Category Archives: Law

Putin Prosecution Backed By Pitchfork Mob

Criminal Injustice, Democracy, Individual Rights, Law, Propaganda, Russia

The criticism leveled at Russian justice by White House Press Secretary Robert Gibbs and Secretary of State Hillary Clinton, for the prosecution and subsequent conviction on theft and money laundering of oil tycoon Mikhail Khodorkovsky, is a case of the pot calling the kettle black. As the Russians rightly countered, the sentences Khodorkovsky and his partner Platon Lebedev received pale compared to comparable prosecutions by American justice:

Take Bernard Madoff in the United States. He got a life sentence and no-one blinked – Putin told reporters who asked him about the case during a trip to Paris to negotiate new gas pipeline and auto manufacturing deals.

You can’t argue with that come-back.

Nevertheless, the trial of oil tycoon Mikhail Khodorkovsky looks a lot like a politically motivated show trial, ordered, ostensibly “by the Kremlin to punish Khodorkovsky for financing Russia’s beleaguered opposition.”

Dimitri Simes, “president of the Nixon Center, a foreign policy research organization,” takes a nuanced look at Mikhail Khodorkovsky:

“He started as a tycoon. He was a very ruthless tycoon. He took a lot of government property, paying very little, and actually using government loans, which he never repaid, to become very wealthy.
He was, politically, very ambitious. He wasn’t just supporting opposition parties, but he was entertaining the possibility of becoming prime minister himself, curtailing Putin’s power.
Having said that, once he was arrested, he proved to be a man of courage, determination, eloquence. The government wasn’t able to break him. And when he was arrested first time in 2003, I really liked Khodorkovsky personally, and I was sorry for him, but, politically, I had mixed feelings, because he was threatening the government in a very ruthless way, using the money he got illegally to mount a political challenge.
What they are doing to him now is totally beyond the pale. It is not just selective justice. It’s really no justice at all.”

Says Anna Vassilieva, “head of the Russian studies program at the Monterey Institute of International Studies”:

“What does it tell me and tells all of us is that the power belongs to someone who exercises strength, not justice, not pardon, as we were hoping until the most recent phrase that Putin announced.
What we see is history repeating itself. Russian rulers are afraid to make compromises. And, obviously, allowing Khodorkovsky and Platon Lebedev free would be a sort of a compromise that no one can afford, because they know they will lose the trust.
We have to remember that — the trust of the population — we have to remember that the highest ratings Putin and Medvedev enjoyed were during August 2008, during the war with Georgia. And there was no chance that they would exercise the opportunity to compromise.”

[SNIP]

Let’s remember this: Be it in the US or in Russia, the masses are foursquarely behind their governments when it comes to the zealous, over-prosecution of the rich. Putin has the support of the pitchfork-wielding Russian folks. That’s democracy in action.

My, but the convicted has such beautiful, refined features.

UPDATED: The Republican Tart Trust (Mercer Mainstream?)

Feminism, Free Speech, Ilana Mercer, Law, Media, Republicans, Sex

Where do the Republicans find their woman commentators? A fulminating female named Jedediah Bila, who bills herself as a conservative, called Julian Assange of the WikiLeaks notoriety a rapist. (Bobbing head S.E. Cupp, also a “conservative,” backed her up with vigorous … nods.) The two dim bulbs appeared on David Asman’s “America’s Nightly Scorecard.” As I mentioned in “Condomned by Law,” Swedish sexual harassment law is more diabolical than anything the radical American feminist jurist Catharine Mackinnon could dream up in her sweetest dreams—Mackinnon’s baleful influence on American and Canadian jurisprudence cannot be underestimated.

But if Bila and her conservative cohort agree that having consensual sex without a condom is tantamount to rape—Mackinnon’s work is done.

I do not wish to hear these imbeciles’ views on Assange’s free press and due process rights, do you?

UPDATE: What makes a reader of this site imagine that I decide on which TV news programs I will appear (none, so far, except one PBS program)? Guess what? The producers and writers of the cable news programs decide who to ask on their more-or-less conformist shows. That this is so unintuitive to readers implies an optimistic faith in the cognoscenti to whom they look up; they really believe that the chicks whose words they lap up are indeed cutting-edge thinkers, and that by mere chance ilana mercer is not among them.

“WE ARE [indeed] DOOMED.”

The reader should let the producers and anchors of his favorite shows know about his preferences. Telling this marginalized writer to free up her busy schedule and, presumably, stop rejecting invites to join mainstream TV Talkers is worse than ridiculous.

Again: I’m floored to find-out that readers of this space believe an-out-of-the-mainstream writer, who has never echoed the mob, can pick and choose the forums she frequents to showcase her work. That someone holds such a naive, optimistic impression about the mainstream media (and Fox is a bastion of banality, for the most), and the power of the ousted individual in American society knocks my socks off.

If readers entertain the notion that I’ve been shunning all those invitations I get to appear on Fox Business and News—I’ll repeat the gloomy mantra with which I’ve been sealing each post these days:

“WE ARE DOOMED.”

