THE OTHER SHOE DROPS: Updates To Previous Posts

Is This Why We Fight? (second item): One of the many iterations of the Bush Doctrine has it that the U.S. invaded Iraq to oust sadistic strongman Saddam so that democracy can flower in the country, setting an example for other oppressed Muslims throughout the Middle East. Whatever else our men and women in uniform accomplished in Iraq over the past five years, this Washington Post article makes it painfully clear that it wasn’t establishing a democracy:

 

Hawjin Hama Rashid, a feisty journalist in bluejeans and a frilly blouse, had come to the morgue in this Kurdish city to research tribal killings of women. "A week doesn't pass without at least 10," the morgue director said, showing Rashid pictures of corpses on his computer screen. …

 

From the southern port city of Basra to bustling Irbil in northern Iraq, Iraqi activists are trying to counter the rising influence of religious fundamentalists and tribal chieftains who have insisted that women wear the veil, prevented girls from receiving education and sanctioned killings of women accused of besmirching their family's honor.

 

In their quest for stability in Iraq, U.S. officials have empowered tribal and religious leaders, Sunni and Shiite, who reject the secularism that Saddam Hussein once largely maintained. These leaders have imposed strict interpretations of Islam and enforced tribal codes that female activists say limit their freedom and encourage violence against them.

 

"Women are being strangled by religion and tribalism," said Muna Saud, a 52-year-old activist in Basra.

 

The activists' struggle is part of a broader battle over the identity of a nation in transition. Driving the debate are questions central to Iraq's future: What role should Islam play in government, politics and society? And to what extent should Western attitudes and ideas influence the country?

 

"Without changing the way society thinks, changing laws on paper is useless," Rashid said. …

 

Rashid has received numerous death threats. In an e-mail, someone threatened to rape her for being un-Islamic. When Rashid complained, a police officer told her to stop fighting for women's rights.

 

 

Give KSM What He Wants: When Khalid Sheik Mohammed was arraigned in June on charges relating to the September 11, 2001 terrorist attacks, the ACLU condemned the proceedings and said that the Guantánamo detainees were justified in refusing to participate in their trials by accepting legal representation. KSM – who takes credit for being the “mastermind” of the plot - and four other alleged al-Qaeda co-conspirators have stated in writing that they plan to plead guilty before a U.S. military tribunal, reports The Washington Post:

 

Khalid Sheik Mohammed and his four co-defendants reached an agreement to "announce our confessions and plea in full," according to a document read aloud in court by Col. Stephen Henley, the military judge presiding over a war crimes case against the men. …

 

Henley said without elaborating that he would not accept any guilty pleas during the hearings scheduled this week. He said he would question the five to make sure they understand the consequences of their decision.

 

In a note that Henley read aloud, the defendants said, "We all five have reached an agreement to request from the commission an immediate hearing session in order to announce our confessions." They said they were not under "any kind of pressure, threat, intimidations or promise from any party."

 

The five said they wanted to plead guilty and withdraw all pending motions filed by their military-appointed lawyers. …

 

Henley questioned whether he was legally allowed to accept a guilty plea in a capital case under the law governing the Guantanamo military tribunals. If the defendants are allowed to plead guilty, the case would still be subject to several automatic appeals, meaning that any death sentence likely would not be carried out for years, Reuters news agency reported.

 

KSM has stated his desire for “martyrdom” at the hands of military executioners - the American synonym is “justice” – and apparently fears that before his dreams of cavorting with virgins in heaven can come true, Barack Obama will close the detention facility when he becomes president. But the wheels of military justice grind as exceedingly slowly as civilian justice and the question of martyrdom will likely be moot, reports The Boston Globe:

 

If accepted by the presiding judge, the confessions could give family members of the victims some closure before Bush leaves office and avoid a lengthy trial that military prosecutors fear might compromise classified evidence and intelligence sources.

 

"A guilty plea is the best outcome," said David B. Rivkin, a former Justice Department lawyer and a partner at Baker Hostetler in Washington who has testified before Congress on detention policy. "Whatever their motivations might be, they are confessing. … Who can seriously be unhappy with that?" …

 

But longtime opponents of the Guantanamo Bay detention facility said that allowing the men to be executed after a process that legal scholars have widely criticized as unfair would be a public relations victory for Al Qaeda. …

 

Defendants in death penalty cases cannot waive their right to appeal, according to the Military Commissions Act of 2006, which set up the current system of trials at Guantanamo Bay.

 

Here’s the kicker: Should the death penalty be imposed on KSM or any of his co-conspirators, it will be left to President Obama to approve it being carried out.

 

 

Your Bonus: $0. Continued Employment: Priceless.: NY Attorney General Andrew Cuomo sent a letter to Merrill Lynch & Co.’s board of directors noting that in light of the investment bank's $11 billion losses this year, reports that CEO John Thain and other executives are seeking hefty bonuses – as much as $10 million in Thain’s case - is “nothing less than shocking,” reports The Wall Street Journal.

 

The Journal quotes these juicy excerpts from Cuomo’s letter:

 

“Indeed, Merrill's decision to be taken over by Bank of America seems to have been the only thing that saved Merrill from collapse. Clearly, the performance of Merrill's top executives throughout Merrill's abysmal year in no way justifies significant bonuses for its top executives, including the CEO.”

 

"In this new environment, it is vital that boards of directors demonstrate independence and complete devotion to corporate responsibility. It is imperative that Merrill's board prevent wasteful expenditures of corporate funds on outsized executive bonuses and other unjustified compensation. My concern is in no way meant to be a comment on any individual's personal capacity or conduct, but rather is based on an institutional and policy concern."

 

"Paying executives at Merrill millions each in "performance" bonuses in this context would be oxymoronic to say the least, and certainly a thumb in the eye to taxpayers," Mr. Cuomo said.

