Judicial Accountability Quotes

If there is in this world a well-attested account, it is that of vampires. Nothing is lacking: official reports, affidavits of well-known people, of surgeons, of priests, of magistrates; the judicial proof is most complete. And with all that, who is there who believes in vampires?

The United States is just "too big to hold to account," whether by judicial inquiry, boycott and sanctions, or other means.

Since the terms "aggression" and "terrorism" are inadequate, some new term is needed for the sadistic and cowardly torture of people caged with no possibility of escape, while they are being pounded to dust by the most sophisticated products of U.S. military technology. That technology is used in violation of international and even U.S. law, but for self-declared outlaw states that is just another minor technicality.... ...The United States is just "too big to hold to account," whether by judicial inquiry, boycott and sanctions, or other means.

If there is in this world a well-attested account, it is that of the vampires. Nothing is lacking: official reports, affidavits of well-known people, of surgeons, of priests, of magistrates; the judicial proof is most complete. And with all that, who is there who believes in vampires?—Rousseau

The bad parts of the statute are not judicially severable, I consider, from the rest of its provisions that deal with imprisonment. Their roots are entangled too tenaciously in the surrounding soil for a clean extraction to be feasible. The conclusion to which I accordingly come is that we are left with no option but to declare those provisions as a whole to be constitutionally invalid on account of their objectionable overbreadth.

I was starting to remember the whole problem now: I hate these fucking people [people at Tea Party rallies, ed]. It's never been just political, it's personal. I'm not convinced anyone in this country except the kinds of weenies who thought student council was important really cares about large versus small government or strict constructionalism versus judicial activism. The ostensible issues are just code words in an ugly snarl of class resentment, anti-intellectualism, old-school snobbery, racism, and who knows what else - grudges left over from the Civil War, the sixties, gym class. The Tea Party likes to cite a poll showing that their members are wealthier and better educated than te general populace, but to me they mostly looked like the same people I'd had to listen to in countless dive bars railing against "edjumicated idiots" and explaining exactly how Nostradamus predicted 9/11, the very people I and everyone I know fled our hometowns to get away from. So far all my interactions at the rally were only reinforcing my private theory - I suppose you might call it a prejudice - that liberals are the ones who went to college, moved to the nearest city where no one would call them a fag, and now only go back for holidays; conservatives are the ones who married their high school girlfriends, bought houses in their hometowns, and kept going to church and giving a shit who won the homecoming game. It's the divide between the Got Out and the Stayed Put. This theory also account for the different reactions of these two camps when the opposition party takes power, raising the specter of either fascist or socialist tyranny: the Got Outs always fantasize about fleeing the country for someplace more civilized - Canada, France, New Zealand; the Stayed Put just di further in, hunkering down in compounds, buying up canned goods and ammo.

it was clear that true freedom meant not just the ability to vote or choose one’s own political representatives, but the ability to build one’s own schools, to have accessible health care and jobs, to have clean air and water and energy in the control of the communities that utilize them. Of course, true freedom and independence also includes a free and fair judicial system, with responsible and accountable policing, fair legal process, and reasoned judgment and sentencing.

Western notions of individual autonomy and rule of law simply do not apply in the desert. An attack on one tribesman is an attack on all, and in a landscape where a murderer can quickly and quietly slip away, it matters little whether the accused is guilty or innocent. His entire clan is held accountable for thar—retribution. The resulting skein of honor and revenge, so familiar in the modern Middle East, is eternal, seemingly without beginning and without end. When the first recourse of victims is to their cousins, and not to the police or to an independent judicial system, poverty and political instability are the usual outcomes.

The loudness of tone in Jane Eyre is undoubtedly effective in communicating tension and frustration, but the style does of course have its related limitations. It precludes the use of the small suggestive detail or the quiet but telling observation that Mrs Gaskell and George Eliot are so good at. In such a fortissimo performance as this, the pianissimo gets drowned out, or noted only as an incongruity (which helps to account for the book's moments of unintended comic bathos). Again, it makes the whole question of modulation of tone a difficult one,6 and it is also hard to manage irony elegantly, as the Brocklehurst and Ingram portraits show. There is unconscious ambiguity but little deliberate irony in Jane Eyre. Hence the remarkable unity of critical interpretation of the book—the reader knows all too well what he is meant to think about the heroine and the subsidiary characters. The novel does not merely request our judicious sympathy for the heroine, it demands that we see with her eyes, think in her terms, and hate her enemies, not just intermittently (as in David Copperfield) but in toto. It was, incidentally, because James Joyce recognised the similar tendency of Stephen Hero that he reshaped his autobiographical material as A Portrait of the Artist as a Young Man, retaining the 'first-person effect' but building in stylistic and structural irony that would guard against the appearance of wholesale authorial endorsement of Stephen.

In the USA, the “corporament” exists as the: military (defense/offense) + industrial + academic (schooling – at all levels – as prison) + “corporament” entertainment (Hollywood, media, advertising/consumerism/commercialization, propaganda/psychological warfare) + judicial (defense and prosecutorial lawyers, judges, law enforcement/police, prisons) + financial (banks, accounting firms) + religion + petrochemical/pharmaceutical (drugs, antibiotics, antibacterials, vaccines, pesticides – toxins to kill or put you at “dis-ease” and drugs to “treat” you) + imperial commu-soci-capitofasdemocracism system/society/economy/Western thinking = Military-industrial-academic-“corporament” entertainment-judicial-financial-religion-petrochemical/pharmaceutical complex.

