Archive for category Anthrax

The War Power, The Sergeant, the Senator: Treason or Heroism

The Sergeant who some years ago left his post in that unnecessary and unwinnable war in
Afghanistan is either a hero, a traitor, or just a terribly young man in the wrong war at the wrong time. He spent terrible years of torture and probably said things he didn’t really mean.

Some years ago in Vietnam, Senator McCain was shot down over Vietnam, another unconstitutional war, and equally unwinnable war, confessed repeatedly to things he later recanted, once safely in the United States, and is, quite rightly regarded, despite his confessions to American war crimes, a hero. The two cases are not quite completely on all fours, as we say in the law. But the similarity is sufficient to compare with each other and with the undergirding of law.

Presidents, from George Washington to Barack Obama, who are visited by war, either their own or, like Obama, inherited from another (in Obama’s case two other) fools who preceded them, have always had this power. While not yet president, and without this act may well not have become president, Ronald Reagan communicated with Iran, telling them, in effect, just to refuse to deal with Carter on releasing our citizens from the U. S. Embassy in Iran, and await his presidency. Their deal (which killed Jimmie Carter’s hope for a second term and by the way was treason, meriting a firing squad.)

The 30, 60, 90 day notification of Congress is also unconstitutional, but not for the reasons the Republicans and Democrats alike, trumpet. Saint Paul, as I recall, said “this trumpet has an uncertain sound.” And I know he said that some leaders have “zeal without knowledge.” This is Republican and Democratic leaders on steroids, just like my former wife.

The reason the War Powers Act is unconstitutional is not what is now said by either Republicans or Democrats, as I told Joe Biden when he was both Minority Senior member of the Foreign Relations Committee of the Senate and when he was chair. I testified before his committee a few times, and he called me at the law school sometimes to chat about this. The reason is simple. Due to both a few but very senior Democrats and almost all Republicans, Congress forced the Demo’s to give the president 30, 60, or 90 days to play with Congress’ army while he picked his nose. War has not been officially declared since FDR did it in WW2. George Bush (the first) and Colin Powell, in my opinion, got it right, constitutionally, by voting 50-50 in the Senate, and then the Dark Lord, Vice President Cheney, broke the tie and we went to war in Iraq the right way by law; and they had the smarts to stop when their limited mission was accomplished. And until this time, the President, as Commander in Chief, has no constitutional power to use the United States armed forces, save self-defense.

In the Framers’ mind that means only when the United States of America, not our allies, are attacked. For Utahns, the reason J. Reuben Clark, my hero and a great patriot, a rock-ribbed Republican who served under many Republican presidents, served variously as chief legal adviser to the Department of State (then, as an deputy Attorney General on loan from Justice to State,,,,,,now called Legal Adviser to the State Department; and Vice Secretary of State, and Ambassador to Mexico; and advised many presidents between world wars one and two, on all arms control treaties between those to dreadful wars) opposed NATO was because it delegated the war power to a generation not yet born and for the defense of people, and nations, not yet born. Neither the United Nations (Korean War) nor NATO (Ukraine?) can declare war for the United States of America. This is the statement of law, the War Clause, that makes this beyond debate. Remember, that it is also the sole right of Congress: not the President of the United States, nor NATO, nor the United Nations, that decides what constitutes International law, as well. So, both Constitutional Law and International Law, save an attack on the United States, inform us that Congress, not the president or these international bodies, who determines for war or peace.

