A bad day for the law
Well, it was a bad day for the law as I see it, anyway;
A judge threw out the charge of piracy against the 6 Somalis the US Navy fished out of the sea and shipped back to Virginia for trial;
“The court finds that the government has failed to establish that any unauthorized acts of violence or aggression committed on the high seas constitutes piracy as defined by the law of nations,” Jackson wrote in granting the defense motion to dismiss.
There are seven more charges of stuff, but piracy brought a mandatory life sentence which would have been nice.
A link from MEW tells us that a Missouri judge legislated from the bench and nullified a 2006 Missouri law meant to keep the Westboro Baptist Church crowd away from funerals.
Missouri legislators passed two laws in 2006 in response to protests at servicemembers’ funerals by members of Westboro Baptist Church of Topeka, Kan. The church contends the deaths are God’s punishment for the U.S. tolerating homosexuality.
U.S. District Judge Fernando Gaitan ruled the laws violate the right of free speech guaranteed by the U.S. Constitution.
Of course the bereaved have no right to express themselves all over the heads and shoulders of the Westboro fucks.
From the Ninth Circus, (yes, I know it’s Circuit…jeez) we discover yet again that lying about your military service is free speech. Gabriel Malor of Ace of Spades quotes from the decision;
The Act therefore concerns us because of its potential for setting a precedent whereby the government may proscribe speech solely because it is a lie. … The sad fact is, most people lie about some aspects of their lives from time to time. Perhaps, in context, many of these lies are within the government’s legitimate reach. But the government cannot decide that some lies may not be told without a reviewing court’s undertaking a thoughtful analysis of the constitutional concerns raised by such government interference with speech.
I wrote about Xavier Alvarez more than two years ago. He claimed he was in the Marines and was awarded a Medal of Honor while campaigning for the office of water commissioner. He was not a Marine, so it follows that he wasn’t awarded any medals.
Category: Legal, Phony soldiers
Not Piracy? File this under “making it up as we go along”.
What part of pillaging ships on the high seas could not be seen as possibly piracy?
To paraphrase King Henry II in “Beckett”:
“Will no one rid me of this meddling judge?”
Stick the judge out in the ocean a couple of miles off Somalia and see how long he claims there’s no problem.
As I said on fb…. Next time, we take care of them Russian-style: http://www.allheadlinenews.com/articles/7018675219
OOPS! they all died…. what a shame….
AS I commented over to CDR Salamander’s place:
In future situations, it seems to me that a better course of action would be for the Commanding Officer to hold court on the Quarterdeck, then hang the bastards. Video tape it all and send copies to the appropriate offices. Muster the crew topside as witnesses. Throw the bodies into the sea.
The lawfare crap needs to stop, and that right quickly. Our Constitution is NOT a suicide pact to be used to our enemy’s advantage.
V/R
Apparently the judge found no law against ‘attempted’ piracy.
I Shit You Not.
Don’t you guys realize…its not the pirates fault. They were discriminated when they were growing up and now don’t have the opportunities the same as others. Its our responsability to tax the shipping companies to generate income to pay for the poor souls. Until that $$ is generated, its their right to equality that they can do this, they’re only trying to provide for themselves and their families.
Hell, one could be president one day…
Also, the valor thieves can say and do whatever they want and its free speech. They cn proclaim whatever they want and its ok.
Ok then, why did Oily Titz get fined 20k for speaking out what she has the right to say? No, I don’t agree with her, she’s a moron, but where’s her rights?
RAlso, the valor thieves can say and do whatever they want and its free speech. They cn proclaim whatever they want and its ok.
Ok then, why did Oily Titz get fined 20k for speaking out what she has the right to say? No, I don’t agree with her, she’s a moron, but where’s her rights?
Hmm, All of those just today? Couple them with the last couple of weeks and it’s starting to look like we are “transforming”….Sigh,
The will of the people be damned. Full speed ahead to Socialism/Communism/Marxism/ or what ever kind of ISM we are headed toward…BAD day indeed,
I think Oily Titz was fined for filing frivolous law suits that had been decided on several different occasions, and also for filing appeal for her client when he expressly told her not to.
Is there much difference between a pirate and this judge. Both are taking something that is not theirs from the high seas and the high court.
And before the federal courts began injecting themselves into local matters those bastards shouting insults at military funerals would have regretted it.
I guess the SOP in dealing with pirates, from now on, should be to blast the boats out from under the little bastards and let the sharks have a snack?
OldTrooper, I think that’s what the SOP should have always been.
Sharks got to eat, too…
As a lawyer I can say this…Maybe that is what the judge intended. You know, professional courtesy to the sharks. 🙂
Now, if we could just figure out how to get the Westboro
Baptist folks to take up boating…