Wednesday, February 17, 2010

Obama's Next Term: 25-Life

For a guy with a law degree, Barack Obama doesn’t seem to know much about the law.

And for a guy who claims to have taught Constitutional law, he doesn’t seem to have much regard for the Constitution, either.


If he did, he would know that the Fifth Amendment – you know, one of those first ten that make up the Bill of Rights --- says:

“No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury…. nor be deprived of life, liberty, or property, without due process of law…."


It says “No person,” not just “No citizen.”

It doesn’t say “No person within the continental United States.”

It doesn’t say that because it applies to all persons under the jurisdiction of the United States, wherever and whenever.


In America, under the Constitution --- which is the supreme law of the land and which supercedes any statute, rule, regulation or executive order --- the President does not have the lawful authority to make up a list of people – citizens or not – whom he wishes to kill – or rather, to have killed --- no matter how naughty he thinks they might be.

Not even if he checks the list twice.


In America, before we can take your liberty or your life, we have trials.

With judges and juries.

And you get to confront the evidence against you in a speedy, public trial.

The state has to put its evidence before a jury in public, no secret evidence allowed.

The state can’t use a confession obtained by torture.

You get a “jury of your peers,” 12 good citizens and true, and not a “military tribunal.”

You get legal counsel.

And you’re presumed innocent.

The burden of proof is on the State to prove your guilt beyond a reasonable doubt, not on you to prove your innocence.


In America, we do it this way, not to protect the guilty, but to protect the wrongly-accused innocent. And judging from the number of guys on Death Row who’ve been proven innocent after their convictions, even when we follow the rules and do our best, we make mistakes.

Too damn many.


In America we have a word for “extra-judicial assassination.”

We call it murder.

And it’s against the fucking law, Mr. President.




Since Mr. Obama has planned these murders with his playmates and announced it to the world, it’s also clearly both a conspiracy to commit murder, and pre-meditated. Now, conspiracy is an inchoate offense. That means, if you conspire to murder someone, you’re guilty of conspiracy to commit murder, whether you actually carry out your plan or not.


Conspiracy to commit murder would be a serious felony in most places, New York for example. So Mr. Obama has already openly committed a serious felony.

Can you say “grounds for impeachment,” Kids?

I knew that you could.


Mr. Obama should know – legal scholar that he is --- that no state in the union has a statute of limitations on murder.

If Mr. Obama has one single person killed, he is liable to criminal prosecution for that crime until the day he dies.

He can face prosecution in any jurisdiction in which a conspiratorial act took place. This can include a number of states if at least one conspirator crossed state lines or if the conspiracy involved criminal acts in more than one state.


How can Mr. Obama claim to have the power of life or death over any citizen, and based only on a “suspicion,” at that?


Only because you let him get away with it.





sj






One Big-Ass Mistake, America


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