Table of Contents (Paragraph No.)
I.
Idea for a Presidential Debate…1
II.
Right to Commence a Civil
Action with the Court of International Trade…6
III.
In
Defense of Human Rights…10
IV.
$97,500 Evolving Standard of Decency…20
V.
On Humor and Scienter…31
VI.
Commanders in Chief…37
VII.
$11,500 FISA Policy on Spying…43
VIII.
American Economic Development in an Election Year…52
IX.
Due
Process…59
Reports
1. Abrashi,
Fisnik. Obama Begins First Inspection of Iraq. AP. July 21, 2008…41
2. Abrashi,
Fisnik. Obama Meets with Troops, Afghan Leader. AP. July 20, 2008…38
3. AP. Iraqi
Premier Says US Should Leave Soon. July 19, 2008…41
4. Baker, Deborah.
Judge Rejects 'Obscene' Name
Change. AP. June 28, 2008…29
5. Buchanon, Patrick J. Where the Ducks Are. Human Events. July 22, 2008…53
6. CNN. Misunderstanding
Leaves 9 Dead in Afghan Airstrike. July 20, 2008…38
7.
Council of the European Union. Declaration by the Presidency on behalf of the EU
concerning the
resumption
of executions in the USA.
Brussels, 14
May 2008…37b
8. FBI. Serial
Murders: Multidisciplinary Perspectives for Investigators by the Behavioral
Analysis Unit
of the National
Center for the Analysis of Violent
Crime of August 29
– September 2, 2005…31
9. Guzik,
Sam. A Sobering Reality: America Slips in Global Ranking. July 17, 2008
www.measureofamerica.org...52
10. Health08.org. Sound Bites from
Presidential Nominees on Health Reform Topics. May 29, 2007 &
April 29,
2008…52
11.
House Judiciary Committee Staff. Ohio Elections: Status Report. HA-5-1-05…3
12. Impomeni, Mark. Times Op-Ed Rejection Fuels Bias Claims.
Political Machine. July
22, 2008…59
13. Heyman, Jody et al., The Work, Family, and Equity Index: Where Does
the United States Stand
Globally? Boston: Project on Global Working Families.
Harvard Shool of Public Heatlh. 2004…58
14.
Lewis-Beck, Michael; Norpoth, Helmut; Jacoby, William
G.; Weisberg, Herbert F. The American
Voter
Revisited. University of Michigan Press. May 22, 2008…55
15. Loviglio, Joann. Court Tosses ‘Wardrobe Malfunction’ Fine.
AP. July 21, 2008…59
16. Luban, David. Just War and Human Rights. Philosophy and Public Affairs. 9:2 (Winter 1980): 160-
81 Global Ethics: Seminal Essay: Global Responsibilities. Volume II. Edited by Thomas Pogge and Keith
Horton. Paragon Issues in Philosophy. Paragon House. St. Paul, Minnesota. 2008. 29-50…37a
17.
Madison, James. General
View of the Powers Conferred by the Constitution No. 41. Federalist
Papers.
1787-1788…33
18. Sanders,
Tony J. To Win the War Against Terror: Change US Foreign Policy from the
Inside HA-22-
5-08…35
19. Szasz, Thomas. The
Manufacture of Madness: A Comparative Study of the Inquisition and the
Mental Health Movement. Syracuse, NY. Syracuse
Universtiy Press. 1997…16
20. Szasz Thomas: The Myth
of mental illness. American Psychologist 15:113–118,1960…16
21. Szasz Thomas: The Myth of Mental Illness:
Foundations of a Theory of Personal Conduct. New
York, Hoeber-Harper, 1961…16
22. Szasz Thomas: The Manufacture of Madness: A
Comparative Study of the Inquisition and the
Mental Health Movement. New York, Harper and Row, 1970…16
23.
Szasz Thomas: Law Liberty,
and Psychiatry. New
York. Collier Books.1963…16
24. Tax Policy Center. A Preliminary Analysis of the
2008 Presidential Candidate’s Tax Plans. June
20,
2008…55
25. Toosi, Nahal. Afghan Officials – US Led Forces Killed 9 Police.
AP. July 20, 2008…38
26. United Kingdom Parliament Joint Committee on Human Rights Fourth
Report of 4
February 2007
on
the Mental Health Bill 2006-07…15
Treaties
1. Berne Convention for the Protection of Literary and
Artistic Works of September 9, 1886, as last
amended on September
28, 1979…7
2.
Holidays with Pay Convention (Convention 132) of
1970…58
3.
International Covenant on Civil and Political Rights of 16 December 1966…20
& 37
4. Maternity Protection (Convention
183) of 2000…58
5.
Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or
Degrading Treatment
or
Punishment of 4 February 2003…51
6.
Optional Protocol to the Convention on the Elimination of all Discrimination
against Women of
22 December 2000…51
7. Optional Protocol to the International Covenant on Civil
an Political Rights of 23 March 1976
relating to the Human Rights Committee…51
8. Second Optional Protocol to the International Covenant on
Civil and Political Rights aiming at
the abolition of the death penalty of 15 December 1989…51
9. Single Convention on Narcotic Drugs
of 1961 as
amended by the 1972 Protocol…37
10. Workers with Family
Responsibilities (Convention
156) of 1981…58
Statute
1.
Civil actions against the United States
and agencies and officers thereof 28USC§1581…9
2. Civil Liability 50USC(36)I§1810
damages, but not less than liquidated damages of $1,000 or
$100 per
day for each day of violation,
whichever is greater…45 & 50
3. Criminal Forfeiture 18USC§1467…20
4.
Conn. Gen. Stat. § 46b-38nn (2006)…14
5. Constitution
of Hospitals & Asylums Non Governmental Economics (CHANGE) 10th
Draft. July
4, 2008…10
6.
Customs Courts Act of 1980…36
7.
DC Domestic Partnership Equality Amendment Act of 2006 16-79 (Act 16-265)…14
8.
Dismissal on Motion of Action Against Individual Entitled to Immunity 22USC(6)§254d…43
9. Family and Medical Leave Act of February
5, 1993
(PL-303-3)…58
10. Foreign Intelligence Surveillance Act (FISA) of 1978:
Criminal Sanctions 50USC(36)I§1809 up to
$10,000 fine and five years in jail…49 & 50
11.
Haw. Rev. Stat. § 572C-2; 2004…14
12. Intrusion of Reserves or Violations of Rules and
Regulation 24USC(3)V§154
up to $1,000 fine and 12
months in jail…48 & 50
13.
N.H. Rev. Stat. Ann. § 457-A (2007)…14
14.
N.J. Stat. Ann. § 37:1-29 (2006)…14
15. Ownership of Copyright 17USC(2)§201…7
16.
Persons Entitled to Commence a Civil Action 28USC§2631…9
17.
Possession with intent to sell, and sale, of obscene matter on Federal property 18USC§1460
fine and
imprisonment
of not more than 2 years…20
18. Privacy Protection: Searches
and seizures by government officers and employees in connection with
investigation or prosecution of criminal offenses 42USC(21A)IA§2000aa…50
19. Procedure and Fees 28USCVI(169)§2633…6
20. Recovery of Civil Damages Authorized 18USC(119)§2520
$500 civil fine…47 & 50
21. Relief 28USCVI(169)§2643…6
22. Right of Review 5USC§702…9
23.
Vt. Stat. 15 Ann. § 1201
(1999)…14
24.
Wash. Rev. Code ch. 26.60…14
Case Law
1. American Civil
Liberties Union v. National Security Agency. 6th Cir. Nos.
06-2095/2140. July 6, 2007
…44
2. Ashcroft v. American Civil Liberties Union, 535
U. S. 564 (2002)…44
3.
Ashcroft v. American Civil Liberties Union No.
03-218 (2004)…44
4. Barnes v. Glen Theatre,
Inc. 501 U.S. 560 (1991)…25
5.
Bush v. Gore 12
December 2000…2
6.
Bush v. Palm Beach County Canvassing Board Florida supreme court, December
4, 2000…2
7. California Supreme
Court. In re: Marriage Cases JCCP
No. 4365…12
8. Clifford M.
Sobel ex rel v. Natalee Holloway HA-30-6-05
9. Dunlop
v. U.S. 165 U.S. 486 (1897)…22
10. Friends of the Earth, Inc. v. Laidlaw Envtl. Servs. (TOC) Inc. 528 U.S. 167, 181
(2000)…46
11. Ginzburg
v. U. S., 383 U.S. 463 (1966)…24
12. Honda
Canada Inc. v. Keays, 2008 SCC
39 June 27…13
13. Miller v. California 413 U.S. 15 (1973)…25
14. Mishkin
v. State of N. Y., 383 U.S. 502 (1966)…24
15. Osborne v. Ohio 495 U.S. 103 (1990)…25
16. Pope v. Illinois ,
481 U.S. 497 (1987)…25
17. Roth v. U. S., 354 U.S. 476 (1957)…24
18. R. v.
Kapp, 2008 SCC
41 June 27…11
19.
