[...] the previous administration. How is it that a self-avowed terrorist who tried to kill Americans is able to sue a Justice Department Official whose legal counsel undoubtedly saved American lives? Michael Gerson [...]

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[...] (Much more here from Mataharley) [...]

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Trooper, you would be correct that the next step in the Obama DOJ appeal process would be at the 9th Circuit. Since it’s a civil case, either party can appeal (unlike a criminal case where the government can not appeal if the defendant is found not guilty). BTW, I am unaware if Padilla’s attorney’s requested a jury trial in their CA lawsuit (he also filed a similiar one against Ashcroft and Rumsfeld in SC). I believe this was a bench trial. Padilla, afterall, is not a sympathetic figure.

Throwing Padilla/Yoo to the 9th is likely an exercise in futuility. But then, from there it’s the Supremes, and may be a necessary step…. providing the Obama DOJ is inclined to run the legal gauntlet.

Your email to me about Eric and his refusal of jury duty is worthy of a post on jury nullification someday. It’s a power that jury members possess, but few are aware of. And it’s unlikely a judge will be advising them of that power. It can have positive, or negative results at any given moment in time. But it is a way of civilian feedback on Congressional mandates that the public considers absurd.

I understand Eric’s frustration in not wanting to serve on jury duty. But then, that’s that’s rather like acerbating the situation. A jury of peers, especially if well informed on their jury nullification power, is oft times the only thing that stands between a defendant and a run amok judicial system. Eric’s refusal to serve is like giving the bench a free hand to expand their practice of questionable justice…. or like turning tail on the battlefield. Can’t say as I back him in his decision.

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Ok, just getting my first cup of coffee here. Just playing pin the tail on the Donkey, gotta be the famous 9th Circuit Band of Buffoons on this one, right?

On Padilla, Bush failed to get that case adjudicated so that’s a lick on him. The Military Tribunals should have had 3/4 of these cases decided already but there must be a shortage of rope and tall trees at GITMO so they hesitated…Justice delayed…well You know the rest.

Will the Obama DOJ and the current Black Robed ones do any better. I can’t depend on it.
How Miranda vs Arizona applies to non US Citizens on non US Soil is the height of assinity.
We have a full pen of murderers at Baghram that will be given the same Rights as US Citizens on US soil? Who pulled that flawed logic out of their backsides? That has me scratching my head big time. Isn’t that Imperialism of some kind. Afghanistan is not one of Obama’s 57 States.

Today is the Sabbath. I’m an Old Testament kinda guy. Been to Somalia, Afghanistan, Chechnya, Bosnia, Iraq and a few other hellhole playgrounds for murderers, rapists and terrorists. There was a shortage of food, clean water, medical care, order and that other thing…justice. Not the mythical social or economic kind, the kind that makes a place safe to live in. A Failure of Justice creates Terrorists, not anything else. Buy into that now.

I don’t trust the Magic Kenyan/Indonesian/Hawaiian/Chicago “Constitutional Scholar” to know anything about that or his Appointed Lackies either. Revisionist History does not cover that. Revisionist Justice won’t either. No great wonder why some US Citizens do not trust the US Justice system or want to make time to participate in it.

Ref: Eric Anthony Slye refusing jury duty in Gallatin County, Montana, January 2009.
I won’t post it here but Mata has it.

Off to church then some trout fishing.

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Using the term ‘judge’ to describe most of those wearing a black robe is like using the term ‘American’ to describe O’Dumbo. Both are off to the point of being a joke.

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[...] about Politico as of June 13, 2009 Padilla can sue Bush legal advisors, says SF’s Northern District of California … ignores SCOTUS … – floppingaces.net 06/14/2009 More from our screwed up judicial system that makes you go “huh”? [...]

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