Category Archives: politics

The Madness of Jon Drew Roland and Shelley Sue Thomson

Originally Published on August 23, 2008 at 8:05 as “Jon Roland—Hypocrite Lecteur, Mon Semblable, Mon Frere”

For about five years now Jon Drew Roland, three time failed Libertarian Candidate for Texas Attorney General and who knows what else, a man who never campaigns and never puts himself at risk for anything, has published a nasty little snipe against me on his otherwise rather marvelous website, www.constitution.org.

Jon Drew Roland in some ways is the exact reverse of me: he is a native Californian who came to Texas (so the Californians claim he’s from Texas and the Texans claim he’s from California).  Jon was for a very long time a wonderful mentor, advocate, sponsor, trustee to me.  He was one of my most enthusiastic supporters and best friends during my divorce and child custody battles of the half-decade of 2002-2007.  And indeed, Jon and I were for some years quite inseparable around the Central Texas world of Patriotic Constitutionalism and Civil Rights Litigation on behalf of the oppressed but silent majority in Texas.

Quite frankly, our collaboration was hardly an unqualified success either in legal or political terms although it WAS a great philosophical and spiritual journey. We lost almost all the cases we worked on together because we picked on people who were just too damned powerful: among them, I inherited the enmity and hatred of Jon Roland’s oldest nemesis Texas Attorney General Greg Abbott. Abbott surely ranks one of the worst Attorneys General in the history of the United States, never mind of Texas.  Even flying under color of conservatism, as Texas Republicans from Bush on down love to do, Abbott  has institute one of the most oppressive regimes of Maoist Family destruction and mass imprisonment (never mind mass execution) in these formerly great states of the Union—and Texas, even into the 1990s, was one of the freest corners of the United States, believe it or not.  That all changed with the election of Governor George W. Bush and Attorney General Abbott.

I suppose one of the proudest moments Jon Roland and I had was when we jointly, together with (then State Senator) Jerry O’Neil from Kalispell, Montana, made parallel grant/project proposasl to the  Ford Foundation, the Annenberg Foundation, and the John D. & Catherine T. MacArthur Foundation to fund a trial program in the High Schools of the State of Montana whereby the entire first year curriculum of law school would be taught during the 10th-12th grades.  The “High School Civics” that most people receive is essentially a nugatory nullity.  Our proposal was rejected, although the MacArthur Foundation gave it three full hearings (final grounds for rejection being that we had not one single specialist in secondary education or adolescent psychology among us and were therefore not qualified to make the proposal). The Ford Foundation’s response was probably the most honest: teaching law to high school students would heighten their frustration and discontent and therefore be counterproductive to today’s broader social and economic policies.  Oh yeah?  Well, I guess that was our point: we think people SHOULD be discontent and frustrated and if education is the tool to make them that way—and avoiding education is a way to prevent that—


But one day in November 2006, Jon Drew Roland told me about a friend of his who needed some help.  She needed to find out if she had inherited anything from her mother, who had died 10 years earlier.  I told Jon it was almost inconceivable that she would inherit anything now, or could claim anything now, after so long, but Jon asked me to talk to this dear and long-time friend of his, knowing that I had practiced quite a lot of probate & trust law back when I was a semi-normal attorney in private practice, before civil rights and the reaction to my efforts in that department changed my life forever.

To make a long story short, I found that Shelley Sue Thomson, then living in an incredibly depressed slum in Albuquerque, New Mexico, had indeed been the victim of one of the most bald-faced cases of probate theft and conversion I had ever seen.  Shelley Sue Thomson couldn’t afford to hire a licensed attorney, and she asked me to back up Jon Drew Roland as her Trustee, as Jon would act merely for free.  Shelly Sue Thomson promised me 1/3 of whatever estate she could recover in exchange for my efforts—actually she promised even more than that—she promised me that, since she had no children of her own, she would leave her mother’s house to my son Charlie if she could live in it for the rest of her life.

As it turned out, victory was swift, coming by May 1, 2007: after merely filing two state and two federal lawsuits, Shelley’s old, greedy, and evil stepfather simply gave up and vanished, deeding everything to her, with his large team of high-paid attorneys trumpeting his generosity.

Shelley could not even believe it had all happened so fast, but my loyal assistant Peyton Yates Freiman and I, at Shelley’s initial invitation and Jon Roland’s enthusiastic backing and support, met in Albuquerque.  I came from Santa Monica, California, where I had been celebrating another commercial litigation victory [actually a post-Katrina insurance victory in New Orleans Federal Court].  I was specifically in Santa Monica for a birthday party—a certain California TV actress friend’s 30th birthday, while Peyton came from Austin, where he left his only recently acquired new girlfriend Mercedes behind out of sheer loyalty and devotion to the causes of justice).

In the midst of all this euphoria, something went wrong.  I had talked with Shelley for hours and hours but never actually met her.  Jon Roland and I had done all the actual work (as a matter of fact, Jon Roland, ironically enough, was under investigation and injunction for UPL as a result of his litigation activities on Shelley’s behalf).  All I can say is, apparently, Shelley hated me on sight and everything went downhill from there, but Peyton and I ran around Albuquerque renting trucks, hiring a moving crew, loading up Shelley’s cat ridden house (I’m allergic to cats….of all kinds) and even finding a way to move Shelley’s immense private safe….yes that wasy fun.  After a few tense days and one extremely pleasant farewell dinner, Peyton and I moved all of Shelley’s worldly possessions to her mother’s sumptuous suburban (not-quite-palatial but extremely nice) residence on Windsor Drive in a Western Suburb of New Braunfels, Texas.  Shelley does not, at first glance, fit the Disney image of Cinderella, but her rags to riches transformation in less than six months was, to put it mildly, very dramatic and not at all dependent upon fairy Godmothers or glass slippers, but on about 2000 hours of work between Peyton and me put together—Jon Roland had advanced most of the costs of litigation, Peyton had advanced the costs of moving Shelley, Peyton and I had “done our time” and Shelley was now ready to commit a crime: she wanted to stiff us.

Well, I don’t take it well when people want to stiff me.  I especially don’t take it well when I haven’t had any money down, no retainer, no cash up front, NOTHING, and yet I pull off a major victory within less than six months and can truthfully say that the result is the complete transformation of someone’s life from near homeless pauperism to near Texas-Hill Country Royal living.

I accordingly have NO apologies whatsoever for the fact that Peyton and I slapped first one and then an amended lien on Shelley’s property.  Jon Drew Roland had been directly responsible for the amended lien.  He knew that Peyton’s parents were respectively a Deacon and a Sunday School teacher at a major Baptist Church in Austin, and that Peyton could often be found with them there on Sundays.  So, one Sunday in August 2007 (it was almost exactly one year ago as I write this, maybe one year and two weeks ago), Jon Roland went over to Great Hills Baptist Church and cornered Lennie and Claudia Freiman and told them that their son (Peyton) was going to jail for having filed the lien against Shelley on behalf of my Tierra Limpia Trust fund.  Peyton was there and tried to set him right, but anyone who knows Jon Roland knows him to be one big talker—very forceful and almost impossible to shut up (it was a large part of why I liked him so much….honestly).  Jon Roland said that the Notice of Claim of Lien Peyton had filed was improper (1) because I hadn’t signed it and (2) the Lien didn’t mention him (Jon Roland) as Trustee for Shelley Sue Thomson.  Well, I was by this time in Montana visiting Senator Jerry O’Neil, and so I prepared an amended Notice of Claim of Lien which I signed and included reference to Jon Roland as Trustee for Shelley Sue Thomson.

Well, I suppose that was when Jon Roland decided to slander me, to accuse me of filing a false lien against Shelley Sue Thomson on his website.  I was totally disgusted and suppose I will eventually have to sue Jon Roland for defamation and libel—and I guess I can sue him anywhere since people from Florida to Russia have now read about how I take advantage of poor people by filing liens on their property without moral or legal justification.