Slim v. Daily Telegraph Ltd., (1968)…27
20. Valley Forge Christian Coll. v. Ams. United for Sep. of
Church & State, Inc. 454 U.S. 464, 472
(1982)…46
21. WIC Radio Ltd. v. Simpson 2008 SCC
40 June 27…6, 13 & 26
22. Winters v. New York ,
333 U.S. 507 (1948)…23
Idea
for a Presidential Debate
1. The Presidential candidates spoke at the
National Association for the Advancement of Colored
People (NAACP) conference in Cincinnati Ohio July 14 and
16, right after Camp Equality, July
12-13, trained locals in political
campaigning. The Citizens Commission on Human Rights (CCHR)
is dedicated solely to eradicate
mental health abuse. The
Human Rights Campaign for lesbian, gay,
bisexual and transgender equal rights has
750,000 due paying members. Hospitals
& Asylums and
the American people are resolved to achieve a
higher level of electoral professionalism in the Presidential
and Congressional elections of 2008. Not being satisfied with that either
presidential candidate’s
position on foreign policy I would like to
extend to the candidates the option to attend a judicially
moderated debate regarding the coming out of
the closet of the Court of International Trade (COITUS)
and foreign policy in general, around the
time of the United Nations World Summit, in September.
Otherwise I am proposing that the Court shall
laugh it up with Hospitals & Asylums (HA), Citizens
Commission on Human Rights, Human Rights
Watch and Human Rights Campaign, political orgyniza-
tions, or national human rights institutions, as they sometimes prefer to be
known.
2. In the 2000 elections Bush Jr. defeated Democratic
candidate former Vice President Al Gore on the
strength
of 31 electoral college states although the Republicans lost the popular
election with
50,456,062
votes for Bush and Cheney and 50.996,582 votes for Gore and Lieberman. The US
Supreme
Court decided the 2000 election in the case of Bush v. Gore on 12
December 2000 under the
XII
Amendment overturning Bush v. Palm Beach County Canvassing Board on writ
of certiorari to the
Florida
supreme court December
4, 2000 that calls for recounts under Fla. Stat. §102.141(4) (2000).
In
hindsight, a national re-vote was needed.
It was not acceptable that Bush pressed his case in a state
where
his brother was executioner, the Supreme Court was in error to trust in their Texas
judgment.
3.
In the 2004 Presidential elections Bush Jr. defeated Democratic candidate John
F. Kerry on the
strength
of 286 electoral college votes to 251. The popular vote was 60,693,281 to
57,355,978. Voter
turnout
was over 50%. There were widespread
instances of intimidation and misinformation in violation
of
the Voting Rights Act, the Civil Rights Act of 1968, Equal Protection, Due
Process and the Ohio right
to
vote according to Ohio Elections: Status Report of the House Judiciary Committee
Staff HA-5-1-05.
The popular vote was however too
decisive with a margin of more than 3 million votes, to justify a new
federal election or substantiate
any allegations of fraud and intimidation on the basis of what occurred to
a hundred thousand people in Ohio. After losing
the popular vote to the Electoral College and Court in
2000, a second defeat by post-war Bush and Dick (BaD)
in 2004 and the once progressive but now
unpopular Democratic majority since 2006.
Nobody wants the history of flimsy elections to repeat itself.
4. Litigation is not actually advisable at
the last minute of electoral campaigns therefore the Candidates
are encouraged to seek this judicial counsel
on acceptable foreign policy sooner than later. Political
organizations pay taxes or maintain some
system of accountability for their finance with the government,
publish newsletters and entertain campaign
committees. To properly align electoral
enthusiasm and
literacy with legitimate political campaigns
people are encouraged to volunteer in call centers and do
door to door canvassing for candidates. The Patriot Corps is hiring campaign workers
on progressive
campaigns at $500 a week, but you must
provide the transportation to training in Minnesota in
September.
We must tell everyone to get out to vote
(GOTV). Hopefully in greater numbers
than 2004 but with a
more educated vote that will bring real non
violent social change - peace.
5. McCain had several high level
international engagements in June, speaking in Mexico, freeing hostages
in Columbia and speaking
with Canadian economists, while Barack, the pick of
all people who love human
rights, one misguided missile in Afghanistan, a day under the wing of the Iraq general and trip to Europe.
Swing voters, who first fled the Republican
Party in droves, are now leaving the Democratic Party because
McCain is so heroic representing the United States abroad, reducing Barack’s more than 10% lead
to 3%
before it recovered to a healthy 9% after Obama’s foreign tour.
Foreign policy is critical. The
President
is the voice of the American people in foreign
affairs. McCain has sang some military
poems about Iran
and threatens to continue the unpopular war
in Iraq, but is willing to concede to Barack’s
agreement with
the Premier.
Obama, on the other hand, threatens to
increase subversive financing to Pakistan and send
two more brigades to Afghanistan and actively incited violence when he was there. The candidate’s
political platforms perform well on every
issue but foreign policy where both candidates are so Asia and
Near East (ANE) we find their greatest asset
is their lack of credibility. Will the
voters buy McCain’s
Columbian cocaine or Obama’s
Afghan opium IV?
II. Right to Commence
a Civil Action with the Court of International Trade
6. Relief can be found under 28USCVI(169)§2643(c)(1)
whereby the Court
of International Trade may
order any form of relief that is
appropriate in a civil action, including, but not limited to, declaratory
judgments, orders of remand,
injunctions, and writs of mandamus and prohibition. An injunction against
this obscene and racially
discriminatory language seems to be the most appropriate action the Court could
allow.
The author, Hospitals & Asylums, with only two contributing members,
asks that he be awarded
costs per (a)(1) or at least be party
to CoITUS by email.
WIC Radio Ltd. v.
Simpson 2008 SCC
40 June 27
was allowed with costs by the Canadian Supreme Court the day after Hospitals & Asylums wrote a
query letter regarding the drafting of
this injunction to the Human Rights Campaign
and Council. In the
debate about whether the purpose of introducing materials
dealing with homosexuality into public
schools was to teach tolerance of homosexuality or to
promote a homosexual lifestyle the Court held
the law of fair comment must be developed in a manner
consistent not only with the values underlying
freedom of expression, including freedom of the media, but
also with those underlying the worth and
dignity of each individual, including
reputation. There is concern that matters of public interest go
unreported. With 750,000 due
paying members the Human Rights Campaign and costly ballot issue in
California, the Citizens Commission on Human
Rights and Human Rights Watch are all solicited by the
author to pay for the CoITUS the $5-$350 fee charged in §2633(a).
7. Under Art. 9 &11 bis of the Berne Convention for the Protection of Literary and
Artistic Works of
September 9, 1886, as last amended on September
28, 1979, authors have exclusive right to
authorizing
the reproduction of their work in any manner or form and
shall enjoy the exclusive right of authorizing the
broadcasting of their works or the communication thereof to
the public by any other means of wireless
diffusion of signs, sounds or images. Negotiation of these
rights is a matter for national legislation that
shall not in any circumstances be
prejudicial to the moral rights of the author, nor to his right to obtain
equitable remuneration which, in
the absence of agreement, shall be fixed by competent authority.
Under 17USC(2)§201(b) in the case of a work made for
hire, the employer or other person for whom the
work was
prepared is considered the author and owns all of the rights comprised in the
copyright. An
important
part of both the original author’s and employing author’s rights is that all
contributors to the
copyright
be informed of all major developments pertaining thereto and be entitled to a
share of the legal
fees, for
their work on this lawsuit.
8. Not all the rights of author’s are
moral. In an injunction proceeding the
rights of one author, the
defendant, are found to be obscene or
discriminatory by another author, the plaintiff, and it is left to the
judgment of the Court whether or not to order
the removal of the offensive intellectual property from
circulation, for the public decency. While the Court may lack the power to
actually reconstitute itself,
the statute pertaining to foreign relations
and split an administrative Bureau of USAID into two regional
Bureaus; an injunction by the Court, at the
behest of a few nongovernmental organizations, would send a
clear message to Congress that the United States cannot delay reforming its foreign policy until after the
elections.
The United
States could be the
first nation in the world to pay a progressive 1% income tax to
the United Nations. We cannot tolerate the perpetuation of
ignorance, subversive laws, sexual perversion,
xenophobia, tyranny and violence in the field
of foreign relations to continue into the elections of 2008.
Congress must read farther into Art. I Sec. 8
than they have ever done before, to Clause 17, that gives
them the authority “to make all laws which shall be necessary and proper for
carrying into execution…
all…powers vested by this
Constitution in the government of the United States, or in any department
or officer thereof”.
9. CoITUS shall have exclusive jurisdiction of any civil
action commenced against the United States, its
agencies, or
its officers, that arises out of any law of the United States providing for administration and
enforcement
with respect to trade and tariff laws under 28USC§1581(i)(4). Plaintiffs
must be allowed
to commence a
civil action under 28USC§2631(h,i). Persons suffering legal wrong because of agency
action, or adversely affected or
aggrieved by agency action within the meaning of a relevant statute, are
entitled to judicial review
thereof. An action in a court of the United States seeking relief other than
money damages and stating a claim
that an agency or an officer or employee thereof acted or failed to
act in an official capacity or
under color of legal authority shall not be dismissed nor relief therein be
denied on the ground that it is
against the United
States or
that the United
States is
an indispensable
party. The United States may be named as a defendant in any such action, and a
judgment or decree
may be entered against the United States: Provided, that any mandatory or injunctive decree shall
specify the Federal officer or officers
(by name or by title) personally responsible for compliance
under 5USC§702.
