February 15, 2012 at 1:00 P.M. I was forced to Yahoo's home page when I signed-in at New York Public Library (Inwood) computer number #6 today. I suspect that this is part of the continuing effort to deny me access to these blogs or to prevent my writing on-line.
I will not sign-in -- or attempt to sign-in -- anywhere but at these blogs.
Continuing cyberwarfare makes writing difficult. Only one letter was altered in this text overnight. If more than two days pass without alteration in the contents of this blog or new essays being posted, it is probably against my will that I am prevented from writing. ("How censorship works in America.")
Rafael Mendes & Marlene Simons, "Spain's High Court Suspends Prominent and Divisive Rights Judge for 11 Years," in The New York Times, February 10, 2012, at p. A4.
Mary L. Dudziak, "This War Is Not Over Yet," in The New York Times, February 16, 2012, at p. A31.
Noam Chomsky, 9-11 (Berkeley: Seven Stories, 2001), entirety.
Mark Danner, Abu Ghraib: The Politics of Torture (Berkeley: North Atlantic, 2004), entirety.
"MADRID -- Spain's Supreme Court on Thursday convicted the crusading human rights judge Baltazar Garzon of illegally ordering wiretapping in a corruption case and suspended him from the court for 11 years."
Judge Garzon achieved international fame when he sought to indict Agusto Pinochet, former Chilean dictator and alleged mass murderer, for "crimes against humanity" during the General's visit to London.
The indictment effort against General Pinochet was unsuccessful, sadly, because Mr. Pinochet had many influential British friends, including former Prime Minister Margaret Thatcher. ("Menendez Charged With Selling His Office.")
Judge Garzon still faces severe criminal charges that may result in his disbarment and even more sanctions. I believe that it was a mistake to shelter Mr. Pinochet from liability. I also agree with Judge Garzon that the actions of Mr. Bush and his Vice President, Mr. Cheney, may have brought those American leaders into conflict with international human rights laws even if they do not descend to the level of General Pinochet's mass murders and "disappeared' as well as tortured political enemies.
It saddens me to realize that American political leaders may be subject to intense hatred in the world today as a result, largely, of Bush/Cheney policies that have made the U.S. a symbol of illegality in some places in the world. ("Is America's Legal Ethics a Lie?" and "American Doctors and Torture.")
I thought at the time -- when efforts to indict Bush and Cheney failed -- that Judge Garzon had sealed his fate, that his career would be destroyed by Right-wing segments of the military and politics in Spain, perhaps at the behest of the CIA and their counterparts or henchmen in Europe.
Garzon's fate was surely even more completely "sealed" when the brave judge examined the actions of Franco's fascists in his society and some crimes that could not, legally, be covered by Spain's general amnesty of 2008, nor by any statute of limitations, because they must be deemed "crimes against humanity."
This category of crimes in international law includes tortures, such as the tortures at Abu Ghraib and Guantanamo. (Again: "Is America's Legal Ethics a Lie?" and "American Doctors and Torture" then "Dehumanization" and "Torture.")
Every society defines human rights in convenient terms and applies human rights as well as legal ethics "standards" in xenophobic and hypocritical ways:
Judge Garzon was applauded in the U.S. when he sought to apply human rights laws to figures like Mr. Pinochet, who is universally reviled.
Judge Garzon's life and career were destroyed, however, when he called on Spain to examine its history and was willing to apply the same jurisprudential criteria to powerful men, such as Bush and Cheney. (Compare "Ronald Dworkin's Jurisprudence of Interpretation" with "Richard A. Posner On Voluntary Actions and Criminal Responsibility.")
Great crimes call out for punishment. In the absence of laws applied fairly to all litigants, we may expect -- whether rightly or wrongly, sanely or insanely -- more 9/11-like incidents to satisfy the human craving for recognition and resolution of pain produced by injustice or irresponsible power. ("Roberto Unger's Revolutionary Legal Theory" and "Fidel Castro's 'History Will Absolve Me.'")
I need not agree with every decision by Judge Garzon to be sure that legal scholar Phillipe Sands is correct:
"Targeting an independent judge or prosecutor [or controversial attorney?] through the criminal justice system anywhere raises very serious concerns."
The same concerns arise from politicizing the legal ethics process and corrupting courts to make them serve the interests of "bosses" acting from behind the scenes upon the judicial process. ("New Jersey's 'Ethical' Legal System.")
