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The Baltimore Studio


The Baltimore Studio are no more than LAPD Officers using a voice synthesizer to disguise themselves. This construction is a form of Profiling and Entrapment. Identity is a key. The Studio members are presented as MSM. The Journal is being continued here:


http://powereality.net/moec-journals.html




2007 Archives


Radhanatha and Sulochana


Blythe CA

January, 2007


Radhanatha swami

Radhanatha Swami

GBC Statement Regarding Accusations Against Radhanatha Swami


BY: GBC EXECUTIVE COMMITTEE


Jan 10, INDIA (DANDAVATS) New discussions have recently been going on about criminal activities that took place in New Vrindavana in the 1980s. These events were thoroughly investigated by the United States Attorney's Office, which contains some of the finest attorneys in the country, and several individuals were prosecuted and convicted. The case has now been closed for almost two decades.


The GBC is not a legal or law enforcement agency. It is an ecclesiastical body that lacks the resources to match the ability of the federal government to deal with these matters. All it can do is refer such matters to the appropriate legal authorities. We can simply state below the facts of the case as we understand them:


The United States Federal Bureau of Investigation (FBI) spent several years investigating the Sulocana case, and other serious legal problems with the New Vrindavana community. These were conducted in tandem with the United States Attorney in West Virginia.


In addition, the Los Angeles Police Department investigated the murder of Sulocana dasa as a California state case, and they also gave evidence in the federal case. Law officers from West Virginia were also involved.


There were two federal trials and a major grand jury hearing regarding Kirtanananda dasa. Tirtha dasa was also tried, both in California and West Virginia. (Kirtanananda served a lengthy prison term. Tirtha is still in prison.) These extensive government investigations and trials contained nothing to substantiate the allegations brought forward by Janmastami dasa against Radhanath Swami.


There were no charges of any kind brought against Radhanath Swami. This was despite the fact that as part of the overall investigation Radhanath Swami was interrogated by the Western Region FBI Director, LAPD investigators, federal prosecutors, and two grand juries. He was cleared by all these agencies of any involvement in wrongdoing.


A week ago, on January 3rd, 2007, Michael Stein, United States Attorney and the lead federal prosecutor for the case, after hearing the recent allegations from Janmastami dasa, stated:


"We looked at everyone in New Vrindavana, particularly those higher on the ring. Radhanath Swami could have been an influence [in this crime] but he wasn't."


Stein went on to say that there was no evidence whatsoever that Radhanath Swami had any involvement in the crime and that Radhanath Swami was never considered a defendant. When asked, he said there was no question of further investigations based on the allegations of Janmastami. US Attorney Stein concluded by saying that he personally "vouched for" Radhanath Swami's credibility.


Given the above, the GBC finds no reasons to take these allegations seriously. The GBC recommends that any person in possession of newly discovered evidence regarding the New Vrindavana events present such information to the U.S. Attorney's Office or other appropriate legal agency. If any subsequent investigation might ensue, the GBC will fully cooperate with it.


Finally, the GBC asked Radhanath Swami if he would like to make a statement regarding these allegations. He wrote:


"I do not have the time, health, or energy to get into Internet debates, and as I'm trying to be a Vaishnava, I'm reluctant to defend myself from such assaults of character.


"But for the purpose of clarification, my comments are as follows":


"In 1993 New Vrindavana community members were informed about the spiritual problems Kirtanananda Swami was having. Janmastami dasa was furious, and told me that Kirtanananda Swami was the perfect acarya, and that anything said about him was all vicious lies. He said he held me responsible for being the leader of a conspiracy against Kirtanananda Swami and that I would be 'destroyed.' Since then he has repeatedly threatened me and other members of the New Vrindavana community.


"As far as what Janmastami dasa has written on the Internet, every single allegation against me is totally false. I was not involved in any criminal activity."


"On a personal note, I have nothing against Janmastami Prabhu and only wish the best for him."


Your servant,


Radhanath Swami


Your servants,


ISKCON GBC Executive Committee


http://harekrsna.com/sun/editorials/01-07/editorials1142.htm


ISKCON and Kazakhstan Crisis


Parker AZ

February 12, 2007


Media Release ISKCON Communications


HINDUS BRACING FOR NEXT ROUND OF ATTACKS


Kazakhstan continues aggression against minorities, ignores international outcry


FOR IMMEDIATE RELEASE


Date: February 5, 2007


Contact: Vineet Chander (201) 925-4973; vineet@iskcon.com


Almaty: Impervious to international outcry, government officials in the Central Asian country of Kazakhstan have intensified their attacks against members of the Hare Krishna religion, a Vaishnava Hindu tradition. A local court ordered more homes belonging to the Krishna devotees to be demolished, the Associated Press reported, threatening to leave more families homeless in freezing temperatures at any moment.


The latest court ruling, sanctioning the government to confiscate the Krishna land without compensation, came as a shock to members of the community. According to a January 31 report by Forum 18, a religious rights watchdog group, the decision was rendered after the judge told Hare Krishna chairperson Viktor Golous that the case would be postponed and that he could leave. Incredulously, after Golous left the court, the judge ruled against him in his absence. Such questionable judicial practices have led many to conclude that the Hindus are being denied due process and targeted because of their faith.


"The issue at dispute has less to do with property rights than with the right of people living in Kazakhstan to exercise their religion freely," International Helsinki Federation for Human Rights Executive Director Aaron Rhodes stated in an open letter. "Since the dispute started, Kazakh authorities have been reluctant to deal with the issue in a fair and unbiased manner."


MORE...


The court order is the next step in what human rights organizations have labeled a land grab by government officials against a religious minority. In November 2006, several busloads of riot police and two bulldozers demolished thirteen homes owned by members of the Hare Krishna religion.


The surprise attack evoked outrage from the worldwide Hindu community, and elicited statements of concern from the U.S. Embassy in Kazakhstan, the Organization for Security and Cooperation in Europe (OSCE), and the United States Commission on International Religious Freedom. In the United Kingdom, Parliament passed an Early Day Motion condemning the harassment of Hindus in Kazakhstan and calling upon Kazakh President Nazarbayev to intervene. British Prime Minister Tony Blair echoed Parliament members' concerns during his Question Time, assuring them that he would continue to push the Kazakhstan government to protect religious rights.


Kazakhstan's mistreatment of Hindus and other religious minorities was a key reason the country was refused its bid to chair the OSCE in 2009.


"[S]tate sponsored action has been focused upon members of the Hare Krishna community in a manner that suggests they have been targeted on the basis of their religious affiliation," the OSCE Advisory Council on Freedom of Religion or Belief said in a statement they released, adding that it "calls upon the Kazakh authorities to halt any further demolitions and to extend immediate humanitarian assistance to those whose homes have been destroyed."


In light of the Kazakh government’s latest moves against the Krishna community, that call seems to have fallen on deaf ears.


For more information about the persecution of religious minorities in Kazakhstan visit:


www.KazakhKrishna.com and www.Forum18.org


Backgrounder ISKCON Communications


The following are excerpts from statements raising concerns about the Kazakhstan government's aggression against the Hare Krishna community in Almaty.


"The embassy has several concerns regarding the legal basis for the actions against the Hare Krishna community. Regardless of the merits of the underlying case, the forceful eviction of homeowners in freezing temperatures and the destruction of their possessions, contradicted principles of due process and fairness. The embassy urges the Karasai district authorities to refrain from any further aggressive actions against the Hare Krishnas, and to work toward a fair, lawful, and peaceful resolution of the ongoing legal dispute."


(U.S. Embassy in Kazakhstan)


From the information available to the Advisory Council, it appears that state sponsored action has been focused upon members of the Hare Krishna community in a manner that suggests they have been targeted on the basis of their religious affiliation. In the view of the Advisory Council, this raises serious issues regarding the enjoyment of the freedom of religion and belief by members of the Hare Krishna community in Kazakhstan."


The OSCE Advisory Council on Freedom of Religion or Belief


Recent steps against the Hare Krishnas and members of other religious communities indicate that the government of Kazakhstan, regrettably, is moving in the wrong direction with regard to respecting the universal right to freedom of religion or belief. This action against the Hare Krishna community is the latest in a series of developments over the past two years that signal a retreat from Kazakhstan's previously positive record of respect for the right to religious freedom."


The U.S. Commission on International Religious Freedom


"While President Nazarbayev's initiative to bring world religions together to promote tolerance is laudable, his government’s harsh treatment of small and independent groups displays a sad absence of tolerance. In short, I do not believe these actions befit a country that would be a leader of nations. I urge President Nazarbayev and the Government of Kazakhstan to end these practices, withdraw the court cases to seize the Hare Krishna’s land, and ensure that all individuals are compensated for their lost property."


The Hon. Christopher H. Smith, New Jersey


That this House, prior to the visit of the President of Kazakhstan, condemns the harassment of and discrimination against Hindu minorities in Kazakhstan… and further calls upon the President to order the Karasai District Hakimat to have all cases against the Kazakh Hindus withdrawn...and to stop harassment of Hindus in Kazakhstan."


The United Kingdom Parliament, Early Day Motion No. 140


Open Letter to Senator John McCain


Mendocino CA

March 28, 2007


Dear Senator McCain,


3-28-07


I am writing you to call your attention to the CONTINUED DIRE CIRCUMSTANCES CONCERNING THE CHEMICAL CONTAMINATION OF THE ENVIRONMENT.


THIS IS CONCERNING YOUR STATUS AS AN ARIZONA SENATOR AND 2008 PRESIDENTIAL CANDIDATE.


FROM FEBRUARY 12 ONWARD TO THE 20TH WATER AND OTHER CONSUMER GOODS IN STORES FROM LAKE HAVASU TO PARKER WERE CONTAMINATED.


I COULD NOT PURCHASE FOOD FROM A RESTAURANT NOR CLOTHING FROM A STORE. ALL MOTELS AND HOUSING WERE BEING SPRAYED.


THE SHERIFFS OF MOHAVE AND PIMA COUNTY SHOULD BE PROSECUTED. HOMELAND SECURITY SECRETARY CHERTOFF SHOULD BE CONTACTED AS WELL AS ATTORNEY GENERAL GONZALEZ.


