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Monday, November 14, 2005

Without the Rule of Law, Due Process, and the Abstraction that is Judicial Truth, No Major Power Can Stand for Long

I have been devoting whatever emotional energy left to me--after just about everything important to me was last seen underwater or sucking hard on the south end of a Yankee-bound mule--to getting well and improving WOW.

However, I have not been out of touch with the abysmal state of current affairs in the nation I love beyond all others: The United States of America. Of course, since the People's Republic of China is where I live and work, upon the confluence of major issues of life and liberty within both China and America, I can be be awakened by certain clarion calls.

Below are three excerpts from articles with links that fit that billing, big time; the first is from The Washington Post:
Detainees Deserve Court Trials

By P. Sabin Willett

Monday, November 14, 2005; Page A21

As the Senate prepared to vote Thursday to abolish the writ of habeas corpus, Sens. Lindsey Graham and Jon Kyl were railing about lawyers like me. Filing lawsuits on behalf of the terrorists at Guantanamo Bay. Terrorists! Kyl must have said the word 30 times.

As I listened, I wished the senators could meet my client Adel.

Adel is innocent. I don't mean he claims to be. I mean the military says so. It held a secret tribunal and ruled that he is not al Qaeda, not Taliban, not a terrorist. The whole thing was a mistake: The Pentagon paid $5,000 to a bounty hunter, and it got taken.

The military people reached this conclusion, and they wrote it down on a memo, and then they classified the memo and Adel went from the hearing room back to his prison cell. He is a prisoner today, eight months later. And these facts would still be a secret but for one thing: habeas corpus.
Please continue reading at The Washington Post

Then there is this from The New York Times:
Desperate Search for Justice: One Man vs. China
By JIM YARDLEY
Published: November 12, 2005

CHAOHU, China - At his most desperate, when he had no more borrowed money for his son's legal defense, Xie Yujun went to a hospital. He knew of China's black market in body parts. He wanted to sell his eyes. He was refused.

Mr. Xie, 60, is no stranger to desperate acts, if by necessity. His son was charged with a savage knife attack here in rural Anhui Province that left a mother and daughter badly wounded. The police suspected the son because of a property dispute between the families. But Mr. Xie believed the case was deeply flawed: the victims never identified the attacker. The only evidence was a questionable shoeprint. Police misconduct was blatant.

Mr. Xie's problem was convincing a court. His son's lawyers had no chance to question witnesses or, initially, to examine evidence. At one point, Mr. Xie himself sneaked into a prison to interview a witness. Even a tantalizing appeals court victory proved hollow. The son was tried again and sentenced to life in prison.

Please continue reading at The New York Times

And then there is this, also from The New York Times:
Doing Unto Others as They Did Unto Us

By M. GREGG BLOCHE and JONATHAN H. MARKS

Washington - How did American interrogation tactics after 9/11 come to include abuse rising to the level of torture? Much has been said about the illegality of these tactics, but the strategic error that led to their adoption has been overlooked.
Please continue reading at The New York Times
 


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