TPM Muckraker

« previous | MUCK HOME | next »

Biden Mum On State Secrets Bill He Once Supported

Et tu, Joe?

Last year, while trying to win the Democratic nomination for president, Joe Biden co-sponsored a bill to restrict the use of the "state secrets privilege" by the Department of Justice. But today, asked by the Huffington Post for Biden's current stance on the legislation, a spokesman for the vice president replied: "No comment on this from here." That "no comment" follows a similar tight-lipped stance from the White House itself.

The bill was reintroduced in February by Senators Leahy, Feingold, Kennedy, and Specter, in response to the Obama administration's use of the privilege in a wiretapping case. Earlier this month, the Justice Department asserted the privilege in a second wiretapping case, provoking outrage among progressives, and prompting Feingold to again express his concern over the issue.


9 Comments

| Leave a comment
user-pic

This is definitely a "Lack of Change We Can Believe In".

user-pic

These prior blog comment replies seemingly appear applicable to be re-mentioned and directly applicable and applied to this TPM Article.

Thank you and all for your continued indulgence.

Thank you and all for your time and consideration.

--------------------------------------------------
From my interpretation and as I am (also) proud and concerned that I continue to hope that our Executive, Legislative and Judicial Leaders and Members of our great Country will uphold our endeavors in the manner that I and many others have recommended for many years and/or decades, I have attached an additional blog comment reply I recently posted on this well know formidable TPM Muckracker website.

---------------------Attachement------------------

Please, is someone available to get through to US President Obama, US AG Holder and others in the Executive, Judicial and Legislative Branches of our 'We the People' US Government to also remind him of his and their written promise to our US Constitution, False Claims Act, FISA Courts, Restoration of Habeas Corpue, prevention of Illegal Signing statements, Illegal Wiretaps, prevention of Torture, Illegal rendition, legal//Illegal Secrecy, and to the complete abolishment of the enactment of the death penalty ecetra and to his and their promise to Whistleblowers and his and their written promise to support the 'FEDERAL EMPLOYEE WHISTLEBLOWER PROTECTION RESTORATION ENHANCEMENT ACT (that he has already allowed to be voted out of the current so-called Stimilus Bill and with a seemingly illegal Signing Statement).

Please note, recall and remember our DECLARATION,

'We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.'

Also and importantly, please note, aside from the prospective that it is also seemingly and absolutely required and mandated within our US Constitution and that these concerns must have and are explicitly entitled to full and complete Legislative and Judicial Review.

--------------------------------------------------
Without the full and complete inclusion of the Restoration and Enhancement of the US Constitutional mandated 'FEDERAL EMPLOYYE WHISTLEBLOWER PROTECTION RESTORATION ENHANCEMENT ACT' and for all this or any other similar legislative proposal would appear to continue to hold our US Government nugatory and if not outright appalling, dispicable, sad and disgusting and/or the seemingly protrayed
ability thereof.

-------------------------------------------------

Dear Readers, 1/14/2009

Good day. Thank you and all at TPM for the format and in allowing me to vent my impromptu exasperated frustrations within the past several recent days within many TPM Articles within these areas of seemingly great and/or notable concern and/or to and/or within all.

Also and most importantly, my apologies if I have offended anyone, as it is and remains my intent to not offend anyone. Also and importantly, my apologies in where I should and/or may have been expected to be more thoughtful in my blog comment replies. And finally, my apologies for the abundance of spelling and gramatical errors and within the lack of the and/or any expected formally educated Journalist skills.

In closing, please allow me to mention and that it appears well needed that interested Readers give their support to the endeavors of the US Constitutional, Bill of Rights mandate towards the 'Federal Employee Whistleblower Protection Restoration Enhancement Act' (for all) and directly to the due-dilligent Organizations of the Government Accountability Project GAP, the National Whistleblower Center NWC, Project on Government Oversight POGO (and the now 100's of additional other supporting Organizations) that have painstakingly for Decades and with the highest of Integrity, Fidelity and Bravery continue to provide the superb and excellent Professional Leadership to these US Constitutional, Bill of Rights mandates and within our Declaration towards hopes and aspirations of our declaration towards Life, Liberty and the Pursuit of Happiness for all.

