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Marc Thiessen, King of the Morons UPDATE

Marc Thiessen, former Bush speechwriter, is a dangerous man. Apart from his lunatic ravings and fantasies in his book, Courting Disaster, he has now weighed in on the fact that the Department of Justice is now employing lawyers who helped represent alleged Al Qaeda terrorists in Guantanamo. Obviously Thiessen brings the same ineptitude and ignorance to the issue of jurisprudence that he displays on the issue of terrorism and torture. Thiessen writes in the Washington Post:

Would most Americans want to know if the Justice Department had hired a bunch of mob lawyers and put them in charge of mob cases? Or a group of drug cartel lawyers and put them in charge of drug cases? Would they want their elected representatives to find out who these lawyers were, which mob bosses and drug lords they had worked for, and what roles they were now playing at the Justice Department? Of course they would — and rightly so.

Yet Attorney General Eric Holder hired former al-Qaeda lawyers to serve in the Justice Department and resisted providing Congress this basic information. In November, Republicans on the Senate Judiciary Committee sent Holder a letter requesting that he identify officials who represented terrorists or worked for organizations advocating on their behalf, the cases and projects they worked on before coming to the Justice Department, the cases and projects they’ve worked on since joining the administration, and a list of officials who have recused themselves because of prior work on behalf of terrorist detainees.

No wonder Bush sounded like a fucking moron at times. He had Thiessen as a speechwriter.

In fact, I am willing to bet that Bush on his on would have come off as quite intelligent had he gone with his gut instead of relying on a dope like Thiessen.

Marc, for starters the big difference is that THE MOB PAYS THE MOB LAWYERS AND THE DRUG CARTELS PAY THE DRUG LAWYERS but, and this is a very critical but, AL QAEDA DID NOT AND HAS NOT PAID FOR A SINGLE LAWYER.

Got some startling news for you Marc, lawyers don’t take clients because they are innocent. Sometimes lawyers actually defend people who are guilty. It is called the American system of justice. We start with the presumption of innocence. If you want a legal system that assumes at the outset that the defendant is guilty then you should get your ass to Russia or China asap. You (and I) would be so much happier if you were in a country that celebrates authoritarianism and the right of the state to declare anyone a terrorist without having to prove their claim.

See, America sucks ass because we have this quaint idea that the individual, not the Government, is supreme and that the power of the government, especially the Federal Government, ought to be checked and limited. That’s why lawyers got involved with the question of whether or not a President, not just a Republican President, could grab people, declare them terrorists and hold them indefinitely.

Thiessen goes on to whine:

Where was the moral outrage when fine lawyers like John Yoo, Jay Bybee, David Addington, Jim Haynes, Steve Bradbury and others came under vicious personal attack? Their critics did not demand simple transparency; they demanded heads. They called these individuals “war criminals” and sought to have them fired, disbarred, impeached and even jailed. Where were the defenders of the “al-Qaeda seven” when a Spanish judge tried to indict the “Bush six”? Philippe Sands, author of the “Torture Team,” crowed: “This is the end of these people’s professional reputations!” I don’t recall anyone accusing him of “shameful” personal attacks.

The standard today seems to be that you can say or do anything when it comes to the Bush lawyers who defended America against the terrorists. But if you publish an Internet ad or ask legitimate questions about Obama administration lawyers who defended America’s terrorist enemies, you are engaged in a McCarthyite witch hunt.

Thiessen, you retard, the reason that your list of so-called fine lawyers were attacked is because they violated the very tenets of law that the Constitution enshrines. What the hell has happened to genuine conservatives? There was a time that conservatives believed first and foremost in the rule of law, limited power of the Federal Government and fiscal responsibility. You and your former boss, W, blew those concepts all to hell. Me? I continue to believe firmly and passionately that the power of the Federal Government should and must be limited. I do not believe in a theocratic form of government. The President is not a divine being nor is he (or she) infallible. Yet you persist with this fascistic nonsense to assert that our Government, using fear, can usurp the rights of any individual that it decides on its own is a terrorist or an enemy.

Unlike you I have learned the lessons of Nuremberg. Unlike you I remember and understand the historical precedent of governments run by dictators and thugs–Hitler, Stalin, Mao, Pol Pot. While George Bush is not a criminal on par with those scum, he still engaged in practices that, no matter how noble his intention, presented a direct threat to our system of government and the principle that the government is limited in what it can do to individuals.

There is a part of me that secretly hopes that Barack Obama begins to do exactly what George Bush did. Only this time, following a terrorist attack by a group linked to Tea Party folks, he goes after conservatives who are speaking out against his government. Only then will you understand the slippery slope you are on and only then will you begin to appreciate that our system of government is not and should not hinge on whether the President is a “good guy” or “well intentioned.” Moreover, sovereign has the right to unilaterally declare a person guilty or to imprison them at will without limit. That is not America.

Our system holds that “all men are created equal and endowed by their Creator with certain inalienable rights.” That’s a concept you ought to explore.

UPDATE: I wanted to respond specifically to the assertion from “NO LONGER BANNED IN BEANTOWN.” I have no problem with legislative oversight and seeking an answer to the question, “Are lawyers who represented clients at Guantanamo now setting policy on the issue at DOJ?” That is a legitimate question. Under judicial ethics a lawyer who had a material interest in a case while in the private sector must recuse himself or herself from working on that case if they hold a government job.

But that’s not what is going on here. Thiessen would not have been a moron if he had simply made the case of asking the question or offering evidence that these lawyers were involved in a conflict of interest. Instead, Thiessen and the other fascists, like Liz Cheney, proceed with the smear of guilt by association. There is no evidence that the lawyers now in the Department of Justice who worked on the cases of the Guantanamo prisoners have engaged in a conflict of interest. That is why I think Thiessen is a person without honor or integrity and why BANNED IN BEANTOWN is off the mark.

