Jump to navigation
Right-Wing Judge Dismisses Suit by Spy Exposed by Bush Administration
U.S. District Judge John D. Bates
, appointed to the federal bench in 2001 by President George W. Bush, has dismissed a lawsuit filed by outed non-official cover operative Valerie Plame against Bush Administration officials. In his 41-page opinion
, Bates held that White House officials were acting within the scope of their duties in talking with the press about Plame and her husband, former Ambassador Joseph Wilson, who had exposed lies the Administration was using to justify the necessity for a pre-emptive war against Iraq.
The highly controversial judge has been a favorite of powerful Right-wing judges. Former U.S. Supreme Court Chief Justice William Rehnquist appointed him to serve on the U.S. Judicial Conference Committee on Court Administration and Case Management, and current U.S. Supreme Court Chief Justice John Roberts last year appointed him as a judge on the Foreign Intelligence Surveillance Court.
Judge Bates has demonstrated extraordinary willingness to allow the Bush Administration to act in secrecy and without repercussions. Among his previous controversial decisions, Bates ruled
that Congress had no standing to sue Vice President Richard V. Cheney in the matter of Cheney's refusal to turn over the names of participants in a White House energy task force. For that and other decisions, Judge Bates has been strongly criticized for his transparent use of non-standard interpretation of the purpose and application of procedural law concerning standing of plaintiffs to advance a 'separation of powers' rationale for throwing out cases filed against the Bush Administration. In dismissing the lawsuit filed by Plame, he has once again used technical grounds to shield the White House and its personnel from facing consequences for their actions. The arc of these decisions is constructing a significant basis in common law for the so-called "unitary executive" doctrine by which a President of the United States is freed from oversight and punishment by Congress and the judiciary so that he or she may have wide, extra-legal latitude in decision-making and actions.
Judge Bates is listed
as being on the "Judicial Faculty" of Pepperdine University, whose president is former Independent Counsel Kenneth Starr, best known for spending tens of millions of dollars of public money at the behest of congressional Republicans trying to find grounds to impeach then-President Bill Clinton. Starr was ultimately able to get an indictment against Clinton because the President had lied to a grand jury about being fellated by an intern. Rendering further evidence of his deep connections to Right-wing legal activism in the United States, Judge Bates served as Deputy Independent Counsel during the Whitewater investigation, another attempt in the 1990s by Republicans to damage or prematurely end the Clinton Presidency.
With the growing body of his decisions from the bench to protect Bush Administration officials from civil punishment for wrong-doing that harmed the national security of the country, and after having previously made his mark on the legal landscape aiding fellow Republicans trying to wreck a Democratic President of the United States, Judge John Bates has now clearly found a President and White House staff worthy of being held above the law.
Update, July 20, 2007, 9:40 EDT:
Attorneys for Valerie Plame and Joseph Wilson have stated
that they will appeal the dismissal of the case by Judge Bates.
"John Bates"? I wonder if that's his real name..."just a minute, mother. I'm commenting on a blog"... maybe he changed his name after he was appointe..."ok, mother, I got the check in list. The shower is clean and ready."...
Anyway, before I was interupted, I'm sure it was a coincidence that he felt this way.."mother, it's ok. I replaced the towels."...gotta go.
Mother gets so upset of some things!
An article at Signs-of-the-Times entitled Mind Control and HAARP might prove interesting to readers.
Feeling apathetic and confused? It might due to "chemtrails". It might due to cell phones. And it might be due to cell phone towers.
Or maybe all three.
Good evening, Dark Wraith.
After reading your article, all I can say is: Well, hell! I'm disgusted. No wonder he's a favorite of powerful Right-wing judges. I'm sure he knows who butters his bread!
I am tired,and sad.Its getting to end game time now.Ithink that bush/cheny will take us over the edge.With the new "decree"that any who are "percived to threaten Iraqi stabilization"will have their assest stripped,Inow see us headed over the cliff.Forget the elections.There wont be any. Bush has told the justice dept to ignor congress,and will,at the stoke of a pen,destroy the concept of a free and just state.They have the court,they have the executive,and pelosi/reid dosnt have a set of balls between them.Unless something comes out of the blue,Ifear for all free souls in this country.All we have written,and done,on the net is history,to be read as any prosecuter by a kangaroo court wants.
The only hope I have is to know the sheer bumbleling stupid arrogance exibited by this filthy spawn of the "haves and the have mores",is the most deadly poison than can be found. He ,and his mentor cheny,have destroyed the only hope for the very survival of his class,during the comeing "bottleneck" in our population.They belive that by seizeing control,they can ensure the weathy,and priviliged,remain that when the worm turns,and its known we are at peak of world oil production.Do they really think that their dogs in blackwater,and other mercinary"security"forces wont turn on them?When it gets right down to who is the toughest preditor,at some point,they will decide whos boss,and who has his pick of their women,and who dies first...
I weep for my country.They are stealing my country
There aren't enough police in the U.S. to enforce things if the population gets pissed and just ignores Bush's directives.
There aren't enough National Guard either and the military would be really thinned.