The Colorado River and now the Sacramento area are seriously contaminated. One can not even use clean tap water at a public facility as restaurant or park.


The air in Parker Az and Earp Ca on 2-11-07 and 3-11-07 were the worst I have experienced in 20 years.


One would suffer minor chemical burns.


(The area of LAKE AND MENDOCINO ARE ALSO AFFECTED.)


I have no choice but to travel through Northern California. Besides the human cost,I would argue that Mendocino’s abalone fields and Sonoma's wineries will perish from their world class status.


I have attempted to wash my possessions of these chemicals and it is futile.


An interesting facet of this event is LAPD is attempting to portray me as gay bisexual.


THEY ARE THE MOST DAMAGING EVENT IN LGBT HISTORY.


THE COUNTRY HAS MARCHED OFF TO CULTURE WAR AS THE NAZIS DID TO THE JEWS.


I ARGUE NO VIOLENCE BUT CRIMINAL AND CIVIL PROCEDURES TO REMEDY THE SANITIZATION OF HISTORY.


WITHIN DAYS OF THESE EVENT ACTS AS A CHILD PUTTING HAND SANITIZER IN A LIBRARIAN'S BEVERAGE HOLDER AND THE EXPLODING OF CHLORINE BOMBS HAS OCCURRED IN BHAGDAD.


THE LAST TIME I LIVED IN MENDOCINO WAS JUST BEFORE 9-11 OCCURRED.


All of these events forces me to reconsider if your candidacy and others is legitimate or just the emergence of a PERFECT DICTATOR.


I urge you to take IMMEDIATE ACTION.


THIS IS REALITY.


Thank you for your consideration.


David Nollmeyer


http://powereality.net/


http://powereality.net/journals.htm


http://powereality.net/nollmeyer.htm


http://powereality.net/irrationalistpresidents.htm


http://powereality.net/strawman.htm


http://powereality.net/lapd.htm


http://powereality.net/delaware.htm


http://powereality.net/baltimorestudio.htm


http://powereality.net/rico.htm


Open Letter to Humboldt DA Gallegos


Garberville CA

April 7, 2007


Humboldt County District Attorney


4-04-07


I am writing you today to protest the systematic violation of my protected constitutional state rights.


I have entered Garberville at 3:55 pm 0n the 3rd of April. I was dropped adjacent to the Sherwood Motel. I walked the length Redwood Drive and proceeded west out of town.


The population is antisocial deindividuated mob.


There is a prima facie chemical assault ongoing in Humboldt County.


This level of intensity began on 2-12-07 in Earp CA Parker AZ.


The Colorado River was contaminated up to Laughlin NV.


I am in the process of complaining to the authorities.


Clear Lake is despoiled. A diver has perished of the Mendocino Coast near where I was camping.


The aerial spraying from autos will cause low grade chemical burns on the skin.


I am arguing that LAPD members as "Gay Militia" are acting out of jurisdiction under the guise of mutual aid.


I am a lifelong heterosexual who practices a Gaudiya Vaishnavism.


I do not do drugs, alcohol, or gamble.


This includes ganja or marijuana.


I am being framed as biker read as GANG MEMBER.


The most likely reference for this would past associates from high school who may or may not have joined the Pagan Gang of Kent County Delaware.


IF YOUR ARE NOT WILLING TO STAND UP TO THESE ELEMENT IS THIS COUNTY YOU SHOULD QUIT YOUR JOB.


PERSONS WHO FEEL EMPOWERED BY GANG AFFILIATIONS, DRUG DEALING OR WORKING WITH ROGUE ELEMENTS OF THE POLICE SHOULD BE CUT DOWN.


THE SLAMMING OF CAR DOORS AS A NEGATIVE REINFORCEMENT IS A GOOD EXAMPLE OF UNCONSTITUTIONAL BEHAVIOR.


TODAY IS THE ANNIVERSARY OF THE KILLING OF MARTIN LUTHER KING JR.


PLEASE READ THIS MEMO AS A COMPLAINT.


Thank your for consideration.


David Nollmeyer


http://powereality.net/


http://powereality.net/journals.htm


Open Letter to Secretary of State Rice


Garberville CA

April 19, 2007


Dear Secretary of State Rice,


4-19-07


I am writing you because I believe you have an interest in Human Rights.


The United States is violating both federal and international law in despoiling the environment.


As the lead diplomat for this country you should show more than deep concern for the duplicity in concrete actions in this country and this departments mission.


You by law are a sworn official and you loyalty should be to this nation's people not a circle of persons who are will not recognize real history.


The situation here in Northern CA is hard to believe. All flowing water is being despoiled. Please contact any authority possible.


FBI


4-19-07


The deterioration here in Redway CA on the Eel River has slightly improved. Actors realize that this small population center is also going to be damaged bilaterally as forces attempt to isolate me.


Unfortunately today is Hitler’s birthday and anniversary of the Columbine High School attacks.


4-17-07


The situation in Northern CA is untenable. Yesterday on the other side of the country 33 persons were killed. Yesterday was also my father John Albert Nollmeyer’s birthday now deceased.


I am writing to you out of deep concern due to the negligence/and or criminality in the contamination of the environment from 2-12-07 in Earp CA and Parker AZ.


The Colorado River was completely contaminated by an acidic mixture. This is no exaggeration.


By 2-21-07 I traveled through to Blythe CA and the Laughlin NV. The Colorado River was polluted.


From late February Sacramento was contaminated. I traveled north through Cache Creek. A deputy dropped me off at the Colusa County Line. The creek has been polluted and is ruined now.


Clear Lake was polluted to the touch. I traveled to Mendocino County. I camped out near Caspar Beach.


One day after I left a diver perished off the Mendocino headlands about three miles south of where I was. The Pacific Ocean was so polluted I would bath and still do without dunking my head.


The Eel River has been contaminated from 4-03-07 to my knowledge. I am now on such south Redway California.


THIS AGENCY IS DE FACTO OR CRIMINAL IN NOT INVESTIGATING AND PROSECUTING THESE EVENTS.


LAPD CA AND THE DELAWARE STATE POLICE SHOULD BE CONTACTED AFTER LOCAL SHERIFFS.


THANK YOU FOR YOUR CONSIDERATION.


DAVID NOLLMEYER


http://powereality.net/


Religious Persecution Stoning to Death


Flagstaff AZ

May 7, 2007


Internet video shows 17 year old Iraqi Kurd Du'a Khalil Aswad being stoned by a group of men until she dies, all because she fell in love with a boy of a different religion.


Baghdad, May 4: A 17 year old girl has been stoned to death in Iraq because she loved a teenage boy of the wrong religion.


As a horrifying video of the stoning went out on the Internet, the British arm of Amnesty International condemned the death of Du’a Khalil Aswad as "an abhorrent murder" and demanded that her killers be brought to justice.


Reports from Iraq said a local security force witnessed the incident, but did nothing to try to stop it. Now her boyfriend is in hiding in fear for his life.


Aswad, a member of a minority Kurdish religious group called Yezidi, was condemned to death as an "honour killing" by other men in her family and hardline religious leaders because of her relationship with the Sunni Muslim boy.


They said she had shamed herself and her family when she failed to return home one night. Some reports suggested she had converted to Islam to be closer to her boyfriend.


Aswad had taken shelter in the house of a Yezidi tribal leader in Bashika, a predominantly Kurdish town near the northern capital, Mosul.


A large crowd watched as eight or nine men stormed the house and dragged Aswad into the street. There they hurled stones at her for half an hour until she was dead. The stoning happened last month, but only came to light on Wednesday with the release of the Internet video. It is feared her death has triggered a retaliatory attack. Last week 23 Yezidi workmen were forced off a bus traveling from Mosulto Bashika by a group of Sunni gunmen and summarily shot dead.


An Amnesty International spokesman in London said they receive frequent reports of honour crimes from Iraq. Most victims are women and girls who are considered by male relatives to have shamed their families by immoral behaviour.


Daily Mail


Printed from www.mangalorean.com


Letter to United Nations on Jurisdiction


Flagstaff AZ

May 7, 2007


This is a return from the United Nations confirming that the correct jurisdiction is in the United States. This was originally received when I was in Holbrook AZ a few days earlier.


Dear Mr. Nollmeyer,


After careful consideration of the contents of your complaint, we sincerely regret having to inform you that the United Nations Office of the High Commissioner for Human Rights is not in a position to assist you in the matter you raise.


The Human Rights Committee cannot examine petitions alleging violations of the International Covenant on Civil and Political Rights (ICCPR) unless the State is also a party to the Optional Protocol (OP). The United States of America are not a State party to the Optional Protocol.


For information about the procedures for the examination of individual petitions on human rights violations, please consult our website:

www.ohchr.org, (direct link http://www.ohchr.org/english/about/publications/docs/fs7.htm). If you have difficulty accessing our website, please write to the OHCHR, Information Office PW-RS-011, 1211 Geneva 10, and ask for Human Rights Fact Sheets Nos. 7, 12, 15 and 17.


Yours sincerely,


The Petitions Unit


Open Letter To Hillary Clinton


Big Pine CA

June 12, 2007


Senator Clinton, I am writing you to request in the simplest of terms that you resign from your Senate seat and the 2008 Presidential Campaign. Since June 17, 2007, exactly the 200th anniversary of the United States Constitution de facto law enforcement have engaged in an open Systematic Human Rights Event.


I have been held under SEVERE ELECTRONIC SURVEILLANCE, CHEMICAL ASSAULT, HARASSMENT BASICALLY BY INFORMANTS WHO LAY IN WAIT AND SLAM DOORS, AND OTHER FORMS OF BEHAVIOR THAT HAVE A VERY HIGH PROPENSITY TO SPREAD DISEASE.


Another component of this abuse is GAY BAITING AND THE USE OF RED HERRING/STRAWMAN ARGUMENTS. I AM A LIFELONG HETEROSEXUAL WHO HAS NEVER ENGAGED IN ANY FORM OF LGBT BEHAVIOR.