  • No Longer Banned in Beantown

    Sorry Larry but Theissen has a point it’s called “Conflict of Interest”.  And the standard is supposed to be even higher whenit concerns public trust positions.

    The problem is thta Washington is totally clueless about conflics of interest, especially when it comes to their own activities. Thiesson, Bush II, Cheney, and Halliburton come to mind, but the list goes on and on like the revolving doors in DC.

  • Peggy Sue

    Well, now I know where Liz Cheney pulled her moronic ad from–the Al Qaeda 7–Thiessen’s butt. 

    And conservative lawyers are defending the attack on Holder and the Justice Department.  The likes of Ken Starr, Condolezza Rice and Ken Olsen have come out and said quite clearly that these attacks are off the mark and antithetical to American values, which is defending the Rule of Law, regardless of how despicable the defendants might be.

    This is also a reminder: given an opportunity Republicans will go over the cliff with this politicization of any and all terrorist issues.

    I have to say, I was glad to see and admire the conservative lawyers who stepped forward to do and say the right thing.

  • Diana L. C.

    Thanks, for the post, Larry!

  • Peggy Sue

    make that “refuting the attack on Holder and the Justice Department.”

  • Hokma

    “Thiessen, you retard, the reason that your list of so-called fine lawyers were attacked is because they violated the very tenets of law that the Constitution enshrines. What the hell has happened to genuine conservatives?”
    I’m curious. Exactly what tenets of the Constitution did those Bush lawyers violate specifically?
    “While George Bush is not a criminal on par with those scum, he still engaged in practices that, no matter how noble his intention, presented a direct threat to our system of government and the principle that the government is limited in what it can do to individuals.”
    Again, I am curious what he did to individual citizens that violated our system of government?
    “Only this time, following a terrorist attack by a group linked to Tea Party folks . .”
    What evidence do you have that a member of the Tea Party would commit a terrorist act?
    “all men are created equal and endowed by their Creator with certain inalienable rights.”
    I assume you are referring to Al Qaeda terrorists, in which case they committed crimes against humanity and therefore lost whatever rights other have.
    Of course you seemed to miss the fact that the uproar over these attorneys was that Holder tried to bring these attorneys in without telling anyone and ignored requests for information on them from the Senate – and still is. Since when are U.S. Attorneys kept secret from the public? What is Holder and Obama hiding?

  • Bronwyn

    Jane Mayer wrote a fascinating account of the efforts of a conservative Republican attorney to fight the Bush administration’s excesses against detainees.  He was General Counsel to the U.S. Navy, and worked in the Pentagon.  His position was the equivalent of a four-star general.  

    His name is Alberto Mora.  He began his fight after the head of NCIS came to him with reports he’d received from NCIS agents about the treatment of detainees at Guantanamo.

    It’s a hell of a story about a devoted Republican who believed in upholding the highest standards of everything that this country should stand for, and how those standards were being breached by the pro-torture Cheneyites and their obliging attorneys.  Read it here:
    http://www.newyorker.com/archive/2006/02/27/060227fa_fact

    Mora’s story also goes to show that not all conservatives are in the Thiessen/Cheney camp.

    I wish Mora would write a book and hit the talk shows. His views need more publicity.  And his first-hand run-ins with the Cheneyites are shocking — it’s amazing what they did to subvert Mora’s efforts to uphold true American values.

  • No Longer Banned in Beantown

    “I’m curious. Exactly what tenets of the Constitution did those Bush lawyers violate specifically?”

    King George suspended Habeus Corpus, set up military trbunals that did not comply with UCMJ or the Geneva Convention, and implemented enhanced torture in violation of the Geneva Convention and standard military procedures.

    King George could have been ok constitutionally if he had realized he was not actually King. Justice Kennedy said Dubya needed to request and receive approval from Congress for methods of treatment and military tribunals.

    And, now we have a “Constitutional Scholar” who thinks he can do as he pleases with terrorists without seeking approval from congress. 

  • Bronwyn

    Well said, Peggy.  It’s never made any sense to me that people look down on attorneys who defend criminals or terrorists since the American system guarantees legal representation for all accused persons, including the guilty.  

    Besides guaranteeing that the accused are represented, these attorneys are also watchdogs to make sure that the U.S. legal system is conducted fairly and according to the law and to legal precedents.

    Liz Cheney needs to take a class in criminal law.

  • EllenD

    Lawyers are guns for hire. They must defend people even if they are guilty. As Larry said – that is the American Justice System. They defend people whose values are not their own and who do things they find repugnant. They should not be identified with the cases they take and sometimes HAVE TO TAKE as Public Defenders.
    Your concept of Conflict of Interest is completely wrong.

  • EllenD

    Thanks, Bronwyn. Yes, this guy is amazing.

  • EllenD

    Larry, this diary is one of your best. I commend you for pointing out how the public is being led astray.
    When people lose all understanding of the American Justice System we are all in big trouble. Good lawyers defend their clients to the best of their abilities, and it must be very difficult when you know you are fulfilling a necessary function for Society but are on a side that you don’t personally like and  will be attacked personally for.

    BTW – Any smart business person who has been on the losing side in court knows to hire the winning lawyer the next time there is any sign of an upcoming  problem.

  • Peggy Sue

    Thanks for providing the link, Bronwyn.  A worthwhile read.  One section jumped out at me and applies to a lot of what we’re reading and hearing these days on many fronts:

    Mora thinks that the media has focussed too narrowly on allegations of U.S.-sanctioned torture. As he sees it, the authorization of cruelty is equally pernicious. “To my mind, there’s no moral or practical distinction,” he told me. “If cruelty is no longer declared unlawful, but instead is applied as a matter of policy, it alters the fundamental relationship of man to government. It destroys the whole notion of individual rights. The Constitution recognizes that man has an inherent right, not bestowed by the state or laws, to personal dignity, including the right to be free of cruelty. It applies to all human beings, not just in America—even those designated as ‘unlawful enemy combatants.’ If you make this exception, the whole Constitution crumbles. It’s a transformative issue.” Powerful argument from a man who still believes in what America has stood for, should always be and sadly, how those from within have tried to dismantle it.

