The 9th U.S. Circuit Court of Appeals, of course. They couldn't figure out how an obviously oppressed third worlder like Ressam could have been sentenced to 22 years. "Appeals court vacates sentence of 'millennium bomber' Ressam," from AP, with thanks to all who sent this in:
SAN FRANCISCO (AP) - A federal appeals court on Tuesday vacated the sentence of "millennium bomber" Ahmed Ressam, who was arrested near the U.S.-Canadian border and convicted of plotting to bomb Los Angeles International Airport at the turn of the millennium.Ressam was arrested in December 1999 In Port Angeles, Wash., when he drove off a ferry from British Columbia with a trunk full of explosives. Prosecutors said he was intent on bombing the airport on the eve of the millennium.
He was sentenced to 22 years in prison after being convicted of all nine charges. The 9th U.S. Circuit Court of Appeals in San Francisco reversed his conviction on one of the charges and sent the case back to a lower court judge to issue a new sentence and explain the rationale behind the original 22-year term.
We deserve to be bombed. Jihadists: please continue as planned and start with the courts. :))
Once again a decision brought to you by the 9th Circus Court of Appeals.
Is the argument that the 22 year sentence is to short? or too long?....
What difference does it make?....
Obviously a Muslim traveling with a carload of explosives is surely planning a gala celebration on the beaches of Malibu with his surfing buddies....
How many times must you be hit on the head with a lead pipe before it hurts....
Come on Justices, your lsd days are over, the real world surrounds you...open your eyes!!
Can we fire the 9th U.S Circuit Court of Appeals for incompetency?
They could have answered the appeal with a simple NO.
Muslims with explosives intend to kill someone included members of the 9 U.S Circuit Court of Appeals , if they could be found....
American Justice is gone to Hell in California. Thank you Barbara Boxer...
I read what I could of the ruling... the fact of him carrying the 124 pounds of explosive is undisputed. He will receive another long sentence most likely ... but... have you ever read the spew that passess for 'court opinion'?
entire court opinion:
http://www.ca9.uscourts.gov/ca9/newopinions.nsf/E875C77831F8EDBD88257265005D92B1/$file/0530422.pdf?openelement
Jihadists... if you must attack the U.S. resume the attacks with the courts. You'll be doing us a favor in some cases.
From a trunk full of explosives to demanding a rationale for the 22 yr sentence.
From we'll never forget being chanted on the streets of New York City to Sen. Hillary Clinton D-NY and Sen. Chuck Schumer D-NY seeding to guarantee Joe Terrorist's right to privacy in taking terror planning phone calls from Al Qaeda overseas.
Such small steps; such big crevasses.
We deserve to be bombed. Jihadists: please continue as planned and start with the courts. :))
Posted by: A_Plague_on_Both_Houses
Start with the courts in San Fran. And for crying out loud.. WHY is this case tried there in the first place?!
A Plague - thanks for posting the brief. He has a string of visa violations and fraud. Hopefully he can be shipped out of the US after his sentence is complete.
Anyway, this is a technical matter that will not result in this guy being freed, just resentenced. Hopefully they will throw away the key.
More safe places to be during the next jihadonazi attacks -in addition to the New Duranty Times and WaPo - we can now seek shelter in the US Court houses.
"Muslims with explosives intend to kill someone included members of the 9 U.S Circuit Court of Appeals , if they could be found.... "
--exsgtbrown
Do you all realize that as soon as there is an Islamic attack on the United States, all "VIPs"--Congress, administration, etc. are moved to secure locations so that the government can survive.
I wonder if moving the people to a safe location and letting the government bear the brunt of what they have and are bringing down onus wouldn't be a better idea?
9th US Circuit Court of Appeals judges should be be our first line of defense--that is, placed where the people they are being so lenient towards can rid us of them (judges).
"From we'll never forget being chanted on the streets of New York City to Sen. Hillary Clinton D-NY and Sen. Chuck Schumer D-NY seeding to guarantee Joe Terrorist's right to privacy in taking terror planning phone calls from Al Qaeda overseas."
........with slugs like these making the rules such as no profiling. no wiretaps, no video survelliance, no banking monitoring, no undercover activities allowed. no patriot act, no military bill allowed to pass, and no to anything that could be used to save american lives, it is no wonder Muslims are smiling....that is right, if caught , go to court, then appeal.....heck, you might even win and then you can sue for dollars....
