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02.22 Report: Climate Denier to Lead White House Climate Panel [“Stupid is as stupid does.” –Forrest Gump]
02.22 The Uninhabitable Earth [Lots more important than all other problems put together]
02.16 Toxic black snow covers Siberian coalmining region [0:49 video; If its killing us, stop doing it]
02.16 Renewable energy will be world's main power source by 2040, says BP [But in America's capitalistic bubble, bribed-to-be-biased media and government defy reality]
02.16 What the pesticides in our urine tell us about organic food [What does inaction tell us about capitalism and our government?]
02.14 Exposure to Glyphosate-Based Herbicides and Risk for Non-Hodgkin Lymphoma: A Meta-Analysis and Supporting Evidence [If its killing us, make it illegal]
02.14 To avoid environmental catastrophe, everything must change [Consider why this headline is laughable or confusing to many, if not most, Americans...]02.13 Study Shows Toxic Pesticide Levels in Families Dropped by 60% After One-Week Organic Diet [2:10 video; Produce and canned vegetables laced with toxic chemicals—from fertilizers and herbicides, too—must be quickly phased out to use safe organic alternatives]
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US Politics, Policy & 'Culture'
02.20 ‘Sustained and ongoing’ disinformation assault targets Dem presidential candidates [If you can sense them, block them!]
02.20 Despite the slaughter in Yemen, Britain is still chasing arms sales [and the Great-Again-America is too...Capitalism without morality is horrible]
Economics & Corrupting-Capitalism
International & FuturismSanders Has an Advantage, and It’s Not [Just] About Economics
02.22 When multilateralism crumbles, so does our rules-based order [this enables easier corruption by banks and oligarchs and may result in complete societal breakdown, chaos and war]
02.22 Trump has turned foreign aid into shabby political theatre [Psychopaths are a sub-human species without empathy or morals.]
02.21 John Oliver Compares Brexit ‘Disaster’ to Will Smith’s Genie in Live-Action ‘Aladdin’ (Video) [21:26 video; we’re approaching an Idiocracy-type of society, where stupidity is “normal”]
02.20 House report lays bare White House feud over Saudi nuclear push [Its hard to keep up with all the criminal crap going on...]
Give Me No Liberty, Give Me Death: Innocence is No Defense
First published in Empire Burlesque earlier today, 20 August 2009
"I offered up my innocence
The right of the powerful and the privileged to cow the rabble with the ever-present threat of execution by an implacable state obviously takes precedence over milksoppy considerations like "justice."
Scott Horton at Harper's points out two recent cases that underline a central tenet of perhaps the the most powerful and pervasive factions in America's judicial history: the "movement conservatives" who largely congregate in the Federalist Society, and whose god and high priest is the radical extremist and torture apologist, Antonin Scalia. And what is that central tenet? That the need of the state to put its citizens to death outweighs and overrules the actual innocence of wrongfully convicted individuals.
The first cast Horton considers is "the appeal of Troy Davis, a Georgia athletics coach tried and convicted of the murder of an off-duty policeman working as a security guard at a Burger King. Following the conviction in 1991, seven of the witnesses who testified against Davis recanted, several of them fingering the last major witness to appear against Davis as the actual killer." Several lower courts, packed with "movement conservatives" rejected the pleas for considering the new evidence for innocence. But this week, the Supreme Court sent the case back to Georgia with orders to hear the damn case already and look at the evidence.
But this commonsense application of hundreds of years of Anglo-American jurisprudence sent Scalia into one of his patented hissy fits. In a stinging dissent, he wrote:
As Horton notes:
Of course not. The right of the powerful and the privileged to cow the rabble with the ever-present threat of execution by an implacable state obviously takes precedence over milksoppy considerations like "justice." In fact, if the state is shown to have the power to execute demonstrably innocent people, that's all the better; the very irrationality of such an approach makes people even more cowed, more uncertain -- and thus less likely to upset the gilded applecart of their betters.
But the little godling is by no means alone in his bloodthirsty philosophy. Horton then cites the case of Sharon Keller, the top criminal judge in Texas, now on trial for refusing to accept paperwork for a stay of execution request, despite a Supreme Court ruling that day which called the convicted man's punishment into question. Her reason for refusal? The defense lawyers, who had encounted a computer breakdown, asked to submit their request after 5 p.m. Keller's answer? "We close at five." The man was killed.
As Horton notes, Keller too has been explicit in her belief that the state's judicial machinery of death is more important than innocence. He cites the NY Times:
It certainly is. The power of the state rests ultimately on the finality of death, and its ability to impose it -- on its own citizens, and on the citizens of the world, whenever and whereever the dictates of domination and privilege require.
* * *
P.S. Of course, it's not surprising that movement avatar Scalia scorns the interminable workings of legal processes that gum up the power of the state. For Scalia believes that the state derives its power from God; it is His scourge and minister, and not some namby-pamby democratic assemblage of free citizens. As I noted in the Moscow Times yea these many years ago now:
A judge who believes that the state exists to "execute God's wrath by the sword," eh? Scalia would obviously be more at home with the jurisprudents over in Qom than in the heathenish precincts of a secular republic.
P.S.S. But as I noted here a while back, we should not scorn Scalia entirely. For in his public defense of torture last year -- in which he relied heavily on the venerable legal authority of Jack Bauer and "24" -- he actually provided us with an elegant mechanism for prosecuting Bush, Cheney, Yoo, Gonzalez and the whole gang for their crimes, without any messy "constitutional crisis" or the need for special prosecutors or any other extraordinary measure. I'm still waiting for some legal group - or even a local prosecutor -- to pick up the ball Scalia inadvertantly left on the ground and run with it.
Chris Floyd has been a writer and editor for more than 25 years, working in the United States, Great Britain and Russia for various newspapers, magazines, the U.S. government and Oxford University. Floyd co-founded the blog Empire Burlesque, and is also chief editor of Atlantic Free Press. He can be reached at firstname.lastname@example.org.
This column is republished here with the permission of the author.
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This story was published in the Baltimore Chronicle on August 20, 2009.
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