Showing posts with label the courts. Show all posts
Showing posts with label the courts. Show all posts

Friday, June 6, 2014

The Long Bowe Hunters

Let's talk about Bowe Bergdahl, shall we? The Right Wing, like always, has been looking for a reason to attack Obama. And their latest one just happens to be the polar opposite of one of their earlier ones. For the past five years, Bowe Bergdahl, the only captured American prisoner, has been a cause célèbre for the GOP, a consistent placard that they could hold up to punctuate the phrase "Obama doesn't care about the troops!"

At least, that's how it was until there was a possibility that Bergdahl might be released. Now, suddenly, people who've been crying out for his release are calling him a traitor. They have literally reversed their position on the subject. And why? Because it might have ended up looking good for the black guy.


Sarah Palin. Senators John McCain (Arizona) and Kelly Ayotte (New Hampshire). Every un-American, small-minded, troop-hating maniac on the right has spun their position 180 degrees away from what they were saying as recently as the beginning of this year. And why? Because they don't care about the military; they only care about attacking the president.

Now, suddenly, all they can say is "Obama has endangered the country! He released terrorists! And for a deserter!"

Let me explain this as clearly and rationally as I can. Anyone who says that we should not have made a deal to get Bowe Bergdahl released can suck my balls.

Are you saying that we should have left an American citizen in the hands of the Taliban? That he deserved to stay in their custody forever? If you believe that, you are a pustulent sore on the asshole of humanity. Oh, and fuck you.

Let's be clear on this - no investigation has been done. There has been no trial. You don't get to convict American citizens on the basis of rumors, half-truths and outright lies. If you want Bowe Bergdahl punished, then you bring him back to the States, and let the military do their job. And if it turns out that he is guilty, then they get to punish him. Not you, not Fox "News," and not every cowardly, Cheeto-eating, overweight loudmouthed blogger on the planet.

Fuck every one of you, you chicken-shit, scum-sucking, America-hating losers.

The military has jurisdiction here, and they've never been shy about using it. Look up the case of another PFC, a guy named Robert Garwood: a POW in Vietnam, he was returned to the US in 1979, where he was tried for desertion and several other charges, court martialed and convicted (they lost the desertion conviction, but got him on other things).

That's the military's job. They're pretty good at it.

Oh, but incidentally, bad news for all you amateur lawyers out there: the maximum punishment for desertion can only be death in a time of war - and the US never declared war in Afghanistan. Plus, there's only been one person given the death sentence for desertion since the Civil War: Eddie Slovik in 1945. The military prefers to avoid that. Most likely, he'd get confinement, demotion and forfeiture of pay. But he'd only get it after a trial. That's how these things work.

The various branches of the Special Forces have taken the position that "you don't leave a man behind" for decades, for one simple reason: it's difficult to get people to risk their lives, if they don't believe that you'll be supporting them later when things go wrong. We support our soldiers for having sworn an oath to protect their country to begin with, and we continue to support them, even if we don't agree with their statements on every subject.

It's called "free speech" - if you stop wiping your ass with the Constitution for a few minutes and read the fucking thing, maybe you'll discover that it gives the American people all kinds of rights that don't involve guns.

We keep hearing that he was responsible for the deaths of soldiers who were searching for him. Unfortunately, you can't really blame him for every death that happened in theater at the time; the records from the region don't really support that.
Mr. Bethea wrote that of the six men killed in August and September, two died in a roadside bombing while on a reconnaissance mission, a third was shot during a search for a Taliban political leader and three others were killed while conducting patrols — two in an ambush and one who stepped on a mine.

He suggested some connection to Sergeant Bergdahl for several of the deaths, saying the Taliban leader and a village that was in the area of one of the patrols were "thought affiliated with Bergdahl's captors." He also said a village in the areas of the other patrol was "near the area where Bergdahl vanished."

Still, those villages and insurgents were in the overall area of responsibility for the soldiers, and the logs make clear that the region was an insurgent hotbed. A log on May 21, 2009, for example, said it had historically been a "safe haven" for the Taliban.