  • Hokma

    The history of military tribunals for foreign enemies of war began with George Washington and was even used by Abraham Lincoln during the civil war. It is well within the power of the President to have military tribunals for enemy combatents who commit war crimes. The Geneva Convention should have nothing to do with terrorist warriors but Bush abided by them anyway.

    Bush did have authorization from Congress to conduct military tribunals. That is a fact. The Supreme Court did not strike down its use – only the procedures they were doing and for whom.

    Had Bush violated the Constitution, then I assure you the Democratic Congress would have brought charges of impeachment. They did not.

  • No Longer Banned in Beantown

    Ellen D – your Concept of “Conflict of Interest”, like in DC, is not strong enough.

    Take your example of a Public Defender, and Larry’s example that the terrorist’s lawyers were not paid by the Terrorists.

    Would a district attorney’s office hire a former PD, who defended crips, bloods and MS 13 gang members, and put the PD on cases prosecuting members from the same gangs?

    Nope.

    And if he did, no judge in his right mind would allow it.

  • Steve1

    Old Abe also suspended the Writ of Habeous Corpus during the national emergency!  I can’t recall if the Supremes declared it unconstitutional????  But I do know, that The Supremes did not render their judgment until the CW was long over!

  • Steve1

    EllenD, Your guideline  should also be applied to our “Biased, slanted, corporate controlled MSM!”  According to your standards, our public is endangered by their distorted reporting?

  • graywolf

    Couple of things conveniently overlooked in this defense of the “noble” lawyers who volunteered to defend terrorists.
    They (the terrorists) HAD lawyers, supplied by the military; the same defense a serviceman would have available.
    These lawyers, and their “noble” firms, could have pro-bon’ed any number of much more deserving Americans.
    They CHOSE to get involved with al Qaeda – for fame?
    Out of sympathy?
    OK…that’s fine.
    Jumping to the public payroll from there is another thing.
    Thiessen, and Liz Cheney, are right.

  • Yttik

    I totally agree, Larry Johnson. Lawyers represent bad guys all the time, it’s called justice. You don’t hold a lawyer’s clients against them, especially when they were appointed to represent somebody. Defending a serial killer doesn’t make you an advocate of serial killers.

    However, the Obama administration’s inexperience and naivete stands out here. These are political appointments, this is about public relations and public perceptions. You do everything possible to avoid any whisper of impropriety, even where none exists. There may be no conflict of interst anywhere, but people are going to perceive there is if you take a defense lawyer and put him in the prosecuter’s office. I believe Hillary Clinton would have been aware of this and taken it into consideration.

    Thiessen really is most likely a moron, but when you have old clips and quotes from some of these lawyers claiming that their defendant is really a good guy who is just being railroaded, and these same lawyers are now in working for the justice department, you got yourself a political situation. Not to mention the detainees themselves, I mean in the interest of justice, it would kind of suck to have your lawyer now working on your prosecution. Again, you have an appearance of impropriety even if one doesn’t exist.

  • Onofre’s arm

    I’m curious graywolf, who are the Americans who deserve to be “pro-bon’ed”? I mean………. there’s a lot of that going around lately, I’m just not sure how much of it is deserved.

  • No Longer Banned in Beantown

    “It is well within the power of the President to have military tribunals”

    US Constitution, Article I Section 8 Powers of Congress:
    To define and punish Piracies and Felonies committed on the high Seas, and Offenses against the Law of Nations;
    To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;

    Now where exactly is that power of President to have Military Tribunals?

    Your claim that it is Ok because the first George W did it is not valid, because that was prior to the adoption of the Constitution and even before the Articles of Confederation were ratified.

    You are right that Lincoln suspended habeas corpus, but the Supreme Court ruled that Lincoln had violated the Constitution. Lincoln and the Military ignored the Supreme Court ruling.

    1866, the Supreme Court fully overturned the suspension of habeas corpus.

    Bush II did ignore the Geneva Convention regarding torture, unless you can define things like waterboarding are not torture. George’s lawyers defined torture as not really real torture. But Lawyers will define shit as not coming from an asshole if they are asked to.

    Speaking of shit coming from an asshole, all of Obamas lawyers in Congress are trying to presuade us that his Health Care package did not come out of his asshole.

    Oh well, they are just hired “mouth guns” and will say anything. My client is innocent!!!

    No, lawyers never lie. It can’t be a lie when it is part of your job description and training.

  • No Longer Banned in Beantown

    Any smart businessman or woman knows to stay out of court in the first place.

    Most do not.

    And some, Toyota for example, have actuaries that tell them they have nothing to lose financially if they bring on lawsuits.

  • Kbentleyis

    I rather have a problem with it too.  I keep thinking, what if it were attorneys who represented the KKK?  And, now they’re called upon to represent a group of KKK.  Would their be a conflict of interest?

    I’m on a fence here because I believe in America–I just don’t believe in the people who are representing it.

  • Onofre’s arm

    Well NLBiB, control the language and you can control the debate. Labeling enhanced interrogation as “enhanced torture” as you did further upthread is an old semantic trick. While you may have strong feelings that water boarding is torture, it has yet to be classified as such in any legally controlling ruling that I’m aware of. And unfortunately, the definition of torture is subjective, and has a broad range of interpretation. Since it is unlikely that a definitive delineation will ever be determined between what constitutes torture and what is not torture, the debate could be endless.

    This is a nice example of something I’ve been pondering for some time now, and that is, how and why does the same event or situation become viewed quite differently by different people? I know it is dependent upon an individuals life history, but it is very interesting to me when people can look at the same picture, and arrive at completely different conclusions. You claim water boarding is torture, but from the perspective my life has given me, it is not.