This is why today a country’s credit rating is far more important to its economic well-being than are its natural resources. Credit ratings indicate the probability that a country will pay its debts. In addition to purely economic data, they take into account political, social and even cultural factors. An oil-rich country cursed with a despotic government, endemic warfare and a corrupt judicial system will usually receive a low credit rating. As a result, it is likely to remain relatively poor since it will not be able to raise the necessary capital to make the most of its oil bounty. A country devoid of natural resources, but which enjoys peace, a fair judicial system and a free government is likely to receive a high credit rating. As such, it may be able to raise enough cheap capital to support a good education system and foster a flourishing high-tech industry.

In the wake of the Cognitive Revolution, gossip helped Homo sapiens to form larger and more stable bands. But even gossip has its limits. Sociological research has shown that the maximum ‘natural’ size of a group bonded by gossip is about 150 individuals. Most people can neither intimately know, nor gossip effectively about, more than 150 human beings. Even today, a critical threshold in human organisations falls somewhere around this magic number. Below this threshold, communities, businesses, social networks and military units can maintain themselves based mainly on intimate acquaintance and rumour-mongering. There is no need for formal ranks, titles and law books to keep order. 3A platoon of thirty soldiers or even a company of a hundred soldiers can function well on the basis of intimate relations, with a minimum of formal discipline. A well-respected sergeant can become ‘king of the company’ and exercise authority even over commissioned officers. A small family business can survive and flourish without a board of directors, a CEO or an accounting department. But once the threshold of 150 individuals is crossed, things can no longer work that way. You cannot run a division with thousands of soldiers the same way you run a platoon. Successful family businesses usually face a crisis when they grow larger and hire more personnel. If they cannot reinvent themselves, they go bust. How did Homo sapiens manage to cross this critical threshold, eventually founding cities comprising tens of thousands of inhabitants and empires ruling hundreds of millions? The secret was probably the appearance of fiction. Large numbers of strangers can cooperate successfully by believing in common myths. Any large-scale human cooperation – whether a modern state, a medieval church, an ancient city or an archaic tribe – is rooted in common myths that exist only in people’s collective imagination. Churches are rooted in common religious myths. Two Catholics who have never met can nevertheless go together on crusade or pool funds to build a hospital because they both believe that God was incarnated in human flesh and allowed Himself to be crucified to redeem our sins. States are rooted in common national myths. Two Serbs who have never met might risk their lives to save one another because both believe in the existence of the Serbian nation, the Serbian homeland and the Serbian flag. Judicial systems are rooted in common legal myths. Two lawyers who have never met can nevertheless combine efforts to defend a complete stranger because they both believe in the existence of laws, justice, human rights – and the money paid out in fees.

John Adams was keenly aware of the relationship between secrecy and corruption in government and the preservation of liberty. Many of the Founding Fathers understood the importance of transparency in a nation’s rulers. James Madison wrote that “A popular government without popular information, or the means of acquiring it, is but a prologue to a Farce or a Tragedy, or perhaps both.” Thomas Jefferson said that “If we are to guard against ignorance and remain free, it is the responsibility of every American to be informed.” Judicial Watch has always believed that knowing the “characters and conduct” of the individuals who serve in the government and ensuring that the public is “informed” about what its government is doing is crucial to preserving our great republic. That is why for over twenty-two years we have been the most active user of the federal Freedom of Information Act (FOIA) to promote transparency, accountability, and integrity in government, politics, and the law. We are the nation’s largest and most effective government watchdog group that works to advance the public interest. Transparency is all about self-governance. If we don’t know what the government is doing, how is that self-governance? How is that even a republic? When we were founded in 1994, we used the FOIA open records law to root out corruption in the Clinton administration. During the Bush administration, we used it to combat that administration’s penchant for improper secrecy. But the Bush administration pales in comparison to the Obama administration. Today, our government is bigger than ever, and also the most secretive in recent memory.

On this account I feel always, on a Saturday night, as though I also were released from some yoke of labour, had some wages to receive, and some luxury of repose to enjoy. For the sake, therefore, of witnessing, upon as large a scale as possible, a spectacle with which my sympathy was so entire, I used after, on Saturday nights, after I had taken opium, to wander forth, without much regarding the direction or the sistance, to all the markets, and other parts of London, to which the poor resort on a Saturday night, for laying out their wages. Many a family party, consisting of a man, his wife, and sometimes one or two of his children, have I listened to, as they stood consulting on their ways and means, or the strength of their exchequer, or the price of household articles. Gradually I became familiar with their wishes, their difficulties, and their opinions. Sometimes there might be heard murmers of discontent: but far oftener expressions on the countenance, or uttered in words, of patience, hope, and tranquillity. And taken generally, I must say, that, in this point at least, the poor are far more philosophic than the rich - that they show a more ready and cheerful submission to what they consider as irremediable evils, or irreparable losses. Whenever I saw occasion, or could do it without appearing to be intrusive, I joined their parties; and gave my opinion upon the matter in discussion, which, if not always judicious, was always received indulgently. If wages were a little higher, or expected to be so, or the quartern loaf a little lower, or it was reported that onions and butter were expected to fall, I was glad: yet, if the contrary were true, I drew from opium some means of consoling myself. For opium (like the bee, that extracts its materials indiscriminately from roses and from the soot of chimneys) can overrule all feelings into a compliance with the master key. Some of these rambles lead me to great distances: for an opium-eater is too happy to observe the motion of time.

