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R.I.P. Due ProcessFollow

#1 Oct 08 2012 at 7:51 AM Rating: Decent
Imaginary Friend
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The Bow is Bent
http://images.politico.com/global/2012/10/indefdetnappealscourtstay.pdf

The Arrow Flies
http://www.emptywheel.net/wp-content/uploads/2012/09/ndaaca2tempord.pdf

No, it Soars
http://www.scribd.com/doc/105774648/NDAA-Ruling

For those of you who don't like reading and/or links; the NDAA which was ruled unconstitutional not long ago is being let off it's leash. ..The judges order had been appealed by the Obama administration and another judge approved the appeal to indefinitely suspend the prior ruling. I'm betting on who appointed that judge too..

..1 degree at a time

interesting times ahead.






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#2 Oct 08 2012 at 8:28 AM Rating: Decent
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I liked this part:

Quote:
In its May 25, 2012, motion for reconsideration, the Government put forth the qualified position that plaintiffs’particular activities, as described at the hearing, if described accurately, if they were independent, and without more, would not subject plaintiffs to military detention under § 1021. The Government did not--and does not--generally agree or anywhere argue that activities protected by the First Amendment could not subject an individual to indefinite military detention under§ 1021(b)(2). The First Amendment of the U.S. Constitution provides for greater protection: it prohibits Congress from passing any law abridging speech and associational rights. To the extent that § 1021(b)(2) purports to encompass protected First Amendment activities, it is unconstitutionally overbroad.


But then in the latest decision:

Quote:
First, in its memorandum of law in support of its
motion, the government clarifies unequivocally that, "based on
their stated activities," plaintiffs, "journalists and
activists[,] . . . are in no danger whatsoever of ever being
captured and detained by the U.S. military."


OH RIGHT. Because the government SAYS SO, it's totally cool. Smiley: thumbsup

Even more interesting...

Quote:
Third, the language of the district court's injunction appears to go beyond
NDAA § 1021 itself and to limit the government's authority under
the Authorization for Use of Military Force, Pub L. 107-40, 115
Stat. 224 (Sept. 18, 2011).


Ahh, so the other stuff is just fluff. The real gotcha here is that the original injunction was too broad. I hope those ******* get it right on the appeal...
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#3 Oct 08 2012 at 8:33 AM Rating: Excellent
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I'm betting on who appointed that judge too..

It was an appeals court so it was a panel of judges:

Denny Chin - Clinton
Raymond Lohier - Obama
Christopher Droney - Originally appointed as a federal judge by Clinton, appointed for Appeals judge by Obama

Edited, Oct 8th 2012 9:35am by Jophiel
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#4 Oct 08 2012 at 8:47 AM Rating: Good
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Silly liberal judges, you're supposed to rubber stamp everything.
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#5 Oct 08 2012 at 9:00 AM Rating: Good
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No standing. The only surprise is the stay ever being granted. Let me know when there's an actual case and I'll be concerned.
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To make a long story short, I don't take any responsibility for anything I post here. It's not news, it's not truth, it's not serious. It's parody. It's satire. It's bitter. It's angsty. Your mother's a *****. You like to jack off dogs. That's right, you heard me. You like to grab that dog by the bone and rub it like a ski pole. Your dad? ***. Your priest? Straight. **** off and let me post. It's not true, it's all in good fun. Now go away.

#6 Oct 08 2012 at 3:43 PM Rating: Good
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All I can say is that Judge Forrest's definition of "strikingly different" in the NY district court ruling is, well, "strikingly different" than most people's. I am also puzzled at the standing question. Regardless of what you think of the relatively minor addition of the phase "laws of war" in the NDAA, the section in question clearly states it only applies to "covered persons", which is explicitly defined as:

Quote:
(b) COVERED PERSONS. -- A covered person under this section is any person as follows:(1) A person who planned, authorized, committed, or aided the terrorist attacks that occurred on September11, 2001, or harbored those responsible for those attacks.


Unless the plaintiffs are claiming that they fall into that category, I'm not sure how they can claim standing to sue over the change in the law that only applies to people in that category.