It was Jon Roland who had originally told me about how easy it is to resolve legal disputes without litigation through liens.  It was a very successful Texas mortgage broker (who hopes to stay OUT of the line of fire in this and who shall accordingly remain anonymous) who suggested to me that I just slap a lien on Shelley’s property if she didn’t want to settle up with me–because after all, my services (and Peyton’s) were in fact the equivalent of the “Purchase Money” of Shelley’s house—Shelley had never seen her mother’s will, never been aware that she was the intended beneficiary of a VERY large trust fund, or that her step father had embezzled 100% of the trust fund for himself and kept the house on top of that.  I am very proud of my work for Shelley Sue Thomson and frankly I enjoyed all our time on the telephone talking between November 2006 and end of April 2007.

I was so enthusiastic about the work I did for her that I actually LEFT THE HOTEL CALIFORNIA for Shelley (and no, I’m not kidding—I was actually staying at a place called THE HOTEL CALIFORNIA on the beach in Santa Monica, and yes, I really DIDN’T want to leave at all—I had a beautiful suite, room 19, less than five minutes from both the beach, third street, and the Santa Monica Pier, and I wouldn’t have left that place for anybody except someone I imagined would be a lifetime friend—I had just made several new friends in California that trip, and spent a huge amount of time with them at the Getty Villa in Malibu, the Getty Center on the 405, and LACMA Art Museum by the La Brea Tar Pits—the LACMA Art Museum having been the place I first became interested in archaeology, sitting and copying the cuneiform inscriptions of Asurbanipal on weekends when I was in High School with the Assyrian Primer my mother had brought me from the British Museum).

Now, as it happens, Shelley Sue Thomson later enlisted the pro-bono services of another friend and supporter of mine—a lawyer with whom I had a temporary falling out over yet more civil rights litigation, namely David A. Sibley of Corpus Christi, against me.  David definitely should NEVER have taken this job—it was not quite ethical since he was representing me the whole time I was working for Shelley—but I forgive David because of what he wrote about Shelley in his April 30, 2008, Motion to Withdraw as her attorney in Thomson’s suit against me and Peyton (No. 2008-119-C in the 274th District Court of Comal County, Texas) after Sibley finally had his own nearly fatal falling out with her.  What follows are only four excerpted paragraphs from David A. Sibley’s nine Page Single-Spaced Motion to Withdraw—possibly the most devastating Motion to Withdraw I have ever seen—no lawyer has ever felt this oppressed by has client to need to “nuke” her this way before—but if anyone ever deserved it, it would be Shelley Sue Thomson) TO WIT:

“4. Thomson sends repetitive emails (now probably numbering in the hundreds). She asks the same questions over and over and over and over again. Sibley has answered these questions over and over and over and over again. She will repeatedly threaten grievances among other things stating that Sibley has not answered her questions when he has answered them many times (and for other spurious reasons). She makes the same arguments over and over and over again even after Sibley has refuted her arguments over and over and over again (or expressed disagreement). Some of her arguments reflect profound misunderstandings of the law and she expects Sibley to answer endless questions about the law. More often than not, when Sibley explains the law, she disagrees or continues to ask questions about the same issue of law (or ignores his answer). She has recently taken to mixing her comments in her emails with previous emails so it is almost impossible without great effort to determine her new comments making her emails extremely burdensome (undoubtedly in the hope of Sibley missing one of her comments so she can argue that Sibley has not answered one of her questions — she doesn’t set her comments out by bold face, underline, or otherwise). Sibley has repeatedly asked her to identify questions he supposedly hasn’t answered and she never has. She just continues her endless repetitions, etc.

5. Thomson has suggested that Sibley and Peyton are having some kind of affair. She has stated to [a mutual friend & colleague Attorney Andrea S.] Atalay that Israel should be wiped off the face of the planet (Atalay is Jewish). She also told Atalay that Hitler should have killed all the Jews. Also, she told Atalay that she was putting witchcraft spells on Sibley (she claims to have various psychic abilities including “remote viewing” and believes in numerous para–normal things, for example she believes Lincoln is possessed by an Aztec “deity”). She has tried to sow dissension between Sibley and Atalay by telling inconsistent things to each and trying to turn each against the other. She repeatedly harasses Sibley with comments suggesting that Sibley wants to steal her house (or is in a conspiracy with other lawyers to steal her house), he is stupid, he is unethical, etc. Also, she has suggested that Sibley may be in conspiracy with Lincoln and/or Peyton. When Sibley planned to travel over 100 miles by airplane to a hearing, she refused to pick him up at the airport. She has never paid Sibley a penny and never offered to even reimburse any out of pocket expense. In fact, she mocks the out of pocket expenses incurred (suggesting they are trivial – the amounts are not trivial to Sibley – she has no appreciation whatsoever for Sibley’s efforts). Sibley has never demanded payment of a penny but he expects basic courtesies like being picked up at the airport (how far can the airport be out of her way in New Braunsfel – she said “you can take a cab!”). She clearly does not respect Sibley’s advice or strategies (or him). As a result, Sibley is unable to act as an attorney in this case. Sibley finds some of Thomson’s behaviors highly offensive.

******

8. The attorney client relationship is completely destroyed. Atalay has been suffering even more from Thomson’s abuse than Sibley. Atalay has called Sibley on numerous occasions passed the point of tears (literally crying). The most extreme example was when Thomson made offensive comments including that Israel should be wiped off the face of the planet and Hitler should have killed all the Jews, etc. Thomson has repeatedly insulted Atalay including her abilities as a lawyer, her communication abilities, etc. Atalay called the Comal County District Attorney (or one of his representatives) and Thomson went ballistic (Thomson had been discussing this case with the District Attorney). Thomson and Roland clearly want to control everything (including all information). Thomson and Roland clearly want to handle this case themselves and just want a lawyer as a puppet. Sibley does not trust Thomson (neither does Atalay). It is believed Thomson may have been misrepresenting her conversations with the District Attorney and this is why she went ballistic when Atalay called the District Attorney. Thomson is an endless nightmare.

9. Atalay has been in the hospital for several days and it is not clear when she will get well. She has an extremely high fever (over 104 degrees at one point). She shows evidence of stress and exhaustion. It is entirely possible that her condition results from Thomson’s endless abuses, insults, etc. Her condition certainly hasn’t been helped by Thomson’s endless abuses. This situation has just got to stop. It has gotten way, way out of hand. Thomson is an abusive personality. She seems to enjoy harassing, annoying and abusing Sibley and Atalay. Thomson has had plenty of time and many second chances to end her abusive behaviors but she refuses.  She received an additional “chance” as recently as last week and responded with the same endless nonsense. A specific very reasonable plan was proposed for resolving the liens on her house and she rejected the plan and continued her endless pattern of abuse (endless insults, threats, etc.). It has to be done her way and no other way. Her way involves refusing settlements that involve exactly what the objective supposedly was (partial resolution of this case). She wants Sibley and Atalay to endless dance to her tune. She is not a lawyer and not only does her demands waste time and money they are likely to embarrass two lawyers severely.”

It is really hard to imagine why Sibley would find any of Shelley’s conduct offensive—I for my part feel rather flattered and intrigued by Shelley’s observations (of which she had informed me personally) that she believed I was either possessed by or even was the living reincarnation of one of the Aztec Gods, either Huitzil Opochtli (Hummingbird of the left, the Chief Aztec Tribal God & God of War—compare, perhaps, the Hebrew “Yahweh”) or his pair Tezcatl Ipoca (Smoking Mirror, a much older God in Mesoamerica, patron of kings, equivalent to Maya God-K, the great Mah Kinah Chimal Pacal buried in the Tomb inside the Temple of the Inscriptions of Palenque and Kak u Pacal of the Hieroglyphs of Chichén Itzá and History of Mayapán).  

Well, I could have warned Sibley that Shelley really does believe herself to be the original “Witchy Woman” (I have to confess she never revealed her virulent hatred of Jews & Israel to me).  But in any event—when people “Google” my name they too often find and go to Jon Drew Roland’s hateful defamation & slanderous comments on www.constitution.org.  Peyton and I did a lot of work, and shed a lot of “blood, toil, sweat, & tears” for Shelley, and she is just the consummate ingrate, and Jon Drew Roland is nothing but a treacherous Judas who stabbed his best friend in the back.  In the words of Paul Harvey, you now know “the rest of the story.”

