Lawfare: Historical and Semiotic Origins of “Lawfare” (Panel 1)

September 10, 2010
War Crimes Research Symposium
Frederick K. Cox International Law Center
Case Western Reserve University School of Law
Moderator:
Prof. Tawia Ansah, Visiting Professor, Case Western Reserve University School of Law
Speakers:
Prof. Wouter Werner, VU University, Amsterdam
Prof. Susan Tiefenbrun, Thomas Jefferson School of Law
Summary:
Traditionally “Lawfare” was defined as “a strategy of using—or misusing—law as a substitute for traditional military means to achieve an operational objective.” But lately, commentators and governments have applied the concept to International Criminal Tribunals, the defense counsel’s tactics challenging the detention of al Qaeda suspects in Guantanamo Bay, and as indicated in the quote above to the controversial Goldstone Commission Report. This symposium and Experts Meeting, featuring two-dozen leading academics, practitioners, and former government officials from all sides of the political spectrum, will examine the usefulness and appropriate application of the “Lawfare” concept.

Duration : 0:34:4

Read more about Lawfare: Historical and Semiotic Origins of “Lawfare” (Panel 1)

Bush & the War Power (1 of 2)

Nov. 14 – Dr. Louis Fisher participated in the first panel of the Hauenstein Center’s conference, “George W. Bush: Legacy & Lessons.” The panel explored “Presidential Power and the Bush Presidency,” and Fisher talked about “Bush and the War Power.”

Louis Fisher is a senior specialist in separation of powers with the Law Library of the Library of Congress. He began work with the Library of Congress in 1970 and served as research director of the House Iran-Contra Committee in 1987, writing major sections of the final report.

His books include President and Congress (1972), Presidential Spending Power (1975), The Constitution Between Friends (1978), The Politics of Shared Power (4th ed. 1998), Constitutional Conflicts Between Congress and the President (4th ed. 1997), Constitutional Dialogues (1988), American Constitutional Law (6th ed. 2005), Presidential War Power (2d ed. 2004), Political Dynamics of Constitutional Law (with Neal Devins, 3d ed. 2001), Congressional Abdication on War and Spending (2000), Religious Liberty in America: Political Safeguards (2002), Nazi Saboteurs on Trial: A Military Tribunal & American Law (2003; 2d ed. 2005), The Politics of Executive Privilege (2004), The Democratic Constitution (with Neal Devins, 2004) and Military Tribunals and Presidential Power: American Revolution to the War on Terrorism (2005). His textbook in constitutional law is available in two paperbacks: Constitutional Structures: Separation of Powers and Federalism and Constitutional Rights: Civil Rights and Civil Liberties. With Leonard W. Levy he edited the four-volume Encyclopedia of the American Presidency (1994). He has twice won the Louis Brownlow Book Award, the encyclopedia he co-edited was awarded the Dartmouth Medal, and in 1995 he received the Aaron B. Wildavsky Award For Lifetime Scholarly Achievement in Public Budgeting from the Association for Budgeting and Financial Management.

Duration : 0:9:49

Read more about Bush & the War Power (1 of 2)

Persecution of communists’ in (fake) western democracies: case law summaries

Q:To what extent did public and political opinion in the west undermine the impartiality of judicial decision-making during the cold-war era?
—————————————-

USA

In a famous dissent, Justice Douglas of the US Supreme Court declared:

‘We have deemed it more costly to liberty to suppress despised minorities than to let them vent their spleen’ (Dennis v United States U.S. 494 at p. 585 (1951) (U.S.S.C.).

No western democracy has practiced the tolerance exposed [mistake in video, it should read “expoused”] by Justice Douglas-in the above statement, without at some stage censoring unpopular organizations. Douglas was in a minority of two on a US Supreme Court bench which upheld convictions entered against Communist party sympathizers for conspiring to overthrow the US government. (Joseph, P,think it’s “1998” edn., Constitutional and Administrative Law in New Zealand, ).

In Dennis v United States, above, the US Supreme Court upheld convictions against communist party officials for conspiring to teach or advocate the overthrow of the government by force or violence. Here, the Court considered that the advocacy of the communist doctrine was to be equated with conspiring to forcibly overthrow the US government.

Dennis was decided in 1951, at the height of cold-war tensions between the USSR and the US. Justice Black aligned with Justice Douglas in the minority stating:

‘Public opinion being what it is now, few will protest the conviction of these Communist petitioners. There is hope, however, that in calmer times, when present pressures, passions, and fears subside, this or some other later court will restore the First Amendment liberties to the high place where they belong in a free society.’ (Dennis, supra, at 581).

Justice Black’s statement was realized six years later in Yates v United States 354 U.S. 298 (1957) (U.S.S.C). This time, a differently constituted Supreme Court bench quashed the convictions of 14 Communist Party leaders that had been entered for similar reasons under the same Act.

