.
The elite's contempt for human beings is being paraded before our eyes everyday. We see the brutal spectacle of torture, wars and famine affecting millions of people on TV, desensitizing us to the ghastly suffering of so many people today.

There is, indeed, a depressing similarity between totalitarian structures emerging today, the atmosphere of terror, the prevalent nihilism and Nazi Germany, Stalin’s Soviet Union and Mao Tse Tung’s Communist China.

In the meantime, we know these totalitarian structures with the same features did not appear in different regions around the world accidentally.

Full Report: The Economic Elite Vs. The People of the United States of America
http://ampedstatus.com/full-report-the-economic-elite-vs-the-people-of-the-united-states-of-america#comment-225616

The article covers the following topics:

I: Casualties of Economic Terrorism, Surveying the Damage

II: The Rise of the Economic Elite

III: Exposing Our Enemy: Meet the Economic Elite

IV: The Financial Coup d’Etat 

V: Overcoming the Divide and Conquer Strategy

VI: How to Fight Back and Win: Common Ground Issues That Must Be Won

Quotes from the report:
“It has now become evident to a critical mass that the Republican and Democratic parties, along with all three branches of our government, have been bought off by a well-organized Economic Elite who are tactically destroying our way of life. The harsh truth is that 99% of the US population no longer has political representation. The US economy, government and tax system is now blatantly rigged against us.”

“In our nation’s history, the stakes have never been higher. It is vital that we recognize the urgent gravity of the situation. What happens over the next few years will determine the fate of our very way of life, of our families’ very existence. We have been attacked, and we are now at war. This is the unfortunate reality of our current crisis.”

Henry Red Cloud of Oglala Lakota Tribe on Native American Anti-Nuclear Activism, Uranium Mining, and the Recession’s Toll on Reservations
http://www.democracynow.org/2010/9/30/henry_red_cloud_of_oglala_lakota
HENRY RED CLOUD: Great-great-grandfather, Mahpíya Lúta, spoke 140 years ago. His speech then was of how the light-skinned people could help his children to prosper. And through his vision, through his dream, that upon seven generations from where he stood, his people will again be living in harmony and balance, which brings me to what I’m doing today with the renewable energy.
For the past six years, we have been building this solar air heating system. We have taken a 1970s concept, implemented twenty-first century material, and then tweaked it Lakota style, and we came up with a money-saving, efficient air heater, which saves, you know, 30 percent of your heating costs over its lifespan of twenty-plus years, so...



former irb showler excoriates jason kenney and current cic policy
http://wmtc.blogspot.com/2010/09/former-irb-showler-excoriates-jason.html
Peter Showler, former head of the Immigration and Refugee Board, currently director the Refugee Forum, a human rights education centre at the University of Ottawa, wrote an open letter to CIC Minister Jason Kenney.

It was published in Embassy magazine.

.....On July 22 of this year, Citizenship and Immigration Canada (CIC) sent a directive to all Immigration Officers in Canada that sets a basic principle of refugee law on its head. The directive, Operational Bulletin 202, concerns the processing of military deserters who claim refugee status in Canada. The first paragraph of the directive sets out the following line of logic:

    Military deserters from other countries have sought refugee protection in Canada. Desertion from the Canadian military is a serious criminal offence. Therefore these deserters may also be serious criminals and therefore inadmissible to Canada.
Conscientious objection to military service, whether by draft resisters or deserters, is a widely recognized ground for granting refugee protection, both in Canada and internationally. Over the years, hundreds of conscientious objectors have been given protection although not all deserters or draft resisters are accepted as refugees. The facts of each individual case are considered, particularly: the motives and sincerity of the claimant, the legality or illegality of the military exercise they are seeking to avoid, and the possibility of excessive punishment or discriminatory prosecution. These are all facts and issues of law to be decided by a member of the Immigration and Refugee Board (IRB) after hearing the claimant’s testimony and evidence. It is fundamentally wrong-headed and a violation of the UN Refugee Convention to suggest that deserters are automatically inadmissible to Canada before hearing their claim because desertion is an offence in their own country.
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Law

