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U.S. Constitution
See other U.S. Constitution Articles

Title: In America the Rule of Law Is Vacated
Source: [None]
URL Source: http://lewrockwell.com/roberts/roberts323.html
Published: Sep 2, 2011
Author: Paul Craig Roberts
Post Date: 2011-09-02 15:34:48 by Capitalist Eric
Keywords: None
Views: 9918
Comments: 22

With bank fraudsters, torturers, and war criminals running free, the US Department of Justice (sic) has nothing better to do than to harass the famous Tennessee guitar manufacturer, Gibson, arrest organic food producers in California and send 12 abusive FBI agents armed with assault rifles to bust down yet another wrong door of yet another innocent family, leaving parents, children, and grandmother traumatized.

What law did Gibson Guitar Corp break that caused federal agents to disrupt Gibson's plants in Nashville and Memphis, seize guitars, cause layoffs, and cost the company $3 million from disrupted operations?

No US law was broken. The feds claim that Gibson broke a law that is on the books in India.

India has not complained about Gibson or asked for the aid of the US government in enforcing its laws against Gibson. Instead, the feds have taken it upon themselves to both interpret and to enforce on US citizens the laws of India. The feds claim that Gibson's use of wood from India in its guitars is illegal, because the wood was not finished by Indian workers.

This must not be India's interpretation of the law as India allowed the unfinished wood to be exported. Perhaps the feds are trying to force more layoffs of US workers and their replacement by H-1B foreign workers. Gibson can solve its problem by firing its Tennessee work force and hiring Indian citizens on H-1B work visas.

In Venice, California, feds spent a year dressed up as hippies purchasing raw goat milk and yogurt from Rawesome Foods and then, decked out in hemp anklets and reeking of patchouli, raided with guns drawn – always with guns drawn – the organic food shop. The owner's crime is that he supplied the normal everyday foods that I grew up on to customers who requested them. For this heinous act, James C. Stewart faces a 13 count indictment and is held on $123,000 bail.

How did raw milk become a "health threat?" Far more Americans have died from e-coli in fast food hamburgers and from salmonella in mass produced eggs and chicken. Like many of my generation, I was raised on raw milk. Mathis Dairy delivered it to the homes in Atlanta. Even decades later a person could purchase Mathis Dairy's raw milk in Atlanta's grocery stores. How did supplying an ordinary staple become a crime?

The FBI agents who broke down Gary Adams door in Bellevue, Pennsylvania, claim they were looking for a woman. Why does it take 12 heavily armed FBI agents to apprehend a woman? Are FBI agents that effete? If the feds can never get the address right, how do we know they have the name and gender right?

I can remember when it only took one policeman to deliver a warrant and to arrest a person, and without gun drawn and without breaking down the door, tasering or shooting the object of arrest. It turns out that the FBI agents who broke into the Adams home not only were at the wrong address but also didn't even have a search warrant had they been at the correct address.

The practice of sending heavily armed teams into American homes has resulted in many senseless murders of US citizens. The practice must be halted and SWAT teams disbanded. SWAT teams have murdered far more innocents than they have dangerous criminals. Hostage situations are rare, and they are best handled without violence.

Jose Guerena, a US Marine who served two tours in Bush's Iraq War was murdered in his own home in front of his wife and two small children by a crazed SWAT team, again in the wrong place, who shot him 60 times. When his wife told him that there were men sneaking around the house, he picked up his rifle and walked to the kitchen to see what was going on and was gunned down. The hysterical SWAT team fired 71 shots at him without cause. Brave, tough, macho cops out defending the public and murdering war heroes.

I have seen studies that show that police actually commit more acts of violence against the public than do criminals, which raises an interesting question: Are police a greater threat to the public than are criminals? On Yahoo I just searched "police brutality" and up came 4,840,000 results.

Meanwhile, the real master criminals, such as Dick Cheney, who, if tried for his actions at Nuremberg, would most definitely have been executed as a war criminal, run free.

Cheney is all over TV hawking his memoirs. On August 29, interviewed by Jamie Gangel on NBC's Dateline, Cheney again proudly admitted that he authorized torture, secret prisons, and illegal wiretapping. These are crimes under US and international laws.

Cheney claims breaking laws against torture is "the right thing to do" if "we had a high-value detainee and that was the only way we can get him to talk."

Three questions immediately come to mind that no member of the presstitute media ever asks.The first is, why does Cheney think the office of Vice President, President, or Attorney General has the power to "authorize" breaking a law? Our vaunted "rule of law" disappears if federal officials can authorize breaking laws.