III. In Defense of Human Rights
10. The tenth
draft of Constitution of Hospitals & Asylums Non Governmental Economics (CHANGE)
of the 4th of
July 2008 makes reference to human
rights in the captions of Art. 32 International Bill of
Rights, Arts
59-68 Human Rights Amendment to the Civil Rights Statute, and Arts. 85-90 Human
Rights
Council
Amendments to the UN Charter. The conflict between the federal law and human
rights apparent in
this brief is
redressed in accordance with Art. 48 Title 22 Foreign Relations, Art. 50
Bureaus For MECA and
SEA, and Art.
56 International Tribunal. Faced with
the facts the reader really has no choice but to swallow
their pride and
embrace human rights on their own through these three technical changes in the
law. Not
enjoying a
government sponsored national human rights institution the federal Government
has engaged in
psycho-sexual
discrimination against human rights for far too long to go unreformed. To mobilize the
American
adaptation of human rights HRC is assigned to FR-ee
IT in agreement with the superiority of the
Customs Court
(CC) to Title 22. CCHR shall counsel the
division of the ANE Bureau into the Bureaus for
the SEA and
MECA. HRW shall watch, free of charge.
11. Every
individual is equal before and under the law and has the human right to the
equal protection and
equal benefit
of the law without discrimination and, in particular, without discrimination
based on race,
national or
ethnic origin, colour, religion, sex, age or mental
or physical disability. The promotion of
equality
entails the
promotion of a society in which all are secure in the knowledge that they are
recognized at law
as human beings
equally deserving of concern, respect and consideration. Recognizing that there will always
be an infinite
variety of personal characteristics, capacities, entitlements and merits among
those subject to
a law, there
must be accorded, as nearly as may be possible, an equality of benefit and
protection and no
more of the
restrictions, penalties or burdens imposed upon one than another. We must
be guided by the
values and
principles essential to a free and democratic society which I believe embody,
to name but a few,
respect for the
inherent dignity of the human person, commitment to social justice and
equality, belief in
human rights,
respect for cultural and group identity, and faith in social and political
institutions which
enhance the
participation of individuals and groups in society R. v. Kapp, 2008 SCC
41 June 27.
12. Camp Equality was highly publicized by the Human Rights Campaign,
Progressive Democrats of
America, America Votes, Planned Parenthood Affiliates, Democratic
Women’s Party, and Grassroots
Solutions. On May 18, 2008 the California Supreme Court issued a landmark ruling In
re: Marriage Cases
JCCP No. 4365 recognizing that committed gay and lesbian couples have a
constitutional right to equality
under the state
marriage laws. However, on election day California voters could turn back the clock if.
The Human
Rights Campaign (HRC) pledged
$500,000 to Equality for All that is sending ballot arguments
in the voter
guides come out in October. One may pay
HRC a fee to put a civil union on their
Wedding
Register. We are hoping that, HRC
would be willing to pay to file with COITUS to
demonstrate to
the people of
California that they have only the best of intentions for the law of
the land.
Equal rights,
marriage and adoption laws are important to the GLBT community that comprises
an
estimated 10%
of the population. Inequality with this
minority group is as unjust as the discrimination
against the
left handed 10% in schools of the 19th century.
13. California voters should uphold equal rights by rejecting Proposition
8. More than 61 percent of
Californians in 2000 voted for a similar law. Gay people in
Cincinnati, Oho are more libertarian and the
one man I spoke to on the topic rejected the idea of
government intrusion into marriage for everyone.
In 2004, 13 states, including Ohio, enacted-- by landslides ranging from 57 percent of the
vote to 85
percent in Mississippi -- ballot propositions that restricted marriage to men and
women. It is hoped that
the Californians will reject Proposition 8 this time, they
will surely be rewarded for their tolerance with
much
needed attention to ILO Conventions. While companies
and states may have codes of conduct and a
reputation
to protect under WIC Radio Ltd. v. Simpson 2008 SCC
40 June 27 they should have more of a
conscious
about wrongful dismissals under Honda
Canada Inc. v. Keays, 2008 SCC
39 June 27. The
California
Supreme Court notes, that although much of the academic literature discussing the
legal
recognition
of same-sex relationships frequently uses the term “domestic partnership” to
describe a
legal
status that accords only comparatively few legal rights or obligations to
same-sex couples, the
current
California statutes grant same
sex couples who choose to become domestic partners virtually
all
of the legal rights and responsibilities accorded married couples under California
law.
14.
In light of the comprehensive nature of the rights afforded by California’s
domestic partnership
legislation,
the status of such partnership in California
is comparable to the status designated as a “civil
union”
in statutes enacted in recent years in Connecticut,
New Hampshire, New
Jersey, and Vermont.
(Conn.
Gen. Stat. § 46b-38nn (2006); N.H. Rev. Stat. Ann. § 457-A (2007); N.J. Stat.
Ann. § 37:1-29
(2006);
15 Vt. Stat. Ann. § 1201 (1999).)
We note that recently Oregon also
enacted domestic partnership
legislation
under which same-sex couples may obtain rights comparable to those conferred
upon married
couples
(2007 Or. Laws ch. 99.) The District
of Columbia, Hawaii,
Maine, and Washington
have adopted
domestic
partnership or reciprocal beneficiaries legislation that affords same-sex
couples the opportunity
to
obtain some of the benefits available to married opposite-sex couples. (DC
Domestic Partnership
Equality
Amendment Act of 2006 16-79 (Act
16-265); Haw. Rev. Stat. § 572C-2; 2004 Me.
Legis. Serv.
ch. 672 (H.P. 1152; L.D. 1579) financial security of
families and children; 2001 Me. Legis. Serv. ch. 347,
H.P.
1256; L.D. 1703, access to health insurance; Wash. Rev. Code ch. 26.60.
15. Although transexualism is not necessary a mental disease it can be
diagnosed under the DSM-IV. The
United Kingdom Parliament Joint Committee on Human Rights Fourth
Report of 4
February 2007 on the
Mental
Health Bill 2006-07 at paragraph 11 JUSTICE has expressed concern at the
removal of the exclusion
in
relation to sexual deviancy and the possible bringing of transsexualism,
masochism and fetishism within
the
scope of compulsory powers. The level of
clinical significance necessary to cross the paraphilia
(sexual
deviance)
threshold is described in the DSM-IV-R of the American Psychiatric Association
as being reached
when
the behaviors or fantasies lead to a clinically significant level of distress
or impairment (e.g. are obligatory,
result
in sexual dysfunction, require participation of non-consenting individuals,
lead to legal complications,
or
interfere with social relationships).
16. The Citizens Commission on Human
Rights (CCHR) is a non-profit public benefit organization that
investigates and exposes psychiatric
violations of human rights. CCHR was co-founded in 1969 by Professor
Thomas Szasz,
Professor of Psychiatry Emeritus, and the Church of Scientology, dedicated solely to
eradicate mental health abuse. Professor Szasz
wrote many books, “The Manufacture of Madness: A
Comparative Study of the Inquisition and
the Mental Health Movement” published in the Syracuse,
NY. Syracuse Universtiy
Press. 1997, “The Myth of mental illness” published in the American
Psychologist 15:113–118,1960, “The Myth
of Mental Illness: Foundations of a Theory of
Personal Conduct” published in New York by Hoeber-Harper
in 1961, “The Manufacture of Madness:
A Comparative Study of the Inquisition
and the Mental Health Movement” published in New
York by Harper and Row in 1970 and “Law
Liberty, and Psychiatry” published in New York by
Collier Books in 1963, to name a few.
17. Human Rights Watch (HRW) is dedicated to protecting the
human rights of people around the world.
HRW stands with victims and activists to prevent
discrimination, to uphold political freedom, to protect
people from inhumane conduct in wartime, and to bring
offenders to justice. HRW investigates
and exposes
human rights violations and hold abusers accountable. HRW challenges governments and those who hold
power to end abusive practices and respect international
human rights law. HRW enlists the public
and
the international community to support the cause of human
rights for all. Human Rights Watch is an
independent, nongovernmental organization, supported by contributions
from private individuals and
foundations worldwide. It accepts no government funds,
directly or indirectly.
18. Human rights organizations run the risk of being taken
in by the violent conflicts of their clients but
litigate well. In
the United
States the
reputation of Harvard human rights was seriously damaged by the
Carr Center for Human Rights at the John F.Kennedy
of Human Rights. Last year the Carr Center did
nothing but justify the use of force with generals before
being confronted by Hospitals & Asylums,
Barack Obama, an alumni, and the
Harvard Law Human Rights Program. In
review the Carr Center has
reformed marvelously, they now have an ethnically diverse
fellowship and Conservative views on the
spectrum of issues.
Hopefully Harvard grads running for office in the future won’t be the
worst human
rights offenders on the ballot. In Canada Human Rights Commissions litigate exclusively in the field
of
human resources.
While it would be nice to eliminate the hiring of torturers, the United
States really
needs to focus their Human Rights Agencies on getting out
of jail. The US Government really needs
to establish agencies and Committees to respect
international human rights treaties.