So screw the people and the Congress and president now living. When the president, any president, has this army to use, that army will never return to Congress’ care. This is unconstitutional because it is an illegal attempt to delegate to the President a plenary power, given exclusively, textually, to the Congress. Like the power over interstate commerce (the road by which most civil rights legislation is constitutional), along with the equal protection and due process of law clauses of the 5th and 14th amendments. It’s as if Congress were to say to Obama, “Say, friend, we’re so damned tired of life in Washington, despite the cherry blossoms, we will do what the Supreme Court does, and reconvene when good weather returns. We’re going to go to Balboa Island, California, where it’s nice and sunny, in ocean or on the beach, and pick our nose and scratch our butts. And better yet, we have one in eight chances not to pick both with the same finger. Even though we’ve proven, time out of mind, that we in Congress cannot chew gum and pick our nose, simultaneously (a great blessing). So, pres., you now have the taxing and the spending power, and we’ll sweeten the loaf by throwing into the pot, since you do have to stick around in this shitty weather, and give you the power also to fund and provide for the Army, Air Force, Coast Guard, and Navy. And don’t sweat it about financing things by the provision in the Constitution that spending bills begin in the House. Since you already have the taxing and spending power, do all this in the White House. P.S. please instruct the Treasury Department to deliver our checks, our salaries, and all the REALLY big bucks from the armaments industry and all those other lobbyists. We really have earned this right by selling our souls to the devil. Have a good life.

I say that both Senator and Soldier are bona fide heroes. Ed Firmage xoxox

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Giuliani Says 9/11 Never Happened

Via Think Progress:

Last November, former Bush press secretary Dana Perino declared that “we did not have a terrorist attack on our country during President Bush’s term.”

In December, GOP strategist Mary Matalin (who worked for former Vice President Dick Cheney), told CNN, “We inherited a recession from President Clinton and we inherited the most tragic attack on our own soil in our nation’s history.”

On Fox News yesterday, Mississippi Gov. Haley Barbour declared that “after September 11, not one time did the terrorists who are trying to kill us and end our way of life, not one time were they able to attack the mainland United States.”

Former New York City mayor Rudy Giuliani claimed on Good Morning America today that “We had no domestic attacks under Bush.”

“What he [Obama] should be doing is following the right things that Bush did – one of the right things he did was treat this as a war on terror. We had no domestic attacks under Bush. We’ve had one under Obama,” Giuliani said. “Number two, he should correct the things that Bush didn’t do right. Sending people to Yemen was wrong, not getting this whole intelligence thing corrected.”

Former Mayor Rudy Giuliani really doesn’t remember running for his life in lower Manhattan on September 11, 2001? And why didn’t George Stephanopoulos remind him?

Spencer Ackerman:

Giuliani, the noun-verb-9/11 politician, is now a 9/11 denialist.

You actually need to give President George W. Bush credit for this. The Bush people did a wonderfully effective job of making it verboten in mainstream political discourse to consider the deaths of 3000 Americans on 9/11 in any sense Bush’s failing. To this day, there are people on the right who believe 9/11 is President Clinton’s failure; many of them would never dream of saying the system that Obama inherited from Bush was responsible for the near-miss on Flight 253.

What about the Americans who died from anthrax in 2001? Or the people shot at the El Al Airlines ticket counter at LAX in 2002 (see below if you don’t remember this one)? Or the thousands of Americans attacked, killed and wounded overseas during the Bush administration?

UPDATE:
“Good Morning America” host George Stephanopoulos concedes that letting Giuliani get away with his outrageous lie was a “mistake.”

UPDATE:
Giuliani: ‘I Do Remember Sept. 11’

Read the rest of this entry »

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The Story That Wouldn’t Go Away

There was a frightening recommended diary on Daily Kos this past Wednesday called Anthrax Attack on Congress may have been launched by Government Agency? I happened to notice it ended up with over 700 comments long after it fell off the recommended list at around 200 comments.

The implications of course are startling. No less startling perhaps than the idea that 9/11 was an inside job.

The other night, I watched a video of a press conference on May 9th 2001 at the Press Club in Washington DC. I was struck by one of the last speakers comments who repeated the warnings of Wernher von Braun about how the government would lie about national security threats to perpetuate the military industrial complex.

Of course 9/11 happened only three months later. WAS the anthrax attack a plan B that was executed cause plan A had gone so well…hey why not?

I’ve cobbled together a short video of Dr. Carol Rosin’s eerily prescient comments for your convenience with a couple of bonuses at the end (cause I can).

Download:

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