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source: Viroqua Institute
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interpreting the constitution
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number 159 06.29.08
In a unanimous decision, a federal
appeals court has rejected the Bush
administration’s designation of a
prisoner as an “enemy combatant,”
ordering his release or an immediate
review of his status. The three-judge
panel ruled that the evidence presented
by government lawyers was unverifiable
and insufficient to continue holding
Chinese national Huzaifa Parhat, who
has been detained by the US military at
Guantanamo Bay, Cuba for seven years.
The unclassified portions of the ruling,
published this week, reveal the panel to
be sharply critical of the government’s
case against Parhat.
An ethnic Uighur Muslim, Parhat, now
37, was detained in Afghanistan in 2001.
The Bush administration asserts that his
membership of a separatist group that is
“affiliated” with another Uighur group
that may be in turn “associated” with al
Qaeda justifies his designation as an
enemy combatant. The judges were
derisive in their commentary on the
claims, at one point citing Lewis
Carroll’s nonsense poem The Hunting of
the Snark to highlight the deficiencies of
the administration’s arguments.
P. Sabin Willett, a lawyer for Parhat,
told the Los Angeles Times, “It is a
tremendous day. It is a very conservative
court, but we pressed ahead and we
won unanimously. But Huzaifa Parhat is
now in his seventh year of
imprisonment at Guantanamo Bay,
and he doesn’t even know about this
ruling because he’s sitting in solitary
confinement and we can’t tell him
about it. That’s what we do to
people in this country—we put them
in solitary confinement even when
they are not enemy combatants.”
The decision was another setback for
the Bush administration, following
the June 12 ruling by the US Supreme
Court that the 270 men being held
at Guantanamo Bay should have
access to the federal court system to
mount habeas corpus challenges
against their detention. it's all true
The world’s total population of
refugees and internally displaced
persons increased by more than 3
million last year to 37.4 million, the
second consecutive annual increase
after several years of modest
reductions, according to a report
released by the United Nations High
Commissioner for Refugees. The
report cited the wars in Iraq and
Afghanistan, as well as regional
conflicts in Colombia, Somalia, and
Sudan as driving the increase in
refugees. At the same time the
UNHCR warned that climate change
and global economic turmoil will
cause significant displacement over
the next decade.
“We are now faced with a complex
mix of global challenges that could
threaten even more forced
displacement,” said Antonio
Guterres, head of the UNHCR. The
Commission provided assistance to
more than 25 million people in 2007,
an unprecedented figure, according
to its annual report. Moreover, the
agency emphasized that more than
10 million displaced persons are
isolated from aid. it's all true

verbatim number 31.2
"You know, I went to Washington to solve problems, not to pass
them on to future Presidents and future generations.
Colorado Springs CO 10.12.04
CO2 emissions expressed in metric tons per capita selected countries
|
0 10 20
The decision last week by the Supreme
Court to reduce by 80 percent the
punitive damages awarded to the
plaintiffs in the 19-year-old Exxon Valdez
case was greeted with dismay and bitter
disappointment by environmentalists
around the world as well as local victims
of the largest oil spill in US history. But
the true impact of the ruling may be
much wider, as the opinion explicitly
caps punitive damages in an amount
equal to the compensatory damages
assessed in the case. Legal experts say
that the decision is the latest in a series
of aggressively pro-business opinions
rendered by the court since the
appointment of two conservative
justices during the second term of
President George W. Bush.
The Exxon Valdez ran aground in
Alaska’s Prince William Sound in 1989,
discharging 11 million gallons of oil into
the pristine environment. Despite a five-
year cleanup effort that deployed more
than 10,000 workers and cost $3 billion,
it is estimated that more than 200 tons
of oil remain in area beaches. A class-
action lawsuit brought on behalf of more
than 11,000 plaintiffs initially resulted in
a 1994 punitive damages award of $5
billion, which was later reduced on
appeal to $2.5 billion.
The company challenged the verdict
insistently. According to the Seattle
Times, “The fight over the punitive
damages reached the Ninth Circuit
Court of Appeals in 1999. Since then,
Exxon filed more than 60 petitions and
appeals, sought 23 time extensions and
filed more than 1,000 motions, briefs,
requests and demands.” University of
Washington law professor William
Rodgers told the newspaper, “Crime
pays, and environmental crime pays
really well. I am sure they are sitting
down and having a toast of the town.
The other lesson they have taught is
scorched-earth litigation pays. Just keep
litigating, making up issues.”