19. In defense of human rights the United States must stop pleading the ANE defense and FR-ee IT. It
is believed that this brief will help the GLBT community
advance their cause. This campaign against
sexual discrimination in the federal law would benefit the
dignity of all Americans. I can think of
no better
representative for these reforms than HRC. HRC is
funny and thought provoking. GLBT people are
the chosen people to liberate us from sexually offensive
laws, but we must thank them. The federal
Government has engaged in discrimination against human
rights for far too long to go unreformed.
HRC is assigned to FR-ee IT. CCHR shall counsel the division of the ANE
Bureau into the Bureaus
for the SEA and MECA, while HRW watches, free of
charge. Victory for Human Rights.
IV.
$97,500 Evolving Standard of Decency
20. Obscene speech is not protected by the First Amendment
and the possession with the intent to sell,
and sale, of obscene matter on Federal property shall be
punished with a fine and imprisonment of not
more than 2 years under 18USC§1460
(a). In defense of the officers of the United States who sell their
obscene law to
the taxpayers without their consent, at (b) the term “visual depiction”
includes undeveloped
film and
videotape but does not include mere words.
It would therefore be unfair to threaten officials of the
United States with fines and imprisonment however
these technical errors are too grievously obscene to
forgo
convicting the United States for indecency, so that the Government
would have no option but to
issue an
injunction requiring the criminal forfeiture of the obscene matter under 18USC§1467(a)(3)(c)(1)(A).
Equally prohibited by law is any propaganda for war or
advocacy of national, racial or religious hatred that
constitutes incitement to discrimination, hostility or violence
under Art. 20 of the International Covenant
on Civil and Political Rights of 16 December 1966.
21. According to the U.S. Supreme Court, to be obscene,
material must meet a three-prong test: (1) an
average person, applying contemporary community standards,
must find that the material, as a whole,
appeals to the prurient interest (i.e., material having a
tendency to excite lustful thoughts); (2) the material
must depict or describe, in a patently offensive way, sexual
conduct specifically defined by applicable law;
and (3) the material, taken as a whole, must lack serious
literary, artistic, political, or scientific value. The
Supreme Court has indicated that this test is designed to
cover hard-core pornography. Indecent
material
contains sexual or excretory material that does not rise to
the level of obscenity. “Profane
language” includes
those words that are so highly offensive that their mere
utterance in the context presented may, in legal
terms, amount to a “nuisance.”
22.
In Dunlop
v. U.S. 165 U.S. 486 (1897) the Supreme Court upheld conviction for mailing
and delivery of
a
newspaper called the 'Chicago Dispatch,' containing obscene, lewd, lascivious,
and indecent matter soliciting
prostitution. Now,
what is obscene, lascivious, lewd, or indecent publications is largely a
question of your
own conscience and your own opinion; but it must
come-before it can be said of such literature that it must
be calculated with the ordinary reader to deprave him,
deprave his morals, or lead to impure purposes.
It is
your duty to ascertain, in the first place, if they are calculated
to deprave the morals; if they are calculated
to lower that standard which we regard as essential to
civilization; if they are calculated to excite those
feelings which, in their proper field, are all right, but
which, transcending the limits of that proper field,
play most of the mischief in the world.'
23. In Winters v. New York ,
333 U.S. 507 (1948) a New York
law to prohibit distribution of a magazine
principally
made up of news or stories of criminal deeds of bloodshed or lust so massed as
to become
vehicles
for inciting violent and depraved crimes against the person, was held so vague
and indefinite in this
case
against a magazine called ‘Headquarter Detective’ as to violate the Fourteenth
Amendment by
prohibiting
acts within the protection of the guaranty of free speech and press. Where a
statute is so
vague as to make criminal an innocent act, a
conviction under it cannot be sustained.
A State may outlaw
only
that which they have a right to outlaw, in the effort to curb crimes of lust
and violence, and that they
have
not do so recklessly as to occasion real hazard that other publications will
thereby be inhibited, or also
be
subjected to prosecution.
24. In Roth v. U. S., 354
U.S. 476 (1957) the Court set a standard that held that obscenity is not within
the area of constitutionally protected freedom of speech or
press - either (1) under the First Amendment,
as to the Federal Government, or (2) under the Due Process
Clause of the Fourteenth Amendment, as to
the States. The standard for judging obscenity, adequate to
withstand the charge of constitutional infirmity,
is whether, to the average person, applying contemporary
community standards, the dominant theme of
the material, taken as a whole, appeals to prurient
interest. In Mishkin
v. State of N. Y., 383 U.S.
502 (1966)
the Court rejected the defense that the terms
"sadistic" and "masochistic" and “obscenity” are
impermissibly
vague and upheld the conviction. In Ginzburg
v. U. S., 383 U.S. 463 (1966) evidence that the petitioners
deliberately represented the accused publications as
erotically arousing and commercially exploited them
as erotica solely for the sake of prurient appeal amply
supported the trial court's determination that the
material was obscene under the standards of the Roth case.
25.
In Miller v. California
413 U.S. 15 (1973) the basic
guidelines for the trier of fact evolved to be: (a)
whether
"the average person, applying contemporary community standards" would
find that the work,
taken
as a whole, appeals to the prurient interest, (b) whether the work depicts or
describes, in a patently
offensive
way, sexual conduct specifically defined by the applicable state law, and (c) whether
the work,
taken
as a whole, lacks serious literary, artistic, political, or scientific value.
If a state obscenity law is thus
limited,
First Amendment values are adequately protected by ultimate independent
appellate review of
constitutional
claims when necessary. The jury may measure the essentially factual issues of
prurient
appeal
and patent offensiveness by the standard that prevails in the forum community,
and need not
employ
a "national standard". In Pope v. Illinois ,
481 U.S. 497 (1987) only the first and second prongs
of
the Miller test - appeal to prurient interest and patent offensiveness - should
be decided with reference
to
"contemporary community standards". In Osborne v. Ohio 495
U.S. 103 (1990) (Ohio may
constitutionally
proscribe the possession and viewing of child pornography. In Barnes v. Glen Theatre,
Inc. 501 U.S. 560 (1991) enforcement of Indiana's
public indecency law to prevent totally nude dancing
does
not violate the First Amendment's guarantee of freedom of expression.
26. The reputation of the English language was defended by
the Canadian Supreme Court in WIC Radio
Ltd. v. Simpson, 2008 SCC
40 June 27. The law of fair comment must be developed in
a manner
consistent not only with the values underlying freedom of
expression, including freedom of the media,
\but also with those underlying the worth and dignity of
each individual, including reputation. The
traditional elements of the tort of defamation may require
modification to provide broader accommodation
to the value of freedom of expression. There is
concern that matters of public interest go unreported
because publishers fear the ballooning cost and disruption
of defending a defamation action. “Chilling”
false and defamatory speech is not a bad thing in itself,
but chilling debate on matters of legitimate public
interest raises issues of inappropriate censorship and self‑censorship.
Public controversy can be a rough
trade, and the law needs to accommodate its
requirements. It is therefore
appropriate to modify the
“honest belief” element of the fair comment defence so that the test, as modified, consists of the
following
elements: (a) the comment must be on a matter of
public interest; (b) the comment must be based on fact;
(c) the comment, though it can include inferences of fact,
must be recognizable as comment; (d) the comment
must satisfy the following objective test: could any person
honestly express that opinion on the proved facts?
27.
In Slim v. Daily Telegraph Ltd., [1968] 1 All E.R. 497, Lord Denning
stated: “The important thing is to
determine whether or not the writer was actuated by
malice. If he was an honest man expressing his genuine
opinion on a subject of public interest, he has a good defence of fair comment. His honesty is the cardinal
test. A comment which falls within the objective limits of
the defence of fair comment can lose its immunity
only by proof that the defendant did not genuinely hold the
view he expressed. Honesty of belief is the
touchstone. Actuation by spite, animosity, intent to
injure, intent to arouse controversy or other motivation,
whatever it may be, even if it is the dominant or sole
motive, does not of itself defeat
the defence. However,
proof of such motivation may be evidence, sometimes
compelling evidence, from which lack of genuine belief
in the view expressed may be inferred.
28.
In the U.K.,
fair comment is a “two stage” issue. At the first stage, the defendant
establishes that the
words are objectively capable of constituting comment.
At the second stage, the plaintiff may attempt to
prove malice, which will defeat the protection of the defence. Since the elements address the same issue,
honest belief provides no additional protection for
reputation. For example, an honest belief test would not
protect against a bad faith attack made without honest
belief, such as Senator McCarthy’s smear campaign
of the 1950s. Comparisons of Kari Simpson in her public
persona to Hitler, Wallace, Faubus, Barnett, the
KKK and skinheads “would condone violence” and this
imputation was therefore found to be defamatory.
Further, the following words, having regard to the
comparisons, were also found to be defamatory:
Such
attacks would pass the majority’s honest belief test so long
as they constituted comment that someone
could believe. In the context of McCarthyism, someone
could very well have believed defamatory allegations
relating to communism. If no one could believe the
allegations, it must be because they have no basis in fact,
and the defamer could not rely on the fair comment defence. Further, even without an honest belief
element,
a plaintiff who is the victim of a bad faith attack may
prevail by demonstrating malice.
