January 24, 2010

DOJ Will Appeal Blackwater Ruling
— Gabriel Malor

Last month the case was dismissed because the prosecutors used coerced statements to bring the charges. The judge wrote a thorough 90 page decision (PDF) explaining where prosecutors went wrong. Obama's DOJ is not ready to give up the chance to convict Blackwater "mercenaries":

The government will appeal a court decision to dismiss charges against Blackwater security guards accused of killing 14 Iraqi civilians in 2007, Vice President Joe Biden said on Saturday.

The U.S. federal court found last month that the defendants' constitutional rights had been violated, angering many Iraqis. Prime Minister Nuri al-Maliki's government has hired U.S. lawyers to prepare a law suit against Blackwater, a security contractor now called Xe Services.

With Iraqi President Jalal Talabani at his side at a Baghdad news conference, Biden expressed "personal regret" for the violence in a Baghdad traffic circle when Blackwater guards were accused of opening fire on innocent civilians.

Judge Urbina recently decided not to seek sanctions against the prosecutors, but it seems like it was a close call. This is just the latest of a half-dozen DOJ prosecutions that have been dismissed in the past two years for prosecutorial misconduct. The most notable of those dismissals was the corruption case against Alaska Senator Ted Stevens.

Incidentally: I don't know whether they've been fairly accused or not. That's the problem with trying to turn a war-zone into a crime scene. Unlike a crime scene, it was impossible for investigators to contemporaneously interview witness, inspect the scene, recover evidence from the scene, or even bodies. The politically-motivated prosecution had almost no choice but to use their own statements against them.

And that ends the inquiry, as far as I'm concerned. The Fifth Amendment right against self-incrimination applies to the guilty as much as it does the innocent. In fact, it's of almost no use at all to the innocent, who necessarily do not need its protection. The prosecutors knew this, in fact they were warned several times by more experienced DOJ prosecutors, but went ahead anyway. Because of the many warnings they received, I'm disappointed that Judge Urbina decided not to sanction them.

Posted by: Gabriel Malor at 07:36 AM | Comments (117)
Post contains 363 words, total size 2 kb.

1 Elections matter.

Posted by: eman at January 24, 2010 07:41 AM (6m1Y+)

2 In a war zone, you should only be looking to bring charges when the evidence is overwhelming for guilt - something like Mai Lai.

Trying to prosecute people based on whether or not their split second assessment of danger was right or not is obscene.

Posted by: 18-1 at January 24, 2010 07:43 AM (bgcml)

3

The U.S. federal court found last month that the defendants' constitutional rights had been violated

What is it with these idiots in the WH? Foreign terrorists get constitutional rights, but US citizens don't.

Posted by: Vashta.Nerada at January 24, 2010 07:44 AM (NYsdu)

4

The Fifth Amendment applies to the guilty as much as it does the innocent.

(I'm with you so far .... )

In fact, it's of almost no use at all to the innocent, who necessarily do not need its protection.

Or it was intended especially for the innocent, who necessarily rely on its protection more than do the guilty.

Posted by: FireHorse at January 24, 2010 07:44 AM (Vl5GH)

5 I blame Bush.

Posted by: Danny Glover at January 24, 2010 07:45 AM (GfYt/)

6

The U.S. federal court found last month that the defendants' constitutional rights had been violated, angering many Iraqis.

this sentence made me believe the point was iraqis were angered at the defendants constitutional rights being violated,

I was like wow , cool.

(need more coffee)

Posted by: willow at January 24, 2010 07:45 AM (7FgWm)

7 Blackwater = Black Panther   NOT

Posted by: Hamilton Burger at January 24, 2010 07:46 AM (UmOcE)

8 Obama and Holder will prosecute Americans protecting their diplomats in a war zone but will free terrorists caught in the act of fighting our soldiers on the battlefield or confessed terrorists to 911.  Evidently the terrorists are more deserving of US Constitutional rights than American citizens.

Posted by: BarbaraS at January 24, 2010 07:46 AM (bbasO)

9

I hope the judge ruled that the DOJ had to pay the legal fees of the defendents.

Of course like everything else, only the tax payer is held accountable.

Perhaps they should force Holder and Obama to pay the lawyers.

To me this in itself would be grounds for fireing Holder and impeaching Obama.

Posted by: Vic at January 24, 2010 07:47 AM (QrA9E)

10 Oh, and consider how severely Obama has politicized justice:

1) Dismissing Walpin when he was investigating an Obama crony
2) Dismissing charges against the New Black Panther Party when they showed up armed at an election booth
3) Ignoring the 5th Amendment

So government corruption and interference in voting at perfectly legal now - as long as the 'right' people are doing it, but believing you are acting in self defense in a war zone is not.

Posted by: 18-1 at January 24, 2010 07:48 AM (bgcml)

11 I am no legal wiz or even student. I do, however, beleive the 5th amendment is to protect ALL parties. Put me some knowledge if I'm wrong.

A nice layperson's primer on it's practical application:

http://www.youtube.com/watch?v=6wXkI4t7nuc

Posted by: jcjimi at January 24, 2010 07:49 AM (XSikc)

12 Yeah, Holder is doing just GREAT!  The bastard still hasn't said WHY he dropped the case against the Black Panthers for voter intimidation AFTER GETTING A CONVICTION!