Sometimes, as in the case of the copper companies, the nationalizations were achieved through legislation that won overwhelming support. (By now, no one in Chile loved the American companies; even the head of Chile’s Roman Catholic bishops declared that nationalization was right and just.) At other times the methods skirted or even overstepped the bounds of legality. The government would simply approve the seizures of farms and factories, one of those “loopholes” Allende was relying on. Perhaps the most important—and pernicious—method was by squeezing the companies economically, as he tried to do with El Mercurio. The government had the authority to approve price hikes and wage increases. Companies that were targets for takeovers were prohibited from raising their prices but were forced to raise their workers’ pay. Moreover, as the government extended its control of the banks, credit for distressed companies dried up. Forced bankruptcies were a favorite tool of Allende’s Socialists. And who was there to run these companies once they were taken over? Ambassador Davis reports: “Government-appointed managers were usually named on the basis of a political patronage system that would have put Tammany Hall to shame.” Many formerly profitable companies were soon incurring heavy losses. In the countryside, where peasants—often illiterate—were seizing control of the estates, there was resistance even to the simplest methods of accounting and cost calculation. As Allende told Debray, “We shall have real power when copper and steel are under our control, when saltpeter is genuinely under our control, when we have put far-reaching land reform measures into effect, when we control imports and exports through the state, when we have collectivized a major portion of our national production.” But it wasn’t just the economy that Allende was trying to control. He was also taking steps to centralize the government and restrict political freedom. He saw his most important political reform as replacing the bicameral legislature with a single chamber in order to strengthen the presidency and weaken congress’s ability to block his objectives. It would also have the power to override judicial decisions. He called the proposed new body the “People’s Assembly,” but he never gained sufficient support from the “people” to call a plebiscite on the question.

The most comprehensive studies of racial bias in the exercise of prosecutorial and judicial discretion involve the treatment of juveniles. These studies have shown that youth of color are more likely to be arrested, detained, formally charged, transferred to adult court, and confined to secure residential facilities than their white counterparts.65 A report in 2000 observed that among youth who have never been sent to a juvenile prison before, African Americans were more than six times as likely as whites to be sentenced to prison for identical crimes.66 A study sponsored by the U.S. Justice Department and several of the nation’s leading foundations, published in 2007, found that the impact of the biased treatment is magnified with each additional step into the criminal justice system. African American youth account for 16 percent of all youth, 28 percent of all juvenile arrests, 35 percent of the youth waived to adult criminal court, and 58 percent of youth admitted to state adult prison.67 A major reason for these disparities is unconscious and conscious racial biases infecting decision making. In the state of Washington, for example, a review of juvenile sentencing reports found that prosecutors routinely described black and white offenders differently.68 Blacks committed crimes because of internal personality flaws such as disrespect. Whites did so because of external conditions such as family conflict. The risk that prosecutorial discretion will be racially biased is especially acute in the drug enforcement context, where virtually identical behavior is susceptible to a wide variety of interpretations and responses and the media imagery and political discourse has been so thoroughly racialized. Whether a kid is perceived as a dangerous drug-dealing thug or instead is viewed as a good kid who was merely experimenting with drugs and selling to a few of his friends has to do with the ways in which information about illegal drug activity is processed and interpreted, in a social climate in which drug dealing is racially defined. As a former U.S. Attorney explained: I had an [assistant U.S. attorney who] wanted to drop the gun charge against the defendant [in a case in which] there were no extenuating circumstances. I asked, “Why do you want to drop the gun offense?” And he said, “‘He’s a rural guy and grew up on a farm. The gun he had with him was a rifle. He’s a good ol’ boy, and all good ol’ boys have rifles, and it’s not like he was a gun-toting drug dealer.” But he was a gun-toting drug dealer, exactly.

