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Summary | Holding Political Leadership Accountable Before the Law: Week of October 31

"In a government of law, the existence of the government will be imperiled if it fails to observe the law scrupulously. Our government is the potent, the omnipresent teacher. If the government becomes a lawbreaker, it breeds contempt for the law; it invites every man to become a law unto himself; it invites anarchy." Justice Louis Brandeis

4 New Items including:

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  • The House Is Duty-Bound to Bring Articles of Impeachment Against Clarence Thomas
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  • Justices Scalia And Thomas's Attendance At Koch Event Sparks Judicial Ethics Debate
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David Culver, ed., Evergreene Digest

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Pat Bagley

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Iraq war logs: These crimes were not secret, they were tolerated, Peter Beaumont, London Guardian | UK

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  • Why did we not investigate allegations of murder and torture in Iraq at the time, when it was well known what was going on?
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  • Thank you Wikileaks - Now Let's End Wars and Occupations
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If you liked reading this article, consider contributing a cuppa jove to Evergreene Digest--using the donation button in the above right-hand corner—so we can bring you more just like it.

The House Is Duty-Bound to Bring Articles of Impeachment Against Clarence Thomas, Earl Ofari Hutchinson, Huffington Post
The impeachment case against Thomas is based on clear legal and constitutional (Article III, Section 1 of the U.S. Constitution) grounds, that a Supreme Court Justice that "lacks good behavior" can be impeached.
Rep. Peter DeFazio (D-OR) Investigating Impeachment For Chief Justice John Robert

Rep. Peter DeFazio (D-OR) Investigating Impeachment For Chief Justice John Roberts, Amanda Terkel, Huffington Post

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  • "I'm investigating articles of impeachment against Justice Roberts for perjuring during his Senate hearings, where he said he wouldn't be a judicial activist, and he wouldn't overturn precedents."
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  • A Serious Danger to Effective Self-Government
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  • The House Is Duty-Bound to Bring Articles of Impeachment Against Clarence Thomas
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Justices Scalia And Thomas's Attendance At Koch Event Sparks Judicial Ethics Debate, Sam Stein, Huffington Post
Their presence at the conference still raises questions of transparency and, for some, broader concerns about judicial independence.

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Lawless Courts

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  • The country's 238 adjudicators in fifty-nine immigration courts rule on everything from asylum applications to whether a marijuana conviction warrants deportation. Many, especially the good ones, are burned out from their share of the massive annual caseload: 390,000 cases were initiated across the country in 2009. The laws, regulations and infrastructure are inadequate to the high stakes of prolonged incarceration or banishment.
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  • Access To Justice In U.S. At Third-World Levels
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Jacqueline Stevens, The Nation

If you liked reading this article, consider contributing a cuppa jove to Evergreene Digest--using the donation button in the above right-hand corner—so we can bring you more just like it.

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One day in April, J. Dan Pelletier, a government adjudicator, faces a video camera in an Atlanta immigration court. At the same moment, in a Stewart Detention Center mini-court in the Georgia hinterland, two dozen men in orange and blue jumpsuits seated behind a low rail are watching Pelletier on a monitor wheeled in front of a vacant dais. Pelletier addresses the men brusquely: "I have been told each of you has admitted the allegations and conceded removability back to your home country. Is there anybody in this group that does not want an order of removal to their home country?"

Giving the men no time for comprehension or to summon the courage to reply, Pelletier pushes on, ignoring the rule requiring him to ascertain whether each individual is abandoning a claim to remain in the United States. The interpreter, also in Atlanta, repeats in Spanish, "Nobody said anything. Does each one accept this? Please respond in the affirmative." The men sit there, mute, befuddled, watching the cranky old man like they might watch any other bad TV. The Department of Homeland Security (DHS) prosecutor sits quietly in front of the rail.

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Access To Justice In U.S. At Third-World Levels, Says Survey, Dan Froomkin, Huffington Post

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  • The truth is that as a nation, we face nothing short of a justice crisis. It is a crisis both acute and chronic, affecting not only the poor but the middle class. The situation we face is unconscionable. -- Harvard Law Professor Larry Tribe
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  • Need a Lawyer? Good Luck
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  • Corporate America's Favorite Jurists Return
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The House Is Duty-Bound to Bring Articles of Impeachment Against Clarence Thomas

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  • The impeachment case against Thomas is based on clear legal and constitutional (Article III, Section 1 of the U.S. Constitution) grounds, that a Supreme Court Justice that "lacks good behavior" can be impeached.
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  • Rep. Peter DeFazio (D-OR) Investigating Impeachment For Chief Justice John Roberts
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Earl Ofari Hutchinson, Huffington Post

If you liked reading this article, consider contributing a cuppa jove to Evergreene Digest--using the donation button in the above right-hand corner—so we can bring you more just like it.

