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  • MONDAY JUNE 16 2008 8:00 PM

King George W. and the Habeas Corpus

Louis, by the grace of God, King of France and Navarre, to all present and to come, greeting from the year 1708:

One of the most useful tools of an absolute monarch like me are lettres de cachet, which may be translated as “seal letters”. You might not be familiar with this term. In my time, a seal letter (in its narrow sense) is a direct order from the king by which a subject is sentenced without trial and without an opportunity of defense to imprisonment in a state prison or an ordinary jail, confinement in a convent or a hospital, transportation to the colonies, or expulsion to another part of the realm. It’s a common practice – not a practice I’m particularly proud of, but sometimes necessary to lock away potentially dangerous individuals and maintain the power of the crown. In other terms, it’s the standard procedure to dungeon political prisoners. This is how absolute monarchy works.

However, most of you are living in a democracy, and your time considers seal letters symbols of the abuses of what you call “absolutism”. That’s why the founders of your democracies invented the writ of habeas corpus, which is basically a legal procedure through which a person can seek relief from unlawful detention of himself or another person. It has been praised as being one of the cornerstones of individual freedom and democracy. Leaders have now to justify themselves when they dungeon someone. This is how democracy works.

However, the habeas corpus can be somewhat unhandy when dealing with politically motivated arrests, for example, of supposed terrorists. That’s why the U.S. Government had this really great idea: build a prison outside the U.S. borders such that they can imprison people without any trial. I’m the last one who could condemn political imprisonment - but, as far as I understand, this is not how democracy works.

Now it seems that democracy strikes back. In the case Boumediene vs. Bush, the U.S. Supreme Court affirmed on June 12 the habeas corpus rights of detainees in Guantanamo:


(…)Our basic charter cannot be contracted away like this. The Constitution grants Congress and the President the power to acquire, dispose of, and govern territory, not the power to decide when and where its terms apply. Even when the United States acts outside its borders, its powers are not “absolute and unlimited” but are subject “to such restrictions as are expressed in the Constitution.”

(…) Because our Nation’s past military conflicts have been of limited duration, it has been possible to leave the outer boundaries of war powers undefined. If, as some fear, terrorism continues to pose dangerous threats to us for years to come, the Court might not have this luxury. This result is not inevitable, however. The political branches, consistent with their independent obligations to interpret and uphold the Constitution, can engage in a genuine debate about how best to preserve constitutional values while protecting the Nation from terrorism. (…).

(…)We hold that petitioners may invoke the fundamental procedural protections of habeas corpus. The laws and Constitution are designed to survive, and remain in force, in extraordinary times. Liberty and security can be reconciled; and in our system they are reconciled within the framework of the law. The Framers decided that habeas corpus, a right of first importance, must be a part of that framework, a part of that law.

The determination by the Court of Appeals that the Suspension Clause and its protections are inapplicable to petitioners was in error. The judgment of the Court of Appeals is reversed. The cases are remanded to the Court of Appeals with instructions that it remand the cases to the District Court for proceedings consistent with this opinion.

It is so ordered.


The full text as PDF

Whereas I feel with King George W., Rex Christianissimus Americae, that he can no more sign lettres de cachet, I have to admit that this court decision is a victory for democracy. As you might have guessed, I’m not a big fan of democracy - but, if you do it, you should do it correctly. If you give the power to the people, you can’t take it away with the other hand. And, luckily for you, democracy has mechanisms like the Supreme Court to prevent political leaders to undermine its very basic principles.

This is how democracy works.

Given at Versailles in the month of June, in the year of grace 1708, and of our reign the sixty sixth.


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  • SUNDAY JUNE 17 2007 9:00 AM

Dear George, How Are The Middle East Democracies Going?



Let me start by saying George W. Bush is an amazing idiot. Now that I got that out of the way I can discuss the budding Democracies in the Middle East for which George has taken the credit: Iraq and Palestine.

Iraq.

Well, this one is pretty obvious to anyone who has been alive the past four years. First we attacked Iraq because it was a threat and Saddam had weapons of mass destruction everywhere. Then when it turned out that was a lie, Bush claimed we invaded to bring freedom and democracy to Iraq. Man, did they take the whole “freedom” thing to heart. Iraq is now in the middle of a religious civil war. The democracy Bush wanted didn’t jive with the democracy Iraqis wanted. Bush was thinking secular, but Iraqis will still do whatever Grand Ayatollah Ali al-Sistani tells them to do. He is the ultimate authority.