The Impossible Dream…

The Impossible Dream….

Is restoration of a Constitutionally Limited Government in America an Impossible Dream?  Is there any way that we can right the unrightable wrongs against freedom and individual autonomy that have been done in the name of “progress”, “protection,” “public safety” and “security?”

If such restorations and rectifications indeed lie out side of the realm of the possible, I still agree with this song that it is better that we dream of such things and “be willing to march into hell for a heavenly cause”, than that we let our dreams die in peaceful and quiet despair….

I confess that the discovery of Obama’s Executive Order 13603, entered last March 16, 2012, has had a profound effect on me.  I think that almost all of our OTHER struggles are hopeless and in vain now, until we can start overturning some of these terrible perversions of executive power into dictatorship….

They say that Rock Hudson and Jim Nabors were gay lovers, and if so, who cares?  They were quiet and civilized about it and it doesn’t diminish one bit the fact that Jim Nabors has a beautiful voice and performs this stirring song of idealized knighthood and heroic dreaming far better than Peter O’Toole managed during his otherwise masterful performance as the Knight of the Woeful Countenance in the movie “Man of La Mancha.”

Was the world really a poorer place when people kept their eccentricities private?   Freud taught us that guilt lies at the very foundation of civilization and civilized life—I don’t know whether that’s true or not—I find a lot of Freud’s notions bizarre and anthropologically/historically untenable.   But in its milder forms of modesty and keeping our private lives private, is “guilt” really such an awful thing?  My long-term assistant Peyton went up to San Francisco about a year ago for a vacation and found himself in the middle of a “gay pride” day.  The stories he told me about what people were doing in the streets were not something that would make me proud (gay OR straight).   Sigmund Freud may have been a Jew and Henry Ford may have hated Jews, but isn’t it odd how they both promoted the culture of “instant gratification” and constant change in lifestyle and behavior of all kinds which culture has come to dominate our world?

Old Gossip, Still Floating Around—I deny it (again) just for the record—and discuss some Patriot Myths….

Gossip about me and Orly Taitz remains on the web, which just shows how completely uninformed and stupid information on the web really can be, and how much damage it can do over the long run.  I just discovered a little bit of remnant misinformation tinged with stupid insult that I think needs to be addressed:

“Charles Edward Lincoln III was Orly Taitz’ Law Clerk during her representation of Maj. Stefan F. Cook and Capt. Connie Rhodes. He is thought to have been the author of her Motion for Recusal which wound up costing her $20,000 in sanctions.

Now the simple truth is this: Orly and I had a big fight about that motion and SHE is the one who insisted on going around insulting Judges—I tried as hard as I could to restrain her myself.  As I have stated many times, I grew up in a family with several Federal Judges as friends in Dallas (including Sarah Hughes and Barefoot Sanders).  I lived near and met U.S. Judges around Tulane and Harvard, I studied under some present and (at that time) future Judges at the University of Chicago.  While I was at law school I served a term as an judicial extern to Judge Stephen Reinhardt of the Ninth Circuit Court of Appeals (it was one of the greatest intellectual experiences of my life) and after law school I held an ordinary judicial clerkship with Kenneth L. Ryskamp on the United States District Court for the Southern District of Florida.  During all of these experiences, I came to know and worked with judges whom I deeply respected.  

Now I have never had much use for the common California practice of holding lawyers in contempt for insulting Judges or the Judicial process, but I did find a funny case history about such a case of undeniably counterproductive (if extremely revealing) contempt just yesterday on the first day of summer, and I highly recommend it as instructive and fairly amusing reading: Hanson v Superior Court.  Either we need more lawyers like this Hanson guy, or we really don’t need any lawyers at all—I wonder which it is?

Anyhow, back to the piece above accusing me of being responsible for Orly’s sanctions: NOT.  Definitely not.  I suspect Orly and Yosi spread this bit of malicious gossip themselves, but it just ain’t so, folks….

I certainly started the motion and provided her with all the citations she ever used (including the Cohens v. Virginia Citation about treason against the Constitution: Cohens v State of Virginia) and with some of the text (I have done motions to recuse before), but I did so fighting with her every step of the way.

Before she attacked Judge Clay D. Land in Columbus I as already fighting with her about the need to respect the Judges before whom we appeared.  I was totally opposed to her attacks on Judge David O. Carter (who I thought was a wonderful judge, and still think is one of the best, certainly in Orange County, possibly anywhere).  Orly claimed that HER SUPPORTERS wanted her to take a strong stand against the Judge in the Connie Rhodes case, and that she had to do what HER SUPPORTERS wanted to.  Many of these were retired military types who (understandably) hated and loathed Obama with a purple passion, and that’s why they were Orly supporters.

I called this “litigation by Patriot pod committee” a very dangerous strategy and technique to proceed, especially since most of these folks were just barely off the “everything in the Courts is admiralty” boat and shouldn’t be trusted as legal or constitutional advisers.

For those neither involved in nor familiar with the Patriot-Constitutionalist Conservative movement, I make reference here to one of the stupidest and most counterproductive of all “Patriot myths” about the Courts and legal system: namely that the Courts are all operating (secretly) under British Admiralty Law, that the “BAR” stands for “British Admiralty Registry”, and that the United States government is secretly still controlled, through the operation of Admiralty law, by the Queen of England.  I originally thought the only possible origin of this myth was in amazing overdoses of cocaine mixed with bourbon, but after Hurricane Katrina I had occasion to settle a number of property loss cases in New Orleans and vicinity and saw admiralty terms in the settlement agreements.  Of course, I asked what was going on, with these very normal and  (as respectable as they can be) insurance lawyers.  It turns out that the “admiralty” and “British Influence on the Courts” myth actually has some historic foundation in the post World War II development of the Southern USA Oil Offshore Oil Industry, more than JUST BP’s involvement in drilling wells, and that it is this kernel of truth which has just provided enough historical grounding in the history of the Southern USA Oil business that the “British Admiralty Registry” myth won’t go away easily or die a natural death, as it certainly should.

Anyhow, I totally disclaim any responsibility for Orly’s unwarranted attacks on Judges.  If she had ever really listened to me, her litigation would have been conducted in a much better researched, more dignified, and more responsible matter, but she was basically out there to become “famous or infamous”, just so long as she got headlines.   As I have written before, I now think that her entire involvement in the Article II eligibility movement was designed to derail Philip J. Berg and to discredit the real constitutional lawyers who were trying to expose Obama’s crimes and lies—before the really got serious, as they have in the past year.  

In my opinion, Obama probably owes his survival as President to Orly Taitz’ completely incompetent litigation show.  I think this was an intentional plan from the very beginning concocted by Orly and her husband Yosi, and that Orly is neither a genuine conservative nor a Constitutionalist in any sense.  I have yet to see firm evidence that Orly is a spy either for Israel or China, but I strongly suspect that she is working for some foreign agent to weaken and destroy America by making a laughing stock out of true conservatives.

Many of us are convinced that those who keep on purveying the “Everything is Admiralty” and “the USA is under British” (or in the alternative, or in addition, Vatican) control are likewise acting as agents for the government.   Some of them are just illiterate.  Anyone who completed the most elementary secondary education in Latin, of course, winces with pain when some of the modern patriots claim that our “inalienable” rights (in-ale-e-en-able) should be read as “unalienable rights” (un-a-leen-able) rights, interpreting that ancient concept of natural birthright to a commercial notion of “rights upon which no lien can be imposed.”  This is the purest poppycock but people persist in believing it.  Just like some people think that Orly is still really working AGAINST Obama.

We have moved back our New Orleans Seminar to the end of July, and we will have a panel discussion on Patriot Myths at that Seminar.  Patriotic Shreveport Louisiana Lawyer Tommy Cryer died a couple of hours after I talked to him the night he agreed to appear at that Seminar, and I intend to dedicate a part of the Seminar to his memory.  Cryer, along with Larry Becraft and Donald W. MacPherson, was among the top anti-IRS Lawyers in the United States, and an inspiration to many people fighting this corrupt system around the Country—but Orly was NEVER on their side, or interested in their work or what they had to say, more’s the pity…..

