Final score:

Incremental progress: 1
Headlong dash to the past: 0

Sorry, Mssrs. R, no lovely parting gifts nor a home version for playing.

The Sun is sunnier, the sky bluer, the birds chirpier today.

Because ‘an empty vessel makes the most noise’ is still a truism.

Because the Power Point Presidency has left the building.

Because the attempted hostile takeover of the United States of America has been thwarted.

So the madness imposed by panic can be wrestled back into the dark,. dank place whence it sprang. Ye olde scribe takes a modest measure of some pride in having repeatedly pointed out the exact same stance in law (and in the tradition of Constitutional protection) as the court has determined, from the time the very first charges were brought, and even before.

In a decision that could ban the military’s favorite methods of prosecuting Guantanamo Bay detainees, a federal appeals court on Tuesday overturned the 2008 military commission conviction of Salim Hamdan, Osama bin Laden’s former driver.

Judge Brett Kavanaugh, a George W. Bush appointee, wrote for a three-judge DC Circuit panel that Hamdan could not be prosecuted for acts that were not crimes at the time they were committed. That’s because the Constitution prohibits Congress from passing laws ex post facto—after the fact. The government cannot make something a crime after you’ve already done it and then charge you for doing it. But that’s exactly what Congress seemed to do in 2006 when it made “material support for terrorism” a war crime and encouraged the military to prosecute Gitmo detainees—who had already been imprisoned for years—for committing it.

“This is a massive blow to the legitimacy of the military commissions system,” says Zachary Katznelson, a senior attorney at the ACLU. The commissions “have been trying people for years for something that isn’t even a war crime.”

[snip]

“Not only did the president sign the legislation knowing there wasn’t a legal basis for this charge,” Katznelson says, “but his administration then prosecuted people for something that was not a war crime at all.” Source

Nothing can ever replace or recompense the egregiously extended vita interruptus of too, too many dumped into the den of shame that is the black hole of Guantánamo, but that the established judicial system, albeit grindingly slowly, can and does adhere to the bedrock truisms of the American system and clearly enunciates that war (or anything which might be labeled ‘war,’ declared or not) does not put the protections afforded by the instruments of liberty in a lockbox and does not and cannot supersede the rule of law is exceedingly praiseworthy.

“At his best, man is the noblest of all animals; separated from law and justice he is the worst.”
- Aristotle

So the first ‘debate’ has come and gone. Impressions:

Worst thing of the entire program was to witness Jim Lehrer morphing from news media patriarch and éminence grise to Captain Dunsel in the span of the first 15 minutes.

Mr. Obama had a ready, if rote, grasp of facts and figures, but few flickers of fire.

As for Mr. Romney, he gave a creditable audition for the role of hyped-up Harold Hill in The Music Man, but little more.

All three people on the stage essentially were lost in the weeds for the bulk of the time allotted.

Ye olde scribe hereby dubs W. Mitt Romney the Calzone Candidate.

All the meat is hidden by the denseness of the upper crust, which releases hot air.

Sweden rocks.

Swedish people believe today that the worst scandal suffered by their country in the last 20 years occurred in 2001, when the Government was involved in the controversial program to torture and illegally transfer persons detained by the CIA.

According to a poll conducted by Channel 5, the scandal arising from the CIA’s secret flights was number one, ahead of poor governance in the face of the 2004 tsunami in Asia, that endangered 10,000 Swedish citizens who were in Thailand.

Meanwhile, third place went to the controversial support and participation of Stockholm in the construction of a weapons factory in Saudi Arabia, a situation that drove the resignation in March of the Defense Minister, Sten Tolgfors. Source

With the slow-burning but tenacious investigation of the CIA ‘black site’ in Poland, the floodgates of truth are being incrementally pried open more and more.

Cloistered inside government offices, surrounded by classified documents, Polish prosecutors are building a case that could result in criminal charges against the nation’s former spy chief and even, some say, against former senior political leaders. Evidence that a foreign power was allowed to conduct illicit activities on Polish soil has deeply shaken many Poles’ faith in the United States and in Poland’s sense of itself as a successful democracy born from the ashes of the Cold War.