There is a subcomponent of this operation ongoing named Radhanatha. There is no clean surface water in the Owens Valley in California. The watershed from Lake Mono downward is chemically contaminated and all products in stores have been sprayed by caustic chemicals.


Your overture of Universal Health Care are as fraudulent as the real history of your husband President Bill Clinton's eight years of presidency were.


The situation is so bogus that LAPD, the leader's will state that my uncle write my work. This is the culture of a de facto informant system purging other informants.


You call for immediate prosecution and then resign.


Thank you for your consideration.


David Nollmeyer


Big Pine CA 6-08-07


Born 8-03-1961


Roswell NM


Open Letter To President Bush


Big Pine CA

June 12, 2007


An Open Letter to President George W. Bush


President Bush, since your election in November of 2000, your range of leadership has been continuation of a Perfect Dictator. On June 17, 1987, the 200th anniversary of the United States Constitution, a de facto system of electronic surveillance, chemical assaults (scorched earth) and intimidation of opposition began with then President Reagan.


This event was lead by a cell of Gay Militant Officers of Los Angeles Police Department California. They have further escalated the chemical assaults from February 13, 2007 from Parker, Arizona and Earp, California to chemical contaminate ALL SURFACE WATER AS RIVERS AND LAKES.


THIS WILL ALSO INCLUDE ALL TAP WATER IN BUILDING IF I ATTEMPT TO ENTER.


Your incompetence on issue as Human Rights has lead to a clear deterioration in your administration, the Republican Party, and the demonization of neo conservatism. The jurisprudence by Alberto Gonzales has such facing a vote of no confidence. Abuses at Abu Grahib, Guantanamo Bay, and Special Renditions have appalled Religious conservatives as well as human rights groups.


Simply substituting corrupt and incompetent members of your staff will not shield you historically and possible criminally.


Today in the Republican Party Scooter Libby awaits sentencing, Rep. Cunningham and Ney are in prison. Tom Delay awaits trial. Rep Jerry Lewis, who is my representative has already spent $1 million dollars for lawyers in the Abramhoff investigation.


I am requesting that you end your charade as a Legal Leader and submit your self and record for prosecution. This statement applies equally well to your father President George H. W. Bush and President Clinton.


David Nollmeyer


6-01-07


Big Pine CA


Human Rights Watch Assails Gonzales


Big Pine CA

June 12, 2007


Open Letter to Attorney General Alberto Gonzales


Alberto Gonzales


Attorney General of the United States


U.S. Department of Justice


950 Pennsylvania Ave., N.W.


Washington, D.C. 20530-0001


April 5, 2006


Attorney General Gonzales:


The 2006 Defense Authorization Act, passed by Congress in January 2006, contains new provisions clarifying that all individuals acting under the color of U.S. law categorically are prohibited from engaging in or authorizing cruel, inhuman and degrading treatment of detainees in U.S. custody. These provisions were passed by Congress to rectify lack of clarity in regard to detention and interrogation techniques, and to prevent conduct that is prohibited by international law and illegal under domestic criminal law.


We are now writing to urge you to issue a clear public statement about specific legal standards applicable to detention and interrogation of detainees overseas, under this legislation and other existing laws. Such a statement is necessary because, notwithstanding the 2006 Defense Authorization Act, you and other administration officials have not yet made clear statements about the specific legal standards applicable to the detention and interrogation of detainees in U.S. custody overseas. We are concerned that this lack of clarity continues to lead to confusion about the legality of specific interrogation techniques.


We are particularly concerned about your continuing failure to issue clear statements about illegal interrogation techniques, and especially your failure to state that "waterboarding" a technique that induces the effects of being killed by drowning constitutes torture, and thus is illegal. We urge you to make such a statement now.


The Convention Against Torture prohibits practices that constitute the intentional infliction of "severe pain or suffering, whether physical or mental." The federal torture statute, 18 U.S.C. § 2340A, similarly prohibits acts outside the United States that are specifically intended to cause "severe physical or mental pain or suffering."


Waterboarding is torture. It causes severe physical suffering in the form of reflexive choking, gagging, and the feeling of suffocation. It may cause severe pain in some cases. If uninterrupted, waterboarding will cause death by suffocation. It is also foreseeable that waterboarding, by producing an experience of drowning, will cause severe mental pain and suffering. The technique is a form of mock execution by suffocation with water. The process incapacitates the victim from drawing breath, and causes panic, distress, and terror of imminent death. Many victims of waterboarding suffer prolonged mental harm for years and even decades afterward.


Waterboarding, when used against people captured in the context of war, may also amount to a war crime as defined under the federal war crimes statute 18 U.S.C. § 2441, which criminalizes grave breaches of the Geneva Conventions (in international armed conflicts), and violations of Article 3 common to the four Geneva Conventions (in non international armed conflicts). Waterboarding is also an assault, and thus violates the federal assault statute, 18 U.S.C. § 113, when it occurs in the "special maritime and territorial jurisdiction of the United States," a jurisdictional area which ncludes government installations overseas. In cases involving the U.S. armed forces, waterboarding also amounts to assault, and cruelty and maltreatment under the Uniform Code of Military Justice.


Under the laws of the land, U.S. personnel who order or take part in waterboarding are committing criminal acts torture, assault, and war crimes which are punishable as felony offenses. The Department of Justice should clarify this to all U.S. personnel, and prosecute violations of the law.


We have no doubt that if a captured American were subjected to waterboarding, the U.S. government would condemn this as torture and demand or seek prosecution.


We also urge you to clarify the legality of other abusive interrogation techniques, such as subjection to extreme temperatures, forced standing, binding in stress positions, and severe sleep deprivation. These techniques, like waterboarding, cause physical and mental suffering and are illegal under domestic and international law. At minimum, these techniques amount to cruel, inhuman, or degrading treatment, categorically prohibited under the 2006 Defense Authorization Act; and they violate U.S. obligations under international human rights and humanitarian laws, including the Convention Against Torture and the Geneva Conventions. Depending on how they are used, these and other abusive techniques can amount to torture, potentially prosecutable under the U.S. torture and war crimes statutes. The U.S. State Department has condemned numerous other countries for utilizing these techniques, in many cases stating that the techniques amount to torture.


As the Attorney General, you have the responsibility to speak clearly on matters of the legal standards for detention and interrogation of prisoners, and as the executive branch's chief legal officer, you are obliged to enforce U.S. laws.


Moreover, you owe it to U.S. military and security personnel, including those who authorize and conduct interrogations, to specify accurately that the techniques described above are not legal. This is vitally important because personnel who rely on advice to the contrary place themselves in legal peril.


We sincerely hope that you will uphold the legal standards discussed above, and make efforts to articulate them clearly and publicly.


Signed,


Richard Abel, UCLA School of Law


Bruce Ackerman, Yale University


Catherine Adcock Admay, Duke University


Madelaine Adelman, Arizona State University


Jose E. Alvarez, Columbia Law School (former attorney adviser, Department of State)


Paul Amar, University of California Santa Barbara


Fran Ansley, University of Tennessee College of Law


Michael Avery, Suffolk Law School


Amy Bartholomew, Carleton University


Katherine Beckett, University of Washington


George Bisharat, Hastings College of the Law


Christopher L. Blakesley, William S. Boyd School of Law UNLV


Gary Blasi, Professor of Law, UCLA School of Law


John Charles Boger, University of North Carolina Chapel Hill


David Bowker, adjunct, Cardozo Law School (former attorney adviser, Department of State)


