Archive for the 'Law' Category

Ex Parte Milligan

Posted in Public Affairs, Terrorism, war, wordpress, Politics, disclosure, ethics, United States, Law, Justice, Opinion, Legislation, Supreme Court on August 18th, 2010 by Stanford Matthews

camp xray

While reviewing some documents on the four American presidents who were assassinated at least one fact unknown to this blogger was revealed. I was reading about President Garfield because he was the one of the four about which my memory was the least clear. And it was the initial reason for conducting the search.

The senseless act of violence known as assassination defined as the murder of a public figure not only reminds us of how depraved humans can be but how senseless the perpetrator is.

Garfield had little time to savor his triumph. He was shot by Charles J. Guiteau, disgruntled by failed efforts to secure a federal post, on July 2, 1881, at 9:30 a.m. The President had been walking through the Sixth Street Station of the Baltimore and Potomac Railroad (a predecessor of the Pennsylvania Railroad) in Washington, D.C.. Garfield was on his way to his alma mater, Williams College, where he was scheduled to deliver a speech, accompanied by Secretary of State James G. Blaine, Secretary of War Robert Todd Lincoln (son of Abraham Lincoln[25]) and two of his sons, James and Harry.

Were it not for this despicable act the setting described above suggests a pleasant situation not likely a regular routine during anyone’s presidency. Further reading provided a glimpse of how history and the lives of presidents dramatically impact a nation and its citizens. And occasionally how they impact those who are not citizens.

Garfield was one of three attorneys who argued for the petitioners in the famous Supreme Court case Ex parte Milligan (1866). The petitioners were pro-Confederate northern men who had been found guilty and sentenced to death by a military court for treasonous activities. The case turned on whether the defendants should, instead, have been tried by a civilian court. Garfield went on to plead other cases before the high court, but none was as high profile as his first argument before the Supreme Court in Milligan.

President Lincoln has been criticized by some for his suspension of habeas corpus. Before James A. Garfield was president he was involved in Ex Parte Milligan as described in the preceding paragraph. And of course Presidents George Bush (43) and Barack Obama have been in the center of the controversy over those held at the military facility at Guantanamo Bay, Gitmo, and whether the trials should be military tribunal or held in civilian court.

The first case to be tried in civilian court is presently being determined. Which causes this blogger to present the following excerpt from Ex Parte Milligan. It has to do with the notion of Lincoln suspending habeas corpus as viewed by the Supreme Court in 1866.

An armed rebellion against the national authority, of greater proportions than history affords an example of, was raging, and the public safety required that the privilege of the writ of habeas corpus should be suspended. The President had practically suspended it, and detained suspected persons in custody without trial, but his authority to do this was questioned. It was claimed that Congress alone could exercise this power, and that the legislature, and not the President, should judge of the political considerations on which the right to suspend it rested. The privilege of this great writ had never before been withheld from the citizen, and, as the exigence of the times demanded immediate action, it was of the highest importance that the lawfulness of the suspension should be fully established. It was under these circumstances, which were such as to arrest the attention of the country, that this law was passed. The President was authorized by it to suspend the privilege of the writ of habeas corpus whenever, in his judgment, the public safety required, and he did, by proclamation, bearing date the 15th of September, 1863, reciting, among other things, the authority of this statute, suspend it. The suspension of the writ does not authorize the arrest of anyone, but simply denies to one arrested the privilege of this writ in order to obtain his liberty.

This blogger by no means suggests any personal expertise in matters of law. But the passage above seems to indicate the court agreed on Lincoln’s right to suspend habeas corpus. That would seem to indicate a current suspension would be valid also. And in much of the content of the court’s opinion in Ex Parte Milligan there seems to be a recurring theme.

The rights and rule of law are being considered in terms of citizens. That is to say it seems the discussion centers around the rights of citizens and not non-citizens. It seems to me that those confined at Gitmo are seeking their ‘liberty’ by a process not afforded them under US law. And that those who support their ‘civilian’ day in court are co-conspirators.

That’s just my humble opinion.