A Step towards Emancipation from Lies—My Favorite Juneteenth Reading for 2012 is all about 9-11-2001 (from Salon.com)

http://www.salon.com/2012/06/19/new_nsa_docs_reveal_911_truths/singleton/

Remember, remember, Eleven September—the “Terrorist” Treason and Plot….

TUESDAY, JUN 19, 2012 01:24 PM PDT

New NSA docs contradict 9/11 claims “I don’t think the Bush administration would want to see these released,” an expert tells Salon

BY 

New NSA docs contradict 9/11 claims(Credit: Reuters)

Over 120 CIA documents concerning 9/11, Osama bin Laden and counterterrorism were published today for the first time, having been newly declassified and released to the National Security Archive. The documents were released after the NSA pored through the footnotes of the 9/11 Commission and sent Freedom of Information Act requests.

The material contains much new information about the hunt before and after 9/11 for bin Laden, the development of the drone campaign in AfPak, and al-Qaida’s relationship with America’s ally, Pakistan. Perhaps most damning are the documents showing that the CIA had bin Laden in its cross hairs a full year before 9/11 — but didn’t get the funding from the Bush administration White House to take him out or even continue monitoring him. The CIA materials directly contradict the many claims of Bush officials that it was aggressively pursuing al-Qaida prior to 9/11, and that nobody could have predicted the attacks. “I don’t think the Bush administration would want to see these released, because they paint a picture of the CIA knowing something would happen before 9/11, but they didn’t get the institutional support they needed,” says Barbara Elias-Sanborn, the NSA fellow who edited the materials.

Let’s start there. In 2000 and 2001, the CIA began using Predator Unmanned Aerial Vehicles in Afghanistan. “The idea of using UAVs originated in April 2000 as a result of a request from the NSC’s Coordinator for Counterterrorism to the CIA and the Department of Defense to come up with new ideas to go after the terrorists in Afghanistan,” a 2004 document summarizes. The Pentagon approved the plan for surveillance purposes.

And yet, simultaneously, the CIA declared that budget concerns were forcing it to move its Counterterrorism Center/Osama bin Laden Unit from an “offensive” to a “defensive” posture. For the CIA, that meant trying to get Afghan tribal leaders and the Northern Alliance to kill or capture bin Laden, Elias-Sanborn says. “It was forced to be less of a kinetic operation,” she says. “It had to be only for surveillance, which was not what they considered an offensive posture.”

“Budget concerns … CT [counterterrorism] supplemental still at NSC-OMB [National Security Council – Office of Management and Budget] level,” an April 2000 document reads. “Need forward movement on supplemental soonest due to expected early recess due to conventions, campaigning and elections.” In addition, the Air Force told the CIA that if it lost a drone, the CIA would have to pay for it, which made the agency more reluctant to use the technology.

Still, the drone program began in September 2000. One drone swiftly twice observed an individual “most likely to have been Bin Laden.” But since the CIA only had permission to use the drones for intelligence gathering, it had no way to act on its findings. The agency submitted a proposal to the National Security Council staff in December 2000 that would have significantly expanded the program. “It was too late for the departing Clinton Administration to take action on this strategic request,” however. It wasn’t too late for the Bush administration, though. It just never did.

Former National Security Advisor Condoleezza Rice has taken credit for the drone program that the Bush administration ignored. “Things like working to get an armed Predator that actually turned out to be extraordinarily important, working to get a strategy that would allow us to get better cooperation from Pakistan and from the Central Asians,” she said in 2006. “We were not left a comprehensive strategy to fight al-Qaida.” Rice claimed that the Bush administration continued the Clinton administration’s counterterrorism policies, a claim the documents disprove. “If the administration wanted to get it done, I’m sure they could have gotten it done,” says Elias-Sanborn.

Many of the documents publicize for the first time what was first made clear in the 9/11 Commission: The White House received a truly remarkable amount of warnings that al-Qaida was trying to attack the United States. From June to September 2001, a full seven CIA Senior Intelligence Briefs detailed that attacks were imminent, an incredible amount of information from one intelligence agency. One from June called “Bin-Ladin and Associates Making Near-Term Threats” writes that “[redacted] expects Usama Bin Laden to launch multiple attacks over the coming days.” The famous August brief called “Bin Ladin Determined to Strike the US” is included. “Al-Qai’da members, including some US citizens, have resided in or travelled to the US for years, and the group apparently maintains a support structure here,” it says. During the entire month of August, President Bush was on vacation at his ranch in Texas — which tied with one of Richard Nixon’s as the longest vacation ever taken by a president. CIA Director George Tenet has said he didn’t speak to Bush once that month, describing the president as being “on leave.” Bush did not hold a Principals’ meeting on terrorism until September 4, 2001, having downgraded the meetings to a deputies’ meeting, which then-counterterrorism czar Richard Clarke has repeatedly said slowed down anti-Bin Laden efforts “enormously, by months.”

For all the information the documents reveal, one huge matter is conspicuously absent: torture. There are nearly 50 CIA documents relating to such matters as the interrogation of 9/11 mastermind Khalid Sheikh Mohammed and the intelligence gleaned from him, and yet “none of them were declassified at all,” notes Elias-Sanborn. “Certainly, the CIA has a stake in revealing what they did,” and they clearly do not want to reveal their complicity in war crimes.

One last thing is worth mentioning from the documents published today:  Anyone with any doubt that the Israeli-Palestinian conflict is dangerous to the United States is contradicting U.S. intelligence. “Violence between Israelis and the Palestinians, moreover is making Sunni extremists more willing to participate in attacks against US or Israeli interests,” the CIA wrote in February 2001. It is not the only piece of information revealed by the new documents that will be deeply uncomfortable for the Bush administration and hawks across the country.

Jordan Michael Smith writes about U.S. foreign policy for Salon. He has written for the New York Times, Boston Globe and Washington Post.

Comments

  • Yg Bluig
  • TUESDAY, JUN 19, 2012 01:52 PM PDT

“Perhaps most damning are the documents showing that the CIA had Bin Laden in its crosshairs a full year before 9/11 — but didn’t get the funding from the Bush administration White House to take him out or even continue monitoring him. “

But Bush was not in the White House “a full year” before 9/11. He took office in January 2001. On Sept. 11, 2011, he hadn’t yet stolen the election.Yg Bluig

  • TUESDAY, JUN 19, 2012 01:53 PM PDT

I meant ‘on sept. 11, 2000.”

The article doesn’t say that the Bush administration blocked funding for a year, just that the CIA knew OBL’s whereabouts for a year. The implication is that the Bushies did nothing about that information after Bush took office.tanmack

  • WEDNESDAY, JUN 20, 2012 12:57 PM PDT

I recall Condoleeza Rice trying to explain to a Congressional hearing why the Bush Administration had disregarded the memo entitled “Bin Laden to Strike the U.S. with Planes.” I can’t for the life of me remember her response.

A few weeks ago, I rewatched the film Path to 9/11 that covered much of this ground, including CIA frustration that they could not get approval to shoot bin Laden. It also showed Richard Clarke being sidelined after he begged Rice to take bin Laden intel seriously.

I guess this is why the administration approved giving money to the 9/11 victims (rather than face being sued by thousands of families) although the Oklahoma victims received no compensation for their losses.ChillyDogg

  • TUESDAY, JUN 19, 2012 03:21 PM PDT

The CIA spent 70 billion in 2001 yet they couldn’t find a few million to monitor Bin Laden? I have a bridge to sell you.

  • sajwan
  • TUESDAY, JUN 19, 2012 03:23 PM PDT

There’s a lot of people buying.BillyFLA

  • WEDNESDAY, JUN 20, 2012 06:52 AM PDT

Not to mention the $1 Trillion plus that we’ve spent on the GOP’s unnecessary war in Iraq and countless other millions thought needed to beef up homeland security after 9/11. If this was an example of Republicans trying to save a few bucks of Federal money, its also a great example of their being pennywise and pound foolish.Gus1964

  • WEDNESDAY, JUN 20, 2012 08:23 AM PDT

How is it the GOP’s war? How many cowardly Democrats voted for the AUMF?