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Supreme Court Justice Clarence Thomas can and should be impeached. The case and the grounds for impeachment proceedings against him are virtually iron-clad. The evidence is compelling that Thomas perjured himself in his testimony to the Senate Judiciary Committee during his court confirmation hearings in 1991. The evidence is equally compelling that this constituted lying under oath to Congress during the hearings.

The impeachment case against Thomas is not based on personal or political disagreement over his views, decisions, opinions and rulings on the bench, his penchant for pornographic material, or for sexual harassment. It is based on clear legal and constitutional grounds, precedents, and Congressional mandates. Article III, Section 1 of the U.S. Constitution explicitly states that a Supreme Court Justice that "lacks good behavior" can be impeached.

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Rep. Peter DeFazio (D-OR) Investigating Impeachment For Chief Justice John Roberts, Amanda Terkel, Huffington Post

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  • "I'm investigating articles of impeachment against Justice Roberts for perjuring during his Senate hearings, where he said he wouldn't be a judicial activist, and he wouldn't overturn precedents."
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  • A Serious Danger to Effective Self-Government
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Cheerleader Required to Cheer for Man Who Assaulted Her

Help hold Silsbee (TX) High School officials accountable for their actions.

Caroline Heldman, Ms. Magazine

If you liked reading this article, consider contributing a cuppa jove to Evergreene Digest--using the donation button in the above right-hand corner—so we can bring you more just like it.

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If someone assaulted you, would you want to then cheer for his performance on a basketball court? A 16-year-old Texas high school student sure didn’t.

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High school football star Rakheem Bolton and two others were indicted for sexual assault of a child–identified only as H.S.–at a post-game party in 2008. According to H.S.–a fellow student and cheerleader at Silsbee High–Bolton, football player Christian Rountree and another juvenile male forced her into a room, locked the door, held her down and sexually assaulted her. When other party-goers tried to get into the room, two of the men fled through an open window, including Bolton, who left clothing behind. Bolton allegedly threatened to shoot the occupants of the house when the homeowner refused to return his clothes.

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In September 2010, Bolton pled guilty to a lesser charge of Class A Assault and was sentenced to one year in prison, a sentence that was suspended by the judge in lieu of two years probation, a $2,500 fine, community service and an anger management course.

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Rep. Peter DeFazio (D-OR) Investigating Impeachment For Chief Justice John Roberts

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  • "I'm investigating articles of impeachment against Justice Roberts for perjuring during his Senate hearings, where (sic) he said he wouldn't be a judicial activist, and he wouldn't overturn precedents."
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  • A Serious Danger to Effective Self-Government
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  • The House Is Duty-Bound to Bring Articles of Impeachment Against Clarence Thomas
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Amanda Terkel, Huffington Post.com

With Democrats increasingly outraged over the Supreme Court's Citizens United decision that allowed unlimited corporate spending in elections -- a change conservatives have been more successful at taking advantage of -- a Democratic congressman is raising the prospect of impeaching the Supreme Court's chief justice over the issue.

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"I mean, the Supreme Court has done a tremendous disservice to the United States of America," Rep. Peter DeFazio (D-Ore.) told The Huffington Post on Tuesday. "They have done more to undermine our democracy with their Citizens United decision than all of the Republican operatives in the world in this campaign. They've opened the floodgates, and personally, I'm investigating articles of impeachment against Justice Roberts for perjuring during his Senate hearings, where (sic) he said he wouldn't be a judicial activist, and he wouldn't overturn precedents."

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A Serious Danger to Effective Self-Government, Steve Cobble, Huffington Post

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  • "We write today because we believe that the Supreme Court's creation of corporate 'speech' rights on which the Citizens United decision rests is contrary to the First Amendment as we understand it."
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  • Corporate America's Favorite Jurists Return
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The House Is Duty-Bound to Bring Articles of Impeachment Against Clarence Thomas, Earl Ofari Hutchinson, Huffington Post

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  • The impeachment case against Thomas is based on clear legal and constitutional (Article III, Section 1 of the U.S. Constitution) grounds, that a Supreme Court Justice that "lacks good behavior" can be impeached.
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  • Rep. Peter DeFazio (D-OR) Investigating Impeachment For Chief Justice John Roberts
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