29. A New Mexico appeals court on June 27,
2008 ruled against a Los Alamos man who wanted to change
his name to a phrase containing a popular
four-letter obscenity. The man appealed
after a state district judge
in Bernalillo County refused his request
to change his name to "F--- Censorship!" Judge Nan Nash ruled that
the proposed name change was
"obscene,offensive and would not comport with common decency." The
man –
whose current legal name is Variable - argued
on appeal that it was improper government censorship to deny
him the name change. "We do not believe that the district
court's action infringes on petitioner's right to free
speech," a three judge panel of the Court
of Appeals said in its ruling. The man has the right to call himself
whatever he wants, unless there's fraud or
misrepresentation involved, the judges said.
But once he seeks
court approval for a name change, the
court has the authority to turn him down on several grounds, including
if the name is offensive to common decency
and good taste, the judges ruled. On
July 21, 2008 the 3rd
Circuit judges — Chief Judge Anthony J.
Scirica, Judge Marjorie O. Rendell and Judge Julio M. Fuentes —
also ruled that the FCC deviated from its
long-held approach of applying identical standards to words and
images when reviewing complaints of
indecency. "The Commission's determination that CBS' broadcast of a
nine-sixteenths of one second glimpse of a
bare female breast was actionably indecent evidenced the agency's
departure from its prior policy," the
court found. "Its orders constituted the announcement of a policy change
— that fleeting images would no longer be
excluded from the scope of actionable indecency."
30. The base monetary sanction for
violation of the FCC's indecency, profanity, and/or obscenity restrictions
is
$7,000 per violation. The FCC may adjust this monetary sanction upwards, up to
a current statutory
maximum
of $32,500 per violation, based on such factors as the nature, circumstances,
extent and gravity of
the
violation, and, with respect to the violator, the degree of culpability, any
history of prior offenses, ability
to
pay, and such other matters as justice may require. In this case the United
States is culpable for three
counts
of profanity, two of obscenity and one of xenophobic discrimination on the
basis of mental disability.
During
2004, the FCC imposed monetary sanctions for indecency violations up to
$1,183,000, for an
aggregate
annual total of $3,658,000. In addition, some entities chose to settle claims
against them and
made
voluntary payments to the U.S. Treasury, totaling $7,928,080 in 2004. There is no reason why
COITUS
and their sexually stimulated clients cannot equally benefit from the $7,000 -
$32,500 fine for two
obscene
laws and one racially discriminatory Bureau - $21,000 - $97,500 - to afford the
ratification of four
basic
optional human rights protocols, not to mention to the many ILO Conventions
that would lower
corporate
tax rates fairly by increasing their duties for the welfare of their
workers. Enough to toll the
$75,000
minimum for the District Court, but not too much for the malpractice insurance
of the COITUS
hookers,
I means Judges, in defense of not only their own reputation as public servants,
but that of Congress
and
the President, and the very dignity of all US
citizens.
V. On Humor and Scienter
31.
The malice, scienter, of the sexual innuendo in the
laws can be explained in the FBI conference on
Serial
Murders: Multidisciplinary Perspectives for Investigators by the Behavioral
Analysis Unit of the
National
Center for the Analysis of Violent
Crime of August 29 – September
2, 2005. At pg.5 it
has been
widely believed that once
serial killers start killing, they cannot stop. There are, however, some serial
killers
who stop murdering altogether
before being caught. In these instances, there are events or circumstances in
offenders’ lives that inhibit
them from pursuing more victims. These can include increased participation in
family activities, sexual
substitution, and other diversions. At pg. 8 the term ‘serial killings’ means a series of
three or more killings, not less than one of
which was committed within the United States, having common
characteristics such as to suggest the
reasonable possibility that the crimes were committed by the same actor
or actors. At pg. 14 if violent offenders are psychopathic,
they are able to assault, rape, and murder without
concern for legal, moral, or
social consequences.
32. With two wars
in Iraq and one in Afghanistan the sexual substitution of
COITUS in 1984 evidently did
not relieve the horrors of
Title 22 Foreign Relations and Intercourse (a-FRaI-d)
that had already driven the
United States to two wars in Asia and the Near East (ANE) and
the United States clearly needs to clear their
head completely of such primal urges. Propaganda
for war or advocacy of national, racial or religious hatred
that
constitutes incitement to discrimination, hostility or violence is prohibited
by law under Art. 20 of the
International
Covenant on Civil and Political Rights of 16 December 1966.
Soldier mouth is not acceptable
political speech.
33.
This sexual graffiti in the law is based on some known facts but it is so
obscene that no one could be
expected to honestly believe that the law
should remain unchanged nor tolerate the officials to remain
silent regarding their great shame. Federal
Papers Nos. 2-5 by
John Jay treated upon the Dangers of
Foreign Force and Influence holding the safety
from fear of foreign invasion and influence as the first and
foremost of purpose of the
self-determinate Union.
In No. 4 he writes, it is too true, however disgraceful it
may be to human nature, that nations in
general will make war whenever they have a prospect of getting
anything by it; nay, absolute monarchs
will often make war when their nations are to get nothing by it,
but for the purposes and objects merely
personal, such as thirst for military glory, revenge for personal
affronts, ambition, or private compacts
to aggrandize or support their particular families or partisans.
These and a variety of other motives,
which affect only the mind of the sovereign, often lead him to
engage in wars not sanctified by justice
or the voice and interests of his people. James Madison in his
General View of the
Powers Conferred by the Constitution No. 41 introduces the word “intercourse” to
the mind of the sovereign, that we may
form a correct judgment on this subject, it will be proper to review
the several powers conferred on the
government of the Union…: 1. Security against foreign danger; 2.
Regulation of the intercourse with foreign
nations; 3. Maintenance of harmony and proper intercourse
among the States. Jay in No. 3 however reassures us that the
people of any country (if, like the Americans,
intelligent and well informed) seldom
adopt and steadily persevere for many years in an erroneous opinion
respecting their interests.
34. The authors of
the Federalist Papers cannot be blamed for the errors in the federal law we are
redressing,
whereas
their words were taken out of context, and abused long after they died, even if
the first error can
be
linked directly to the harmlessly erroneous choice of the word “intercourse” by
James Madison whose
test
therefore fails after a hundred and fifty years. The first error is of course the two flaws in
Title 22
Foreign
Relations and Intercourse (a-FRaI-d) that we, without
evidence, attribute to Hon. Edward C.
Little
who codified the laws of Congress and died on June 24, 1924 shortly before the permanent laws
entered
into force on Dec. 7, 1925. The first flaw is obviously that the word
Intercourse is superfluous
and
obscene. The second flaw is that the
acronym that subconsciously inspires fear. The malice of the
error
in this obscene law rises to the clinically psychiatric level of paraphilia, whereas “fear is the mind killer”
and
an irrational sense of fear is not conducive to safety that relies upon
“freedom from fear and want”.
The
law describes sexual dysfunction in both men who might be complaining of the
unique medical practice
of
male genital circumcision and women who might be more inclined to scream rape
for police dollars than
prostitutes
in foreign nations. The law was drafted
without the consent of the governed whose representatives
thought
they were merely tolerating a little harmless indecency. The indecent matter is purported to the be
law
of the country not some private pornography for single adults. The error has widespread social
ramifications
because the law excites a disturbing combination of lustful and fearful
thoughts from those
people
who fall under its shadow to such an extent that the former Ambassador to the Netherlands
could
not
defend his office after the disappearance of beautiful young, Natalee Holloway, in the Dutch island
Aruba
Clifford M. Sobel
ex rel v. Natalee Holloway HA-30-6-05
35. The exact
dates of the establishment of the USAID Bureau for Asia
and the Near East (ANE) is
unknown, however it can be
surmised that its foundation was an insanity defense to the unjust war in
Vietnam. After a war in Korea that was just to the 38th
parallel, the war in Vietnam after the Southern
government with the support of the United
States blocked the Geneva scheduled elections for unification,
was unjust, thus the ANE Bureau
was used as a state propaganda to justify the suppression of the many
legal arguments against the
unjust and unpopular war, that manifested in public protest. It is
necessary to
divide
the USAID Bureau for Asia and Near East (ANE) into the
Bureau for the Middle East and Central
Asia
(MECA) including Indonesia
and North Africa
and the Bureau for South East Asia (SEA) because it
is
racially discriminatory to insult the intelligence of more than half of the
world’s population. The only
inference
one can make from the acronym ANE is that it is insane. The ANE Bureau is too large and
culturally
diverse for the US Foreign Service to master the languages and histories of the
regions. The fact
that
all major US wars since WWII were fought in the Area of Responsibility of this
diplomatic bureau(s)
reinforces
the suggestion that ANE is not only insane, but violently so. On a purely rational basis ANE
is
too large and culturally diverse for the diplomat to master. Most of all ANE detracts from the beauty
of
the Bureaus of MECA and the SEA, which USAID must not refuse to recognize. Subsequent to its
foundation
in Vietnam the US
became involved in a just war in Iraq,
an injust war in Afghanistan
and a
second
unjust war in Iraq
for the Rape of Baghdad (RoB). The ANE Bureau incites the sexual violence
in
foreign relations to the level of deviance known as paraphilia. The US
is definitely not popular among
Islamic
fundamentalist and the guerilla tactic of suicide attacks is common to this
region. To conquer the
war
on Terror the US
must divide the Bureau for ANE into the Bureaus for MECA and the SEA, and
cease
their foreign military occupations. To Win the War Against Terror: Change US
Foreign Policy
from
the Inside HA-22-5-08.
