“Elena Kagan is another bad pick for the Supreme Court. If confirmed, it is likely that she will vote on cases with the intent of advancing political policy goals. Kagan will probably vote to advance liberal policy goals, just as some other justices vote to advance conservative policy goals. That is not the place of justices, who should be applying the Constitution, not trying to rewrite it to make society work better according to their views.

“However, the bitter battles over Supreme Court justices expose a more serious problem in our federal government: the legislative and executive branches simply refuse to take the Constitution seriously.

“Once upon a time, Congress felt it had a duty to legislate in accordance with the Constitution. Likewise, past presidents believed that they should veto laws that were not clearly constitutional. But in more recent years, both branches have thrown this crucial duty away. Now their attitude seems to be, ‘We can pass anything we want to, and let the Supreme Court deal with it if they don’t like it.’ That was absolutely not what the American Founders had in mind.

“We shouldn’t have to worry so much about who gets appointed to the Supreme Court. It shouldn’t be the case that a single justice can make all of American society lurch from one direction to another. They shouldn’t have that much power.

“Republicans who want to throw stones at Kagan, ought to ask themselves why they supported the Bush Administration’s blatantly unconstitutional Patriot Act, or why they supported huge expansions of the blatantly unconstitutional Medicare program. When they were in power, they showed absolutely no respect for the Constitution.

“I wish that President Obama had picked a nominee with more regard for the original intent of the Constitution. But even more than that, I wish that he and the members of Congress would stop shirking their responsibility to apply the Constitution themselves.”

For more information, or to arrange an interview, call LP Executive Director Wes Benedict at 202-333-0008 ext. 222.

The LP is America’s third-largest political party, founded in 1971. The Libertarian Party stands for free markets and civil liberties. You can find more information on the Libertarian Party at our website.

If you have not yet become a member of the Libertarian Party and wish to do so, please join the only political party dedicated to free markets and civil liberties.

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Yesterday, the White House confirmed that President Obama will not announce a Supreme Court nominee this week. That means you have at least a week to learn more about the potential nominees and what’s at stake with this vacancy.

We have developed brief background reports on the most likely nominees, which are available on our new Supreme Court Watch web page.

The Alliance for Justice has fact sheets on the following potential Supreme Court nominees:

• Merrick B. Garland
• Jennifer Granholm
• Elena Kagan
• Pamela S. Karlan
• Harold Hongju Koh
• Martha Minow
• Carlos Moreno
• Janet Napolitano
• Leah Ward Sears
• Sidney Runyan Thomas
• Elizabeth Warren
• Ann Claire Williams
• Diane Wood

The stakes are high in the appointment of a new justice to replace Justice John Paul Stevens. Our recently released report, “Unprecedented Injustice: The Political Agenda of the Roberts Court” shows a frighteningly clear pattern: the current court has repeatedly gone out of its way to place corporate interests first and
the rights of individuals second. Precedents and long-held principles have been disregarded, frequently in 5-4 votes, revealing a drastic rightward, pro-corporate tilt.

That’s why it’s so important for the next justice to be someone willing and able to persuasively articulate and unhesitatingly defend our individual rights and liberties. Whether the razor thin conservative majority can occasionally be broken is an open question, but given the record of this Court,a full-throated defense of core constitutional values is needed now, more than ever.

Visit the web address below to tell your friends about this.
http://afj.convio.net/site/R?i=WM8Iai1mg_WkTUNx9S6DUw..