[…]

“It’s the kind of thing we expect from Soviet Russia. We remember the Soviet occupation; we remember the German occupation,” said attorney Mikolaj Pietrzak, who represents one of the Islamist men allegedly held and questioned in Poland. “The fact that this beacon of liberty which is America would allow this — it’s a great disappointment in the United States as the land of the free.”

Poland is not the only country in Europe where the U.S. allegedly operated a secret detention facility with at least tacit permission from somewhere within the host government. Black sites are also thought to have existed in Romania and Lithuania, two other developing democracies, as well as in countries in North Africa and Asia.

But Poland is alone among the European nations in having launched an official investigation of the matter.Source

Some more on the case in Poland here.

Should anyone happening upon this post own (or know someone who does) one of those delis which name their sandwiches, might ye olde blogscribe humbly suggest for the menu a $1000 Mitt Romney Grilled Bonanza:

Wagyu beef tongue topped with Ass cheese and gold leaf between slices of the world’s most expensive bread.

Pepto-Bismol , natch, an extra charge.

By broadly asserting corporations as “people,” W.M. Romney has publicly defined his active engagement in one of the lowest, most odious, and most near-universally despicable commerces conceivable.

As head of Bain Capital, an enterprise whose raison d’etre is the buying and selling of corporate entities for profit, W.M. Romney was, by his own words, actively dealing in the buying and selling of people.

Buying and selling people is slave-trading.

Applying his self-expressed parameters, W.M. Romney trafficked in (and profited handsomely from) slavery.

So this is how an extended, unwarranted, atrocious, panicked action shambles off the highway of history: Not with a bang, nor with a whimper, but with “nostalgia.”

“There was a signing of papers of receivership that gave Iraq custody of the base effective today,” [U.S. military spokesman Col. Barry] Johnson said. “It’s quite nostalgic. It was the center of gravity for what we were doing here for all these years,” he added.  Source

Officially, the second “I” and the “O” in the term IIO used as a title here incessantly over the years may be retired. The leading “I” can never be expunged.

Update December 19: In on a lie, and out on a lie.

For security reasons, the last soldiers made no time for goodbyes to Iraqis with whom they had become acquainted. To keep details of the final trip secret from insurgents, interpreters for the last unit to leave the base called local tribal sheiks and government leaders on Saturday morning and conveyed that business would go on as usual, not letting on that all the Americans would soon be gone. Citation

Shock and awe that there exists such a thing as a declared end. Dismal, simply dismal.

U.S. Admiral James W. Stavridis, the Supreme Allied Commander in Europe, also expressed regrets in a letter read at the ceremony. He “there were hopes to continue the mission beyond 2011 ” and added: “We are concluding earlier than we had hoped.” Source

What have we become?

There you have it — indefinite military detention of American citizens without charge or trial.  Source

Congress, then.

I do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter: So help me God.  Source

Congress, now.  (More)

•  Replace “support” with “subvert”

•  Replace “defend” with “overturn”

•  Amend “against all enemies” to read “regarding enemies (proven, alleged, suspected or arbitrarily designated)”

•  Replace “true” with “fungible”

•  Amend “to the same” to read “to the same when expedient”

•  Replace “freely” with “lightly”

•  Amend “office on which I am about to enter” to read “office on which I am about to enter, unless inconvenient”

Together in peace.

In the late Senator Teddy’s case, with the solace of readily available government-paid end of life aid and assistance.

Edward Kennedy was a Senator who understood and extolled the service part of the phrase public service and who worked to make conspicuous and to never forgo the concept, responsibility and utilization of benevolence in government.

If directly calling for openly flouting and opposing the Constitution is not anti-American, what is?

From the U.S. Constitution, Article VI (emphasis added):

The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution; but no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States.

One can stare at that as many times as one likes and parse it ’til the cows come home and it still nowhere says “except Oklahoma.”

Republican mayoral candidate Anna Falling said Tuesday that putting a Christian creationism display in the Tulsa Zoo is No. 1 in importance among city issues that include violent crime, budget woes and bumpy streets.

[snip]

Falling, who has founded several Christian nonprofits and is a former city councilor, also said the next mayor needs to appoint people to city boards, authorities and commissions who will “honor God.”

