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Antonin Scalia Is an Enemy of the State

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Antonin Scalia Is an Enemy of the State!

So says John Ashcroft. Jeffrey Dubner reports

GET YOUR ROBES OUT OF OUR PRISONS! I just watched John Ashcroft's address to the Federalist Society. It's a gripping speech, and quite frightening. He devotes the greatest portion of it to challenging the Supreme Court's decisions in Rasul v. Bush, Hamdi v. Rumsfeld, and the other "enemy combatant" cases. A taste:

...intrusive judicial oversight and second-guessing of presidential determinations in these critical areas of treaties can put at risk the very security of our nation at a time of war.

It's very much in the vein of "the ability to set aside the laws is inherent in the president." There's no transcript available just yet, and I expect there'll be analyses and critiques up by more qualified legal folks than I by the time we get back from the weekend. But I wonder how confined this constitutional theory is to Ashcroft, and whether it will in any way leave office with him. I highly doubt it.

UPDATE: Tonight's keynote speaker is, of course, Federalist Society member and Associate Justice Antonin Scalia. He's as like as not to agree with Ashcroft on this, although it's hard to be sure.

I do think that this is, in part, fallout from Bush v. Gore. Everybody knows that Scalia and company don't believe the equal protection rationale they set forward for their decision. And if what the Supremes are doing is expressing their political preferences rather than setting forth judicial principles--well, why should their will get to override Bush's and Ashcroft's? Just because Scalia, Rehnquist, and company ruled in favor of Bush in 2000 doesn't mean that Bush and company respect them for it.



Ashcroft at it again!

Ashcroft at it again!

Ashcroft Condemns Judges Who Question Bush

Didn't he leave yet?

I know it's hard to admit Johnnie boy, but we do have a constitution.

"Courts are not equipped to execute the law. They are not accountable to the people," Ashcroft said.

What the hell(excuse me) is he saying? Forget the courts? We have checks and balances Johnnie boy, checks and balances. Even in times of war, Johnnie boy. If you had done your job properly, you might have convicted somebody by now. I mean, it can't always be the judges fault Johnnie boy.



O'Reilly attack's judge for adhering to the Constitution

O'Reilly attack's judge for adhering to the Constitution!

Andrew Napolitano gives Bill O'Reilly a lesson in constitutional law.

Video

NAPOLITANO: A fair tribunal in Guantanamo. It would have decided he's a prisoner of war and he gets Geneva protections, he's not a prisoner of war, he goes before a military tribunal. That would have solved the problem.

NY Times further explains the Judge Robertson's ruling.

The administration argues that Mr. Hamdan is not entitled to be treated as a P.O.W. because he worked for Al Qaeda, not a traditional army, and that the president's declaration to that effect was enough to deny him the protection of the Geneva Conventions. Judge Robertson, however, disagreed. Article 5 of the Third Geneva Convention says prisoners can be denied P.O.W. status only by a competent tribunal. Judge Robertson said the administration did not give Mr. Hamdan the sort of proceeding that would be necessary to deny him his rights.

The Bush administration has a history of flouting the law, and the treaties to which the United States is a signatory, as part of the so-called war on terror. It argued, until the Supreme Court ruled otherwise in June, that the detainees in Gitmo had no right to challenge their confinement, and even tried to apply "unlawful combatant" status to American citizens at the president's discretion. Earlier this year, a now-infamous Justice Department memo came to light that set out a road map for avoiding legal prohibitions on the use of torture.

It is too early to tell whether a post-John Ashcroft Justice Department will view these issues differently. For now, the administration says it will appeal this week's ruling, which could set the stage for another Supreme Court ruling that it has gone too far. Meanwhile, America's image abroad will take another beating, and our soldiers will be in even greater danger in the future of being denied Geneva Convention protections should they be captured. The administration should drop the appeal and concentrate instead on upgrading its flawed policies.



Ashcroft, Evans Resign From Bush Cabinet

Ashcroft, Evans Resign From Bush Cabinet

By TERENCE HUNT, AP White House Correspondent

WASHINGTON - Attorney General John Ashcroft (news - web sites), a favorite of conservatives, and Commerce Secretary Don Evans, one of President Bush (news - web sites)'s closest friends, resigned Tuesday, the first members of the Cabinet to leave as Bush heads from re-election into his second term. Both Ashcroft and Evans have served in Bush's Cabinet from the start of the administration. Ashcroft, in a five-page, handwritten letter to Bush, said, "The objective of securing the safety of Americans from crime and terror has been achieved." "Yet I believe that the Department of Justice (news - web sites) would be well served by new leadership and fresh inspiration," said Ashcroft...