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A great article about the worst of the Bush years. Here are a few highlights. For more, read the whole article as it appeared on the NewsTrust.net website:

• 10. Stagnating worker wages and the emergence of a new monied aristocracy. Of all the income growth of the entire country of the United States in the Bush years, the richest 1 percent of the working population, about 1.3 million persons, grabbed up over two-thirds of it. The Reagan and Bush cuts in tax rates on the wealthy have created a dangerous little alien inside our supposedly democratic society, of the super-rich, with their legions of camp followers (sometimes referred to as ‘analysts’ or ‘economists’ or ‘journalists’). The new lords and ladies are the Dick and Liz Cheneys and the people for whom they shill. They are the Rupert Murdochs and the Richard Mellon Scaifes, and they are guaranteed to own more and more of the country as long as more progressive taxation (i.e. pre-Reagan, not pre-Bush) is not restored. They are the ones who didn’t want a public universal health option, did not want the wars abroad to end abruptly, did not want the Copenhagen Climate convention to succeed. They are driven by pure greed and narrow profit-seeking for themselves. They always get their way, and they always will as long as you poor stupid bastards buy the line that when the government raises their taxes, it is taking something away from you.
  Read the entire article 10 worst things about the Bush years here.
• 9. Health and food insecurity increased for ordinary Americans. Health care costs skyrocketed. Most Americans in the work force who have health care are covered via their employers. ‘From 1999 to 2009 health insurance premiums increased 132%” for the companies paying most of the costs of coverage to their employees. Euromonitor adds, “Average private health insurance premiums for a family of four in 1999 were US$5,485 per annum or 7.2% of household disposable income. 2008 premiums were estimated at US$12,973 per annum or 14.8% of average household disposable income.” By Bush’s last year in office, food insecurity among American families was at a 14-year high. About 49 million Americans, one in six of us, worried about having enough food to eat at some points in that year, and resorted to soup lines, food stamps, or dietary shortcuts. Some 16 million, according to the NYT, suffered from ‘“very low food security,” meaning lack of money forced members to skip meals, cut portions or otherwise forgo food at some point in the year.’
  Read the entire article 10 worst things about the Bush years here.
• 8. The environment became more polluted. The Bush administration was the worst on record on environmental issues. Carbon emissions grew unchecked, and the threat of climate change accelerated. In fact, Bush muzzled government climate scientists and had their reports rewritten by lawyers from Big Oil.
  Read the entire article 10 worst things about the Bush years here.
• 7. The imperial presidency was ensconced in ways it will be difficult to pare back. But note that its powers were never used against the oligarchs (unlike the case in Putin’s Russia), but rather deployed to ensure the continued destruction of the labor movement and the political bargaining power of workers and the middle class, and to harass and disrupt peace, rights and environmental movements. A part of this process was the abrogation of fourth amendment protections against arbitrary search, seizure and snooping into people’s mail and effects, and of other key constitutional rights…
  Read the entire article 10 worst things about the Bush years here.