[snip]

When asked whether she meant she would recruit Christians to serve the city, Falling said she was talking about “people committed to their churches,” and when asked whether she meant Christian churches, she said, “churches, yes.” Source

Fanaticism is a dish best not served at all.

Those who have followed the multiple citings of stories about the MEK, Camp Ashraf and the Bulgarian troops assigned there during the bulk of the occupation will find this of keen interest.

Iraqi forces raided a camp housing members of an Iranian opposition group on Tuesday, sharply escalating tensions that have been on the rise since the U.S. military turned over responsibility for the camp to the Iraqis.

Four people were killed by the Iraqi police and scores more injured…

[snip]

The raid came a day after the Iraqi government, which has maintained a security cordon around the camp’s perimeter, said it would assume complete control of the camp but promised to protect the people inside.

Shortly afterward, the group’s leaders announced they were willing to return to Iran if they were guaranteed immunity from prosecution. They insisted on guarantees in writing from Iran, the United States, the United Nations and Iraq.

A legal counsel at the camp, Behzad Saffari, said the Iraqis also opened fire in Tuesday’s melee. He claimed American troops witnessed the event but did not intervene except to take pictures. Source

There is more than ample evidence of the immature kindergarten level* to which political discourse has sunk, but this ludicrous stab mines untapped contemptible depths of sheer stupidity:

Dr. Regina M. Benjamin, Obama’s pick for the next surgeon general, was hailed as a MacArthur Grant genius who had championed the poor at a medical clinic she set up in Katrina-ravaged Alabama.

But the full-figured African-American nominee is also under fire for being overweight in a nation where 34 percent of all Americans aged 20 and over are obese.

Critics and supporters across the blogsphere have commented on photos of Benjamin’s round cheeks, saying she sends the wrong message as the public face of America’s health initiatives. Source

* With apologies to actual kindergarteners, who aren’t old enough yet to know any better.

Liz Cheney (more) — an American iteration of Imee Marcos?

M*A*S*H was cute — and fictional. This is neither:

The first full-time female FBI agent to be stationed at Guantanamo says she was made to bunk with vermin that gave her a tropical disease and was ostracized because she refused to join in a “spring break” atmosphere in which agents were encouraged to drink, date, and frolic when not interrogating alleged terrorists.…

[snip]

In her claim against Attorney General Eric Holder and the Department of Justice, Foley says she has photographs depicting “personnel at Guantanamo engaged in drunken carousing in a sexually charged atmosphere, day and night,” including shots of “”emale employees in bathing suits or revealing attire sitting on the laps of male employees, and female employees being hugged, kissed and likely groped by male employees.”

Her complaint states: “Other photographs reveal, among other things, what appear to be intoxicated FBI employees wearing some type of mocking imitation of Arab or Afghan attire, and personnel at a Halloween party dressed in orange detainee jumpsuits (apparently as a joke). Still other employees appear to be completely intoxicated and engaged in various activities which indicate both a pervasive discriminatory atmosphere toward women, as well as behavior inappropriate for employees stationed at a detention facility for terrorists. Some of the behavior resembles stereotypical ’spring break’ behavior. This highly inappropriate behavior by FBI personnel and other U.S. Government personnel working at Guantanamo, was known by the FBI, was encouraged by the FBI, and was tolerated by the FBI.” Source

Put as simply (and broadly) as possible, the partisan arguments in Congress regarding emergency funds for the automotive industry boiled down to:

Republicans - The government should maintain a laissez-faire position (while concurrently mandating concessions from labor) and the market should be the determinant of business decisions and viability.

Democrats - Monies for a large and many-tentacled sector of industry as a buffer and stopgap to allow a window of opportunity for major and wrenching labor and management decisions involving a restructured bsuiness model, but avoidance of a direct takeover of operations by the government.

Except for when, in both cases, those loudly proclaimed stances and principles are simultaneously tossed out the window.

A majority of House members have signed onto a bill to reverse the closing of 789 Chrysler dealerships and block General Motors Corp. from closing more than 1,300, while the full House could vote on the bill as early as next week. Source

Recession or no, there’s no slump in the commerce of bought and paid for legislators.

