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SCOTUS decaptitates all courts to allow torture of innocent people (but not jewish terrorists)
Thursday, July 23, 2009 6:25 AM
PIRATENEWS
John Lee, conspiracy therapist at Hollywood award-winner History Channel-mocked SNL-spoofed PirateNew.org wooHOO!!!!!!
Quote: The New York Times is providing important coverage of the U.S. Supreme Court's May 18, 2009 decision in the case known as Ashcroft v. Iqbal: Quote:The lower courts have certainly understood the significance of the decision, Ashcroft v. Iqbal, which makes it much easier for judges to dismiss civil lawsuits right after they are filed. They have cited it more than 500 times in just the last two months. “Iqbal is the most significant Supreme Court decision in a decade for day-to-day litigation in the federal courts,” said Thomas C. Goldstein, an appellate lawyer with Akin Gump Strauss Hauer & Feld in Washington. Why is Iqbal such an important case? As the Times notes: Quote:For more than half a century, it has been clear that all a plaintiff had to do to start a lawsuit was to file what the rules call “a short and plain statement of the claim” in a document called a complaint. Having filed such a bare-bones complaint, plaintiffs were entitled to force defendants to open their files and submit to questioning under oath. This approach, particularly when coupled with the American requirement that each side pay its own lawyers no matter who wins, gave plaintiffs settlement leverage. Just by filing a lawsuit, a plaintiff could subject a defendant to great cost and inconvenience in the pre-trial fact-finding process called discovery... Information about wrongdoing is often secret. Plaintiffs claiming they were the victims of employment discrimination, a defective product, an antitrust conspiracy or a policy of harsh treatment in detention may not know exactly who harmed them and how before filing suit. But plaintiffs can learn valuable information during discovery. The Iqbal decision now requires plaintiffs to come forward with concrete facts at the outset, and it instructs lower court judges to dismiss lawsuits that strike them as implausible. “Determining whether a complaint states a plausible claim for relief,” Justice Anthony M. Kennedy wrote for the five-justice majority, “requires the reviewing court to draw on its judicial experience and common sense.” Note those words: Plausible. Common sense. So what is the real world effect of the Supreme Court's decision? The Times provides some hints: Quote:“It obviously licenses highly subjective judgments,” said Stephen B. Burbank, an authority on civil procedure at the University of Pennsylvania Law School. “This is a blank check for federal judges to get rid of cases they disfavor.” Courts applying Iqbal have been busy. A federal judge in Connecticut dismissed a disability discrimination suit this month, saying that Iqbal required her to treat the plaintiff’s assertions as implausible. A few days later, the federal appeals court in New York dismissed a breach of contract and securities fraud suit after concluding that its account of the defendants’ asserted wrongdoing was too speculative. Indeed, the Plaintiff in Iqbal himself, was a Pakistani Muslim working and living in Long Island, who claims he was arrested 2 months after 9/11 and then beaten and tortured. But the court didn't want to hear about it: Quote:Justice Kennedy said Mr. Iqbal’s suit against two officials had not cleared the plausibility bar. All Mr. Iqbal’s complaint plausibly suggested, Justice Kennedy wrote, “is that the nation’s top law enforcement officers, in the aftermath of a devastating terrorist attack, sought to keep suspected terrorists in the most secure conditions available.” In other words, the Court found the allegation that an innocent person was tortured as "implausible". It has become apparent to everyone, however, that many innocent people were tortured. The Iqbal decision is - literally - an assault by the Supreme Court on the American system of justice. For it prevents plaintiffs from having their day in court if either: The judge doesn't want to hear the case; or The defendant has hidden the evidence of wrongdoing, so that the plaintiff cannot provide the details of defendant's wrongdoing without the use of the formal discovery process which only starts once litigation has commenced. People may ask "the Supreme Court interprets and enforces the American justice system, so how can it gut that system? Well, Congress members and the President are supposed to represent the interests of the American people. Have they always done so? Judges - like people in the White House