A retired senior American military officer, who was briefed at the time on the search for Sergeant Bergdahl, said that even though soldiers were instructed to watch for signs of the missing American, they would have been conducting patrols and performing risky operations anyway.

"Look, it’s not like these soldiers would have been sitting around their base," he said.
And incidentally, while we're cutting through the lies, can we stop with the phrase "we don't negotiate with terrorists"? Is it because George W. Bush kept repeating that canard? Did you know that he would say it almost immediately after completing a series of negotiations with terrorists for (as one of his chief negotiators pointed out) "information, supplies, personnel — a lot of different topics."

In fact, every president has negotiated with terrorists, whether drug traffickers or radical Islamic factions. Whether it was Carter getting 52 American hostages released in Iran by unfreezing assets from American banks, or Reagan selling missiles to Iran, America has a long history of negotiating with terrorists. As does every other country in the world.

But to hell with that. It doesn't matter what it took to get Bergdahl's release. We got it. Because we had to get it. Here's two quotes for you that explain why: the first is from President Obama. I know, you don't like him, because he's all black and uppity and stuff. Doesn't matter - he's the Commander in Chief of the military, and as he put it:
"Regardless of circumstances ... we still get an American prisoner back," Obama said during a news conference in Warsaw, Poland. "Period, full stop -- we don't condition that."
And if that isn't enough for you, how about the words of the Pentagon spokesman, Rear Admiral John F. Kirby:
"When you're in the Navy, and you go overboard, it doesn't matter if you were pushed, fell or jumped," he said. "We're going to turn the ship around and pick you up."
So, are we clear on this? If you say we should have just left him in the hands of the Afghani's, you are a crappy American. You're allowing your hatred of a black president to make you into a traitor, a coward, and an idiot. Fuck you, and go find a country that shares your beliefs. Try Somalia: you'll like it there - everybody has guns, and women don't have rights.

Wednesday, July 25, 2012

...As if one dries/The streams from off my face.

Almost a year ago, a young woman named Savannah Dietrich (now 17) went to a party, drank too much, and passed out. That's not, perhaps, the smartest behavior, but it's not something she should have to pay for the rest of her life.

While she was unconscious, two other teenagers, Austin Zehnder and Will Frey, raped her, took pictures, and emailed them to friends. That's a crime, and should be punished.

But the boys struck a plea deal last month, pleading guilty to felony sexual abuse and misdemeanor voyeurism. Their sentencing hearing is scheduled for next month. But one other legal action was taken: Ms Dietrich was hit with a gag order, telling her that she couldn't talk to the press or reveal the names of her attackers.

The punishment for that could be six months in jail (not 100 days, as the video below claims) and a $500 fine, probably more than the boys would have received: juveniles tend to recieve lighter sentences, and their names aren't released to the public - apparently in the theory that they never learned that rape is wrong.

But Ms Dietrich decided to fight back. She tweeted their names to everyone she knew and opened her Facebook page to the public; she followed the court order to the point that she never revealed what the proposed sentencing was, but said that it was "a slap on the wrist."

Thanks in part to the public outcry, charges against Savannah Dietrich have been dropped. The judge has managed to muzzle the press, though, so while we know the name of Savannah Dietrich, the names of her attackers, Austin Zehnder and Will Frey, are nowhere to be found on the mainstream media. What the judge hasn't been able to control, though, is the internet.



It doesn't take much to google their names, where you can discover that they play lacrosse for a community team. You even get to see what these two douches look like.

Frey
Zehnder


There are some stories that need to be told. Over and over again. Until society stops trying to blame the victim.

Thursday, August 26, 2010

Big Brother's keeper

Tiger Woods named his Yacht "Privacy." It's obvious why he was seeking it, but we assume incorrectly that we have any right to privacy in these days of The Patriot Act and the mass marketing of fear.