Alice C. Briggs, Franklin Pierce Law Center


John Brigham, University of Massachusetts, Amherst


Peter Brooks, University of Virginia


Rosa Brooks, University of Virginia


William T. Burke, University of Washington School of Law


William Burke White, University of Pennsylvania School of Law


Kitty Calavita, University of California Irvine


Henry (Chip) Carey, Georgia State University


Anupam Chander, University of California Davis


Oscar G. Chase, New York University Law School


Kathleen Clark, Washington University


Cornell W. Clayton, Washington State University


Marjorie Cohn, Thomas Jefferson School of Law


David Cole, Georgetown University Law Center


John Comaroff, University of Chicago


Michael Comiskey, Pennsylvania State University


Marianne Constable, University of California Berkeley


Don Crowley, University of Idaho


Scott Cummings, UCLA School of Law


Eve Darian Smith, University of Massachusetts Amherst


Benjamin Davis, University of Toledo College of Law


Stephen F. Diamond, Santa Clara University School of Law


Hilal Elver, University of California Santa Barbara


Richard Falk, Princeton University and University of California Santa Barbara


Thomas G. Field, Jr. Franklin Pierce Law Center


Gregory H. Fox, Wayne State University Law School


Lawrence M. Friedman, Stanford University


Michael Froomkin, University of Miami School of Law


David R. Ginsburg, UCLA School of Law


Angelina Snodgrass Godoy, University of Washington


Leslie F. Goldstein, University of Delaware


Kenneth W. Graham, Jr., UCLA Law School


David Greenberg, New York University


Lisa Hajjar, University of California Santa Barbara


Joel F. Handler, UCLA School of Law


Hendrik Hartog, Princeton University


Lynne Henderson, University of Nevada Las Vegas


William O. Hennessey, Franklin Pierce Law Center


Richard A. Hesse, Franklin Pierce Law Center


Elisabeth Hilbink, University of Minnesota


Jennifer L. Hochschild, Harvard University


Scott Horton, Adjunct, Columbia Law School


Derek Jinks, University of Texas School of Law


Jerry Kang, UCLA School of Law


Lisa A. Kelly, University of Washington School of Law


Heinz Klug, University of Wisconsin


Itzchak E. Kornfeld, Drexel University


Ariana R. Levinson, UCLA School of Law


Sanford Levinson, University of Texas Law School


Robert Justin Lipkin, Widener University School of Law


Lynn M. LoPucki, UCLA School of Law


David Luban, Georgetown University Law Center


Deborah Maranville, University of Washington School of Law


Ann Elizabeth Mayer, University of Pennsylvania


Jamie Mayerfeld, University of Washington


Joel Migdal, University of Washington


Martha Minow, Harvard Law School


William W. Monning, Monterrey College of Law


Kathleen M. Moore, University of California Santa Barbara


Forrest S. Mosten, UCLA School of Law


Ken Mott, Gettysburg College


Stephen R. Munzer, UCLA School of Law


Jyoti Nanda, UCLA School of Law


Smita Narula, New York University School of Law


Julie Novkov, University of Oregon


Frances Olsen, UCLA School of Law


John Orcutt, Franklin Pierce Law Center


Arzoo Osanloo, University of Washington


Jordan J. Paust, University of Houston


William P. Quigley, Loyola University, New Orleans


Christopher J. Peters, Wayne State University Law School


Judith Resnik, Yale Law School


Sandra L. Rierson, Thomas Jefferson School of Law


Brad R. Roth, Wayne State University


Gary Rowe, UCLA School of Law


Austin Sarat, Amherst College


Margaret L. Satterthwaite, New York University School of Law


Stuart A. Scheingold, University of Washington


Kim Lane Scheppele, Woodrow Wilson School and Princeton University


Benjamin N. Schiff, Oberlin College


David Schultz, Hamline University


Robert A. Sedler, Wayne State University


Barry Shanks, Franklin Pierce Law Center


Anne Marie Slaughter, Dean, Woodrow Wilson School, Princeton University


Charles Anthony Smith, University of Miami


Eunice Son, UCLA School of Law


Susan Sterett, University of Denver


Jacqueline Stevens, University of California Santa Barbara


Katherine Stone, UCLA School of Law


Steven Tauber, University of South Florida


Samuel. C. Thompson, Jr, UCLA School of Law


Beth Van Schaack, Santa Clara University School of Law


Andrew Strauss, Widener University School of Law


Stephen I. Vladeck, University of Miami School of Law


Richard Weisberg, Cardozo Law School


Deborah M. Weissman, University of North Carolina School of Law


Burns H. Weston, University of Iowa and Vermont Law School


Adam Winkler, UCLA School of Law


Maryann Zavez, Vermont Law School


Richard O. Zerbe Jr., University of Washington


http://hrw.org/english/docs/2006/04/06/usdom13130.htm


The Retirement of The Fly


Big Pine CA

June 12, 2007


The retirement of The Fly will have an impact on American and World History for lifetimes. It will take a Marshall Plan to recover and pay the costs of his activities. The authorities as the president, governors, judges, and police chiefs are to numerous to cite that are negligent.


In his megalomania The Fly believed that he could lead an attack on President Reagan and create a LGBT victim figure of myself while aiding the LGBT movement.


The Fly clearly is the most damaging figure in LGBT history and surely law enforcement. The Fly basically wished to recruit gay militants.


All my writing is in opposition to such. In The Machinery of Torture these persons have played a strong role and may end up as scapegoats. At the present many persons are undereducated and of low social status to begin.


If one adds substance abuse, petty crime, and obesity, you have a culture of failure. Are all the informants LGBT? No but they are more proximate in behavior to The Fly.


One has to consider the impact of systematic institutionalization of torture. The groundwork of this mission was not small in size or time of preparation. The 1930s have been mentioned as a point of origination at Cambridge Law School, UK.


The situation is clearly worse than perceivable. I am beginning to email more assertively as this event has substantive amounts of facts to place my name in the record.


At the state level California, Delaware, and Maryland are first with Arizona and Nevada next.


Kazakh Authorities Demolish Properties


Big Pine CA

June, 2007


By BB Govinda Swami


Karasai District Authorities Destroy Another 12 Houses in Hare Krishna Community


On the morning of June 15, 2007, authorities of the Karasai District demolished another 12 houses of the followers of the Society for Krishna Consciousness.


The court executors were accompanied by one bus of policemen and one bus of laborers, an ambulance, the fire squad, and two earth excavators. The group arrived at the community at 7 AM. The police blocked all entrances to the community.


The timing of this "operation" was chosen to exclude the presence of reporters and persons from international and human rights organizations. However, Ninel Fokina, Director of the Almaty Helsinki Committee was informed and issued an emergency appeal to the Permanent Mission of the Republic of Kazakhstan to OSCE and to the Kazakh Foreign Minister M. Tazhin. The attempt to find out who was in charge of the operation and to see any documents were unsuccessful. However two leaders of the demolition squad were identified as the senior court executor of the Karasai district, A. Baichapanov, and executor S. Baimukhanov.


Several minutes after the beginning of the operation the Hakim of Zhetysu village, B.S. Akhmettayev, appeared on the spot. Immaculately dressed in a business suit, with a sledgehammer in hands, he was resolutely walked toward the demolition site. However, when he noticed that he was being photographed, the Hakim immediately threw his sledgehammer to the bushes.


The Hakim, Akhmettayev, categorically refused to speak with the reporters and introduced himself as a worker.


The demolition of the homes began simultaneously in different areas of the summer colony. While the earth excavators were demolishing houses in one part of the village, workers destroyed the houses with sledgehammers and crowbars in another part. The earth excavators completed the work by leveling the houses with the ground.


The owners of some homes were absent as they had not been informed of the demolition. Their belongings were left lying on the street.


The demolition was performed with lightning speed. By 10 AM everything was finished. 12 houses of the faithful were completely destroyed.


All of the hearings regarding these cases were conducted without informing the owners of the court sessions. Thus, none of the owners had the chance to defend their case. After the first instance was lost, the court executives did not present the rulings to the members until after the period to appeal had expired. Thus the process of appeal to the second instance court could not be followed.


The members of Society for Krishna Consciousness are gravely concerned that their temple will be destroyed next.


On June 5, 2007, the Society received orders from the Karasai District Hakim B. Kutpanov to demolish all buildings at the farm, including the temple.


Kutpanov stated that if the faithful did not destroy their houses in 10 days that it would be done by force. The term expired on June 15 and thus the thus the faithful are fearful the farm buildings, including the temple, would also be demolished.


The temple remains under the threat of destruction. The temple, the cowshed and other buildings on the territory of the community may be destroyed at any moment.


Press service of RO Society for Krishna Consciousness in Kazakhstan tel. +7 3272 969719, mobile tel. +7 701 7407943 Email: info@kazakhkrishna.com


See pictures of the events of June 15:


http://www.kazakhkrishna.com/en-fotoarchive/


Visit www.kazakhkrishna.com to see the tragedy of the Hare Krishna community in Kazakhstan.


Video in English: http://www.kazakhkrishna.com/en-video/4.html


Video in Russian:http://www.kazakhkrishna.com/ru-video/3.html



Open Letter to Hillary Clinton


Big Pine CA

September 3, 2007


Senator Clinton in comments made in Portsmouth, NH stated that one of her goals as president was to "work within the system"; and the other was not act like such does not exist. The system in question is the Constitution. Clinton is clearly signaling that she wishes to continue the White Lie begun by Reagan, continued by both Bush and her husband, and now highly escalated by President Bush.


The totalitarian isolation of myself clearly also is a successful attack on citizenship and the substantiative rights actually contained the Bill of Rights. Number 8 clearly states that "There shall be no cruel and unusual treatment."


There is no rational manner to explain President Bush's misgivings or condone hers.


By using severe electronic surveillance, chemical assault, and arranging for the average person to harass me, this country is no more than clamoring for the tyrant.


Hillary Clinton and her propaganda machinery headed by Doctor Howard Dean, have to reexamine their push for Universal Health Care. Is this because by abusing the Constitutional Rights of everyone they will be so sick and congenitively injured the government will have no remedy but free health services?


Is Senator Clinton a legitimate candidate or a wolf in sheep's clothing?


Al Gore is now High Priest of the environmental movement. I don't believe that any participants in this cult have thought it prudent to question his activities in the destruction of the environment.


I am in Big Pine CA. There is no uncontaminated surface water. The Owens River is completely contaminated. The wheat field behind me is contaminated from the water.


The Environment and Sustainability


Big Pine CA

September 17, 2007


As living entities we are open systems to the environment. We must take inputs as air, food, and water and subsequently leave byproducts as carbon dioxide and other waste. The human culture is escalating a hedonistic calculus which is the benefit cost ratio. Any consideration of a sustainable equilibrium is disregarded for the obtainment of immediate pleasure.


This culture is a poor support for using a war by other means approach as contaminating the environment to degrade the quality of life so a more conventional war could not be fought. Also vulnerable at a lower level is sustainable economy.


Polluting water supplies eliminates an element essential to all life. Our surface water supplies as drinking water are easily plundered as is seen here in the Eastern High Sierras and the Colorado River Valley. Millions of persons depend on groundwater, lakes, rivers, and streams to drink and farm. There is also the industrial consideration to be deliberated.


If these resources are contaminated there is no homeland security only a mockery of justice and tyranny.


Any culture begins at the individual level. Yes it would be very difficult to discern who smoked the first cigarette and radiated the behavior. What is discernible is that there are sworn officials who are capacitated to ensure that our environment is clean and safe.


In the United States the environment front is a sham with the concrete living space the unequivocal truth. I believe in global warming spending much of my summers in the high desert where 100+ degree days are normative and increasing. None of the last four presidential administrations have produced any legitimate effort in the face of widespread environmental despoliation.


President Bush and his three predecessors have to legally taken to the task Alan Greenspan has written a book critical about economics and war. War for profit is piracy. The economic paradigm is part of Strategic Security but also reflects the moral degradation of economics over philosophy.


Has any economist calculated the damage from manufacturing polluted goods? Selling such to the Chinese only begs retaliation. The damage to United States prestige and corporate history has collapsed into a strongman maker taker posture.


We are poor stewards of our environment and the rights that protect our living space as well as ourselves. We are bankrupting the future as an informant nation.


The charlatan posturing of the 2008 Presidential Candidates only focuses and highlights the oligopolistic collusion of a Perfect Dictator.


Supra Irrationality


Big Pine CA

October 2, 2007


Bhakta David Nollmeyer


Supra Irrationality or Irrationalism is an emergent subject pertaining to the philosophical orientation or psychological equilibrium of individual and collective actors at the international, national, and local levels. There is a direct but inverse relationship to Super Rationality which is a game theory Prisoner's Dilemma approach. Here two supra rationality players by logic and reason will choose to cooperate exactly to the betterment of each.