36.
The Customs Courts Act of 1980 established the Court of International Trade
(COITUS). The Hon.
Peter
W. Rodino, Jr., then Chairman, Committee on the
Judiciary, House of Representatives, and a
sponsor
of the Customs Courts Act of 1980 said, "Congress has developed a system
of courts, which is
the
most comprehensive in the world. These courts provide the strongest judicial
safeguards of individual
rights
in existence today. . . .It is of the utmost importance that our citizenry have
an understanding of our
system
of courts and how they function."
COITUS was the beginning of the end of the American legal system.
While
COITUS itself is not a criminal court and is vested with a number of powers to
protect individual rights,
this
sexual discrimination in its prima facie allowed the judiciary to deviate from
international norms until
it,
for the second time, reached the engorged state as largest and densest
trafficker in the flesh of any nation
in
the world. The subversion began when
attorneys ceased to be required to be clad in legal briefs to be paid
to
attend criminal trials, thus unleashed from legal process the dictator was free
to intimidate the judges to
issue
stiffer and stiffer penal sentences, civil judgment also became less of an act
of love of the public interest,
than
one of prostitution for hire – the plaintiff pays the court a fee and no legal
fees, known as costs in
civilized
nations, are paid, the entire concept of court costs has been subverted to
burden the public with
the
so called costs to the tax paid court instead of the inconvenience to the
citizens. Essentially in 1980
Justice
took of her panties to prostitute herself to the rich. To save ourselves from injustice without
infringing
on medical immunity with a US International Court
(USIC-k) we wanted to change the name to
the
Court to the US International Tribunal (IT) until the intention Hon. Peter Rodino for a Customs Court
(CC)
became clear. Ultimately what the
indecency in the US
law on foreign relations means is that when
it
comes to the horrors of war the United States
is a whore.
VI. Commanders
in Chief
37. Obama’s Afghan policy bombed. This visit leaves sufficient grounds for the
Court to fine the Obama
campaign $11,500 to prohibit further
incitement of ethnic violence in Afghanistan under Art. 20 of the
International
Covenant on Civil and Political Rights of 16 December 1966. To make reparation wisely the
United
States should make this $10,000 treaty
obligation to the Afghan Legislature for the families of the
deceased
and to draft an Afghan Opium Agency to afford the national health service with
opium quotas
under
Arts. 23 and 24 of the Single
Convention on Narcotic Drugs of 1961 as amended by
the 1972 Protocol.
37a.
David Luban’s article on Just War and Human Rights in
Philosophy and Public Affairs in Winter 1980,
the
doctrine of sovereignty maintains that the each state, according to
international law, has a duty of
nonintervention
into the affairs of other states. Indeed
this includes not just military intervention, but any
dictatorial
interference in the sense of action amounting to the denial of the independence
of a State. The
theory
of jus ad bellum equates just war with the defense of socially basic
human rights or self defense against
an
unjust war that is defined by aggression and violations of state sovereignty
and human rights. While the
war
in Afghanistan
is deemed by justice to be a just war, as opposed to the unjust war in Iraq,
the facts of
the
Afghan war indicate so much conspiracy in the US
judiciary that we coin it an injust war. There is
certainly
more than enough subversive international financing against Afghan opium
farmers and corruption
in
the US
judiciary to sustain this novel conspiracy theory of an injust
war. The theory on injust
war must
be
the starting point for future debate on Afghanistan.
37b.
Because neither candidate offers any relief from colonial oppression in this
nation the Court must
instill
a moral consciousness into the debate. Obama would not lose face by abandoning his Afghan
militarism. The EU recalls that on 18 December 2007, the United Nations General
Assembly adopted a
resolution
on a Moratorium on the use of the death penalty, which explicitly calls Upon
all States that
still
maintain the death penalty to establish a moratorium on executions with a view
to abolishing the
death
penalty. In light of this most
regrettable resumption in the use of the death penalty in the United
States,
with the execution of Mr. Lynd in the State of Georgia,
the European Union urges the immediate
re-establishment
of a de facto moratorium on the use of the death penalty across the entire United
States,
with
a view to abolishing the death penalty. Council of the European Union. Declaration by the Presidency
on
behalf of the EU concerning the resumption of executions in the USA.
Brussels, 14
May 2008.
38. Obama advocates ending the U.S. combat role in Iraq by withdrawing troops at the rate of one
to two
combat brigades a month while increasing
the military commitment to Afghanistan. Obama has proposed
sending two more combat brigades — about
7,000 troops — to Afghanistan. McCain is also advocating
sending more forces to the war-battered
country.U.S. military officials say the number of attacks in
eastern Afghanistan, where most of the
U.S. forces in the country operate, has gone up by 40 percent so
far in 2008, compared to the same period
in 2007. While Obama was visiting
Afghanistan U.S.-led troops
and Afghan forces killed nine Afghan police,
calling in airstrikes and fighting on the ground for four hours
after both sides mistook the other for
militants. In a separate incident, NATO
said it accidentally killed
at least four Afghan civilians after their
mortars fell short of their mark. A NATO soldier also was killed
in the east. In other violence, the Ministry of Defense
said Afghan troops battled insurgents in the southern
Kandahar province Saturday, killing 18
militants and injuring 25. They also detained 15. In neighboring
Zabul province, Afghan troops killed nine
militants and wounded seven.
39. Former Attorney General John Ashcroft lost
his 2000 campaign for governor to a man who died in a
plane
crash shortly before the 2000 elections.
On 9-11 2001 Aschroft presided over the
deadliest aviation
disaster
in history. Barbara Olson, the wife of
the Solicitor General died in the suicide attack on Flight 77
that
struck the Pentagon on his 60th birthday 9-11-40. Chertoff urged Congress to rush into war
with
Afghanistan
within weeks. The intelligence level of
this terrorist attack was too high for the rational
observer
not to suspect an inside job. While it
would probably not be difficult to hire a troop of Al Queda
operatives
for the job, the high level of intelligence needed to hijack these planes and
coordinate the attacks
indicate
that 9-11 is very likely to have been manufactured by the war party to
fabricate the justification for
war
in Central Asia to corrupt the Congress with war and get
more troops closer to the objective of war with
Iraq. John Kerry’s incitement to capture or kill Osama bin Laden and high level Al Queda
operatives right
before
the elections is probably the main reason he lost the elections, he was leading
in many polls, before
he
commanded violence. Instead of
questioning the man who incited them to genocide the Senate later
unanimously
elected Chertoff Secretary of Homeland Security whose
Hurricane Katrina was a military coup.
While
the war in Afghanistan
may have been construed a just war of self defense that argument definitively
failed
the instant when Afghan civilian casualties became higher than the number of
victims in the 9-11
attacks. By occupying Afghanistan
the foreign powers lost their case for an arrest warrant against Osama
bin
Laden. The West must behave if they hope
to capture their man.
40.
Now the United States
and international community must pay as much reparation to Afghanistan
as
they
paid to Iraq –
$33 billion. Continuing narcotic
subversion and military occupation will cause the
cost
of these reparations to be higher. For Afghanistan
to prosper they must have peace, pax pelli, the
absence
of war. While, the poorest people in Asia
may not have fully educated the Taliban the republican
government
is self determinate and their foreign assistance must not be tainted by a
continuing foreign
military
or judicial occupation. We are thankful
the large international development contributions have
finally
come through for Afghanistan,
more will follow. Obama
must resist the temptation to prove
his
military mettle because he feels he must prove that he has a vendetta against
his namesake, Osama,
Use
of military force is always wrong and in this case is patently illegal
irregardless of who perpetrated
the
9-11 attacks because the United States
was not precise and proportional in their use of force the instant
more
Afghan civilians were killed by occupying forces than died in 9-11. Peace loving Americans feel
betrayed
that our best beloved candidate must now learn to concede defeat from his
opponent, the loser,
who
has no trust to betray. While McCain’s comments
on Iran might
also have been fine, in the day, our
love
for Obama this month of Jury, does not allow us to
forgive his bombing of Afghan policy.
41. Barack Obamba has arrived at an agreement with
Iraqi Prime Minister Nouri al-Maliki who says U.S.
troops should leave Iraq "as soon as
possible," according to a magazine report, and he called presidential
candidate Barack Obama's suggestion of 16
months "the right timeframe for a withdrawal." Al-Maliki
was quoted as saying. "Those who
operate on the premise of short time periods in Iraq today are being
more realistic. Artificially prolonging
the tenure of U.S. troops in Iraq would cause problems." Asked
when U.S. forces would leave Iraq, he
responded, "As soon as possible, as far a we're concerned."
"Barack Obama advocates an
unconditional withdrawal that ignores the facts on the ground and the
advice of our top military
commanders," McCain foreign policy adviser Randy Scheunemann said
"John McCain believes withdrawal must
be based on conditions on the ground.
