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Continuing its recent spree of criminality in the alleged pursuit of law enforcement, the Bush Justice Department formally advised a British Court last week that it is fully entitled to kidnap foreigners (i.e., Britons) off the street around the world and carry them off to secret prisons. The claim was formerly thought to relate to terrorists. But no longer. Now the Bush Justice Department asserts the right to kidnap anyone it suspects of a crime. The Sunday Times (London) reports:
America has told Britain that it can “kidnap” British citizens if they are wanted for crimes in the United States. A senior lawyer for the American government has told the Court of Appeal in London that kidnapping foreign citizens is permissible under American law because the US Supreme Court has sanctioned it.
The admission will alarm the British business community after the case of the so-called NatWest Three, bankers who were extradited to America on fraud charges. More than a dozen other British executives, including senior managers at British Airways and BAE Systems, are under investigation by the US authorities and could face criminal charges in America.
A look a little deeper into the case at hand provides a good explanation:
The US government’s view emerged during a hearing involving Stanley Tollman, a former director of Chelsea football club and a friend of Baroness Thatcher, and his wife Beatrice. The Tollmans, who control the Red Carnation hotel group and are resident in London, are wanted in America for bank fraud and tax evasion. They have been fighting extradition through the British courts.
During a hearing last month Lord Justice Moses, one of the Court of Appeal judges, asked Alun Jones QC, representing the US government, about its treatment of Gavin, Tollman’s nephew. Gavin Tollman was the subject of an attempted abduction during a visit to Canada in 2005. Jones replied that it was acceptable under American law to kidnap people if they were wanted for offences in America. “The United States does have a view about procuring people to its own shores which is not shared,” he said.
He said that if a person was kidnapped by the US authorities in another country and was brought back to face charges in America, no US court could rule that the abduction was illegal and free him: “If you kidnap a person outside the United States and you bring him there, the court has no jurisdiction to refuse — it goes back to bounty hunting days in the 1860s.” Mr Justice Ouseley, a second judge, challenged Jones to be “honest about [his] position”. Jones replied: “That is United States law.”
Let’s be a bit fairer to the United States shall we? This is not U.S. law, it is a Bush Administration hallucination as to U.S. law. The sort of nightmare that comes flowing freely from the pen of John Yoo or David Addington. The sort of nightmare which refuses to recognize the sovereignty of foreign states or the solemn commitments of U.S. governments over the last two centuries in treaties and conventions. The sort of nightmare that refuses to recognize the “law of nations” referred to by the Founding Fathers and incorporated into the Constitution. Alas, it is the attitude of a criminal who imagines himself busy enforcing the law, even as he holds himself above the law.
It is the attitude which has brought our nation low in the world and threatens more damage still.
More from Scott Horton:
Conversation — March 30, 2016, 3:44 pm
Joseph Hickman discusses his new book, The Burn Pits, which tells the story of thousands of U.S. soldiers who, after returning from Iraq and Afghanistan, have developed rare cancers and respiratory diseases.
Freddie Gray’s relatives arrived for the trial in the afternoon, after the prep-school kids had left. By their dress, they seemed to have just gotten off work in the medical and clerical fields. The family did not appear at ease in the courtroom. They winced and dropped their heads as William Porter and his fellow officer Zachary Novak testified to opening the doors of their police van last April and finding Freddie paralyzed, unresponsive, with mucus pooling at his mouth and nose. Four women and one man mournfully listened as the officers described needing to get gloves before they could touch him.
The first of six Baltimore police officers to be brought before the court for their treatment of Freddie Gray, a black twenty-five-year-old whose death in their custody was the immediate cause of the city’s uprising last spring, William Porter is young, black, and on trial. Here in this courtroom, in this city, in this nation, race and the future seem so intertwined as to be the same thing.
Pairs of moose-dung earrings sold each year at Grizzly’s Gifts in Anchorage, Alaska:
An Alaskan brown bear was reported to have scratched its face with barnacled rocks, making it the first bear seen using tools since 1972, when a Svalbardian polar bear is alleged to have clubbed a seal in the head with a block of ice.
A former prison in Philadelphia that has served as a horror-movie set was being prepared as a detention center for protesters arrested at the upcoming Democratic National Convention, and presumptive Republican presidential nominee Donald Trump fired his campaign manager.
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“Matt was happy enough to sustain himself on the detritus of a world he saw as careening toward self-destruction, and equally happy to scam a government he despised. 'I’m glad everyone’s so wasteful,' he told me. 'It supports my lifestyle.'”