I took up the pestle as she left, and pounded and ground automatically, paying little heed to the results. The shut window blocked the sound both of the rain and the crowd below; the two blended in a soft, pattering susurrus of menace. Like any schoolchild, I had read Dickens. And earlier authors, as well, with their descriptions of the pitiless justice of these times, meted out to all illdoers, regardless of age or circumstance. But to read, from a cozy distance of one or two hundred years, accounts of child hangings and judicial mutilation, was a far different thing than to sit quietly pounding herbs a few feet above such an occurrence. Could I bring myself to interfere directly, if the sentence went against the boy? I moved to the window, carrying the mortar with me, and peered out. The crowd had increased, as merchants and housewives, attracted by the gathering, wandered down the High Street to investigate. Newcomers leaned close as the standees excitedly relayed the details, then merged into the body of the crowd, more faces turned expectantly to the door of the house. Looking down on the assembly, standing patiently in the drizzle awaiting a verdict, I suddenly had a vivid understanding of something. Like so many, I had heard, appalled, the reports that trickled out of postwar Germany; the stories of deportations and mass murder, of concentration camps and burnings. And like so many others had done, and would do, for years to come, I had asked myself, “How could the people have let it happen? They must have known, must have seen the trucks, the coming and going, the fences and smoke. How could they stand by and do nothing?” Well, now I knew. The stakes were not even life or death in this case. And Colum’s patronage would likely prevent any physical attack on me. But my hands grew clammy around the porcelain bowl as I thought of myself stepping out, alone and powerless, to confront that mob of solid and virtuous citizens, avid for the excitement of punishment and blood to alleviate the tedium of existence. People are gregarious by necessity. Since the days of the first cave dwellers, humans—hairless, weak, and helpless save for cunning—have survived by joining together in groups; knowing, as so many other edible creatures have found, that there is protection in numbers. And that knowledge, bred in the bone, is what lies behind mob rule. Because to step outside the group, let alone to stand against it, was for uncounted thousands of years death to the creature who dared it. To stand against a crowd would take something more than ordinary courage; something that went beyond human instinct. And I feared I did not have it, and fearing, was ashamed.

Under these circumstances the most anodyne book was a source of danger from the simple fact that love was alluded to, and woman depicted as an attractive creature; and this was enough to account for all—for the inherent ignorance of Catholics, since it was proclaimed as the preventive cure for temptations—for the instinctive horror of art, since to these craven souls every written and studied work was in its nature a vehicle of sin and an incitement to fall. Would it not really be far more sensible and judicious to open the windows, to air the rooms, to treat these souls as manly beings, to teach them not to be so much afraid of their own flesh, to inculcate the firmness and courage needed for resistance? For really it is rather like a dog which barks at your heels and snaps at your legs if you are afraid of him, but who beats a retreat if you turn on him boldly and drive him off. The fact remains that these schemes of education have resulted, on the one hand, in the triumph of the flesh in the greater number of men who have been thus brought up and then thrown into a worldly life, and on the other, in a wide diffusion of folly and fear, an abandonment of the possessions of the intellect and the capitulation of the Catholic army surrendering without a blow to the inroads of profane literature, which takes possession of territory that it has not even had the trouble of conquering. This really was madness! The Church had created art, had cherished it for centuries; and now by the effeteness of her sons she was cast into a corner. All the great movements of our day, one after the other—romanticism, naturalism—had been effected independently of her, or even against her will. If a book were not restricted to the simplest tales, or pleasing fiction ending in virtue rewarded and vice punished, that was enough; the propriety of beadledom was at once ready to bray. As soon as the most modern form of art, the most malleable and the broadest—the Novel—touched on scenes of real life, depicted passion, became a psychological study, an effort of analysis, the army of bigots fell back all along the line. The Catholic force, which might have been thought better prepared than any others to contest the ground which theology had long since explored, retired in good order, satisfied to cover its retreat by firing from a safe distance, with its old-fashioned match-lock blunderbusses, on works it had neither inspired nor written. The Church party, centuries behind the time, and having made no attempt to follow the evolution of style in the course of ages, now turned to the rustic who can scarcely read; it did not understand more than half of the words used by modern writers, and had become, it must be said, a camp of the illiterate. Incapable of distinguishing the good from the bad, it included in one condemnation the filth of pornography and real works of art; in short, it ended by emitting such folly and talking such preposterous nonsense, that it fell into utter discredit and ceased to count at all. And it would have been so easy for it to work on a little way, to try to keep up with the times, and to understand, to convince itself whether in any given work the author was writing up the Flesh, glorifying it, praising it, and nothing more, or whether, on the contrary, he depicted it merely to buffet it—hating it. And, again, it would have done well to convince itself that there is a chaste as well as a prurient nude, and that it should not cry shame on every picture in which the nude is shown. Above all, it ought to have recognized that vices may well be depicted and studied with a view to exciting disgust of them and showing their horrors.

Authorities this broad give the national security bureaucracy the power to scrutinize the personal lives of every law-abiding American. Allowing that to continue is a grave error that demonstrates a willful ignorance of human nature. Moreover, it demonstrates a complete disregard for the responsibilities entrusted to us by the Founding Fathers to maintain robust checks and balances on the power of any arm of the government. That obviously raises some very serious questions. What happens to our government, our civil liberties and our basic democracy if the surveillance state is allowed to grow unchecked? As we have seen in recent days, the intelligence leadership is determined to hold on to this authority. Merging the ability to conduct surveillance that reveals every aspect of a person’s life with the ability to conjure up the legal authority to execute that surveillance, and finally, removing any accountable judicial oversight, creates the opportunity for unprecedented influence over our system of government.