Stanford Matthews
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Judge Vaughn Walker’s Personal Preference

Posted in Public Affairs, wordpress, Politics, disclosure, ethics, Law, Justice, Legislation on August 12th, 2010 by Stanford Matthews

justice is blindLeave it to the Politico. While appearing to report on reaction to Judge Vaughn Walker’s ruling on Prop 8 the Politico apparently could not resist, like Walker, in allowing their personal opinion to be embedded in the article. More about that later but what did House conservatives say about the ruling?

Rep Lamar Smith of Texas said, ‘Legalizing an alternative form of marriage dilutes a long-standing and widely accepted standard of marriage as a union between a man and woman. We should adhere to such standards rather than undertake a massive social experiment with perhaps unknown consequences.’

Rep Michele Bachmann of Minnesota said, ‘This is yet one more example of a judge substituting his moral pronouncement under the guise of constitutional law, and I think that’s what people are upset about.’

Rep Steve King of Iowa was not quoted. Rep John Fleming is from Louisiana.

Fleming said he and his fellow conservatives were expressing their genuine displeasure with the ruling.
“I know that these people on the platform for me, we would be up here today if this were unpopular to have this resolution,” he said.”We’ve run no polls. We’ve not discussed this with our leadership. This has to do with our belief in our commitments and it also has to do with the Constitution of the United States.”

The resolution Fleming mentions is a symbolic gesture opposing Walker’s ruling against Prop 8.

Here’s the Politico getting their jab in.

Walker’s ruling was hailed as a step forward for civil rights, though conservative groups said they looked forward to an appeal.

Once again this issue involves homosexual marriage and there is nothing ‘gay’ about it. In terms of civil rights a fallacy exists also. Homosexual marriage and related issues are simply special interest attempts to get special treatment. As for equal protection if a homosexual wants to get married they need a spouse of the opposite sex just like everyone else.

Stanford Matthews
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Liberal Love for Illegal Immigration

Posted in Terrorism, wordpress, Immigration, Tancredo, liberal, News Media, United States, Law, Justice, Border Control, Legislation, Mexico, Blogs4Borders on August 3rd, 2010 by Stanford Matthews

Mexico supports illegal immigration to the US

A new Rasmussen Reports telephone survey of Arizona voters, taken after the ruling was issued, finds that 66% still favor the recently passed immigration law. Twenty-seven percent (27%) are opposed. Support for the law is unchanged from when it was first passed in April.

By a 59% to 34% margin, Arizona voters disagree with Judge Susan Bolton’s decision to block implementation of some parts of the law.

Not surprisingly, voters favor Governor Jan Brewer’s decision to appeal the ruling by a 59% to 29% margin. Brewer has risen in popularity since signing the law and is now well ahead in the Arizona governor’s race.

Nationally, 59% of voters support passage of a law like Arizona’s in their own state, and 50% disagree with the judge’s ruling.

It is extremely rare that this blog author watches television. Before last Sunday I can only guess that it has been many months with the exception of the occasional online news video featured on this blog. So what was the attraction to listen to Meet the Press this week?

I couldn’t resist the appeal to confirm my suspicions that listening to Gregory’s guests would be excruciating. It was. Governor Rendell, Mayor Bloomberg and former Fed Chair Alan Greenspan were predictable as well as annoying.

Either during a commercial interruption or after the programmed concluded I took a quick look at what was on the other channels. My location features 11 off-air OMG digital broadcast channels. That’s right. No point in subscribing to cable or satellite if I don’t watch TV more than once every few months for less than an hour.

The local public television station offers three channels. One of them was airing a public affairs program populated only by liberals and perhaps a token conservative. The liberals were whining about Arizona’s state immigration law. Along with that they were whining about all the racism and inequality in America.

The point is this. One of the fine liberals concluded the poll data above or other polling data like it was wrong. He did his level best to convince the viewers he was right and most people opposed the Arizona law.

The problem is he had no data, no evidence or any other information to support his opinion. He simply presented his opinion as fact. This is exactly the reason I do not watch television very often. Given the financial woes of most broadcast and print media it may be the only people watching regularly are liberals.

Where else would anyone agree with their fantasies? And how long will it be until the rest of the liberal media goes the way of Air America? (bankrupt and out of business)

With any luck at all a return to the rule of law will begin after Novmeber 2010. Then the simple method of cutting off taxpayer provided benefits, free education for illegals, anchor babies and chain migration as well as sanctions against employers who hire illegals can begin in earnest.