• 6. The Katrina flood and the destruction of much of historic African-American New Orleans, and the massive failure of the Bush administration to come to the aid of one of America’s great cities.
  Read the entire article 10 worst things about the Bush years here.
• 5. The Bush administration’s post-2002 mishandling of Afghanistan, where the Taliban had been overthrown successfully in 2001 and were universally despised. The Bush administration’s attempt to assert itself with a big troop presence in the Pashtun provinces, its use of search and destroy tactics and missile strikes, its neglect of civilian reconstruction, and its failure to finish off al-Qaeda, allowed an insurgency gradually to grow…
  Read the entire article 10 worst things about the Bush years here.
• 4. The Iraq War, in which the US illegally launched a war of aggression that killed hundreds of thousands of Iraqis, displaced 4 million (over a million abroad), destroyed entire cities such as Fallujah, set off a Sunni-Shiite civil war, allowed Baghdad to be ethnically cleansed of its Sunnis, practiced systematic and widespread torture before the eyes of the Muslim Middle East and the world, and immeasurably strengthened Iran’s hand in the Middle East. All this on false pretexts such as ‘weapons of mass destruction’ or ‘democratization,’ for the sake of opening the Iraqi oil markets to US hydrocarbon firms– a significant faction of the oligarchic class.
  Read the entire article 10 worst things about the Bush years here.
• 3. The great $12 trillion Bank Robberry, in which unscrupulous bankers and financiers were deregulated and given free rein to create worthless derivatives, sell impossible mortgages to uninformed marks who could not understand their complicated terms, and then to roll this garbage up into securities re-sold like the
  Cheshire cat, with a big visible smile of asserted value hanging in the air even as their actual worth disappeared into thin air.
  Read the entire article 10 worst things about the Bush years here.
• 2. The September 11 attacks on New York and Washington by al-Qaeda, an organization that stemmed from the Reagan administration’s anti-Soviet jihad in the 1980s and which decided that, having defeated one superpower, it could take down the other. Al-Qaeda’s largely Arab volunteer fighters had confronted the Soviets over their occupation of a major Muslim country, Afghanistan. Bin Laden was himself a Neoliberal Oligarch, but he broke with the Gulf consensus of seeking a US security umbrella, thus creating a fissure within his powerful social class. Al-Qaeda viewed the US as only a slightly less objectionable occupier, though they were willing to make an atliance of convenience in the 1980s. But they were increasingly enraged and galvanized to strike, they said, by the post-Gulf-War sanctions on Iraq that killed 500,000 children, the debilitating Israeli occupation of the Palestinians, and the establishment of US bases in the holy Arabian Peninsula (with its oil riches that Bin Laden believed were being looted for pennies by the West, aided by a supine and corrupt Saudi dynasty).
  Read the entire article 10 worst things about the Bush years here.
• 1. The constitutional coup of 2000, in which Bush was declared the winner of an election he had lost, with the deployment of the most ugly racial and other low tricks in the ballot counting and the intervention of a partisan and far right-wing Supreme Court (itself drawn from or serving the oligarchs), and which gave us the worst president in the history of the union, who proceeded to drive the country off a cliff for the succeeding 8 years. And that is because he was not our president, but theirs. Read the entire article 10 worst things about the Bush years here…
  Read the entire article 10 worst things about the Bush years here.