  • prime obot

    Ha, that’s amusing. Care to weigh in on this question, Larry? 

    I don’t know enough about these issues to pontificate with my usual level of confidence, but I have certainly long believed that Bush did indeed violate the Constitution in his war on terror, and repeatedly. The Democratic Congress didn’t impeach him because, well, because they are cowards who feared the political blowback in 2008, an election which (as I kept telling everyone here at NQ) they were virtually guaranteed to win anyway. 

  • prime obot

    PS: Outstanding post, Larry. 

  • Larry Johnson

    Graywolf,
    Your ignorance is spectacular.  The military lawyers asked for outside help.  That’s a major reason these folks got involved.

  • Founding Father

    I don’t see what Marc Thiessen has written is in anyway “dangerous”. Did he actually say those lawyer can’t be hired or is he trying to make that fact known to the public? It seems to me this is just another instance, in a long list of instances where Obama and his crew are always associated with people who have a certain set of values in common.

  • Founding Father

    What exactly makes Thiessen “really is most likely a moron” anymore than say, you are really mostly likely a moron?

  • HolyRoller

    I know better than to argue with Maxwell Smart…super Spy…but I was just checking in to see if you might have the “whitey tape” yet.
    …Maybe Valery Plame has it…I’m sure you would love tomhave a good reason to search her…or even bettter have Joe go somewhere to search for it while you keep the “home fire” burning for him.

  • Craig Della Penna

    Y’all might be interested in this piece over ar Salon:

    http://www.salon.com/news/guantanamo/index.html?story=/news/feature/2010/03/09/confessions_terrorist_sympathizer

    David Frakt actually manages to find humor (of the gallows variety) in this shameful attack by Theissen/Cheney.

  • HolyRoller

    ignorance?   mirror mirror Agent 86.

  • Onofre’s arm

    What, it’s amusing that different people have different interpretations of what torture is, Botfly? Perhaps for myself and many others here at NQ, reading the inane and syrupy, progressive ass kissing postings of Prime Obot, the Ned Flanders of Obamaland, could be considered torture. 

  • HolyRoller

    graywolf…better be careful…you are discusing common sense with a double naught spy.  He might try to plant some “yellow cake” on ya.

  • candymarl

    I’m sorry Mr. Johnson but this is one of the rare occasions I have to disagree with you. Let’s say you were a defendant in a case and  the lawyer defending you was now a member of the prosecutors office determined to convict you.

    Human nature being what it is, politics aside, would you be absolutely sure that your former defense attorney(s) would not disclose any information about you to their new bosses?

    No laws may have been broken but it stinks to high heaven.

    Would you say the same if Valerie Plame’s lawyers had suddenly switched sides and worked for those trying to disprove her case? I suspect not.

    If there is paperwork on file where these lawyers swear not to violate the attorney/client privilege I might be comfortable.

    However, under the Patriot Act , continued by Obama and company I’m not sure that even applies.

    But hey, they’ll get to all of us sooner or later. Maybe even the CIA.

  • Onofre’s arm

    Interesting interview. Too bad the Col. seemed to think it was necessary to conduct the entire interview in the fictitious and sarcastic persona of an Al Qaeda sympathizer. He comes off as petty and churlish, and to approach this serious issue with such a flippant attitude, detracts from the gravity of the subject, and deeply undermines his credibility and integrity. He sounds like an ass, although this impression could be partially the result of being interviewed by the congenitally snide Maddow.  

  • carol haka

    Two problems with your interpretation.

    1st – This is not happening in America.  And anyone who thinks that what some believe as war crimes has not and doesn’t continue everywhere in the world is pretty naive.

    2nd – Attorneys that have chosen to go to represent “potential terrorists” are not doing so for any reason other than an ideological quest.

    War ain’t pretty, and you don’t get very far playing by the rules while the murders stock up on explosives.

    Rule 1 – you can’t carry explosives or weapons on board an aircraft.  Whoops, the terrorists decided not to play along.

    Rule 2 – you don’t get to put together the ingredients to make a bomb and load it onto the back of a truck or boat or ship or airplane, or ….  Whoops, the terrorists decided not to play along.

    Once again, I know water-boarding worked and minimally saved LA.

    If you don’t want to be water-boarded or even treated with real “torture” stay the fuck out of terrorist camp.

    Just saying …………

    >:o

  • Hokma

    How can an attorney who is bound by an oath of client confidentiality move from being the defender of a client to the prosecutor of the same client? There is a definite ethical standard not being followed here which is nothing new with the Obama administration.

    Also, if this was so ethical why would Holder try to keep these attorneys a secret from the Senate?

  • Hokma

    One more reason this hiring of these lawyers smells of corruption. 80 of these GITMO detainee lawyers backed Obama for President in January 2008:
    http://www.boston.com/news/politics/politicalintelligence/2008/01/lawyers_for_git.html

  • Steve1

    Yes and the national emergency was long over, CW ended 1865!  Sc has always allowed executive leeway in times of crisis! Thy tend to reign in that allowance when the crisis is over with!

  • Jillie

    “We start with the presumption of innocence. If you want a legal system that assumes at the outset that the defendant is guilty then you should get your ass to Russia or China asap.”

    eric holder has stated that ksm is guilty and will be executed.  and if, by some fluke, ksm is acquitted, he will still not be released.

    ksm accepted a guilty plea and asked to be executed.  that was in 2008.  why is this joke of a trial even being considered a year and a half later?   

  • Larry Johnson

    Jillie,
    Every prosecutor believes and argues that their target is guilty and will be convicted.  The issue is whether or not the system is rigged to produce that result.
    LJ

  • Jillie

    i’ve never heard a prosecutor say that a defendant will never be set free, under any circumstances.  what is the point of the trial, then?