Of course the real problem is there wouldn't be enough balls to go around for the general population to resist. But when they're marched off to Hall-camps, they can commiserate.
Where's Col. Hogan when you need him?
So my question is this, "if there was a "liberal" judge pulling crap like this-what would happen to him?"
Think about it.
And hey, what about that left-wing gatekeeper site the Daily Kos threatening Cindy Sheehan not to challenge Pelosi? Threatening her not to challenge the LW power structure..." We need a new anti-gatekeeper site to challenge this crap. Whaddya say DW and DW readers - want to start one?
Good morning, rcg.
Let me think about it.
Although I would really prefer that Sheehan not be in the House of Representatives (given the fact that single-issue candidates generally lack the broad, deep background in law and parliamentary procedure to have any say at all once they get elected), at this point Ms. Pelosi has amply demonstrated that she needs something--hell, anything--to get her off her narrow ass, thinking as she clearly does, now, that she's one of the good ol' boys.
She isn't. The good ol' boys don't wear pumps.
Not until they've left the Senate chambers, anyway, and they're with their friends at a local hotel.
The Dark Wraith has to think about whether it's worth losing a senior Democrat in the House just to have the pleasure of seeing the look on other lazy Democrats' faces when they find out who's their daddy.
I do wish the Democrats would realize that acting all "Roberts Rules of Orderish" with the current crowd on "Our Boss is on the White Horse, Sig Heil!" vapours is not going to work. The Neo-cons are all sorts of high on control and power and the ability of their pet judges to insulate them from consequences. They lie, they steal, they kill....it is enough to make an old skeptic wish there was a hell. Or, at the very least, some kick-ass karma. But wait, I am not that patient----I want to SEE them get their comeuppance. Wake UP America...and act like citizens, not Wallmart employees!
Although I would really prefer that Sheehan not be in the House of Representatives (given the fact that single-issue candidates generally lack the broad, deep background in law and parliamentary procedure to have any say at all once they get elected)
Really? Which of the recent influential legistlative leaders really have a "broad deep background in loaw and parliamentary procedure", besides, say Sen. Robert Byrd? All that's really needed, and that the Pelosians seem to lack, is the will, courage, and native intelligence to bring about a change. If needed, parliamentary and legal advisors can be hired as members of a Congressional staff.
Good evening, heatkernel, and welcome.
The Republicans are masters of parliamentary procedure; they have used it on several occasions in the past two weeks alone to stymie Democrats, who have recently been ignoring their own members who are, themselves, brilliant at it.
In the absence of excellent parliamentary skills, the only thing a member of congress has going for him or her is seniority, which puts that person in a position of strength relative to others of the same party.
Russ Feingold found out the hard way that his lack of seniority simply kept him out of the debate on Iraq, despite his altogether reasonable ideas. As fate would have it, now that the senior leadership of the Democratic majority in the Senate has finally started to see the light--lo and behold!--there is the exact wording that the junior Senator was offering months and months ago, now showing up in official language of bills. For his part, Feingold is taking it all in stride; but he has every right to be frustrated by what is a combination of the hazing ritual of his own party combined with its fickle lack of clarity in vision or party discipline.
An example of a success story with a cautionary tale embedded therein is Representative Carolyn McCarthy of New York, whose husband was murdered in the early 1990s. She ran for Congress essentially as a single-issue candidate, and she won. What she found when she went to Capitol Hill was that being a legislator was most decidedly not all about her single issue; it was for a long time about learning, and learning her place. Fortunately for her, New York, and the country, she learned well, and she was able, in small ways at first, to move her personal agenda forward while also becoming an able Representative.
She did not, however, ascend to power quickly; and I'm not altogether certain that many of her kind could have done what she did, even in the time frame in which she began to have a significant (if not well known) influence.
On a more personal level--and, here, I am speaking to sentiments based upon both information and belief--I honestly don't see Ms. Sheehan moving into the public eye for the same reasons or to the same effect as Ms. McCarthy did. I know many people whose opinions I respect will disagree, perhaps rather vehemently, with me on that matter, but it's these of my considerations that make me a non-fan of people like Joseph Wilson and Cindy Sheehan, while being a sincere admirer of people like Wilson's spouse, Valerie Plame (in certain dimensions), Russ Feingold, and Carolyn McCarthy.
For what it's worth, I cannot dismiss Nancy Pelosi lightly: she is a powerhouse who has made it to a position that few others ever will in this country; and more to the point, she is in a painfully difficult position if she gives the appearance of supporting impeachment proceedings against Bush and Cheney because she would, if they were convicted in the U.S. Senate, be the President of the United States. The conflict of interest she sees is not just apparent; it's palpable. That does not mean she should be dismissing and blocking pre-impeachment moves; and from what I hear, several Democrats are actually maneuvering behind the scenes to put her in a position where she will look worse as an obstructionist than the Right will portray her as an opportunist. I wouldn't want to be in her shoes.
In case anyone has missed the rather obvious, this is about as weird a period in American history as anyone would ever want to see.
Or not see, at least first hand.