This is, however, a good opportunity to ask you to fully comprehend the degree to which truth-tellers and original thinkers are sidelined in your society and to support this site. My new book, Into The Cannibal’s Pot: Lessons For America From Post-Apartheid South Africa, is currently under consideration, but I fear that promoting it will ultimately fall to me alone (as has been the case for almost a decade). The work is simply too explosive. So kindly spare a thought, first, to the degree to which this writer’s voice is marginalized. And, second, to the need to support her mission.













As for S. E. Cupp: there is no accounting for aesthetic taste. Other than youth, however, I see no aesthetic merit in little Lolita’s vacant visage. As for this Fox-panel staple’s smarts: She is a studiously dumb chick, whose contribution to ideas is to gesture wildly and grimace, while portentously parroting mind-numbing banalities.

O.J.-Like Evidence Could Exonerate Noxious Knox

Crime, Criminal Injustice, Europe, Foreign Policy, Justice, Law

O.J.-LIKE EVIDENCE CONVICTED NOXIOUS (AMANDA) KNOX, which, due to US pressure on the Italians, could well mean that O.J.-like evidence might exonerate her of the murder of Meredith Kercher, the English girl with whom Knox had shared student accommodation in Perugia, Italy. Her throat slit, Meredith had expired in slow agony.

At the time I wrote the following:

Knox, Sollecito and Rudy Guede, a local drifter born in the Ivory Coast and known to Knox, were convicted of the murder and sexual assault of Kercher. CNN, Fox News, ABC, CBS, MSNBC, the New York Times, Vanity Fair, on and on—all have united in advocating for Amanda, “An Innocent Abroad.”

Going against the grain of American-style boosterism, Barbie Nadeau of Newsweek stuck with “journalism” to detail the ample evidence against the pair, downplayed or downright suppressed in the American media. For one, “Neither suspect [had] a credible alibi for the night of the murder, and both told a variety of lies about that night.” Knox changed her alibi, not once or twice, but several times. In the process, she accused Patrick Lumumba, a Congolese bar owner, of the crime. Based on the convincing yarn Knox spun, Lumumba spent time in jail before being released.

After Knox had cast her pal Lumumba aside, she tried to implicate her lover of two weeks, venturing: “I think it is possible Raffaele went to Meredith’s house, raped her, then killed her and then when he got home, while I was sleeping, he pressed my fingerprints on the knife. …

“Theatrics aside,” wrote Newsweek’s Nadeau, “the Amanda Knox trial comes down to forensics. … Among the most damning evidence against Sollecito is his DNA on the metal clasp of the bra that was cut from Kercher after she died.”

Also revealed with Luminol was a bloody footprint at the crime scene that matched Sollecito’s. “Key forensic evidence against Knox includes her footprint in blood in the hallway outside Kercher’s room. There [were] also mixed traces of Knox’s DNA and Kercher’s blood on the fixtures in the bathroom the girls shared. And a knife was found in Sollecito’s apartment with Knox’s DNA on the handle and … Kercher’s DNA in a groove on the blade.”

Like the original “Dream Team,” defense attorneys for Knox, “who at one time admitted to being at home when the murder took place,” alleged contamination (even though the crime scene was sealed off in-between searches), character assassination and insufficient amounts of DNA (it’s the type of DNA that matters, not the amount).

[SNIP]

The latest from Perugia, Italy, via CNN is that the “American … has won a major victory Saturday in her appeal of the murder conviction in the death of her British roommate when an Italian appellate judge granted approval of independent forensic reviews on two key pieces of evidence.”

“Why do you need to review the forensic evidence when this conviction is based on much more than the knife and the bra clasp?” Prosecutor Manuela Comodi argued before the court began deliberating.
She then reminded the court that Knox and Sollecito don’t have an alibi for the night of the killing, adding that there was “ample” evidence of a staged break-in.
Francesco Maresca, an attorney for the Kercher family, said he was “disappointed” with the decision, suggesting that the ruling was political in the face of pressure from the United States.

Co-Equal, Or Colluding, Branches of Government?

Constitution, Federalism, Government, Healthcare, Law, States' Rights, The Courts

The problem with the Commonwealth of Virgina’s pleasing legal victory in challenging the constitutionality of Obama’s “healthscare” is this: The individual mandate and much of the health care bill may be manifestly violative, but most of the limits the Constitution placed on the federales (and the courts themselves) are no longer upheld by the courts (or by Congress, that other co-equal branch of government), starting with the Tenth Amendment.

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

So, as PBS’s News Hour reported, once again so well (appending as it always does a PDF document of the Decision), “Federal judge Henry Hudson ruled Monday afternoon that a major provision of the health care reform law is unconstitutional. In his decision, the judge sided with Virginia Attorney General Ken Cuccinelli, who argued that the Congress does not have the authority to require Americans to purchase health insurance. ‘The Minimum Essential Coverage Provision is neither within the letter nor the spirit of the Constitution,’ Judge Hudson wrote.”

But along could come the Supreme Court Justices and nullify the health-care preferences of the people of Virginia. That’s because the framers’ constitutional dispensation is now nothing but a sad joke. The Appellate Court could beat the SCOTUS to it.