  • Captain Jack Sparrow

    Hokma

    You are such a fucking jackass it no longer even funny!  So jackass tell us all about you militay experiences especially with tribunals? Your fucking opinion are nothing more than RNC Talking points with any bases in fact!

    I told you tell your story to Adminral Hudson and see what a real JAG has to say…. But you a gutless piece of shit because your afraid to know the truth.

  • Captain Jack Sparrow

    Another idiot! But it’s ok for a prosecutor to became a defense attorney?

  • Captain Jack Sparrow

    HolyRoller

    Holy Roller? Your kidding? More like Holy Idiot! You another one who believes in St. Glen Beck? What the hell have you done to improve humanity lately?

  • Hokma

    NLBB – FYI
    The U.S. has long incorporated in its laws the international law of war, both customary and codified. After debate, the Bush administration affirmed that the Geneva Conventions of 1949 did apply to the captured al-Qaeda and Taliban fighters and therefore were not eligible for prisoner of war status. Al Qaeda are not recognized members of an armed force, they are unlawful belligerents under the law of war and therefore are responsible for breaches of the law of war. However, the Bush Administration still maintained that all detainees were to be treated in accordance with the humanitarian aspects set out in the Geneva Conventions even though they were not entitled to the protections of Geneva Conventions given to prisoners of war.
    The difference between federal courts and military tribunals is that in a military court Al Qaeda detainees can be tried as war criminals with violations of the law of war. In federal court these same terrorist can only be tried on terror related criminal statutes. By trying these terrorists in a civil court it implicitly denies that there were war crimes.
    Also military tribunals do derive their basic grant of authority from Articles I and II of the U.S. Constitution. Respectively, Congress has the power to “define and punish … offenses against the Law of Nations,” and the President is the “Commander in Chief of the Army and Navy.” Furthermore, Congress has provided for the use of military commissions in Article 21 of the Uniform Code of Military Justice (UCMJ).
    The Supreme Court has upheld the jurisdiction of military tribunals stating: “By the Articles of War, and especially Article 15, Congress has explicitly provided, so far as it may constitutionally do so, that military tribunals shall have jurisdiction to try offenders or offenses against the law of war.”
    Also while the Supreme Court has held that the Constitution’s 5th and 6th Amendments apply to non-U.S. citizens, they do not extend to individuals subject to trial in military tribunals for war crimes.
    The American Bar Association Task Force on Terrorism and Law found that the terror attacks of 9/11, were violations of the law of war and justify the use of military tribunals to prosecute accused terrorists. In 2002, the ABA House of Delegates supported Bush’s use of military tribunals, but recommended that the implementing regulations afforded to “an accused in any military tribunal be raised to the level that would satisfy the requirements of fundamental fairness.”

  • Captain Jack Sparrow

    HolyRoller …plain and simple your an asshole….

  • Captain Jack Sparrow

    I think the Colonel was right on mark… He was mocking people like you and that idot Hokma. By the way nice of you to call a military office an ass. Might have been a JAG but he served. You ever where the uniform? 

  • Hokma

    LJ – Regarding your update. I agree with the motive of Thiessen and Cheney, but there is a more substantive issue in the Senate. There is a potential clear conflict of interest of former defense attorneys now acting as prosecutors of their former clients. And why would Holder keep the identities of these attorneys a secret and withhold information from the Senate if this was all above board?

  • Captain Jack Sparrow

    What as jackass you are Hokma. Where did you get your understand of the UCMJ from? RNC Talking Points? Hey stupid even people in military tribunals, even those in war crimes tribunals have rights and under the under UCMJ  Article 31 the rights of many detainees were violated.

    We have such a long history of tying terrorists as unlawful combatants that all the terrorists tried while Bush was President were tried in FUCKING FEDERAL COURT! ASSHOLE! Who do you and Glen Beck think you are picking and choosing who get’s tried by the military and who gets tried by the civilian courts? You do you think you are?

    I guess you agree that idiots like Padila a US Citizen arrested on US soil can also be striped by Presidential Order of all their legal rights and flipped to a military brig and held without legal counsel until they rot? Right? Your such a hero boy Hokma!

  • EllenD

    That “interview” was terrific, Craig and summed up the insanity of the whole situation.
    Unfortunately sarcasm and farce are misunderstood qualities these days.

  • EllenD

    Larry, I’m sure this is one of those days you just feel like shaking people or putting your fist through the wall.

    People – lawyers are PROFESSIONALS. They defend people despite their own opinions – that’s what they do. That’s their job. Policemen and Firemen save people. They may not  like those people, but they are PROFESSIONALS. That’s what they do. Add Doctors and Nurses to that too.

    They day when we keep Professionals from doing their jobs because we don’t like the people they are assisting by doing that job is the day we lose any claim to being a civilized society.

  • Captain Jack Sparrow

    What as jackass you are Hokma. Where did you get your understanding of the UCMJ from? RNC Talking Points? Even people in military tribunals, even those in war crimes tribunals have rights under the  UCMJ Article 31.  The rights of many detainees were violated.  I guess that was the fundamental fairness of the Bush Administration. Lets not talk about what the ABA Criminal Chair said about the ABA House Delegates Report. Lets also talk about the ABA reaction since that report. Lets also talk about what all this mess lead to within the ABA World Justice Project, I hate people who pick and choose facts to support their own agenda. Like you Hokma!  
     
    We have such a long, long history of tying terrorists as unlawful combatants that all the terrorists tried while Bush was President were tried in FUCKING FEDERAL COURT! ASSHOLE! Who do you and Glen Beck think you are picking and choosing who gets tried by the military and who gets tried by the civilian courts? You do you think you are?  
     
    I guess you agree that idiots like Padila a US Citizen arrested on US soil can also be striped by Presidential Order of all their legal rights and flipped to a military brig and held without legal counsel until they rot is just fine and dandy? Right Hero boy Hokma? The whole issue is so simple for you Hokma. You do give a rats ass about anything else but yourself.