"VIPs"--Congress, administration, etc. are moved to secure locations so that the government can survive."
......what is these are the first targets??
Yes, for the love of God, please resume your Jihad in San Francisco! I don't care if it's the courts or not (but that would be best), but SF would be perhaps the only thing that would or could bring a reaction from the Pelosi crowd.
The lower court needs to provide a rationale for the sentence?
- He was trying to blow up an airport.
Yet another reason to abolish the procedure of taking prisoners.
Shot while running away from a car full of explosives works for me.
Let the anti-American slime in San Fran overturn that one.
I believe that I read once that this court is the most overturned court in the US. Once again they have shown their treachery. Someone asked if we could fire them, yes. Impeach them all.
I recall throughout my childhood seeing an "Impeach Earl Warren" billboard on one of the highways near my home. An "Impeach the 9th Circuit Court" would look attractive and I would allow it on my property if I had any.
Plague
Thanks for providing this. You are right - from pg 12 of this document:
You just can't make such stuff up. Just one more of those 'The Law is an Ass' episodes. I'd suggest that on the above grounds, the explosives confiscated from Ressam be returned to him, or, if it's now worthless, that he be provided with new explosives, but with explicit instructions that he takes them and does whatever he likes with them in the 9th Circus Court of Appeals.From the same court that ruled that it's okay to convert our kids to Islam.
When the war ramps up, remember the 9th circuit 5th column.
"Yes, for the love of God, please resume your Jihad in San Francisco! I don't care if it's the courts or not (but that would be best), but SF would be perhaps the only thing that would or could bring a reaction from the Pelosi crowd."
It would bring a reaction alright. The reaction would be to blame the attack on a "right-wing conspiracy".
After all, Islam is a peaceful religion, isn't it?
USBeast... well, if we need a revolution to fix things, perhaps that's the way to start?
I am not advocating such, of course, but the Left needs a catalyst to wake them up to the dangers we are facing as a society and a civilization.
If/when the TSHTF, you can rest assured that the Heartland of our country is where you will find the most focused resistance.
We will not submit!
It's all a bunch of legalese. I too think this guy will get a stiff sentence althought I agree with the poster who said 'shot while running away' is a much more desirable result. Cheaper too.
As for this "legal argument":
There is no evidence that the explosives emboldened Ressam to lie or that he used them to “protect himself or intimidate others.” Id. Accordingly, we vacate Ressam’s conviction as to Count 9 only.
OF COURSE the explosives "emboldened him to lie"! His entire purpose was to bring the explosives into the United States and thus he *by necessity* had to lie.
The desire to cause murer and mayhen by use of the explosives "emboldened him to lie".
There’s a book in this theoretical concept somewhere…
The Constitution Directive of 2026
Whereas the State of the Union is a crisis unforeseen by our forefathers, which historic democratic processes cannot solve, this Executive Order hereby transfers the entire powers of the Judicial, Legislative, and Executive powers of the United States of America to the Chairman of the Joint Chiefs of Staff of the military for a period of three years. The Chairman shall take action as he deems necessary to protect and preserve the Union during this time.
Following this period of three years, the Chairman shall re-institute democracy under the American Constitution as originally approved. The Chairman shall have the power to modify, weaken, or eliminate Amendments to the Constitution implemented after the Bill of Rights. He shall also have the power to establish new Citizenship and voter-eligibility criteria as he sees fit. Voter eligibility shall include between one quarter and one half of the American population.
I think the 9th U.S. Circuit Court of Appeals should be turned in to Homeland Security.
Judges arrested accordingly for aiding and abetting the enemy.
This is another perfect example of the insanity of liberal fruitcake ideas that have so infected our justice system that it can no longer function. Jihadists in California are innocent, repeat child molesters in Vermont get a couple months in jail or off scot free, illegal aliens are repeatedly captured and released into American society and so forth. The only people the justice system seems intent on punishing are rich, young, white, college men accused of rape by crazy strippers with no evidence.
Sleep tight tonight, your government will protect you.
I see a major conflict between "the believers" and us infadels coming. . . .coming soon. I fear for my grandchildren.
American Justice is gone to Hell in California. Thank you Barbara Boxer...
Bill Clinton appointed a lotta Marxists to the federal bench. That is one of the sorer points in his egregious legacy.
Slick Willie ranks right down there with Dubya in Legacy Lows.
