Should 9/11 suspects be tried in New York?

Quotes of the Day:

The Question:

Should the 9/11 suspects go on trial in New York?

Quotes and Comments:

• “What the Obama administration is telling us loud and clear is that both in substance and reality the war on terror from their point of view is over,” Mr. Giuliani said on “Fox News Sunday.” “This seems to be an overconcern with the rights of terrorists and a lack of concern for the rights of the public.”

Why is Mr Giuliani so worried?

Related Links:

• US Govt
• 8th Anniversary of 9/11 Terrorist Attacks

 

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Nader’s Open Letter to Obama

In the Public Interest
January 9, 2009

Dear President-Elect Obama:

You have been receiving a great deal of advice since November 4, 2008 from people and groups who either want you to advance policies not covered in your campaign or who want you to be more specific about initiatives you emphasized.

There are two suggestions which may not be among your store of recommendations that need to be considered before you take office on January 20, 2009.

First, the public would benefit from a concise recounting of the state of the union and where the Bush Administration has left our country. As is your style, you can render such a bright line of serious problems inside and outside the government in a matter-of-fact manner. Otherwise, a blurring of who was responsible for what can taint your presidency.

Second, you need to make a clean break from the Bush regime’s law of rule to our declared commitment to the rule of law as in the firm adherence to constitutional requirements and statutory and treaty compliance. There is a Bush-Cheney stream of criminal and unconstitutional actions which are on auto-pilot day after day. You have pointed out some of these abominations such as a policy and practice of torture and violations of due process and probable cause. The task before you is to break these daily patterns just as soon as you ascend to the Presidency or be held increasingly responsible for them. This can be significantly accomplished by executive orders, agency or departmental directives, whistle-blower protections, enforcement actions and explicit legislative proposals.

With Americans wishing you well in this most portentous of times, the last thing they want to see is you tarnished by the preceding rogue regime and its ruthless monarchical forays. To avoid this contagion of power over law and its contiguous accountabilities at a time when you are striving for a “clean slate” administration, you must be decisive and eschew any excessive harmony ideology which has seemed to be your nature vis-à-vis those who are powerful but are opposed to your views.

One possible impediment to your making a comprehensive clean break for restoring the rule of law is that you have too easy an act to follow. There are a long list of violated civil liberties that need to be restored (the American Civil Liberties Union has compiled a list of immediate actions for you to take), and resolute commitments must be made so that it is clear the United States, for example, will not engage in, or countenance, torture. Only a few restorations, however, would produce a sense of relief and flurry of accolades — but they are hardly sufficient.

There are also regulations and interpretations of statutes that scholars believe to have been erroneous as a matter of law. As one guide for your new era of overdue regulation or reregulation—given the corporate wrongdoing these days—you may wish to refer to the Center for Progressive Reform’s report By the Stroke of the Pen.

The Bush lawlessness and state terrorism are like a contagious disease. If you do not remove their sprawling incidence, you will become their carrier. This means you must move fast to eject the mantle of war criminality and repeated unconstitutional outrages committed in the name of the American people here and abroad.

Sincerely,

Ralph Nader

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Restoring the Constitution

In The Public Interest
by Ralph Nader

Barack Obama is receiving lots of advice from many people these days about the collapse of Wall Street, the sinking economy and the quagmire wars he will inherit from the Bush regime. However, there is one important matter that he alone can address with his legal training and the sworn oath he will take on January 20 to uphold the Constitution. That phenomenon is the systemic, chronic lawlessness and criminality of the Bush/Cheney regime which he must unravel and stop.

To handle this immense responsibility as President, he needs to bring together a volunteer task force of very knowledgeable persons plus wise, retired civil servants to inventory the outlaw workings of this rogue regime.

Much is already known and documented officially and by academic studies and media reporting. In the category of “high crimes and misdemeanors”, are

(1) the criminal war—occupation of Iraq,
(2) systemic torture as a White House policy,
(3) arrests of thousands of Americans without charges or habeas corpus rights,
(4) spying on large numbers of Americans without judicial warrants and
(5) hundreds of signing statements by George W. Bush declaring that, he of the unitary presidency, will decide whether to obey the enacted bills or not.

