Just some kid from the Chicago suburbs that moved to the southwest, went to law school, and ended up confronted with shifting ideals. My thoughts...boring and unedited.

Wednesday, April 25, 2007

whatever happened to due process and american justice?

the last week or so has pointed out once again how completely astray our country has gone...just how much liberty, justice and the american way have been tossed aside in favor of what is increasingly becoming a gestapo state.

the other day I was grabbing a coffee and noticed the top headline on USA Today. exonerations of convicted persons by DNA evidence have now hit the 200 mark. initially, given the number of criminal cases in this country (seeing as how we love crime more than just about anything but war), 200 does not seem like such a big number. but every one of those people represents the very thing that our criminal justice system was designed to stop...we all know the saying, "'tis better to let 10 guilty men go free than condemn 1 innocent man." well...god knows how many innocent men have been condemned by a process that no longer cares about such niceties as the bill of rights, due process, proof beyond a reasonable doubt, and all the liberties we have taken for granted. 200 people sentenced for heinous crimes have been proven beyond any doubt not to be the perpetrators, just because they were lucky enough to still have access to the DNA evidence. how many haven't been that "lucky" (a tough word to use for someone that has lost their life to prison for no reason)? how many have been murdered by the government that were guilty only of catching the wrath of the police and the district attorney because someone needed to be blamed?

and amidst this news a murder trial was happening in albuquerque. a good man was charged with first degree murder in a classic self-defense case. that man turned himself in and told the police what happened within an hour of the shooting, he laid out for them how it happened, where it happened, and why it happened. they had the tools to prove their hairbrained theory that he did not act in self-defense but was an all-out-aggressor. they had the tools to show that the victim was seatbelted in (although the seatbelt had no bullet hole and the wound was directly under where the seatbelt would have been)...they had the tools to show he had cut off the victim so as to block him in according to their crazy theory (even though there was no evidence of an accident and the victim had a blood alcohol content of almost three times the legal limit...great reflexes for someone so hammered I guess)...they had the tools to prove this was murder. but what did they do? they took a day off and didn't even go to the scene until two days after the shooting. they did no testing on anything to show their theory was correct even though it made no sense. instead, they charged a man with murder based on nothing more than "he must be lying because he was the shooter...nevermind that if he did not tell us everything we would have absolutely no case whatsoever." and then they actually told the jury this (and I am not kidding, this is a quote) "so there wasn't any testing of the seatbelt...who cares? so the scene wasn't searched that day...who cares? so there wasn't any investigation...who cares?" so this is where our nation has gotten to...the state can charge a man with first degree murder, the worst crime we have...and then tell the jury "we didn't do the work to prove he was guilty...who cares?"

who cares? the american people care. liberty loving people everywhere care. the founders cared. thousands of dead soldiers cared. 200 people exonerated by DNA evidence care. countless other innocent people wasting away in prison or put to death care. welcome to the united states of america...the largest police state in the world.

and not only do we have the government charging murder and then declaring they don't have to prove it and that due process no longer matters...we have police forces outfitted with tanks and assault rifles, trained as soldiers, and conducting military raids to get to those most henious of criminals...folks working for less than the minimum wage. all of this in a nation which was never meant to have a standing army. now, not only do we have a standing army that is sent repeatedly overseas...we have mini-standing armies that are repeatedly sent to battle with the american people. we have cops with tanks...going after folks with the wrong papers. we have a police-state...and having let it happen, we should be ashamed.

there was a time when freedom, liberty and due process was more important to americans than anything...where did we go wrong?