Let's face it.  Holder's decisions are not based on any particular law or precedent, but on how Holder FEELS about a particular case.  The shit head should have stuck with what he does best, getting presidential pardons for bribes.

Posted by: GarandFan at January 24, 2010 07:49 AM (ZQBnQ)

13 But--but--Blackwater is a company--so they just slaughtered innocents for profit (and because they're brown), those capitalist racist homophobic sexist teabagging pigs! Who needs more evidence that they're evil than the fact they worked for Bush and his puppet master Darth Cheney! Off with their heads!

Posted by: Liberals at January 24, 2010 07:49 AM (Exq1l)

14 The Left is always on the look our for opportunities to persecute our soldiers.  When the Left can't have dead US soldiers to gloat about, they then try to take solace from imprisoning US soldiers.  You never hear those scum complain about a US citizen/soldier getting his head slowly sawed off by some Iraqi terrorist scum.  They make no call for war crimes trials against the enemy.  But if they can find any excuse to pain our own men as villains they will take advantage of it.

Posted by: Reactionary at January 24, 2010 07:51 AM (4nbyM)

15

The other thing that amazes me about this kind of shit is the utter contempt that OBama has for tjhe Consitution. The nutroots complained about the evil Bush/Cheney cabal trashing the Constituion but could never supply a single example.

OBama trashes the Consituion on a daily basis and even says it is a bad document because it does not allow redistribution, otherwise known as theft.

All you here from the nutroots is crickets.

Posted by: Vic at January 24, 2010 07:51 AM (QrA9E)

16 Oh, and speaking of which, let's see how many of the BoR Obama opposes:

1st - wants restrictions on political speech
4th - wants your medical records for Obamacare
5th - this case
9th - Obamacare, Can n' Tax, etc
10th - Obamacare, Can n' Tax, etc

And this is only a year in...

Posted by: 18-1 at January 24, 2010 07:52 AM (bgcml)

17 This White House is a fucking crime scene.

Posted by: TexasJew at January 24, 2010 07:52 AM (dcKUM)

18 OBama trashes the Consituion on a daily basis and even says it is a bad document because it does not allow redistribution, otherwise known as theft.

All you here from the nutroots is crickets.

Posted by: Vic at January 24, 2010 11:51 AM (QrA9E)

The Constitution is the one that starts "from each according to his abilities, to each according to his needs," right?

Posted by: Some literate lefty at January 24, 2010 07:53 AM (bgcml)

19 There was a clear consensus of polling in Massachusetts that the public clearly did not reject the liberal left's agenda. They were reacting to the lack of communication/attention the White House was giving them. Once President Obama gives some speeches directed at their perceived issues they will fall back in line. The people want these psycho-patriots controlled! Once Barrack the almighty phrases is right they will see that. You know after watching the three major news shows this morning I think they actually believe that.

Posted by: Locus Ceruleus at January 24, 2010 07:54 AM (tzcjs)

20
Yet another Obama fuckup being ignored by the Republicans.

You still the Republicans care about winning in 2010?

Posted by: This is lolboner at January 24, 2010 07:54 AM (z37MR)

21

OBama trashes the Consituion on a daily basis and even says it is a bad document because it does not allow redistribution, otherwise known as theft.

All you here from the nutroots is crickets.


Now, that's just not true Vic and you know it.

That's not the sound of crickets coming from the nutroots.  That's cheering.

Posted by: Deety at January 24, 2010 07:56 AM (aVzyR)

22 This story just pisses me off.  At some point folks will decide it just isn't worth protecting this country because of possible consequences like this.

Posted by: dogfish at January 24, 2010 07:56 AM (sGaoh)

23 Evidently the terrorists are more deserving of US Constitutional rights than American citizens.

That's the game plan. It may not be so much that this administration endorses terrorism, as it is that it is actively attempting to erode Constitutional rights/protections afforded to those they govern - U.S. citizens. The ideal strategy in the consolidation and exercise of power.

Posted by: Soap MacTavish at January 24, 2010 07:57 AM (554T5)

24 I am starting to get this administration. The Black Panthers intimidating AMERICAN voters are not an issue. The Seals and Blackwater in a war zone are. No we can not allow bullies in foreign countries. Got it

Posted by: Locus Ceruleus at January 24, 2010 07:57 AM (tzcjs)

25 Yet another Obama fuckup being ignored by the Republicans.

You still the Republicans care about winning in 2010?

Posted by: This is lolboner at January 24, 2010 11:54 AM (z37MR)

This is a good point.  There are a lot of opportunities to show the treasonous behavior of the Dems and the Reps are just letting them pass.  The political situation of this nation is like airline safety - the lay person is on his own and has to fight for his own survival - the folks in Washington will not be helping.

Posted by: Reactionary at January 24, 2010 07:58 AM (4nbyM)

26

More proof that Obama has declared war on terrorists America.

Posted by: No longer surprised! at January 24, 2010 07:58 AM (qLV03)

27 dogfish @ 22 lets hope Atlas does not shrug.

Posted by: Locus Ceruleus at January 24, 2010 07:59 AM (tzcjs)

28

The other thing that amazes me about this kind of shit is the utter contempt that OBama has for tjhe Consitution.