To paraphrase the anecdote regarding the Model T: You can have a Congress in any color you want, so long as it’s yellow.

Citing a philosophy of conscience based on the foundation of a refrigerator magnet, and a strange, tangled thicket of indistinct language slanted to evince personal victimhood (including mention of the voiced “Yes” vote of a one-year-old), Gov. Sarah Palin today announced that she is going Galt (ref.).

Don’t let the door hit ya in the butt on the way out.

As U.S. forces ostensibly “pull back” to the barricaded acreage of 300-plus bases on Iraqi soil:

Al-Maliki’s government has declared Tuesday National Sovereignty Day and decreed a public holiday.

[snip]

Iraqi officials have warned people to stay away from crowded places and al-Maliki appealed for national unity. Source

Hidden in so far as the vast majority of front-page mainstream media is concerned, that is.

The United States has sent a shipment of weapons and ammunition to the government of Somalia, according to a U.S. official who said the move signals the Obama administration’s desire to thwart a takeover of the Horn of Africa nation by Islamist rebels with alleged ties to al-Qaeda.

The shipment arrived in the capital, Mogadishu, this month, according to the official, who is helping craft a new U.S. policy on Somalia and spoke on the condition of anonymity because of the sensitivity of the matter.

“A decision was made at the highest level to ensure the government does not fall and that everything is done to strengthen government security forces to counter the rebels,” the official said.

[snip]

The Obama administration’s approach is different in many respects from that of the Bush administration, which focused almost exclusively on targeting several suspects in the embassy bombings and other rebel leaders with alleged al-Qaeda ties.

The Bush administration paid a group of notorious Somali warlords to hunt terrorism suspects. But the policy backfired, giving rise to a diverse Islamist movement, including al-Shabab, which gained popularity by defeating the hated warlords. The Bush administration then tried backing an Ethiopian invasion in 2006 to overthrow the Islamists and install a transitional government, a move that triggered the al-Shabab rebellion that continues today. The Bush administration conducted airstrikes targeting al-Qaeda suspects, but only one of those targeted was ever confirmed killed.

Meanwhile, the rebels continued to advance across southern Somalia and eventually helped force the withdrawal of Ethiopian troops this year.

To cut off the rebels’ weapons and supplies, the United States has stepped up pressure on Eritrea, and foreign warships patrolling Somali waters to combat piracy have begun blocking cargo ships heading to the rebel-held port of Kismaayo in southern Somalia. Source

After more than 7½ years’ incarceration by the U.S.:

Abdul Rahim Abdul Razak al-Janko was tortured by al-Qaeda and imprisoned by the Taliban for 18 months because the groups’ leaders thought he was an American spy.

Abandoned by his captors in late 2001, he was picked up by U.S. authorities, who shipped him to the U.S. military prison at Guantanamo Bay, Cuba, on suspicion that he was a member of the two groups.

[On Monday], a federal judge ordered Janko’s release, saying the government’s legal rationale for continuing to detain him “defies common sense.”

In a 13-page opinion that he read from the bench, U.S. District Judge Richard J. Leon ordered the government to engage in diplomatic efforts to find a country that would host the 30-year-old detainee.…

[snip]

…al-Qaeda leaders suspected him of spying for the United States and tortured him for three months until he confessed falsely to the charges, Leon said. Janko then spent 18 months in a Taliban prison in Kandahar, the judge said.

The Taliban fled the prison in late 2001, leaving Janko behind, Leon said. U.S. authorities then picked up Janko.…

[snip]

Leon ruled that the government’s case was too weak and illogical to justify the continued detention. He said the government failed to prove that Janko had been a member of the two groups.

[snip]

The ruling came in a lawsuit brought by Janko under the centuries-old legal doctrine of habeas corpus, which allows prisoners to challenge their confinement before independent judges.… Source

Each and every such case serves to further taint the credibility and basis of the prosecution in all cases.

---

Update June 25 12:30 p.m.: Relevant and disturbing signing of law today, directly impacting the rights of the accused who have been cleared of charges and the boundaries of the courts system.