McCain concedes,
"Prime Minister Maliki has repeatedly
affirmed the same view, and did so again today. Timing is not
s important as whether we leave with
victory and honor, which is of no apparent concern to Barack
Obama," Scheunemann said in a
statement. Just days ago McCain told reporters on his campaign bus
that Maliki "has exceeded a lot of
the expectations." "I think that much to the surprise of some Maliki
has
proved to be a more effective
leader," McCain said in New Mexico.
The national security adviser to the
Obama campaign, Susan Rice, said the
senator welcomed al-Maliki's comments.
"This presents an
important opportunity to transition to
Iraqi responsibility,while restoring our military and increasing our
commitment to finish the fight in
Afghanistan," Rice said in a statement Saturday. Recently, Iraqi leaders
have increasing pressure for some kind of
timetable for U.S. troop withdrawals.
Last week, the White
House agreed to work on a "general
time horizon" for removing U.S. troops — a significant reversal from
President Bush's longheld opposition to
discuss any timeframes.McCain has criticized Obama for his
lack of experience in the region. The Arizona
senator has suggested he would pursue an Iraq strategy
"that's working". Obama’s time tables seems to be working and
McCain and the White House have come
to agreement with the Iraqi Prime
Minister.
42. Barack succeeded in Iraq, but Obama
failed in Afghanistan. McCain is
completely and totally ANE
but his Columbian hostages are so free we
are inclined to respect his military intelligence. We cannot allow
McCAin to continue to falsely claim that
the troop surge was successful in reducing violence in Iraq. US
casualties were higher in the first half
of the troop surge until African Command (AFRICOM)
demonstrated competence on the part of the
US DoD in October.Gen. Ward, Commander of AFRICOM
has not yet negotiated a base in Africa,
the headquarters are in Germany and the budget only $200 million
but the diplomacy is excellent. With an estimated 75% of the world’s wars
since 1950 and only one US
military base in Djibouti, Africa is the
one place in the world where the US military might, might be the
solution.
Do both candidates support the diplomatic mission of African Command to
establish military
base(s) on the continent? Do both candidates agree that International
Tribunal (IT) is not the best name
for the Court of International Trade
(COITUS), the Customs Court (USCC or CCUS), would make the
finest
email?. Will the voters buy McCain’s
Columbian cocaine or Obama’s Afghan opium?
VII. $11,500 FISA Policy on Spying
43. According to the new and possibly falsified mortality
statistics from 2006, there is no reliable
correlation
between a policy of domestic spying and medical immunity as we had come to
suspect in 2005.
Medical immunity is a state of having
sufficient biological defenses to avoid infection, disease, or other
unwanted biological invasion, and is
related to the functions of the immune system.
Legal immunity confers
a status on a person or body that makes that
person or their property free from otherwise legal obligations
such as, liability for damages, punishment
for criminal acts or in this case unwarranted search and seizure.
Any action or proceeding brought against an individual who
is entitled to immunity shall be dismissed.
Such immunity may be established upon motion or suggestion
by or on behalf of the individual under
22USC(6)§254d.
44. The American Civil Liberties Union (ACLU)
should interpret this FISA renewal as a second offense
by Congress, as justification to apply to the US Supreme
Court for certiorari from American Civil
Liberties
Union v. National Security Agency. US 6th
Cir. Nos.
06-2095/2140 of July 6,
2007. The
plaintiffs do not want the NSA
listening to their phone calls or reading their emails. The Court held that
this failed to meet the
irreducible constitutional minimum of standing that contains three
requirements.
First, that there be an injury in
fact, second, causation and third, redress ability. It is high time for
the
ACLU to come of age and defend their common law reputation
against the defamation of child
pornography in Ashcroft v. American Civil Liberties Union, 535
U. S. 564 (2002) and Ashcroft v.
American Civil Liberties Union No.
03-218 (2004).
45.
To comply with the Circuit Court the ACLU must demand Civil Liability under 50USC(36)I§1810
in their petition for certiorari, whereby,
An
aggrieved person, other than a foreign power or an agent of a foreign power,
who has been subjected
to an
electronic surveillance or about whom information obtained by electronic
surveillance of such person
has
been disclosed or used shall have a cause of action against any person who
committed such violation
and
shall be entitled to recover—
(a)
actual damages, but not less than liquidated damages of
$1,000 or $100 per day for each day of
violation,
whichever is greater;
(b) punitive damages; and
(c) reasonable attorney’s fees and other
investigation and litigation costs reasonably incurred.
46. Art. 3 of the Constitution requires the party who
invokes the court’s authority to show that he
personally has suffered some actual
or threatened injury as a result of the putatively illegal conduct of the
defendant under Valley Forge Christian Coll. v. Ams. United for Sep. of Church & State, Inc. 454
U.S. 464,
472 (1982). “Injury in fact” is a harm suffered by the
plaintiff that is concrete and actual or imminent, not
conjectural or
hypothetical. “Causation” is a fairly traceable connection between the
plaintiff’s injury and
the complained-of conduct of the
defendant. “Redress ability” refers to
the appropriateness of compensating
the plaintiffs for the damages
they suffered. An association has
standing to sue on behalf of its members
when “its members would otherwise
have standing to sue in their own right, the interests at stake are
germane to the organization’s
purpose, and neither the claim asserted nor the relief requested requires
the participation of individual
members in the lawsuit.” Friends of the Earth, Inc. v. Laidlaw
Envtl. Servs.
(TOC) Inc. 528 U.S. 167, 181 (2000).
47. The ACLU should take this FISA reauthorization as
justification to request certiorari in order to
educate
the public in the art of self defense against unlawful intrusions of the
reserve and violations of the
rules
and regulations. The Interception and
disclosure of wire, oral, or electronic communication is
prohibited whereby
any person who intentionally intercepts, endeavors to intercept, or procures
any
other
person to intercept or endeavor to intercept, any wire, oral, or electronic
communication. On the
first
offense parties are entitled to appropriate injunctive relief. On a second or subsequent offense shall
be subject
to a mandatory $500 civil fine for the Recovery of Civil Damages under 18USC(119)§2520.
48.
Plaintiffs, singly or in class action, have standing to defend against the
Intrusion of Reserves or
Violations of Rules and Regulation under Battle Mountain Sanitarium Reserve at 24USC(3)V§154 that
provides for up to $1,000 fine and 12 months in jail, All
persons who shall unlawfully intrude upon said
reserve, or who shall without permission appropriate any
object therein or commit unauthorized injury
or waste in any form whatever upon the lands or other
public property therein, or who shall violate any
of the rules and regulations prescribed hereunder, shall,
upon conviction, be fined in a sum not more than
$1,000, or be imprisoned for a period not more than twelve
months, or shall suffer both fine and
imprisonment, in the discretion of the court. Battle Mountain Sanitarium Reserve Statute
prohibits
trespassing. It is
quite reasonable that the Court would afford the victims $500-$1,000
compensation for
those willing to disclose of their damages to the Court.
49. Foreign Intelligence Surveillance Act (FISA) of 1978:
Criminal Sanctions 50USC(36)I§1809 provides
for up to $10,000 fine and five years in jail. FISA is a little more expensive than domestic
spying.
Likewise, wiretaps must be obtained only by court
order. A person is guilty of an offense
if he
intentionally engages in electronic surveillance under
color of law; or discloses or uses information
obtained under color of law by electronic surveillance,
knowing or having reason to know that the
information was obtained through electronic surveillance
not authorized by statute. It is a
defense
to a prosecution the defendant was a law enforcement or
investigative officer engaged in the course of
his official duties and the electronic surveillance was
authorized by and conducted pursuant to a search
warrant or court order of a court of competent
jurisdiction. An offense described in this section is
punishable by a fine of not more than $10,000 or
imprisonment for not more than five years, or both.
Gen. Hayden’s promotion while on trial for FISA violations
for which he faces up to five years in prison,
was so ill conceived that the United States must be liberal with the $10,000 FISA fines to afford
legal
the legal fees of the plaintiffs.
50. First Amendment Privacy Protection protects people and
associations from unreasonable search and
seizure unless there is reason to believe that such action
is necessary to prevent death or serious bodily
injury under Privacy Protection: Searches
and seizures by government officers and employees in
connection with investigation or prosecution of criminal
offenses 42USC(21A)IA§2000aa(b)(2). There
is a legal defense that a person is entitled to the
Recovery of Civil Damages under 18USC(119)§2520
that provides for a mandatory $500 civil fine on the second
or subsequent offense. Hospitals &
Asylum
provides for up to $1,000 fine and 12 months in jail, for
Intrusion of Reserves or Violations of Rules
and Regulation under 24USC(3)V§154
and up to up to $10,000 fine and five years
in jail under the
Foreign Intelligence Surveillance Act (FISA) of 1978 50USC(36)I§1809. This $11,500
maximum fine
Is fair. After the FISA
renewal the United States Supreme Court cannot refuse the ACLU $500 for
civil damages and must consider compensating the class
action and attorneys at maximum rates.
The
Supreme Court cannot now refuse the ACLU certiorari so long
as the American Civil Liberties Union
(ACLU) applies for Civil Liability under 50USC(36)I§1810.