I analysed the causes of delay in delivering justice, which are: 1) an inadequate number of courts; 2) an inadequate number of judicial officers; 3) the judicial officers are not fully equipped to tackle cases involving specialized knowledge; 4) the dilatory tactics followed by the litigants and their lawyers who seek frequent adjournments and delays in filing documents; and 5) the role of the administrative staff of the court. Based on my analysis, I suggested encouraging dispute resolution through the human touch; reinforcing the Lok Adalats; creating a National Litigation Pendency Clearance Mission; ensuring alternative dispute redressal mechanisms such as arbitration; and providing fast-track courts. I also suggested several actions with particular reference to pendency in the high courts. These included the classification of cases on the basis of an age analysis, that is, identifying cases that are redundant because the subsequent generations are not interested in pursuing them. Primary among my recommendations was the e-judiciary initiative. As part of this, I recommended computerization of the active case files, taking into account the age analysis, which will surely reduce the number of cases that are still pending.

But the punishments! Imperial bureaucrats who accepted bribes were to have their hands cut off (Theodosian Code 1.16.7); ineffective guardians of girls who had been seduced were to have molten lead poured down their throats (Theodosian Code 9.24.1); tax collectors who treated women tax delinquents rudely were to “be done to death with exquisite tortures”; anyone who served as an informer was to be strangled and “the tongue of envy cut off from its roots and plucked out” (Theodosian Code 10.10.2); slaves who informed on their masters were to be crucified (Theodosian Code 9.5.1.1); How is one to account for such judicial cruelty from a Christian emperor? MacMullen suggests that by the fourth century Christianity was revealing an increasingly cruel streak. He notes in particular the heightened popularity of the Christian literature... in recounting in graphic detail the torments of hell for those who refuse to do God’s will. Possibly what applied to heaven applied to earth: If this is how God handles sin, then who are we to act differently? Religious beliefs may have made judicial punishment specially aggressive, harsh, and ruthless.

Even if we came to a nationally shared recognition that government policy has created an unconstitutional, de jure, system of residential segregation, it does not follow that litigation can remedy this situation. Although most African Americans have suffered under this de jure system, they cannot identify, with the specificity a court case requires, the particular point at which they were victimized. For example, many African American World War II veterans did not apply for government-guaranteed mortgages for suburban purchases because they knew that the Veterans Administration would reject them on account of their race, so applications were pointless. Those veterans then did not gain wealth from home equity appreciation as did white veterans, and their descendants could then not inherit that wealth as did white veterans' descendants. With less inherited wealth, African Americans today are generally less able than their white peers to afford to attend good colleges. If one of those African American descendants now learned that the reason his or her grandparents were forced to rent apartments in overcrowded urban areas was that the federal government unconstitutionally and unlawfully prohibited banks from lending to African Americans, the grandchild would not have the standing to file a lawsuit; nor would he or she be able to name a particular party from whom damages could be recovered. There is generally no judicial remedy for a policy that the Supreme Court wrongheadedly approved. But this does not mean that there is no constitutionally required remedy for such violations. It is up to the people, through our elected representatives, to enforce our Constitution by implementing the remedy.

Chasing tax cheats using normal procedures was not an option. It would take decades just to identify anything like the majority of them and centuries to prosecute them successfully; the more we caught, the more clogged up the judicial system would become. We needed a different approach. Once Danis was on board a couple of days later, together we thought of one: we would extract historical and real-time data from the banks on all transfers taking place within Greece as well as in and out of the country and commission software to compare the money flows associated with each tax file number with the tax returns of that same file number. The algorithm would be designed to flag up any instance where declared income seemed to be substantially lower than actual income. Having identified the most likely offenders in this way, we would make them an offer they could not refuse. The plan was to convene a press conference at which I would make it clear that anyone caught by the new system would be subject to 45 per cent tax, large penalties on 100 per cent of their undeclared income and criminal prosecution. But as our government sought to establish a new relationship of trust between state and citizenry, there would be an opportunity to make amends anonymously and at minimum cost. I would announce that for the next fortnight a new portal would be open on the ministry’s website on which anyone could register any previously undeclared income for the period 2000–14. Only 15 per cent of this sum would be required in tax arrears, payable via web banking or debit card. In return for payment, the taxpayer would receive an electronic receipt guaranteeing immunity from prosecution for previous non-disclosure.17 Alongside this I resolved to propose a simple deal to the finance minister of Switzerland, where so many of Greece’s tax cheats kept their untaxed money.18 In a rare example of the raw power of the European Union being used as a force for good, Switzerland had recently been forced to disclose all banking information pertaining to EU citizens by 2017. Naturally, the Swiss feared that large EU-domiciled depositors who did not want their bank balances to be reported to their country’s tax authorities might shift their money before the revelation deadline to some other jurisdiction, such as the Cayman Islands, Singapore or Panama. My proposals were thus very much in the Swiss finance minister’s interests: a 15 per cent tax rate was a relatively small price to pay for legalizing a stash and allowing it to remain in safe, conveniently located Switzerland. I would pass a law through Greece’s parliament that would allow for the taxation of money in Swiss bank accounts at this exceptionally low rate, and in return the Swiss finance minister would require all his country’s banks to send their Greek customers a friendly letter informing them that, unless they produced the electronic receipt and immunity certificate provided by my ministry’s web page, their bank account would be closed within weeks. To my great surprise and delight, my Swiss counterpart agreed to the proposal.19