Whereas the State of the Union is a crisis unforeseen by our forefathers, which historic democratic processes cannot solve, this Executive Order hereby transfers the entire powers of the Judicial, Legislative, and Executive powers of the United States of America to the Chairman of the Joint Chiefs of Staff...
And this could be accomplished constitutionally, pez, per Article III Section 2:
In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction. In all the other Cases before mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make.
Of course, to do this would require that Congress muster the courage to excercise Section 2, which looms over our bastard Judiciary, much as the power to impeach also does.
Is this what Sandy Berger was destroying documents for? I've always thought the guys were nuts who said liberal judges let criminals out of prison to kill more people with guns, to justify taking guns away from everbody. Now it's beginning to make sense. By any chance, is this another Clinton-appointed judge out there in La-la-land? I know hanging terrorists seems cruel to some people, but it's one way to make sure they are disposed of, and not turned loose on appeal before some idiot judge. Never thought the day would come when we would have to look to Ethiopia to save the Western World, but we're coming to it fast.
Now, what if we Europeans were to post "US being flushed down the toilet", "Dhimmitude Gone Mad in US", "Sad to See the Decline of a Once-Great Power",
"Sharia in US by 2030" etc. etc. But perhaps we'll just indulge in a little Schadenfreude.
But seriously, American friends, just remember little cases like this when you're tempted to sound off about Europe once more.
I've read some comments here saying that Charles Schumer (D-NY) supports "Joe Terrorist", but to be fair, isn't Senator Schumer also an outspoken critic of CAIR? Maybe I'm confusing him with a different senator.
APF; Now we just need to find a way to make political interests voluntarily surrender power. I give the Vikings better odds in the 2008 Super Bowl.
9th Circuit home of the Jimmy Carter peanut brain judges who thinks with Bill Clinton's sexual cigar on all their appointed decisions.
They would rule bin Laden innocent, George Bush guilty of being the second shooter in Dallas, Jane Fonda a patriot and ........well jihadists peace loving flower children.
Can we make terrorists wards of judges to live in their homes and they can be the first recipients of the Manson style love ins these ignorant leftists murder loose on America.
JFGR - That sound you hear is the gurgle of an American Standard toilet containing the Dhimmi justices of the "nutty ninth" who quite simply r4efuse to be flushed. I'm afraid we are guilty as charged, and less safe than we were prior to this finding.
Are you kidding me? The guy was all set to blow up LAX at New Years and the 9th Circuit thinks that 22 years in jail was too harsh?!!
The United States has some serious problems.
It is hard to tell sometimes which is the more serious threat to global stability--al-Qaeda or western liberalism.
As we see here, at times it is western liberalism that poses the more serious threat...
Maybe everyone at Jihad watch (and elsewhere)should contact Senator Clinton and other government representatives and tell them WE all want to be terrorists and demand that laws outlawing murder be erased from the books and all penalties lifted.
As we can see, such anti-homicide laws practically already have been eliminated---particularly if you are an Islamic terrorist.
Could Ousamah bin Looney Tunes be sleeping with some US female (or maybe male)politicans and/or lawmakers?????
What other explanations(or excuses) are there????
Let me ask a stupid question! Why wasn't this clown executed? This is ridiculous! Ressam should have been hung the next day after they found him with the explosives.
"However, the evidence adduced at trial does not show that the explosives “facilitated or played a role in the crime” of lying on the customs declaration."
Excuse me? Wasn't the guy SMUGGLING this stuff into the US because he couldn't obtain it here? Would he have had to lie on the customs form if he DIDN"T have the explosives? What was the judge who wrote the decision SMOKING?
"It is not enough for the government to prove that Ressam lied because he was smuggling explosives in the trunk of his car."
This sounds like a perfect basis on which a drug smuggler could be set free. Lie on the customs form because you have a trunk full of heroin or marijuana. It's not enough for the government to prove you lied because you were smuggling drugs.
It turns out the judge was a GOP appointee.
Other links say Ressam gave valuable information to terrorism investigators for four years, too late to prevent 9/11, but such is life. They say he saved lives in Europe, so George Bush will praise him as a "peaceful" Muslim.
Not knowing how much of his sentence was based on this one charge, it's hard to say what he'll get. I would bet it would be time served (already seven-plus years) and he'll be out just in time to celebrate Independence Day. I wish that were a joke, but I'm not sure it is.
p.s. Thanks to those who posted text from the decision. The link was hard to get to.