For a return to national security and border control we can borrow a currently familiar phrase. ‘Yes we can.’ To anyone who claims it is not possible to remove all illegals from the US I say you are a closet shamnesty supporter. The simple method outlined above is more than possible. It is necessary and will work. Those who oppose it support illegal immigration.

Stanford Matthews
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Judge Bolton Impedes Arizona Law

Posted in Public Affairs, Announcement, Terrorism, wordpress, Politics, Immigration, Tancredo, United States, Law, Justice, Arizona, Border Control, Blogs4Borders, Jan Brewer on July 28th, 2010 by Stanford Matthews

STATEMENT BY GOVERNOR JAN BREWER

PHOENIX – “I am disappointed by Judge Susan Bolton’s ruling enjoining several provisions of “The Support Our Law Enforcement and Safe Neighborhoods Act” — SB 1070; though I am heartened by some findings – including the ban on sanctuary cities.

“This fight is far from over. In fact, it is just the beginning, and at the end of what is certain to be a long legal struggle, Arizona will prevail in its right to protect our citizens. I am deeply grateful for the overwhelming support we have received from across our nation in our efforts to defend against the failures of the federal government.

“I have consulted with my legal counsel about our next steps. We will take a close look at every single element Judge Bolton removed from the law, and we will soon file an expedited appeal at the United States Court of Appeals for the 9th Circuit.

“For anyone willing to see it — the crisis is as clear as is the federal government’s failure to address it.

“The judge herself noted that the stash houses where smugglers hide immigrants from Mexico before bringing them into the country’s interior have become a fixture on the news in Arizona and that, ‘You can barely go a day without a location being found in Phoenix where there are numerous people being harbored.’”

“When I signed the bill on April 23rd, I said, SB 1070 – represents another tool for our state to use as we work to address a crisis we did not create and the federal government has actively refused to fix. The law protects all of us, every Arizona citizen and everyone here in our state lawfully. And, it does so while ensuring that the constitutional rights of ALL in Arizona are undiminished – holding fast to the diversity that has made Arizona so great.

“I will battle all the way to the Supreme Court, if necessary, for the right to protect the citizens of Arizona. Meanwhile, I also know we still have work to do in confronting the fear-mongers, those dealing in hate and lies and economic boycotts that seek to do Arizona harm.

“We have already made some progress in waking up Washington. But the question still remains: will Washington do its job, and put an end to the daily operations of smugglers in our nation, or will the delays and sidesteps continue? I believe that the defenders of the rule of law will ultimately succeed with us in our demand for action.”

###

Wikileaks: Irresponsible or Criminal

Posted in Public Affairs, Terrorism, war, wordpress, Politics, News Media, disclosure, ethics, Afghanistan, United States, Law, Justice, Military, 9/11 on July 26th, 2010 by Stanford Matthews

Silence is securityThe name says it all. Wikileaks produces ’sensitive materials to communicate to the public’. In the name of a self-proclaimed ‘multi-jurisdictional public service’ this organization displays information without regard for the damage it may cause. In their own words the material is sensitive. They should understand that no matter how noble their intent might be the consequences of their actions can be viewed as irresponsible. That reasonable distinction between transparency and irresponsible behavior trumps any noble intent.

Of the nine people listed on their board for 2007 five are described as activist, dissident or social justice advocate. The other four are listed as writer, security expert or physicist.

If the actions of others resulted in the death of an activist, dissident, advocate or writer, etc., it would be no surprise if these same people at Wikileaks expressed outrage and a desire for justice. If death is caused by their brand of ‘transparency’ to someone outside their sphere of influence it is predicted no such outrage or call for justice would be forthcoming from Wikileaks.

In the days ahead a more complete accounting of Wikileaks latest crusade will develop. Questions about the content and validity of ’sensitive materials’ displayed will be raised. The effect and possible ‘unintended consequences’ may also be analyzed.

If harm to anyone comes from this action by Wikileaks fair is fair. They should be held accountable for their actions. Like most other things in life you can take whistleblowing too far. Any reasonable method for any reasonable purpose can be misused. It is only a matter of time before a group like Wikileaks finds that threshhold and violates standards of ethics and good judgment.

