reply to post by xpert11
Don my understanding is that any legal proceedings along the lines of what we are discussing is handled solely by the judicial system.
Yes. It is the method of appeals from an adverse verdict in the trial court. It is a fundamental rule of law that every person is entitled to ONE
appeal. Without opening Con Law 101, suffice it to say that no one has a RIGHT to a hearing by the Supreme Court. Those rights are spelled out in
Article 3 of the US Con. 9 out of 10 applications for a hearing by the SC are denied which is in legal terms a concurrence or approval of the lower
court’s prior decision.
The power of presidential pardon is still included as a check on the judiciary should it run amok.
The government could investigate actions the police take but given there response to accusations of what amounts to cointelpro and spying on activist
groups I doubt that they ever will.
Right you are. But what makes our system look so confusing to outsiders is that the Federal FBI can investigate state and local police when there is a
charge they have violated Federal civil rights laws. For example, in the 1980s Rodney King, the black man was filmed while being beaten by 8 LAPD
after he was down. When the trial of the police resulted in an acquittal the ensuing LA Riots killed dozens and destroyed millions in property. Four
of the officers were re-tried for VIOLATING King’s FEDERAL CIVIL RIGHTS and three of the LAPD were sent to prison.
The whole point of having separate branches of government is to prevent this sort of thing from happening. However Congress proved by failing to stop
warrant-less wire taps from the get go that this isn’t always the case. Returning to the focus of the topic when New Zealand does eventually becomes
a Republic the sort of thing that we are talking about now will have to be dealt with in one form or another.
Actually IMO, NZ can avoid this dual state-federal problem when NZ changes from a parliamentary to a congressional form of governance. The
parliamentary system combines the EXECUTIVE and LEGISLATIVE branches but keeps the JUDICIARY separate. As I understand the modern UK style of
governance. Note: Our state of Nebraska has an unicameral legislature.
Your Executive is the Governor General who is appointed by the British monarch (a fiction) as we know that is done only on the recommendation of the
legislatures of the various members of the Commonwealth. That is a very good system and I would not give it up lightly.
Remember a republic’s PRESIDENT is the equivalent of a KING but serving only a fixed number of years. Look at the mess the US is in. In 2006 the
people voted NO to Bush43 and elected the FIRST Dem controlled Congress since 1994. In NZ Bush43 would have been ousted before the end of the month.
But instead and due to our fixed terms - originally meant to LIMIT the tenure of the super powerful president - kept Bush43 in office until January
20, 2009, regardless of the people’s will.
The Dem Congress wanted to STOP the Iraq War but learned it cannot do that. Remember that the Commons in the UK ousted Blair and put Brown under
strict NO ARMED CONTACT rules in Iraq effectively ending the UK involvement in the Iraq War.
Here is a key question. Are there any historical examples of the presidential power of pardon being put to its legitimate use?
Yes. Here are five I selected for your perusal.
1) Samuel Alexander Mudd, (1833 - 1883) was a Maryland physician implicated and imprisoned for aiding and conspiring with John Wilkes Booth in the
assassination of President of the United States Abraham Lincoln. Samuel Mudd, Michael O'Laughlen, Edmund Spangler and Samuel Arnold were all charged
with conspiring to murder Lincoln.
On June 29, 1865, Mudd was found guilty with the others. Mudd escaped the death penalty by one vote [a 7 man military tribunal] and was sentenced to
life imprisonment. On February 8, 1869, Mudd was pardoned by President Andrew Johnson, after Dr. Mudd had worked heroically fighting an yellow fever
epidemic in the prison where he was serving his sentence, saving many lives.
2) Marcus Mosiah Garvey, Jr., a National Hero of Jamaica (1887 - 1940), was a publisher, journalist, Black nationalist, Pan-Africanist, and orator.
Marcus Garvey was founder of the Universal Negro Improvement Association. Convinced that Blacks should have a permanent homeland in Africa, Garvey
sought to develop Liberia. On 27 June 1919, the Black Star Line of Delaware, was incorporated by the members of the UNIA with Garvey as President.
Many complaints were made over the method of selling stocks in the BSL - Black Star Line.
Of the four Black Star Line officers charged in connection with the enterprise, only Garvey was found guilty of using the mail service to defraud.