But seriously, American friends, just remember little cases like this when you're tempted to sound off about Europe once more.
Posted by: JFGR
We will remember the curiously self-defeating behavior of the Spanish voters right after the Madrid train bombings.. and the inaction of French police when cars were burning at the hands of moslem "youths" by the thousands.
Do you think that would go unopposed here in the USA?
It is hard to tell sometimes which is the more serious threat to global stability--al-Qaeda or western liberalism.
As we see here, at times it is western liberalism that poses the more serious threat...
Posted by: pythagoras
---------------------
You got it brother!
... and JFGR, and MeanieMo ...
My reply to JFGR: Ouch, that struck a nerve.
"Let me ask a stupid question! Why wasn't this clown executed? This is ridiculous! Ressam should have been hung the next day after they found him with the explosives.
Posted by: DavidE "
Makes me laugh,,yes it is a little perverse to laugh at things like that, but given the world reaction to saddam's hanging can you imagine this reaction? He is a martyr now.
They would say you executed someone who didn't even committ a crime! Bad, bad people to do things like that. Never mind that this creep would have killed thousands had he succeeded.
Have a look at this,,see what I mean?
Now they are whingeing about the "correctness" of these executions, but do they give a sh** about 70 victims of a suicide bomber?
(Both stories on the homepage)
http://www.news.com.au/heraldsun/story/0,21985,21071018-663,00.html
The hippocrisy and lunacy our leaders are showing is doing more harm than OBL.
LIBERAL JUDGES PRETEND NOT TO UNDERSTAND PLAIN ENGLISH
The plain language of the statute is: "Whoever carries an explosive during the commission of any felony which may be prosecuted in a court of the United States" violates the statute and can get imprisoned for up to 10 years for that particular offence.
The liberal San Francisco judges, however, added the language "IN RELATION TO" and found that the legislature REALLY MEANT "Whoever carries an explosive during AND IN RELATION TO the commission of any felony" violates the statute.
Two insidious things are happening here. First, the liberal judges are RE-WRITING the statute and misconstruing it intentionally, which is a clear violation of the separation of powers in this country.
Second, they are making the statute more favorable to psychotic terrorists who undoubtedly would be the only class of people running around carrying EXPLOSIVES during the commission of felonies!
I hope this absurd opinion get appealed forthwith. It's becoming clearer and clearer that the left hates Americans. When are the liberals ever going to wake up and realize that John Lennon's Imagine ideology does not work w/ psycho jihadists?
"USBeast... well, if we need a revolution to fix things, perhaps that's the way to start?
I am not advocating such, of course, but the Left needs a catalyst to wake them up to the dangers we are facing as a society and a civilization."
Eric, I'm afraid you're dreaming. My older brother is a Sixties era leftist member of the gay community. He is utterly convinced that the enemy and source of all evil is the Christian Right. His ability to ignore the facts is bullet (and bomb) proof. If a Muslim chopped off his head he would use his last breath to damn George Bush.
He is, alas, typical.
The 9th Circuit is more apt and likely to throw a church pastor in jail for 22 years who reads from the Book of Romans out of the Bible in his church saying that homosexuality is a sin.
It's ridiculous that this guy received 22 years. He should have been executed on the spot. The issue should have been whether he should have been shot, hung or impaled. The legal opinion is legally meritless and ridiculous.
Man, things are starting to sound so darn right-wing with Jihad Watch readers. Even you Robert. I love your use of the facts but some of your comments can be troublesome. What happen to respect for the rule of law and judges? I guess since their in S.F. they must be liberal idiots. I don't mind some disagreement, but geez guys, you have some ridiculous comments going on here. Seems that Bush started it all with his "activist judges" asinine comment. When we start undermining the judicial system, then we start having real problems. I hope we can just chaulk it up to people venting. Like me, right now. Thank you.
Crazy(?)prediction for the future-the 9th Court will declare the Constitution unconstitutional and will attempt to replace it with full blown sharia.
Crazy(?)prediction for the future-the 9th Court will declare the Constitution unconstitutional and will attempt to replace it with full blown sharia.
Crazy?
When it comes to the 9th Circuit; NOTHING is crazy!