Loss of judicial independence in the U.S. since 9/11 is frightening because it deprives populations of the only equalizing institution of government -- courts where litigants are treated as equals before the law, regardless of power or lack of influence, wealth or absence of wealth, race, creed, gender or sexual-orientation. ("Law and Ethics in the Soprano State" and "Is Senator Menendez 'For' Human Rights?")
The low-point with regard to this issue may be the Supreme Court's flawed decision in Citizens United that has the effect of depriving ordinary persons of speech-based power by granting so-called "equal" free speech "rights" to wealthy corporations that may dominate the air waves most UNEQUALLY.
It is incumbent on those of us trained in law and philosophy to speak out on questions of fundamental human rights, independence of courts, legal ethics, corruption and injustice even if we recognize that we may have to pay a great personal price for doing so. ("What is it like to be tortured?" and "Psychological Torture in the American Legal System" then "An Open Letter to My Torturers in New Jersey, Terry Tuchin and Diana Lisa Riccioli.")
The regime of international law -- true legality -- is the only alternative to terrorism and criminal warfare.
Judges must be independent and as apolitical as possible in interpreting and applying our laws. ("What is Law?" then "The Critical Legal Studies Movement.")
The human need for justice will be satisfied either through laws or bloodshed.
I can only hope that it will be only through laws that people will bring about the more just social order that we desire and expect. ("Manifesto for the Unfinished American Revolution.")
I am told that -- for many persons in lots of places in the world -- I am regarded as very much like Judge Garzon.
I am deeply flattered by the highly apt comparison and will continue to struggle for the truth in America. I also hope to see corrupt and criminal lawyers and officials -- such as Mr. Menendez -- prosecuted for their many crimes while demanding the "facts" from New Jersey as concerns my life.
Sources:
New York & the World:
Salman Masood, "Rejecting Appeal, Pakistani Court Says Premier Must Face Charges," in The New York Times, February 11, 2012, at p. A4. (I am rooting for the courts in this struggle.)
Alissa J. Rubin & Jarwad Sukhangar, "Informer Misled NATO in Airstrike That Killed 8 Civilians, Afghans say," in The New York Times, February 11, 2012, at p. A9. (Chaos has come again. Taliban news conferences, which can no longer be disrupted by coalition forces, were shown on Al Jazeera to feature bombing raids that had killed children in Taliban territory. No one believes that bombings of Afghan or Pakistani civilians are "errors.")
Jim Yardley, "Clashes Continue in Maldives as the Former President Takes Part in a March," in The New York Times, February 9, 2012, at p. A7. (The removal of the climate-conscious president may have been orchestrated by the CIA. The president of the maldives was removed from office, illegally, and is now incarcerated because his environmental policies "adversely affected" American corporations.)
"The House's Less Persuasive Ban On Insider Trading," (Editorial) in The New York Times, February 9, 2012, at p. A23. (Senator Bob may continue engaging in insider trading even if this practice violates ethics rules for New Jersey lawyers. "New Jersey's 'Ethical' Legal System" and "New Jersey's Office of Attorney Ethics" then "Judges in Bayonne, New Jersey Protect Child Molesters.")
Declan Walsh, "Court Challenges Put Unusual Spotlight on Pakistan Spy Agency," in The New York Times, February 7, 2012, at p. A4. (The Pakistanis object to losing $69 BILLION from their economy, loss of 3,000 civilian lives, and much worse in furtherance of the U.S. struggle against so-called "militants" which is creating MORE militants.)
"Killing in Syria," (Editorial) in The New York Times, February 7, 2012, at p. A31. (We must join the Syrian people in opposing the crimes against humanity of the current regime. UN action is more likely if some entity other than the U.S. calls for such action, perhaps the Arab League.)
AP, "50 Years After Kennedy's Ban Embargo on Cuba Remains," in The New York Times, February 8, 2012, at p. A8. (Atrocity and crimes against humanity includes not only crimes in Syria, but also the robot bombs in Pakistan; starvation and maiming of children in Iraq resulting from the U.S. war effort; suicide bombs and soldiers urinating on corpses in Afghanistan; also "cruel and unjust" embargos that starve old people and children in Cuba who are forced into impoverishment. For as long as I live and I am able to do so, I will speak out against this evil. All of the member states of the UN have condemned the embargo, except for Israel, which cannot vote against the United States position. Legal authorities have concluded that the embargo violates human rights laws.)
