America No Longer Has a Functioning Judicial System

Kangaroo Court

The Separation of Powers Which Define Our Democracy Have Been Destroyed

The Department of Justice told a federal court this week that the NSA’s spying “cannot be challenged in a court of law”.

(This is especially dramatic given that numerous federal judges and legal scholars – including a former FISA judge – say that the FISA spying “court” is nothing but a kangaroo court.)

Also this week, the Department of Justice told a federal court that the courts cannot review the legality of the government’s assassination by drone of Americans abroad:

“‘Are you saying that a US citizen targeted by the United States in a foreign country has no constitutional rights?’ [the judge]  asked Brian Hauck, a deputy assistant attorney general. ‘How broadly are you asserting the right of the United States to target an American citizen? Where is the limit to this?’

“She provided her own answer: ‘The limit is the courthouse door’ . . . .

“‘Mr. Hauck acknowledged that Americans targeted overseas do have rights, but he said they could not be enforced in court either before or after the Americans were killed.’”

(Indeed, the Obama administration has previously claimed the power to be judge, jury and executioner in both drone and cyber-attacks.  This violates Anglo-Saxon laws which have been on the books in England and America for 800 years.)

The Executive Branch also presents “secret evidence” in many court cases … sometimes even hiding the evidence from the judge who is deciding the case.

Bush destroyed much of the separation of powers which made our country great.  But under Obama, it’s gotten worse.

For example, the agency which decides who should be killed by drone is the same agency which spies on all Americans.

Daniel Ellsberg notes that even the Founding Fathers didn’t have to deal with a government claiming that it could indefinitely detain Americanseven on American soil.

After Pulitzer Prize winning journalist Chris Hedges, journalist Naomi Wolf, Pentagon Papers whistleblower Daniel Ellsberg and others sued the government to enjoin the NDAA’s allowance of the indefinite detention of Americans – the judge asked the government attorneys 5 times whether journalists like Hedges could be indefinitely detained simply for interviewing and then writing about bad guys. The government refused to promise that journalists like Hedges won’t be thrown in a dungeon for the rest of their lives without any right to talk to a judge

The Department of Justice has also tapped Congressional phones, and a high-level NSA whistleblower says that including all 9 Supreme Court justices.

It’s not just the Executive Branch which has attacked the courts.  For example, Congress passed a bill stripping courts of the power to review issues related to genetically modified foods.

The Constitution is mortally mounded.  While the “war on terror” is commonly cited as the excuse, most of the attacks on our rights started before 9/11.  Indeed, the Founding Fathers warned 200 years ago that open-ended wars give the Executive an excuse to take away our liberties.

Two former U.S. Supreme Court Justices have warned that America is sliding into tyranny.   A former U.S. President, and many other high-level American officials agree.

In addition to attacks on the judiciary by the White House and Congress, judges are voluntarily gutting the justice system … and laying down in lapdog-obeisance to D.C.

For example, the Supreme Court ruled that if judges don’t like plaintiffs’ allegations of bad government actions, the judge can simply pre-judge and throw out the lawsuit before even allowing the party to conduct any discovery to prove their claims.   This guts 220 years of Constitutional law, and makes it extremely difficult to challenge harmful government action in court.

America has a “dual justice system … one for ordinary people and then one for people with money and enormous wealth and power”.

Indeed, most Americans have less access to justice than Botswanans … and are more abused by police than Kazakhstanis.


7 Responses to “America No Longer Has a Functioning Judicial System”
  1. Alabama John says:

    What is happening here is a story that has been repeated many times in history and the outcome is so predictable from past lessons learned.
    Name one country that when it started this slide ever came back.
    We better be looking at Australia or somewhere else that is taking action to prevent this to live.

  2. Talktotennessee says:

    The great trial lawyer Daniel Webster said: “Justice is the greatest concern of man on earth.”