It is easy to be contemptuous of something you know little about!  You didn't buy that bullshit about him studying "Constitutional Law" did you?  Obama has never had to study anything except Community Organizing, AKA shit-disturbing, and even there he didn't have to study because he was a natural.

Why do you think his transcripts are secret?

Posted by: sherlock at January 24, 2010 08:01 AM (ktKOD)

29 lets hope Atlas does not shrug.

His shoulders are definitely twitching.

Posted by: Soap MacTavish at January 24, 2010 08:01 AM (554T5)

30 There is also the double jeopardy clause which clearly states that once a defendant is acquitted or charges have dropped by the prosecution, they can not be charged with the same crime. This applies to this case in spades. They can be tried in a civil court and made to pay out the nose if the jury finds the defendant culpable. Of course that does not make one ounce of crap to the Obama people.

Posted by: Stan25 at January 24, 2010 08:03 AM (N1Gru)

31
So, Gabe, what appellate court will hear this?

the Ninth Circus?

Posted by: This is lolboner at January 24, 2010 08:04 AM (z37MR)

32
This is pretty risky move for Obama's Department of Social Justice.

They just got slapped down hard for their flimsy case and incompetence. If they lose the appeal, it will lead to further embarrassment.

What am I saying? This entire admin is shameless.

Posted by: This is lolboner at January 24, 2010 08:06 AM (z37MR)

33 Yet another Obama fuckup being ignored by the Republicans.

You still the Republicans care about winning in 2010?

Posted by: This is lolboner at January 24, 2010 11:54 AM (z37MR)


This could be me showing my naivety, but maybey the GOP has been keeping Mum for a good reason? Every single criticisim of Obama is called racisim, so just say nothing for now and basically sit on the bench and vote no on all of his initiatives. Give him enough face time on TV trying to rally the Dems together and he will hang himself in the eyes of voters without the GOP having to do much at all.


There is still plenty of time untill mid-terms and I am sure they are collecting youtube videos as we speak. Calling Racist!! every day while voters are trying to decide how to vote will sound like desperation if it is all concentrated into a couple of months instead of strung out over a full 2 years.

Posted by: Mord at January 24, 2010 08:07 AM (tTj19)

34 27 dogfish @ 22 lets hope Atlas does not shrug.

I think he may.  To paraphrase Monty (?), people nowadays expect civilization to always move forward, but it can always turn back.

And then this will all descend into...only chaos.

Posted by: Kratos (on the back of Gaia, scaling Mt Olympus) at January 24, 2010 08:08 AM (otlXg)

35 The current crop of Repubs lack the Dangling Courage Units to confront the treasonous libs on this or any other substantial issue.

They haven't learned that nice guys (and gals in the case of Palin, who is, after all, nothing more than a politician with perhaps a few more principles than the average) finish last, sometimes don't get to finish at all, and are regularly beaten up by bullies.

Holder and the rest of the slimeballs in government won't have to account for themselves unless/until the general public gets fed up with their crimes. If the public leads, the Repubs can follow; they do that well....

Posted by: Chapeau du Tinfoil at January 24, 2010 08:11 AM (XoeBx)

36 Again with the judges basing their rulings on the Constitution.  Can't something be done about this?

Posted by: equal protection for some at January 24, 2010 08:11 AM (kJLH9)

37  Alright, I modified that sentence, since it seems to be giving some folks some trouble. It now reads "The Fifth Amendment right against self incrimination applies..." since that's what this case is about and where the prosecutors ran aground.

Posted by: Gabriel Malor at January 24, 2010 08:11 AM (Mi2wf)

38

Hmmmm,, I'm not sure what to think about this,,  I'll go ask Axelrod what I should say and get back to ya'll latter..........

 

OsamaHusseinIslamObama 2012'

(the terrorist-Uighur-ACORN-media choice)

-It's never too early to campaign-

Posted by: Barry Soetoro (D-King OF The World!!!) at January 24, 2010 08:12 AM (Y8Yp4)

39 Gabe, speaking of DOJ, read this at hillbuz.  Sounds like the Hillary crowd has had enough.   This is good stuff!

http://tinyurl.com/yjbm9ob

Why won't the tinys convert to a linkable click?  I am using foxfire now and when I used IE all I had to do was hit return and the tiny would become click able,  Anyone know how to make it click able so you don't have to copy and paste?


Posted by: Kemp at January 24, 2010 08:12 AM (2+9Yx)

40 I'm with Mord on this one. Hold your fire. Don't fire until you see the whites of their eyes. Keep your powder dry.  All good ideas. That and let this shit actually sink in.  

So the public is knee deep in shit, and the headline now is "Republicans say the public is knee deep in shit." Like its their opinion. Let em stand in the shit for a while. Hey, what's that smell? Oh yeah, I'm like, knee deep in shit.

Posted by: kansas at January 24, 2010 08:12 AM (Wwi5M)

41 I support this.

Posted by: John McPalin at January 24, 2010 08:13 AM (EL+OC)

42 imo, its more about persecution, than prosecution, in this case (and others...)

Posted by: mrfixit at January 24, 2010 08:14 AM (Bsm1s)

43 Isn't this the administration tendency to see everything through the prism of problems that can be fixed by a court? I think they are globalist that view the world as their jurisdiction.