Currently Sistani is calling for calm but even he can't make the government function. “Democracy” in Iraq is hanging by a thread. Parliament cannot agree on four important pieces of legislation; splitting up the country’s oil wealth, allowing local elections, reinstating junior members of the Baath party and constitutional amendments demanded by Sunnis.

In August, the parliament will take a much-needed vacation from not getting anything done. Lawmakers are already known for their poor attendance records and now Shiite leader Muqtada al-Sadr has pulled his 30 lawmakers due to the recent bombing of the Askariya shrine. Before Sadr pulled his members, parliament was failing to pass legislation due to a lack of lawmakers showing up. Now subtract 30 from nothing.

On June 11 lawmakers actually did manage to get something done: They voted to remove the Sunni Speaker of the House. Unfortunately for them, he refused to go. The Speaker will only resign if parliament replaces him with a lawmaker from his small political party – which will never happen. Sounds like they are really getting the whole idea of Democracy, huh?

This weeks bombing of the Askariya shrine could be the last straw.


“Now, this government is in a race against time,” said Ali al-Adeeb, a top Shiite lawmaker close to the prime minister. “The government is going through a critical phase and there are real fears that things can spiral out of control,” he said, noting heightened political tensions after the bombing.


Ayatollah Al-Sistani made things worse by blaming the government for not protecting the shrine.


“This harsh criticism will weaken the government,” said political analyst Kazim al-Muqdadi. “It's sending it to the intensive care room.”



“There is a genuine concern over the survival of this government,” said lawmaker Reda Jawad Taqi.


What a surprise. Usually when you apply Democracy at the barrel of a gun it works out.

Palestine.

Bush really seemed to think Democracy in the Middle East would create a bunch of new countries that were pals with the US. What Bush seemed to neglect to understand was that just as religious, right wing extremists elected him, they would also elect the leaders of these new Democracies. Palestine is a terrific example.

The US pressured Palestine to hold elections. The result was a victory for the militant fundamentalist Hamas Party. Bush failed to realize that his own military actions and policies in the region were undermining moderate and secular leaders. Oops.

Democracy relies on the rule of law, stable institutions and economic security. Neither Palestine nor Iraq has any of those things. If you hold elections in these environments you are asking for extremists to take control – legally. They did just that in Palestine, as Hamas took control of everything but the presidency. The US was obviously unhappy with the results. The Palestinians didn’t get the memo to choose leaders whom they didn’t want to represent them. They were supposed to choose leaders other countries would like. Jesus, how hard is it Palestine?

The US decided the best idea would be to withhold funding from the new government. So, we starve the population because they elected fundamentalists, meanwhile fundamentalists thrive when a population is starving. Good idea. The result was predictable. Hamas and their rivals Fatah are now fighting a civil war and Hamas already seems the victor. Hamas has seized Gaza, the Palestinian president’s government has been dismantled as Hamas militants pillage government institutions. Basically, it’s a fucking disaster.

Oh, but wait, there is good news!


Palestinian president Mahmoud Abbas got a major boost in his increasingly bellicose showdown with Hamas on Saturday, with a U.S. diplomat saying he expects a crippling embargo to be lifted once the Palestinian president appoints a government without the Islamic militants.


Awesome!


But the money is unlikely to reach Gaza, now controlled by Hamas and cut off from the world.


Oh.

Yay! Democracy!

  • commentary
  • MONDAY OCTOBER 23 2006 10:30 PM

Why Does Sean Hannity Hate Democracy?

Sean Hannity, the Fox News blowhard who seems to believe that a "fair and balanced" political analysis consists of occasionally acknowledging cohost Alan Colmes's fellating him while he spouts out conservative ideology, seems to have something of a consistency problem. His latest tirade against the liberal media concluded that the media is actively working to discourage Republican voters from going to the polls by downplaying the faults of Democratic candidates (like the Harry Reid "scandal" that has hung around the AP wire for two weeks despite the lack of anything scandalous occurring?) while highlighting the problems of Republicans. Unfortunately for Hannity, Media Matters has discovered that rather than illuminating the problem for the world to see, Hannity is actually part of the problem, as he had only two days earlier come out and said that Democrats are the ones who shouldn't vote.