Even beyond that, the ruling itself is a mess of unconnected bits. Haven't read the whole thing, but I haven't been able to find a coherent reason behind the ruling at all. I guess you could point to it as a broad question about government power with regard to military action, national defense, etc. But that's not new. The ruling seems to rest on the somewhat absurd idea that our government can't take any national defense action unless there's an explicitly written law that has a complete list of every action it may take and every situation under which it may take it. The unfortunate reality is that there must be some degree of vagueness in our national defense rules, else it ceases to be effective against any situation which we have not predicted and written an authorization for. And while such vagueness absolutely has resulted in abuses in the past (and certainly will in the future), it's a necessary evil. Keep an eye on it, call foul when abuses happen, but don't try to over regulate the whole thing IMO.

Edited, Oct 9th 2012 2:17pm by gbaji
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#7 Oct 08 2012 at 4:26 PM Rating: Decent
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That's right, you neocons, down with regulations!


/I keed, I keed
//maybe
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#8 Oct 09 2012 at 10:22 AM Rating: Decent
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Does not history, evidence, and logic dictate that rulers will do everything that they can at all times to encroach upon freedoms?
Government should never ever ever be trusted.. and must constantly be scrutinized for this very reason.. but apparently people have forgotten what area to scrutinize because they have been made to waste time arguing over which side of the coin is better.. It's the same story of setting one half of the populace to squabble with the other while the real crimes being perpetrated are never really realized.

How can anyone think that the government's natural and most likely course of action is to suppress people to the Nth degree... It is a simple fact like gravity pushes mass down as far as it can... like water trickles downhill... people will try to control each other and a natural sociological pyramid-scheme erupts in the form of an oligarchy that we see revealing itself today.
Oligarchy of what? Of the richest people on the planet.. and this day and age is different than any other because we are now on a global scale.. so this isn't simply a matter of history repeating itself... this is a matter of history just being comprised of macroscopic precursors to what is coming.
We cannot even blame federal government... there is no federal government.. it is the Big Banker government and it's here to stay no matter who you vote for.. It is all written and it is all orchestrated... Crony politics... Revolving doors... Federal FOREIGN Reserve Bank leeching us dry and the quality of everything drops to dust.. but hey.. at least the whole country's highway system is getting a makeover... even as the people are being bled and bred into docile drugged drones.. Happy happy times!
Rest assured our children will live in even more interesting times than we are.

good luck, folks!

Edited, Oct 9th 2012 12:23pm by Kelvyquayo
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#9 Oct 09 2012 at 10:24 AM Rating: Excellent
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even as the people are being bled and bred into docile drugged drones

On the plus side, political alliteration is at all time highs.
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Wow. Regular ol' Joph fan club in here.
#10 Oct 09 2012 at 11:10 AM Rating: Good
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Jophiel wrote:
Quote:
even as the people are being bled and bred into docile drugged drones

On the plus side, political alliteration is at all time highs.


Stream of consciousness monologuing is up this quarter, too.
#11 Oct 09 2012 at 11:16 AM Rating: Decent
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Does not history, evidence, and logic dictate that rulers will do everything that they can at all times to encroach upon freedoms?


Wow, does being born again mean you have to burn Strunk and White?

"*Do* history, evidence, <yay oxford comma> and logic *not*...."
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Disclaimer:

To make a long story short, I don't take any responsibility for anything I post here. It's not news, it's not truth, it's not serious. It's parody. It's satire. It's bitter. It's angsty. Your mother's a *****. You like to jack off dogs. That's right, you heard me. You like to grab that dog by the bone and rub it like a ski pole. Your dad? ***. Your priest? Straight. **** off and let me post. It's not true, it's all in good fun. Now go away.

#12 Oct 09 2012 at 11:18 AM Rating: Decent
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Oligarchy of what? Of the richest people on the planet.. and this day and age is different than any other because we are now on a global scale.. so this isn't simply a matter of history repeating itself... this is a matter of history just being comprised of macroscopic precursors to what is coming.
We cannot even blame federal government... there is no federal government.. it is the Big Banker government and it's here to stay no matter who you vote for.. It is all written and it is all orchestrated... Crony politics... Revolving doors... Federal FOREIGN Reserve Bank leeching us dry and the quality of everything drops to dust.. but hey.. at least the whole country's highway system is getting a makeover... even as the people are being bled and bred into docile drugged drones.. Happy happy times!