Supra Irrationality will give demonstrable explanations to acts that appear to be fragmented and disjointed. Here there is usually a dissymmetry of information and power and control. One actor wishes to further one's benefit usually by deception, force, and or coercion. This is also true for the punishment or degradation of another player. The concept of under the color of law is invoked. Usually there is some predetermined plan or goal that is wished to be implemented. Herein the use of the word supra is clarified. There is usually an external system that is irrational that is dictating this mode of consciousness to a subordinate dependent party. If it is an individual or group the fatalistic higher party is invented or has ceased operating and the fatalistic dependent relationship continued to justify psychic content and activities.


The concept of Higher Structural Levels of Cognition and the Culture of Impunity have to be considered.


At all levels of a system or hierarchy the following are true.


In Prisoner's Dilemma Supra Irrationality is never optimal.


In this approach two or more players always choose defect. As in simple Prisoner's Dilemma the prosecutor will always use betrayal against two other players. Here is where the Supra Irrationality has it's decisive distinction the principle of the descending operation is wrong, immoral, or illegal.


In a phenomenological perspective of an individual player it may be marginal in the short run.


The belief is that continued defection will yield the greatest benefit.


The direct implication here is of morality, leadership, the color of authority, and the setting especially of where one system is attempting to transform another to it's interest. The theories of deontology and consequentialism are in conflict. Supra Irrationalism has a marginal advantage to occur in benefit cost ratio where an individual or minority can be sacrificed for the majority or whole. This is an opening that irrationalist actors would seek to exploit. Conversely antinomianism or lawless in the name of God is also a probability. This will have direct impact on theories of war, genocide, and international relations.


In a simple truth table if in a hierarchical set of ten elements in column p as true and b false; it is possible for a controller to engage two subordinate players in Prisoner's Dilemma to choose all ten b or false choices. This would invert the system. It is possible that if there were ten players one as the controller would be wishing to implicate a status quo in a hierarchy.


There is a direct implication here in eternal law with revisionist philosophy or state or police control over philosophy.


The tradition of Tibetan Buddhism is for the Dalai Lama and astrologers to ascertain the next leader from those qualified candidates wishing to reincarnate. The youth picked by the present Dalai Lama has disappeared. The Chinese government through it's astrological selection has begun picking the next Dalai Lama.


The Hare Krishna Movement in the particularity of ISKCON has experienced heavy entrapment from the police with nine of the eleven diksa gurus originally authorized haven fell. One Kirtanananda Maharaja pleaded guilty to RICO related charges and served about seven years in prison while rejecting allegations in a devotee murder.


Kirtanananda Maharaja had lead a syncretist breakaway movement where sannyasis wore Franciscan robes and were called abbots in New Vrndavana West Virginia.


Ramesvara Maharaja was the guru in Los Angeles, California and was removed for having illicit relations with a minor. A guru war was the setting for this intervention.


This has an implication here in RICO prosecutions and claims of illegal entrapment. There is also the legal question of handing off cases to other officials whom do not know if something illegal has occurred.


A child molester who has violated a youth will create an array of illogic as to why the youth must be murdered. The youth in many instances is the only direct witness. In lieu of this an hierarchy of extortive threats to their life, family, friends, or pets often follows.


The classic stoning or the story of The Lottery clearly illustrates the concept of Supra Irrationality as it attempts to transform, systematize, and institutionalize a process and structure.


The simple story of The Lottery or a Stoning provides as excellent model as to how Supra Irrationality attempts to organize agents and thinking in a system and controls such. Here formal fallacies of reason as the converse and reverse converse accident unfold.


Number 4 picks up a stone and threatens Number 3 in that he must pick up a stone and threaten Number 2. Number 3 agrees and Number 2 is approached. Number 4 and 3 now approach Number 2 and threaten such that he must approach Number 1. Number 3's argument is that he must or Number 4 will stone him. Number 1 is approached and threatened. He attempts to stone Number 4 and is killed by Number 4, 3, and 2.


Here in a basic format we observe a circular folly of under the color of law or authority. There are also Racketeered Influenced Behaviors as intimidation of a witness, extortion, blackmail, hostaging, and murder that can be introduced.


Works Consulted


http://en.wikipedia.org/wiki/Consequentialism


http://en.wikipedia.org/wiki/Deontology


http://en.wikipedia.org/wiki/Nash_equilibrium


http://en.wikipedia.org/wiki/Prisoners_dilemma


http://en.wikipedia.org/wiki/Superrationality


An Open Letter To Fred Thompson


Big Pine CA

October 10, 2007


Open Letter To Fred Thompson


The Republican Debate two days previous that was also the official entry for participation by Fred Thompson only demonstrates the corrupt nature of both International and American political culture.


The United States is undergoing catastrophic environmental despoliation. This is most severe in Inyo Mono Counties of CA, along the AZ CA border region of the Colorado River, and the entire coast from Oregon to at least Los Angeles.


I am a foil for this breach of Homeland Security which is being carried out by LAPD. This unit is collapsing with a Gay Militia that wishes to isolate and destroy the environment. I am a social conservative who advocates traditional heterosexual marriage. The original target appears to be Ronald Reagan.


Fred Thompson's appearance contrary to conventional media punditry, reveals that he like the other candidates are consistently abusing power to institutionalize the concrete destruction of natural persons and the environment.


For a sworn official Fred Thompson does not appear in the least to be concerned with upholding the Constitution.


America has been clamoring for tyranny. The human rights community and spiritual missions too, are content to be externalizing economic concerns over substantiative moral and economic concerns which are necessities not luxuries.


Soon perhaps before it is too late someone or a group may emerge to restore order.


This someone or group is not Fred Thompson or the 2008 Candidates.


Nobel Prize for Al Gore: Collusion in Historical Sanitization


Cambria CA

October 24, 2007


The awarding of a Nobel Peace Prize to Albert Gore and the Intergovernmental Panel on Climate Change (IPCC), headed by Indian scientist Dr RK Pachauri is collusion in the sanitization of history.


Albert Gore was Vice President over of one thumping eras in American and World History from 1993 to early 2001. During this tine period I was and still am held under conditions of chemical assault and scorched earth. In 1992 I was living in San Diego, California which is now undergoing fierce Santa Ana winds and catastrophic wildfires.


The air at every night was contaminated with numerous chemicals including acids.


To perpetuate his fictitious life as an environmentalist one can not the following from his official website. The text in question is the new offering by Al Gore.


The Assault on Reason


A visionary analysis of how the politics of fear, secrecy, cronyism, and blind faith has combined with the degradation of the public sphere to create an environment dangerously hostile to reason.


http://www.algore.com/index2.html


Mr. Gore in acknowledging his award stated:


I am deeply honored to receive the Nobel Peace Prize. This award is even more meaningful because I have the honor of sharing it with the Intergovernmental Panel on Climate Change, the world's pre eminent scientific body devoted to improving our understanding of the climate crisis, a group whose members have worked tirelessly and selflessly for many years. We face a true planetary emergency. The climate crisis is not a political issue, it is a moral and spiritual challenge to all of humanity. It is also our greatest opportunity to lift global consciousness to a higher level.


http://www.hindustantimes.com/

Below is an example of political theater and the Trojan Horse Syndrome of using environmentalism to front a platform of various issues which are externalities. Should these speakers be regarded as objective authorities free from An Assault On Reason as Gore now claims.


The following small selection is only part of the co option of environmentalists themselves to weaken living space to totalitarian forces which use externalities like the environment to marginalize or even kill off populations.


Al Gore is truly a leading figure in Convergent Totalitarianism and Fatalism and Dependency rather than world leadership. Concrete history refutes his Academy Award and Nobel Prize. Both The Academy that gives out awards for film and the Nobel Peace Prize should be taken to task for cowardliness and cronyism, not for advancing Peace.


Judge Michael Mukasey Should Not Be Attorney General


Cambria CA

November 3, 2007


What appeared to be a less than acrimonious vetting for United States Attorney General became heated when the Bush nominee was questioned regarding torture and specifically waterboarding. This tactic comprises of inversion of the detainee and pretending to insert one's head into a bucket of water to extract information during interrogation. I find the ticking time bomb scenario poor support or backing for torture.


Here in Cambria, California while this theatre goes on in Washington DC there is a huge problem with the culture of impunity and looking the other way while acts of harassment are committed with police and authorities looking the other way. If one would stick one's hand in Santa Ynez Creek that runs through the village it would burn one's hand. All the food in stores is likewise contaminated. President Bush Attorney General Gonzalez et al. inclusive of the Democrat Senators Feinstein and Boxer have recognized the abuse here which is concrete not a future scenario.


Senator Feinstein is on the Judiciary Committee and has stated she supports Judge Mukasey. This is an act of folly that will be part of the folly of errors that will haunt the inheritance of this country and the world.


Sociopaths Lack Guardian Angel


Cambria CA

November 8, 2007


Kathleen Fackelmann


Leading nativistic criminologist Adrian Raine of University of Pennsylvania after analyzing research on 1400 persons stated that killers and antisocial people are more likely to have abnormalities in the prefrontal cortex. This location in forehead is involved in making moral decisions.


"The prefrontal cortex is like the guardian angel of behavior," stated Raine.


Guido Frank, a University of Colorado Denver researcher argues that after analysis of brain scans of aggressive teenage males that abnormalities in the amygdala may also be prevalent.


These preliminary findings according to Raine are the strongest to link abnormalities in the brain to violent behavior. Raine also states that proving brain damage that predisposes one to violence may not be excusable in court.


Raine stated, "We must protect society."


State Sponsored Terror and Single Issue Group


Cambria CA

November 12, 2007


The concept of a Single Issue Terror Group is becoming a disturbing concept that is focusing in a constraining but positive manner my opposition to the ongoing attack in the United States. LAPD are avenging LGBT History and are ill equipped to perform any positive activities other than destroy the United States. Both public and civilian populations are informant based and complicit. A scapegoating purge will most likely attempt to wash the hands of dead presidents as Ronald Reagan. Due to time and logistic constraints the following is edited from:


A Military Guide to Terrorism in the Twenty First Century 15 August 2005


Motivation Categories


Motivation categories describe terrorist groups in terms of their ultimate goals or objectives. While political or religious ideologies will determine the how of the conflict, and the sort of society that will arise from a successful conclusion, motivation is the what what the endstate or measure of success is.


