One of many reasons we should frantically try to stop John Roberts

[Guest guest]

S

Sun, 18 Sep 2005 01:24:53 -0700 (PDT)

One of many reasons we should frantically try to stop John

Roberts

 

 

Dear S,

 

We CAN stop John Roberts from unraveling all our gains

of the past 30 years. Call this toll-free number and

let your two senators know that THEY work for US and

that we are tired of moving backwards, tired of

losses. Register firmly but politely with their aide

that you and your family are STRONGLY opposed to John

Roberts, that you have read his standings on all

issues and find him extremist. The number:

 

877-762-8762

 

Poll after poll shows that much of the world has lost

faith in the U.S., that while many fear us, that fear

does not translate into respect. The scandals of Abu

Ghraib and Guantanamo have put us in a downward

spiral, and a man who does not oppose the atrocities

of these and other prisons will do nothing but

increase the speed of the downward spiral.

 

According to the rules of the Geneva Convention,

designed to protect people detained by military

forces, prisoners of war have the right to be tried in

courts-martial rather than by military " commissions. "

Military courts-martial, like civilian courts, offer

rights and legal protections denied to prisoners tried

by these commissions. Additionally, these

international treaties state that prisoners taken in

war are entitled to hearings prior to a criminal trial

which would decide whether they qualify as prisoners

of war.

 

Adherence to these Geneva Convention rules was

recently tested by a three-member Court of Appeals, on

which John Roberts currently sits.

 

In November, 2004, a lower court blocked the military

commission trial of a mechanic who worked for a time

as Osama bin Laden's driver. The mechanic, Salim Ahmed

Hamdan, never denied working as bin Laden's driver but

has denied taking part in any terrorist activities; he

has been detained in Guantanamo Bay for over seventeen

months, informally charged with being a member of al

Qaeda. This lower court had concluded that Hamdan and

other prisoners are entitled to hearings in advance of

criminal trials by military officers. Such conclusion

was in keeping with the Geneva convention rules.

 

John Roberts and the other two judges of the panel

cast out the lower court's decision. Such action was,

in effect, an endorsement to the idea that the

president has the power to decide how military

detainees are to be handled during a time of conflict

[NOTE: whether or not the conflict was instigated by

the U.S.]. These three men's judgement supports the

belief that George Bush has complete power to declare

a man to be an " enemy combatant. "

 

Georgetown University professor Neal Katyal is working

as Hamdan's attorney, though he has not yet been

allowed to speak to his client. Katyal, promising an

appeal, expressed concern over the judgement that

supports the military commission rules, whereby

prisoners on trial can be forced to leave the room

while the proceedings against them take place. He has

commented that with this decision, the president is

able to " set up an entire architecture of justice as

he sees fit. "

 

As a result of the judgment to which John Roberts

contributed, Hamdan, a 34-year old mechanic with a

fourth grade education, remains in prison without

legal counsel as he awaits a decision by a military

commission.

 

If Professor Katyal appeals the case, John Roberts may

(and is likely to) again vote against Hamdan's right

to have legal counsel and a trial approved by

international treaties. For some, this amounts to two

hundred years of constitutional law being tossed down

the drain.

 

If we ALL call our Democratic senators (breath is just

wasted on Republican senators) and demand that our

party start listening to US and that we insist upon a

filibuster if that's what it takes to stop this Bush

appointment, we will make enough noise to remind them

that they ARE at OUR mercy.

 

It will take only a couple of minutes. Then, please

call three progressives and ask them to do the same.

If you have no Democratic senators in your state, call

friends outside your own state and ask them to do

this. Remind them that Roe v Wade is only ONE thing

we'll lose if the far right takes complete control of

the senate.

 

The toll-free number is 877-762-8762.

 

These Democrats are dependent upon US if they want to

keep their positions.

 

Thanks,