Posted by: Locus Ceruleus at January 24, 2010 08:16 AM (tzcjs)

44 Anyone know how to make it click able so you don't have to copy and paste?

Sprinkle a little eye of newt into the air, cross yourself three times, click your heels and paste. Your mileage will definitely vary.


Posted by: Soap MacTavish at January 24, 2010 08:16 AM (554T5)

45 Man,

Did this dude get his law degree from a cereal box?

In fact, it's of almost no use at all to the innocent, who necessarily do not need its protection.

Part I: Lawyer's argument

Part II: Police Officer's side

These MUST have been posted here before...

Posted by: alexthedude at January 24, 2010 08:18 AM (vxorl)

46

I'm suprised that the DoJ would do anything that might bring a good look at itself.  Most people have still not seen the full array of it's actions thus far.  I cite the black panther case, it's stance on releasing sensitive intelligence data, etc. or the fiasco that will begin when the KSM trial starts.

The Dems may not have a party at the end of the year.

Posted by: space rock at January 24, 2010 08:19 AM (qDrH7)

47 kansas at January 24, 2010 12:12 PM (Wwi5M)

It's truly wishful thinking on my part, but thanks for your vote. haha. You put it much better than I did also.

Posted by: Mord at January 24, 2010 08:19 AM (tTj19)

48

This is what they get for hiring contract security guards for a war zone instead of uniformed military.  I've always liked the Blackwater guys and without having been there I have a tendency to side with them, but allowing them perform security operations in a combat zone was a big shit sandwich we all have to take a bite out of.

If they were uniformed military, this would have been put to bed a long time ago and we wouldn't be in a three ring circus spending money we don't have so we can trump some of our brave citizens' constitutional rights.

Posted by: Burn the Witch at January 24, 2010 08:19 AM (U37Ux)

49

..........Annnnnd I'm back now....  Axelrod told me to say that the only reason you all are questioning my awesomely-awesome-awesomeness in this matter is because you all are just racist-bitter-clinger-warmongers!  So put me down as having said that.

 

OsamaHusseinIslamObama 2012'

(the terrorist-Uighur-ACORN-media choice)

-It's never too early to campaign-

     

Posted by: Barry Soetoro (D-King OF The World!!!) at January 24, 2010 08:21 AM (Y8Yp4)

50 Yeah we still have the terror trials in NYC to look forward to as well, just before the election.

Posted by: Mord at January 24, 2010 08:21 AM (tTj19)

51

15

The other thing that amazes me about this kind of shit is the utter contempt that OBama has for tjhe Consitution. The nutroots complained about the evil Bush/Cheney cabal trashing the Constituion but could never supply a single example.

To be fair, there was that bit of nastiness about listening in on phone calls and collecting phone records. Good cause, yeah, but I would have really, really liked it if an alternate solution had been found. I'm not even sure if it truly is unconstitutional, since the founding fathers never heard of phones, but the law is what it is nowadays.

Anyway, good on Judge Urbina for his decision, but as for sanctioning the prosecutors... well, he is a lawyer, too, and one's brethren must be protected, unfortunately.

Posted by: Agnostica at January 24, 2010 08:22 AM (gbCNS)

52

Since we are talking about justice here, just wait 'till the KSM trial starts in NYC. I'm thinking that this will hurt Obama and Holder so bad that they will never recover.

It's gonna be a circus far worse than the OJ trial.

Posted by: HH at January 24, 2010 08:22 AM (GkYyh)

53 Burn the Witch @ 48 "If they were uniformed military, this would have been put to bed a long time ago..." You mean like the seals?

Posted by: Locus Ceruleus at January 24, 2010 08:22 AM (tzcjs)

54

jcjimi @ #11: I do, however, beleive the 5th amendment is to protect ALL parties. Put me some knowledge if I'm wrong.

You're right. I think that Gabriel and I just see the opposite sides of the same coin. Though I respect his perspective (and certainly appreciate his posts!) I believe that there's a lot that can incriminate guilty suspects — evidence, witnesses, etc. Â— but not so much with innocent suspects. Cops, eyewitnesses accounts, investigators and prosecutors can make a case against a defendant without his self-incriminating testimony; in fact, they ought to make their cases apart from a defendant's account of events. If a defendant is guilty and he blabs, there's nothing gained and nothing lost; he's already effectively incriminated.

But if someone is innocent and in trouble with the law, the chances are higher that anything he says will likely only deepen his troubles. (The support for what I'm saying was from a video I saw here at the AoSHQ. Re-link?)

 

 

Posted by: FireHorse at January 24, 2010 08:22 AM (Vl5GH)

55 In fact, it's of almost no use at all to the innocent, who necessarily do not need its protection.

Remind me to never hire Gabe if I ever need an attorney.

Posted by: Mal at January 24, 2010 08:22 AM (Z+qzA)

56
It's gonna be a circus far worse than the OJ trial.

It's not even going to last a day.  He'll be released almost immediately.  Would NOT want to be in NYC when that excrement hits the blades.

Posted by: Dang Straights at January 24, 2010 08:24 AM (paQoe)

57 If their statements can't be used to incriminate them (true), then DoJ goes after them with an even weaker case.

Posted by: Dave in Texas at January 24, 2010 08:24 AM (OFB0k)

58

@53 "You mean like the seals?"

Well, you have a good point there.  Ok, I retract my statement.  Fuck these clowns.