    “There is not in any volume, the sacred writings excepted, a passage to be found better worth the veneration of freemen than this: ‘They that can give up essential liberty to obtain a little temporary safety deserve neither liberty or safety.’” Benjamin Franklin

  • Captain Jack Sparrow

    What as jackass you are Hokma. Where did you get your understanding of the UCMJ from? RNC Talking Points? Even people in military tribunals, even those in war crimes tribunals have rights and are protected under Article 31.  The rights of many detainees were violated. I guess that was the fundamental fairness of the Bush Administration. Lets not talk about what the ABA Criminal Chair said about the ABA House Delegates Report. Lets also not talk about the ABA reaction since that report and the entrance of the  World Justice Project. I hate people who pick and choose facts to support their own agenda. Like you Hokma!  You coward.
       
    We have such a long, long history of tying terrorists as unlawful combatants that all the terrorists tried while Bush was President were tried in FUCKING FEDERAL COURT! ASSHOLE! Who do you and Glen Beck think you are picking and choosing who gets tried by the military and who gets tried by the civilian courts? Who do you think you are?  I challenged you to write Admiral Hudson and put your points to him. But you rather think your shit does not stink. I guess you think that the phrase “social justice and economic justice” are buzz words for Nazism like your leader Glen Beck does.
       
    I guess you agree that idiots like Padila a US Citizen arrested on US soil can also be striped by Presidential Order of all their legal rights and flipped to a military brig and held without legal counsel until they rot is just fine and dandy? Right Hero boy Hokma? The whole issue is so simple for you Hokma. You don’t give a rats ass about anything else but yourself and your own private political agenda.  

     
    “There is not in any volume, the sacred writings excepted, a passage to be found better worth the veneration of freemen than this: ‘They that can give up essential liberty to obtain a little temporary safety deserve neither liberty or safety.’” Benjamin Franklin

  • Captain Jack Sparrow

    I think the Colonel was right on mark… He was mocking people like you and that idot Hokma. By the way nice of you to call a military office an ass. Might have been a JAG but he served. You ever wear the uniform? 

  • Hokma

    Lawyers are definitely professionals. So are . . .
    To that point:
    Q: What do you call 3000 dead lawyers at the bottom of the river?
    A: A good start!
    Q: How can you tell when a lawyer is lying?
    A: His lips are moving.
    Q: Why won’t sharks attack lawyers?
    A: Professional courtesy.

  • Onofre’s arm

    Captain Jackass Birdbrain, try to learn the proper use of “your” and the contraction “you’re”. The sentence should read, “…plain and simple YOU’RE an asshole. And for the sake of driving home this point I’ll repeat it several times Birdbrain: YOU’RE an asshole! YOU’RE an asshole! YOU’RE an asshole! As I’m sure you must hear this quite often, it’s important for you to understand the correct way to spell it, even if YOU’RE only jotting down in YOUR diary what people have told you.

  • Hokma

    Cap Zero – once again zero contributions.

  • Hokma

    HolyRoller – Cap Zero pops in and never has anything worthwhile to contribute other than senile comments.

  • TeakWoodKite

    Jillie, respectfully , that comment by Holder was not for the court of law but the court of public opinion. I was curious when I heard him say that, if it could be considered prejudicial in a criminal proceeding and what if any effect it may have.

    It was unwise to make a statement like that, but then anything these straycats say at facevalue is suspect.
    Most of this is mute because Barry can’t dictate the venue unless he is willing to foillow in Bush’s foot steps. BO has already traveled down this road which lays to rest any pretense of authentic leadership on his part.

    Assholes that defend the opinions of ” fine lawyers like John Yoo, Jay Bybee, David Addington, Jim Haynes, Steve Bradbury and others” like are the biggest suckers of all. They are just the grease for the skids of injustice from the left and right.

  • TeakWoodKite

    Jillie, respectfully , that comment by Holder was not for the court of law but the court of public opinion. I was curious when I heard him say that, if it could be considered prejudicial in a criminal proceeding and what if any effect it may have.  
     
    It was unwise to make a statement like that, but then anything these straycats say at facevalue is suspect.  
    Most of this is mute because Barry can’t dictate the venue unless he is willing to foillow in Bush’s foot steps. BO has already traveled down this road which lays to rest any pretense of authentic leadership on his part.  
     
    Assholes that defend the opinions of ” fine lawyers like John Yoo, Jay Bybee, David Addington, Jim Haynes, Steve Bradbury and others” are the biggest suckers of all. They are just the grease for the skids of injustice from the left and right

  • Onofre’s arm

    Hey Captain Jackass Birdbrain, I didn’t call him an ass, I wrote that he SOUNDED like an ass, there’s a big difference. Try to wrap your pea sized brain around this: One can sound like an ass, yet not be one. One can be an ass, yet not sound like one. And in your case, one can sound like an ass, and INDEED be one.

    And simply because someone has worn a uniform doesn’t insulate them from criticism and contempt. Do the names McVeigh, Calley, Idi Amin, Oswald, and your good buddy Hitler ring any bells?

  • Onofre’s arm

    I have a question Hokma. The title of Larry’s article is “Marc Thiessen, King of the Morons”. If this is so, why isn’t Captain Jackass Birdbrain defending his King?

  • ces

    Yup, read her book, too. It’s quite good.

  • Onofre’s arm

    I’ll finally have to disagree with you about something Hokma, his comments are puerile, not senile. We can debate our impressions if you’d like.

  • candymarl

    War crimes happened overseas during WWII and yet the defendants received pubblic trials and  vigorous defense. Did they win? No. Because their crimes were too well documented.

    People were murdered, tortured, raped during every war in the history of humankind. Does that make it okay? No.

    But hey, torture and waterboard whomever you want. But then you can’t complain when the same evil sickness is returned.

    What have we become?  Use the word terroist and whatever happens is okay? If a few innocent people get caught in the crossfire too bad for them.