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(prepared by the National Lawyers Guild)

What rights do I have?

The Right to Advocate for Change.

The First Amendment to the U.S. Constitution protects the rights of groups and individuals who advocate changes in laws, government practices, and even the form of government.

The Right to Remain Silent.

The Fifth Amendment of the Constitution provides that every person has the right to remain silent in the face of questions posed by any police officer or government agent.

The Right to be Free from "Unreasonable Searches and Seizures."

The Fourth Amendment is supposed to protect your privacy. Without a warrant, no government agent is allowed to search your home or office and you can refuse to let them in. Know, however, that it is easy for the government to monitor your telephone calls, conversations in your office, home, car, or meeting place, as well as mail. E-mail is particularly insecure. The government has already begun stepping up its monitoring of e-mails.

CONSTITUTIONAL RIGHTS CANNOT BE SUSPENDED
EVEN DURING A STATE OF EMERGENCY
OR WARTIME.

What should I do if agents come to question me?

1. YOU DO NOT HAVE TO TALK TO THE POLICE, FBI, INS, OR ANY OTHER LAW ENFORCEMENT AGENT OR INVESTIGATOR. Other than providing your name and address to a police officer who is investigating a crime, you are not legally obligated to talk to anyone: on the street, at your home or office, if you’ve been arrested, or even if you’re in jail. Only a judge has the legal authority to order you to answer questions.
2. YOU DO NOT HAVE TO LET POLICE OR OTHER LAW ENFORCEMENT AGENTS INTO YOUR HOME OR OFFICE UNLESS THEY HAVE A SEARCH WARRANT OR ARREST WARRANT. Demand to see the warrant. The warrant must specifically describe the place to be searched and the things to be seized. If they have a warrant, you cannot stop them from entering and searching, but you should still tell them that you do not consent to a search. This will limit them to the scope of the search authorized by the warrant.
3. IF THEY DO PRESENT A WARRANT, YOU HAVE THE RIGHT TO MONITOR THEIR SEARCH AND ACTIVITIES. You have the right to observe what they do. You have the right to ask them for their names and titles. Take written notes including their names, badge numbers, and what agency they are from. Have your friends who are present act as witnesses. Give this information to your lawyer. A warrant does not give the government the right to question, nor does it obligate you to answer questions.
4. IF THE POLICE OR FBI OR INS OR ANYONE ELSE TRIES TO QUESTION YOU OR TRIES TO ENTER YOUR HOME WITHOUT A WARRANT, JUST SAY NO! Police and other law enforcement agents are very skilled at getting information from people. Many people are afraid that if they refuse to cooperate, it will appear as if they have something to hide. Don’t be fooled. The police are allowed to (and do) lie to you. Although agents may seem nice and pretend to be on your side, they are likely to be intent on learning about the habits, opinions, and affiliations of people not suspected of wrongdoing, with the end goal of stopping political activity with which the government disagrees. Trying to answer agents’ questions, or trying to "educate them" about your cause can be very dangerous. You can never tell how a seemingly harmless bit of information that you give them might be used and misconstrued to hurt you or someone else. And keep in mind that lying to a federal agent is a crime.
5. IF YOU ARE STOPPED ON THE STREET, ASK IF YOU ARE FREE TO GO. If you are stopped by the police, ask them why. If they do not have a good reason for stopping you, or if you find yourself chatting for more than about a minute, ask "Am I under arrest, or am I free to go." If they do not state that you are under arrest, tell them that you do not wish to continue speaking with them and that you are going to go about your business. Then do so.
6. ANYTHING YOU SAY TO THE POLICE, FBI, INS, ETC. WILL BE USED AGAINST YOU AND OTHERS. Once you’ve been arrested, you cannot talk your way out of it! Don’t try to engage the cops in dialogue or respond to their accusations.
7. THE FBI MAY THREATEN YOU WITH A GRAND JURY SUBPOENA IF YOU DON’T TALK TO THEM. They may give you a subpoena anyway, so anything you tell them may permit them to ask you more detailed questions later. You may also have legal grounds to refuse to answer questions before a grand jury. If you are given a grand jury subpoena, you should call a lawyer immediately (see contact information at the end). Tell your friends and movement groups about the subpoena and discuss how to respond. Do not try to deal with this alone.
8. IF YOU ARE NERVOUS ABOUT SIMPLY REFUSING TO TALK, TELL THEM TO CONTACT YOUR LAWYER. They should stop trying to question you once you announce your desire to consult a lawyer. You do not have to already have one. Remember to get the name, agency, and telephone number of any investigator who visits you, and contact the National Lawyers Guild for help getting a lawyer.

How should I respond to threatening letters or calls?

If your home or office is broken into, or threats have been made against you, your organization, or someone you work with, share this information with everyone affected. Take immediate steps to increase personal and office security. You should discuss with your organization and with a lawyer whether and how to report such incidents to the police and the advisability of taking other legal action. If you decide to make a report, do not do so without a lawyer present.

What if I suspect surveillance?

Prudence is the best course, no matter who you suspect, or what the basis of your suspicion. Do not hesitate to confront suspected agents politely, in public, with at least one other person present, and inquire about their business. If the suspect declines to answer, he or she at least now knows that you are aware of the surveillance. If you suspect government agents are monitoring you, or are harassing you, report this to the National Lawyers Guild.

What if I am not a citizen?