Yes Inhocdana, many do vent here. But make no mistake about it, the only ones who have a real chance of dealing with what we're up against are the right-wingers. The lefties and even most moderates are clueless about the real threats of Islam. I'd hate to see where we'd be right now without the right-wingers. But I probably will get to see that in the near future with the shiny new congress we now have.
Inhocdana:
You complain "what has happened to respect for the rule of law and judges."
Well, I would like to ask you what the hell has heppened to respect for human life in this country? Don't you think that the judicial system and its judges ought to respect the right of the American public to live without the threat of being murdered by the likes of Ressam and his ilk? If the US judicial system renounces the responsibility of getting terrorists off our streets, who else is going to bear that responsbility in their place?
By the way, there are cases of judges having been bribed. It is well-known that Islamic organizations have plenty of money to throw around and will bribe US institutions if it is in their interest to do so, the well-being of the American citizenry be damned.
The last time I checked, conspiracy to commit murder was a CAPITAL CRIME in America. Now, here we see a man (Ressam) who was caught red-handed on his way to commit mass homicides at Los Angeles International Airport. An open and shut case of someone attempting to commit mass murder on US territory. There is nothing remotely ambiguous about this case. Frankly, this man should have been eligible for the death penalty.
The judge in question had better provide a damn good reason for his actions and so far he apparently has not. I therefore see nothing wrong in questioning his decision to overturn a man already convicted of attmepting to commit mass murder of US citizens. Although this judge is certainly entitled to the respect accorded to all judge, the public is entitled to hold him to the same standards of his peers-- and I do not see from the above article that he is living up to these expectations. Admittedly, the fact that he is a SF judge inspires no confidence either. In fact, this jugge could be putting American citizens' lives at risk; especially if he succeeds in getting other convicted terrorists' sentences reduced. The public does NOT have to blithely accept judicial decisions like this one--especially as it will affect them!
And by the way, if YOU did what Ressam had done, do you think YOU would get the same treatment that Ressam is now getting? Think about it.
What happen to respect for the rule of law and judges?
Traditionally, judges were supposed to interpret laws; the 9th Circuit has a habit of making laws or overturning laws.
I guess since their in S.F. they must be liberal idiots.
Don't know; could be the floride in the water?
I don't mind some disagreement, but geez guys, you have some ridiculous comments going on here.
Most people that visit JW realize that the threat is neither Democrate nor Republican; neither Liberal nor Conservative; the threat is islam.
Unfortunately, those that call themselves Liberal, Democrate, or both tend to say and do things that favor islam and which are a threat to everyone else. Republicans and neo-cons are sinful also in this regard, but not to the extent that the Lib-Democrates tend to be.
As for the 9th Circuit; they are more dangerous to the freedom of the US then Mohammad Atta.
Why? Because Atta is dead and can do no more damage; the 9th Ciruit is an ongoing and living menace.
I’m probably guilty of some of the right-wing venting (and the valve’s still open). The following is hopefully on-topic because it discusses one end-game for Islam in the US.
I’m probably a nut for making the argument, but the West may be in the last stages of a democracy bubble. Islam may accelerate things, but the real downfall will be unfunded obligations to the social safety net. We spend about $160 million daily in Iraq. But at the same time, I estimate that we incur $3 billion in daily unfunded liabilities for Social Security and Medicaid. There was no federal social spending in 1930, it was 10% of the budget in 1948, and it is a rapidly growing 60% today. No tax can keep up and no benefits program can be cut. The good news is that whatever comes next will likely be able to deal with the Islamic challenge quickly. The bad news is that our system of government may fail.
For a political data-point, I used to have a lounge act and played Grateful Dead songs in a tie-dye tee shirt. Plato recognized five types of potential governments; rule by philosophers, military rule, oligarchy, democracy, and totalitarianism. He favored them in descending order. Democracy in Plato’s day was 6,000 eligible voters out of a population of 200,000. Plato considered democracy unstable.
Or maybe I’m just losing it.
http://faculty.frostburg.edu/phil/forum/PlatoRep.htm
Please call or email your congressman re: the denial of bail for the Border guards that have been convicted of shooting a Mexican Drug Runner. They are to report to jail tomorrow to serve their 10 year sentences in a federal jail. As the jails in California are controlled by the Mexican Mafia, it is likely that they will not survive their sentence.
Re: the Drug Runner who was shot, he was given a free pass for smuggling over 100lbs of marijuana. No prosecution and release from custody.