Tuesday, April 17, 2007

boy king: buy more guns, more cronyism, and the "free" market conservative lie...

so a horrible thing happened on the virginia tech campus yesterday. a student who apparently had some issues went on a shooting spree and left 33 dead (including himself) in the wake. from initial reports it appears he utilized two guns in the shooting his way through a few buildings. at such a saddening time with thirty plus families grieving the loss of a loved one at the end of a muzzle the boy king once again fabulously led this nation in moving forward. at a time when folks mourned the shooting deaths of friends, family, children, and others they never knew the president decided to reinforce the party line by reminding us how guns are a good thing (of course, when the boy uses one of the worst acts of mass murder to push a tax cut for his Big Business friends can we really expect anything else?). so while you mourn the senseless deaths of so many by a man with two guns...the boy king wants you to remember this...guns are fantastic.

perhaps realizing the blunder of his chuck heston-esque "pry from my cold dead hands" moment the fool has decided it is a time for us all not to jump to politics about this incident until we know everything that happened. well...except for that little shot he got in about how wonderful guns are immediately after the fact...now that he got his say in we shouldn't let a debate happen. because god knows the man does not like debate...what the hell did you think this was? a democratic nation?

the brainchild of the fabulously successful Iraq War was demoted over to the world bank (much like the brainchild of the fabulously successful Vietnam War before him). which wound up being a good thing for mr. wolfowitz. see, it was difficult to advance his girlfriend at the pentagon...but at the world bank...that's a whole nother story. once at the world bank he could get her effectively fired so that she could get a huge raise. apparently he is pleading ignorance now...because anyone with half a brain might not figure out right off the bat that giving your girlfriend a gigantic raise for nothing might not be the most ethical and proper way to run things. but then coming from the administration that is all about cronyism and "if you nod and say yes you will be rewarded greatly" what more can we expect really. they told you they were going to bring respect back to the white house...instead they brought you abramoff, haliburton, refusals to testify under oath, half-truths and lies to lead you to war. but don't worry...nobody is fucking in the lincoln bedroom...which is really all that we should be concerned with when our democracy is going to hell in a handbasket.

I've noticed lately that most of the folks that speak loudest about how horrible illegal immigration is tend to be the same folks that speak loudest about how wonderful the "free" market is and complain about "handouts." of course they also bitch about how illegal immigration drives down wages. they don't expect you to see the glaring obvious hypocrisy in everything they say though (perhaps because they figure if bush can get elected hypocrisy is something to be proud of). they want you to forget that if the "free" market was really as wonderful as they like to claim, that if that magical invisible hand that guides us all were truly at work, then the labor market would have to be free too. but if the labor market had to be free, that would mean movement of peoples as easily as capital and goods. and this is where they struggle...because free movement of things is only good for them if it lines the pockets of Big Business with money. if the "free" market gets in the way of their paycheck because apparently they aren't worth what they are making (which they will tell you is because they worked so hard and who are you to come in and demand the same pay without having worked as hard...ironic since their argument against immigration inherently includes an admission that there are folks that will do their job for a lot less then them) then we just ignore it. if the "free" market is so perfect...what are they worried about?

we all lose one another on the way...

Friday, April 13, 2007

"executing" the law, "progress" in Iraq, "contributions", and bush's "culture of life"...

it has all become clear to me now...the boy king simply misunderstood his oath of office (which is not that surprising giving the level of incompetence and idiocy that has marked his reign as perhaps the worst president in the history of this nation...not exactly a minor accomplishment given the number of bums that have somehow conned their way into the white house over the years). see, when he swore to faithfully "execute" the laws and the constitution...he took the good ol' boy texas meaning of "execute"...he thought his job was to see to it that the law be put to death. thus, he has spent his entire presidency doing whatever possible to kill the rule of law, the constitution, and any semblence of decency left in american politics. when viewed in this light, it is by no means surprising that he would then try to skirt the law regarding record-keeping in the white house by using the RNC for communications between jabba the hut, the would-be-justice, and anyone else pissed off that prosecutors are not "executing" the law enough. an american leader who claims to support the rule of law and accountability by being outside the rule of law and completely unaccountable...perhaps it would make sense if I had spent a couple decades drunk between snorts...

thank god the mission was accomplished in Iraq and the insurgency is in its last throes. because if there was still a war going on there might be reason to be concerned that the green zone got bombed. and this is what we call "progress"...see, the Iraqis are taking control of their country. now that the american forces apparently no longer totally control the green zone, it seems they control just about every damn place. lawrence of arabia is slapping his forehead from the grave.

record political contributions to presidential campaigns...hooray. anyone notice that with all that money raised, a hell of a lot of good could have been done for a hell of a lot of people that need it? at least our priorities are in the right place. ebay listing - one country for sale, empire in decline, faux-democracy...accountability, democracy and the rule of law no longer necessary.