New Jersey's Disaster:
Jeff Pillets, "Lobbyist Testifies On How En Cap Got Breaks and Money: Says 'Friendly' Lawmakers Played Role," in The Record, February 8, 2012, at p. A-3. (De Cotiis, Fitzgerald, Wisler, Esqs. wrote "prepared" laws or amendments that were steered to friendly lawmakers for the "benefit" of En Cap and its parent company at the taxpayers' expense: "New Jersey's Politically Connected Lawyers On the Tit" and "Corrupt Law Firms, Senator Bob, and New Jersey Ethics" then "Erik Wisler, Esq. is an Ethical New Jersey Attorney.")
Erik Shilling, "Wallington Man Held On Child Porn Charges," in The Record, February 7, 2012, at p. L-3. (James Rowal, 35, possessed and may have distributed Internet child porn. The investigation is "ongoing.")
Jenna Portnory, "Christie Wants Teachers [sic.] Union Official to Quit," in The Star Ledger, February 9, 2012, at p. 23. (New Jersey's Governor called on VINCENT GIORDANO -- who denies all underworld affiliations -- to resign after his comment that "life is not always fair" as a reaction to disparate educational opportunities for the poor and minority children. Mr. Giordano is the Executive Director of the state's largest teachers' union and is affiliated with Richard J. Codey, allegedly.)
David Giambusso, "Watershed Director Paid Ex -- $16K to Design Offices for MUA That Never Was," in The Star Ledger, February 9, 2012, at p. 23. ($16,000 for nice offices for a prospective new agency of a government entity that never came into being. The renovations were performed by "Edit Interiors," which is co-owned by the former husband of Linda Watkins, Director of the Newark Watershed Conservation and Development Corporation.)
Christopher Baxter, "Ex-State Worker Admits to Theft," in The Star Ledger, February 9, 2012, at p. 17. (Shanon Caldwell, Esq., 58, of Trenton, former financial analyst for the State Department of Labor -- not the OAE? -- pleaded guilty to stealing $18,500 by issuing unauthorized government checks, some of which must have gone to political officials through "intermediaries" in order for this scam to continue as long as it did. Another New Jersey lawyer on the ethics committee, perhaps?)
AP, "Ex-Bank Employee Charged With Fraud," in The Star Ledger, February 9, 2012, at p. 17. (Karen Febles, 47, of Palisades Park, New Jersey is charged with bank fraud -- Ms. Kriko? -- resulting in theft of $1.8 MILLION from a retired bank executive's account. This defendant may have been a lawyer in the Garden State. Allegations that some of this loot flowed to Senator Bob Menendez can not be confirmed at this time: "Senator Bob, the Babe, and the Big Bucks" and "Does Senator Menendez Have Mafia Friends?" and "Is Menendez For Sale?")
Megan DeMarco, "New Jersey Goal: Less Bureaucracy, More Business," in The Star Ledger, February 9, 2012, at p. 21. (Irony? A government commission -- according to Kim Guardagno, consiglieri to Governor Christie -- will spend millions to determine how to save public money. How about getting rid of this commission?)
Jenna Portnoy & Christopher Baxter, "Christie: Dems Can't See Kwon's Tax Returns," in The Star Ledger, February 9, 2012, at p. 23. (Democrats are looking for dirt on nominee Kwon. The Knicks want to know whether Mr. Kwon can play guard like Mr. Lin. The Trenton Supreme Court is Democrat turf. Rabner is their boy. The basketball court is Mr. Lin's turf. Mr. Kwon plays tennis. "They don't want none of these Republican new guys in the judiciary." Jeez.)
Patricia Alex, "UMDNJ Debt Raises Red Flag: Negative Rating May Hinder N.J.'s Planned Overhaul," in The Record, February 9, 2012, at p. A-1. (A hospital with a sordid history of corruption burdened with $668 MILLION in debt receives a negative rating as to services and finances. Congratulations. There are new allegations of "missing" money at UMDNJ. Now they will be starting a medical school to scam money from unsuspecting residents of New Jersey.)
Peter J. Sampson, "Pal Park Woman Held in $1.8 Million Fraud," in The Record, February 9, 2012, at p. A-1. (Garcia & Kriko, Esqs.?)
Christina Hoag & Greg Risling, "200 More Photos of Kids Are Found in Lewdness Case -- Teacher Allegedly Gave Cards and Gifts," in The Record, February 9, 2012, at p. A-7. (Allegedly, members of a network trading in such images are found in New Jersey's soiled government, courts, and schools: "New Jersey's Child Sex Industry" and "Neil M. Cohen, Esq., and Conduct Unbecoming to the Legislature in New Jersey.")