Just two days after imploring Democratic voters during his nationally syndicated radio show to "stay home on Election Day ... for the sake of the nation," Sean Hannity asserted, during the October 20 edition of Fox News' Hannity & Colmes, that "the media seems somewhat complicit" in creating "an institutionalized bias to sort of suppress voting and take away initiative from people" because of a purported lack of coverage of gaffes by Democrats.

As Media Matters for America noted, on the October 18 broadcast of ABC Radio Networks' Sean Hannity Show, Hannity said that Democrats should not turn out to vote "for the sake of the nation" because Democrats' votes "won't change who occupies the White House" and Democratic "candidates have absolutely no idea how to win the war on terrorism." During an interview with former House Speaker Newt Gingrich (R-GA) on the October 20 edition of Hannity & Colmes, Hannity asserted that "news coverage" disproportionately discourages Republican voters by devoting more coverage to unflattering remarks by Republican candidates.


So Sean Hannity, himself a part of the media, has taken to explicitly suggesting that Democrats not exercise their right to vote "for the sake of the nation" but it's the media that is suppressing Republican voters? How does that work exactly?

  • commentary
  • SUNDAY OCTOBER 15 2006 9:00 PM

Washing Off Those Purple Fingers

Remember when Iraq had their first "elections," and Republicans walked around with purple thumbs all day, taunting Democrats with the "victory" in Iraq? Well apparently that elected government hasn't worked quite as well as folks may have hopes. So perhaps it's time to just install a new government? Well, according to David Brooks, in an interview with Chris Matthews, this is an option on the table.

Matthews: David, do you believe the President is looking for an out from his doctrinaire policy of staying the course?

Brooks: Not really, no I don't. I think they're looking at policy options. One of those options is trying to replace the current government which seems to be doing nothing. The second option is some sort of federation which–Joe Biden has suggested as separating Iraq. A third option and by far the least likely is going in with more troops, So there's all different three options…We have much less control over Iraq than we did two or three years ago…


So... replace the current government? Aside from Schwarzenegger-style recall elections (which don't seem to be included in the Iraqi constitution) it's hard to imagine any way that the government could be "replaced" in anything resembling a democratic fashion.

  • news
  • WEDNESDAY JULY 12 2006 4:00 PM

Putin Talks Smack

On the eve of this weekend’s G-8 summit, Russian President Vladimir Putin hit back at formidable monster, Dick Cheney. In May while on a trip in Lithuania, Cheney gave a speech criticizing Putin for moving away from democracy and cracking down on religious and political rights. Cheney, who drinks eight glasses of oil a day, also accused Russian of using their vast energy reserves as “tools of intimidation or blackmail.” Putin was not amused.

Today in an interview with hardball questioner Matt Lauer, Putin took a personal jab at Cheney.


I think the statements of your vice president of this sort are the same as an unsuccessful hunting shot. It’s pretty much the same.


Ouch. Last year, when Cheney was not drunk, he shot a friend in the face while on a hunting trip in Texas. Did I mention that Cheney was not drunk? Not at all. He was just hunting with a friend and shot him in the face. His friend later made a public apology for getting shot in the face. Cheney could not be reached for comment about Putin’s remark because he was somewhere in the Pacific fighting Mothra.

Other g-8 members are expected to put pressure on Putin over the issue of democracy in his country. Besides Russia, the other G-8 countries are: The United States, Britain, Canada, France, Germany, Italy and Japan. Putin attempted to reframe the discussion over democracy in his country by claiming the West’s criticism of Russia is good, old-fashioned Cold War thinking, which is so 20th century.


I am concerned that this approach is based on the philosophy of the 20th century, when our partners always intended to harm Russia, seeing it as a political opponent, or even as an enemy. It is a remnant of Cold War thinking


Putin said Russian was developing democracy at its own pace, like a turtle or a sloth. Since his victory in the 2000 election, Putin has been getting rid of the democratic gains made in the 1990’s. He has shut down media outlets, attacked and jailed independent businessmen tamed the judiciary and shackled opposition parties and politicians.

President Bush left today for the summit in St. Petersburg. He will stop first for a visit in Germany, where he is greatly loved.