    William Shakespeare’s quote from Henry VI: “THE FIRST THING WE DO, LET’S KILL ALL THE LAWYERS” was penned not to denigrate lawyers but in defense of their calling to defend against tyrannical opposition that would deny the individual his or her legal access. In other words, in order for a tyrant to gain control and destroy the rights of the individual, it would be necessary to deprive them of legal representation or access to the Courts.

    People have disagreed with my views on tort reform but we are at the point now where the man on the street is either ambivalent or complacent in relinquishing his rights out of ignorance! He believes propaganda that denying legal redress to his neighbor through the court system is in the best interests of the many! Combine man’s complacency with the government’s failure to prosecute special interests on the one hand and deny an individual legal access on the other and what you are seeing is the destruction of the individual’s rights. It is a different level of the same argument to deny the rights of the individual to legal access.

    When people are persuaded YOU have no reason to go to Court to protect your home or property, and now your privacy, emails, phone calls, the tyranny is complete and those in POWER have WON! The poor soul losing his home with no legal access or defense has become “the other guy” who has done something wrong and somehow deserves his plight!

    WELL, what if that ‘other guy’ is YOU? Do YOU have a right to defend your freedoms, privacy, home or property? When YOU lose access or alternately the Court is corrupted at the highest level, then National or State power has overrun YOUR constitutional rights.

    State legislatures make laws that tie the hands of individuals and their lawyers seeking redress for wrongs in the courts NOW! Is it any stretch that the government has found a way to circumvent the rights of millions of people in the misguided defense of special interests, government and Wall Street by taking advantage of people’s fears! I am not talking about anyone party, both are the same in my opinion in removing individual rights. It is Congress and state legislatures that we have to take control of. We have to wake people up when it is time to vote!

    Stop voting on the basis of whether you want to have a beer with good old Jimmy Joe or huntin’ with Bob boot shooter, who when they get to session pocket the lobbyists money and vote to destroy your rights. What we get in return is a biased or symbolic legal system, ‘in name only’ Court that is designed to fulfill the legal requirement but deny the reality of their function. These are the rocket docket foreclosure courts, courthouse step foreclosures, secret judicial courts re: privacy surveillance.
    It is all the same friends! It destroys the rights of THE individual one at a time but in the end,it remove the VOICE of ALL from fair legal remedy. WAKE UP AMERICA! The coffee is burnt.
    FOLKS, we are there NOW!

  3. keepon says:

    “Two former U.S. Supreme Court Justices have warned that America is sliding into tyranny. A former U.S. President, and many other high-level American officials agree.”

    REally. IS SLIding?! HOW DO WE STOP IT?! Have THEY any advice? These ongoing histrionics in Washington are a humiliation. Every day a new Kabuki episode of them ALL pretending to govern in earnest. Just like our president who can stand up and give the most glorious of speeches so you know he’s ‘got a clue,’ and then does just the opposite of what he said. Is that immoral, or illegal?


  4. Yode says:

    Has anyone stopped to consider that the reason they are so confident that this decision cannot be “challenged in any court of law” is due to the NSA spying on everyone and they now have dirt on all key members of the judiciary? We now know (thank you Mr. Snowden) that every electronic communication for at least the last 6 years has been intercepted. How are we to believe that ANY decision by ANY court has not been made under threat duress or coercion?

  5. Mark Bowen says:

    I’d like to know who wrote this and where I can find the original. The best thing about this article is the condemnation of both political parties in the U.S.. Tyranny through Fascism, Communism or by any other path is still tyranny; it matters not how we get there. I would point out, however, that the Judiciary is only upset that it is losing some of its power. If the tables were turned, they would be doing the same thing. Just consider the millions of people that have lost their homes through, prima facie, unlawful foreclosure. The judiciary is not the only victim here, and it’s hard to shed a tear when a thug gets his ass kicked.

  6. pat farrell says:

    Demons and God-less parasites.

  7. The system has been broken along time.People are just now starting to wake up and smell the coffee and realize it has to be changed.Maybe in 100 years we will have it back to what it was always supposed to be.Maybe.

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