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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: 9596
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 # 6.

#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  


#4. To: Mad Dog (#3)

[1] 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.

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

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

[nc - numbers added]

[1] I can't show you that.

[2] Czars are no problem. They are advisors and do not violate anything, regardless of what name the press gives to them.

[3] Art. 1 §8 cl. 5 grants to Congress the power "to coin Money, regulate the Value thereof, and of foreign Coin...." §18 grants the Congress the power "To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or officer thereof."

Re paper currency see:

http://www.law.georgetown.edu/faculty/documents/Papermoneyart.pdf

Paper Money and the Original Understanding of the Coinage Clause
by
Robert G. Natelson

Professor of Law, The University of Montana, and manager of The Scholarship of the Original Understanding of the Constitution.

The conclusion of this 59-page study is:

CONCLUSION

By the original understanding, the Constitution’s Coinage Clause grants to Congress the express power to coin money and bestow legal tender quality upon that money. A similar power of lesser, but still broad, scope is also created by the Commerce Clause, since part of the eighteenth century definition of “regulating commerce” was the issuance and regulation of the media of exchange.

By the original understanding also, the money thus “coined” need not be metallic. Paper or any other material that Congress selects will suffice. Because the power to coin paper is express, there is no need to justify it by the incidental powers doctrine of the Necessary and Proper Clause.

The Supreme Court’s opinions in The Legal Tender Cases did rely on the Necessary and Proper Clause, and to that extent their reasoning was at odds with the original understanding. However, the holding of those cases – that Congress had authority to issue legal tender paper money – was correct as a matter of original understanding. There is, therefore, no need for originalists or others propounding interpretive theories to make any special accommodation for the holdings of The Legal Tender Cases.

Your mileage may vary, but it is now settled law.

I know of no legal basis for the Government to hand out bribes.

nolu chan  posted on  2011-09-02   17:28:33 ET  Reply   Untrace   Trace   Private Reply  


#6. To: nolu chan (#4)

Thanks.

LOL!

"The LAW is a WHORE ..."

Mad Dog  posted on  2011-09-02   17:40:02 ET  Reply   Untrace   Trace   Private Reply  


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