 

Apparently, Cuomo’s missive persuaded Merrill’s Thain to bow to the demands of decency and give up his 2008 bonus. Ditto, Morgan Stanley CEO John Mack, who had also given up his 2007 bonus. Reports The Journal:

 

Morgan Stanley co-presidents Walid Chammah and James Gorman also will get no 2008 bonus, according to a company memo. In addition, Morgan Stanley will slash compensation for its top 35 executives by about 65%, with the top 14 taking an average 75% cut. It is also launching a program in which the company could "claw back" bonus payments later if an employee causes big losses or other damage. UBS AG made a similar move on clawbacks last month, and some think the bonus feature will grow more popular as Wall Street firms focus on reining in risk.

 

The moves by Merrill and Morgan Stanley essentially mark the end of an era for giant CEO bonuses on Wall Street, at least until the next bull market.

 

 

Is Kozinski The Victim Of A Vendetta?: The Los Angeles Times has the scoop of the century: Ninth U.S. Circuit Court of Appeals Chief Judge Alex Kozinski used to circulate jokes of questionable taste and unmistakable political incorrectness to a private E-mail list called the EZ Rider Gag List (note to MSM: it’s not “Easy Rider” like the movie):

 

On the gag list, Kozinski periodically distributed jokes to a group of friends and associates, including his law clerks, colleagues on the federal bench, prominent attorneys and journalists. The jokes he sent ranged from silly to politically oriented to raunchy. …

The Times was given 13 jokes by three sources that were circulated on the gag list between 2003 and 2008.

One joke sent last spring poked fun at the Taliban, stating, "You may be a Taliban if . . ." any of the following 12 statements are true. Among the statements: "You own a $3,000 machine gun and $5,000 rocket launcher, but you can't afford shoes" and "You wipe your butt with your bare left hand, but consider bacon 'unclean.' " …

Mark Holscher, the judge's attorney, said the sample of sexually themed jokes provided to The Times "distorts the nature of what was sent to the gag list."

"Even if some could regard this material as offensive, it is irrelevant to Judge Kozinski's ability to fairly decide the cases before him or any of his other duties" as chief judge of the 9th Circuit Court of Appeals, Holscher said. …

Arthur Hellman, a University of Pittsburgh law professor who is an expert on the 9th Circuit and judicial ethics, said in his opinion, Kozinski's distribution of some of the more objectionable jokes may have violated an ethical canon that prohibits judges from engaging in social activities that "detract from the dignity of the judge's office."

 

This is news? The EZ Rider Gag List was an open secret - The Stiletto wrote about it back in June. So what’s the issue, here? That if you enjoy a good fart joke you’re not “dignified” enough to be a jurist? The Stiletto emphatically rejects the proposition (second item).

BTW: The Stiletto finds it ironic that LAT won’t let go of this bone, considering that the bankrupt paper’s owner, Sam Zell, gave reporters permission* to “watch porn all day at their desk” – as long as they also crank out articles and let him know “if you find any good sites.” The Stiletto has it on good authority that watching porn all day at their desks is pretty much how many journalists spend their time.

 

[*Hat Tip: The Heel, an Ivy-educated attorney with a prestigious New York firm, and occasional contributor to this blog.] 

 

 

Updates To Previous Posts (second item, Craig, Constituents Clash): The MN state Court of Appeals rejected Sen. Larry Craig's (R-ID) effort to withdraw his August 2007 guilty plea on disorderly conduct charges, after he was caught in an undercover sex sting in a bathroom at the Minneapolis airport, reports The Washington Post. Craig continues to insist that he is innocent, and said he may consider appealing to the MN Supreme Court.



Updates To Previous Posts (second item, Is Obama’s Birth Certificate Fake?): The Supreme Court rejected without comment an emergency petition by attorney Leo Donofrio of East Brunswick, NJ, that challenges Barack Obama’s eligibility to serve as president on the grounds that he is not a “natural born” citizen, because his father was a British subject and baby Barack therefore had dual citizenship, reports The Associated Press. On November 3rd, Justice David Souter turned down a petition for a writ of certiorari, submitted by PA attorney Philip J. Berg to review a lower court decision dismissing his own citizenship suit against Obama. Berg has another appeal pending at the high court.



Updates To Previous (second item, The Keystone Kops Are Enforcing U.S. Immigration Laws): Several months ago, a Government Accountability Office (GAO) investigation involving someone pretending to smuggle a dirty bomb across the Canadian border into the U.S. found that the fake terrorist was not intercepted or caught by Border Patrol in any of the simulations. The federal government has announced that it now has enough Predator drones to start patrolling the northern border with the unmanned aircraft – at least that 300-mile stretch of it between Grand Forks, ND and Canada, reports The New York Times:

 

The plane, which can go 260 miles per hour and fly as high as 50,000 feet, can stay aloft for 18 hours. The first missions, designed to help spot people crossing the border illegally or avoiding ports of entry, are expected to start next month.

 

Similar aircraft have patrolled the nation’s southern border since 2005, where they have helped lead to the discovery of more than 18,000 pounds of marijuana and 4,000 illegal immigrants, a spokesman for the agency said. …

 

Along the entire northern border, Customs and Border Protection officials make about 4,000 arrests and intercept about 40,000 pounds of illegal drugs each year.

 

 

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  • December 10, 2008 lemonfemale wrote:
    Actually, I would prefer a judge who could laugh at a fart joke. Better jackasses than pompous asses deciding matters important to me.

    PS. Did you hear about the man who drowned in a vat of Guiness? His wife upon being told of his demise tearfully expressed the hope that he had at least passed quickly. "Actually no," was the reply. "He had to get out three times to pee."

    Reply to this

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