The Mudcat Café TM
Thread #39060   Message #555862
Posted By: InOBU
21-Sep-01 - 12:07 PM
Thread Name: Declaring War against terrorism
Subject: RE: Declaring War againt terrorism
Dear Guest:
I suppose you are not familier with the US justice system. As a matter of fact, the President cannot, under our legal system, extradict anyone without due process. In point of fact, this important aspect of US law was underminded long before Clinton, under the Regan administration in order to side step the courts and our constition in the case of Joe Doherty. I worked as a paralegal on that case before I went to law school, and alow me to clarify the dangers we now face.
The US executive branch (the office of the President)and the British government came into a nuetral environment, the Federal Courts, before judges who were predisposed to their case that Joe and the IRA were involved in terrorism. The first federal judge who heard the case, Judge Sprizzo said to Joe's lowyers, "Do you mean to tell me I cannot send this murderous son a bitch back to England?"
After a case where Joe's lawyers had no financial resourses (contrary to the rumor promoted by our two governments his case was so underfuned it bankrupted the firm)... after a long protracted hearing of many months the court and numerous courts thereafter ruled that England and the United States had failed to make the case that the IRA was involved in terrorism, but was rather another chapter in a long insurection.
In order to deport Joe, not extradict him, the US undermined very important protections of law. Shortly there after the cold war reasons behind England's need to artifically keep the war going in Ireland ended and suddunly they could talk to an IRA with whom for decades they could not speak.
Today the Federal government is seeking to bring about a more intrusive security state, while overlooking the fact that the prime suspects in this attrocity frequented a building wherein the bombers of the trade center ten years ago met and planned that action. Existing laws would have justified enough survalence to have, for example, uncovered the modle of the WTC on the ROOF! of that building.
It is far too easy to take a get tough approach when it is time to take a get wise approach. We cannot build a safer world by limmiting justice and liberty. As much as I dispise the Taliban, and I do, they do have a point when they ask for proof before handing over a wanted suspect. When we are no longer a world of law, no one is safe anywhere.
ALl the best, pray for peace and work for justice
Larry Otway