To its everlasting credit, the conservative American Bar Association sent to President Bush three reports in 2005-2006 concluding that he has been engaged in continuing serious violations of the Constitution. This is no one-time Watergate obstruction of justice episode ala Nixon that led to his resignation just before his impeachment in the House of Representatives.

Nearly two years ago Senator Obama, contrary to what he knows and believes, vigorously came out against the House commencing impeachment proceedings. It would be too divisive, he said. As one of one hundred Senators who might have had to try the President and Vice President in the Senate were the House to impeach. He should have kept impartial and remained silent on the subject.

As President, he cannot remain silent and do nothing, otherwise he will inherit the war crimes of Mr. Bush and Mr. Cheney and become soon thereafter a war criminal himself. Inaction cannot be an option.

Violating the Constitution and federal laws is now routine. What is routine after awhile becomes institutionalized lawlessness by official outlaws.

Domestic Policy abuses are also rampant. Just what are the limits of the statutory authority of the U.S. Treasury Department or the government within a government funded by bank assessments known as the Federal Reserve?

Don’t read the $750 billion bailout law for any answers! The Speaker of the House, Nancy Pelosi and the Majority Leader of the Senate, Harry Reid just sent a letter to Bush asking whether the White House believes the bailout law could be interpreted to save not just the reckless banks, but also the grossly mismanaged Big Three auto companies in Michigan.

Didn’t Congress know what they were or were not authorizing? Or did the stampede started by the demanding Bush result in blanket, or panicked ambiguity by a cowardly Congress?

This week, the Washington Post front paged an article that the Treasury Department unilaterally gave the banks a tax break that was estimated to be worth a staggering $140 billion. Just like that! Fiat! The Post reported that impartial legal experts flatly declared such a decision to be without statutory authority which means the Bush regime usurped the constitutional authority of Congress in matters of taxation and basically took out a 22 year old law enacted by Congress. Not to be outdone, on the same day, the lead article in the New York Times reported a four-year-old Bush doctrine allowing Special Forces and other armed force to pursue terrorists in any country in the world. The Times specified incursions at will into Syria, Iran, Somalia, Pakistan and other countries.

Such violations of national sovereignty without formal declarations of war or through formal interventions by the United Nations are violations of international law. The Bush government answers this assertion by its open-ended, totally self-defined, right of “self-defense” under the UN Charter. The same self-determining argument can be made by covert terrorists or covert actions by adversarial governments. This is an example of make-up-your-own international law to suit your own covert operations.

As a country that has the most to lose from the shredding of international law and order, the United States under Bush is giving many IOUs to revenge-minded suicidal adversaries. They can simply to their mass audiences say, if the U.S. can do anything it wants, why shouldn’t they?

It has been widely reported that the Justice Department under Mr. Ashcroft and Mr. Gonzalez epitomized contempt for compliance with the laws regarding civil liberties, due process and politically interfering with U.S. Attorneys.

Less publicized was its refusal to enforce the laws routinely transgressed by the corporate patrons of the White House—such as environmental crimes, consumer fraud, and anti-trust violations.

Obama has tools to restore law and order by the government itself. The Bully Pulpit. Ordering departmental directives. Issuing Executive Orders. Requesting legislation. Highlighting the integrity of the subdued and buffeted federal civil service which, with its oath of office, deserves far more effective whistleblowing protection laws.

The ACLU has just released: “Actions For Restoring America: How to Begin Repairing the Damage to Freedom in America After Bush.” Mr. Obama would do well to use this important report as blueprint for restoring faith in the U.S. Government’s commitment to the Constitution (see http://www.aclu.org/transition/). A second report titled: “Protecting Public Health and the Environment by the Stroke of a Presidential Pen by the Center for Progressive Reform suggests several Executive Orders that Mr. Obama could sign to advance important health, safety and the environment goals (see http://www.progressivereform.org/).

Barack Obama taught constitutional law at the University of Chicago. Let’s have it operate out of the Obama White House. And the time to start laying the groundwork is now! [Emphasis added.]

END

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