the boy king is talking about a "culture of life" again...amazing that he can do this with a straight face. perhaps he is geniune, perhaps he is taking baby-steps...first a "culture of life" for things not capable of sustaining themselves. then maybe a "culture of life" for things like plants and wildlife. maybe then a "culture of life" for such ideas as democracy, the rule of law and accountability in government. perhaps at some point a "culture of life" for innocent civilians, actual human beings, etc. in the meantime we will have to settle for a "culture of life" that declares innocent human beings as "collateral damage" while putting others to death in a broken system, leaving countless to die of preventable disease, hunger, poverty, etc., and promotes endless war...

won't be long before we're gone...

Wednesday, April 04, 2007

the boy king's doublespeak, "rove"ing target and other random thoughts...

"whatever we do must be in concert with what happens internationally." the boy king has decided that international cooperation is needed and that the united states cannot act unless it is in accordance with international actions. at least that is what he telling us when it comes to poisoning the environment and killing your children and the planet they will try to live on (family values people...keep up). apparently doing something that will positively effect the whole of the public health and the whole of the american economy (not just that of the richest of the richest) is not worth acting in concert with international opinion. because remember when we had an agreement to protect the environment with the internationally community? boy king got rid of it. and remember when we had an agreement to limit nuclear proliferation? boy king got rid of it. so here is the new white house motto...if it will kill some poor people and make our "texan" connecticut-ites rich, then lets ignore "what happens internationally."

oh...and by the way boy...china is leading us in developing more efficient energy. thought you might like to know.

karl rove was accosted by some patriots the other night. seems he was unable to convince his driver to run over some young people while his car was pelted with assorted objects. maybe its time you got off your bulging ass and worked on your wind sprints mr. rove...you may need speed sometime soon.

another day of stories about who is making enough money to be president and who is lagging behind in sucking up to the wealthiest elite that are fucking you over...more proof that anyone who can win a presidential election these days should be banned from ever holding that office.

the boy king is blaming congress (the most representative body of the country...which isn't saying much) for "undercutting the troops." apparently appropriating money (constitutionally might I add) to get them back to their family is "undercutting"...which I guess in bushspeak is not as bad as simply "cutting"...as in amputating.

nancy pelosi went over to the middle east to meet with some leaders over there and the republicans are in a hizzy over it. seeing as how pelosi is 2nd in line to the presidency should the boy king not be escorted to nebraska quickly enough next time around and cheney is already a walking corpse...I can see why they are pissed off. they made it pretty clear when they elected this fool that they are not interested in anyone walking into the white house with anything even remotely near a firm grasp on foreign relations...hollow belligerent posturing is much more their style.

the religious right must be hating itself at the moment...of all leaders, Hugo Chavez has positioned himself as a champion of morality in shutting down booze sales. for a people that declared "war" on drugs, I expect to see lots of "values" voters finding their way down to venezuela.

the fbi is so good at its job it located a medal of honor that disappeared from the white house awhile back...on ebay. good thing your "homeland" is so well protected.

anybody see "house" last night...besides realizing one of the wannabe houses was a classmate of mine, I realized the whole show was a subtle knock from the faith-based pyschobabble proclaring that as soon as a sperm is released, a soul is born.

the government tells you that drugs are bad and spends billions of your dollars to keep them out of the hands of children (and then transfers a few more billion of your dollars to corporations in charge of locking up your children)...and then turns around and has school board's tell you that if your kid doesn't take mind altering substances to keep them from getting bored while not being left behind they will be sent away.

your "family values" leaders care so much about your children that it took a private grant of $500 million to get serious about addressing childhood obesity...one of the greatest risks to the public health this country knows. but that's ok...like the republican candidate for governor here in NM (and I don't mean richardson...it is easy to confuse the conservative "liberal" with a republican) said "health is like food and shelter. and we shouldn't guarantee anyone food and shelter."