1. YOU DO NOT HAVE TO REVEAL YOUR IMMIGRATION STATUS. We cannot count on the police to honor local sanctuary ordinances, and the fact that the INS obtained your name in violation of a sanctuary ordinance will NOT prevent you from being deported.
2. FOREIGN NATIONALS WHO ARE ARRESTED IN THE U.S. HAVE THE RIGHT TO CALL YOUR CONSULATE or to have the police inform your consulate of your arrest. The police must allow your consul to visit or speak with you. Your consul might assist you in finding a lawyer or offer other help, such as contacting your family. You also have the right to refuse help from your consulate.
3. DO NOT TALK TO THE INS, EVEN ON THE PHONE, before talking to an immigration lawyer. Many INS officers view "enforcement," meaning deporting people, as their primary job. They do not believe that explaining immigration options is part of their job, and most will readily admit this. (Noncitizens who are victims of domestic abuse should speak with an expert in both immigration law and domestic violence.) A noncitizen should always speak with an immigration law expert before speaking to the INS either in person or by telephone.
4. KNOW AND ASSERT YOUR RIGHTS! All noncitizens have the following rights, regardless of your immigration status: a. The right to speak to an attorney before answering any questions or signing any documents; b. The right to a hearing with an Immigration Judge; c. The right to have an attorney at that hearing and in any interview with INS (however you do not have the right to a free, government-paid lawyer); and d. The right to request release from detention, by paying a bond if necessary. Noncitizens must assert these rights. If you do not demand these rights, you can be deported without seeing either an attorney or a judge. Leaving the U.S. in this way may have serious consequences for your ability to later enter or to gain legal immigration status in the U.S.
5. TALK TO AN IMMIGRATION LAWYER BEFORE LEAVING THE U.S. Anyone not a U.S. citizen may be barred from coming back to the U.S. if they fall into certain categories of people barred from entering. This includes some lawful permanent residents and applicants for green cards. Some noncitizens that have been in the U.S. without INS permission may be permanently barred from re-entering. In addition, some noncitizens that leave the US and return with INS permission may be swiftly removed from the U.S. if they end up in immigration proceedings.

CONTACT INFORMATION

• National Lawyers Guild National office: (212) 627-2656, www.nlg.org
• National Immigration Project: (617) 227-9727
• Immigration Law Center (Immigration law information is available on www.nilc.org)

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Duty, Honor, Country 2007

The Nuremberg Principles says that we in the military have not only the right, but also the DUTY to refuse an illegal order. It was on this basis that we executed Nazi officers who were ‘only carrying out their orders’… The Constitution which we are sworn to uphold says that treaties entered into by the United States are the ‘highest law of the land,’ equivalent to the Constitution itself. Accordingly, we in the military are sworn to uphold treaty law, including the United Nations charter and the Geneva Convention… Based on the above, I contend that should some civilian order you to initiate a nuclear attack on Iran (for example), you are duty-bound to refuse that order. I might also suggest that you should consider whether the circumstances demand that you arrest whoever gave the order as a war criminal.

By Dr. Robert M. Bowman, Lt. Col., USAF, ret., National Commander, The Patriots

Dear Comrades in Arms,

You are facing challenges in 2007 that we of previous generations never dreamed of. I’m just an old fighter pilot (101 combat missions in Vietnam , F-4 Phantom, Phu Cat, 1969-1970) who’s now a disabled veteran with terminal cancer from Agent Orange. Our mailing list (over 22,000) includes veterans from all branches of the service, all political parties, and all parts of the political spectrum. We are Republicans and Democrats, Greens and Libertarians, Constitutionists and Reformers, and a good many Independents. What unites us is our desire for a government that (1) follows the Constitution, (2) honors the truth, and (3) serves the people.

We see our government going down the wrong path, all too often ignoring military advice, and heading us toward great danger. And we look to you who still serve as the best hope for protecting our nation from disaster.

We see the current Iraq War as having been unnecessary, entered into under false pretenses, and horribly mismanaged by the civilian authorities. Thousands of our brave troops have been needlessly sacrificed in a futile attempt at occupation of a hostile land. Many more thousands have suffered wounds which will change their lives forever. Tens of thousands have severe psychological problems because of what they have seen and what they have done. Potentially hundreds of thousands could be poisoned by depleted uranium, with symptoms appearing years later, just as happened to us exposed to Agent Orange. The military services are depleted and demoralized. The VA system is under-funded and overwhelmed. The National Guard and Reserves have been subjected to tour after tour, disrupting lives for even the lucky ones who return intact. Jobs have been lost, marriages have been destroyed, homes have been foreclosed, and children have been estranged. And for what? We have lost allies, made new enemies, and created thousands of new terrorists, further endangering the American people.

But you know all this. I’m sure you also see the enormous danger in a possible attack on Iran , possibly with nuclear weapons. Such an event, seriously contemplated by the Cheney faction of the Bush administration, would make enemies of Russia and China and turn us into the number one rogue nation on earth. The effect on our long-term national security would be devastating.