Stanford Matthews
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story source:

WikiLeaks Founder Defends Releasing US Documents on Afghanistan

Afghan, Pakistani Reactions at Odds Over Leaked US Documents

Analysis: Leaks Only a ‘Snapshot’ of Afghan War Effort

Ethics By Rangel (and others)

Posted in wordpress, campaign, election, Democrats, ethics, Law, Justice, Congress on July 22nd, 2010 by Stanford Matthews

corruptionYet another news report includes a reference to anonymous sources. Those ‘familiar with the allegations’ are ‘not authorized to discuss them publicly’. And this story is about ethics. Not the lack of ethics of the sources but that same lack ‘alleged’ for Charlie Rangel.

Whether the sources are acting on their own or it’s all a big charade arranged by those in charge of the ‘leak’ it should cease. Of course what renders this episode of anonymous sources more ridiculous than others is the story topic of ethics. Whether Rangel is sanctioned or not the ’sources’ should be out of a job.

As for Rangel, the worst case scenario is expulsion followed by censure or the dreaded committee report. Rangel is charged with misuse of official stationery, rental programs, disclosure rules and accepting improper gifts. Jail time should be an option. Violating the public trust should have severe consequences.

You can read the rest of the story here. (click)

Stanford Matthews
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Human Rights vs Human Responsibility

Posted in Public Affairs, Terrorism, wordpress, Politics, Immigration, Tancredo, disclosure, ethics, United States, Law, Justice, obama, Freedom, Foreign Affairs, Border Control, Legislation, Mexico, ICE, Blogs4Borders on July 17th, 2010 by Stanford Matthews

justice_is_blindHardly a day goes by without some ‘rights group’ being featured in the MSM. There are groups that could be defined as ‘responsibility groups’ but they receive little attention from those individuals that regard themselves as journalists or organizations that claim to present news and information based on standards of journalism.

Last week one report opened by describing Human Rights Watch as a ‘leading human rights group.’ Could the author be referring to the executive director’s salary? Since 1993 a lawyer named Kenneth Roth has been the executive director of HRW with an annual salary of $350,000. That’s nearly 18% of HRW’s management and general expenses for the year. And they may have 275 employees. And let’s not forget their fundraising expenses of $8,641,358 for 2008 (according to Wiki).

The non-governmental organization claims they do not accept government money directly. But they receive funds from other groups who may. And they supported ACORN at least in 2000 and/or 2001 to the tune of a half-million dollars.

So what’s this all about? The report out last week has Human Rights Watch whining about the rights of illegals. And for all their whining the problem they perceive could be solved if no one entered the United States illegally. They bad mouth countries all over the world for claimed wrongdoing. It is interesting that they say nothing about Mexico’s ‘responsibility’ to correct their own problems and eliminate the attraction to cross the border illegally into another country.

Here’s the report. Have a good laugh. HRW is a scam. The last three paragraphs assume the reader is extremely gullible. Correction, the entire report assumes you are gullible.

Stanford Matthews
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from VOA News….

A leading human rights group is calling on the U.S. Congress and the Obama administration to include protections for immigrants’ rights in their proposals for immigration reform.

New York-based Human Rights Watch released a report Friday saying more needs to be done to protect undocumented immigrants in the workplace and in court.

The group says at work such people are vulnerable to exploitation - including sexual abuse and poor working conditions - and should be allowed to find other jobs in such cases.

It also recommends giving undocumented immigrants a path to legalization that includes government protection, so they feel safe to report crimes.

Earlier this month, President Obama called for bipartisan support for immigration reform. He described overhauling the system as a “moral imperative.” Congress is sharply divided over the issue, with Republicans generally opposing what they call amnesty programs.

The Human Rights Watch report also urges the government to allow immigration judges to consider the ties legal permanent residents have in the United States before deporting them for minor crimes. The group says thousands of legal residents are deported each year without having their family connections or past military service considered.

Human Rights Watch also calls on the government to limit immigrant detentions. The group says those who have committed nonviolent crimes should be exempt from detention.