Posted by: Burn the Witch at January 24, 2010 08:24 AM (U37Ux)

59 44 Anyone know how to make it click able so you don't have to copy and paste?

Sprinkle a little eye of newt into the air, cross yourself three times, click your heels and paste. Your mileage will definitely vary.

I thought that was how "The One" was going to get Obamacare passed?

It works on computers too?

Posted by: Kemp at January 24, 2010 08:26 AM (2+9Yx)

60

The Blackwater contractors are former Army, Navy and Marine veterans.  I watched them arrive on the FOB where I worked in bullet riddled vehicles often.  They are good men and women who performed a thankless task.  The State Department officials they protected threw them under the bus as soon as the charges arose.  This is not a criminal case it is  a political witch-hunt. 

The Republicans did not offer a strong defense when they were being attacked by the leftist.  This decision is a travesty of justice of the highest order. 

The left fears any extra-military organization, therefore the attacks will continue.  

Posted by: Concerned at January 24, 2010 08:31 AM (8KOr6)

61 I think this shines a little light on the DOJ and their direction.

Here.

Posted by: Locus Ceruleus at January 24, 2010 08:32 AM (tzcjs)

62

Confession while good for the soul can be very damaging to one's character and should therefore be used sparingly if at all.

Take the fifth!

Posted by: VELVET AMBITION at January 24, 2010 08:32 AM (BcQbL)

63

If their statements can't be used to incriminate them (true), then DoJ goes after them with an even weaker case.

Right -- but isn't that the point? To make such a "weaker case" strong enough to still secure a conviction?

I always thought that was a point of pride with the FBI -- that their cases against defendants are so strong, with or without confessions or defendants' statements, that there's virtually no chance that anyone that they help to convict is innocent.

Posted by: FireHorse at January 24, 2010 08:33 AM (Vl5GH)

64 62 An army buddy used to say "only confess to someone who has just done something worse than you."

Posted by: Locus Ceruleus at January 24, 2010 08:34 AM (tzcjs)

65 OT: so, what is the deal with Hillbuzz? Are they reformed Liberals? Is their new-found hatred for the left just a facade? Do they truly think Hillary is very different than Barry the Hutt? This Democrat/Liberal Civil War smells a bit fishy.

Posted by: eman at January 24, 2010 08:35 AM (0Z/ok)

66 Amusing that they will appeal this one (despite nearly actionable behavior on the part of the prosecutors), but not the one where they had a slam-dunk against the Black Panthers.

Posted by: Drumwaster at January 24, 2010 08:35 AM (M34RW)

67 One more strike against people defending the US. Let US diplomats secure themselves. I have simply had it.  They want terrorists tried in NYC?  Go ahead.  I have seen the Towers burn. If he hard left wants this, and the stupid people who elected Premier Obama thought he was so great, deal with it.  But Sarandin and Oprah better have their burkas clean. 

Posted by: hous bin pharteen at January 24, 2010 08:36 AM (pU4D7)

68

Locus,

Your Buddy was right

 

Posted by: VELVET AMBITION at January 24, 2010 08:36 AM (BcQbL)

69

The Blackwater contractors are former Army, Navy and Marine veterans.

Posted by: Concerned at January 24, 2010 12:31 PM (8KOr6)


Yes they are good guys. The only reason a company like them is needed is because they do specialty work. Guarding and transporting VIP's in a warzone is not something the regular Army is trained or equipped to do. There a simply not enough soldiers to do EVERYTHING. We could do it in an emergency of course, but not day to day operations. An armored humvee was never design to transport VIP's.

Posted by: Mord at January 24, 2010 08:39 AM (tTj19)

70
This Democrat/Liberal Civil War smells a bit fishy.

I think it's full of deliciousness.

Posted by: Dang Straights at January 24, 2010 08:42 AM (paQoe)

71 #66
Eman, I stole the link from Instapundit and I think it's a real cat fight.  Hill Gays vs Obama nutroots. 

Interesting that the Hill people are smoking out the government paid employees screwing with them.  Notice how the "letters to the editors" story got big play in the Times and MSM?  They're picking that up because they all read Hillbuzz. 

Gays scorned is something you don't want against you.  Like the guy said he's been fucked with before and he knows how to give it back.

More Popcorn please!

Posted by: Kemp at January 24, 2010 08:43 AM (2+9Yx)

72 One, of course the government is appealing. It would only be unusual if they didn't appeal. The same if the defense and not the prosecution lost. Two, I can not fault that the gov. filed charges, either. The devil is in the details and they had the right to seek rulings on the issues.

Posted by: moi at January 24, 2010 08:44 AM (o4vbV)

73

Second Post) In a war zone, you should only be looking to bring charges when the evidence is overwhelming for guilt - something like Mai Lai.

Trying to prosecute people based on whether or not their split second assessment of danger was right or not is obscene. 18-1

You nailed it. I'm for one freebie.  Don't punish the guy (s) for making a bad call when he's knee deep in the shit.  If you think the guy might be going rogue, get him out of the kill zone, be he service or Blackwater.  War is Hell and shit happens.  If he's a wack job when he goes civilian put his ass away.

Posted by: Ohio Dan at January 24, 2010 08:45 AM (rurh0)

74 All the lefties complained about how late the Military went into Haiti.  But it took Hollywierd and music industries how long before they put on a friggin telethon?