    We have the means, weapons, and properly trained folks to take these people out. Ask the Mossad.

  • graywolf

    What ignorance……. that’s so spectacular?
    I said that these guys had military lawyers. True or not?
    Is this an example of the fabled CIA “analytical skills”?

  • No Longer Banned in Beantown

    Hokma, I am in complete agreement with your reply re: Military Tribunals.

    However, regarding “enhanced interrogation” and torture, I will refer to John McCains numerous statements and larry Johnsons experts.

  • No Longer Banned in Beantown

    Really, the defendant lawyers asked for help? What law firms are helping the governments case?

    Or does JAG only put helpless lawyers as defense attorneys?

  • No Longer Banned in Beantown

    Defending the accused is not the problem. The problem is switching sides and conflicts of interest.

     ”quotes from some of these lawyers claiming that their defendant is really a good guy who is just being railroaded”

    Then switching sides and prosecuting other terrorist defendants is a clear conflict of interest.

  • Jackie

    Larry, this is ten tons of AWESOME.  Thank you for setting the record straight in your classic, pithy, brilliant way.  Better said than I or many others ever could.

  • Jackie

    Is it ok if a lawyer defends an accused rapist?

    How about an accused child molestor?

    Or an accused murderer?

    What about an accused bank robber?

    Better than that, what about Bernie Madoff’s lawyer?  You ok with him?

    BOTTOM LINE: Lawyers represent people who more than likely have done terrible things.  But they still get representation.  To defend themselves against the state.  It is a right that ALL of us are GUARANTEED.  To tear it apart the way the Cheneys and Thiessens would have us do would be to straight up snap a Zippo on the Constitution and let it Burn, Baby Burn.  Everyone needs to grow a pair and swallow hard.

  • Onofre’s arm

    Ooooo, another unruly subject who is in defiance of her King.

  • whoframedrudy

    “Bush did have authorization from Congress to conduct military tribunals.”
    Actually, Bush set up the military tribunals first without Congressional authority.  The Supreme Court ruled that only the Congress had that authority.  Congress then passed the Military Commissions Act, granting authority to the President.

    In a subsequent case, the Court required habeas corpus for detainees held under the Military Commissions Act.

  • Onofre’s arm

    Well Jackie, I seriously doubt you’d be able to find a lawyer bold or savvy enough to defend you if you were charged with criminal stupidity. 

  • whoframedrudy

    This was my criminal law exam:

    Part A:  Argue that the Defendant is guilty.
    Par B:  Argue that the Defendant is innocent.

    The same issue came up in Ashcroft’s confirmation hearings.  Because he had represented the defendant in a civil rights case, opponents claimed he would not enforce the Civil Rights Act.  Because he was anti-abortion, opponents claimed he would not prosecute anti-abortion terrorists.  The right rejected those charges.

    If I wanted to destroy an invincible military superpower like the USA, I’d try to unravel its Constitution.  Then I’d watch it self-destruct and collapse like the USSR.  We’ll have to do some ugly things in the war on terror.  Catching them is the big problem.  What we do with them after we catch them seems like the easy part.  I don’t think its worth abandoning our values over detention policy.  Our values are under enough pressure in battle and just catching them in the first place.  I’ve heard too many experts say there is no huge intelligence bonanza to be gained from detainees that justifies ’any means necessary’.

    I’m not all ”Hallmark Card” about the Constitution.  To me, the Constitution is the blueprint for a stable superpower.  You fuck with the blueprints, the bridge falls down.

  • whoframedrudy

    “I was curious when I heard him say that, if it could be considered prejudicial in a criminal proceeding”

    The problem is the President said the same thing.  So it’s absolutely globally prejudicial.  If POTUS said my client was guilty on national TV, I’d be screaming for dismissal.  A defense lawyer can compete with a prosecutor in the press, but not with POTUS.  Holder screwed up the KSM trial, but that’s the one specific case.  Generally, I think the President has the discretion to go either military or civilian and should decide what works best case-by-case.  Of course, it helps if POTUS and AG aren’t incompetent.  The new Military Commissions Act excludes really weak evidence in habeas corpus, so I’m okay with tribunals as one option.

  • Captain Jack Sparrow

    Once again you dodge facts. There is no wisdom in Hokma just bullshit….

  • Captain Jack Sparrow

    Onofre… your another mindless idiot you play with momma.

  • Captain Jack Sparrow

    Well, well lookie who we got here the Marx Brothers… Birdbrain, Onofre (who is a character) and Hokma. The three of you together could not generate enough back pressure to blow one of your noses.

  • Captain Jack Sparrow

    Onofre

    Let me tell you what torture is. It’s reading insane postings by you, Hokma (wisdom’s nightmare) and Birdbrain from Beantown which seems to indicate that the intelligence process of you three survives solely on steroids…

  • Captain Jack Sparrow

    Look who’s talking coward boy… You Hokma and folk like you are the real dangers to society. Mindless jackass….

  • Captain Jack Sparrow

    Onofre… I rather misuse a word rather than walk around life as ignorant as you do.

  • Captain Jack Sparrow
  • Captain Jack Sparrow

    Gosh Onofre… You truly are one tree short of a hammock! It’s really easy to be a critic, especially when one does not understand the issues confronting them and allows the media and politics to meld with their mind.

    Yes opinions are the rights of all Americans. But your remark of sounds like an ass, while your right as an opinion, is pot marked with your political prejudices and is not an opinion based on any common frame of reference or for that matter logic. Meaning the man is a military officer of command rank and has more experience with the UCMJ than you have on the tip of your pointed nose. Yes you can disagree, but you consider that officer sounding off like an an ass who is basicly fustrated and trying to uphold the rule of law and then expect people to respect your comments that you post. Hence me being sarcastic about you and the other two Marx brothers.