Illegals Cost Billions

Posted in Public Affairs, Money Matters, Health, Education, Terrorism, wordpress, Politics, campaign, election, McCain, Immigration, Tancredo, disclosure, ethics, United States, Law, Justice, obama, Freedom, Pelosi, Reid, Arizona, Foreign Affairs, Congress, Border Control, Minimum Wage, Legislation, Mexico, Blogs4Borders, Jan Brewer on July 11th, 2010 by Stanford Matthews

This is no surprise to anyone. Beyond the problem of national security, border control and ignoring the rule of law and founding principles of our nation illegal immigration is a crushing economic burden. It’s time for a reminder to all the liberals supporting shamnesty. Like the rest of the liberal agenda the notion of shamnesty is dangerous. An excerpt from a new report on the economic risks associated with illegal immigration is presented below followed by a link to the full report. Read it and weep, or join the fight against illegal immigration to save our country.

Stanford Matthews
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The Fiscal Burden of Illegal Immigration on United States Taxpayers

Executive Summary

This report estimates the annual costs of illegal immigration at the federal, state and local level to be about $113 billion; nearly $29 billion at the federal level and $84.2 billion at the state and local level.

The full report (click here)

McCain Supports Shamnesty in 2007, Opposes in Election Year

Posted in Public Affairs, Terrorism, wordpress, Politics, campaign, election, McCain, Immigration, Tancredo, United States, Law, Justice, Arizona, Border Control, Legislation, Blogs4Borders, Jan Brewer on July 10th, 2010 by Stanford Matthews

Wow, RINO McCain does it again! The same man who conspired with Bush 43, Ted Kennedy and others in the 2007 push for shamnesty now says in an election year that we should deport illegals.

Sen. John McCain (R-Ariz.) said Tuesday he would favor immigration reform that would deport many of the residents of the United States who are here illegally.??

McCain, who at one point had been the top Republican advocate for immigration legislation promising a pathway to citizenship for some illegal immigrants, said he favored establishing a guest worker program. But McCain expressed opposition to any program that would give illegal immigrants a way to become citizens.

“No amnesty. Many of them need to be sent back,” McCain said during an interview on KQTH-FM in Tucson, Ariz.

McCain aka McShamnesty, also favors a guest worker program for the guest worker who never leaves. This is no different than before. Neither is his flip-flop on shamnesty. Sounds like John Kerry. I was for it before I was against it.

RINOs are disgusting. As much as I oppose liberals, RINOs are worse. At least you know where a liberal stands even though they are wrong. With RINOs you may get fooled if you haven’t paid attention to them for a while.

Right or wrong I have more respect for someone who stands up for what they believe in than those like McCain who play politics all the time. A liberal example more principled than John McCain is when vulnerable Democrat Blanche Lincoln said win or lose she’s a Democrat and will pursue re-election as a Democrat. McCain is a RINO and only talks conservative as a political strategy.

Voters in Arizona would do well to vote for JD Hayworth. He may not be perfect but what has Arizona gained by having McCain in the US Senate? How about the need for SB1070 although Jan Brewer supports McCain. Go figure.

Stanford Matthews
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The Cold War Never Ended

Posted in Public Affairs, wordpress, Politics, conspiracy, disclosure, ethics, United States, Russia, Law, Justice, obama, Foreign Affairs, FBI on July 8th, 2010 by Stanford Matthews

SovietCIA400.jpg
In an apparent throwback to the Cold War, Moscow and Washington are discussing a deal to swap 10 of the suspected deep-cover Russian agents arrested last month in the U.S. for prisoners held in Russia, according to people familiar with the talks.

That’s how a story about recently arrested Russian spies opens at the WSJ. How about there’s no ‘throwback’ at all? The Cold War never ended. Remember Hillary Clinton’s gaffe translating the English word ‘reset’ to Russian and being politely punked by a Russian official? That essentially sums up the current administration’s grip on foreign relations. In other words they don’t have a clue.

Hearings in the US for the Russians arrested for spying have been delayed. The Russians don’t want to comment and those all too familiar unnamed sources close to the story suggest a spy swap is in the works. But not unlike the 70’s the US may swap garden variety prisoners in Russia for those arrested for spying in the US. Does that sound smart to you?

“We’re rolling back the clock,” said Yuri Ryzhov, a former Russian ambassador and prominent academic who heads a commission that has defended scholars accused of treason. “It’s the 1970s now.”

Prisoners that may have been accused by the Russians of treason in Russia would be swapped for likely Russian spies?

As if the entire liberal agenda in Washington, DC wasn’t bad enough now the Obama administration is adding more foreign affairs blunders to their list of achievements.

