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.

Thursday, June 28, 2007

when governments violate the law...

While a group of very much American men and women stood trial for standing up for humanity and calling attention to the horrors of war, illegal and immoral, a juror began to write questions for the Court to consider. That juror was Samuel Braithwaite...and during a trial that ended in one of the greatest acts of jury nullification in this nation's history, Mr. Braithwaite sent this simple question out of the jury box...

If, when a citizen violates the law, he is punished by the government, who does the punishing when the government violates the law?

And now, some three decades later, the question again must be asked...who will oversee the overseer? In a nation based upon the rule of law, how does one ensure that the enforcers follow the law when those same enforcers boldly declare they are, in fact, above the very rule of law they took a solemn oath to defend and uphold?

There are millions of human beings, mothers, fathers, brothers, sisters, friends, husbands, wives, sons and daughters being held in cages for violating the rule of law and stepping outside what the overseers have declared is acceptable behavior. There are millions more treated as animals living amongst us, doomed to a life without basic liberty while they wither away on parole or probation. And all the while, the government goes about violating the law with impunity, proudly declaring itself to be above the very basic law it is formed to uphold.

As I write this your government is murdering by the millions. Some of these acts are clear, some are hidden as "collateral damage," some cannot be doubted will lead to hardship and death for billions worldwide. And then, this same government that spends more money on death and destruction than it will ever spend on knowledge, health and community has the audacity to seek the death of suspected killers, all to show that killing is wrong...when it is done by the individual. All the while, this same government is in the business of wholesale violence against the oppressed, the downtrodden, and the poor huddled masses of the world, making a mockery of the solemn promise Lady Liberty has made for us all.

As I write this your government and those that control it are stealing from you, me and everyone else. The United States government has become the antithesis of Robin Hood, constantly doing whatever is in its power to ensure that what little wealth remains at the bottom for the rest of us is siphoned up the ladder to the very few on the very top rung. The government is selling your land, your resources, your wealth, your labor, your livelihood, and even your children to the god of greed.

As I write this your government is hard at work destroying your right to life and liberty and any hope you may have of pursuing happiness. You no longer have any recourse if the powers that be are to snatch you off the street and declare you to be an enemy of the state. The government is blatantly violating every sacred pact it made with those that came before us. You are no longer able to receive an honest day's pay for an honest day's work. The liberties granted to you by the Bill of Rights no longer apply if the Mighty Boy King and his minions place the wrong label before your name. You no longer have any security from financial ruin, robbing you of the ability to pursue happiness through education, hard work, and entrepreneurial acts. You are no longer free to pursue your happiness through a loving relationship with the person of your choosing. You are no longer free to live free of anxiety over health. You are no longer free to a basic human existence.

The government has abandoned the American people. It has violated the very purpose for which it was created.

"We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. — That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, — That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness."

It is you and I that must punish the government that violates the law, that must refuse to be subjected to despotism and war-mongering hate. Speak out. Take action. You are not alone.

"The law will never make man free; it is men who have got to make the law free."

...and it sounds like a whisper...

Monday, June 25, 2007

broken elections, reason to hate democrats, and fixing "free" trade...

it is pretty obvious to anyone with any knowledge of history (this country's and beyond) that the election system in this nation is entirely broken (of course, if you happen to be connected to Big Business and one of the lucky few that actually gets a say in the country then you have no problem with this). money, and only money, talks in the halls of washington these days. the idea of popular democracy or anything approaching a government "of the people, by the people, and for the people" is long dead. there is a simple way to fix this though, or at least begin to right the ship...publically funded elections. unfortunately, the supreme court has again affirmed that money is somehow political speech. again, the supreme court has decided that a properly educated and informed public making decisions is not the way that democracy in this country will work...instead, we are stuck with Big Business buying elections and propogandizing our lives as long as they don't say "don't vote for this schmuck." (which in itself is amusing, since anyone running for national office these days is necessarily in the pocket of Big Business and will not do anything to seriously alter the status quo - see below). i seem to remember something about the right of people to take on a government that no longer supports and protects life, liberty and the pursuit of happiness...wonder where i got that crazy idea?

i saw a bumper sticker the other day that made me want to run a man off the road...it asked me if i were sick and tired and then isntructed me to vote democrat. so what if i am sick and tired of the policies of the democratic party - which really don't mean shit of a difference in the lives of billions when compared to those of the republican party? it was a democrat that forced NAFTA and globalization down our throats over the wishes of the american people. it was a democrat that pushed aside protections for workers and the environment in favor of Big Business selling out this country and average people everywhere. it was a democrat that coined the phrase "war on terror." it was a democrat that happily declared that welfare was dead. democrats remain militaristic and in love with the "free" market. so where is the big change for those of us so sick and tired?