1871, February 21: Congress Passes an Act to Provide a Government for
the District of Columbia, also known as the Act of 1871.
With no constitutional authority to do so, Congress creates a separate form of
government for the District of Columbia, a ten mile square parcel of land (see,
Acts of the Forty-first Congress," Section 34, Session III, chapters 61 and 62).
The act -- passed when the country was weakened and financially depleted in
the aftermath of the Civil War -- was a strategic move by foreign interests

(international bankers) who were intent upon gaining a stranglehold on the
coffers and neck of America. Congress cut a deal with the international bankers
(specifically Rothschilds of London) to incur a DEBT to said bankers.


 

Suspected TerroristHabeas Corpus (1928 film)Image via WikipediaImage by Kevin Krejci via Flickr

This collection went to the mysterious Never-Never during Editing when an interruption in connectivity struck. This is a reworked earlier copy.

I started this list thinking of the 'legal position' of government when the law was blatantly flouted during the Bush/Cheney administration....calling it that's being complimentary. Torture was engaged in before the Get Out of Jail Free card was actually enacted in Congress.

Act of 1871   PDF




American Civil Liberties UnionImage via Wikipedia
 And a 'sensitive' international protocol 'enables' the process of violating international conventions regarding oft advertised - seldom seen 'human rights'.....perhaps because these agree to kill prosecutions of persons culpable under any such laws.

AMICC: Bilateral Immunity Agreements BIA

Bilateral Immunity Agreements (BIA) are an important aspect of the Bush Administration's policy towards the ICC. Each BIA represents an effort by the Bush ...
www.amicc.org/usinfo/administration_policy_BIAs.html
[PDF]

Status of US Bilateral Immunity Agreements by region - STATUS OF ...

File Format: PDF/Adobe Acrobat - Quick View
STATUS OF US BILATERAL IMMUNITY AGREEMENTS (BIAs). As of 11 December 2006, the U.S. State Department reports 102 agreements; 100 are listed here. OVERVIEW ...
www.iccnow.org/documents/CICCFS_BIAstatus_current.pdf

The United States, the International Criminal Court, and Bilateral ...

However, the decision by many Latin American and small Caribbean states to refuse to sign a bilateral immunity agreement with the United States in the face ...
www.allacademic.com/meta/p69961_index.html
GWB was at pains to repeatedly deny that the United States tortured. This while showing pictures of prisoners restrained in stress positions, kneeling and hooded. And then there are the reports from Abu Ghraib detailing how the professional interrogators were dismissed from being in charge and amateur hour was the activity 'authorized.' More of the same came out of Guantanamo, Bagram and secret CIA 'facilties' in foreign countries and even on ships.
And what was the rationale for 'water torture' in the style of the Salem witch trails or Torquemada's prosecutions in the Spanish Inquisition ? A TV series - '24' - pumping the propaganada of a never seen 'ticking time bomb' scenario and rebranding the process as 'waterboarding'...where permanent injuries occur within the body, not on the skin.
Torture...gets people to 'confess' to anything. That's why such statements are inadmissable in court...just like any other  'fairy tales.'


Antiterrorism and Effective Death Penalty Act of 1996
passed with broad bipartisan support by Congress (91-8-1 in the United States Senate, 293-133-7 in the House of Representatives) following the Oklahoma City bombing
The AEDPA had a tremendous impact on the law of habeas corpus in the United States. One provision of the AEDPA limits the power of federal judges to grant relief unless the state court's adjudication of the claim resulted in a decision that was

