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Yes, technically they could, but any suit under that law would be vulnerable to getting thrown out on summary judgement. Would you agree that it’s more accurate to say that Congress can’t fix the system by reverting to the old law?
Yes, technically they could, but any suit under that law would be vulnerable to getting thrown out on summary judgement. Would you agree that it’s more accurate to say that Congress can’t fix the system by reverting to the old law?
No, Congress cannot pass legislation on this matter. The ruling says that the Constitution itself grants the President immunity, so it would take a Constitutional amendment to change it.
Yes, exactly. “They were insurrectionists bent on overthrowing our government, and it was a tough, but necessary, decision to protect the nation, which is my duty as President.”
That claim isn’t even entirely untrue.
They won’t control the House after a few official acts.
If Biden did that the House might impeach him. I mean, the surviving members of the House probably wouldn’t, but they theoretically could.
Yes, but he gets so deep into character, he could turn American!
That’s an expansive definition that also describes what a journalist does, which is what upset defenders of civil liberties about the prosecution of Assange. The usual connotation of the word espionage, however, is that it is done by an organization, against adversaries, for its own benefit. Assange was explicitly seeking information from whistleblowers to release to the world. Like a journalist.
But to my point, the CIA explicitly engages in espionage as its mission. So would President Xi be justified in sending his police to the environs of Langley to drag CIA employees out of their beds and before a court to stand trial in Beijing? I say no, because they’re American citizens in the United States. Chinese law should not apply here in America.
Traditionally, courts need to have jurisdiction to hear a dispute, and it comes in multiple types: There’s subject-matter jurisdiction; a municipal traffic court has subject matter jurisdiction over traffic infractions. It can’t hear a murder case. Then, there’s personal jurisdiction, meaning it has power to compel an appearance by a defendant, and impose penalties or assess damages. Personal jurisdiction usually comes from citizenship, or physical presence. State and federal courts have wide-ranging personal jurisdiction, but even then they have to “reach out and touch someone” with service of a summons to effect it. (Trial in-absentia is not allowed in the U.S. unless the defendant waives the right to appear.) Tangentially, the admiralty law system developed because of a lack of a country’s courts’ personal jurisdiction over foreign nationals, and suing property (the basis of civil forfeiture) came about due to sailors simply returning to their home countries, out of legal reach.
Thus, the idea of prosecuting a foreign national outside of the U.S., for actions undertaken outside of the U.S., in places where U.S. law shouldn’t apply—essentially extending a U.S. court’s personal jurisdiction to the whole planet—is deeply troubling. Even if it’s just one category of crime, like espionage. If there’s one exception, then there’s no practical protection, since a country can define espionage in any way it wants to trigger the exception. Or not. It could just accuse somebody of espionage, evidence be damned. After all, that person would be hauled off to a foreign land before being able to mount a defense in court.
That is a tool of tyrants.
Sacha Baron Cohen.
The appeal of Trump’s rhetoric and populist message is entirely subconscious, and doesn’t stand up to even a few moments of critical analysis. Baron Cohen has a genius-level understanding of how to get into people’s heads, and what’s more, he can do it fluently, on-the-fly. His U.S. presidential candidate character would totally dismantle MAGA.
And you keep saying espionage, invoking a word as if it’s some special kind of crime exempt from the rule of law, and also immutable. China gets to define what espionage is under their laws. The U.S. did mangle it far beyond the common definition to pursue Assange.
Also, it’s not even the same corporation or factories behind them. It’s just a brand name at this point, and the product has nothing in common with the old, good one. For example, Maytag bought Amana, and then Whirlpool bought Maytag. (It’s enlightening to read the list of Whirlpool-owned brands.)
Travel to those countries? The precedent here is that China has the right to extradite me for supporting democracy in Hong Kong from here in the U.S., never once even leaving my house. Assange was not a U.S. citizen, and located outside of U.S. territory.
Of course, the U.S. won’t cooperate with the extradition request, but that’s just a matter of power relationships, not principles. The principle is that everybody in the world is subject to every country’s laws. Or, every person in the world is subject to the laws of the U.S., which fundamentally breaks the rule of law.
It’s scary how many people out there are okay with that.
So your decision is to feign helplessness. I can only point this out, but it is your life and your decision to make.
Do you understand? Do you own that decision as your personal choice? I ask because posts like this one indicate otherwise.
Yikes! This reply validates my concern 100%.
Other sovereign nations get to make their own laws and legal systems without our control. They can make bullshit laws if they want to, like conflating journalism with spying. Then they can charge journalists in another country with a crime and extradite them to face charges. But, spying or journalism or criticizing their king, the details didn’t really matter, they could charge anybody anybody, anywhere in the world with any crime they want. And since it’s another country, we have no assurances of due process there.
That’s scary shit.
Another harsh truth that I learned from existentialist writers, especially Albert Camus, is that we are cursed with freedom. How we choose to deal with what the world gives us is entirely up to us, and refusing to choose is also a choice. If we choose not to try to be somebody worth having as a partner, well, that is a choice.
I also understand depression, and that making that effort may not be possible. Then, healthy alternative is to affirmatively make the choice not to try, and to own it. Sometimes, people call this, “owning your shit .” Paradoxically, it helps a lot by putting you back in control of your own life, instead of feeling like the universe’s chew toy.
So, listen to me or not. It’s your choice.
Harsh truth: No, it’s not enough. You have to convince somebody that their life will be better with you in it. Loyalty and respect are requisites for a good romantic relationship, not the reasons to get into one.
Wat? Are you thinking of Snowden?
Worse, it validates the precedent that non-U.S.-citizens can be prosecuted for breaking U.S. law over things they did outside of the U.S.
Really happy that Assange gets to go home, since he’s suffered enough personally, but I really don’t like the precedent that I can be prosecuted in, say, Israel under Israeli law for things that I did in Wisconsin (e.g. boycotting).
Not quite. The Santa Clara decision gave corporations equal protection under the 14th Amendment, is law in the same sense that Citizens United is, and has been applied many, many times. The 2010 decision held that 1st Amendment protections apply to corporations.
They can’t take us back to the way things were on June 30th, 2024, to make this ruling like it didn’t happen. It doesn’t have the power. The best the that Congress can do is pass an unconstitutional law that may, at some future date, through a highly-fraught process in the courts, reverse it.