Stanford Matthews
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Immigration, Obama and Election Year Politics

Posted in Public Affairs, Terrorism, wordpress, Politics, Immigration, Tancredo, disclosure, ethics, United States, Law, Justice, obama, Freedom, Border Control, Legislation, Blogs4Borders on July 6th, 2010 by Stanford Matthews

The previous post touched on President Obama’s recent immigration speech. Reviewing the speech once again compels commentary. The first excerpt to be evaluated demonstrates that Mr Obama can present inspirational messages.

I was a candidate for President that day, and some may recall I argued that our country had reached a tipping point; that after years in which we had deferred our most pressing problems, and too often yielded to the politics of the moment, we now faced a choice: We could squarely confront our challenges with honesty and determination, or we could consign ourselves and our children to a future less prosperous and less secure.

That IS the speechmaking undoubtedly responsible for many casting a ballot for then candidate Barack Obama. But as Mr Barone pointed out in his writing at the Washington Examiner referenced in the previous post this particular immigration speech was all about election year politics. The very plague that then candidate Obama denounced to get elected.

It gets worse.

I believed that then and I believe it now. And that’s why, even as we’ve tackled the most severe economic crisis since the Great Depression, even as we’ve wound down the war in Iraq and refocused our efforts in Afghanistan, my administration has refused to ignore some of the fundamental challenges facing this generation.

Sorry Mr President, you have not ‘tackled’ the economic problems. And you and your liberal followers used anti-war rhetoric, campaigning and personal attacks on the very man you now hail as the best choice to lead the military operations in Afghanistan, General Petraeus. In addition you and your crew have refused to acknowledge the success of the surge in Iraq for allowing the winding down in Iraq. Your senate leader Harry Reid went so far as to say the war was lost.

But you are correct on the last point. Your administration has refused to ignore ’some’ of the challenges. Those items you choose to target are for purposes of your liberal agenda. The items you mention in this speech: the economy, healthcare, Wall Street, energy and immigration are all targets of your liberal agenda and your attention to them has nothing to do with ‘confronting the great challenges of our times’.

Stanford Matthews
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Elena Kagan and SCOTUS

Posted in Public Affairs, wordpress, Politics, News Media, Law, Justice, obama, Supreme Court on June 29th, 2010 by Stanford Matthews

Elena Kagan is probably not a good nominee for SCOTUS. If conflicting statements or a troubling contrast between statements now and then surface as they have this time around and in the case of Obama’s last nominee, Sotomayor, conventional wisdom would dictate rejecting a nominee. Of course, that would be at odds with the judgment of a ‘wise Latina’. It is assumed Kagan would concur.

You can stop by the news portion of this site to read some views of those opposed to the Kagan nomination.

Stanford Matthews
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Here’s a report from VOA…

Confirmation Hearings Begin for Obama’s Supreme Court Nominee
Jim Malone

Confirmation hearings began Monday for Elena Kagan, President Barack Obama’s nominee for the Supreme Court of the United States. Political and legal experts expect Kagan to be confirmed for the high court. But before that can happen, she will have to endure a week of tough questioning by Senate Republicans.

Monday will likely turn out to be the easiest day for Elena Kagan at her confirmation hearings this week.

After listening to lengthy opening statements from members of the Senate Judiciary Committee, Kagan gave her own opening statement and noted the words that are carved in stone above the entrance to the Supreme Court building - “Equal Justice Under Law.”

“What this commands of judges is evenhandedness and impartiality. What it promises is nothing less than a fair shake for every American,” she said.

Kagan also promised to uphold the rule of law if confirmed as a justice and she said the high court has the responsibility to ensure that government does not overstep its proper bounds. Kagan said she would approach each case that comes before the court with an open mind.

“I will work hard and I will do my best to consider every case impartially, modestly, with commitment to principle and in accordance with the law,” she said.

Even though Kagan’s confirmation is expected, Republicans on the Judiciary Committee have vowed to question her closely on her legal and political views, and on her lack of experience as a judge.

“Ms. Kagan has less real legal experience of any nominee in at least 50 years. And it is not just that the nominee has not been a judge. She has barely practiced law and not with the intensity and duration from which I think real legal understanding occurs,” said Senator Jeff Sessions of Alabama, the top Republican on the Judiciary Committee.