The footage I have seen shows the civilians uncomfortably close to the paratroopers.  Stones or objects may have been thrown or Army officers feared would be thrown very soon.  The very presence of Nationalist minded marchers close to British Soldiers does not generate confidence in the security of those foot Soldiers and their arms for their officers.  The possibility of hand to hand fighting and guns being seized by nationalist civilians could not be ruled out.  As a result of Internment (introduced in August 1971) and its adverse impact on Catholics (imprisonment but not by proper and due Judicial process) there was a fierce resentment amongst Catholics in Londonderry to the British Crown and her armed forces and in particular her line Regiments who kept order on the streets.  You do not need a lot of imagination to realize with one injured civilian, there could be a direct attack on the ranks of 1 Para.  Why did this not happen?  On account of the prompt and firm actions of those 1 Para Junior and middle ranking officers to order firing by live rounds to disperse a highly volatile and dangerous situation.  They held the line until the unrest ceased and order was restored.  Without doubt those 1 Para Lieutenants and Captains and NCO’s were confronted with an uncertain and antagonistic group of civilians in one shape or another particularly after firing began.  Who are we to stand in Judgement over those Junior officers themselves acting under orders? The British Army in the 1970’s did not constitute a brutal and inhuman military unit.  There were strict rules to follow before opening fire with live rounds – I doubt they were breached on 30 January 1972 (Rules of Engagement) always difficult to interpret with the panicky running, shouting and extreme disquiet before the eyes and ears of 1 Para

Taking Zen's lessons seriously need not entail taking Zen's lore literally. After all, the texts of the Zen tradition were not written as academic history books. John Maraldo's judicious and insightful The Saga of Zen History and the Power of Legend makes a compelling case for treating the traditional chronicles and lore of Zen as I do in this book—namely, as soteriological or liberating "legends" rather than as literal accounts of "history" in the modern academic sense uncritically assumed by many modern scholars "who seek only the facts behind the texts and devious motives behind the facts.

We have had campaign-finance reform, and reform of the seniority system in Congress, and endless rounds of anticorruption measures in the federal government. Calls for “transparency” and “accountability” have meant more administrative and judicial supervision. In turn, power flows to impersonal institutions (agency review boards, courts, and so on) and away from elected leaders who can get things done—and who can be punished at the ballot box for delay and disappointment.

We still don’t have the full story on Benghazi, but thanks to the dogged efforts of Judicial Watch we know a lot more and are in a position to continue to crack open the Benghazi cover-up. Take the email that showed the military was prepared, indeed was in the process of launching timely assistance that could have made a difference, at least at the CIA annex where two Americans died. The Washington Examiner correctly noted that the email “casts doubt on previous testimony from high level officials, several of whom suggested there was never any kind of military unit that could have been in a position to mount a rescue mission during the hours-long attack on Benghazi.” All this goes to underscore the value of Judicial Watch’s independent watchdog activities and our leadership in forcing truth and accountability over the Benghazi scandal. The lies and inaction by President Obama, Hillary Clinton, and Susan Rice (who is now Obama’s national security adviser) were monstrous. Rather than tell the truth, and risk political blowback for the Libya mess and the lack of security, the Obama administration abandoned those under fire and pretended that the attack had nothing to do with terrorism. Judicial Watch saw through the lies and began what has become the most nationally significant investigation ever by a non-governmental entity. Our Benghazi FOIA requests and subsequent lawsuits changed history. Our disclosure of White House records confirming that top political operatives at the White House concocted the talking points used by Susan Rice to mislead the American people in order save Obama’s reelection prospects rocked Washington. These smoking-gun documents embarrassed all of Congress and forced Speaker John Boehner to appoint the House Select Committee on Benghazi. And, as you’ll see, the pressure from our Benghazi litigation led to the disclosure of the Clinton email scandal, the historical ramifications of which we are now witnessing. If the American people had known the truth—that Barack Obama, Hillary Clinton, and other top administration officials knew that the Benghazi attack was an al-Qaeda terrorist attack from the get-go—and yet lied and covered this fact up—Mitt Romney might very well be president. Our Benghazi disclosures also show connections between the collapse in Libya and the ISIS war—and confirm that the US knew remarkable details about the transfer of arms from Benghazi to Syrian jihadists.

Ever since Obamacare was signed into law in 2010 it has distorted American health care, raised insurance costs, and hurt the economy. It has also been implemented with shameless disregard for the law (having been unilaterally changed by President Obama without the permission of Congress at least twenty-eight times) and with almost no transparency. We at Judicial Watch started The National Obama Accountability Project to hold Barack Obama and his administration accountable to the American people for its compulsive secrecy and violations of the law. Since then, we have initiated more than 950 open record requests and filed more than 90 lawsuits to protect the people’s right to know about what the Obama administration is up to. Two areas we have focused on are the complete failure of the Obama administration to protect the privacy of your health records and its connivance with Congress to evade the consequences of the Obamacare law and allow its members and staff to receive subsidies under the law that aren’t available to millions of taxpayers. In