In closing, my exasperated frustrations continue as it appears that seemingly to some extent these concerns continue and as I have previously mentioned as;

'This is not the hope for the 'Change We Can Believe In'. It appears seemingly similar to the same 'pack of lies' deranged, maniacal, dishonest, disingenuous, corrupt ongoings by these very exact same Individual(s)and exact and/or similar Practices, Policies and Procedures with the seemingly exact same and/or similar forbidden and/or uncorrected, secret and unwarrented illegal/legal Laws, Rules and Regulations and/or applications thereof.'

Again my many thanks and appreciation to TPM and the many formidable blog comment replies from the recent several days and weeks within these TPM topic areas of seemingly ongoing concern(s).

Again and finally, I presume it may be best for me to allow these GAP, NWC and POGO Oragnizations to provide the leadership and/or also until a Member of our US Executive, Legislative and/or as appropriate Judicial Branches of our 'We the People' respond to me and/or on this highly formidable and notable TPM Muckraker website.

Thank you and all for your time and consideration.

Sincerely,
Tpmreader

user-pic

It seems like every day brings another disappointment with the Obama Administration.

user-pic

In accordance with our own laws, Guantanamo Bay "detainees" deserve their day in civilian Court, as has already been determined by the U.S. Supreme Court.

Given the spirit, letter and application of our laws, our government cannot invoke "state secrets privilege" on a broad, continuous basis that contradicts the enjoyment of our civil liberties, human rights, privileges and immunities of citizenship and guaranteed civil rights. And our military forces cannot isolate themselves from the greater constitutional framework on which they depend for their very existence and "raison d'etre." The Fourteenth Amendment insures "equal protection of the laws," not only for American citizens, but for "other person(s)" within the jurisdiction of the United States.

The Founders framed American jurisprudence in contradistinction to the ignominies they had suffered under British rule, and therefore took great pains to infuse as many protections as humanly possible into the Constitution and subsequent laws. For example, in order to sustain cohesiveness in the Thirteen Colonies until the federal government could not only consolidate but legitimize national power, Framers set aside A.D. 1808, as the earliest year they could address "the slavery issue." However, subsequent legislation, beginning in the aftermath of the Civil War, proceeded to enact and secure both civil penalties and criminal punishment for all persons within the jurisdiction of the United States who violate constitutional rights of any person in one of the States or Territories of the United States. For the "other person(s)" would come to enjoy protection from all our laws in accordance with the Supreme Law of the Land, the Constitution of the United States.

The first such "Civil Rights Acts," was debated in Congress in the year A.D. 1866; and in A.D. 1871, Congress enacted the Civil Rights Act of 1871, also known as the "Ku Klux Klan Act of 1871." The current law, 42 United States Code, Section 1983, provides both State and federal remedies to violations of civil and human rights, not just for American citizens but for "other person(s)" within the jurisdiction of the United States. These acts were comprehensive in securing protection for all human beings even before the enactment of the Civil Rights Acts of 1965 and thereafter.

These Acts read: "Every person who under color of any statute, ordinance, regulation, custom or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, ANY CITIZEN OF THE UNITED STATES OR OTHER PERSON WITHIN THE JURISDICTION THEREOF to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law,....."

The U.S. Supreme Court only endeavored to "right a wrong," which was long overdue. These protections do not allow real criminals who have been charged, tried and found guilty in a court of law to escape from justice, but state that substantive rights, such as civil and human rights, must be respected in accordance with due process of law, especially in cases of criminal indictment. In the case of the "detainees," these rights were flagrantly violated. From what we have heard, they were even tortured with a method called "water boarding."

Therefore, the "internees" or "detainees" at the US military facility at Guantanamo Bay, Cuba, also have the benefit of these protections, falling under "other person" as provided by the Acts. No person can lose the right of Habeas Corpus or be confined for an indeterminate length of time - in these cases seven years - without charges being brought against them. That has been the problem with imprisonment of men captured in the Middle East by our military forces. No charges had ever been brought against them for seven years. It was a mistake to bring them here, even closer to our national jurisdiction, to then proceed to violate their civil and human rights, which were, not only already secured by our own laws, but also by the Geneva Convention, regarding treatment of "prisoners of war."

But these "prisoners of war," were first labeled "terrorists," without proof or charge; then, they were called "detainees". Nevertheless, the U.S. Supreme Court has already ruled that their rights must be restored and that they also have the right to be heard in federal courts, and that they cannot be held indefinitely without charge. The Supreme Court decision only reaffirmed protections that have already been secured for all persons who are within the jurisdiction of the United States, since A.D. 1871.

