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Archive for April 8th, 2011

Mr. Fenstermaker is a member of the pool of Qualified Civilian Defense Counsel, authorized to represent the detainees at Guantanamo Bay, Cuba before the Military Commissions being conducted at Guantanamo Bay. He has a secret security clearance and is available to represent clients involved in national security-related issues. Mr. Fenstermaker has experience litigating pursuant to the Uniform Code of Military Justice and is prepared to assist service members confronted with issues within the military criminal justice system. 

Who controls the representation of the defendent?

The Populist

Scott Fenstermaker has become the lightning rod for 9/11. He is the only defense lawyer mentioned in the upcoming trials of Khalid Sheikh Mohammed and his four co-conspirators. Although he won’t be defending them in court, he’s been pilloried by the press for daring to suggest that these detainees have any legal rights.

I called him this weekend, and asked him why.

Scott Fenstermaker has represented Ali Abd al-Aziz Ali in various legal proceedings at Guantanamo Bay. Mr. Ali stands accused of conspiracy, murder, destruction of property, hijacking, and terrorism for his part in the September 11th attacks. I could not understand why Mr. Fenstermaker would not defend his client in court, so I began the interview by asking him to clarify this:

TP: Why won’t you represent Ali Abd al-Aziz Ali when he stands trial in New York for the September 11th attacks?

SF: The government would not let me represent him.

TP: Why not?

SF: Well, that’s a good question. The government goes crazy every time the detainees want me to represent them, and the government doesn’t like it.

TP: How does the government prevent you from representing the detainees?

SF: The government wants to control who represents the detainees. The government not only wants to, but it is. The government does this by controlling the judges. The judges are doing exactly what the government wants them to do in these cases. The judges ask what the government wants them to do, and then they do it.

Read article @ The Populist

Section 1032 & 1033 of HR 6523

Statement by the President on H.R. 6523

For Immediate Release January 07, 2011 Statement by the President on H.R. 6523
Today I have signed into law H.R. 6523, the “Ike Skelton National Defense Authorization Act for Fiscal Year 2011.” The Act authorizes funding for the defense of the United States and its interests abroad, for military construction, and for national security-related energy programs.

Section 1032 bars the use of funds authorized to be appropriated by this Act for fiscal year 2011 to transfer Guantanamo detainees into the United States, and section 1033 bars the use of certain funds to transfer detainees to the custody or effective control of foreign countries unless specified conditions are met. Section 1032 represents a dangerous and unprecedented challenge to critical executive branch authority to determine when and where to prosecute Guantanamo detainees, based on the facts and the circumstances of each case and our national security interests. The prosecution of terrorists in Federal court is a powerful tool in our efforts to protect the Nation and must be among the options available to us. Any attempt to deprive the executive branch of that tool undermines our Nation’s counterterrorism efforts and has the potential to harm our national security.

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Reid says GOP threatening shutdown over family planning funding, Boehner avoids talking specifics

by Jed Lewison for Daily Kos

Fri Apr 08, 2011 at 11:32 AM EDT

In separate statements late this morning, both Harry Reid and John Boehner agreed that we are very close to an agreement to prevent a federal shutdown, but said an agreement had not yet been reached.

Reid said both sides had agreed on the numbers, but that Republicans continued to insist on banning funds for family planning and Planned Parenthood.

Boehner’s brief statement offered no specifics on the state of negotiations other than to say that he believed we were on the cusp of a deal. He offered platitudes about cutting spending, and urged the Senate to pass the House’s so-called “troop funding bill.” Boehner’s statement, which amounted to no more than three or four sentences, seemed to be focused more on keeping up the appearance of brinksmanship and maintaining support from his caucus than on actually addressing whatever issues remain outstanding.

For his part, Reid said he was “appalled” and “personally offended” that Republicans continued to insist on the Planned Parenthood funding ban. “Men and women should be outraged,” Reid said. “Republicans only have a few hours left to look in the mirror and realize how shameful it wold be” to block a deal over family planning and women’s health services funding. “The tea party is trying to move its extreme social agenda, issues that have nothing to do with funding the government. They are willing to throw women under the bus, even if it means shutting down the government.”

Reid said tea party opponents of Planned Parenthood and family planning funding had a right to debate their views, but that holding the government hostage was unacceptable.

Assuming that a deal is reached today (and I bet there will be one), what will probably happen is that the Senate will take up the so-called “troop-funding” bill that House Republicans passed yesterday, and substitute a “clean” CR to keep government open for a few more days while the details of the deal are written into legislative language. Democrats have already put the House bill into the Senate calendar, making it clear they are contemplating this course of action. If the Senate passed the a clean CR, it would head back to the House, which could pass it later today.

MORE HERE

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Glenn Beck Leaving Fox: Why It’s Really Happening (CHART)

The Huffington Post Carol Hartsell  First Posted: 04/ 7/11 01:04 PM ET Updated: 04/ 7/11 02:04 PM ET

When it was announced yesterday that we will no longer be seeing Glenn Beck’s face on Fox News night after night, a lot of people were left asking, “Why?”*

It’s common knowledge that Glenn Beck’s show was facing a major advertiser problem, but as we’ve said many times, there’s never one reason things go awry in this world. That’s why God** invented pie charts. Below we’ve broken down the different reasons Beck was forced to step down, so that you may have a fuller understanding of why your life has been inexorably changed***.

WHY GLENN BECK IS LEAVING FOX NEWS


*No one actually asked this

**Actually, pie charts evolved from graphs

***For the better

SOURCE

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