Several Republicans warned Kagan that they will be looking for signs that she is what they describe as an activist judge - someone who will bring her own presumed liberal views to the bench.

This caution came from Republican Senator Lindsey Graham of South Carolina.

“So I look forward to trying to better understand how you will be able to take political activism, association with liberal causes and park it [i.e., set it aside] when it becomes time to be a judge. That, to me, is your challenge,” said Graham.

Democrats have a different view of what constitutes judicial activism on the Supreme Court. New York Democrat Charles Schumer says he believes that the current court leans heavily to the right. He says he is hopeful that Kagan will act as a counterweight and swing the nine-member court toward the center of the political spectrum.

“The rightward shift of the court under Chief Justice [John] Roberts is palpable,” he said. “In decision after decision, special interests are winning out over ordinary citizens. In decision after decision, this court bends the law to suit an ideology. Judicial activism now has a new guise - judicial activism to pull the country to the right.”

Public opinion surveys show that Americans know less about the Supreme Court than the other two branches of government - the presidency and Congress. Supreme Court nominations offer the public a rare opportunity to shed light on the court and on the person who has been nominated to a lifetime appointment.

“Appointments to the Supreme Court are the most important appointments a president can make because, unlike members of the administration, members of the executive, even members of the independent boards, a judge has life tenure and can only be removed for misbehavior,” explains Melvin Urofsky, an expert on Supreme Court history at Virginia Commonwealth University.

Kagan would replace retiring Justice John Paul Stevens, who has been a leading liberal on the high court since his appointment in 1975. Legal experts do not expect Kagan’s appointment to alter the current ideological makeup of the court, which is split among four conservatives, four liberals and one swing justice, Justice Anthony Kennedy.

If confirmed, Kagan would be the third woman on the current court and only the fourth to serve in Supreme Court history.

After the hearings, Kagan’s nomination will be voted on by the Judiciary Committee and then by the full Senate. Supporters hope she will be confirmed in time for the beginning of the next Supreme Court term in October.

‘We are not terrorists…We are jihadists…’

Posted in Terrorism, wordpress, Pakistan, United States, Law, Justice, Islam, Muslim, 9/11 on June 26th, 2010 by Stanford Matthews

5americansArrestedinPK400.jpg

‘and jihad is not terrorism’ is what one of the five said outside a Pakastani court ealier this year according to AP.

So the story goes, made contact with a group tied to al-Qaida in Novvember 2009. Traveled to Pakistan in December of 2009. Arrested in the home of the leader of the group they contacted also in December 2009. Defended by CAIR, the Council on American Islamic Relations, who says the five made a ‘farewell video’ stating ‘Muslims must be defended.’

So they didn’t get life for terrorism in a Pakastani prison why? Back in December 2009, Pakistani police have said they plan to ask the court to press terrorism charges, carrying life sentences.

A Pakistani court on Thursday sentenced five American students accused of contacting militants in Pakistan over the Internet and plotting terrorist attacks to 10 years each in prison, the deputy prosecutor said.

Stanford Matthews
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The Allen Hunt Show

Posted in Public Affairs, Terrorism, wordpress, Politics, Immigration, Tancredo, Religion, liberal, disclosure, ethics, Law, Justice, Opinion, Border Control, Blogs4Borders on June 23rd, 2010 by Stanford Matthews

During the last 12 months or so a local radio station began airing the Allen Hunt Show. The station describes itself as ‘news/talk’ and gives the impression they offer conservative talk shows. A local radio personality has a talk show for about 2 1/2 hours in the morning. That is followed by Rush Limbaugh, then Sean Hannity, Michael Savage and Mark Levin during the week.

There is a mixture of syndicated programming on the weekends that now includes the Allen Hunt Show. I never heard of Allen Hunt before this local programming began. One weekend evening as I worked around the house I listened to the show. I was not impressed. Tried to listen again a couple of times but was not interested as I was opposed to many of this man’s opinions.

Now comes a reason to seriously oppose the Allen Hunt Show. His take on illegal immigration includes his statement that he believes in open borders/immigration. This past weekend I listened to the last hour of a financial program that was pre-empted for sports programming for the first two hours. That was followed by the Allen Hunt Show and his topic from the 16th according to the website was aired today on this station.