*Checks watch*. We should be getting to "The Jews run everything" in about 9 minutes.
____________________________
Disclaimer:

To make a long story short, I don't take any responsibility for anything I post here. It's not news, it's not truth, it's not serious. It's parody. It's satire. It's bitter. It's angsty. Your mother's a *****. You like to jack off dogs. That's right, you heard me. You like to grab that dog by the bone and rub it like a ski pole. Your dad? ***. Your priest? Straight. **** off and let me post. It's not true, it's all in good fun. Now go away.

#13 Oct 09 2012 at 11:22 AM Rating: Excellent
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Eske Esquire wrote:
Jophiel wrote:
Quote:
even as the people are being bled and bred into docile drugged drones

On the plus side, political alliteration is at all time highs.


Stream of consciousness monologuing is up this quarter, too.


Well okay sure, when in Rome or something...

Kelvyquayo wrote:
Revolving doors...


Seriously, why do people fail so hard at these? I know it's a pain to put down your smart phone for 10 seconds to navigate the doorway, but some of us would prefer not to be trapped waiting for you to post your critique of your sister-in-laws choice of lunch. You know, most normal people would realize it's difficult to move the door with both hands on your iphone. I guess your didn't get the word though, rumor has it there's not an app for that yet so I'm not surprised. But hey whatever, take your time, we're obviously not going anywhere. Smiley: rolleyes

Smiley: disappointed


Edited, Oct 9th 2012 10:23am by someproteinguy
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#14 Oct 09 2012 at 11:24 AM Rating: Good
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someproteinguy wrote:
Kelvyquayo wrote:
Revolving doors...
Seriously, why do people fail so hard at these? I know it's a pain to put down your smart phone for 10 seconds to navigate the doorway, but some of us would prefer not to be trapped waiting for you to post your critique of your sister-in-laws choice of lunch.
Push your door. They'll get the hint.
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#15 Oct 09 2012 at 11:31 AM Rating: Excellent
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lolgaxe wrote:
someproteinguy wrote:
Kelvyquayo wrote:
Revolving doors...
Seriously, why do people fail so hard at these? I know it's a pain to put down your smart phone for 10 seconds to navigate the doorway, but some of us would prefer not to be trapped waiting for you to post your critique of your sister-in-laws choice of lunch.
Push your door. They'll get the hint.

You'd think so, but results seem to be mixed. End up with "Oh, sorry" and then the behavior repeats. Maybe if I wasn't so nice I'd push harder, but it's so hard to build up momentum with those things.Smiley: frown
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#16 Oct 09 2012 at 11:48 AM Rating: Good
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someproteinguy wrote:
lolgaxe wrote:
someproteinguy wrote:
Kelvyquayo wrote:
Revolving doors...
Seriously, why do people fail so hard at these? I know it's a pain to put down your smart phone for 10 seconds to navigate the doorway, but some of us would prefer not to be trapped waiting for you to post your critique of your sister-in-laws choice of lunch.
Push your door. They'll get the hint.

You'd think so, but results seem to be mixed. End up with "Oh, sorry" and then the behavior repeats. Maybe if I wasn't so nice I'd push harder, but it's so hard to build up momentum with those things.Smiley: frown
Just keep pushing and push harder when they're trying to get out. Maybe, with some luck, you'll get one of them caught between the door and the entrance and smash their face in.
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#17 Oct 10 2012 at 7:47 AM Rating: Good
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Revolving doors clearly were not designed with the modern communicator in mind. They should have a foot mechanism that moves them.

As a kid I only encountered revolving doors when we'd make our annual trek to downtown Minneapolis at Christmas time. I loved them.

Kelvy - it was just an acorn.
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#18 Oct 10 2012 at 7:51 AM Rating: Good
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You can always place your foot against the back and let them smash themselves when they finally start moving again.
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#19 Oct 11 2012 at 4:15 PM Rating: Default
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Quote:
Wow, does being born again mean you have to burn Strunk and White?

"*Do* history, evidence, <yay oxford comma> and logic *not*...."