Let's see... how many people did he prosecute successfully in the war against terror? Zero. Yes we were well served by you.



Mike's Blog Roundup

Congress Matters: Bush Attorneys General Ashcroft and Gonzalez: Torture "may be necessary in the future"

The Brad Blog: Former FBI translator and whistleblower, Sibel Edmonds, suggests blackmail may be at the heart of Congressional refusal to bring accountability and oversight to its own members - such as both Hastert and Harman - in matters of espionage and national security

TAPPED: ACORN charged in Nevada

The Reality-Based Community: Note to Republicans

AFL-CIO Now Blog: Millions lose health coverage since recession and job-based health care declines

Show Me Progress: Chillax, Y'all



Mike's Blog Roundup

at-Largely: John Ashcroft claims Japanese waterboarding is different from American waterboarding.

Comments from Left Field: Attention Men! Stay out of the Congo

Outside The Beltway: Land of the free ...uh, imprisoned

Hello, Negro: "It is absolutely critical that Obama's negatives go up with Republicans." So says, the Republican marketing man behind the infamous 1988 Willie Horton ad.

Bats Left Throws Right: Goin' Medieval

ANNALS OF JOURNALISM: Networks win Pennsylvania in a landslide!...Murdoch's Newsday deal is bad news for New York...What election sexism?...Villagers still pedaling 'maverick' baloney...There's the truth, and there's NPR truth...Two 'blue collar' media big shots put their heads together...Why the Pentagon talking heads piece in the NYT had no legs. But then, why would we expect Fake News programs to report on their fake news? At least, not everyone went along with the sham...FCC chief says Comcast's network practices need scrutiny...Terry McAuliffe fluffs Fox...Michelle Malkin and warbloggers get everything wrong -- again



Mike's Blog Roundup

Martini Revolution: President Bush: Hypocrite and miserable failure.

Making conservatives cringe since 1977: Maybe when Senator McSame visits Annapolis he'll explain why he's left so many veterans behind.

BAGnewsNotes: Coming to a cubicle near you

The Liberal Journal: Dean working toward a Florida resolution

Balkinization: John "Torture" Yoo issued his controversial and lawless opinion in his own name. But John Yoo did not have the legal authority to issue this opinion . . . unless either Jay Bybee and/or John Ashcroft signed off on it.

HOLY CRAP: The King of America...Navy Chaplain fired...New Baptist John McCain returns to his old Episcopal high school...The lingering effects of anti-abortion terrorism...Get Rich for Jesus...Sympathy for the devil...Demon Rum...John McCain, Jew Counter...



icon Download | play icon Download | play (h/t Heather)

Monday's edition of Bushed! on Countdown begins with Chairman of the Joint Chiefs Chair Admiral Mike Mullen who said he wanted to give combat troops 1-2 years rest time in between deployments, but didn't see that happening in the next year or two. Next up was the eight figure no-bid contract awarded to former Attorney General John Ashcroft by scandal-ridden US Attorney Christopher Christie to monitor a settlement for the DoJ. And finally, one of the many Nexus of Politics & Terror scandals, this one involved Director of National Intelligence Mike McConnell and Attorney General Michael Mukasey, who blatantly lied by saying they had lost intelligence because the telecom companies stopped cooperating with the government for fear of lawsuits -- only to announce later that day that all of those companies had, in fact, fallen into line and were all continuing to participate in the government's surveillance programs.



Ashcroft and a slice

I still say New York pizza is the best, but I wouldn't have any with Ashcroft and neither should his old political appointees...

A pizza luncheon to be hosted this Wednesday by former Attorney General turned consultant John Ashcroft for some of his old political appointees has raised eyebrows in the Justice Department's ethics office, U.S. News has learned. The ethics office, which provides Justice employees with guidance on a wide range of ethics questions, has not prohibited invitees from attending the lunch.



Mike's Blog Roundup

Confined Space: Top ten workplace safety stories of 2006

The Progressive Truth: G-Dub's original WSJ op-ed submission

Friendly Neighbour: A Canadian's personal experience with universal health care (h/t Blue Gal)...and friend Bob Geiger's personal experiences lead him wonder why life and death should be decided by income.

Attytood: Remember Ashcroft telling us about Padilla and his "dirty bomb"?  They didn't even charge him with that so now it's put-up-or-shut-up time for the feds.

Daily Kos: Spocko rocks ABC!  Mickey Mouse blinks...

Patrick W. Gavin: House GOP tries on the minority straight jacket