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Does classifying evidence of a crime trump the Constitution and the rule of law?

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derby378 Donating Member (1000+ posts) Send PM | Profile | Ignore Fri May-15-09 10:54 AM
Original message
Does classifying evidence of a crime trump the Constitution and the rule of law?
We need to explore this further. The claim is that Nancy Pelosi was ordered to sign a confidentiality agreement that prohibited her from discussing what was revealed during a CIA briefing, and after she dutifully signed the pledge to keep her mouth shut, Pelosi was then told, "We're torturing al Qaeda detainees. We just don't use the word torture. The operative term is enhanced interrogation techniques."

If this is the case, should Pelosi have called their bluff and leaked this information to the public? Does the National Security Act of 1947 truly supercede the Constitution and the Bill of Rights in terms of final authority? If so, isn't the best way to fight tyranny sometimes to break the rules that the tyrants twist and exploit?

There may be a hairline crack in the dam, but unless somebody points out the crack, ain't nobody gonna fix it.

Discuss!
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sinkingfeeling Donating Member (1000+ posts) Send PM | Profile | Ignore Fri May-15-09 11:01 AM
Response to Original message
1. How do you know what Pelosi was told? What in the Constitution requires one to 'report' a violation
of a signed treaty?
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derby378 Donating Member (1000+ posts) Send PM | Profile | Ignore Fri May-15-09 11:09 AM
Response to Reply #1
4. It's not a violation of a signed treaty...
...it's a violation of the Fifth and Eighth Amendments:

No person shall be held to answer for a capital, or otherwise infamous crime, unless on presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

Treaty? What treaty? We've got our own Bill of Rights to fall back upon.
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sinkingfeeling Donating Member (1000+ posts) Send PM | Profile | Ignore Fri May-15-09 11:27 AM
Response to Reply #4
5. And what does that have to do with Nancy? She didn't compell anybody to violate their 5th nor 8th.
Amendment rights. And, the US Constitution applies to all citizens of the world?
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derby378 Donating Member (1000+ posts) Send PM | Profile | Ignore Fri May-15-09 01:40 PM
Response to Reply #5
7. The Constitution DOES apply to how WE treat anyone else, unless otherwise specified
That's my point. And I'm still waiting to hear more on this Pelosi business - it sounds like another Republican bait-and-switch game on the lines of "If Bush officials are going down, Pelosi goes with them." But if she was informed that torture techniques were being used, whether or not DoJ proclaimed them to be "legal," that's where the OP comes in.
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Buzz Clik Donating Member (1000+ posts) Send PM | Profile | Ignore Fri May-15-09 11:01 AM
Response to Original message
2. How quickly we forget -- Pelosi might have been arrested but most definitely would have been smeared
She'd have been labeled a traitor and would have taken the whole Party down with her.
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shraby Donating Member (1000+ posts) Send PM | Profile | Ignore Fri May-15-09 11:05 AM
Response to Original message
3. It's a crime to classify evidence of a crime..
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ThomWV Donating Member (1000+ posts) Send PM | Profile | Ignore Fri May-15-09 12:06 PM
Response to Original message
6. No activity of the President can "Trump" the Constitution - end of argument.
The President draws his authority from the Constitution, not the other way around.
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