we are running out of water here in the southwest. the answer, of course, is to find more. not to use less. not even if using less is in conjuction with finding more. its like oil that way. and won't it be grand when we are paying 3 bucks a gallon for water even though it is subsidized and belongs to us in the first place and is being sold back to us from companies that stole it from us?

ignore everything he stood for...ignore his teachings...kill in his name as often as possible...just don't ever make his likeness out of chocolate. because that would piss jesus off.

the stock market is "recovering"...which I am sure is great news for all of you that can't afford your mortgage this month. 25 years later we're still waiting for some of that to trickle down.

some grade school kids were charged with felonies for having sex. your tax dollars at work.

somewhere in this country a law enforcement officer is perjuring himself at this very moment.

is anyone else horrified that the government of Iran did what our government would never do...let some folks go as an act of good will.

if you held a memorial once a day for an american killed in Iraq thanks to the policies of the boy king and his infantile advisors...11 years from now you'd be getting close to finishing the project.

the big guns are coming out...

Tuesday, April 03, 2007

conservative attacks on children, stifling the black vote, and money buying "democracy"...

the conservative elite - the same conservative elite that waxes (sometimes poetically...mostly inanely) about "family values" and how two men marrying each other and having a lasting, committed relationship will endanger our children - are again doing everything they can to support Big Business over your children. but really...by this point, are you even mildly surprised? this time it is making sure that government sponsored health care programs are not extended to more children...because god forbid more children have guaranteed access to health care. I mean, the last thing we would ever want would be healthy children (especially now that the boy king has been slapped around by the highest court in the land and told the law actually means what it says and the EPA actually can be ordered by congress to regulate greenhouse gases...so prepare for a veto that will allow your children to be physically poisoned further, as long as they aren't "spiritually" poisoned by the gays). the excuse this time around? some of those kids come from families that have money (well...they would have money, if you ignore the fact that middle class wages have stagnated for quite some time now while taxes on all but the richest have become more and more burdensome - me, this year I paid 25%...guess I don't make enough money to qualify for "relief"). what that statement actually means though is that Big Insurance stands to lose a little bit of money at the expense of healthy children. and everyone that has been paying attention to the boy king and his rasputins understands that money in the pocket of Big Insurance is much more important to the nation than healthy children.

and speaking of healthy children...that genius bloomberg has unilaterally decided that kids dying during baseball games is a small price to pay for all the money Big Business makes on aluminum bats in NYC. citing a "lack of scientific evidence" which is much like the "lack of evidence" that global warming is happening and is being helped along by our idiotic distaste for healthy environments (and children) he will shoot down the council's effort at banning aluminum bats within the city's leagues. one has to wonder what the hell he has to gain from this? personally, I have my money on campaign contributions from louisville slugger. and yes, the main spokesman against the ban...sports equipment manufacturers.

the republicans have been using bans on felony voters to stop blacks from voting. I said it, you know its true...don't act shocked or indignant. in Florida alone they have been using faux-felony convictions to stop legitimate black voters from casting their ballots (i.e. non-felons). not that the national media would let you know...because the headline story needs to be something warm and fuzzy to go with the vaseline on the lense, not the truth or some serious reporting that might make you an informed citizenry (because that might cause some problems for those that have bought your democracy). the governor is now suggesting felons be allowed to vote once they have served their time (jeb was very much against this...if you are wondering why, see above reference to republican election fixing tactics). and I am telling you here and now that anyone who comes out against this measure is suspect...because it is taking away one very effective tool at fixing elections - and neither party wants that practice to stop, mainly because...

they are too busy swimming in pools full of cash given them by "contributors" (a sly term which refers to the monied elite that don't give a rats ass about you or the nation but have used perpetual war footing to form an elite class of war profiteers that now basically have their hands in everything...and what is more american than that?). the big story in the race for the presidency in two years - ah yes...the perpetual campaign to go along with the perpetual war, democracy degraded - who is leading in the money primary and how they are raising so much. it isn't about who has integrity, who is intelligent, who is honest (because that is no longer a quality suitable for the occupant of the white house), who can form a sentence with words that actually exist (again, no longer necessary)...it is who "supports the troops" by gathering tons of money from rich people that then gets handed back to them (along with a bunch of your taxes...because you don't make enough to get "relief"). and this is the state of our nation today...the best democracy money can buy.

sometimes a pony gets depressed...