Just millions to beef up homeland security? I think your calculations are way off. The TSA alone costs billions of dollars a year.

  • sitka0230
  • WEDNESDAY, JUN 20, 2012 07:30 AM PDT

The budgetary process allocates money for specific programs within various agencies. Even if the CIA had $1 trillion in 2001, it doesn’t mean a penny of it was allocated to this mission.

I am curious, though, how you arrived at $70 billion since this budget is classified. There was a slip-up in 2005 or so when it was accidentally disclosed that the CIA budget was $44 billion. I do not know if this includes so-called black ops budget.

  • paulie
  • WEDNESDAY, JUN 20, 2012 08:28 AM PDT

Even more damning is that George’s younger brother Marvin Bush was a principal and prior director of the security company contracted to provide security to the WTC and his and Bush’s cousin Wirt Walker III was the CEO at the time.The company was given a contract the day after GWB’s ignauguration.

These ties were never investigated by the 9/11 ,Commission, of course .

It must just kill the Repugnants and Bush-worshippers that their doofus let bin Laden off the hook so brazenly while that Kenyan Muslim Usurper Ni**er in the White House took him out after less than 2 1/2 years in office.jonvaljon

  • TUESDAY, JUN 19, 2012 02:08 PM PDT

it was all coordinated and neither bush nor obama had any control over when the body that no one ever saw was rolled out, thawed and stamped “done” right on the forehead.

  • mjshep
  • WEDNESDAY, JUN 20, 2012 06:49 AM PDT

I think the tinfoil hat is cutting off the circulation to your brain. Reduced blood flow causes hallucinations.

  • suave
  • WEDNESDAY, JUN 20, 2012 07:17 AM PDT

zzzzzzzz’BillyFLA

  • WEDNESDAY, JUN 20, 2012 06:55 AM PDT

Well it WOULD just kill GOPers and Bushies IF they EVER admitted to making a mistake. But they’d rather line up en masse and insist that they have “no regrets”.sitka0230

  • WEDNESDAY, JUN 20, 2012 07:32 AM PDT

Cognitive dissonance. See, for instance, jonvaljon’s comment. Rather than except reality, invent your own facts to meet your pre-established world view.

  • suave
  • WEDNESDAY, JUN 20, 2012 07:58 AM PDT

.. except your reality relies on faith, instead of irrefutable evidence.

  • jonvaljon
  • WEDNESDAY, JUN 20, 2012 09:06 AM PDT

pics or it didnt happen.

  • WEDNESDAY, JUN 20, 2012 09:27 AM PDT

No, my reality is based on observations and parsimony.

In Memoriam, Stefan Frederick Cook

Originally Published January 14, 2012 at 5:49 AM—I am republishing this now (1) to keep alive the memory of a friend six months after his death, (2) because I received a scurrilous (that’s Latin for “squirrelly”) attack on his memory as a comment, and I felt honor-bound to remind the world of how dangerous it is to allow even the most unpleasant falsehoods to go unanswered.  Major Stefan Frederick Cook had an astounding resumé of service to his country.  Like Robert E. Lee, at the start of 1861, he was tortured by his conscience, the duty he had sworn to uphold the Constitution of the United States, and by his feeling that, under Obama, there could be no justice, not even the pretense of American righteousness, because it was so painfully obvious that Obama was, and still is, a total fraud.  Yes, by the laws of the United States, Military Officers must all swear to uphold the Constitution, and Major Stefan Frederick Cook gave his long and distinguished career so that he might uphold his oath….  Whatever illusions anyone might have had about Barack Hussein Obama’s determination to destroy the United States and turn this country into a Socialist-Military Dictatorship died just 11 days before Stefan Frederick Cook, when the de facto President signed the NDAA, Senate Bill 1867, into law on New Year’s Eve…… which should now be remembered as the Day the Constitution Died…..

Stefan Frederick Cook, a good friend and treasured ally in the cause to preserve American Honor and to defend the Constitution since I first heard of and met him in June 2009, just died of pancreatic cancer in Tampa, Florida this past Wednesday January 11.
He was barely two months my senior, but his military resume was something astounding. There was hardly an action that had taken place or a medal he hadn’t won since 1980. He was exactly the kind of man that makes us so proud of the modern military. I had simply never seen a curriculum vitae that looked like a historical inventory of military events and achievements of the past 30 years.
And yet he had a Constitutional Conscience and a High Regard for his Oath even above his brilliant career. I had no idea he was sick. He and I had talked late last year about his coming out to California to help with the Campaign—I had suggested he run for Senate in Florida. What a brave and noble soul he was and will always remain in my mind.

I shall miss you, Stefan Frederick Cook: a brave man of vast integrity who stood up and said, “I will not serve an unconstitutional President in an unconstitutional war; I will not betray my oath or the integrity of my country and international law.”
There should be a monument to this man for all he was and all he did for his country, the indignities he suffered at the hands of pathetic worms, nullities, obots, fogblowers and politijabbers.  The actions he took in defying the President of the United States were the opposite of unprincipled ambition: Stefan Frederick Cook’s last stand as an army officer was in the highest tradition of personal self-sacrifice for the national good.
Ave atque Vale, Frater Meo Armis. Sic Transit Gloria Mundi.

This must have happened very quickly.  I had been in touch with Stefan late last year during the holidays…the following article appeared in the Post & Email yesterday:

LT. COL COOK PASSED AWAY. HE WAS A GREAT PATRIOT AND A FIGHTER AGAINST OUR CRIMINAL USURPER OBAMA. MAY LT. COL COOK REST IN PEACE. MAY MANY OTHERS RISE AND FIGHT THE CRIMINALS IN POWER IN MEMORY OF LTC COOK

Posted on | January 13, 2012 |

19459073  Lt. Col.

The Post & Email has just learned that Lt. Col. Stefan Cook, about whose illness we reported yesterday, has passed away at the James A. Haley Veterans Hospital in Tampa, FL at approximately 2:30 p.m. today of pancreatic cancer. Cook, then a Major in the U.S. Army Reserves, had challenged Obama’s constitutional eligibility to serve as president in July 2009 through Atty. Orly Taitz. After Taitz filed the lawsuit in Georgia, Cook’s orders to deploy to Afghanistan were rescinded by the Army, a move which Taitz had hailed as a victory. At the time the lawsuit was filed, Maj. Cook had expressed his concern that he might be carrying out illegal orders in the event that Obama was not constitutionally qualified to issue them. He had told WorldNetDaily, ”[Then] any order coming out of the presidency or his chain of command is illegal. Should I deploy, I would essentially be following an illegal [order]. If I happened to be captured by the enemy in a foreign land, I would not be privy to the Geneva Convention protections.” SNIP Previous article at the Post and Email. Free Republic prayer threads here and here. Link to roaddog727′s homepage on FR. He joined Free Republic on September 7, 2003. His last post was on December 21, 2011. YouTube video of roaddog727 speaking at the Free Republic National Convention on September 11, 2009. (Excerpt) Read more at thepostemail.com …

If there were no minimum wage in the United States, how low would wages go?

Revisiting a topic I’ve discussed on this blog before, there was a new article on UK Yahoo, much to my surprise:

http://uk.finance.yahoo.com/news/should-we-scrap-the-minimum-wage.html

If there were no minimum wage in the United States, how low would wages go?  Would inflation come to an end?  How far might price deflation go?   Would outsourcing of American jobs stop immediately?  Would the power of labor unions increase or decrease (assuming freedom of contract and freedom to strike were preserved as a matter of constitutional right)?  Would anyone ever bother to immigrate illegally into the United States again? 

According to Wikipedia, “Many countries, such as NorwaySwedenFinlandDenmarkSwitzerlandGermanyAustriaItaly, and Cyprus have no minimum wage laws, but rely on employer groups and trade unions to set minimum earnings through collective bargaining.”  Is it coincidental that these are some of the countries with the highest standards of living in the world?  Higher than the standard in the United States?