Garvey's supporters contested that the prosecution was politically motivated and a miscarriage of justice. They relied on key witnesses recanting
their testimony and FBI Director Hoover's explicit regret that “Garvey had committed no crimes.” When the trial ended on 23 June 1923, Garvey was
sentenced to five years in prison. He was granted bail pending appeal after serving three months in prison. Garvey's sentence was eventually commuted
by President Calvin Coolidge to “time served.” [Not a full pardon].
3) Eugene Victor Debs (1855 - 1926) was an American union leader, one of the founding members of the International Labor Union and the Industrial
Workers of the World (IWW), as well as a frequent candidate for President of the United States, running in 1900, 1904, 1908, 1912 and 1920 on the
Socialist Party ticket. Through his presidential candidacies as well as his work with labor movements, Debs would eventually become one of the
best-known Socialists in the United States.
In the early part of his political career, Debs was a member of the Democratic Party. Debs was arrested for violating the Espionage Act of 1917.
[Wilson’s equivalent to Bush’s Patriot Act] The period was characterized by supporters of communism and socialism being arrested and detained
under suspicion of sedition. [An old English charge of defaming the monarch or his government. A no no]. Aside: The ACLU - American Civil Liberties
Union - fights any sedition law as violating the First Amendment guarantees of free speech and association. End.
Deb's speeches against the Wilson administration and the war earned him the undying enmity of President Woodrow Wilson, who later called Debs a
"traitor to his country.” Debs was tried and to no one’s surprise convicted and sentenced to serve ten years in prison.
Debs appealed his conviction to the Supreme Court. In its ruling on Debs v. United States, the court examined several statements Debs had made
regarding World War I after passage of the Espionage Act. The Court found Debs still had the “intention and effect” of obstructing the draft and
recruitment for the war.
Among other things, the Court cited Debs's praise for those imprisoned for obstructing the draft. Justice Oliver Wendell Holmes, Jr. stated in his
opinion that “little attention was needed” since Debs' case was “essentially the same” as that of Schenck v. United States, in which the
Court had upheld a similar conviction. [A very poorly supported decision by the Court]. Debs went to prison on April 13, 1919.
On December 25, 1921, Republican President Warren G. Harding commuted Debs' sentence to time served. [No pardon]. Debs was released from prison and
was warmly greeted by President Harding at the White House. "I have heard so damned much about you, Mr. Debs, that I am very glad to meet you
personally." In 1924, Eugene Debs was nominated for the Nobel Peace Prize by the Finnish Communist Karl H. Wiik on the ground that "Debs started to
work actively for peace during World War I, mainly because he considered the war to be in the interest of capitalism.” He did not get the prize.
4) Armand Hammer (1898 - 1990) was a flamboyant United States business tycoon most closely associated with Occidental Petroleum, a company he ran for
decades. Early in the founding of the USSR, he developed close ties to the Soviet Union. He alone of Westerners was allowed to drill and pump oil from
the USSR.
Hammer cultivated a wide network of friends and acquaintances. Late in life, he would brag that he had been the only man in history friendly with both
Vladimir Lenin and Ronald Reagan. Hammer remains a controversial figure because of his ties to the Soviet Union, which led to speculation that he was
disloyal to the United States.
Aside: Hammer made an often criticized sweetheart deal with Al Gore Jr’s father, also a US Senator Al Gore Sr, involving a lead mine in east
Tennessee. The first Senator Gore ran interference for Hammer in the Senate. So what’s new? Gore Sr served 14 years in the House and 18 years in the
Senate. End.
During his lifetime and because of his tight control of Occidental Petroleum, Hammer is blamed for the company's misdeeds, including environmental
pollution, alleged mistreatment of its workers and four SEC investigations into financial improprieties.
Finally he was accused of making an illegal campaign contribution to Richard Nixon. Politically, Hammer was a staunch supporter of the Republican
party. He boosted Richard Nixon's presidential campaign with $54,000 in campaign contributions. He was convicted on charges that one of these
donations had been made illegally, but Hammer was later pardoned by Republican George H. W. Bush. [We do take care of our own?]
END OF PART 1
[edit on 12/29/2008 by donwhite]