The linking of punitive damages to
compensatory damages could have broad
implications for appeals of large punitive
damages awards generally. Corporations
have sought for decades to have limits
imposed on such awards, and the Court
has signaled that it may be inclined to
agree. The 1994 award of $5 billion was
intended at the time to represent about
one year’s profit for Exxon. At current
profit levels the company will book the
reduced amount in about12 hours. In
2007 Exxon made $40 billion, the
largest annual corporate profit in US
history. it's all true
Detainees Processed Through the Looking Glass into Guantanamo
Ruling Permanently Damages Legal Environment
Millions Displaced,
Assistance Outpaced
A vast majority of US citizens
subscribe to either the creationist
view of human evolution or
believe that God guided the
development of the human
species in some way.
A poll conducted by the Gallup
organization reveals that 80
percent of all Americans believe
that a supernatural force that is
described by adherents to the
Christian sects as reflecting the
human characteristics vengeance
and mercy “guided” human
development.
The poll, which Gallup has
conducted since 1992 shows that
44 percent of Americans believe,
as biblical creationists do, that
humans were created in their
current form sometime in the
past 10,000 years. Another 36
percent believe that God guided
the development of the human
species over a course of millions
of years.
The survey shows that a mere 14
percent of Americans believe that
humans developed over a period
of millions of years without the
help, guidance or intercession of a
supreme being.
The poll also revealed that
Americans who describe
themselves as Republican are
more likely to subscribe to the
view that humans developed over
time guided by the help of a
diety. 60 percent of those polled
who said they are Republicans
said that god assisted in the
development of humans, while
only 38 percent of all Democrats
held this belief. it's all true
Justice Department attorneys have filed
papers in a federal court case seeking to
block an investigation into what the
government knew about the terror
attacks of September 11, 2001 before
they occurred and what information they
chose to withhold from airlines prior to
the attack.
The airlines have been sued by victims
and family members of victims of the
terror attacks in New York, Washington
DC and Pennsylvania and others claiming
billions of dollars in damages related to
the attacks. Attorneys for the industry
have sought to interview FBI employees
and agents who have investigated the
terror attacks to discover what advance
information the US government had
that the attacks were going to occur
and what they chose to share with
the airline industry.
The airlines contend that the US
government intentionally withheld
information it possessed about the
impending terror attacks that if shared
with the airlines, would have enabled
them to better protect their passengers
and could have perhaps thwarted the
attacks. Attorney’s for the airline
companies requested that the court
allow the deposition of FBI agents
because that testimony, “will
demonstrate that the FBI had
information before Sept. 11 indicating
that al-Qaida may have been about to
launch terrorist attacks on civil aviation,
which it did not timely pass along to the
Federal Aviation Administration."
Attorneys for the Justice Department
argue in the recent filing that FBI agents
cannot be compelled to testify because
the agency’s investigation into the
attacks is on-going and any
information that would be disclose in
interviews would “cause serious
damage to national security and
interfere with pending law
enforcement proceedings." The
Justice Department argues, “It is not
possible to disentangle the classified
from the unclassified information in
the context of a deposition, where
open-ended inquiries may elicit
responses in which classified or
privileged material is intertwined.”
The risk that classified state secrets
will be uncovered if FBI agents were
deposed under oath is, the filing
asserts, “not hypothetical and cannot
be lightly dismissed."
The FBI's investigation into the
terror attacks is the largest ever
pursued by the agency. it's all true
A federal judge has cleared the way for
the private military security contractor
Blackwater Worldwide to conduct live
firearms training and mock war exercises
in an industrial area in San Diego, CA
under a contract with the US Navy.
Mayor Jerry Sanders, the city attorney
for San Diego and Rep. Bob Filner
(D-CA) attempted to block the opening
of the 60,000 square foot warehouse
facility on the grounds that Blackwater
had falsified permit applications to
camouflage its intended use of the
building. The city approved the permits
and later found that Blackwater had
misrepresented their involvement in the
development of the training facility by
applying for permits in the name of
associated business entities including
Noble Construction and TS Contracting.
Blackwater filed suit in federal court
seeking the right to open the training
facility.
The facility, which Blackwater’s affiliates
described in applications as a “warehouse
with offices” has been retrofitted with
indoor shooting ranges, a multi-level
recreation of a warship, and a system of
scaffolding and wooden walls used to
school navy seamen in “force
protection” techniques before the are
deployed to locations in the Far East.
The company has also applied for an
amusement-park ride permit from San
Diego to ensure that the facility fully
permitted. Blackwater’s spokesperson
argued in court, “Blackwater will suffer,
the Department of the Navy will suffer
and to some extent the security of our
country will suffer” if it is unable to fulfill
the contract it signed with the US Navy
to train sailors. it's all true
Americans Smite
Scientific Theories
FBI Can’t Tell Airlines What It Didn't Tell Airlines About 9-11 Attacks
Blackwater Uses PsyOps to Occupy City's Warehouse