The minimum wage was instituted in the United States as a matter of Federal Law in 1938, five years into Franklin D. Roosevelt’s New Deal.  Richard M. Nixon tried to impose “wage and price controls” as an antidote to inflation in 1971-72.  Nixon’s program was an unmitigated disaster and has not been repeated, but because of the mythology that the minimum wage guarantees a “living wage”, the Federal Minimum Wage is updated every few years.  It is an absurdity that one of the causes of inflation is automatically adjusted upwards to inflation.

My position is that government regulations such as the minimum wage stoke inflationary fires and provide no real security to anyone.  If elected to the United States Senate, I would propose a repeal of the Federal Minimum Wage and add a statutory clarification that any state-imposed minimum wage would constitute an unconstitutional infringement on the rights and obligations of contract, an infringement on Freedom of Association and Freedom of Speech, and a taking of liberty without due process of law.  

Let’s try to bring America in line with the most prosperous nations of Europe—ABOLISH THE MINIMUM WAGE!  MAKE AMERICA COMPETITIVE AGAIN!  Require EXCELLENCE in PRODUCTIVITY before automatic rewards.  

Oh, by the way, adjusted for inflation and currency, the average worker’s wages in Austria, Germany, Denmark, Sweden, and Finland, at least (countries with which I have some familiarity and have studied recently) have higher EFFECTIVE wages and lower rates of inflation than the United States of America.  Finland supposedly has the finest education system in the world.  America’s public educational system is a nightmare failure and should probably be abolished all together as one of the first and principal failures of governmental compulsory “welfare” laws.

CONSTITUTIONAL WAR vs. 1984 “Perpetual War”

Congress, originally (in 1787), was supposed to be the successor to Parliament as the highest expression of the Sovereignty of the Anglo-American People.  It seems, over the past 70 years, that Congress has largely abandoned its role as the primary lawmaker in the United States. As noted on this blog recently, Executive Orders have pretty much replaced legislative enactments.  During the 1950s and 60s, the Judiciary was commissioned with implementing the program of desegregation which neither of the directly political branches were willing to impose on the unwilling American people.

But now, as a consequence of all this history, the “legislature” now longer “legislates”–it mostly ratifies bills prepared by bureaucrats or lobbyists.  Debate is almost nugatory, no longer meaningful, and elections seem “rigged” at all levels.  One of the key powers of Congress granted in Article I of the Constitution was the power to declare war, and Congress has done this throughout history—but the last times were in 1941-1942 at the beginning of the Second World War.  

I find myself simply astonished by the following brain-dead (anti-Libertarian, anti-Ron Paul, anti-Constitutional) Republican “Red State” website (http://www.redstate.com/dcacklam/2012/05/16/law-war-security-why-libertarians-are-wrong-about-indefinate-detention/) defense of Indefinite Detention, but I reproduce it here merely to highlight its one key but absolutely fatal flaw—the “War on Terrorism” (like the “War on Drugs”) is an undeclared, unconstitutional war.  It is also a war which is likely to last forever—where there is no Constitutional Declaration of War, there will be no Treaty Ratifying Peace—precisely because the ENEMY DEPENDS ON US FOR ITS EXISTENCE—There can be no Al Qaida, no Terrorist Threat anywhere, that is not nurtured and fostered by the CIA and other elements of the American and “allied” governments.  Long-term terrorism is in essence a fantasy, a very Orwellian Fantasy, just like the “perpetual war” of Eurasia, Eastasia, and Anglo-American “Oceania”: 

I’m sure I’m not alone in having “grown up” on 1984.  In Orwell’s book a very credible “Cold War”-like “perpetual war” consumes what little surplus exists between the economies of London-based Anglo-American Oceania, Bolshevik Eurasia and Sino-Japanese Eastasia, the super-states which emerged from the atomic global war. “The book”, The Theory and Practice of Oligarchical Collectivism by Emmanuel Goldstein, explains how the balance of power is maintained: each state is so strong it cannot be defeated, even with the combined forces of two super-states—despite changing alliances. To hide such ridiculously illogical contradictions, history is  constantly being re-written to explain that the (new) alliance always was so; the populaces accustomed to doublethink accept it.

EXACTLY LIKE THE ARAB-ISRAELI CONFLICT AND THE WAR ON TERRORISM, ORWELL’S “FICTIONAL” (or was it Prophetic?) WAR is not fought in Oceanian, Eurasian or Eastasian territory but in the arctic wastes and a disputed zone comprising the sea and land from Tangiers (northern Africa) to Darwin (Australia).  

{{{For those of you with a weak grasp on geography, that includes Morocco, Algeria, Libya, Egypt, Israel Syria, the Arabian Peninsula, the site of the USS Cole disaster in 1999, the sites of the U.S. Embassy Attacks in Nairobi & Dar es Salaam in 1998, Somalia, the Persian Gulf, Afghanistan, Pakistan, and Southeast Asia including Bangladesh, Vietnam, Malaysia and Indonesia—in other words EVERY major theatre of war since 1945 EXCEPT for Korea, but including BOTH “Stanleyville and Saigon” and Algiers which were sites of major undeclared “hot spots in the cold war” in the 1950s-60s).  I sometimes wonder whether 1984 was actually an INSTRUCTIONAL manual leaked out, and quickly reclassified as a “fictional” work.  The author George Orwell really DID work for BBC Wartime anti-Nazi propaganda in India, after all, and given his circle of friends and contacts he was probably as privy as anyone outside of government could be to Power-Elite’s Vision of their plans for the next 70 years….}}}

At the start of Orwell’s Perpetual War, Oceania and Eastasia are allies combatting Eurasia in northern Africa.

That alliance ends and Oceania allied with Eurasia fights Eastasia, a change which occurred during the “Hate Week” (comparable to the real world “National Brotherhood Week” maybe?) dedicated to creating patriotic fervour for the Party’s perpetual war.  The public are utterly insensitive and blind to the change; in mid-sentence an orator changes the name of the enemy from “Eurasia” to “Eastasia” without pause. When the public are enraged at noticing that the wrong flags and posters are displayed they tear them down—thus the origin of the idiom ”We’ve always been at war with Eastasia”; later the Party claims to have captured Africa.  

{{{I personally have, for a long time now, suspected that it is no coincidence that we first went to war with Saddam Hussein and a terrorist named Osama bin Laden and then [had elected for us] a New World Order President named Barack Hussein Obama—so that people would have these similar sounding names confused, just as in Orwell’s 1984}}}.

“The book” by Goldstein, a credible name for a New World Order Theorist if ever there was one, explains the design and purpose of the unwinnable, perpetual war: the war serves to consume all “surplus” or excess human energy, time, labour and commodities, hence the economy of a super-state cannot (or is not expected to) support economic equality (a high standard of life) for every citizen.

Goldstein also details in characteristic doublespeak an Oceanian strategy of attacking enemy cities with atomic rockets before invasion, yet dismisses it as unfeasible and contrary to the war’s purpose; despite the atomic bombing of cities in the 1950s the super-states stopped such warfare lest it cause disequilibrium among the perfectly balanced and perpetually warring powers and thus bring about the uneconomical, politically undesirable, result of an actual peace.

Even the Perpetual War military technology in Orwell’s 1984 is prophetic in that, although it differs little from that of World War II, strategic bomber airplanes have been largely replaced with an evolved species of Werner von Braun’s Rocket Bombs (not quite the ICBMs of the Cold war, or the ABMs of the Star Wars Dreamtime).  True to the reality of Korea, Vietnam, and Iraq, helicopters were heavily used as weapons of war (while they didn’t figure in WW2 in any form but prototypes) and surface combat units have been all but replaced by immense and unsinkable Floating Fortresses, island-like contraptions concentrating the firepower of a whole naval task force in a single, semi-mobile platform.  Orwell’s novel describes one such platform anchored between Iceland and the Faroe Islands, suggesting an Political and Practical “Perpetual War”-perpetuating preference for sea lane interdiction and denial).