Follow up: The same Drug Runner was recently arrested for smuggling in 1,000lbs of marijuana. The indictment was sealed and it looks like he is going to get kid gloves treatment.
It will do no good for me to complain to my congressman Gil Cedillo, as he re-introduced his drivers license for illegals law today for the five year running. Sorry, he says markings on the licenses identifying the holder as illegal is the same as what the Nazi's did to Jews in WWII.
Please do contact your Congressman for the Border guards, as they are getting jobbed. And again, I apologize to the nation for what my Califonia representatives and the 9th Circuit Court Clinton appointees are doing to our nation.
I'm afraid that Robert has got this one all wrong. What actually happened is that the Justice Department appealed, claiming that the 22 year sentence was too short, not in conformance with sentencing guidelines, and an abuse of the trial judge's discretion. The 9th Circuit agreed with the Justice Department and overturned the sentence. This does not mean that Ressam will get a lighter sentence. The 9th Circuit has ordered the trial judge to resentence Ressam and to justify the new sentence in writing. Basically, they've ordered him to INCREASE the sentence unless he can make an argument that satisfies them and the Justice Department for a lower sentence.
If you want the real story, read this article or listen to the hearing yourself.
A further detail. Ressam was convicted of nine charges at trial. The 9th Circuit overturned his conviction on just one of the nine charges. That might in theory result in a lesser sentence, but since they don't simply add up the sentences for the various charges, and since the trial judge is under pressure to justify the relatively low sentence he imposed, it probably won't.
And by the way, you knee-jerk right-wingers who don't understand the job of the appellate courts might want to look at the basis for the conviction that was overturned. That charge was the possession of explosives during the commission of a felony. One element of that offense is that the explosives must have as their purpose the furtherance of the felony. The felony in this case was giving customs officers a false name. In order for this charge to be valid, the prosecution would have to establish that his possession of the explosives somehow furthered his lying about his name. This is of course extremely unlikely, and the issue was never presented to the jury. The 9th Circuit was absolutely correct in overturning his conviction on this charge. The prosecution screwed up on this one - they should never have brought it. This is not a court playing political games but a court following the letter of the law.
Bill; I have fond memories of hikes through BC with members of my family. I remember the marmots. Good points on the subject, I also have enjoyed and love our ideals. I don’t really know or care if it was the Justice Department, or the 9th Circuit, or the Defendant. But I know that the 'letter of the law' has morphed into rules of engagement that require our eighteen year olds to go through a decision-making process before they can pull the trigger. I shudder to think about the number of good men who have hesitated and are now dead. Our enemy has no such reservations.
Our 'letter of the law' is likely to change. When it does, don’t blame it the right-wingers. It will be a reaction.
Well then, if he is getting a longer sentence, that is bette rthen getting let off easy, but still not better than hanging. I suppose it's possible the truck load of explosives was perfectly legit, and had he filled out his customs form there would have been no problem, I guess I should try going to Canada for a load, have some tree stumps to remove. I understand the whole legal theory behind confiscation of firearms, motor vehicles or real estate involved in teh commission of a felony is they "enable" the crime. In fact liberals would have us believe that guns, not people, kill people. So how can a gun be guilty of murder, but not a trunk load of explosives? If there is a loophole hear, it needs to be closed, and it needs to include any WMD, because things that go off with a bang at least give warning, bio weapons pose a far greater threat of spreading before the harm is detected. And they have to do more than 22 or 32 years in prison if they apprehend those enabling or committing such an attack. Because I seriously fear that we will see a pre-election strike here like they did in Spain, and the only effort I see being made by the new congress is to keep us even more in the dark.
billposer said
I am glad to hear that Ressam may end up with more time; 22 years is not enough for attempted mass murder. But I understood that the issue you described above is not clearly resolved; ie. whether the possession of explosives is required to "further" the felony, or whether the possession alone is sufficient. It may be an issue that the Supreme Court will have to settle.
If his felony was lying to immigration officers in order to smuggle explosives into the U.S. to detonate them at LAX, then personally I hope that they decide that the possession of those explosives is just a wee bit relevant. The only downside I could see is that felons who are innocently carrying hundreds of pounds of explosives while committing unrelated felonies would be unduly punished. That's a downside I'd be willing to live with.
"We will remember the curiously self-defeating behavior of the Spanish voters right after the Madrid train bombings.. and the inaction of French police when cars were burning at the hands of moslem "youths" by the thousands.