and Congress - are human beings with political and personal viewpoints. Some stick to the case precedent while others - no matter how high and mighty - abandon it for political or personal reasons. That is the dirty little secret that those who work inside the justice system know. In rendering the Iqbal decision, the Supreme Court abandoned some of the fundamental principals of justice, leaving a system which only pays lip service to that word. Several Supreme Court justices dissented with the majority's opinion in Iqbal. As Raw Story writes: Quote:Departing Justice David H. Souter sided with the minority in this case, expressing dismay in his dissent and suggesting the decision could “upend,” said the Times, the federal civil litigation system. He argued that complaints should be accepted “no matter how skeptical the court may be,” so long as the accusations are not “sufficiently fantastic to defy reality as we know it.” “[Claims] about little green men, or the plaintiff’s recent trip to Pluto, or experiences in time travel,” he said, should be the bar for disqualification. Justice Ruth Bader Ginsburg agreed, suggesting the court had “messed up the federal rules” for civil suits. www.washingtonsblog.com/2009/07/supreme-court-decision-is-assault-on.html ASHCROFT, FORMER ATTORNEY GENERAL, ET AL. v. IQBAL ET AL., Decided May 18, 2009 www.supremecourtus.gov/opinions/08pdf/07-1015.pdf www.google.com/search?hl=en&q=Ashcroft+v.+Iqbal&aq=f&oq=&aqi=g1
Quote:The lower courts have certainly understood the significance of the decision, Ashcroft v. Iqbal, which makes it much easier for judges to dismiss civil lawsuits right after they are filed. They have cited it more than 500 times in just the last two months. “Iqbal is the most significant Supreme Court decision in a decade for day-to-day litigation in the federal courts,” said Thomas C. Goldstein, an appellate lawyer with Akin Gump Strauss Hauer & Feld in Washington.
Quote:For more than half a century, it has been clear that all a plaintiff had to do to start a lawsuit was to file what the rules call “a short and plain statement of the claim” in a document called a complaint. Having filed such a bare-bones complaint, plaintiffs were entitled to force defendants to open their files and submit to questioning under oath. This approach, particularly when coupled with the American requirement that each side pay its own lawyers no matter who wins, gave plaintiffs settlement leverage. Just by filing a lawsuit, a plaintiff could subject a defendant to great cost and inconvenience in the pre-trial fact-finding process called discovery... Information about wrongdoing is often secret. Plaintiffs claiming they were the victims of employment discrimination, a defective product, an antitrust conspiracy or a policy of harsh treatment in detention may not know exactly who harmed them and how before filing suit. But plaintiffs can learn valuable information during discovery. The Iqbal decision now requires plaintiffs to come forward with concrete facts at the outset, and it instructs lower court judges to dismiss lawsuits that strike them as implausible.
Quote:“It obviously licenses highly subjective judgments,” said Stephen B. Burbank, an authority on civil procedure at the University of Pennsylvania Law School. “This is a blank check for federal judges to get rid of cases they disfavor.” Courts applying Iqbal have been busy. A federal judge in Connecticut dismissed a disability discrimination suit this month, saying that Iqbal required her to treat the plaintiff’s assertions as implausible. A few days later, the federal appeals court in New York dismissed a breach of contract and securities fraud suit after concluding that its account of the defendants’ asserted wrongdoing was too speculative.
Quote:Justice Kennedy said Mr. Iqbal’s suit against two officials had not cleared the plausibility bar. All Mr. Iqbal’s complaint plausibly suggested, Justice Kennedy wrote, “is that the nation’s top law enforcement officers, in the aftermath of a devastating terrorist attack, sought to keep suspected terrorists in the most secure conditions available.”
Quote:Departing Justice David H. Souter sided with the minority in this case, expressing dismay in his dissent and suggesting the decision could “upend,” said the Times, the federal civil litigation system. He argued that complaints should be accepted “no matter how skeptical the court may be,” so long as the accusations are not “sufficiently fantastic to defy reality as we know it.” “[Claims] about little green men, or the plaintiff’s recent trip to Pluto, or experiences in time travel,” he said, should be the bar for disqualification.