In any event: serious students of U.S. History will recognize in the passage below, but see the logical and moral flaws in, the direct comparison to the U.S. Civil War of 1861-1865—when the rights of Americans, North and South, were first repressed and began their long decay into the nightmare of what I can only call either “the Brave New World” or “The New Dark Age”—although fans of George H.W. Bush like to call it “The New World Order”:

Law, War & Security – Why libertarians are wrong about ‘Indefinate Detention’

Posted by Dave_A (Diary)
Wednesday, May 16th at 2:56AM EDT
14 Comments
Recommenders: mikeymike143 (Diary), PowerToThePeople (Diary)

We hear complaints on this subject from time to time – in the past it was Bush’s opening Gitmo, the 2006 Military Commissions Act, and now it’s the NDAA & Obama not closing Gitmo…

Supposedly, this is a ‘grave violation’ of people’s rights, and we should all be very, very afraid because ‘It might be us next’…

Predictably enough, it’s usually lefties, extremists, libertarians, and Paul supporters (but I repeat myself on the last one, it seems – as that group encompasses all of the ones preceding) making these claims…

And rather than using the correct terms – such as EPW (Enemy Prisoner of War) or POW, and ‘detention for the duration of hostilities’, they use ‘indefinite detention’ and ‘violation of habeas corpus’ – as if the situation is one of holding every-day civilian criminals indefinitely without trial, rather than holding enemy combatants (some lawful, some very much unlawful) captured while engaging in hostilities against the United States…

So, with that said, here’s the case FOR proper handling of EPWs – or as the L’s call it ‘indefinite detention’:

1) The traditional treatment of captured persons, and specifically the concept of taking prisoners & holding them for the duration of hostilities or until an exchange can be negotiated, is older than the United States – and something we practiced ourselves in every war we have fought.

If it was Constitutional and right to hold British, Mexican, Spanish, German, and Japanese prisoners for the duration of the war-in-question – and to hold captured rebels for the duration of hostilities during the Civil War (despite their holding US Citizenship (the Union never recognized the CSA as a foreign nation) it being legal under the Constitution to try and execute them for treason instead – a decision likely influenced by the mutual possession of prisoners by both sides & the Union’s desire for reconciliation after eventual victory), what has changed to make it suddenly unconstitutional to hold Al Queda and Taliban prisoners in the same manner?

2) There are international agreements on the treatment of captured and retained persons – a subset of what is referred to in the military as ‘Law of Armed Combat’ or ‘Law of Land Warfare’ – that require certain things & prohibit others. Shooting surrendered enemy forces is prohibited, as is torture and various other offenses. <b>So is subjecting captured enemy troops to the capturing nation’s CIVILIAN JUSTICE SYSTEM.</b> Prisoners found to have engaged in unlawful combat/war crimes (through a hearing process spelled out in the aforementioned agreements) are to be tried by <b>military court</b>, NOT civilian court.

3) Of the alternatives, indefinite detention is the only legal way to keep captured enemy forces from returning to the battlefield (that’s why we’ve done it in every other war).

History – including OUR OWN history – shows that when combatants escape or evade capture, they routinely rejoin friendly forces and return to the fight. This isn’t unique to bad-guys – the US military has a good list of medals awarded to troops who escaped from or evaded capture, then returned to friendly lines & re-entered combat. In this war, we have a Marine of Muslim descent, who after being captured in Iraq tricked his captors into releasing him to a neutral Muslim country with promises that he would desert – of course when he got there he immediately went to the US Embassy & returned to the Marines. In addition, there are documented cases of released EPWs returning to the fight against us in this war.

- We can’t shoot them – that’s kind of illegal and immoral (Yes, they’d do it to us, but the price of being good guys is, well, being good)…
- We can’t try them as civilians – they’re not civilians, and it’s illegal.
- Releasing them to a foreign country means they’ll be back in the fight against us as soon as they can find a way home (as a Soldier myself, that’s what I’d do to them if I managed to get captured & released alive (fat chance – which is why anything is preferable to capture in this war, but let’s allow the example))…
- (For Taliban captured in Afghanistan) Turning them over to the Afghans results in them being treated as civilian criminals by the Afghan government, and that results in their being released due to the Afghan rules of evidence being ridiculously too limited.

So that leaves the one thing every single nation has done during a war – lock them up in a POW camp, in military custody (a place like, um, Gitmo) until the war is over…

3) The notion that we are in danger of EPW measures being used against US citizens, on US soil & not engaged in hostilities against the United States, for political or other nefarious purpose is unjustified paranoia. We have been at war for over 10 years now, and it hasn’t happened. Now it’s understandable to hear various revolutionary movements complaining, because at their core you usually find extremists who are willing to levy war against the US to achieve political ends – and who want to make winning that war as hard as possible for the US. But for everyone else, it’s paranoia… Plain and simple…

Personally, I’d say the violent-revolutionary types should be more worried about what we’ll do to them if they actually try to have their revolution – getting captured & held for the duration is the least of worries (compared to being killed by vastly superior pro-US forces, or captured & executed for treason)….

 (http://www.redstate.com/dcacklam/2012/05/16/law-war-security-why-libertarians-are-wrong-about-indefinate-detention/

May Day, May Day: Happy Birthday to Pedro Un Cen, 63, Feliz Cumpleanos yete Hach Ki’imak Olal le Kin ka Sihkech….

I turned 52 last month, and as a consequence have spent a lot of time thinking about the cut or missing threads of friendship in my life.  A couple of days ago I was inspired to remember and write “Happy Birthday” to a friend I haven’t heard from in years, but who was my rod and my staff for a long time, namely “Carmen” Jacqueline Amber Burns, aka “La Carmencita”, on or near whose birthday I originally met her in New Orleans at the annual meetings of the Society for American Archaeology in 1991.  I suppose it all started when a girlfriend from my teenage & college years contacted me in late 2010 or early 2011, with whom I have been happily and regularly corresponding since, although she’s happily married with a college-age daughter and on the opposite side of the continent….  

But from about May or June of 1982 onwards, one of my closest friends was a native speaker of Yucatan Maya named Pedro Un Cen—and unfortunately I lost contact with him about the same time and for some of the same reasons of shifting life focus as I lost contact with Carmen Jacqueline…. but Pedro was more my teacher and my guide to Yucatec Maya nature, modern and archaeology than any other single individual—he and his brothers Marcelino (an elder brother) and Luis Vicente (a younger brother) together with his cousins Felipe Cen Ucan and Felipe’s younger brothers Vicente and Damian….  Pedro’s entire family worked for me from 1982-1987/1989 at Chichén Itzá and Xkichmook, Yucatán, in years which were not merely magical and fairy-tale like for me, but I think would qualify that way in almost anyone’s life….

The Un Cens and Cen Ucans were experts in the local terrain, obviously, knowing every plant and rock formation and every nuance of soil or water on the surface and below the ground, every animal and every insect, bird and lizard, and all the peculiarities of each species.  No modern Americans or Europeans born into the 20th or 21st century modern/post-modern world can imagine what it is really like to have intimate local knowledge of land the way these rural Yucatec Maya people still did as recently as the 1980s…. I am told that the early 20th Century Irish and Scots still had such knowledge in England, perhaps some of the Appalachians of Kentucky, Tennessee, North Carolina, and the Virginias might have had something remotely similar—as was captured, albeit briefly, in the movie the Hunger Games about which I can’t stop writing.  Certainly Pedro, Marcelino, Luis Vicente, and their cousins Felipe, Vicente, and Damian had all known hunger and hardship during their lives in a way that educates and humbles, and at the same time exalts and magnifies both their minds and their souls, as well as the scale of their achievement for having survived.

I know that since the late ’80s, electricity, running water, and television have crept into San Felipe Nuevo, bringing both comfort and amnesia, and I wonder whether Pedro’s grandchildren will know one-one-thousanth as much about their world as he did…. I tried to learn as much from Pedro and his family as I could…. but I missed lots and lots, I’m sure, even lots and lots of opportunities.

Our modern minds are atrophied to learning only things that can be useful—and without knowing the context, nothing is truly useful….

