FacebookTwitterRedditEmail

The Fourth Branch

I am a lawyer. My pro bono clients are often those who offer nonviolent resistance to wrongs committed by our own government.

I read that, this week past, some nonviolent resisters entered a nuclear weapons storage facility in Germany.
Damn if it is not a list of many of my clients. These people are incorrigible. Next time at sentencing I will argue jail is a waste of time and public money for those sorts; you just cannot deter some people from a life of “crime.”
What a world, in which those acting peaceably for peace are criminals while those in power ordering the killing of people “for their own good” are not.

I still subscribe to law professor Francis Boyle’s view; nuclear weapons and related materiel are not property–property rights attach to legitimate things, not to criminal instrumentalia that have no use but criminal annihilation.

I’ve argued all this a few times with success and many other times not. As to the juries in cases of nonviolent resistance to injustice or in defense of higher laws, I trust them if they are allowed to hear all germane facts.
In one case in which I argued that the nonviolent defendants—who had used hand tools to dismantle a portion of a US nuclear Navy command facility—did not interfere with the defense of the USA because technical experts—whose published work the defendants had read—those defendants were innocent of sabotage charges.

We won this case in great part because of Captain James Bush’s (Ret.) testimony; the members of that jury were fully informed. Bush told the jury of 12 that as he commanded a United States nuclear submarine loaded with ‘city-busting’ weapons that he was also earning a graduate degree in International Relations and that he came to understand that he was in violation of the law every day. Hearing that from a retired commander made quite an impression. The jury rose to the occasion and acquitted, even with a hostile judge.

But it’s degenerating. The recent Espionage Act prosecutions have prevented defendants such Kiriakou et al. from even saying the word “whistleblower.” Reality Winner will be so shackled in her defense.

I have experienced this abuse of the law in nuke protest cases in US federal court–to the point I conclude such trials are Soviet Mock Potemkin Trials (back in the US, back in the US, back in the USSR).

In my judgment the jury is the 4th branch of government. The Founders knew power corrupts, and that sooner or later, the Congress, the President and the judges would abandon the Constitution for power and that only fully informed juries could stem the tide of corruption.

The Federal judges who issue orders in limine so jurors do not hear all the evidence (as to both the law and the facts) are complicit in destroying the check and balance the jury must be–as all others involved, i.e., Congress, President, judges, are beholden to the system.

In the case to which I referred above, the State Court Judge had some residual fidelity to the Constitution and we kind of boxed him in to allowing Bush to testify as he did–though I expect the Judge did not think a “military man” would have such a complicated mind, capable of rational thought and a moral code superior to his willingness to “just follow orders.”

Kinda tricky of me, I guess. But my oath is to the Constitution, not Congress, White House, or Judge–all of whom are creatures of the Constitution deserving of no respect nor obedience when they violate same (as is the ordinary course of all branches these days.)

Despite many disappointments, I still have faith in juries of ordinary people when fully informed to make “just” decisions even if necessitating deviation from the law. Thus, government fears the people so long as there is trial by jury.

This is as it should be. A government making unjust laws as ours does ought to fear its ability to convict when justice is not served by conviction. The three branches have become unmoored from being “bound down in the chains of the Constitution”–with the result it is a lawless beast.

Ultimately it will be up to the people: a nation of law, or a nation of beasts? Our “leaders” have no interest in curbing their own abuse of power. As victims of such abuse, the people are responsible, for the sake of their progeny and the future of liberty.

More articles by:

Kary Love is a Michigan attorney.

bernie-the-sandernistas-cover-344x550
April 06, 2020
Richard D. Wolff
COVID-19 and the Failures of Capitalism
W. T. Whitney
Donald Trump, Capitalism, and Letting Them Die
Cesar Chelala
Cuba’s Promising Approach to Cancer
David A. Schultz
Camus and Kübler-Ross in a Time of COVID-19 and Trump
Nomi Prins 
Wall Street Wins, Again: Bailouts in the Time of Coronavirus
Dean Baker
Getting to Medicare-for-All, Eventually
Dave Lindorff
Neither Pandemic Nor Economic Collapse is Going to Be a Short-Lived Crisis
Sonali Kolhatkar
Capitalism in America Has Dropped the Mask: Its Face is Cruel and Selfish
Ralph Nader
Trump’s 7 Pro-Contagion Reversals Increase the Coronavirus Toll
David Swanson
A Department of Actual Defense in a Time of Coronavirus
Ellen Brown
Was the Fed Just Nationalized?
Jeff Birkenstein
Postcards From Trump
Nick Licata
Authoritarian Leaders Rejected the Danger of a COVID-19 Pandemic Because It Challenged Their Image
Kathy Kelly
“He’s Got Eight Numbers, Just Like Everybody Else”
Graham Peebles
Change Love and the Need for Unity
Kim C. Domenico
Can We Transform Fear to Strength In A Time of Pandemic?
Mike Garrity
Alliance for the Wild Rockies Files Lawsuit to Stop Logging and Burning Project in Rocky Mountain Front Inventoried Roadless Area
Stephen Cooper
“The Soul Syndicate members dem, dem are all icons”: an Interview with Tony Chin
Weekend Edition
April 03, 2020
Friday - Sunday
Omar Shaban
Gaza’s New Conflict: COVID-19
Rob Urie
Work, Crisis and Pandemic
John Whitlow
Slumlord Capitalism v. Global Pandemic
Jeffrey St. Clair
Roaming Charges: Strange Things Happening Every Day
Jonathan Cook
The Bigger Picture is Hiding Behind a Virus
Paul Street
Silver Linings Amidst the Capitalist Coronavirus Crisis
Evaggelos Vallianatos
The Control of Nature
Louis Proyect
COVID-19 and the “Just-in-Time” Supply Chain: Why Hospitals Ran Out of Ventilators and Grocery Stores Ran Out of Toilet Paper
Kathleen Wallace
The Highly Contagious Idea
Kenneth Good
The Apartheid Wars: Non-Accountability and Freedom for Perpetrators.
Andrew Levine
Democracy in America: Sorry, But You Can’t Get There from Here.
Ramzy Baroud
Tunisia Leads the Way: New Report Exposes Israel’s False Democracy
David Rosen
Coronavirus and the State-of-Emergency Pandemic
Matthew Stevenson
Will Trump Cancel the Election? Will the Democrats Dump Joe?
Ron Jacobs
Seattle—Anti-Capitalist Hotbed
Michael T. Klare
Avenger Planet: Is the COVID-19 Pandemic Mother Nature’s Response to Human Transgression?
Jack Rasmus
COVID-19 and the Forgotten Working Class
Werner Lange
The Madness of More Nukes and Less Rights in Pandemic Times
J.P. Linstroth
Why a Race is Not a Virus and a Virus is Not a Race
John Feffer
We Need a Coronavirus Truce
Thomas S. Harrington
“New Corona Cases”: the Ultimate Floating Signifier
Victor Grossman
Corona and What Then?
Katie Fite
Permanent Pandemic on Public Lands: Welfare Sheep Ranchers and Their Enablers Hold the West’s Bighorns Hostage
Patrick Bond
Covid-19 Attacks the Down-and-Out in Ultra-Unequal South Africa
Eve Ottenberg
Capitalism vs. Humanity
Nicky Reid
Fear and Loathing in Coronaville Volume 2: Panic On the Streets of Tehran
Jonas Ecke
Would Dying for the Economy Help Anybody?
FacebookTwitterRedditEmail