Social


Often particular social policies or issues will be so contentious that they will incite extremist behavior and terrorism. Frequently this is referred to as single issue or special interest terrorism. Some issues that have produced terrorist activities in the United States and other countries are:


Animal rights


Abortion


Ecology environment


Minority rights


Networked Structure


Terrorists are now increasingly part of far more indistinct and broader system of networks than previously experienced. Groups based on religious or single issue motives lack a specific political or nationalistic agenda; they therefore have less need for a hierarchical structure to coordinate the achievement of their goals. Instead, they can depend and even thrive on loose affiliation with like minded groups or individuals from a variety of locations. General goals and targets are announced, and individuals or cells are expected to use flexibility and initiative to conduct the necessary action.


Basic Concepts


Networks consist of nodes. A node may be an individual, a cell, another networked organization, or a hierarchical organization. They may also consist of parts of other organizations, even governments, which are acting in ways that can be exploited to achieve the network's organizational goals.


The effectiveness of a networked organization is dependent on several things. The network achieves longterm organizational effectiveness when the nodes share a unifying ideology, common goals or mutual interests. When there is failure to accept the overall goals of the organization, pieces of the network will drop out. This is less catastrophic than a splintering within a hierarchical group.


Another difficulty for network organizations not sharing a unifying ideology is that nodes can pursue objectives or take actions that do not meet the goals of the organization, or are actually counterproductive. In this instance, the independence of nodes fails to develop synergy between their activities or contribute to common objectives.


Networks distribute the responsibility for operations, and provide redundancies for key functions. The various cells need not contact or coordinate with other cells except for those essential to a particular operation or function. The avoidance of unnecessary coordination or command approval for action provides deniability to the leadership and enhances operational security.


Networks are not necessarily dependent on the latest information technology for their effect. The organizational structure and the flow of information inside the organization are the defining aspects of networks. While information technology can make networks more effective, low tech means such as couriers and landline telephones can enable networks to operate effectively in certain circumstances.


Hub or Star and Wheel


Nodes communicate with one central node. The central node need not be the leader or decision maker for the network. A variation of the hub is a wheel design where the outer nodes communicate with one or two other outer nodes in addition to the hub. A wheel configuration is a common feature of a financial or economic network.


Government Affiliation Categories


Categorizing terrorist groups by their affiliation with governments provides indications of their means for intelligence, operations, and access to types of weapons. U.S. joint doctrine identifies three affiliations: non state supported, state supported, and state directed terrorist groups.


Non state supported. These are terrorist groups that operate autonomously, receiving no significant support from any government.


State supported. These are groups that generally operate independently but receive support from one or more governments.


State directed. These groups operate as an agent of a government and receive substantial intelligence, logistic, and operational support from the sponsoring government.


Secret Executions in Nigeria


Cambria CA

December 26, 2007


December 17, 2007


Amnesty International has revealed that secret executions have taken place in Nigeria's prisons.


Despite the country’s recent assurances that no one has been executed there in years, Amnesty International has uncovered evidence of at least seven executions in the last two years. It is feared that more may have taken place.


All those executed were hanged. They were all convicted in a Kano state court and their death warrants were signed by the current Kano state governor, Malam Ibrahim Shekarau.


Kenneth Ekhone and Auwalu Musa were executed on 30 May 2006, after being convicted by a Robbery and Firearms Tribunal. They did not have lawyers throughout the proceedings, nor were they given an opportunity to appeal against the judgments. Until his death, Auwalu Musa denied he had anything to do with the crime.


On 15 November 2007, a Nigerian government representative at the UN spoke about the death penalty in Nigeria. He stated: "Punishment only comes after exhaustive legal and judicial processes, including recourse to the supreme court of the land… It is thus on record that we have not carried out any capital punishment in recent years in Nigeria."


Approximately 700 prisoners are estimated to be on death row in Nigeria. More than 200 inmates have been on death row for over ten years, some for over 25 years. Until now, it had been widely assumed that no executions had taken place since 2002.


The Nigerian government has been misleading the international community about the taking of human life. It must now come clean on it's death penalty record.


Amnesty International calls for an immediate moratorium on all executions in Nigeria.


http://www.amnesty.org/en/news-and-updates/news/world-misled-executions-nigeria-20071217





2008 Archives


The Failure of Leadership


Cambria CA

January 17, 2008


The new year in part will focus in part for legal and historical accountability from the so called leadership. The culture and legal organs of the state have institutionalized damage which the future will have to bear. The 2008 Presidential Candidates are histories worst. President Bush has been targeted and has condoned the worst act of totalitarianism.


Here in San Luis Obispo it is a comedy of incompetence as the Gay Militia of LAPD attempts to build a LBGT showcase through terror. The worst accurate legal and historical record is being created.


The monetary damage here will be extreme as.


The attempt to use Manjari Bhava which is a spiritual rasa or emotion in Gaudiya Vaishnavism as equivalent to homosexuality is the best example of exploitation and ignorance. There has been an attack on vegetarianism which is integral to an spiritual Vedic claim. Traditional Gaudiya Vaishnavism argues a celibate heterosexual priesthood, no gambling, alcohol, or drug use as smoking any form of marijuana.


I pertain to a conservative line of teaching and will oppose such in my legal will, directives, and estate to support the traditional heterosexual interpretation of the Vedas which I do follow.


In panorama Christians have been attacked in Orissa which is a Gaudiya Vaishnava stronghold. The United States is incompetent for attempting to sanitize their state sponsored violence.


Existentialism and Human Rights Abuse


Cambria CA

February 2, 2008


Every isolated individual and group undergoes a soul searching exercise for truth as to why their situation is not being recognized or that no one individually or collectively has done anything of substance to remedy the situation.


Currently I waste much time in this psychological workout. My recurring conclusion is that Man as a species, homo sapiens does not have the repertoire innately accessible to adapt and solve these contingencies in the environment.


Can socialization eventually reclaim the loss from nature? Perhaps education and a culture of excellence is possible but not likely. It appears that an in continuo degradation of humankind is more likely the offering of a future outcome.


Super Tuesday is next week and I have been musing that the New Republican Paradigm will result in the nominee proclaiming that God is Dead. Fiscal Conservatism has killed God.


I come from a Vedic World View. If the children die before the parents than the king or government is no good. Over 50 million individuals have been destroyed under abortion in the United States.


I do no see any encouragement from the Democrats prima facie.


Human Trafficking in America


Cambria CA

March 7, 2008


United States of America


To report an instance of suspected trafficking, please call the HOTLINE: 1.888.3737.888


2007 U.S. Department of State Trafficking in Persons Report


Attorney General's Annual Report to Congress on U.S. Government Activities to Combat Trafficking in Persons Fiscal Year 2006 (May 2007)


2006 US Department of State Human Rights Report (Released March 2007) Includes reporting on human trafficking


Assessment of U.S. Government Efforts to Combat Trafficking in Persons September 2006 (Multi Department Report)


Report on Activities to Combat Human Trafficking: Fiscal Years 2001 2005 (Department of Justice)


The United States of America is principally a transit and destination country for trafficking in persons. It is estimated that 14,500 to 17,500 people, primarily women and children, are trafficked to the U.S. annually. 1 The U.S. Government is strongly committed to combating trafficking in persons at home and abroad. The Trafficking Victims Protection Act of 2000, enhances pre existing criminal penalties, affords new protections to trafficking victims and makes available certain benefits and services to victims of severe forms of trafficking. It also establishes a Cabinet level federal interagency task force and establishes a federal program to provide services to trafficking victims. The U.S. Government recognizes the need to sustain and further enhance efforts in order to achieve the goals and objectives of the Act.


The U.S. Department of State began monitoring trafficking in persons in 1994, when the issue began to be covered in the Department's Annual Country Reports on Human Rights Practices. Originally, coverage focused on trafficking of women and girls for sexual purposes. The report coverage has broadened over the years, and U.S. embassies worldwide now routinely monitor and report on cases of trafficking in men, women, and children for all forms of forced labor, including agriculture, domestic service, construction work, and sweatshops, as well as trafficking for commercial sexual exploitation.


Internationally, the U.S. has initiated many anti trafficking and development programs to assist countries to combat this ever growing phenomenon. Mandated by the TVPA in 2000, the Office to Monitor and Combat Trafficking was created in the State Department (G/TIP Office). The G/TIP Office has provided millions of dollars in grants to organizations all over the world to implement programs in order to combat trafficking. These programs include disseminating information on the dangers of trafficking, strengthening the capacity of non-governmental organizations to protect those groups from abuse and violence, and outreach and economic opportunity programs for those most at risk of being trafficked. The U.S. has assisted countries to enact anti trafficking legislation, trained law enforcement officials, prosecutors, border guards and judicial officers on detecting, investigating, and prosecuting traffickers, and protecting victims and provided start up equipment for new anti trafficking police units. The www.HumanTrafficking.org Web site for East Asia Pacific countries is a response to a recommendation of participants at the Asian Regional Initiative Against Trafficking (ARIAT) meeting in 2000.


Nationally, the US government is committed to prosecuting traffickers and assisting persons who have been identified as victims of trafficking.


In November 2003, the US Congress reauthorized the Trafficking Victims Protection Act of 2000.


The Trafficking Victims Protection Reauthorization Act of 2003 provides resources and initiatives to assist the 18,000 to 20,000 victims of human trafficking who are trafficked into the United States every year.


The Trafficking Victims Protection Reauthorization Act of 2005 was signed into law on January 2006.


http://www.humantrafficking.org/countries/united_states_of_america


Human Trafficking in America


Cambria CA

March 7, 2008


The abuse of faith based missions throughout the world continues. This is truly one of the most novel and capricious. ISKCON itself has just evicted devotees from a Costa Rican farm that also is in continuo. In co relation Christians are complaining that Hindu Nationalists are harassing and intimidating such in Orissa. In Jaganatha Puri non Indian born pilgrims are refused entry to the temple even though this is illegal.