Monitoring our phone calls, reading our e-mails -- that's old hat. Forcing us to produce birth certificates and citizenship papers for any cop who decides your car is weaving even if you're ancestors have lived in Arizona for 15,000 years -- coming soon to a Confederate State near you.

But wait, there's more.

Law Enforcement agencies are now adding vans equipped with side scan x-ray units that can inspect the contents of your car as well as the contents of your jockey shorts if you're walking down the sidewalk. Probable cause, my ass -- and yours.

Government agents can sneak onto your property in the middle of the night, put a GPS device on the bottom of your car and keep track of everywhere you go according to Time Magazine. The Ninth Circuit Court of Appeals -- the one Fox insists is so Liberaliberaliberal tells us we don't have a right to privacy if our cars are parked in our driveways. Search warrant? Don't make me laugh; they don't have to show you no stinking search warrant, at least not in the nine Western states under its jurisdiction, not to install the device or to use it to see who you visit or even how fast you drive . We have no reasonable expectation that the government isn't tracking our movements even if we pay cash at the gas station and at toll booths and don't use a cell phone. We're fools if we do.

Sound like a Libertarian, don't I? I'm not and I'm not because I am not blaming this on a straw man government, I'm blaming it on you. I'm blaming it on us. We voted for the people who are doing this, we supported the Patriot act, we wallow in the fear mongering the retailing of idiot rage that "justified" it. We fall for their distractions, their distortions and we bark and growl like Pavlov's dogs. When they push our buttons, we push their buttons on the voting machines.

Sure, the Ninth Circuit is Liberaliberaliberal, when they insist you can't use your religious beliefs to stop people from marrying, but they're not are they? They're not when they argue that your home is their castle as is your car, your mailbox and your telephone, and by pretending we're Conservative we vote for the people who appoint them to take our freedom and make us thank them for their trouble.

Wednesday, April 7, 2010

Internet neutrality and the Courts

Marconi was still a young man when the need for government control of communications became all too obvious. Newsmen using the new wireless telegraph began to jam each others' transmissions accidentally and on purpose and battles were fought over frequency allocations. Someone had to step in with some rules to allow the technology to develop, to prevent it being used as a weapon in restraint of free trade and to make sure that those using the public airwaves would use it without disregard for the public interest.

I can almost hear throats clearing at those last two words, almost see lips forming words like collectivism, socialism, Communism, but without it, the guy with the most money has the podium and the guy who owns all the podiums: press, broadcast and now the Internet, might just as well be the government with all that power. The difference between a fair trial and murder; between a Hockey game and a viking raid (if there is a difference) is the rules, so save your breath. I don't want to hear it.

The FCC was formed for these reasons, but during the last administration, it's been almost exclusively concerned with promoting the interests of power companies who want to use the power lines to get into the internet business, and sometimes to the serious harm of other users of the frequency spectrum. Whether or not this has changed under the Communist/Fascist Antichrist from Kenya seems to matter less than the current posture of the courts. The District of Columbia Federal Appeals Court decided yesterday in favor of Comcast and against the authority of the FCC in it's attempt to mandate "net neutrality."

The new administration has been in favor of equal treatment for all internet users; in favor of a policy that would prevent Comcast, for instance from slowing down and restricting the content they don't like and making content they approve of faster and cheaper. Yes, yes, I know all about free market competition, but I'm talking about the real world here and that's a world where corporations collude rather than compete. It's a world where a small group can control information to the point where no one can compete successfully. As I said, the difference between boxing and assault and battery or even murder is the rules.

It's too soon to make scary assertions about how this will work out, but as restrictions on how much of all media outlets can be owned by one person, real or corporate have been loosened along with restrictions on how much information they can restrict in their own interest, it looks to me like we're once again shooting ourselves in the foot, slow motion style. Our obsessive fantasy of a 'no holds barred' marketplace leading to peace and order, prosperity and a well informed electorate is, along with our phobic horror of phrases like "public interest" may be making corporate demagoguery a more valid vision of the future.