NAFTA was a disaster from the start from all but the richest and Big Business. clinton promised to kill it...then rammed it through. clinton and gore promised it would contain provisions to protect the environment and worker's rights...and then gleefully shook hands with right wing assholes on the white house lawn when those were left out. "free" trade is not free...it is destroying the right to life, liberty and the pursuit of happiness almost all working americans and people across the globe. it is selling you out, working you to death, and leaving you penniless at the end. globalization is just nicer way of saying "fat cat assholes raping and pillaging."

it is time to reform the way that canada, mexico and we are connected economically. of course all the right wing sheep will cry about "losing sovereignty" - funny, since they pushed NAFTA in the first place which gave your sovereignty over to Big Business - but there is a way to help us all. we can pick up mexico and its people while protecting the environment and legitimately competing in a pull to the top rather than a race to the bottom. mexico needs to be salvaged and rebuilt...and canada and the united states can afford to do it - in fact, we can't afford not to. pump money into mexico to seriously pull up its workers and manufacturing base, and require that all workers in all three nations maintain the right organize and the right to an honest days pay for an honest days work. forget about sealing off our borders...open them up to mexicans and canadians alike - and don't listen to the assholes that will tell you mexicans will come up here and drive our wages down...when you lift up their wages at home they will stay home, even if they aren't making as much...europe has proven this.

it isn't quite workers of the world uniting...but the least we could do is unite the three nations' workers that the fat cat leaders sold out with NAFTA. either we all pick each other up...or we will all continue to fall.

it's all gonna break...

Wednesday, June 20, 2007

taxpayer funded death, labor threats, and the real reason the boy king wants guest workers...

tomorrow morning a sentencing proceeding will start in Albuquerque. the State of New Mexico will do its best to see to it that 12 people agree that Stanley Bedford be strapped to a chair and killed with taxpayer funds. they have already gone through the fun of the guilt phase, presenting plenty of evidence concerning an elderly couple that was burned in the trunk of their own car, possibly alive at the time, over the course of a couple weeks earlier this month. it seems the nephew of the couple and his drug addict friend (Stanley Bedford) were involved. it also seems that the main culprit was the nephew, Jerry Fuller, and Bedford likely was an accomplice in need of support for his addiction, the one that assisted Fuller in the gruesome act. and yet the State struck a deal with Fuller that gave him 127 years in prison and used him to testify against Bedford at trial in exchange for no longer trying to kill him. still, they are desperate to kill Bedford and it all starts tomorrow morning at 9:00 a.m. in a seventh floor courtroom (716) at the District Court in Albuquerque (4th and Lomas) (hint, hint).

oh...almost forgot to mention something. Fuller...he's white. Bedford...he's black.

and speaking of taxpayer funded death...the boy king is very much against it. which is why he vetoed a bill that would help advance science and give countless families hope by promoting research in stem cells. in support of his use of the veto (which apparently only comes out when something good comes out of Congress) the child declared the bill would ahve compelled taxpayers to fund the deliberate destruction of human embryos for the first time in the nation's history. well...I for one am glad to know that while my tax money will not go to support the destruction of embryos that will never become humans anyhow and will otherwise be thrown out for HASMAT to pick up. especially considering an obscene amount of taxpayer money already funds the death and destruction of actual human beings through "advanced" weaponry, warfare, lethal injection, warfare, extreme poverty, warfare, torture, warfare, etc. priorities people...seriously.

those big bad labor unions are at it again. now they are trying to set up a bill (which will be vetoed...because it is good) that would allow for unions to form when 50 percent of workers sign the card saying its a good idea. of course the conservative elite are up in arms with their collective panty in a hizzle over it. a head staffer for a big shot elephant (you can tell they are different because there is an "R" after their name rather than a "D"...other than that, basically all the same) declared that it is a horrible idea because the union leaders are known to intimidate people into voting for the formation of a union and the poor workers would be frightened into doing it. yup...that's always historically been the problem...labor leaders have intimidated workers into collective bargaining...its always been the labor leaders that have called in troops to crack skulls and murder those poor management/corporate types just trying to make a living. because if there is anything we have too much of in this country...it is worker's rights...for christ's sake, they can buy bread, what the hell more do they want?