The second is, what high-value detainees is Cheney talking about? Donald Rumsfeld declared the Guantanamo detainees to be "the most dangerous, best-trained, vicious killers on the face of the earth." But the vast majority had to be released when it turned out, after years of their lives were spent in a torture prison, that the vast majority of the detainees were hapless innocents who were sold to the stupid Americans by war lords as "terrorists" for bounties. To save face, the US government has held on to a few detainees, but hasn't enough confidence in their alleged guilt to put them on trial in a court of law.

The third is why does Cheney think that he knows better than the accumulated documented evidence that torture doesn't produce truthful or useful information. If the person under torture is actually a terrorist, he knows that his tormentors don't know the answers that they are looking for and so he or she can tell the torturers whatever serves

the tortured victim's purposes. If the person under torture is innocent, he has no idea what the answers are and seeks to discover what his torturer wants to hear so that he can tell him.

As Glenn Greenwald makes clear, Dick Cheney, who presided "over policies that left hundreds of thousands of innocent people dead from wars of aggression, constructed a worldwide torture regime, and spied on Americans without the warrants required by law" is now being feted and enriched thanks to "the protective shield of immunity bestowed upon him by the current administration."

Meanwhile Gibson Guitar faces prosecution because of the feds' off-the-wall interpretation of a law in India, and the owner of Rawesome has a 13-count indictment for supplying customers with a food staple that was a part of the normal diet from colonial times until recently.

In America we have the rule of law – only the law is not applied to banksters and members of the executive branch but, as Greenwald says, is only applied to "ordinary citizens and other nations' (unfriendly) rulers."

A country this utterly corrupt is certainly no "light unto the world."

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Begin Trace Mode for Comment # 22.

#1. To: Capitalist Eric (#0)

What law did Gibson Guitar Corp break that caused federal agents to disrupt Gibson's plants in Nashville and Memphis, seize guitars, cause layoffs, and cost the company $3 million from disrupted operations?

No US law was broken. The feds claim that Gibson broke a law that is on the books in India.

It would appear that Gibson is alleged to have violated 16 U.S.C. § 3372.

http://law.justia.com/codes/us/2010/title16/chapter53/section3371/

2010 US Code
Title 16 Conservation CHAPTER 53 —CONTROL OF ILLEGALLY TAKEN FISH AND WILDLIFE (§§ 3371—3378)

§ 3371. Definitions

[excerpt]

(f) Plant.—

(1) In general.— The terms “plant” and “plants” mean any wild member of the plant kingdom, including roots, seeds, parts, or products thereof, and including trees from either natural or planted forest stands.

- - - - -

http://law.justia.com/codes/us/2010/title16/chapter53/section3372/

2010 US Code
Title 16 Conservation
CHAPTER 53 —CONTROL OF ILLEGALLY TAKEN FISH AND WILDLIFE (§§ 3371—3378)

§ 3372. Prohibited acts

(a) Offenses other than marking offenses

It is unlawful for any person—

(1) to import, export, transport, sell, receive, acquire, or purchase any fish or wildlife or plant taken, possessed, transported, or sold in violation of any law, treaty, or regulation of the United States or in violation of any Indian tribal law;

(2) to import, export, transport, sell, receive, acquire, or purchase in interstate or foreign commerce—

(A) any fish or wildlife taken, possessed, transported, or sold in violation of any law or regulation of any State or in violation of any foreign law;

(B) any plant—

(i) taken, possessed, transported, or sold in violation of any law or regulation of any State, or any foreign law, that protects plants or that regulates—

(I) the theft of plants;

(II) the taking of plants from a park, forest reserve, or other officially protected area;

(III) the taking of plants from an officially designated area; or

(IV) the taking of plants without, or contrary to, required authorization;

(ii) taken, possessed, transported, or sold without the payment of appropriate royalties, taxes, or stumpage fees required for the plant by any law or regulation of any State or any foreign law; or

(iii) taken, possessed, transported, or sold in violation of any limitation under any law or regulation of any State, or under any foreign law, governing the export or transshipment of plants;

[snip]

nolu chan  posted on  2011-09-02   15:58:09 ET  Reply   Untrace   Trace   Private Reply  


#3. To: nolu chan (#1)

.

You apparently are familiar with the LAW.