Despite the refusal of the Obama Justice Department to prosecute anyone at the IRS, it is clear that what happened was an epic clampdown on any conservative voices speaking or advocating against the president’s disastrous policies and in favor of patriotism and adherence to the Constitution and the rule of law. Over the course of twenty-seven months leading up to the 2012 election, not a single Tea Party–type organization received tax-exempt status. Many were unable to operate; others disbanded because donors refused to fund them without the IRS seal of approval; some organizations and their donors were audited without justification; and many incurred legal fees and costs fighting the unlawful conduct by Lerner and other IRS employees. The IRS suppressed the entire Tea Party movement just in time to help Obama win reelection. And everyone in the administration involved in this outrageous conduct got away with it without being punished or prosecuted. Was it simply a case of retribution against the perceived “enemies” of the administration? No, this was much bigger than political payback. It was a systematic and concerted effort to squash the Tea Party movement—one of the most organic and powerful political movements in recent memory—during an election season. [See Appendix for select IRS documents uncovered by Judicial Watch.] This was about campaign politics. It was a scandal for the ages. President Obama obviously wanted this done even if he gave no direct orders for it. In 2015, he told Jon Stewart on The Daily Show that “you don’t want all this money pouring through non-profits.” But there is no law preventing money from “pouring through non-profits” that they use to achieve their legal purposes and the objectives of their members. Who didn’t want this money pouring through nonprofits? Barack Obama. In the subsequent FOIA litigation filed by Judicial Watch, the IRS obstructed and lied to a federal judge and Judicial Watch in an effort to hide the truth about what Lois Lerner and other senior officials had done. The IRS, including its top political appointees like IRS Commissioner John Koskinen and General Counsel William J. Wilkins, have much to answer for over their contempt of court and of Congress. And the Department of Justice lawyers and officials enabling this cover-up in court need to be held accountable as well. If the Tea Party and other conservative groups had been fully active in the critical months leading up to the 2012 election, would Mitt Romney have been elected president? We will, of course, never know for certain. But we do know that President Obama’s Internal Revenue Service targeted right-leaning organizations applying for tax-exempt status and prevented them from entering the fray during that period. That is how you steal an election in plain sight. Accountability is not something we will get from the Obama administration. But Judicial Watch will continue its independent investigation and certainly any new presidential administration should take a fresh look at this IRS scandal.

Obamacare’s first years have been fraught with failure, but its future looks even more bleak. Big premium increases are coming this year and next for people who purchased health insurance on the Obamacare exchanges. Millions of others with coverage outside the exchanges lost their previous policies and now are facing double-digit premium hikes. Many Americans say the new policies they are forced to buy don’t meet their needs—with excessive benefit requirements and impossibly high deductibles. Congress is continuing to try to evade the law and exempt itself from key provisions, and your privacy is still at risk. We at Judicial Watch will continue to hold the government to account over this unfair and unworkable health care law and pressure the new president and Congress elected in 2016 to come clean and level with the American people on its deficiencies.

there is in this world a well-attested account, it is that of the vampires. Nothing is lacking: official reports, affidavits of well-known people, of surgeons, of priests, of magistrates; the judicial proof is most complete. And with all that, who is there who believes in vampires?—Rousseau

Political authority, the authority of the State, may arise in a number of possible ways: in Locke's phrase, for instance, a father may become the "politic monarch" of an extended family; or a judge may acquire kingly authority in addition, as in Herodotus' tale. Whatever its first origin, political authority tends to include all four pure types of authority. Medieval scholastic teachings of the divine right of kings display this full extent of political authority. Even in this context, however, calls for independence of the judicial power arose, as exemplified by the Magna Carta; in this way the fact was manifested that the judge's authority, rooted in Eternity, stands apart from the three temporal authorities, which more easily go together, of father, master, and leader. The medieval teaching of the full extent of political authority is complicated and undermined by the existence of an unresolved conflict, namely that arising between ecclesiastical and state power, between Pope and Emperor, on account of the failure to work out an adequate distinction between the political and the ecclesiastical realms. The teachings of absolutism by thinkers such as Bodin and Hobbes resolved this conflict through a unified teaching of sovereignty that removed independent theological authority from the political realm. In reaction to actual and potential abuses of absolutism, constitutional teachings arose (often resting on the working hypothesis of a "social contract") and developed—most famously in Montesquieu—a doctrine of "separation of powers." This new tradition focused its attention on dividing and balancing political power, with a view to restricting it from despotic or tyrannical excess. Kojève makes the astute and fascinating observation that in this development from absolutism to constitutionalism, the authority of the father silently drops out of the picture, without any detailed analysis or discussion; political authority comes to be discussed as a combination of the authority of judge, leader, and master, viewed as judicial power, legislative power, and executive power. In this connection, Kojève makes the conservative or traditionalist Hegelian suggestion that, with the authority of the father dropped from the political realm, the political authority, disconnected from its past, will have a tendency towards constant change.

