One reason I've been blogging even less than Dmitry Orlov now does is that I find the whole process a kind of bummer. There just isn't much new to say anymore. The economy is depressed, we continue to fight the same pointless wars, the repeal of the U.S. Constitution appears irreversible, and there are only so many ways you can write about all that before it simply becomes irritating. I watched Barack Obama hold one of his rare press conferences last Friday, and that confirmed me in my Weltmude. Obama doesn't seem that interested in what's going on either. I can see why his handlers have decided to keep him away from these press dog & pony shows. He's awful at the process of speaking "off the cuff," less interesting than Bush because with W you had the thrilling prospect of a strange new English word made up on the spot. Obama never says "strategery," for example. When Obama ventures into "explaining" unconstitutional practices, of course, some tension comes into the dialogue, because he doesn't make any sense. In making his case for military commissions, for example, he stated that the Justice Department "knows" some of the prisoners are guilty because they've "got the goods on them," but they're not sure they can get a conviction in an "Article III court," fancy talk for an ordinary federal court. So they'll try them in a "better" forum, where conviction is easier. It's probably just the force of old legal habit with me, but see, I thought the whole idea of due process was that you don't "know" anything until you prove it under the laws of evidence and the trier of fact agrees with you. And the rules of evidence don't permit confessions under torture, hearsay without foundation, secret informants and various other shortcuts used in military tribunals because the evidence is considered inherently unreliable. To use an old formulation, "it's not fair." Plus, since about 3/4ths of the detainees who have managed to challenge their incarceration through habeas corpus petitions are found, essentially, held without credible evidence, how certain are you, Mr. President, that you actually "know" any such thing?
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