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Judge Andrew Napolitano: Targeted Killings of Americans are Illegal and Unconstitutional

Judge Andrew Napolitano, speaking on Fox News this morning, explains that it is both illegal and unconstitutional for President Barack Obama to use drones or other means to “targeted kill” United States citizens. Napolitano, an RPI Advisory Board member, elaborates that “only the Congress can enact a law”  not a president on his own  and that the US Constitution guarantees a jury trial to Americans, including Americans accused of treason, before the government can deprive them of life, liberty, and property.
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Nice Job, Conservatives

When Barack Obama was elected president, the chickens came home to roost above the sordid nest that conservatives made for us after the 9/11 attacks. It was after those attacks that conservatives, quivering and quaking in their shoes over the thought that the terrorists were coming to get us, traded away the freedom of the American people to the federal government in the hope of gaining safety and security from the terrorists.

What were the terms of that fateful trade? They surrendered to President Bush omnipotent powers, powers that are inherent to any totalitarian regime and that are antithetical to the principles of freedom, due process of law, and limited government in the Constitution and the Bill of Rights.
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The State of Our Nation: The Greatest Threat to Our Freedoms Is the Government

What was striking about this year’s State of the Union address was not the sheer arrogance of the president’s remarks, the staged nature of the proceedings and interactions, or the predictable posturing of the rebuttals, but the extent to which the members of the various branches of government—President Obama, Congress, the Supreme Court, and the assorted government agencies—are just one big, brawling, noisy, semi-incestuous clan.

Watching these bureaucrats, both elected and appointed, interact in the unguarded moments before the event, with their hugging and kissing and nudging and joking and hobnobbing and general high spirits, I was reminded anew that these people—Republicans and Democrats alike—are united in a common goal, and it is not to protect and defend the Constitution. No, as Orwell recognized in Animal Farm, their common goal is to maintain the status quo, a goal that is helped along by an unquestioning, easily mollified, corporate media. In this way, the carefully crafted spectacle that is the State of the Union address is just that: an exaggerated farce of political theater intended to dazzle, distract and divide us, all the while the police state marches steadily forward.
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Hobby Lobby Case is About Rights, Not Contraceptives

One of the most important cases the US Supreme Court will consider this term is Hobby Lobby’s lawsuit challenging the Obamacare mandate that employer-provided health care plans must cover abortion and contraceptives. Hobby Lobby, a corporation owned and managed by a traditional Christian family, argues that the mandate violates their First Amendment rights.

Much of the discussion has focused on whether a corporation such as Hobby Lobby can even have First Amendment rights. But the issue of “corporate personhood” is a smokescreen. Hobby Lobby’s corporate status has no bearing on whether under Obamacare, Hobby Lobby’s owners, about whose personhood there is no doubt, have a right to run their business in a manner consistent with their moral beliefs.
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Welcome To The Memory Hole

Computer Storage

What if Edward Snowden was made to disappear? No, I’m not suggesting some future CIA rendition effort or a who-killed-Snowden conspiracy theory of a disappearance, but a more ominous kind.

What if everything a whistleblower had ever exposed could simply be made to go away? What if every National Security Agency (NSA) document Snowden released, every interview he gave, every documented trace of a national security state careening out of control could be made to disappear in real-time? What if the very posting of such revelations could be turned into a fruitless, record-less endeavor?

Am I suggesting the plot for a novel by some twenty-first century George Orwell? Hardly. As we edge toward a fully digital world, such things may soon be possible, not in science fiction but in our world -- and at the push of a button. In fact, the earliest prototypes of a new kind of “disappearance” are already being tested. We are closer to a shocking, dystopian reality that might once have been the stuff of futuristic novels than we imagine. Welcome to the memory hole.
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Judge Andrew Napolitano: Congress Can Cut the NSA Budget

Judge Andrew Napolitano, an RPI Advisory Board member, explains on Fox News last week that the US Congress can restrain the National Security Agency's mass spying by cutting the NSA's budget. "The recourse is to persuade Congress to clip the NSA's wings by taking some of its budget away from it—and that almost happened a few months ago, and it may happen after the first of the year," says Napolitano.
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Terrorism and the Bill of Rights

Constitution Day

In the aftermath of the Boston bombings last spring, GOP Sens. John McCain and Lindsey Graham and others called on Barack Obama to treat the surviving suspect in the bombings, Dzhokhar Tsarnaev, as an “enemy combatant” rather than as a criminal defendant. The episode highlighted the revolutionary change in the relationship of the American people to the federal government that took place in the wake of the 9/11 attacks. For while Obama rejected the plea to treat Tsarnaev as an enemy combatant, no one can dispute the fact that the president of the United States now wields the discretionary authority to go either way — enemy combatant or criminal defendant — with respect to people who are suspected of being terrorists.

Ever since 9/11 the president of the United States, together with the Pentagon and the CIA, has been wielding extraordinary emergency powers that historically have been wielded by the most powerful dictators in history. They include the power of the government to seize people, including Americans, cart them away to a military dungeon or concentration camp, torture them, keep them incarcerated indefinitely, and even execute them, perhaps after some sort of kangaroo military tribunal — all without judicial process to determine whether the person had done anything to warrant such treatment.
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Welcome to Deming, New Mexico -- Where Police Rape is a Matter of 'Protocol'

Deminc NM

David Eckert was stopped by police in Deming, New Mexico without cause, subjected to an illegal search of his vehicle and person, and eventually forced to undergo what amounts to object rape in the form of multiple rectal probes, forced enemas, and a colonoscopy.

The purported reason for this treatment was suspicion of narcotics possession. A more credible explanation is that the police wanted to punish Eckert for politely asserting his rights during an encounter a few weeks earlier.

There is something at once infuriating and appropriate about the treatment inflicted on Eckert: If the beast called the Homeland Security State has a cloacal tract, its aperture might very well be located in Deming, New Mexico. The uniformed degenerates who kidnapped Eckert and subjected him to Gitmo-trade torture claimed to be working with a federally supervised narcotics task force. This part of their story is entirely plausible, given the extravagant and impenitent corruption that typifies federal counter-narcotics operations in the New Mexico border region.


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How America Was Lost

American Flag

“No legal issue arises when the United States responds to a challenge to its power, position, and prestige.” - Dean Acheson , 1962, speaking to the American Society of International Law.

Dean Acheson declared 51 years ago that power, position, and prestige are the ingredients of national security and that national security trumps law. In the United States democracy takes a back seat to “national security,” a prerogative of the executive branch of government.

National security is where the executive branch hides its crimes against law, both domestic and international, its crimes against the Constitution, its crimes against innocent citizens both at home and abroad, and its secret agendas that it knows that the American public would never support.

“National security” is the cloak that the executive branch uses to make certain that the US government is unaccountable.

Without accountable government there is no civil liberty and no democracy except for the sham voting that existed in the Soviet Union and now exists in the US.
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Who Will Protect You from the Police? The Rise of Government-Sanctioned Home Invasions

SWAT

It’s 3 a.m. You’ve been asleep for hours when suddenly you hear a loud “Crash! Bang! Boom!” Based on the yelling, shouting and mayhem, it sounds as if someone—or several someones—are breaking through your front door. With your heart racing and your stomach churning, all you can think about is keeping your family safe from the intruders who have invaded your home. You have mere seconds before the intruders make their way to your bedroom.


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