which brings me to a realization I have come to (and yes...I know I am very slow on this, but I wanted to believe, I really did). any politician connected to Big Business (read any politician) that supports a guest worker program is in it for one reason and one reason only...to fuck you. the same reason they all gave us NAFTA (remember that wonderful NAFTA that Al Gore pushed and abandoned his environmental beliefs for...that wonderful NAFTA that Clinton shoved down our throats to the elder Bush's glee)...to fuck you. see, supply and demand goes out the window for these types the second it means that workers will benefit. they claim that these people will do the work that "Americans won't do" and use it as justification to bring them in legally. but here's the catch...it isn't that we won't do the work...it is that we won't do it for subhuman wages. so if the "free" market worked properly...doesn't that mean that they should raise the wages for these jobs until enough people are willing to do them for the pay offered? apparently not...instead they continue to use "globalization" and "advancement" as an excuse to erode your pay while pushing costs up on you. and everytime you vote for a Republican or a Democrat that is what you support...a good old fashioned ass fucking of yourself.

he don't have to say it, so it don't bother him...

Thursday, June 07, 2007

why I do what I do...and why you wouldn't want it any other way...

I have a friend at the local district attorney's office. whenever we run into each other at the courthouse "what are you doing here?" is inevitably the first question asked. his response, without fail - "putting bad guys in jail"...my response, without fail - "keeping criminals on the street." unfortunately, that is how all too many people view what it is we do...he gets convictions, I help murderers, rapists and child molesters go free.

in a nation that claims to pride itself on being a bastion of justice and liberty, it is amazing how many people immediately react to the criminal justice system with disdain for the basic rights which make that justice and liberty possible. the general public develops a mentality which supports convictions at all costs...because if they are sitting at the defense table, they must have done something to get there. frighteningly, this attitude begins to infect the district attorney's office itself...and representing the people, fairness and justice take a back seat to winning...hence the joke "putting bad guys in jail."

and at first glance we think that is a good thing, prosecutors zealously trying to convict. so we overlook sleazy tactics and underhanded approaches which are nothing if not attempts to subvert constitutional rights...what many refer to as "technicalities"...what true Americans call indispensible rights.

and so on countless occassions, when informed of what it is I do for a living the first thought in many people's minds is that I simply "keep criminals on the street." and so I am asked one question again and again - how can you defend those people? the question comes from self-proclaimed liberals just as often as god-fearing conservatives. and everytime it is asked, I shudder a little inside with the realization that the dream once that was America has not progressed much from the days of the witch hunts.

so if you have ever considered asking that question of those of us that "keep criminals on the street" I have one simple question for you...would you really want it any other way? would you really want to know that the presumption of innocence becomes meaningless the second an indictment is filed - even if it is against a ham sandwich? would you really want to know that there was no recourse for you or anyone else if you were no longer free from arbitrary and unreasonable searches of your home and seizures of your belongings? would you really want a police state that could force you into a false confession? would you really want to know that you could, at any time, be thrown into a system which you did not understand and expected to defend yourself and follow all the rules without any help whatsoever? would you really want to know that your freedom and liberty could be taken away without you at least getting a chance to stop it? would you really want to face the prospect of having the government bring all its resources against you for something you did not do and be left with no means to counter that?

in the end, my friend is a good man and a quality district attorney. if seriously asked, he would not say he "puts bad guys in jail." he would tell you he seeks justice, keeping in mind that he represents all of the people, including the individual sitting at my side. and, if seriously asked, I would not say I "keep criminals on the street." I would tell you I ensure that your constitutional rights remain entact, because if they are not guaranteed for the least deserving, they will not be available for the most deserving.

trust me...when it is the State of New Mexico or whichever state you reside in against you...or when it is the United States of America against you...you would not want it any other way.

the king's taken back the throne...

Tuesday, June 05, 2007

flip-flopping boy kings, necessary habeas, and congress making the same mistake...