Are there any people left alive?  It seems those over-rich asshats were to busy to help.  They had sooo many talk shows, publicity and business meeting, latte lunches, and all night drug binges, they must have been sooooooo buzy that it took several weeks to have a friggen telethon? 
Jerry Lewis could have done better!

Posted by: hous bin pharteen at January 24, 2010 08:46 AM (pU4D7)

75 Oh, I forgot to add, Holder is a dick.

Posted by: Ohio Dan at January 24, 2010 08:46 AM (rurh0)

76 I think the first nuke strike on US cities maybe a liberal leftist "lone individual" event. Since the Xmas attack was an "isolated incedent".  Or it was ex-president Bushes fault.  http://tinyurl.com/ylhgyoh

Posted by: hous bin pharteen at January 24, 2010 08:50 AM (pU4D7)

77

Remember, The Vapid One® said "I'll side with Islam."

He wasn't kidding.

Posted by: BackwardsBoy at January 24, 2010 08:51 AM (i3AsK)

78 The Fifth Amendment right against self-incrimination applies to the guilty as much as it does the innocent. In fact, it's of almost no use at all to the innocent, who necessarily do not need its protection.

This is completely wrong. I believe Ace even posted some videos about this .  Seriously, you should watch these videos http://tiny.cc/ryLub.
If you don't believe me you should call a lawyer and have them explain why.

Posted by: Sam at January 24, 2010 08:51 AM (Cxsey)

79 @ 66 OT: so, what is the deal with Hillbuzz?...  
Yeah, I'm not getting the affinity some here seem to have with them either. I mean, come on -- they can't seriously think Hillary is somehow that much ideologically separated from Obama, can they? Or are they now conservatives? If so, why the fuck would they still shill for Hillary? They strike me as having some pretty weak ideology-fu going for them. Bitterness, perhaps, but principles -- I'm not seeing them.

Posted by: Vile Roman at January 24, 2010 08:52 AM (iBzKc)

80 I'm no fan of Obama, Biden nor all the morans who make up their administration, but I have to think this is part of something else.  This is from Biden so it probably has to do with him trying to get the Iraqis to reverse their recent disqualification of Sunni parliamentary candidates.  Biden is throwing the Shia Iraqi government a bone here and if I thought the legal appeal had any chance of success I might actually have reason to protest that he's doing that.  That being said, perhaps there is someone on Biden's staff who isn't such a moran and who sees this (probably correctly) as a freebie.

Posted by: OrgleFan at January 24, 2010 08:53 AM (0Z1AH)

81
Yeah, I'm not getting the affinity some here seem to have with them either.

Don't get that at all, either.  These shitbags never say a word when someone on the right is attacked, it's only when their golem turned on them that they began to squeal about being subjected to the leftist trash's abuse.  Fuck them and the donkey they rode in on.

Posted by: Dang Straights at January 24, 2010 08:55 AM (paQoe)

82 32
This is pretty risky move for Obama's Department of Social Justice.

I'm starting to think that "social" is an adjective that is a negation.

Social justice isn't.
Social science isn't.
Social networking...social security...

Posted by: AmishDude at January 24, 2010 08:55 AM (Vo2Ef)

83 11 I am no legal wiz or even student. I do, however, beleive the 5th amendment is to protect ALL parties. Put me some knowledge if I'm wrong.

A nice layperson's primer on it's practical application:

http://www.youtube.com/watch?v=6wXkI4t7nuc

Looks like jcjimi beat me to it with a link to the complete lecture.

Posted by: Sam at January 24, 2010 08:56 AM (Cxsey)

84 For a little good news . 
Unemployment in my state has now hit 12.3 % . The real number is probably around 20% . Nice to see the justice dept . is hiring .  I'm sure all those lawyers hanging off the federal teat will help turn this economy around .

Our bumper crop of hope and change has turned out just peachy . Thanks rep. Clyburn , it's so good to know we have such a powerful guy in D.C. working for us.
 Asshole .

Posted by: awkward davies at January 24, 2010 08:56 AM (wb68R)

85 Step 1 - take the house in 2010
Step 2 - hold hearings and investigate Holder
Step 3 - profit!

Posted by: John Galt at January 24, 2010 08:56 AM (Ylv1H)

86 Sam,
One a thread about overzealous prosecution you claim the First does not protect the innocent? Overzealous prosecutors don't just go after the guilty, in fact, i think by definition.

Posted by: nine coconuts at January 24, 2010 08:57 AM (DHNp4)

87 Nine coconuts

Reread what I said.

Posted by: Sam at January 24, 2010 09:10 AM (Cxsey)

88

The left fears any extra-military organization,

Posted by: Concerned at January 24, 2010 12:31 PM (8KOr6)

Unless it's their own extra-military organization. Whatever became of O's national brownshirt army?

Posted by: Packy East at January 24, 2010 09:12 AM (CKW49)

89

I think Obama picked Holder because he represents the Black Liberation Theology mindset that Obama had to deny to reach the Office of President. 

He had to quit the Church of his mentor, Jeremiah Wright.  He has had to abandon many of his Pro-Palestine, Pro-Mumia friends in order to climb the ladder.  Holder is his connection to these people and ideas.

