Thursday, December 28, 2006

A Dirty Game

by Stuart Taylor Jr. and KC Johnson - December 27th, 2006 - Opinion Journal (The Wall Street Journal)

The Duke "rape" case unravels.

How can we be confident that the charges are false? Let us count the ways: The police who interviewed the accuser after she left the March 13-14 lacrosse team party where she and another woman had performed as strippers found her rape charge incredible, and for good reason. She said nothing about rape to three cops and two others during the first 90 minutes after the party. Only when being involuntarily confined in a mental health facility did she mention rape. This predictably got her released to the Duke emergency room for a rape workup, whereupon she recanted the rape charge.

Then she re-recanted, offering a ludicrous parade of wildly implausible and mutually contradictory stories of being gang-raped by 20, five, four, three or two lacrosse players, with the other stripper assisting the rapists in some versions. After settling on three rapists, the accuser gave police vague descriptions and could not identify as a rapist any of the 36 lacrosse players whose photos she viewed on March 16 and 21. These included two eventual defendants: Dave Evans, whom she did not recognize at all, and Reade Seligmann, whom she was "70%" sure she had seen at the party, but not as a rapist.

With this background, you might wonder exactly what would have persuaded the DA to charge anyone in this case? The reason is simple. This is typical of the extortion and blackmail practiced in our American courts. The DA needed a charge, and so he simply went forward and charged the 3 students. DAs do this all the time. No one in our system of "injustice" cares a whit for the defendents. Rarely does a defendent get "justice". It is all a corrupt game and everyone in the system knows it. If anything happens to correct this injustice in this particular case, that will be the astonishing anomaly.

Update to article: December 31st, 2006
This is a link to an article covering the NC Bar complaint against DA Nifong -

This is a link to an article covering the North Carolina District Attorneys who want Nifong removed from the case -

It appears even the U.S. court system cannot allow itself to be made to look this stupid without doing something to cover up how their system really works.

Wednesday, December 20, 2006

FEMA To Restart Katrina Housing Program

by Matt Apuzzo - Decmber 18th, 2006 - Yahoo News (Associated Press)

U.S. District Judge Richard Leon ruled last month that the Federal Emergency Management Agency violated the Constitution when it eliminated short-term housing assistance and provided victims only confusing computer-generated codes to explain its decision.

The Constitution of the United States appears to have even more really really small fine print if this ruling is to be believed. One of the unelected tyrants of our federal courts found rights to government handouts defined as not being terminable unless the correct words are used in the letter in which they are terminated. This is not an issue of whether they deserve the money under the law, but whether they were told by the right words. And the judge did not decide this on technical grounds but instead found that it was a "constitutional" right, so he could order the goverment to fix the problem.

This is one more example of the trampling of democracy by our courts. At earlier times in our system it was assumed that egregious abuse of power would be rectified by the elective process. Our government officials are managed by elected officials and it used to be considered probable that they would respond to the people. However this judge (unelected and unaccountable) has decided that he alone can trump the democratic process and by the power of "the rule of judges", tell government how it must operate. He can over rule any decision of other officials and call it a Constitutional right.

Thursday, December 14, 2006

Supreme Farce: Part II

by Thomas Sowell - December 14th, 2006 -

In a recent interview, Justice Stephen Breyer claimed that laws are "not clear," so that judges are forced to base their decisions on the "values" they see behind the laws, rather than the specific words in those laws.

"Not clear" is an old ploy and "values" are a blank check.

This is the problem with our courts. We no longer have the "rule of law". We have the "rule of judges". Down this road there is but a single result. Tyranny and totalitarian rule by the arrogant.

The question America must ask is whether anyone has the will to stop it. The recent elections put the brakes on one of the few issues on which George Bush has performed fairly well. I still do not trust his MBA style of management of our nation, but he set up a process of selecting judges who at least are willing to fight against the activism of the left with activism of the right. That is now ended.

What scares me is whether this does not open the floodgates to more activism, and more open activism, by all judges. However the one thing we can tell is that conservative judges will have a tough time getting appointed after the recent elections. That means we are back to liberal "values" as the basis for court decisions.

And that permits judicial power to trump democracy. Welcome to the "rule of judges".

Wednesday, December 13, 2006

Supreme Farce

by Thomas Sowell - December 12th, 2006 -

Those of us old enough to remember the landmark 1954 Supreme Court decision in Brown v. Board of Education will see a painful irony now, since that case began because a black girl was not allowed to go to a school near where she lived but was instead assigned to a different school far away, because of the prevailing racial dogmas of that day.

The racial dogmas have changed since 1954 but they are still dogmas. And flesh-and-blood children are still being sacrificed on the altar to those dogmas.

Thomas Sowell is still the most articulate intellectual in America. This article is the best one yet on the idiocy currently before the court. Liberal newspapers all over America are going beserk over the possibility that "diversity" is about to be challenged.

This hysteria is typical of the current situation in Bertie County North Carolina, where a school system that is overwhelmingly black is being harrassed by the justice department for not assigning children properly to achieve "diversity" in the classrrom. What is the problem? Well one grade in one school is composed of around 75 children in 3 classes, but only 5 white children. These white children were assigned as 2 in one class and 3 in another. That left one class with no white children.

Racism shouts the justice department. There is 1 totally black class and that is racism. Take one of these white children and put "it" in that class so no class is totally black. I call the child "it" since it is so obvious that the justice department does not see the child as human, but only a statistic. The child is an "it" to our modern government tyrants.

This situation is being used to allow the justice department to hold open the ongoing descrimination case against Bertie County by the federal government. Just last year this county was forced to close two majortiy black schools because the justice department insisted that they discriminated against blacks by not having "enough" integration. As noted, both schools were already majority black, but now the children are being bussed to other schools so that the percentage of blacks meets department of justice wishes. Let me say again, both schools were majority black.

Insanity. Welcome to the "rule of judges".