Allen Hunt believes a man who was brought here illegally by his parents when he was 4 should be allowed to stay. The man is now 19 and finished his first year at Harvard. Hunt says Obama will deport all those fitting this description and that ICE or CBP have apprehended this man and have him in custody scheduled for deportation.

First it was a student here in Georgia. Now the controversy has moved to Harvard. A student there was arrested for being an illegal immigrant in the country even though he has been her since he was 4, and can’t remember not speaking English. It’s just another example of how messed up our immigration policy is, and how we are targeting the wrong people.

One caller to the show made the correct rebuttal to Mr Hunt’s misguided kindness. Don’t blame the US or Americans for this person’s situation. The blame falls on his parents. If this man is unhappy with his situation he has no one else to blame other than his parents.

If you give this man a pass on immigration laws it simply gives other illegals another reason to break the law. You cannot reward people for breaking the law. It is unfortunate that this man has to suffer the consequences of his parents’ actions. But it is not for the US or its citizens to ignore the rule of law.

Laws are necessary for a civil society to exist. Laws maintain order, protect citizens and their liberty and keep things from getting out of control. Not enforcing the laws related to immigration is why illegal immigration is, go figure, out of control. Eliminating the laws will not solve the problem. Enforcing them will.

Had the law been enforced effectively about 15 years ago the man mentioned on Hunt’s show would not be in the position he is in now. His parents plan to break the law would have been thwarted and we would not be having these discussions.

My conclusion about the Allen Hunt Show early on was correct. His opinions are flawed. He says he is not a liberal. But his opinions say otherwise.

Stanford Matthews
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American Voices

Posted in Public Affairs, wordpress, Politics, News Media, America, Law, Justice, Freedom on June 22nd, 2010 by Stanford Matthews

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For one who is as willing as the next person to criticize the mainstream media for their biased reporting I am just as willing to credit those presenting a fair representation of the facts. The first obligation for this post is to give credit where credit is due.

Pauline Arrillaga is a national writer for The Associated Press, based in Phoenix.

Arrillaga has the byline for the report quoted and linked to in this post. It is the best article this blogger has seen to date in the MSM dealing with the tea party phenomenon and the underlying cause and widespread reason for its development as well as the growing voice of ordinary Americans not associated with any tea party organization.

For those expressing opposition to the liberal agenda in this country whether tea party members or not a single quote from the article sums up the general flavor of patriotic concerns.

Its stated purpose is “to promote, educate and advance conservative principles of fiscal responsibility, small limited government, free enterprise, the rule of law, private property rights, and the preservation and protection of individual liberty.”

That Arrillaga’s report goes out of its way to disspell the notion there is something wrong with tea parties or angry voters is the single most refreshing MSM account to come along in years. Discussing what some of the people chronicled face while engaging the process gets to the heart of the matter.

These four were all in Searchlight that Saturday in March. They’ve heard, time and again, the characterizations in the news media, from some Democrats and, in certain cases, from their own friends and relatives — about how “those tea party-ers” are just angry voters venting about economic hard times, or they’re confused, uneducated and easily influenced, or they’re extremists, or, worst of all, they’re racists.

Months after Searchlight and other rallies, plenty of questions remain about just what the tea party is, whether it can endure and how much influence it will have on elections this year and in years to come. Part of the answer is this: In communities across the land, citizens-turned-activists are digging in in different ways to wield whatever power and influence they’re able to muster over this thing called democracy.

To hear what motivates them is to begin to understand what’s going on in American politics in 2010.

Really, in America itself.

That’s what I’m talking about! What’s going on in America? Those who are represented by elected officials have finally had enough of politics as usual. It has been time for change for many years. But the ‘hope and change’ offered by the liberal agenda is not what most of us had in mind.

The brief list offered near the top of this post more accurately describes what is needed. ‘fiscal responsibility, small limited government, free enterprise, the rule of law, private property rights, and the preservation and protection of individual liberty.’

Let’s not forget to emphasize the US Constitution and our nation’s founding principles.

Thanks to Pauline Arrillaga at AP. Thanks to the folks described in the report. And thanks to all Americans who echo the sentiment presented here. Carry on and repair our nation. Protect her from those who would do her harm. Stand up. Stand on principle.

Stanford Matthews
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