   1. contrary to, or involved an unreasonable application of clearly established federal law as determined by the Supreme Court of the United States; or
   2. based on an unreasonable determination of the facts in light of the evidence presented in the state court proceeding.
AEDPA enacted special review provisions for capital cases from states that enacted quality controls for the performance of counsel in the state courts in the post-conviction phase in state court. States that enacted these quality controls would see strict time limitations enforced against their death-row inmates in federal habeas proceedings coupled with extremely deferential review to the determinations of their courts regarding issues of federal law.
Other provisions of the AEDPA created entirely new statutory law. For example, before AEDPA the judicially created abuse-of-the-writ doctrine restricted the presentation of new claims through subsequent habeas petitions. The AEDPA replaced this doctrine with an absolute bar on second or successive petitions. Petitioners who attempted to bring claims in federal habeas proceedings that have already been decided in a previous habeas petition would find those claims barred. Additionally, petitioners who had already filed a federal habeas petition were required to first secure authorization from the appropriate federal court of appeals. Furthermore, AEDPA took away from the Supreme Court the power to review a court of appeals's denial of that permission, thus placing final authority for the filing of second petitions in the hands of the federal courts of appeals.

Criminal Injustice
http://www.thirdworldtraveler.com/Prison_System/LegislatingRepression.html
Crime, whether real or imagined, serves a variety of interests in U.S. society. Crime is a commodity that gets politicians elected, creates millions of jobs, and yields enormous profits to news media conglomerates, who compete to report the most heinous crimes. Television, especially, is Washington's propaganda dispenser. And to keep the public from rejecting draconian legislation such as the Violent Crime Control and Law Enforcement Act of 1994 and the Anti-Terrorism and Effective Death Penalty Act of 1996, the public was force-fed a dosage of tabloid crimes that would convince them to not only accept but embrace such legislation-even if that meant forfeiting basic constitutional rights.
For many, the Violent Crime Control and Law Enforcement Act of 1994 (known as the Crime Bill) represents one victory in the continuing battle to counter the supposed escalation of crime over the past three decades. This reasoning suits the interests of lawmakers who use crime as an election springboard. However, it contradicts reality. As David Burnham points out in his book Above the Law, "during the whole twenty-year period that presidents from Nixon to Clinton were agitating the public about the national crime menace, the best available evidence shows American people were actually experiencing less and less crime.'' If crime rates have actually been decreasing over the past 30 years, then why is the United States incarcerating more people (1.5 million) than ever before? One answer to that question can be found within the provisions of the Crime Bill legislation.
.....HR 666 permits the police to search your property without a warrant under protection of a "good faith" rule: if the police think they could have obtained a warrant, an exception will be made. Have law enforcement officers exhibited behavior in the past that would reasonably lead the public to believe that they would act in "good faith"? Ironically, the bill itself lacks good faith, since it uses a double standard; this law is enforced in drug cases, but not in cases involving gun trafficking or tax crimes.
The largest single allocation in the Violent Crime Control and Law Enforcement Act of 1994 is for prison construction, which has little to do with crime prevention, revealing the true motives of the bill's sponsors. Apparently the idea of crime prevention is not a viable alternative for the authors of the Crime Bill-even though it would cost society a great deal less. The Grants for Prison Construction Based on Truth-in-Sentencing (Title V) authorizes $10.5 billion to be spent in rising increments over six years ($232 million in 1995, $997.5 million in 1996, $1.3 billion in 1997, $2.5 billion in 1998, $2.7 billion in 1999, and $2.3 billion in 2000). The Crime Bill is intended to increase the growth of prison construction, not decrease crime.


William J. Clinton
Statement on Signing the Antiterrorism and Effective Death Penalty Act of 1996
April 24, 1996

http://www.presidency.ucsb.edu/ws/index.php?pid=52713



.....This bill also makes a number of major, illadvised changes in our immigration laws having nothing to do with fighting terrorism. These provisions eliminate most remedial relief for longterm legal residents and restrict a key protection for battered spouses and children. The provisions will produce extraordinary administrative burdens on the Immigration and Naturalization Service. The Administration will urge the Congress to correct them in the pending immigration reform legislation.