51. The ACLU needs to get the joke. The Civil Liberties Union wants Civil
Liability. Civil liberties are
reliant upon the civil liability of the government. How do the candidates stand on the
ratification of the
Rome Statute of the International Criminal Court of 19 December 2003? In defense the United States
Must also ratify the
following four Optional Protocols to extend the protection of human rights
treaty
(and Congressional) committees to individual US
citizens. Do the candidates agree?
- Optional Protocol to the Convention against Torture and
Other Cruel, Inhuman or Degrading
Treatment or
Punishment of 4 February 2003;
b. Optional
Protocol to the Convention on the Elimination of all Discrimination against
Women
of
22 December 2000;
- Optional Protocol to the International Covenant on Civil
an Political Rights of 23 March 1976
relating to the Human Rights
Committee;
- Second Optional Protocol to the International Covenant
on Civil and Political Rights aiming at
the abolition of
the death penalty of 15 December 1989.
VIII. American Economic Development in an Election Year
52. A report titled the, “American
Development Index”, funded by Oxfam America, the Conrad Hilton
Foundation and the Rockefeller Foundation to compare
health, education and income in the United States
with nations around the world as reported by the United
Nations Development Program (UNDP)
Development Index.
The report puts forward sobering data about the United States, including the fact
that Americans live shorter lives than citizens of almost
every other developed nation, ranking only 42nd
worldwide for life expectancy; the US is also ranked 34th in terms of infants surviving to age
one, putting
it on par with Croatia, Cuba, Estonia and Poland for infant mortality.
The report examines why, despite
living in the richest country in the world, Americans don't
live as long as people from virtually all Western
European and Nordic countries, aiming to provide policy
makers with a metric for understanding the
nation's current circumstances and implementing future
change. It's time for the presidential
candidates –
both of them - to offer some serious suggestions for how we
can deal with the troubled economy, an
education system that doesn't properly prepare students for
the real world and a health care system that
leaves millionsuninsured and
without proper access to medical care.
It is sobering that America has
5% of the world's people but 24% of its prisoners and is
the only industrialized nation without
universal health insurance or paid family and sick
leave.
53. Campaigning in Ohio, Barack and Hillary discovered
NAFTA is deficient in both social and
environmental responsibility. McCain, however, embraced free trade and went
to Canada and Mexico to
assure those folks that NAFTA is sacred writ. Among the
issues on which Republicans can find common
ground with Democrats are language, borders, culture,
affirmative action, re-industrializing the nation and
retention of our sovereignty. In July alone, John McCain made three
separate appearances before Hispanic
groups. McCain spoke
to La Raza (The Race), where rival Barack Obama said, "The
Latino community
holds the election in its hands." It is hoped that both candidates will agree that
the key to immigration is
to appreciate the foreign currencies of nations from whence
there come immigrants seeking to benefit from
the favorable exchange rate. If the US were to respond by appreciating the currency of these
nations, not
only would their economic statistics look better but they
could buy more American technology. As
long
as the US dollars stays strong with the Euro and Canadian
dollar the US will furthermore benefit from the
devaluation of the dollar in the form of relief from the
international trade deficit. If American
Goods are
cheaper more people in foreign countries will buy our
exports. Since 2006 the trade deficit
has improved.
54. The Democrats who will decide the outcome in November
are white folks living in Ohio, Michigan,
Pennsylvania and Wisconsin. More numerous than African-Americans and Hispanics
combined, they
have often voted Republican and, as they showed in the
primaries, are wary of Barack, his associations
and his attitudes. A
mid-July Quinnipiac University poll showed Obama leading McCain
among black
voters 94 to 1. Yet, McCain appeared last week at the NAACP
convention to express his opinion on
racial and economic justice. Hillary lost 90 percent of the black vote in
April and May but routed Obama
in Ohio and Pennsylvania by 10 points, and in Kentucky and West
Virginia by 35 and
41. Will half the
white voters vote for Barack, so
the minority vote decides, as they have in so many previous elections?
Will Obama choose Hillary for VP
to secure the white woman supermajority?
55.
Back in 1960, four University of Michigan
professors published a landmark study that, to the nation's
utter
shock, found that Americans are nothing but lemmings when it comes to our most
sacred Democratic
rite,
voting. Titled "The American Voter Revisited," the study revealed
that, Democrats and Republicans
voted
for their respective parties for no better reason than that was what their
parents had done before them.
Independents,
the study claimed, were even less informed than their partisan neighbors. In
fact, if anything,
they
were less interested and involved in politics than the donkeys or the
elephants. The outcome will be
shaped
by long-term, and short-term, forces. First, look at the long-term forces. America
voters return to
their
party identification for guidance. Almost always, they vote for the candidate
of the party they feel
attached
to. It is important to emphasize this point. Someone who says they are a
Democrat will, almost
invariably,
vote for the Democratic Candidate.
Likewise, a Republican will do the same with regard to the
Republican
candidate. This does not leave a lot of wiggle room. There are in fact some
true independents in
the
electorate, but they are only around ten percent of the voters. Besides party,
enduring group attachments
count.
For example, blacks, Jews, Hispanics, women, and labor union members are clearly
more likely
to
vote Democratic, southern white males and evangelicals are clearly more likely
to vote Republican.
With
respect to short-term forces, there are the various issues, and candidate
leadership characteristics.
The
two leading issues, war and the economy, will both be on the agenda in 2008.
What we have shown is
that
Republicans have an edge from voters on the war issue, at least if the war is
going well. With respect to
the
economy, the party in the White House, Republican in this case, will be
punished for bad times. Other
issues,
such as health care or the environment, will have only limited play because, as
we have demonstrated,
most
American voters do not tend to such issues and, when they do, they have difficulty
differentiating the
candidates
on them.
56.
Tax policy is of course the major indicator of a candidate’s economic
policy. For all their economic laws,
managed
competition and free market rhetoric the government is a command economy
reliant upon taxes. The
Tax
Policy Center:
A Preliminary Analysis of the 2008 Presidential Candidate’s Tax Plans of June 20, 2008
says, both candidates have proposed major changes to the
nation’s tax laws. Senator McCain would
permanently
extend the 2001 and 2003 tax cuts, increase deductions for taxpayers supporting
dependents,
reduce
the corporate income tax rate, and allow immediate deductions for the cost of
certain short-lived capital
equipment.
Senator Obama would permanently extend certain
provisions of the 2001 and 2003 tax cuts
primarily
affecting taxpayers with incomes under $250,000; increase the maximum rate on
capital gains and
qualified
dividends; and enact new and expanded targeted tax breaks for workers,
retirees, homeowners,
savers,
students, and new farmers. Senator McCain proposes to extend and expand
permanently the AMT
“patch”
that has prevented most individuals and families with incomes below $200,000
from being affected
by
the tax, and in our interpretation of his proposal, Senator Obama
would also extend the patch. Each
candidate
would also increase the estate tax exemption and reduce the estate tax rate
compared with current
law
in 2011 and beyond, although Senator McCain would cut the tax much more than
Senator Obama.
Finally,
each candidate promises to broaden the tax base and reduce corporate loopholes.
McCain lists
eight
breaks for oil companies as targets but, other than that, is short on details
for his pledge to eliminate
“corporate
welfare.” Obama identifies a variety of steps,
including basis reporting for capital gains, taxing
carried
interest as ordinary income, and enacting sanctions on international tax
havens.
57.
While for the most part economists tend to agree with Barack’s progressive
income tax policies to
give more relief to the poor and tax the
rich, reports that the United States has the second highest corporate
income tax rate the world, is the only
industrialized nation without universal health insurance or paid family
and sick leave, inclines one to agree
with McCain that corporate income taxes should be cut in exchange for
the agreed increase in minimum wage,
mandatory employer health benefits and paid family and sick leave.
Congress would be taking into
consideration the costs to employers to insure their employees while
ensuring
that they uphold ILO standards for corporate worker welfare.
58.
Jody Heymann,
et al., in The Work, Family, and Equity Index: Where Does the United States Stand
Globally? Boston: Project
on Global Working Families by
the Harvard Shool of Public Health in 2004
the Family and Medical Leave Act of February
5, 1993
(PL-303-3) in the U.S. provides only 12 weeks of
unpaid leave to approximately half of
mothers in the U.S. and nothing for the remainder. 45
countries
ensure that fathers either receive paid
paternity leave or have a right to paid parental leave. The United
States guarantees fathers neither paid
paternity nor paid parental leave. At
least 96 countries around the
world in all geographic regions and at
all economic levels mandate paid annual leave. The U.S. does not
require employers to provide paid
annual leave. At least 37 countries have policies guaranteeing parents
some type of paid leave specifically
for when their children are ill. Of
these countries, two-thirds guarantee
more than a week of paid leave, and
more than one-third guarantee 11 or more days. 139
countries provide
paid leave for short- or long-term
illnesses, with 117 providing a week or more annually. The U.S.
provides
up
to 12 weeks of unpaid leave for serious illnesses through the FMLA. At pg. 6
the Project demands
attention
for ILO Conventions,
d.
Holidays with Pay Convention (Convention 132) of
1970;
e. Workers with Family
Responsibilities (Convention
156) of 1981,
f.
Maternity Protection (Convention
183) of 2000.
