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July 14, 2003

Civil Rights

Welcome to the new Amerika.

I haven't made one of these posts in a while, mostly because the outrages perpetrated by our government have been at least somewhat less egregious recently. Today, though, that changed. From CNN Online: "Justice refuses to let Moussaoui call witness." That's the Department of Justice, not an individual judge. Judge Leonie Brinkema has ordered the DoJ to allow Moussaoui access to Ramzi Binalshibh, an Al Qaeda operative and a man who can, Moussaoui believes, testify that Moussaoui was not part of the 9/11 plot.

Brinkema sided with attorneys assisting Moussaoui, who is representing himself, in ordering the government to allow him to question Binalshibh via satellite hookup. Her original ruling was made January 31.

The attorneys argued that Moussaoui's right to a fair trial, as guaranteed by the Sixth Amendment, depends on his constitutional right to call available witnesses of his choosing.

The Justice Department appealed the January order, but a three-judge panel of the 4th U.S. Circuit Court of Appeals said it could not step in until Brinkema ruled on the government's response to her order. Two weeks ago the court turned down a request for a rehearing.

The 4th Circuit Court refused, 7-5, to reconsider the verdict of the panel. One would think that at this point Ashcroft has no choice but to allow Moussaoui access to Binalshibh as ordered. One would think that, but one would be wrong. Ashcroft refused.

Brinkema can now dismiss all charges against Moussaoui, or she can

… choose to dismiss some charges, restrict government evidence or block the government's pursuit of the death penalty.

The problem with a dismissal is that Ashcroft would almost certainly then declare Moussaoui an "enemy combatant" and "try" him in a military tribunal. This would strip him of any rights that he might still possess.

These are the people who are, in theory, supposed to "protect" us. But who will protect us from them? If this can happen to Moussaoui, if worse can happen to Jose Padilla, then what is to stop from doing this kind of thing to any of the rest of us? All they need is an accusation, if that.

Finally, to add the final stomach-wrenching twist, CNN Online is running one of their polls, this one asking, "Should prosecutors allow 9/11 defendant Zacarias Moussaoui access to a jailed al Qaeda leader?" "No" is leading "Yes" by 8465 votes to 3577. Essentially, although they probably don't realize it because of the bias in the way the question was phrased, fully seventy percent of the respondents think that Moussaoui should be deprived of the right to a fair trial.

This is vile.

Welcome to the new Amerika, land of despotism, fascism, lies and false "justice," where the once-admirable Constitution is now just an old piece of parchment.

Posted by Frank at July 14, 2003 11:35 PM
Comments

Is zach a U.S.citizen.NO? he isnt protected by the Constitution. Yes? He is.Did he conspire with a terror group? If U.S. citizen,this is treason! If he is Not,he is a terrorist,war criminal,& commited a "crime against humanity". At any rate,"he's in a heap of trouble!

Posted by: john miller at October 2, 2003 11:57 AM

Unfortunately for the fascists but fortunately for the rest of us, accusation does not equate to guilt. Else you could go to prison just for the suspicion of being a terrorist.

Wait, that's just what has happened to Moussaoui and Padilla, isn't it?

So what are you going to do when they come for you? Whine about how it's so unfair?

Feh.

Posted by: Frank at October 2, 2003 12:14 PM

Gee, my email to "jfkm91@msn.com" (the email address given by "John Miller," above) bounced with "user unknown." So it was an anonymous comment after all.

Posted by: Frank at October 2, 2003 12:17 PM

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