So I'd sure like you to show me the CONSTITUTIONAL LAW that allowed the messiah "king" to take over TWO of the largest auto makers in the world, and THEN give their stock holders NOTHING, and THEN giving most of those shares to his union whore supporters, all the while ignoring ALL existing LAWS while doing it.

How about the CONSTITUTIONAL LAW that allows the messiah "king" to set up "CZARS" who have absolutely ZERO CONGRESSIONAL oversight?

How about the CONSTITUTIONAL LAW that allows the feral gooberment to PRINT "money" and give it out as bribes?

How about ... , and .... , and ......, and ad nauseum.

Never mind, it does NOT matter in today's America in any way does it?

*

"The Law is a whore that smiles at the man with the biggest purse."

Cicero

*

"Inter arma enim silent leges"

"In times of war, the law falls silent."

Cicero

*

Mad Dog  posted on  2011-09-02   16:42:57 ET  Reply   Untrace   Trace   Private Reply  


#5. To: Mad Dog (#3)

"Inter arma enim silent leges"

"In times of war, the law falls silent."

Cicero


The Constitution of the United States is a law for rulers and people, equally in war and in peace, and covers with the shield of its protection all classes of men, at all times, and under all circumstances. No doctrine, involving more pernicious consequences, was ever invented by the wit of man than that any of its provisions can be suspended during any of the great exigencies of government. Such a doctrine leads directly to anarchy or despotism, but the theory of necessity on which it is based is false; for the government, within the Constitution, has all the powers granted to it, which are necessary to preserve its existence; as has been happily proved by the result of the great effort to throw off its just authority.

U.S. Supreme Court, Ex parte Milligan, 71 U.S. 2, 120-21 (1866)

nolu chan  posted on  2011-09-02   17:38:05 ET  Reply   Untrace   Trace   Private Reply  


#8. To: nolu chan (#5)

The Constitution of the United States is a law for rulers and people, equally in war and in peace, and covers with the shield of its protection all classes of men, at all times, and under all circumstances. No doctrine, involving more pernicious consequences, was ever invented by the wit of man than that any of its provisions can be suspended during any of the great exigencies of government. Such a doctrine leads directly to anarchy or despotism, but the theory of necessity on which it is based is false; for the government, within the Constitution, has all the powers granted to it, which are necessary to preserve its existence; as has been happily proved by the result of the great effort to throw off its just authority.

U.S. Supreme Court, Ex parte Milligan, 71 U.S. 2, 120-21 (1866)

I do NOT mean this as an insult or slur.

I have noted with HORROR all of my life that LAWyers have no grasp of the difference between THEORY and actual REALITY.

That "the LAW is silent in the face of ARMS" isn't just a theory or any sort justification.

IT'S SIMPLY HISTORICAL FACT.

I could show you the HISTORICAL ACCURACY of this, but YOU as a putative educated person, should already KNOW this HISTORICAL FACT.

Why don't you?

Mad Dog  posted on  2011-09-02   17:49:47 ET  Reply   Untrace   Trace   Private Reply  


#11. To: Mad Dog (#8)

I could show you the HISTORICAL ACCURACY of this, but YOU as a putative educated person, should already KNOW this HISTORICAL FACT.

Why don't you?

If you mean do I know that Lincoln committed serial rape of the Constitution throughout the Civil War, I am well aware of that historical fact, and have commented on it many, many times.

If you mean that the law, in fact, changes, then you are wrong. If you mean it is ignored, you are very correct. Even in a bogus war against an ism, GWB/Cheney relied on Civil War precedents to justify their unlawful actions.

Courts and judges are not the law. And incidentally, Lincoln packed the Supreme Court with a 10th justice (his 5th appointee) just to make sure a majority would not go against him.

nolu chan  posted on  2011-09-02   20:44:25 ET  Reply   Untrace   Trace   Private Reply  


#14. To: nolu chan (#11)

If you mean it is ignored, you are very correct.

Could THAT be what I was saying?

Hmmmm it's a REAL mystery isn't it?

That's EXACTLY what I, and CICERO, and HUMAN HISTORY were and are saying.

HISTORY means HISTORY man, and HISTORY didn't start OR end with the USA.

It goes WAY deeper than just the 19th century counselor.

The actual quote is from CICERO.

You do know the root and HISTORY of the word "TYRANT" don't you?

Ever heard of SYRACUSE, (NOT the place in New York), counselor?

You do know why it would be germane to this discussion?

And spare me your OBVIOUS and KNOWN HISTORY of what Lincoln did counselor, MY ancestors FOUGHT FOR SOUTH CAROLINA.