    Don’t like it? Don’t do it…

    By the way, you showed your ignorance by sticking Calley in the line up of mass murderers who killed for political gain rather than losing control of a combat situation. Big difference my friend. Using your thought process I suppose that Bush misleading the American public to war with Iraq should also be included in that line up?

    Sad just sad….

  • Captain Jack Sparrow

    Carol….”Once again, I know water-boarding worked and minimally saved LA.”

    I want to hear this one! How do you know water-boarding worked to minimally save LA? What the hell does minimally mean? For a woman (if you really are) your mouth is so dirty that I hope you don’t eat with it.

  • Captain Jack Sparrow

    Hokma and his wisdom….. Must be the water….

  • Captain Jack Sparrow

    DITTO…. Johnson

  • Onofre’s arm

    Wow captain Jackass Birdbrain, YOU say candymarl’s mouth is dirty? YOU say that?…………. YOU????

    Why don’t you take YOUR filth elsewhere, or does the fact that NO ONE here EVER “likes” your comments, escape your keen perception.

  • Onofre’s arm

    Captian Jackass Birdbrain, I’m beginning to see that my initial assessment of you being a complete imbecile was an over estimate.

    You’re far too dumb to even realize that you’re doing a much better job of exposing, what must be for you, a crippling stupidity. I’ll not need to write another word in an effort to expose your bizarre lack of grey matter, you’re doing an excellent job of doing that all by yourself.

  • Onofre’s arm

    Captian Jackass Birdbrain, I’m beginning to see that my initial assessment of you being a complete imbecile was an over estimate. 
     
    You’re far too dumb to even realize that you’re doing a much better job of exposing, what must be for you, a crippling stupidity, than I could ever do. I’ll not need to write another word in an effort to expose your bizarre lack of grey matter, you’re doing an excellent job of that all by yourself.

  • Onofre’s arm

    You wrote:”It’s really easy to be a critic, especially when one does not understand the issues confronting them and allows the media and politics to meld with their mind.”

    Is someone telling YOU this? Are you taking dictation? 

  • Onofre’s arm

    Captain Kiss-ass Sparrow strikes again!

  • Onofre’s arm

    Congratulations Larry, you’ve now got Captain Jackass Birdbrain on your side. Do you wish to concede the argument now? LOL.

  • Onofre’s arm

    Wow captain Jackass Birdbrain, YOU say Carol’s mouth is dirty? YOU say that?…………. YOU???? 
     
    Why don’t you take YOUR filth elsewhere, or does the fact that NO ONE here EVER “likes” your comments, escape your keen perception.

  • Hokma

    Another inconsequential utterance from Cap Zero.

  • Hokma

    I just realized who you are!
    You’re Uncle Frank in the movie “One Crazy Summer” who sits in an attic alone with no friends and no brains – except a transitor radio waiting to be appreciated.
    I’m not going to bother responding to your worthless ocmments anymore.

  • Hokma

    Captain Zero – I just realized who you are! 
    You’re Uncle Frank in the movie “One Crazy Summer” who sits in an attic alone with no friends and no brains – except a transitor radio waiting to be appreciated. 
    I’m not going to bother responding to your worthless ocmments anymore.

  • carol haka

    Well Well. Maybe you should get informed.  I’m not responsibile for your minimalist education.

    >:o

  • carol haka

    It’s a choice as to what kind of law you practice. 

    The Al Qaeda 7 chose to work for the Gitmo detainees.

    Are some in Gitmo innocent?  Probably.

    Are some in Gitmo semi-innocent?  Probably.

    Are some in Gitmo murdering psychos?  YES.

    Choices.  The Al Qaeda 7 made their choice. 

    >:o

  • truthtelling007

    “I’m curious. Exactly what tenets of the Constitution did those Bush lawyers violate specifically?”

    READ:
    The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

    In December 2005, Bush admitted to authorizing wiretaps without warrants, FROM A RUBBER STAMP FISA COURT NO LESS…, and if you look at the opinions from Yoo and his underling Jennifer Koester, they clearly were advocating many things that were unconstitutional. Yoo might fool you, but not me. He cherry picks from cases to say, “see, I’m supported” and ignores the cases, the legislation, and standards that were in conflict with his “legal” view. He violated almost all of the ‘tenets’ of the Constitution with his opinions. Read them before you comment again on it.

  • truthtelling007

    “Holder tried to bring these attorneys in without telling anyone”

    Without telling anyone? And who, pray tell, was he supposed to notify? Glenn Beck? Hannity? Liz Cheney? Lindsay Graham?

    See: Canard.

  • Hokma

    What you stated is a matter of constitutonal interpretation – not a violation of the constitution at all. The authorizing of wiretaps without warrants was done before he was President. It was also established that the integration views by Yoo etc. were a matter of opinion – not a violation of the law.

  • Jackie

    “Ooooo, another unruly subject who is in defiance of her King.”

    What does that even mean?

  • Jackie

    “Choices.  The Al Qaeda 7 made their choice. ”

    What exactly is your point?  That they should be vilified for doing their jobs?  For carrying out our system of justice as it was designed to work?

    One day, someone you care about may be accused of something odious.  They may very well be innocent.  Will you assume anyone who represents them is smeared with the possible guilt of the accused?

  • Steve

    I can’t say that why USA government will hire the lawyer to represent the Al-Qaida named terrorists. The only reason that comes to mind that USA government wants the so called terrorist live their happy life and should forget about every thing happened to them in the past.

    Dedicated Hosting

  • Mike Gipp

    Hi–I found this site by searching “Is Marc Thiessen a lunatic” on google. I did that because I saw some drivel by him today condemning Bob McDonnell for not opposing legislation forbidding Virgina State law enforcement from passing detainees to military authorities. Thiessen made fun of Mr. McDonnell’s statement  about “concern that Virginia does not participate in the unconstitutional detention of U.S. citizens”.

    Thiessen doesn’t seem to think that there could possibly be anything that any American has to fear from NDAA and so on.