I fear, without Holder, Obama believes the charges that he is not 'Black Enough'.  Holder is his pro-pali, pro-panther, pro-restitution, pro-affirmitive action alter ego.

Posted by: garrett at January 24, 2010 09:13 AM (3R688)

90

What is it with these idiots in the WH? Foreign terrorists get constitutional rights, but US citizens don't.

 

Now your're getting it. It is obvious which side they are working for.

Posted by: porknbean at January 24, 2010 09:23 AM (NWZhH)

91

This is so ridiculous -- lawyers and rights for the Christmas bomber (who OBL has claimed) though.

Holder delenda est (not in the physical sense, of course, but he needs to be drop kicked out of office and into obscurity forever).  Where are the Republicans on this?  And if the GOP won't do anything, can we please get another political party that has enough huevos to stand up to this godawful Dem regime?  American citizens should be fed a nonstop menu of el precedente's unconstitutional ideas 24/7/365 from now until Nov. 2012.  I'm sick of this bastard and his damn cronies!

Posted by: unknown jane at January 24, 2010 09:23 AM (5/yRG)

92 Most political DOJ ever?  Listen to the Biden stuff from Iraq essentially pronouncing guilt and prosecution at whatever the cost.  The decisions are Obama's but have we ever received any mea culpas from any of the pro-Holder Republicans.

Posted by: ejo at January 24, 2010 09:24 AM (fIH1p)

93 These Blackwater guys are not defendants, they are sacrifices to the Koskids, Huffingtoons, and the NY Treasons.

The moonbats need to see some Americans sacrificed as an apology for the Iraq War if they are going to follow BeeHo over the cliff.






Posted by: sifty at January 24, 2010 09:27 AM (8cCho)

94 This stupidity is characteristic of the Zero administration. Zero is destined to be the worst President in history. He is even worse than I thought he would be. A tone deaf leftist with no feeling for what is important, and what is not. A clusterfuck that will never be equalled in our lifetimes. If the country survives him, leftists will be done for for a generation.

Posted by: maddogg at January 24, 2010 09:29 AM (a5ULY)

95
Excellent Appeal a ruling against patriotic men working security detail in a war-zone, dismiss all charges against Black Panther thugs intimidating and harassing voters in an election zone. Holder should be locked in a room and the room thrown away.

Posted by: Blazer at January 24, 2010 09:36 AM (t72+4)

96

I'm getting to the point of wanting to go on the warpath against lefties for every idiotic, evil thing this administration does -- it's starting to be a temptation to go beyond the mere "kick a hippie" urge.

And no, I would never do anything -- but really, the moonbats are just as bad as the filthy neo"you know whos", just as ignorant, just as dangerous, and just as hateful of this country.  It's time to out the moonbats for the nasty little "you know whats" they really are, and I mean really out them.  I'm tired of having to play defense against their charges when they are just as treasonous, just as hateful and chauvinistic as the "you know whos".

Posted by: unknown jane at January 24, 2010 09:46 AM (5/yRG)

97 Sorry Sam,
I mis read and agree with you. My comment was meant for GM.

Posted by: nine coconuts at January 24, 2010 09:55 AM (DHNp4)

98

There's a pretty simple solution--hire the New Black Panthes as security support in Iraq and Afghanistan.

Posted by: andycanuck at January 24, 2010 10:16 AM (2qU2d)

99 Yea but they still killed all of those Na'vi on Pandora.

Posted by: Ostral B Heretic at January 24, 2010 10:19 AM (Tr9MG)

100 Joe Biden once again proves he's functionally retarded.

Posted by: Unclefacts, Summoner At Large at January 24, 2010 10:19 AM (erIg9)

101 Here at the Sifty Command Bunker, we have dropped all attempts to ignore stupid comments from friends and guests who voted for Obama. Actually kicked an asshole out of a backyard BBQ not too long ago.

It's amazing how liberating it is once you begin to speak your mind out loud and clear. It's also addictive.

My 1st Amendment muscles will never be allowed to atrophy again.

We also make a habit of loudly telling off the idiots from Greenpeace that like to beg money out in front of the Ralph's and the LA Zoo every weekend.

Until some semblance of a republic based on the US Constitution is restored, I plan to be every filthy moonbat's nightmare. Freedom means never having to quietly hang out with assholes.

Suck it, Janet.

Posted by: sifty at January 24, 2010 10:20 AM (8cCho)

102 Only problem with the black panther thing was that nobody blew their fucking heads off from a rooftop somewhere.

Posted by: Berserker at January 24, 2010 10:22 AM (gWHrG)

103 I'm going to have to take over this case since I'm a super smart lawyer and all. I'm going through the last 5 seasons of Law & Order for my research. I know I can win this if every time the judge overrules my objections I can shout "is it because I'm a lesbian?"

Posted by: Joe the Biden at January 24, 2010 10:22 AM (sYxEE)

104

In fact, it's of almost no use at all to the innocent, who necessarily do not need its protection.

I've got to disagree on this one point.  The lesson of the Scooter Libby prosecution is do not make a good faith effort to aid or answer prosecutors or federal investigators.  Decline to answer any questions until you get a lawyer and your daytimer or calendar, because we now know even getting a date wrong can send you to federal prison for perjury.