How about you tell us all about how EVERYTHING that HITLER did in WW2, including the so called "final solution" was "LEGAL" under German LAW of the time.

How about telling us all how THE LAW worked out in Stalin's CCCP?

How about an explication of the effacey of the communist Chinese "constitution"?

The simple fact remains that ...

"The LAW is a WHORE ..."

You could TRY to dispute the FACT, that all through OUT ALL of HUMAN history, that the LAW is silent in the face of ARMS counselor.

I'm sure that you have the rhetorical skills to give her the good 'ol college TRY.

BUT, unfortunately FOR that argument, HISTORY is replete with countless examples of Cicero's veracity.

---

Digressing ...

MOST of y'all HATE LAWyer jokes don't YOU?

Bummer for YOU ...

LOL!

--------

You remind me of a time when I was listening to "Click and Clack" on NPR many years ago. They were talking about LAWYERS and spinning a couple of pretty funny jokes, when a LAWyer called them up whining about that they were "making LAWYERS look bad!"

LOL!

I'll NEVER forget what Tommy said then, he said "you LAWYERS do a pretty good job of THAT yourselves".

Which is TRUE.

===

Do you know why they are starting to use lawyers instead of RATS for medical experiments?

Well for one thing, staff does NOT get as attached to the lawyers as they do to the RATS.

And then there is the FACT that there are just some things that you just can't get a RAT to do.

LOL!

TOO TRUE!

Bada BING!!!!!!!!

"How do ya like ME NOW?"

LMAO!!!!!!!!!!!!

Maybe that was "too much"?

That was not my intention.

It's a pity when people can't even laugh at themselves, isn't it?

"Peace", (through SUPERIOR FIREPOWER), (of course).

Let me buy ya a drink at the cantina mano and we'll work it out over the adult beverage of your choice.

;^)

Mad Dog  posted on  2011-09-02   21:52:06 ET  Reply   Untrace   Trace   Private Reply  


#17. To: Mad Dog (#14)

You could TRY to dispute the FACT, that all through OUT ALL of HUMAN history, that the LAW is silent in the face of ARMS counselor.

The problem with the whole concept of the supposed Law of Necessity is that Executive (President or whatever) makes the determination that there is a necessity )or emergency or state of war). Upon his unilateral decision, all the laws of the land are held in abeyance. Anyone who acquiesces to that as the proper order of things invites his elected leader to become a tyrant.

When it happens, it should not be given a seal of approval.

cantina mano

Hand canteen?

nolu chan  posted on  2011-09-02   23:22:14 ET  Reply   Untrace   Trace   Private Reply  


#19. To: nolu chan (#17)

The problem with the whole concept of the supposed Law of Necessity is that Executive (President or whatever) makes the determination that there is a necessity )or emergency or state of war). Upon his unilateral decision, all the laws of the land are held in abeyance. Anyone who acquiesces to that as the proper order of things invites his elected leader to become a tyrant.

When it happens, it should not be given a seal of approval.

I could not agree with you more on this matter.

---

So beat me up over leaving a comma out.

I deserve it, for using barrio slang.

LOL!

MY bad.

Mad Dog  posted on  2011-09-02   23:30:17 ET  Reply   Untrace   Trace   Private Reply  


#21. To: Mad Dog (#19)

I deserve it, for using barrio slang.

I learned my Spanish in Spain. I'm not familiar with American barrio slang. Mano is hand.

nolu chan  posted on  2011-09-02   23:50:57 ET  Reply   Untrace   Trace   Private Reply  


#22. To: nolu chan (#21)

.

I learned mine from Madridanos.

I just know barrio/spanglish also because it's required to communicate here in the USA.

I KNOW what the literal meaning of mano is.

It's also slang for a MAN.

So if I say what's UP mano. It's the same as saying what's up MAN.

My father did his undergrad work at Georgetown, and then went and got his masters from the Universidad de Mexico Ciudad de Mexico.

I grew up spending ALOT of time in the barrios of this country. Mostly in the west.

I miss the food and the culture of that time.

They weren't infested with crazy violent drug narco scum back then.

I see that you are very judicious in your use of humor.

Don't worry counselor, I'm NOT contagious, it's genetic.

LMAO!!

Mad Dog  posted on  2011-09-03   15:21:11 ET  Reply   Untrace   Trace   Private Reply  


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End Trace Mode for Comment # 22.

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