Kazakhstan Krishnas Given One Week to Get Out


By Maxim Varfolomeyev on 30 Mar 2008


On March 25, 2008 the directors of the Krishna Society were summoned to a meeting organized by the Hakim of Almaty Province. The subject of the meeting was the imminent eviction of the Religious Organization Society for Krishna Consciousness from their property in Karasai District.


The Krishna organization was given a period of one week to accept the government demands to vacate their developed 116 acre farm. The proposed alternative is a 5 acre plot of undeveloped land in the wilds of Talgar district. The proposed site is further from Almaty city than their current location.


The Krishna Society was informed that if does not accept these conditions, within one week, that the officers of GASK (the State Architectural and Construction Board), will open a lawsuit to demolish the Krishna Society's existing temple and barn.


The Krishna Society's project near Almaty is a unique spiritual center for Kazakhstan and the entire CIS. It serves as the cultural center for the followers of the Krishna faith in Central Asia.


The three year prosecution against the Society has resulted in the demolition of 26 homes of the faithful. The Society's 116 acre farmland has been confiscated and returned to the Kazakh Government Land Reserve.


During the meeting on March 25th it was announced that the confiscated land would be subdivided and sold by the government for private villas.


The religious organization will be liquidated when it loses it's current legal address. The followers of the Krishna belief will be deprived of the opportunity to practice their religion collectively, which is the main component of freedom of conscience and faith.


A fair and reasonable solution to this conflict would underline Kazakhstan's commitment in upholding international commitments to human rights, religious tolerance and ethnic amity. But in this case there is no element of fairness to be found.


For more information visit www.kazakhkrishna.com


Kazakhstan Krishnas At 11th Hour


Cambria CA

April 13, 2008


On April 11, 2008, the Hakimat of Almaty Province informed the directors of the Society for Krishna Consciousness that on Monday, April 14, the Society will receive a document that grants them a piece of land in the Iliysk District of Almaty Province, even though the Society has never consented to relocate to the Iliysk District.


On April 5, 2008, the directors of the Society for Krishna Consciousness examined the four plots of land that the authorities of the Iliysk District had offered to them. None of the offered plots was found to be fit for the purposes of the religious organization. All the plots fall into the category of so called "undesirable land." One of them is situated in a waterlogged gully, another one is a former hilly graveyard (for that reason the architectural department does not recommend landscaping in that area), the third plot is situated too far from the city, and the fourth one neighbors the actual cemetery. All the plots cannot be leveled and are unfit for house building.


The directors of the Society for Krishna Consciousness lodged an official protest to the Provincial Hakim, Serik Umbetov, against the proposed plots in the Iliysk District.


The question of evicting the Religious Organization Society for Krishna Consciousness from their property was raised by the Hakim of Almaty Province at the meeting in Taldy Korgan on March 25, 2008.


The authorities gave one week to the directors of the Society for Krishna Consciousness for considering and accepting the proposal in regard to the relocation of the religious community to the land which does not actually meet the needs of the Society. If the Society did not accept these conditions, said the officers of GASK (the State Architectural and Construction Board), they would open a lawsuit to demolish the Krishna Society's existing temple and barn.


The legal prosecution against the Society initiated by the former authorities of the Karasai District has resulted in the demolition of 26 homes of the faithful who received no compensation. The Society's 116 acre farmland has been confiscated and returned to the Kazakh Government Land Reserve.


http://www.kazakhkrishna.com/en-news/309.html


Drug Prosecution in the USA


Big Pine CA

May 12, 2008


US: Drug War Unjust to African Americans


Two National Reports Detail Racial Disparity in Arrests and Imprisonment


Washington, DC, May 5, 2008 Ostensibly colorblind, the US war on drugs disproportionately targets urban minority neighborhoods, Human Rights Watch and The Sentencing Project said in two reports released today. Although whites commit more drug offenses, African Americans are arrested and imprisoned on drug charges at much higher rates, the reports find.


In the 67 page report, "Targeting Blacks: Drug Law Enforcement and Race in the United States," Human Rights Watch documents with detailed new statistics persistent racial disparities among drug offenders sent to prison in 34 states. All of these states send black drug offenders to prison at much higher rates than whites.


"Most drug offenders are white, but most of the drug offenders sent to prison are black," said Jamie Fellner, senior counsel in the US program at Human Rights Watch and author of "Targeting Blacks." "The solution is not to imprison more whites but to radically rethink how to deal with drug abuse and low-level drug offenders."


Key findings in the Human Rights Watch report include:


Across the 34 states, a black man is 11.8 times more likely than a white man to be sent to prison on drug charges, and a black woman is 4.8 times more likely than a white woman.


In 16 states, African Americans are sent to prison for drug offenses at rates between 10 and 42 times greater than the rate for whites. The 10 states with the greatest racial disparities in prison admissions for drug offenders are: Wisconsin, Illinois, New Jersey, Maryland, West Virginia, Colorado, New York, Virginia, Pennsylvania, and Michigan.


The Sentencing Project's 45 page study, "Disparity by Geography: The War on Drugs in America's Cities," is the first city level analysis of drug arrests, examining data from 43 of the nation's largest cities between 1980 and 2003. The study found that, since 1980, the rate of drug arrests in American cities for African Americans increased by 225 percent, compared to 70 percent among whites. Black arrest rates grew by more than 500 percent in 11 cities during this period; and, in nearly half of the cities, the odds of arrest for a drug offense among African Americans relative to whites more than doubled.


"The alarming increase in drug arrests since 1980, concentrated among African Americans, raises fundamental questions about fairness and justice,' said Ryan S. King, policy analyst for The Sentencing Project and author of "Disparity by Geography." "But even more troubling is the fact that these trends come not as the result of higher rates of drug use among African Americans, but, instead, the decisions by local officials about where to pursue drug enforcement."


Among The Sentencing Project report's key findings:


African American drug arrests increased at 3.4 times the rate of whites despite similar rates of drug use.


Extreme city variations in drug arrests point to local enforcement decisions as a prime contributor to racial disparity.


Six cities experienced more than a 500 percent rise in overall drug arrests between 1980 and 2003: Tucson (887 percent), Buffalo (809 percent), Kansas City (736 percent), Toledo (701 percent), Newark (663 percent), and Sacramento (597 percent).


The Sentencing Project and Human Rights Watch urge public officials to restore fairness, racial justice, and credibility to drug control efforts. They recommend public officials take a number of concrete steps, including:


Eliminating mandatory minimum sentences and restoring judicial discretion to sentencing of drug offenders;


Increasing public funding of substance abuse treatment and prevention outreach to make these readily available in communities of color in particular;


Enhancing public health based strategies to reduce harms associated with drug abuse and reallocating public resources accordingly.


Today's reports follow in the wake of the March 2008 recommendations of the United Nations Committee on the Elimination of Racial Discrimination. The committee urged that US criminal justice policies and practices address the unwarranted racial disparities that have been documented at all levels of the system.


http://www.hrw.org/english/docs/2008/05/05/usint18754/


Drought Declaration Proves Who Governor Schwarzenegger Is


Westwood CA

June 8, 2008


Gov. Schwarzenegger continues to play the game with reality. Here is the official chronology from the California Homepage. Here the folly of the Schwarzenegger's excel sheet policymaking will be crushed. The chemical despoliation of water resources is unparalleled in United States or world history. The population of California and this country is in disgrace for supporting these acts of tyranny.


Arnold is not for the people.


http://www.gov.ca.gov/index.php?/print-version/press-release/4352/


07/06/2006 GAAS:429:06 FOR IMMEDIATE RELEASE


Statement by Gov. Schwarzenegger on Federal Government's Declaration of Emergency for Salmon Fishermen


Gov. Schwarzenegger issued the following statement after U.S. Commerce Secretary Gutierrez announced that the federal government has declared a state of emergency, a major step toward providing critical federal assistance to the salmon industry in California.


"Today’s disaster declaration is long overdue, but there is much more to accomplish to get the salmon fishermen the relief they deserve. I am pleased that our efforts, including those by Senators Feinstein and Boxer, Congressman Mike Thompson and the entire delegations from California and Oregon, have opened a door to access critically needed relief for the salmon fishermen and the businesses that depend on a plentiful fishing season."


The restricted salmon fishing season along the West Coast has created a substantial economic hardship to salmon fishermen and our communities along the coast. Secretary Gutierrez's decision to declare a state of emergency allows state officials to pursue assistance for those who rely on salmon fishing, those who are at risk of losing their boats, permanently shutting their doors or being forced out of their livelihoods.


"I am grateful that Secretary Gutierrez has listened to our concerns and made this important decision to take the initial step toward providing federal relief to the salmon industry."


Secretary Gutierrez has committed to sending his experts to the West Coast to better understand the situation. I will make every resource available to demonstrate to them the full extent of this serious situation."


Chronology of Relief Efforts by Governor Schwarzenegger for Salmon Fishermen impacted by the Federal Government's Restrictions on Salmon Fishing Season


July 6, 2006: Federal government declares a state of emergency, a major step toward providing critical federal assistance to the salmon industry in California.


July 3, 2006: Governor Schwarzenegger renewed his call on the federal government to provide critical relief to salmon fishermen. The Governor joined Senators Feinstein and Boxer on a conference call with U.S. Commerce Secretary Gutierrez along with the Governor of Oregon and several members of California and Oregon's Congressional Delegation including Congressman Mike Thompson (D Helena) and Oregon Senators Gordon Smith(R) and Ron Wyden (D).


June 29, 2006: Governor Schwarzenegger announced a relief package of $35 million in grants and loans for salmon fishermen and added three counties to those in which a state of emergency has been proclaimed, including San Luis Obispo, Santa Barbara and Trinity counties.


June 29, 2006: Included in the relief package of $35 million, the Governor added money to the Small Business Expansion Fund, making the total fund guarantees available nearly $20 million. On June 6, the Governor The Governor's proclamation also expanded the number of eligible participants to include those involved in the salmon distribution chain, such as bait and tackle shops.