With the Un Cens and Cen Ucans I regularly learned about and attended their rain (Cha-Chaac) and village cleansing (Loh Cah) ceremonies at Tumben Cah San Felipe (aka “San Felipe Nuevo”), Municipio de Tinum, Yucatán.  Pedro had been born in Uchben Cah San Felipe (“Old San Felipe”), but sometime in the late 1970s, had a falling out with his grandfather and uncle which led to the assassination of some of Pedro’s prize pigs (the grandfather was ever afterwards “the pig-killer”—ku cinsik keen).  Pedro, together with his Father Don Andres Un Dzul, his brothers, and his cousins, all relocated into a new community of San Felipe right in the middle of the ruins of Chichén Itzá, a UNESCO World Heritage (Patrimonio Mundial) site—one of the most famous and visited archaeological sites in the entire world, ranking right up there with the Acropolis and Delphi or Mycenae (Mikinis) in Greece or Stonehenge in England—Chichén is much more accessible and better known to the public than, for example Cahokia Mounds in Illinois or Chaco Canyon in New Mexico, although Mesa Verde in Southwest Colorado gets probably the highest number of tourists of any archaeological site in the USA… unless one counts the site of the World Trade Center in New York as an oddly modern kind of archaeological site….

What I remember most from Pedro was that he was constantly telling stories and teaching me, because he saw I wanted to learn about his world.  Stories about the stars, animals and spirits of the bush “Ka’ax” and the ruins “mulob“.

According to Harvard’s preeminent geneticist Richard Lewontin, the Yucatec Maya are one of the “racially purest” groups on planet earth, insofar as DNA evidence suggests real homogeneity and the duration of isolation from other groups.  If this is true, it proves that racial purity IS a virtue, because the Yucatec Maya are indeed among the noblest people I have ever known in my life, Pedro Un Cen, his brothers and cousins, leaders among them.  They taught me about their legends and folktales, their understandings of and beliefs concerning the ruins.  I could and should write much more about what they have learned than I have.  

But for the moment, I just want to remember Pedro Un Cen’s 63rd birthday, and send him greetings and salutations from across the Universe—to him, his brothers and his children.  No one ever had a better companion, guide, and friend than Pedro Un Cen.

Re: Really Bad Patriot Mythology—When Ideas can be applied practically, stick with them….when they only lead you down rabbit-trails…..”just say ‘no’”….

I have had friends and mentors present some of those ideas to me for close to 40 years. The conclusion I have came to is, if there is something to these theories I still don’t know how to use it to my benefit. In my battles to clean up our legal system I have had more positive affect by holding up a sign in front of the courthouse letting the public know the judge was unfair or dishonest than I believe I could have had by standing mute or saying the court does not have jurisdiction over me. I have also used my campaigns for political and judicial office as a soapbox to inform the public to some affect. Maybe someone can use those ideas to gain some advantage. Although it took a lot of patience and the help of Charles Lincoln, Roger Kehew and others, I am proud of our contribution to getting the Montana Supreme Court to come out with the attached opinion using methods that made sense to me.

I carried a couple of bills during the last legislative session that would have helped the system some more. It is too bad they were killed in the process. Would you like to help get similar bills passed in the coming session if I am lucky enough to get re-elected?

Jerry O’Neil
Montana HD 3
406-892-7602

Dombrowski v. Pfister Anniversary Day (Decided April 26 1965)(Occasionally the Warren Court got it absolutely right….ok, it hurts to say that, but it’s true….)

New Orleans in the early 1960s was not really a hotbed of liberal activism, but I suppose it was a more comfortable place for the ACLU to set up shop than, for example say, Oxford, Mississippi or smaller counties.  New Orleans District Attorney (later Appeals Court Judge) Jim Garrison and many others from “the big easy” certainly took a dim view of their activities and they regarded (possibly correctly) the ACLU as a bunch of commie-pinkos determined to destroy and subvert the American Way of Life (ok, all doubts aside they were CERTAINLY correct about that, however….).

The Supreme Court was blatantly politically biased in favor of the ACLU and was on a political mission to reshape the South in the image of the Brave New World where nobody knows or cares about heritage or history.  In this, the Supreme Court has been amazingly successful.  The average American does not know enough history to follow historical hints on a crossword puzzle or play a historical trivial pursuit game, much less to learn from the lessons of history to prepare for the future.  

But in 1965, to protect the ACLU and its allies from prosecution at the hands of Jim Garrison and the staunchly Anti-Communist Louisiana State Legislature, the Supreme Court did a marvelous thing: it allowed the United States District Courts to enter injunctions against State Proceedings in violation of the Constitution and Bill of Rights. 

Today, almost everything that happens in State Court violates the United States Constitution and Bill of Rights, whether the venue is judicial foreclosure, judicial eviction, judicial dissolution of marriage, judicial domestic relations/child custody adjudication, or criminal prosecution.  President George W. Bush once (to this Country’s permanent disgrace) said that the Constitution was just a piece of paper.  The State Courts of my home state of Texas, onetime state of Florida, and currently adoptive state of California seem to use the Constitution as paper instead of Charmin or Cottonelle….  The state courts, in most parts of the United States in fact, are disgrace, so why are Federal Courts not enjoining their unconstitutional practices right and left?  Well, because the “powers that be” like it this way—it is so convenient to be able to sweep aside the Constitution through elected State Court judges and then have life-time appointed Federal Court judges just say, “don’t worry, that’s fine, you keep on doing whatever you want to do.”

For at least a dozen years now, I have been saying and in fact strongly advocating that Federal Courts need to use their supervisory power to a greater extent over the State Courts, because the State Courts have run amok, in so many different ways.   Various half-assed jurisprudential doctrines such as Rooker-Feldman and Younger v. Harris abstention, together with the evisceration of meaningful Civil Rights Removal pursuant to 28 U.S.C. §1443(1) and related illegitimate principles (utterly lacking in constitutional basis of any kind) such as judicial and prosecutorial immunity, coupled with a ferociously unfair application of res judicata and collateral estoppel, have made the State Courts all but absolutely and totally untouchable in every way.

All but absolutely:  two wonderful cases, Dombrowski v. Pfister, decided 47 years ago today (April 26, 1965) and Mitchum v. Foster, decided 7 years later in 1972, SHOULD have thrown the doors wide open to Civil Rights injunctive action against the abuses of the state courts.  Why this has not happened is, as is obvious to anyone above the age of puberty with an IQ in excess of 100, merely a matter of self-serving judicial politics.  The Lower Federal Courts have basically insulated the State Courts from review even though the Supreme Court said that they didn’t have to do so.

TO EVERYONE WHO CARES ABOUT FIGHTING POLITICALLY MOTIVATED CORRUPTION IN THE STATE COURTS, I recommend that you read and seek to resuscitate the life of Dombrowski v. Pfister (attached:   04-26-2012 Dombrowski v Pfister 380 US 479 85 SCt 1116 14 LEd2d 22 SCOTUS-April 26 1965) and Mitchum v. Foster (attached:  Mitchum v Foster 407 US 225 92 SCt 2151 32 LEd2d 705 [June 19 1972]).   The middle member of this trio of cases is Younger v. Harris and you needn’t worry about studying this one: if you sue to enjoin a State Prosecution, the State will immediately cite Younger v. Harris and quote it at length.  The analysis will be yours whether YOUR situation compares most closely with Dombrowski v. Pfister, an anti-Civil Rights drama set in New Orleans in the age of Jim Garrison (of Oliver Stone’s JFK Fame, played by Kevin Costner) or Berkeley during the “Summer of Love” (the setting for Younger v. Harris).  Unfortunately, most of the US more closely resembles Mississippi Burning at present than any other historical movie—the only difference is that all people, whites, black, browns, and reds, are being suppressed and deprived of their constitutional rights without regard to race, creed, or color, and the Courts are going along with this, pretty much unquestioningly.  It is up to the people to demand that the suppression of rights and the Congressional, Executive, and Judicial Suspension of the Constitution end now.  Following and building upon two of the Warren Court’s finest legacies would serve us all well now….

A University of Virginia Law Review Article also provides a useful perspective on these case: 74 Virginia Law Review 1141 The Ideologies of Federal Courts Law 1141 as does a distinct article from the Indiana Law Review published ten years later: 32 Indiana Law Review 71 Federal Power to Commandeer State Courts 1998 and one published at Yale just the year after Dombrowski v. Pfister was decided, in 1966: 75 Yale LJ 1007 *1966* Theories of Federalism and Civil Rights.