Monday, April 02, 2007

it's opening day...do you know who your starter is?

the snow has melted below the high altitudes, the lifts at taos are winding down, and the second greatest day of the year has arrived...it's opening day...and it couldn't have come at a better time to distract from the disaster that has become this nation.

so at 1:10 p.m. central time alfonso soriano will dig in to face aaron harang at the great american ballpark in cincinnati. and for the next few months, I will officially believe that world peace is possible, that true liberalism is a viable alternative in this country, that the conservatives are finished, that hunger and poverty can be eradicated, and that carlos zambrano and $300 million can push the cubs to the promised land before the sign on sheffield needs another digit.

and of course my hopes will inevitably be crushed...but at least the tribune company has agreed to sell the cubs...

but its opening day, the one day a year when hope springs eternal and anything is possible...so grab your cap, grab a pencil and scorecard, grab some peanuts, grab a mitt and get somewhere that sells cheap beer to see the game and believe that all will be well.

AC 046299. Eamus Catuli.

Sunday, April 01, 2007

congress can end the war, but we know the democrats won't...

"History will record that we have made a great mistake in subverting and circumventing the Constitution of the United States [by giving the president] warmaking powers in the abcense of a declaration of war. What is wrong with letting the Constitution operate as written by our constitutional fathers? Why should we give arbitrary discretion to mere men who happen to hold office at a given time when the American people and their lives are at the mercy of those mere men?" - Sen. Wayne Morse (following the Gulf of Tonkin Resolution).

it seems 40 years later congress did not learn the lessons of vietnam either (such as John Kerry, who the democrats marched out there a few years back with no apologies for doing the same damn thing that sent so many of his fellow servicemen to die for no good reason). and so now they are trying to right this grevious wrong (which could easily have been avoided if any of them had any training in history - or even something beyond a middle-school understanding of the subject) by declaring that the money they approve for the war must be used to get the hell out by next year.

a whole bunch of complete and total morons are going on and on about how congress cannot now "micromanage" the war (because apparently it is a problem if the most representative body of the government does it, but heralded if don rumsfeld does it) by attaching conditions to money...namely, get the fuck out next year. most of these fools have never seen a day of combat in their lives (although one did land on a carrier once, so that he could declare the mission was accomplished and then watch another few thousand American soldiers die for his lies)...but they insist they know exactly how to "support" the troops. the amusing part is that they try and harken back to vietnam as a time when the troops did not get the "support" they needed from washington (because they were sent to a war based on some presidential liberties with the truth, lied about to as how the war was going, and wound up stuck in a war going nowhere against an "enemy" that had absolutely no intention of stopping - the only way to win such a war - while the folks in washington decided to just keep sending a few more boys off to die...sound familiar?).

but congress absolutely can and should put conditions on the money it hands out. of course that would mean the strict constructionists (which the conservative elite assholes so love) would have to be listened to, and the unambiquous language of the constitution would need to be followed. congress has the power to tax and spend...congress only. congess has the power to declare war...congress only (even if it tries to hand that away). congress has the power to spend for the common defense...congress only. (and yes, there is a rather intellectual and pointless argument that this is offense anyways...so its extra-constitutional and how can the congress have power over it). put them all together...and congress can give money to for military operations...with whatever the hell catch they so want. once again...activist conservative leaders are trying to tell us the constitution does not say what it clearly says. that being said...

some applaud the democrats for doing this...I say bullshit, the democrats are still a punchline and a farce. the only way they would ever take this step is with the knowledge that it won't pass in the end. they claim they want to end the war...and tell us they are trying to do just that. well, I for one am calling BULLSHIT! you want to end this thing? repeal the resolution authorizing "all necessary force." repeal the faux-declaration of war. if you were serious about any of this, it would be done. you have the president by the balls...your constituents and the world are begging you...squeeze goddamnit...squeeze.

until that day...don't give me your baseless rhetoric. until that day...you remain an embarrassment to democracy. until that day...you remain frauds.

there must be someway out of here...