That the authority of the Scriptures either as to itself or as to us does not depend upon the testimony of the church is proved: (1) because the church is built upon the Scripture (Eph. 2:20) and borrows all authority from it. Our opponents cannot deny this since, when we ask them about the church, they quickly fly to the Scriptures to prove it. Therefore the church cannot recommend the authority of Scripture either as to itself or as to us, unless we wish to make the cause depend upon the effect, the principle upon that which derived from it and the foundation upon the edifice. Nor ought the objection to be brought up here (that both may be true) that the church borrows its authority from the Scriptures, and the Scriptures in turn from the church (just as John bore testimony to Christ who also himself gave testimony to John). For it is one thing to give testimony to someone as a minister, as John testified concerning Christ, that through him (di’autou), not on account of him (di’auton), the Jews might believe (Jn. 1:7). It is quite a different thing to give authority to him as a lord which Christ did to John. (2) The authority of the church would be prior to that of the Scriptures and so would be the first thing to be believed (upon which our faith at first would depend and into which it would finally be resolved), which our opponents, who make the authority of the church depend upon Scripture, would not admit. (3) A manifest circle would be made since the authority of the church is proved from Scripture, and in turn the authority of the Scripture from the church. (4) Our opponents are not yet agreed as to what is meant by the church—whether the modern or the ancient, the collective or the representative, a particular or the universal; or what is the act testifying concerning the authority of Scripture (whether enacted by some judicial sentence or exercised by a continuous and successive tradition). (5) A fallible and human testimony (as that of the church) cannot form the foundation of divine faith. And if God now speaks through the church, does it therefore follow that she is infallible because there is one kind of inspiration which is special and extraordinary (such as made the apostles and prophets infallible [anamartētous], and of which Christ speaks properly when he says that the Holy Spirit would lead the apostles into all truth, Jn. 16:13*); another common and ordinary which does not make pastors inspired (theopneustous).

That the authority of the Scriptures either as to itself or as to us does not depend upon the testimony of the church is proved: (1) because the church is built upon the Scripture (Eph. 2:20) and borrows all authority from it. Our opponents cannot deny this since, when we ask them about the church, they quickly fly to the Scriptures to prove it. Therefore the church cannot recommend the authority of Scripture either as to itself or as to us, unless we wish to make the cause depend upon the effect, the principle upon that which derived from it and the foundation upon the edifice. Nor ought the objection to be brought up here (that both may be true) that the church borrows its authority from the Scriptures, and the Scriptures in turn from the church (just as John bore testimony to Christ who also himself gave testimony to John). For it is one thing to give testimony to someone as a minister, as John testified concerning Christ, that through him (di’autou), not on account of him (di’auton), the Jews might believe (Jn. 1:7). It is quite a different thing to give authority to him as a lord which Christ did to John. (2) The authority of the church would be prior to that of the Scriptures and so would be the first thing to be believed (upon which our faith at first would depend and into which it would finally be resolved), which our opponents, who make the authority of the church depend upon Scripture, would not admit. (3) A manifest circle would be made since the authority of the church is proved from Scripture, and in turn the authority of the Scripture from the church. (4) Our opponents are not yet agreed as to what is meant by the church—whether the modern or the ancient, the collective or the representative, a particular or the universal; or what is the act testifying concerning the authority of Scripture (whether enacted by some judicial sentence or exercised by a continuous and successive tradition). (5) A fallible and human testimony (as that of the church) cannot form the foundation of divine faith. And if God now speaks through the church, does it therefore follow that she is infallible because there is one kind of inspiration which is special and extraordinary (such as made the apostles and prophets infallible [anamartētous], and of which Christ speaks properly when he says that the Holy Spirit would lead the apostles into all truth, Jn. 16:13*); another common and ordinary which does not make pastors inspired (theopneustous).

The difficulty with the Irish model is that it arguably provides neither transparency nor accountability in judicial selection.

In his superb account of Senate impeachment powers in number 65, Hamilton visualized, with exceptional prescience, the problems that would occur when passions inflamed the country and partisanship split the Senate over an accused federal official. Since the impeached president or federal judge would remain liable to prosecution if removed from office, Hamilton showed the Constitution’s wisdom in having the chief justice alone preside over the trial instead of the entire Supreme Court. The Senate would benefit from the chief justice’s judicial knowledge while keeping the high court free for any future decisions related to the case. Acknowledging imperfections in the impeachment process, Hamilton stressed that the Constitution had produced the best compromise available: “If mankind were to resolve to agree in no institution of government until every part of it had been adjusted to the most exact standard of perfection, society would soon become a general scene of anarchy and the world a desert.

Amnesty's investigation into the judicial processes of the hundred or so governments that impose the death sentence (the United States and Turkey are the only NATO countries that continue to execute) has revealed that without exception, the penalty of death is disproportionately meted out to "the poor, the powerless, the marginalized or those whom repressive governments deem it expedient to eliminate. No government gets it right.

Will you dare, I ask, to condemn the unfairness inherent in the judicial system which metes out one brand of justice for the rich and one for the poor?

In this ideal of justice the apparent conflict between the theories of law and the practice of everyday life is accounted for. The Teutons had a strong inclination for peaceable settlement of disputes, but mediation stood outside trying to effect a reconciliation by mutual agreement without in the least prejudicing the right of frith. Later law reflects an original Teutonic sense of justice insofar as it works up two separate tendencies into one system. The lawyers of the transition age tried to make mediation an integral part of the judicial proceedings and thus tend towards a legal system built up on the weighing and valuation of the offence at the same time as they worked for the abolishing of the ancient right of private revenge. By this harmonising process, Teutonic jurisprudence was gradually led into correspondence with Roman law, but it was slow in abandoning the idea of absolute reparation as the paramount condition of right and justice.