If a politically connected person like Libby and a celebrity like Martha Stewart can go to prison for process crimes unconnected to the base charge that was being investigated, you have to ask how many regular schmoes have already done so.  Prosecutors and criminal investigators are trained to trip people up, which is fine to a point, but combine that with perjury being defined as lying to law enforcement, and innocent people with no experience being on that side of the table are more likely to be tripped up than genuine criminals.

Posted by: Dave R. at January 24, 2010 10:42 AM (WRovm)

105 The logic of how a political hack like Holder with a proven track record of being a hack was going to "depoliticize" the DOJ was never explained to me.  Perhaps the R senators who voted to confirm could explain it.

Posted by: ejo at January 24, 2010 10:47 AM (/CFf8)

106 I read the decison when it was released.  I don't see where there is much grounds for appeal unless, "But we really really really want to try these guys"  is something an appeals court takes into account.  Of course I am not a lawyer so maybe I missed something in the 90 pages of the judge telling the prosecutors the fecked up and now their case is totally ruined.

Posted by: chad at January 24, 2010 10:52 AM (WNcvq)

107 What the F is wrong with these people (leaders) on the left. They should all be taken out and summarily...................never mind.

Posted by: jlfintx at January 24, 2010 10:52 AM (XIdMo)

108

They should all be taken out and summarily...

Pudding whipped?

Posted by: andycanuck at January 24, 2010 11:08 AM (2qU2d)

109 @16:
Your list is seriously deficient.

1st) Restrict political speech, restrict ‘petition for redress’ in Abomicare. Religious exemptions are minimal.
2nd) Target pistols and rifles in the hands of licensed, taxed hunters is still well over the line in his learned opinion.
3rd) Holy crap, he hasn’t found a way to diddle this one yet - unless we start thinking about ‘civilian defense forces’ that are as extensive and as well represented as our military. Mandatory volunteerism for same....
4th) Medical Records directly, but also the personal insurance mandate means they’ll be indirectly demanding physicals to add to the pile of medical records. “I’m going to search you via colonoscopy, and I don’t much give a damn about a warrant.”
5th) I think I’l do the colonoscopy again for fun. Your rates might be affected from the compelled “testimony”, and if you refuse we’ll be taking cash for public use without compensation. PS: We’re fine with harsh interrogations in civilian trials, just not in military ones involving non-citizens.
6th) Failure to meet the insurance mandate has to run afoul of either the 5th, 6th, or 7th - depending on how ‘failure to meet insurance mandate’ is classified, exactly. Currently, they have it set up through the IRS - and it would be ‘failure to pay taxes’ - a purely civil law issue. But you don’t normally have the right to a jury trial here, which seems messed up from the plain reading of the 7th.
8th) The whole thing is cruel and unusual. And an excessive fine.
9th)
10th) Various state systems obliterated by Abomicare.

Posted by: Al at January 24, 2010 11:44 AM (0lyUI)

110 What I heard was that convicting Blackwater is a bribe to the present Iraqi government to side with the USA and not, as they seem bent on doing, side with Iran.  The head of Iraq, right now, is a puppet of Iran and Biden is offering him the heads of the Blackwater guards and the overturn of our legal system.....what a sweet deal for our enemies, domestic and foreign.

Posted by: J at January 24, 2010 11:46 AM (T3/qP)

111 For those of you who think that the 5th Amendment protection against self-incrimination only benefits the guilty:

http://tinyurl.com/yjpmnjk

Innocent or guilty, you should NEVER talk to the police.  Keep your mouth shut.  Talking to them will only hurt you and can never help you.

Cops want to catch the bad guy, but if they cannot do that they'll take whoever is convenient.  Closing the case and maintaining the perception that criminals get caught and punished is the bottom line for them. 

Many of them assume that everyone is a scumbag and have no qualms about lying to send someone up the river who they have concluded are guilty of something, even if they are not guilty of the actual charges against them. 

Posted by: Lee at January 24, 2010 12:24 PM (8cnnJ)

112

Anyone know how to make it click able so you don't have to copy and paste?

After you paste the tiny url to your post, hit return and  see if the entry turns blue.  Then all we have to do is hit it.  I use internet explorer.

Also, since acceptance of the tiny url is sometimes iffy and you get the annoying message, I copy my whole entry prior to posting so I don't have to retype the damn thing.

Posted by: Ohio Dan at January 24, 2010 01:57 PM (rurh0)

113 "The Fifth Amendment right against self-incrimination applies to the guilty as much as it does the innocent. In fact, it's of almost no use at all to the innocent, who necessarily do not need its protection."

Bullshit flag on the play!  Any defense attorney, and any cop that is being honest, will tell you that an innocent man can be put away on circumstantial evidence based on how the questions are asked and how the answers are presented in a court of law to twelve people too stupid to get out of jury duty a jury of your peers.  NEVER talk to police without an attorney present, even - or maybe especially - if you are innocent!

Posted by: GreenGasEmissions at January 24, 2010 08:20 PM (xa1/W)

114 Damn, Alexthedude beat me utterly to the point, even using the same linkys.

Posted by: GreenGasEmissions at January 24, 2010 08:25 PM (xa1/W)

115

Regardintg taking the Fifth.  When the White House gate crashers were taking the fifth in Congress the other day, I heard that if they uttered one word without making the statement then they could no longer take the fifth. 

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