Quote:"The FBI has issued a BOLO on suspected terrorists driving a white delivery van from New York City to the Mexican border. The suspects are using Israeli passports. They are armed and dangerous." -Knox County Emergency 911 Dispatch, BOLO Be On the Lookout, Knoxville, Tennessee, September 11, 2001, 11am EST http://www.commondreams.org/headlines02/0622-05.htm http://whatreallyhappened.com/WRHARTICLES/fiveisraelis.html http://www.infowars.net/articles/april2007/230407vans.htm whatreallyhappened.com/IMAGES/record_9-11.jpg [very large] youtube.com/watch?v=WRWQxlnZQj4 "'We are benefiting from one thing, and that is the attack on the Twin Towers and Pentagon, and the American struggle in Iraq,' Ma'ariv quoted the former prime minister as saying. He reportedly added that these events 'swung American public opinion in our favor.'" -Israeli prime minister Benjamin Netanyahu, Haaretz, Netanyahu says 9/11 terror attacks good for Israel, 16 April 2008 http://www.haaretz.com/hasen/spages/975574.html American al Qaeda member Adam Gadahn Perlman acknowledges Jewish ancestry http://www.cnn.com/2009/WORLD/meast/06/13/american.qaeda.message/index.html FBI will pay you $1-million to arrest American Jewish ADL AllCIAduh spokesman Adam Gadahn Perlman "The FBI added Adam Gadahn to the Most Wanted Terrorist list and the U.S. State Department is offering a reward up to $1 million for his arrest. A 28-year-old California man has been indicted on federal charges of treason and providing material support to a terrorist group for making a series of propaganda videotapes for al Qaeda, including one in which he praised the hijackers involved in the 9/11 attacks. 'Adam Gadahn represents a new breed of home-grown extremist, who has chosen to betray the country of his birth,' FBI Executive Assistant Director Willie Hulon said during a press conference Wednesday in Washington, D.C." -FBI Most Wanted http://www.fbi.gov/page2/oct2006/gadahn101106.htm "In Sept of last year, Adam Gadahn [aka Adam Perlman], the son of Jewish parents, the son of Jewish grandparents [who are on the board of directors of Jewish ADL] in Southern California, who himself converted to Islam, went on to become Osama Bin Laden's spokesman." -Congresswoman Jane Harman (D-CA), jewish chairman Homeland Security Subcommittee on Intelligence, Information Sharing, and Terrorism Risk Assessment CSPAN, Use of the Internet by Terrorists: Using the Web as a Weapon for 9/11 Truth, November 6, 2007 http://www.piratenews.org/flight93.html Jew Rep Jane Harman Caught on NSA Tape Agreeing to Lobby for Israel Spies = TREASON www.alternet.org/blogs/rights/137494/bombshell%3A_rep._jane_harman_caught_on_tape_agreeing_to_lobby_for_alleged_aipac_israel_spies/ www.republicbroadcasting.org/?p=1364 youtube.com/watch?v=JWpWc_suPWo "By way of deception, we shall wage war." -Mossad motto Israel attacked USS Liberty to blame Arabs: www.gtr5.com Kosher OPERATION NORTHWOODS - the signed confession by US Govt for perping terrorist attacks in USA http://www.gwu.edu/~nsarchiv/news/20010430/doc1.pdf http://abcnews.go.com/US/story?id=92662&page=1 Semite: A member of any of a number of peoples of ancient southwestern Asia including ARABS. -Merriam Webster Dictionary "A 'Semite' is any person living in that area, including Arabs and Christians. It's time we start talking about 'The Other AntiSemitism'. A Semite is not a Jew living in America or Europe." -Ralph Nader (Arab from Lebannon), C-SPAN, 2003
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