Elite Stay Free, Peons Go To Prison…

Not only does justice seem to be bound and gagged, she seems to be buried too. In reading some of these articles, I have to ask just how twisted our system of justice is that the elite go free while those everyday citizens are held to a higher standard. How does this country reconcile these double standards and when will it redress this issue?

It is time to replace those who will not do their duty as assigned by law and find those guilty of criminal acts who are guilty and release those who were doing “as ordered”. One cannot be guilty for following direct orders, unless they find the commander, the commander’s commander, and so on up the chain of command…

How long do they think we will tolerate this continued double standard? Of course, with the lack of responses in any form of outbursts from the public at large, maybe I am just whistling dixie here… Seems the American public will tolerate whatever the government shoves down our collective throats any more.

ACLU And HRF Ask Circuit Court To Reconsider Rumsfeld Torture Case Precedent Used To Dismiss Case Wrongly Ignores Constitution, Groups Say

WASHINGTON, DC – April 25 – The American Civil Liberties Union and Human Rights First (HRF) today filed an unusual motion in federal court in an effort to overturn the dismissal of a lawsuit against former Defense Secretary Donald Rumsfeld. The March 2005 lawsuit was filed on behalf of nine Iraqi and Afghan former civilian detainees who were tortured while in U.S. military custody and eventually released without being charged with a crime. The lawsuit charged that then-Secretary Rumsfeld was legally responsible for policies and practices leading to the torture and abuse of detainees.

Hell, we know he is guilty! Everyone now knows he is guilty after that admission in the news. How can this not be an open and shut case against this man? Yet our justice system, for all its wisdom and might, has allowed a torturer/war criminal to go free. Unbelievable! This goes beyond Rumsfeld, it goes all the way to dubya!

“It is increasingly obvious that responsibility for widespread and systemic abuse of detainees in Iraq and Afghanistan lies at the top of the chain of command, but no one has been held accountable,” said Lucas Guttentag, ACLU lead counsel for the plaintiffs. “The rule of law and the protections of the Constitution cannot stop at the water’s edge when United States officials adopt policies that violate fundamental rights and core American values.”

Today’s motion asks the U.S. Court of Appeals for the District of Columbia Circuit to hear the case in the first instance as an “en banc” matter, meaning the entire court would hear the request rather than the standard procedure of assigning the case to a panel of three judges. The motion asks the court to sit “en banc” in order to reconsider its existing decisions that suggest that foreign nationals outside the United States can never bring a claim against government officials for violations of the Constitution.

While the detainees might not be citizens of this country, it was those of this country who held them unlawfully and had them tortured. How then can those same individuals not be held accountable according to our laws? This seems to be one of those convoluted lawyer thinking loop holes only those in the know could come up with and I have to wonder just what it would take to bring one of these guys to justice. Because you have to understand that unless one of them is, dubya never will be. Our laws either work for ALL of us all the time, or none of us ever. There can be no two was about this one!

In March 2007, Chief Judge Thomas A. Hogan of the U.S. District Court for the District of Columbia dismissed the ACLU’s lawsuit even though he described the case as “lamentable” and “appalling” and noted that “the facts alleged in the complaint stand as indictment of the humanity with which the United States treats its detainees.” Still, he concluded that under the governing precedent the case must be dismissed.

Today’s motion argues that the appellate court decisions on which the district court relied are inconsistent with key U.S. District Court for the District of Columbia decisions and should be reconsidered by the court of appeals.

“We are asking the court to reconsider its decision. We seek accountability for senior American officials who ordered and allowed torture and cruelty overseas,” said Deborah Colson of Human Rights First. “Especially in light of recent revelations about the involvement of high-level officials, reliance on the judicial process is a critical safeguard against abuse of power.”

The original lawsuit charges that the Constitution and international law clearly prohibit torture and require commanders to prevent such actions when they know or should have known of abuses. In addition to direct orders and authorizations, then-Secretary Rumsfeld and other high ranking officials who were named as defendants in the lawsuit knew of the torture and abuse at detention facilities in Iraq and Afghanistan and failed to act. Recently, President Bush admitted to ABC News that he knew his top national security advisers, including Rumsfeld, had discussed and approved specific details of the CIA’s use of torture.

They didn’t FAIL to act, on the contrary, they did the ordering of the torture and cruel treatment of these prisoners to such a degree that one could have put it to music and danced to it. How can our justice system fail to take action? Because they don’t want to, that’s how. There is no other explanation! Justice has failed to take the responsibility of making these guilty people pay for their high crimes!

Rear Admiral John Hutson, former Judge Advocate General of the Navy, and Brigadier General James Cullen, former Chief Judge of the U.S. Army Court of Criminal Appeal, are of counsel to HRF. In addition to Guttentag, Colson, Hutson, and Cullen, attorneys on the case are Steven Shapiro, Cecillia Wang, Jennifer Chang, Mónica Ramírez, Omar Jadwat, Amrit Singh, Steven Watt, and Hina Shamsi of the ACLU; Arthur Spitzer of the ACLU of the National Capital Area; Michael Posner and Sahr Muhammed Ally of Human Rights First; Bill Lann Lee of Lewis, Feinberg, Lee, Renaker & Jackson P.C.; Paul Hoffman of Schonbrun DeSimone Seplow Harris & Hoffman LLP; David Rudovksy of Kairys, Rudovsky, Epstein & Messing LLP; and Erwin Chemerinsky of Duke University School of Law.

Today’s motion is available online at:

Judge Hogan’s decision is online at:

More information about the case against former Defense Secretary Rumsfeld is available online at:

There may be hope yet, when the whole court sits to hear the case. But I wouldn’t hold my breath if I were you. It doesn’t seem to be a land of justice any more for those of us who are not of the elite class. My article about the betrayal of our soldiers is a case in point. You can read it here: There should not be two sets of laws in this country, one that represents us and one that represents the elite.

Call you Congresswoman or man today and ask them what they are going to do about torture in these United States of America and about holding those accountable in high positions. Make them explain to you WHY they aren’t doing anything about it.

CONGRESSIONAL SWITCHBOARD at 1-800-839-5276

Make your voice heard before they silence us for good.

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~ by justmytruth on April 26, 2008.

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