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America No Longer Has a Functioning Judicial System Washington’s Blog July 22, 2013

The Department of Justice told a federal court this week that the NSA’s spying “cannot be challenged in a court of law”. (This is especially dramatic given that numerous federal judges and legal scholars – including a former FISA judge – say that the FISA spying “court” is nothing but a kangaroo court.) Also this week, the Department of Justice told a federal court that the courts cannot review the legality of the government’s assassination by drone of Americans abroad: “‘Are you saying that a US citizen targeted by the United States in a foreign country has no constitutional rights?’ [the judge] asked Brian Hauck, a deputy assistant attorney general. ‘How broadly are you asserting the right of the United States to target an American citizen? Where is the limit to this?’ “She provided her own answer: ‘The limit is the courthouse door’ . . . . “‘Mr. Hauck acknowledged that Americans targeted overseas do have rights, but he said they could not be enforced in court either before or after the Americans were killed.’” (Indeed, the Obama administration has previously claimed the power to be judge, jury and executioner in both drone and cyber-attacks. This violates Anglo-Saxon laws which have been on the

books in England and America for 800 years.) The Executive Branch also presents “secret evidence” in many court cases … sometimes even hiding the evidence from the judge who is deciding the case. Bush destroyed much of the separation of powers which made our country great. But under Obama, it’s gotten worse. For example, the agency which decides who should be killed by drone is the same agency which spies on all Americans. Daniel Ellsberg notes that even the Founding Fathers didn’t have to deal with a government claiming that it could indefinitely detain Americans … even on American soil. After Pulitzer Prize winning journalist Chris Hedges, journalist Naomi Wolf, Pentagon Papers whistleblower Daniel Ellsberg and others sued the government to enjoin the NDAA’s allowance of the indefinite detention of Americans – the judge asked the government attorneys 5 times whether journalists like Hedges could be indefinitely detained simply for interviewing and then writing about bad guys. The government refused to promise that journalists like Hedges won’t be thrown in a dungeon for the rest of their lives without any right to talk to a judge The Department of Justice has also tapped Congressional phones, and a high-level NSA whistleblower says that the NSA is spying on – and blackmailing – top government officials and military officersincluding all 9 Supreme Court justices. It’s not just the Executive Branch which has attacked the courts. For example, Congress passed a billstripping courts of the power to review issues related to genetically modified foods. The Constitution is mortally mounded. While the “war on terror” is commonly cited as the excuse, most of the attacks on our rights started before 9/11. Indeed, the Founding Fathers warned 200 years ago that open-ended wars give the Executive an excuse to take away our liberties. Two former U.S. Supreme Court Justices have warned that America is sliding into tyranny. A formerU.S. President, and many other high-level American officials agree. In addition to attacks on the judiciary by the White House and Congress, judges are voluntarily gutting the justice system … and laying down in lapdog-obeisance to D.C. For example, the Supreme Court ruled that if judges don’t like plaintiffs’ allegations of bad government actions, the judge can simply pre-judge and throw out the lawsuit before even allowing the party to conduct any discovery to prove their claims. This guts 220 years of Constitutional law, and makes it extremely difficult to challenge harmful government action in court. America has a “dual justice system … one for ordinary people and then one for people with money and enormous wealth and power”. Indeed, most Americans have less access to justice than Botswanans … and are more abused by police than Kazakhstanis.

John Boehner: Taking a Stand on Issues Is “Making My Job Harder� Susan Jones CNS News July 22, 2013

House Speaker John Boehner (R-Ohio) apparently sees his role as more of a facilitator than a leader. Asked repeatedly if he favors a pathway to citizenship for 11 million illegal aliens, Boehner told CBS's "Face the Nation" that his job is not to take a stand, but to let the House "work its will." "My job in this -- in this process is to facilitate a discussion and to facilitate a process so the American people can see what we're doing and so the members understand that we're dealing with this in a deliberative way," Boehner said. Pressed repeatedly on whether he personally favors a pathway to citizenship, Boehner demurred: "[P]eople have been trying to get me to do this since the day after the election," Boehner said. "Well, you're the leader of the Republicans," Schieffer responded. Boehner said he's made it clear that Congress needs to do something about immigration. But, he added, "It's not about me. It's not about what I want. What I'm -- what I've committed to when I became speaker was to a more open and fair process. And as difficult as this issue is, me taking a hard position for or against some of these issues will make it harder for us to get a bill. "If I come out and say I'm for this and I'm for that, all I'm doing is making my job harder. My job is to -- as the leader of the House, is to facilitate this conversation and this process that involves members on both sides of the aisle, involves the American people and where they can see us moving in a

deliberative, step-by-step, commonsense way. Boehner said the immigration system is "broken," but he said the House will not take up the Senate immigration bill because it falls short on border security. However, he refused to predict what kind of bill will make it to the House floor. "What we're going to do in the House is, we're dealing with this in a commonsense, step-by-step approach. We want to deal with this in chunks, chunks that the members can deal with and grapple with and, frankly, chunks that the American people can get their arms around." Schieffer said Boehner's reluctance to say what he's for or what he's against "is kind of an interesting take on leadership...In other words, you don't see yourself as someone who has an agenda? You're there to just sort of manage whatever your people want to do?" "The House should be allowed to work its will," Boehner said, adding that he's watched what other House speakers did before he got the job: "And, you know, I could talk about what happened just before I became speaker. All the bills were written in the speaker's office. Those bills turned -- all turned out to be very unpopular, whether it was the stimulus bill, the Dodd-Frank bill, Obamacare, shoved through the floor of the House, 430 members, Democrats and Republicans locked out in the process. This is not the way the House is intended to work." Boehner denied that he's taken the "facilitator" approach because he can't control his caucus: "Bob, I talked about this the day I was sworn in as speaker, that I considered my job was to open up the process, to let members participate. "Yeah, I've got certain things that I'd like to see accomplished. But this is not going to be about me. I said it the opening day, and it's never going to be about me. It's what's in the best interests of the country. "If we're listening to the American people and we're following their will, our House will work just fine."


America No Longer Has a Functioning Judicial System  
America No Longer Has a Functioning Judicial System  

The Department of Justice told a federal court this week that the NSA’s spying “cannot be challenged in a court of law”.