With the easing of east-west relations, the Court drew a clear distinction between the advocacy of forcible overthrow of government-as an abstract doctrine, and the advocacy of action to achieve that result.

According to legal philosopher Wolfgang Friedman, it was impossible to remove the judgment of the US Supreme Court from the political tensions and public opinions that existed at that time. (W. Friedman, Legal Theory, (4th edn. , 1960, at p.95).

Australia

Australia also expressed abhorrence at communist doctrine during the post-war era. In Burns v Ransley (1949) 79 C.L.R. 101 (H.C.), the Australian High Court upheld a conviction for sedition entered against a communist speaker who, when asked, announced that, in the event of a war, he would fight on the side of the Soviet Union. He was convicted for words he had spoken in reply to a hypothetical question, and not for inciting mutiny or violence.

The following year the Communist Party Dissolution Act 1950 (Cth) declared the Australian Communist Party to be a revolutionary organization which jeopardized the defence of the Commonwealth. The statute dissolved the Communist Party and all affiliated organizations declared illegal under the Act.

The fundamental democratic principle of freedom of expression was restored when a majority of the High Court of Australia in Australian Communist Party v Commonwealth (1951) 83 CLR 1, declared the Communist Dissolution Act 1950 (Cth) to be unconstitutional and beyond the defence powers of the Commonwealth (see also R v Sharky (1949) 79 CLR 121).

New Zealand

During the early 1980s in New Zealand, Priminister Robert Muldoon took exception to the Socialist Unity Party and questioned it’s right to exist in a free and democratic society. However, a government, expounding the rule of law, must demonstrate greater justification for out-lawing a particular group or organization, for reasons other than personal enmity (Joseph, supra, at p.191).

See also New Zealand Bill of Rights Act 1990, s.14 (right to freedom of expression), and related case law; and Human Rights Act 1993, s.21(j)(prohibits discrimination on grounds of political opinion) incorporated, by reference, into s.19 NZBORA; note also- Crimes (Repeal of Seditious Offences) Amendment Act 2007; & see Flags, Emblems, and Names Protection Act 1981, s.11 (offences involving New Zealand flag)

Duration : 0:4:20

Read more about Persecution of communists’ in (fake) western democracies: case law summaries

Straw denies he ignored legal advice about Iraq

Former foreign secretary, Jack Straw, says he didn’t ignore legal advice given about the war in Iraq.

.
Follow us on twitter at http://twitter.com/itn_news.

Duration : 0:1:18

Read more about Straw denies he ignored legal advice about Iraq

Iraq’s Killer No.1: Americas Handicap of Learning Foreign Language & deficiencies of Others Culture

iraq barack obama joe biden obama flip flopped withdrawing troops iraq. john mccain invading iraq decorated long island soldier britain pull troops robert greenwald corporations rahul mahajan culmination united states gulf war backgrounders reconstruction britannica charles tripp helen chapin metz country’s constitution constitutional law thematic maps perry castañeda university texas duncan hunter republican staff sgt. travis atkins tackled suicide bomber invasion coalition saddam hussein

Duration : 0:2:39

Read more about Iraq’s Killer No.1: Americas Handicap of Learning Foreign Language & deficiencies of Others Culture

WHY DO SO MANY PEOPLE WANT MARIJUANA LEGAL? (3 of 4)

Pulled form PBS Show called “The Botany of Desire pt1 Cannabis”

MARIJUANA CANNABIS MARIHUANA MEDICAL LEGALIZE WEED 420 OBAMA RON PAUL JACKSON DOPE GRASS BONG RIP JOINT KUSH DRUGS SEEDS WAR NWO NEWS VAPORIZER BOWL HASHISH BLUNTS H1N1 Flu HASH GANJA HEMP SEX LIBERTARIAN RAGE swine LEGALIZATION POT ALEX JONES PRISON PLANET LIBERAL COMPASSIONATE PRIVACY CIVIL RIGHTS LAW EDUCATION ACTIVISM HERB smoke HIGHTIMES CUP hydro HIGH ECONOMY ECONOMIC COLLAPSE MEXICO PATRIOT MARYJANE hosser420 NORML MPP DMT legalize conservative sex tits freedom GMO New Jersey nj

Duration : 0:2:49

Read more about WHY DO SO MANY PEOPLE WANT MARIJUANA LEGAL? (3 of 4)

Jesse Ventura ‘schools’ The View’s Elisabeth Hasselbeck on waterboarding / torture

From Rawstory.com:

“Ventura on The View: If waterboarding is fine, why dont cops do it?

By David Edwards and Stephen Webster

Published: May 18, 2009

Former Minnesota Governor Jesse Ventura, making a guest appearance on ABCs The View, gave co-host Elisabeth Hasselbeck a lesson or two about the torture technique known as waterboarding.

Ventura, who underwent a barrage of torture techniques at the military Survival, Evade, Resist and Escape (SERE) school, confirmed for Hasselbeck that waterboarding is torture and not just an enhanced interrogation technique.