Aw man. That was my edit. I added history and evidence to the line and forgot to make the appropriate modifier.. :(
I hope you get all of the vomit off of your screen. I'll pay for it if you want! :)

Smasharoo wrote:

Oligarchy of what? Of the richest people on the planet.. and this day and age is different than any other because we are now on a global scale.. so this isn't simply a matter of history repeating itself... this is a matter of history just being comprised of macroscopic precursors to what is coming.
We cannot even blame federal government... there is no federal government.. it is the Big Banker government and it's here to stay no matter who you vote for.. It is all written and it is all orchestrated... Crony politics... Revolving doors... Federal FOREIGN Reserve Bank leeching us dry and the quality of everything drops to dust.. but hey.. at least the whole country's highway system is getting a makeover... even as the people are being bled and bred into docile drugged drones.. Happy happy times!


*Checks watch*. We should be getting to "The Jews run everything" in about 9 minutes.


No; the Bankers not the Jews..
Let's break it down:
Oligarchy is maybe a bit light. How about global totalitarian police state?
CHECK http://www.un.org/esa/dsd/agenda21/

Richest people on planet getting together every few years to decide the fate of the plebs and the proles?
CHECK http://www.bilderbergmeetings.org/index.php

Precursors to a larger tribulation?
CHECK http://www.alt-market.com/articles/1003-the-history-of-dhs-ammunition-purchases
and
CHECK http://www.aclu.org/free-speech-technology-and-liberty-womens-rights/newborn-dna-banking
and
CHECK http://www.nytimes.com/2012/10/12/world/middleeast/syria.html?_r=0
ET CETERA ET AL

No Federal government?
There's a big CHECK http://www.youtube.com/watch?v=CS1dAodhUu0

Big banker government?

BOYAH! https://www2.optimalblue.com/qe-unlimited/

Revolving doors?

Well ok not in Boston apparently.. according to SOME people of a cheesier persuasion <.<

uhh Foreign Federal Reserve?
well - http://www.globalresearch.ca/why-qe2-failed-the-money-all-went-offshore/
and - http://www.sanders.senate.gov/newsroom/news/?id=9E2A4EA8-6E73-4BE2-A753-62060DCBB3C3
and - http://www.zerohedge.com/article/fed-releases-details-secret-855-billion-single-tranche-omo-bailout-program-just-another-fore

People being bred into drones?
Check - http://www.google.com/hostednews/ukpress/article/ALeqM5ibDGZCWWRp7xcFf8MWRm1bG6Uz7g?docId=N0023921349285680612A
and Check - http://perezitos.com/category/honey-boo-boo/


Just because you're paranoid..

Edited, Oct 11th 2012 6:16pm by Kelvyquayo
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#20 Oct 11 2012 at 5:44 PM Rating: Decent
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Elinda wrote:
Revolving doors clearly were not designed with the modern communicator in mind. They should have a foot mechanism that moves them.

As a kid I only encountered revolving doors when we'd make our annual trek to downtown Minneapolis at Christmas time. I loved them.

Why hasn't our very own Revolving Door Inspector weighed in on this discussion?
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we all know liberals are well adjusted american citizens who only want what's best for society. While conservatives are evil money grubbing scum who only want to sh*t on the little man and rob the world of its resources.
#21 Oct 11 2012 at 6:04 PM Rating: Good
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Quote:
No; the Bankers not the Jews..


I don't think I understand.
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#22 Oct 12 2012 at 7:46 AM Rating: Good
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Kelvyquayo wrote:
People being bred into drones?
You're a fine example of that.
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I think it’s the duty of the comedian to find out where the line is drawn and cross it deliberately.
#23 Oct 12 2012 at 7:58 AM Rating: Excellent
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We need more drones to launch at Pakistan and, if we have a way to convert humans into flying death machines, I say we go for it.
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Wow. Regular ol' Joph fan club in here.
#24 Oct 12 2012 at 8:01 AM Rating: Excellent
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Strap a few pounds of C4 and nails ala Jihad on some lifers and get some giant catapults.
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#25 Oct 12 2012 at 9:16 AM Rating: Excellent
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Loved it. Smiley: inlove

Smart people don't feed their kids as much fast food, and their kids are smart too. So if we want to make dumb kids smart we should obviously feed them less fast food...

Science! Smiley: schooled
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#26 Oct 15 2012 at 2:18 PM Rating: Decent
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someproteinguy wrote:


Loved it. Smiley: inlove

Smart people don't feed their kids as much fast food, and their kids are smart too. So if we want to make dumb kids smart we should obviously feed them less fast food...

Science! Smiley: schooled


It's good enough for the First Lady, so it ought to be good enough for us!
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