June 29, 2006: Governor also called for all impacted fishermen to be reimbursed their commercial salmon fishing license fees, and for next year's license fees to be waived.


June 26, 2006: Governor Schwarzenegger sent a letter urging the U.S. Commerce Secretary to provide assistance to the salmon fishermen.


June 6, 2006: Governor proclaimed an emergency in 10 California counties including Monterey, Santa Cruz, San Mateo, San Francisco, Marin, Sonoma, Mendocino, Humboldt, Del Norte and Siskiyou Counties.


June 6, 2006: In his proclamation of emergency, the Governor directed the Department of Finance to appropriate and maintain $778,000 as a guarantee in the Small Business Expansion Fund, leveraging up to $9.2 million in loans to prevent business insolvencies and the loss of employment.


(see link for information on existing loan guarantee program)


April 28, 2006 Governor Schwarzenegger and Governor Kulongoksi of Oregon sent joint letters to several members of Congress in support of efforts made to address the emergency situation posed by the potential restriction of salmon season.


April 28, 2006: The National Oceanic and Atmospheric Administration's Fisheries Services, a division of the U.S. Department of Commerce, adopted an emergency rule recommended by the Pacific Fisheries Management Council (PFMC) to restrict salmon fishing.


April 6, 2006: the Pacific Fisheries Management Council (PFMC) voted to recommend restrictions on salmon fishing opportunities for commercial and recreational anglers along the coasts of California and Oregon.


April 5, 2006: Governor Schwarzenegger sent a letter to U.S. Commerce Secretary Carlos Gutierrez requesting federal assistance should salmon season be closed or restricted. By requesting an official determination of commercial fishery failure, an analysis of the financial impact and expedited funding, the Governor's letter laid the groundwork for economic assistance for the businesses and communities impacted.


October, 2004: Governors Schwarzenegger and Kulongoski signed the Klamath River Watershed Coordination Agreement along with the responsible federal agencies to address the impacts to the fisheries in the region and to develop a longterm management approach, common vision and integrated planning associated with the Klamath Basin.


Background: The federal government's conservation effort was predicated on concerns that Klamath Basin Chinook Salmon that commingle with other runs of salmon in ocean waters off of California and Oregon have been declining in abundance, due to poor ocean conditions, drought, water management issues, disease and the elimination of access to historical spawning habitat.


Supreme Court Backs Guantanamo Detainees


Westwood CA

June 12, 2008


WASHINGTON The Supreme Court ruled Thursday that foreign terrorism suspects held at Guantanamo Bay have rights under the Constitution to challenge their detention in U.S. civilian courts.


In it's third rebuke of the Bush administration's treatment of prisoners, the court ruled 5-4 that the government is violating the rights of prisoners being held indefinitely and without charges at the U.S. naval base in Cuba. The court's liberal justices were in the majority.


Justice Anthony Kennedy, writing for the court, said, "The laws and Constitution are designed to survive, and remain in force, in extraordinary times."


It was not immediately clear whether this ruling, unlike the first two, would lead to prompt hearings for the detainees, some of whom have been held more than six years. Roughly 270 men remain at the island prison, classified as enemy combatants and held on suspicion of terrorism or links to al Qaeda and the Taliban.


In Rome, President Bush said, "We'll abide by the court's decision. That doesn't mean I have to agree with it."


He said the administration would review the decision to see if new legislation was warranted.


Ruling could halt first war crime trial


A lawyer for Osama bin Laden's former driver said Thursday he would try to stop the first scheduled war crimes trial at Guantanamo Bay in light of the Supreme Court's ruling.


Other lawyers are expected to join in a blizzard of filings to the war crimes tribunal and to U.S. federal courts after the ruling Thursday that detainees at Guantanamo Bay are entitled to habeas corpus, the right to challenge their detention in civilian court.


Bin Laden's former driver, Salim Hamdan, has been held at Guantanamo Bay since May 2002, and is one of only 19 of the roughly 270 men still held who has been charged with a crime. His military trial was scheduled to be the first.


The Supreme Court ruling complicates the Bush administration's repeated attempts to put suspected terrorists before war crimes tribunals at the U.S. Navy base in southeast Cuba.


"The entire legal framework under which Mr. Hamdan was to be tried has been turned on it's head," Hamdan's lawyer, Navy Lt. Cmdr. Brian Mizer, told The Associated Press.


Mizer said the defense lawyers can now argue that their clients have the right to confront their accusers and not incriminate themselves, both of which have been denied under the Military Commissions Act.


Mizer said he will file a motion next week also arguing that Hamdan was denied his constitutional right to a speedy trial. The military judge postponed the Yemeni's June 2 trial pending the Supreme Court ruling, and it is unclear what he will do now.


Guantanamo opened after 9/11


The administration opened the detention facility at Guantanamo Bay shortly after the Sept. 11, 2001, terrorist attacks to hold enemy combatants.


The prison has been harshly criticized at home and abroad for the detentions themselves and the aggressive interrogations that were conducted there.


The court said not only that the detainees have rights under the Constitution, but that the system the administration has put in place to classify them as enemy combatants and review those decisions is inadequate.


The administration had argued first that the detainees have no rights. But it also contended that the classification and review process was a sufficient substitute for the civilian court hearings that the detainees seek.


Vigorous dissents


In dissent, Chief Justice John Roberts criticized his colleagues for striking down what he called "the most generous set of procedural protections ever afforded aliens detained by this country as enemy combatants."


Justices Samuel Alito, Antonin Scalia and Clarence Thomas also dissented.


Scalia said the nation is "at war with radical Islamists" and that the court's decision "will make the war harder on us. It will almost certainly cause more Americans to be killed."


Justices Stephen Breyer, Ruth Bader Ginsburg, David Souter and John Paul Stevens joined Kennedy to form the majority.


The court has ruled twice previously that people held at Guantanamo without charges can go into civilian courts to ask that the government justify their continued detention. Each time, the administration and Congress, then controlled by Republicans, changed the law to try to close the courthouse doors to the detainees.


In addition to those held without charges, the U.S. has said it plans to try as many as 80 of the detainees in war crimes tribunals, which have not been held since World War II.


A military judge has postponed the first scheduled trial pending the outcome of this case. The trial of Salim Ahmed Hamdan, Osama bin Laden's onetime driver, had been scheduled to start June 2.


Presidential candidates John McCain and Barack Obama also support shutting down the prison.


http://www.msnbc.msn.com/id/25117953/


Supreme Court Bans Death Penalty for Child Rape


Westwood CA

June 26, 2008


This is an issue that I believe is highly contentious but deserves further deliberation. Both Barack Obama and John McCain support the capital punishment for certain instances of child rape. I concur with their stance.


David Nollmeyer


By James Oliphant


WASHINGTON A narrowly divided Supreme Court ruled Wednesday that imposing the death penalty for the rape of a child is unconstitutional.


In a 5-4 decision, the court overturned a Louisiana law that called for the death penalty for raping a child under 12, and it removed from death row a man convicted of attacking his 8 year old stepdaughter.


Justice Anthony M. Kennedy wrote the opinion, saying, in essence, that the crime, awful as it is, does not merit capital punishment.


"The incongruity between the crime of child rape and the harshness of the death penalty poses risks of over punishment and counsels against a constitutional ruling that the death penalty can be expanded to include this offense," Kennedy wrote.


He was joined by Justices John Paul Stevens, David H. Souter, Ruth Bader Ginsburg and Stephen G. Breyer.


Sen. Barack Obama of Illinois, the presumptive Democratic nominee for president, criticized the court's decision at a Chicago news conference.


"I have said repeatedly that I think that the death penalty should be applied in very narrow circumstances for the most egregious of crimes," he said.


"I think that the rape of a small child, 6 or 8 years old, is a heinous crime, and if a state makes a decision that under narrow, limited, well defined circumstances, the death penalty is at least potentially applicable, that does not violate our Constitution."


Obama has frequently cited the near abolishment of the death penalty in Illinois as one of his top legislative accomplishments.


His probable Republican opponent in the presidential race, Sen. John McCain of Arizona, also objected.


"Today's Supreme Court ruling is an assault on law enforcement's efforts to punish these heinous felons for the most despicable crime," McCain said. "That there is a judge anywhere in America who does not believe that the rape of a child represents the most heinous of crimes, which is deserving of the most serious of punishments, is profoundly disturbing."


The four members of the court's conservative wing also sharply criticized the ruling, saying a small but growing number of states had determined that the rape of a child deserved the death penalty; they said the court majority was interfering with that judgment.


"The harm that is caused to the victims and to society at large by the worst child rapists is grave," Justice Samuel A. Alito Jr. wrote. "It is the judgment of the Louisiana lawmakers and those in an increasing number of other states that these harms justify the death penalty."


Alito was joined in his dissent by Justices Antonin Scalia and Clarence Thomas and Chief Justice John G. Roberts Jr.


The court in 1977 ruled that the death penalty for rapists was unconstitutional under the 8th Amendment's ban on cruel and unusual punishment. That decision involved the rape of a 16 year old female, whom the court considered an adult.


More than a decade ago, Louisiana made rape a capital crime if the victim was younger than 12. The state said it has sought the death penalty in only five cases, twice obtaining a capital verdict.


Several other states, including Texas, Georgia and South Carolina, have similar laws, but they require that the assailant have committed a second, separate offense before the death penalty is an option.


The defendant in the case on which the court ruled Wednesday, Patrick Kennedy, has maintained his innocence. He had been offered life in prison if he pleaded guilty. He refused and was sentenced to death in 2003.


He and his stepdaughter originally said that two boys assaulted her in March 1998 in the backyard of their home in Jefferson Parish, across the Mississippi River from New Orleans. But police found inconsistencies in Kennedy's story and blood on sheets inside the home. The girl was badly injured and required surgery.


Kennedy, 43, will still face life in prison with no possibility of parole. His lawyers plan to appeal his conviction.


Tribune staff writer John D. McCormick in Chicago contributed to this report.


http://www.latimes.com/news/nationworld/nation/la-na-scotus26-2008jun26,0,5953610.story