Some of us had hoped that the new Democratic Congress would end the occupation of Iraq and take firm steps to prevent an attack on Iran , perhaps by impeaching Bush and Cheney. These hopes have been dashed. The lily-livered Democrats have caved in, turning their backs on those few (like Congressman Jack Murtha) who understand the situation. Many of us have personally walked the halls of Congress, to no avail.

The official story of 9/11 is a bunch of hogwash. It’s impossible. High levels of our government don’t want us to know what happened and who’s responsible.

Dr. Robert M. Bowman, Lt. Col., USAF, ret.,
National Commander, The Patriots

This is where you come in.

We know that many of you share our concern and our determination to protect our republic from an arrogant, out-of-control, imperial presidency and a compliant, namby-pamby Congress (both of which are unduly influenced by the oil companies and other big-money interests). We know that you (like us) wouldn’t have pursued a military career unless you were idealistic and devoted to our nation and its people. (None of us do it for the pay and working conditions!) But we also recognize that you may not see how you can influence these events. We in the military have always had a historic subservience to civilian authority.

Perhaps I can help with whatever wisdom I’ve gathered from age (I retired in 1978, so I am ancient indeed).

Our oath of office is to “protect and defend the Constitution of the United States against all enemies, foreign and domestic.” Might I suggest that this includes a rogue president and vice-president? Certainly we are bound to carry out the legal orders of our superiors. But the Uniform Code of Military Justice (UCMJ) which binds all of us enshrines the Nuremberg Principles which this country established after World War II (which you are too young to remember). One of those Nuremberg Principles says that we in the military have not only the right, but also the DUTY to refuse an illegal order. It was on this basis that we executed Nazi officers who were “only carrying out their orders.”

The Constitution which we are sworn to uphold says that treaties entered into by the United States are the “highest law of the land,” equivalent to the Constitution itself. Accordingly, we in the military are sworn to uphold treaty law, including the United Nations charter and the Geneva Convention.

Based on the above, I contend that should some civilian order you to initiate a nuclear attack on Iran (for example), you are duty-bound to refuse that order. I might also suggest that you should consider whether the circumstances demand that you arrest whoever gave the order as a war criminal.

I know for a fact that in recent history (once under Nixon and once under Reagan), the military nuclear chain of command in the White House discussed these things and were prepared to refuse an order to “nuke Russia .” In effect they took the (non-existent) “button” out of the hands of the President.. We were thus never quite as close to World War III as many feared, no matter how irrational any president might have become. They determined that the proper response to any such order was, “Why, sir?” Unless there was (in their words) a “damn good answer,” nothing was going to happen.

I suggest that if you in this generation have not had such a discussion, perhaps it is time you do. In hindsight, it’s too bad such a discussion did not take place prior to the preemptive “shock and awe” attack on Baghdad . Many of us at the time spoke out vehemently that such an attack would be an impeachable offense, a war crime against the people of Iraq , and treason against the United States of America . But our voices were drowned out and never reached the ears of the generals in 2003. I now regret that I never sent a letter such as this at that time, but depended on the corporate media to carry my message. I must not make that mistake again.

Also in hindsight, President Bush could be court-martialed for abuse of power as Commander-in-Chief. Vice President Cheney could probably be court-martialed for his performance as Acting Commander-in-Chief in the White House bunker the morning of September 11, 2001.

We in the U.S. military would never consider a military coup, removing an elected president and installing one of our own. But following our oath of office, obeying the Nuremberg Principles, and preventing a rogue president from committing a war crime is not a military coup. If it requires the detention of executive branch officials, we will not impose a military dictatorship. We will let the Constitutional succession take place. This is what we are sworn to. This is protecting the Constitution, our highest obligation. In 2007, this is what is meant by “Duty, Honor, Country.”

Thank you all for your service to this nation. May God bless America , and sustain us in this difficult time. And thanks for listening to the musings of an old junior officer.

Respectfully,

Robert M. Bowman, PhD, Lt. Col., USAF, ret.

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