Tuesday, November 30, 2010

We Are the World

[Ex post facto General Eric] Holder was asked Monday how the United States could prosecute Assange, who is an Australian citizen. "Let me be very clear," he replied. "It is not saber rattling.

"To the extent there are gaps in our laws," Holder continued, "we will move to close those gaps, which is not to say . . . that anybody at this point, because of their citizenship or their residence, is not a target or a subject of an investigation that's ongoing." He did not indicate that Assange is being investigated for possible violations of the Espionage Act.

-WaPo
I think this is a fascinating position. Foreigners are exempt from our legal protections but subject to our legal punishments, and if those punishments don't yet exist, then by god and by the way, we're gonna create 'em.

25 comments:

Anonymous said...

I always wondered what the legal justification was for snatching Our Man Noriega. It's good to know that from now on we'll have something better than presidential tantrums. Ours being a republic of laws 'n' all....
-- sglover

zencomix said...

The Central Scrutinizer is keeping it greasy.

Professor Coldheart said...

I'm just surprised someone asked.

Professor Coldheart said...

Also, I'd like to know what century former prosecutor Baruch Weiss woke up from:

But, said former federal prosecutor Baruch Weiss, that statute raises difficulties of its own. "How do you prove that a particular cable about secret negotiations with Russia was dangerous to national security? You have to disclose more classified information to explain to the jury the damage brought about by the disclosure," he said.

That is such 9/10/01 thinking.

Mike Vick said...

C'mon SuperJesusBlackReagan it's the transparency that people voted for!

http://www.whitehouse.gov/the_press_office/TransparencyandOpenGovernment/

We will work together to ensure the public trust and establish a system of transparency, public participation, and collaboration. Openness will strengthen our democracy and promote efficiency and effectiveness in Government.

LA Confidential Pantload said...

I see a Hellfire missile in M. Assange's future.....

Shlomo McCracken said...

Am I the only one around here who gives a shit about the rules?!?

la Rana said...

An expost facto law or (if we are so lucky) a bill of attainder, either of which attempts to traduce the first amendment, could be loads of fun. Holder's non-sabre rattling is a declared intention of violating 3 or 4 clauses of the constitution. In addition to the proposed indefinite detention law. If I can find me some donors, thats a life's work right there.

the talking dog said...

Oh, Holder's just thinking out loud; can't blame him for that.

Besides, if we do ever catch Mr. Assange, it will cause just too much traffic congestion to try him in downtown Manhattan or Washington or wherever (small business will suffer!)... so we'll have to make up some military commission or some new special super-secret security courts or something to prosecute him for the crimes we just made up.

Hey... given that these new made up courts will have to be built, staffed and secured, this could end up being a jobs program! Great thinking, Mr. Holder!!!

LP Steve said...

First amendment? Please! Assange is doing nothing but yelling fire in a burning theater.

Anonymous said...

http://blogs.forbes.com/andygreenberg/2010/11/29/exclusive-wikileaks-will-unveil-major-bank-scandal/

Anonymous said...

Obama-Holder Douchebag Nexus. It IS "sabre rattling" because American Crininal law DOES NOT apply to non US citizens, outside US jurisdiction. (On a happy note, just after Holders comments Equador offered Assange permanent residence). Unless the Obama-Holder douchebag nexus is willing to Kidnap Asange, or bribe and beg and suck off a European ally to do so, he will not be standing trial for violations of the US "espionage act". Bunch of assholes. I have never been more ashamed of mu US citizenship than here in 2010.

demize! said...

As an aside General Holder then stated "you see how well those Colombian trade unionists did when I represented Chiquita brands". There was a BWAHAHA in there somewhere too.

Anonymous said...

@ LP steve.

Steve. ASSANGE-IS-NOT-A-US-CITIZEN!. HE DOES NOT TRAVEL TO THE US! THIS IS NOT (FOR ASSANGE) A "FIRST AMENDMANT" ISSUE.he is australian. Also, he has as much right to publish leaked information (as established by US courts) as does the NY times. And since the times only publishes state department memos anymore, i personally am very glad Assange is providing this service.

LP Steve said...

Anon 1:49

Read it again, slowly. It's okay, move your lips, no one can see you.

IOZ said...

Lol, LP, although to be fair, it is more like he's yelling theater in a burning fire.

Leonard said...

Aside from the burning fire, Mrs. Lincoln, how did you like the theater?

cemmcs said...

Why can't Obama just have him murdered?

Dog's New Clothes said...

cemmcs,

He can.

davidly said...

Ooh... it's a burning fire! Now that is theater.

mandt said...

"we will move to close those gaps" Excepting the Bushies if course.

Beyond the Pwoggiedome said...

Yes, laws are arbitrary and can be concocted out of thin air. The legal system is a hoax. And they say anarchists are chaotic madmen.

Anonymous said...

I have a great solution for Holder--how about an international criminal court?

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Tiffany Jewelry said...

Foreigners are exempt from our legal protections but subject to our legal punishments, and if those punishments don't yet exist, then by god and by the way, we're gonna create 'em.