Do you think that would go unopposed here in the USA?"
Glad you've brought this up. What makes you think dhimmitude goes UNOPPOSED in Europe? For example, presumably the many Spanish voters who did NOT vote out the government may have been opposed to a withdrawal from Iraq, and opposed that prospect by voting for the government then in power. And I seem to remember that the French police have drawn attention to the "Intifada" going on in France. The point is, that many people can oppose something, but can't do much about it when the major parties and the powers that be are steeped in dhimmitude to a greater or lesser extent -- and that goes for America, too. In my view, Americans are often woefully unware of what goes on in Europe (I myself don't know enough about US affairs, alas) and just see the headlines.
The beauty of our glorious Constitution is that it affords us great privileges. A document that's sole purpose is to limit the power of the government by enumerating its powers. It's not perfect, nor do I think it was intended to be perfect. It's inherently unspecific language I believe was intended to be left up to future generations to interpret and apply according its general principles.
Our judges and justices have the difficulty of determining precedence that will determine not only the fate of the individual case before them, but the fate of cases that will come before their court long after they are gone. They are suppose to do this without bias or prejudice. That is not to say that all judges and justices are equally faithful in performing their duties. The same rights they uphold those that will do use harm are the same right they uphold for us all should we be accused. Although it may be clear to us, and even the judge or justice, that the accused is guilty, the law must be followed to ensure the level of protection that is possible based upon our Constitution.
With that said, HANG THE MOTHER FUC*ER! I need an excuse for a party!
Take the 9th Circuit Court of Appeals justices on a field trip to Bagdad to view the results of a car bomb, show them the videos of the towers being struck by airplanes being flown by Muslims, show them the mass graves, show them the blood soaked torture cells, show them the films of several beheadings, show them the damage from embassy bombings, show them the films of the USS COLE, show them the bodies from rocket attacks in Israel at the hands of the Palistinians, show them the film clips of executions at the hands of Muslims......
....THen show them a copy of the US Constitution,show them film clips of American children, Show them film clips of American families, show them film clips of American soldiers, Show them film clips of several American landmarks.
Ask them which of the films clips they prefer to see........
exsgtbrown,
Our courts don't live in a vacuum such as you suggest. They took an oath. Their power is limited. They can't be held responsible for the atrocities of others because they followed the law layed down by our elected offcials. All they did is remand the case, not vacate a verdict.
You're not the only one that has seen the videos. If we did what you suggested, showing the judges and justices what you stated we should show them, I doubt it would have any affect, because their oath is to the CONSTITUTION OF THE UNITES STATES OF AMERICA AND THE PEOPLE IT REPRESENTS, and oath that I do not think they take lightly. Nobody want's to see a criminal walk, and in this case he won't, but we can't sacrifice the seperation of powers to fulfill our personal desire for justice.
"You can look at me with those judgmental eyes all you want, but I bullshit you not. I will bleed on the American flag to make sure those stripes stay red."
- you look up the quote
"Maybe ricidulous [sic] times call for ridculous measures", but who determines when time are rediculous enough for rediculous measures?
Did no one here read the decision? Stupid question, of course you didn't. (You saw the magic words: "terrorist," "Ninth Circuit," and "vacated" and pounced!)
The US GOVERNMENT asked for the sentence to be vacated. BECAUSE IT WAS TOO SHORT.
The Ninth Circuit vacated the sentence. Giving the lower court the opportunity to resentence this guy to the fullest extent of the law. Anyone who read the decision could not POSSIBLY see it as anything other than a big win for the Government and a big loss for the terrorist.
Oh, and if you had read the darn thing, you would have learned why he wasn't executed. He was, at least initially, a cooperating witness. Do we need to go over how capturing more than one terrorist is a good thing?
THE 9th Circuit Court of Appeals has a track record of overturning previous convictions and either reducing or just eliminating the prior sentence altogether... We will see where they go with this...This particular court practices their own brand of law...(or so it seems at times)
The 9th U.S. Circuit Court of Appeals, the same court that declared the Pledge of Allegiance, unconstitutional. And also rejected a lawsuit by 2 Christian students who accused the Byron Union school district of indorsing a religious practice. The students were required to recite Moslem prayers and take Moslem names, yet the court did not find this to be “overtly religious”.
Now had it been Judaism or Christianity, I am sure this mostly Liberal Democrat (67%) Court would have ruled in a completely different fashion.