The Dark Wraith will be more than glad when (and if) it's finally over.
This judge has no right wearing the robe. Shameful beyond words.
What has happened to the judiciary's role of applying the law?
How have we become so cowed as to imagine that anything emerging from this executive branch is to be whitewashed, any charges, dismissed?
Good evening, Lisa.
It seems that eternal vigilance was just too high a price for most Americans to pay.
The Dark Wraith hopes what they bought instead was worth it.
....and more to the point, she is in a painfully difficult position if she gives the appearance of supporting impeachment proceedings against Bush and Cheney because she would, if they were convicted in the U.S. Senate, be the President of the United States. The conflict of interest she sees is not just apparent; it's palpable.
Course that's one of the main problems with these fvcktards these days, they're more worried about their covering their own ass than doing what is right. If that is her main concern, she's putting the side effect of becoming president as a more important concern than correcting the frigging problem facing this country. That makes her a Pe-loser in my book. Fvck decorum. Do what is right.
Gee, can you tell I'm sick of this fvcking tap dance show?
The least they could do is provide free food and drinks.
At least then I could put up with stumbling political clods telling the voting audience that what they're doing is interpretive art.
Thanks for your in-depth response, Dark Wraith. I agree that, over the long term, it would probably make more sense to have someone with Pelosi's background and legal-political stregths in our corner in the House than, say, Shaheen. The problem is, I am getting impatient for action. Objectively, I just don't think this country has much time left to change course, and whatever it takes to send our Representatives into a panic over their political survival is all to the good. Perhaps we can agree that better outcome than Shaheen actually winning the election would be for her to get close enough to scare Pelosi into doing the right thing. In any case, Big Money and influence being what drives elections these days, I don't see much possibility of either happening.
As far as Pelosi being worried about a "conflict of interest" over impeachment...why couldn't she just exclude herself and any other Democrats from the line of succession? The first Republican in line after Bush and Cheney is Rice, who, while not perfect, would be a reasonable caretaker President I would trust not to start any further wars of aggression. Since Pelosi should make clear she has no ambition in being President right up front, I see no problem with this plan.
"It seems that eternal vigilance was just too high a price for most Americans to pay.
The Dark Wraith hopes what they bought instead was worth it."
The Joni Mitchell lyrics come to mind:
"You see paradise, then put up a parking lot."
The Republican strategy of seating right-leaning judges will pay dividends long after this administration has left. While we hope and pray that hotter heads prevail, and the Dems win more congressional seats and the presidency, a much quieter battle is being waged in districts, wards and precincts. You better believe that the generals in this war whole-heartedly back any tricks in the book. I look forward to seeing how the Attorneys General conduct themselves during the latter half of '08.
May I also point out that Father Tyme may be on to something with Mr. Bates. Looking at the picture of 'Da Judge', and I can see ol' John Henry having a hell of a time trying to drive a needle up Bates' ass with a sledgehammer!
John Conyers gave me goosebumps. He arrived with "minor rock star status" -- (or better!) at a reception sponsored by the Progressive Democrats of America.
"What a beautiful man - a wise and true gentleman, joined us just now in San Diego at the Holiday Inn for a reception. And there were goosebumps when he said on entering the standing room only crowd (filled with impeachment and other signs):
"What are we waiting for? Let's take these two guys out!"
You're right about Bates and the needle; but only as it concerns us. When you have the "special, glisteningly lubricious key" like Bush does, that fits that special sphincter lock of Bates', you'll know why he luvs him some Georgie Boy!
I need to buy thicker curtains so passers-by don't keep staring in here.
That one even squicked ME out-and 10 years of housekeeping at a major university, including on-campus frat houses means that had to be bad!
I need to buy thicker curtains so passers-by don't keep staring in here.
I respectfully disagree. I say, fling 'em wide open and let it all hang out.
"Gentlepeople of the intertubes, have we got a show for you today! Not just any old bump 'N' grind; Today, we've got G. W. Bush, lookin' dapper as all get out in his ten-gallon hat and armadillo boots. We also have the ever scrumptious Judge J.D. Bates in person, wearin' NOTHING but a robe and a come hither look. And since our good friend Minstrel Boy is busy on tour, we "borrowed" his burro, Chico, for the festivities. Now, I don't wanna spoil the surprise...let's just say, that's one scared lookin' ass. Chico, on the other hand, seems unperturbed by it all."
I was shocked, I tell you, shocked, at your suggestion of using Chico!! You have NO idea where Bush and Bates have been or what they could have contracted! I'm sure Minstrel Boy had Chico vaccinated but you never can tell with those Washington types!
(Do you think we could get Fox to cover it? Maybe have Norquist(sp) as announcer with the rest of the purer than Ivory Group adding their 20 bucks worth?)
Sorry WC, we Never did any of that kind of stuff when I was in frat houses (chortle! cough cough)
The curtains used at the Mustang Ranch might make for interesting decor....or so I'm told.
Not without taking them to the dry cleaners first, Cowboy.
NO, for God's sake, don't wash 'em. They'll lose all their value if you do that...believe me, I know!
Become a Registered Commenter