And there is cause for concern - for, the danger is that, if the errors of Guantanamo Bay are not lawfully corrected, even with proper reparations where duly merited, - once the precedent or "stare decisis" is set, the government could by legal verbiage extend this treatment to private citizens of the United States, as in cases of unlawful or unwarranted "wiretapping," or other violations.

"Vigilance," or "prudent watchfulness," is "the price of liberty." We must give careful attention to the way in which these cases will proceed and the outcomes that will ensue from judgments therein rendered. Thanks. With our Lord's blessings. LEO

user-pic

I am not an Attorney and without a formal College Education and I also have been prepping for over a day for a medical procedure tommorrow morning.

I wanted to offer some reply to your seemingly, superb and excellent informative blog comment with a reply.

My interpretation is that your reply gives substantial and formidable, proper and forthright, proud and honored credit to the words on our US Currency of 'In God We Trust'.

Hopefully the best of continued good luck and best wishes with and within your endeavors and also to those at TPM and within the many blog comment Articles and blog comment replies.

Thank you and all for your time and consideration.

Sincerely,
Tpmreader

user-pic

Say it ain't so Joe! (couldn't resist)

user-pic

President Obama, of whom I am a supporter "for now," seems intent on resurrecting procedures that many thought were dead with Obama's election. At least, Obama promised as much several times on the campaign trail. Yet,his Justice Department has fought in federal courts to resurrect the Bush arguments for secret arrest and unlimited confinement of "anyone," some of whom are being held in Afganistan prisons and other prisons around the world that we know nothing about. Bush's dirty little secret, according to many foreign news media, is that more than 48,000 people in America and other countries may have been abducted off the streets and no one knows where they are or what happen to them, especially whether they are still alive. What is worse, Obama's Justice Department has argued against constitutionally guaranteed habeas corpus rights for these prisoners. DOJ has also argued for the continuation of unrestricted and unsupervised electronic surveillance with absolutely no legal redress in the courts. This is not only the kind of change Americans cannot believe in, it is also something they must not tolerate. The U.S. Constitution and the laws of the land are more important than any presidency. If this is the price we have to pay for electing Obama, then in 2012 we can do without him. I have written a letter to the president reporting the same sentiments with 12,683 signatures from members of the faculties of major universities. So let us stop deploring Bush's attacks on the Constitution, while we remain silent about the Obama's resurrection of torture, unlawful confinement and unlimited and unsupervised electronic invasion of Americans' privacy. Enough is enough, for God's sake!

user-pic

okay, this is a deal breaker for me. I have been very upset since reading about Obama's plan to appeal the court decision that gave some Guantanamo detainees the right to challenge their imprisonment (in other words, suing for habeas corpus), per this brief bit in the NYTimes:
http://www.nytimes.com/2009/04/11/world/asia/11bagram.html?_r=1&ref=world

I now consider Obama a corrupt, lying fraud. I did prefer him over Hillary in the primaries (but would have definitely preferred Kucinich, who of course was ridiculed and marginialized by the PTB) and even became enthusiastic by the general election. His so-called "constitutional scholar" background was especially impressive and gave me every reason to hope that he would restore justice in this situation. In addition, on Day 1 of his presidency, virtually literally as I recall, he emphatically stated that "the rule of law" and habeas corpus would be reinstated.

In 2006 he gave an impassioned speech about the necessity of restoring habeas corpus to Guantanamo detainees -- see Glenn Greenwald at salon.com, "Obama and habeas corpus--then and now":
http://www.salon.com/opinion/greenwald/2009/04/11/bagram/
(Greenwald, by the way, is a REAL constitutional scholar, not a phony who uses it as a way to con people into voting for him).

I urge everyone to make a stink about this. I am now making it a point to return any fund appeal from any Democrat, whether by e-mail or snail mail, with a curt note that I will not give one thin dime to any Democrat or the DNC until this corrupt liar is brought to task about this matter and makes good on his "promises."

user-pic

This is one of the early disappointments of the new administration. I guess Don't Ask, Don't Tell applies to more than just gays in the military.

Leave a comment

Advertisement
Please disable your adblocker!
Ads are how we pay the bills!

Subscribe
Tip Line

Josh
Marshall

Bio

Zachary
Roth

Bio

Tag Cloud



Subscribe to this blog's feed.

Advertise Liberally
Share
Close Social Web Email

"To" Email Address

Your Name

Your Email Address