Just some links for now:
Foreign Intelligence Surveillance Act
http://en.wikipedia.org/wiki/Foreign_Intelligence_Surveillance_Act http://en.wikipedia.org/wiki/FISA_Amendments_Act_of_2008 http://www.crooksandliars.com/2008/06/30/special-comment-olbermann-challenges-obama-to-do-the-right-thing-on-fisa/#more-30586 http://www.msnbc.msn.com/id/25463360/ http://writ.news.findlaw.com/dean/20080702.html http://www.eff.org/deeplinks/2008/06/bingaman-amendment
Though I wish I could add some insightful commentary to the fray, the best I can do at present is to gladly welcome habeas corpus back to our judicial system. According to wikipedia "The right to petition for a writ of habeas corpus has long been celebrated as the most efficient safeguard of the liberty of the subject. Albert Venn Dicey wrote that the Habeas Corpus Acts 'declare no principle and define no rights, but they are for practical purposes worth a hundred constitutional articles guaranteeing individual liberty.' "
One of the oldest and most basic legal protections, habeas corpus affords the incarcerated the right to stand before a judge and confront the charges presented against him or her. -
Find out more at the center for constitutional rights press release:
http://ccrjustice.org/newsroom/press-releases/landmark-win-guantanamo-detainees%21
I wish to offer my sincere congratulations to Senator Barack Obama today as he becomes the presumptive Democratic presidential nominee. My push for justice continues by sharing some information about the look of Mr. Obama's notions on court appointments. I have personal disagreements with the conclusions drawn by the author (and some of the commentators), but thinking people deserve this kind of debate. :
http://pajamasmedia.com/blog/what-kind-of-justice-would-president-obama-mete-out/
Barack Obama, the presumptive Democratic presidential nominee, never tires of telling his audiences that he was a constitutional law professor and, therefore, particularly qualified to address the sticky constitutional issues which the next president will face. Indeed, his early fame came, in large measure, from his status as the first African American editor of the Harvard Law Review.
Both because he offers his legal background as a qualification for the presidency and because the next president may have the opportunity to appoint five or more Supreme Court justices (plus as many as two hundred lower court judges), it is worthwhile to look at Obama’s views on the Constitution and his criteria for selecting judges.
Judges as social workers
Obama has described his views on the role of the courts and the proper criteria for picking judges. In a recent interview with Wolf Blitzer, Obama explained:
Now there’s going to be those 5 percent of cases or 1 percent of cases where the law isn’t clear. And the judge then has to bring in his or her own perspectives, his ethics, his or her moral bearings. And in those circumstances, what I do want is a judge who is sympathetic enough to those who are on the outside, those who are vulnerable, those who are powerless, those who can’t have access to political power and as a consequence can’t protect themselves from being — from being dealt with sometimes unfairly. That the courts become a refuge for justice. That’s been its historic role. That was its role in Brown v. Board of Education.
Recently his spokesman stated, “Barack Obama has always believed that our courts should stand up for social and economic justice, and what’s truly elitist is to appoint judges who will protect the powerful and leave ordinary Americans to fend for themselves.”
Well what’s wrong with all that? Plenty, if you believe in the separation of powers and democracy, according to noted conservative legal scholars.
Steven Calabresi, professor of law at Northwestern University and co-founder of the Federalist Society (who also serves on John McCain’s legal advisory committee), says “I think it means he has completely the wrong idea of what a judge is supposed to do.” He notes that since the first Congress all judges have taken an oath to “do equal justice unto the rich and the poor,” but, by asking judges in essence to side with the less well off, Obama is “calling on judges to disregard this.”
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The interview with Wolf Blitzer :
http://transcripts.cnn.com/TRANSCRIPTS/0805/11/le.01.html
BLITZER: You used to teach constitutional law. You know a lot about the Supreme Court, and the next president of the United States will have an opportunity to nominate justices for the Supreme Court. He gave a speech, McCain, this week saying he wants justices like Samuel Alito and John Roberts, and he defined the kind of criteria he wants. So what would be your criteria?
OBAMA: Well, I think that my first criteria is to make sure that these are people who are capable and competent, and that they are interpreting the law. And 95 percent of the time, you know, the law is so clear that it's just a matter of applying the law. I'm not somebody who believes in a bunch of judicial law-making. BLITZER: Are there members or justices right now upon whom you would model, you would look at? Who do you like? OBAMA: I think actually Justice Breyer, Justice Ginsburg are very sensible judges. I think that Justice Souter, who is a Republican appointee, is a sensible judge. What you're looking for is somebody who's going to apply the law where it's clear. Now there's going to be those 5 percent of cases or 1 percent of cases where the law isn't clear. And the judge then has to bring in his or her own perspectives, his ethics, his or her moral bearings. And in those circumstances, what I do want is a judge who is sympathetic enough to those who are on the outside, those who are vulnerable, those who are powerless, those who can't have access to political power and as a consequence can't protect themselves from being -- from being dealt with sometimes unfairly. That the courts become a refuge for justice. That's been its historic role. That was its role in Brown versus Board of Education. I think a judge who is unsympathetic to the fact that in some cases, you know, we've got to make sure that civil rights are protected, that we have got to make sure that civil liberties are protected, because oftentimes there are pressures that are placed on politicians to want to set civil liberties aside, especially at a time when we have had terrorist attacks. Making sure that we maintain our separation of powers, so that we don't have a president who is taking over more and more power. I think those are all criteria by which I'd judge whether or not this is a good appointee.
If I could encourage Barack Obama with one exhortation for his political career, it would be this:Focus on Justice.There are a number of threats that endanger this country at present and in light of these perils it is important that we understand the redemptive power of true justice.
Some danger originates outside the workings of our government. Terrorism remains a very real threat to Americans across the globe. Rising oil prices lead to food shortages and higher transportation costs. Environmental crises, from flooding and drought to rapid extinctions and disease outbreaks, are garnering more attention with greater frequency. Societal shifts toward technology and away from local communities leave gaps in collective knowledge as the population ages.
Meanwhile there are some threats which lie squarely within the purview of our elected representatives. For years our government has colluded with private communications companies to spy on us. Federal Attorneys are expected to follow partisan dictates instead of evidence. Attitudes and institutional bias allow schools to go underfunded, contributing to unacceptable performance in classrooms and the workplace. One adult in every 100 in this country is in jail. There are deep emotional and psychological wounds among citizens, accompanied by a feeling of betrayal and resentment when substantive discussion of our concerns are disallowed.
With all these troubles, a view to continually seek justice could transform our society. Don't run from responsibility on the environment, introduce a culture that treats the plants and animals in our ecosystems with honor and respect. Don't torture people in our prisons, treat them equitably and provide them with a superior alternative. Don't let our government officials get away with crimes because nobody has leaked the right incriminating documents, investigate aggressively and thoroughly and bring the accused to trial openly. Show the American people that you trust them and care for them in word and action. In other words, Focus on Justice.