I also regret that the Congress included in this legislation a commission to study Federal law enforcement that was inspired by special interests who are no friends of our Nation's law enforcement officers. The Congress has responsibility to oversee the operation of Federal law enforcement; to cede this power to an unelected and unaccountable commission is a mistake. Our Nation's resources would be better spent supporting the men and women in law enforcement, not creating a commission that will only get in their way.

I hope that there will be an opportunity to revisit these and other issues, as well as some of the other proposals this Administration has made, but upon which the Congress refused to act. 



The Federal Death Penalty
http://deathpenaltycurriculum.org/student/c/about/history/history-9.htm
The Act, which affects both state and federal prisoners, restricts review in federal courts by establishing tighter filing deadlines, limiting the opportunity for evidentiary hearings, and ordinarily allowing only a single habeas corpus filing in federal court. Proponents of the death penalty argue that this streamlining will speed up the death penalty process and significantly reduce its cost

Answers   Wikipedia on Answers.com:
Antiterrorism and Effective Death Penalty Act of 1996

 The Democrats and the Death Penalty
http://www.isreview.org/issues/06/dems_death.shtml




HABEAS CORPUS
THE MOST EXTRAORDINARY WRIT

http://www.habeascorpus.net/asp
Habeas Corpus is an ancient common law prerogative writ - a legal procedure to which you have an undeniable right. It is an extraordinary remedy at law. Upon proper application, or even on naked knowledge alone, a court is empowered, and is duty bound, to issue the Extraordinary Writ of Habeas Corpus commanding one who is restraining liberty to forthwith produce before the court the person who is in custody and to show cause why the liberty of that person is being restrained. Absent a sufficient showing for a proper restraint of liberty, the court is duty bound to order the restraint eliminated and the person discharged. Habeas Corpus is fundamental to American and all other English common law derivative systems of jurisprudence. It is the ultimate lawful and peaceable remedy for adjudicating the providence of liberty’s restraint. Since the history of Habeas Corpus is predominately English we must visit that history to gain understanding of American use of Habeas Corpus.
ENGLISH HISTORY OF HABEAS CORPUS: The history of Habeas Corpus is ancient. It appears to be predominately of Anglo-Saxon common law origin. Clearly, it precedes Magna Carta in 1215. Although the precise origin of Habeas Corpus is uncertain in light of it’s antiquity, its principle effect was achieved in the middle ages by various writs, the sum collection of which gave a similar effect as the modern writ. Although practice surrounding the writ has evolved over time, Habeas Corpus has since the earliest times been employed to compel the appearance of a person who is in custody to be brought before a court. And while Habeas Corpus originally was the prerogative writ of the King and his courts, the passage of hundreds of years time has permitted it to evolve into a prerogative writ initiated by the person restrained, or someone acting in his interest rather than by the King or his courts. Magna Carta obliquely makes reference to Habeas Corpus through express reference to “the law of the land”. From Magna Carta the exact quote is: “...no free man shall be taken or imprisoned or disseised or exiled or in any way destroyed except by the lawful judgment of their peers or by the law of the land.”
Responding to abusive detention of persons without legal authority, public pressure on the English Parliament caused them to adopt this act, which established a critical right that was later written into the Constitution for the United States.


















Habeas Corpus Act

1679


http://www.constitution.org/eng/habcorpa.htm
War Criminals Watch - News
The American Legislative Exchange Council (ALEC) is a 501 (c) (3) not-for-profit organization (reporting about $6.5 million in annual revenue in recent years) which claims more than 2,000 (roughly one third) of the nation’s state-level lawmakers as members.  

According to the group’s promotional material, ALEC’s mission is to “advance the Jeffersonian principles of free markets, limited government, federalism, and individual liberty, through a nonpartisan public-private partnership of America’s state legislators, members of the private sector, the federal government, and general public.”

ALEC currently claims over 250 corporations and special interest groups as private sector members.
Hat Tip Lindsay Beyerstein
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30 September - Blogs I'm Following

A photograph taken of Monument Valley, Navajo ...Image via Wikipedia

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