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David Tarrell

Published Letters: 45

Sunday, December 16, 2007 11:05 AM

Two summers ago...

... I attended Gerry Spence's Trial Lawyers College in DuBois, Wyoming. Spence was in the middle of representing Brandon Mayfield at the time and left the ranch for a period for hearings in this case, returning to tell us about Mayfield's children being frightened during the day when, after staying home sick from school, a child heard someone enter the house, gathering evidence such as DNA samples from the family's toothbrushes pursuant to a FISA warrant. Of course, the family didn't know it was the "authorities" and assumed that burglars were coming in or that they were targeted by hate groups because they were practicing Muslims. Spence later raised his hands before us to demonstrate his belief that both parties were like his arms, extending in seemingly separate directions but both powered by the same corporate heart.

Like other "good democrats" present, I was skeptical of this claim, assuming he was biased from going up against the Reno-led Justice Dept. during the Randy Weaver case. I no longer doubt his description, given recent events, a few isolated Democrats such as Dodd notwithstanding.

One day at lunch I said something that was perceived by the group, and even Spence, as pretty stupid. I voiced my opinion that our conversations, at least those on the phones, were being monitored. I based this on such things on the fact that Spence had gotten not guilty verdicts against the feds in the Marcos case, the Weaver case, and that he was currently involved in Mayfield's case which was potentially embarrassing to the FBI yet again. I also based my prediction on the things I heard from several of the attendees who were Muslims who described being followed by the police after 9/11 and having their cell phones "borrowed" for a few minutes while the contacts were likely copied. I also remembered reading about the activites in programs such as Cointel Pro in the 60's.

But more than anything, I was aware, from reading this blog and others, that (1)the Bush-led executive branch was on occasion willing to violate the law and the Constition he swore an oath to uphold, and that (2) there was much we still didn't know about the lengths such an administration would go to, and how complicit the "opposition" would be.

Still, when someone like Spence looks at you skeptically, like perhaps you've gone a little too far out on the limb, it's tempting to conclude that your imagination might be going too far. After all, we were all taught to think like lawyers, assuming that "no warrants shall issue" without "probably cause, supported by oath or affirmation." And, the thought went, what judge would issue a warrant that would interfere with attorney-client privileges or intrude on lawyers learning about techniques to win jury trials and keep executive excesses in check?

It's obvious now, however, that bets such as these are off, that the rule of law has become as quaint as the Geneva Conventions to these people, who can no longer be described as operating under the banner of one political party.

In short, I no longer doubt Spence's description of both parties as powered by the same corporate heart. I wonder if he still doubts my prediction that these new executives listen to whom they want when they want, unconstrained by warrant requirements, laws, or even the Constitution?

Thursday, January 10, 2008 02:10 PM

A little off topic but...

... something to keep in mind here is Operation Northwoods which was disclosed in an FOIA request and which James Bamford described in Body of Secrets as a plan to covertly engineer various pretexts that would justify a U.S. invasion of Cuba including staging the assassinations of Cubans living in the United States, developing a fake “Communist Cuban terror campaign in the Miami area, in other Florida cities and even in Washington,” including “sink[ing] a boatload of Cuban refugees (real or simulated),” faking a Cuban airforce attack on a civilian jetliner, and concocting a “Remember the Maine” incident by blowing up a U.S. ship in Cuban waters.

It's pretty chilling, but you can see a PDF of the documents at the link below.

http://www.gwu.edu/~nsarchiv/news/20010430/

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