"either you are with us, or you are with the terrorists." remember those famous arrogant, boorish words spoken by the boy king with such bravado when he was showing the world how the united states was still full of "real" men that will shoot first and ask questions later? well, it seems he is hoping you aren't listening anymore...or at least that you don't give two shits if he takes a page from the kerry campaign and does a little flipping and flopping of his own. recently, while speaking about the offensive "shield" to be placed in europe to protect our fellow white men from those crazed darker skinned arab types in iran he wanted to calm putin and the soviets and other eastern european peoples who were concerned about the squabbles between the two cold war powers which again threatened to engulf their region in a power struggle - "you can be both [a friend of russia and the united states]. we don't believe in a zero-sum world. we don't believe that one should force a country to choose." well if that ain't the darndest 180-degree-flip I've ever seen.

no...we don't believe one should force a country to choose...that is why you are an asshole boy king...because you have forced that which the american people do not believe on them and the people of the world. and for that I say fuck you very much.

turns out habeas might just be necessary afterall. another couple gitmo boys are being set free because the government is full of shit. more of the "worst of the worst" apparently weren't so bad that the government couldn't follow their own damn rules in going after them. these boys were so bad that simple procedural shit was not followed through with...which makes you ask a simple question...are those in charge lying to us, or are they just incredibly inept? either way...welcome to america compliments of conservative drones.

a couple decades ago congress looked at the horror of federal sentencing and decided a point system was the way to go...because if you can't fit it into a point system it just isn't worth considering. (funny thing about all the point crap...at its core it is basically a french way of setting up a legal system...put that on your freedom fries). years later everyone has realized that a point system is a bunch of shit because it cannot possibly take into account the individual differences which we like to proclaim are so wonderful about this nation. so what does congress do now? set a point system to determine if you are "worthy" of entering this nation. being slaughtered in your home country? starving to death because american corporations have destroyed your nation's economy? hard-working and family-oriented with a good ol' christian religiosity? that will get you about 15 points. speak english and want to take a high paying job that american college grads can't fill because the conservative movement has destroyed their educational system? that'll net you damn near 80 points. dehumanization of the "other"...it's the american way.

I don't wanna live in america no more...

Monday, June 04, 2007

you're dead, but here's this star and other depressing news...

having desperately needed a vacation to avoid the fast-approaching onset of complete insanity...I spent an extended weekend in a real city, near a real body of water, with a real band in town (not to mention multiple chipotles). and so having spent time on the ocean, taking in foggy spans, walking through noise and crowds and enjoying public transportation and shopping I was feeling reborn, finally able to fully enjoy my newfound calm. and then LAX hit me...

so with time to kill in one of the worst airports in the world, I sat down for some beer and the news captioned for the hard of hearing. needless to say, I immediately recalled why it is that I needed a mental vacation in the first place...

there was a rather lengthy piece on the local news about a soldier's funeral, the second local one in a week. young kid, full of piss and vinegar shipped off to the desert to "defend freedom" (or occupy and inspire hatred...it is such a fine line between the two). well...he came back dead. not that you would have seen it, because the boy king won't let you honor those he has killed when they come home...they stealthily slip those boxes containing all those kids back into the country so they can be closed for the ceremony and nobody will be the wiser. and so the family mourned their dead son...and met another family that earlier mourned their dead son. and there was talk about honor and toughness and insurgent garbage. and the flag was displayed and handed over to the family. and another boy will never enjoy his manhood.

but do not fret...because on the day of his funeral he was promoted. and so this is how it ends. "thanks for dying in a war that none of us who ordered it had the balls to fight in and we can't honestly say we supported your efforts fully or even had any semblance of a good reason for sending you to your death. please accept our sincerest apologies...and this extra-special title that you will never even know was yours and will never reap the benefits of...unless of course jesus and the judeo-christian god really are that much on our side - because regardless of what lincoln said, we'd be willing to bed god gives american soldiers one hell of a party." and to the family..."your son is dead. sorry. here's a star."

so run out and sign up at your local recruiters office people...because if you are lucky enough to die, you might even get a promotion.

and the news just got better...with war and death raging they moved on to the genocide in darfur. of course that garnered all of about 2 minutes of coverage. apparently it was not as important as how painful this time is for paris hilton...who got about 10 minutes of coverage because she has to turn herself in to serve a whopping three-nothing-like-jail-really-is weeks. so they had interviews with her about how hard it is to be insanely rich and not be able to get away with anything...never mind that we had literally just been reminded that countless africans continue to be slaughtered while we watch, too busy "liberating" the arab world to have even a token show of force. too busy ending lives to save any.

yea...welcome home.

we're just a million little gods causing rain storms turning every good thing to rust...