If waterboarding is okay, why dont we let our police do it to suspects to learn what they know? he asked to a chorus of applause.

Thats an interesting question, Hasselbeck said. I understand that question.

If waterboarding is okay, why didnt we waterboard [Timothy] McVeigh and [Terry] Nichols, the Oklahoma City bombers, to find out if there were more people involved? Whats your answer to that? he asked. We only seem to waterboard Muslims.

Thats an extremist statement, said Hasselbeck.

Aha! cheered Ventura. Have we waterboarded anybody else? Name me someone else weve waterboarded.

She could not, instead shifting focus to Speaker of the House Nancy Pelosi (D-CA) who has been criticized by Republicans for a seeming contradiction in disclosing what she knew about then-President Bushs torture program, and when.

They want her out because she lied? asked Ventura. Why didnt they ask for Bush and Cheney to go out when they lied about why we went into Iraq.

This video is from MSNBCs News Live, broadcast May 18, 2009.”

http://rawstory.com/08/news/2009/05/18/ventura-schools-hasselbeck/

Fair Use Statement
This video may contain copyrighted material, the use of which may not have been specifically authorized by the copyright owner. I am making this material available in an effort to advance understanding of environmental, political, human rights, economic, scientific, and social justice issues, etc. I believe this constitutes a fair use of any such copyrighted material as provided for in section 107 of the US Copyright Law.

In accordance with Title 17 U.S.C. Section 107, the material contained in this video is distributed without profit to those who have expressed a prior interest in receiving the included information for research and educational purposes. For more information go to: http://www.law.cornell.edu/uscode/17/107.shtml

I reserve the right to block any Youtube user from my channel, and/or remove any comments posted on my videos that I feel are abusive, inappropriate, disruptive, trollish, etc..

Duration : 0:3:53

Read more about Jesse Ventura ‘schools’ The View’s Elisabeth Hasselbeck on waterboarding / torture

LEGALLY STOP PAYING TAXES AND YOU CAN STOP THE GENOCIDE NOW !

LEGAL Employers letter here-
http://www.makewarshistory.org.uk/index/model-paye-letter.html

Legal Crime Report here-
http://www.makewarshistory.org.uk/files/mwh_crime_report.pdf

Guide to War Law-
http://www.makewarshistory.org.uk/index/guide-to-war-law.html

Model Pension Providers Letter-
http://www.makewarshistory.org.uk/index/model-pension-providers-letter.html

Frequently Asked Questions (Reporting War Crimes)-
http://www.makewarshistory.org.uk/index/frequently-asked-questions.html

War Law and Parliament –
http://www.makewarshistory.org.uk/index/war-law-and-parliament.html

The British Government’s Deceptions on War Law-
http://www.makewarshistory.org.uk/index/the-british-governments-deceptions-on-war-law.html

The Laws of War-
http://www.makewarshistory.org.uk/index/the-laws-of-war-1.html

False, Deceptive & Misleading Legal Advice-
http://www.makewarshistory.org.uk/index/false-deceptive-misleading-legal-advice.html

Death Toll-
http://www.makewarshistory.org.uk/index/death-toll.html

Ignorance of the Law-
http://www.makewarshistory.org.uk/index/ignorance-of-the-law.html

Correct Legal Advice on the illegality of the war with Iraq-
http://www.makewarshistory.org.uk/index/correct-legal-advice.html

Make Wars History-
http://www.makewarshistory.org.uk

Duration : 0:10:59

Read more about LEGALLY STOP PAYING TAXES AND YOU CAN STOP THE GENOCIDE NOW !

Palestinian legal adviser gets owned by Fox News

Palestinian legal adviser gets owned by Fox News

Duration : 0:2:44

Read more about Palestinian legal adviser gets owned by Fox News

Why Do Hot Girls Wan’t Weed Legal? (& Ugly Girls Like Beer Instead?)

LEGALIZE MARIJUANA CANNABIS HIGH MARIHUANA MEDICAL WEED 420 OBAMA RON PAUL PIPE BONG JOINT KUSH DRUGS SEEDS WAR NEWS VAPORIZER BOWL HASHISH BLUNTS HASH GANJA HEMP legal cops POT PRIVACY CIVIL RIGHTS LAW ACTIVIST HERB smoke HIGHTIMES CUP hydro ECONOMIC COLLAPSE MEXICO PATRIOT MARYJANE conservative NEW YORK JERSEY CHRONIC NWO freedom GMO LIBERTARIAN ALEX JONES PRISON PLANET toke Sinsemilla HOSSER420 BAKED MSNBC CNN CBS marc emery BARRY COOPER love health cancer prop 19 California fox news ABC bp

Duration : 0:15:4

Read more about Why Do Hot Girls Wan’t Weed Legal? (& Ugly Girls Like Beer Instead?)