The Fourth Branch
By Kary Love | CounterPunch | August 18, 2017
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.
Kary Love is a Michigan attorney.
Share this:
Related
August 19, 2017 - Posted by aletho | Civil Liberties, Militarism, Solidarity and Activism, Timeless or most popular, War Crimes | United States
No comments yet.
Featured Video
Full Body Burden – Growing Up in the Nuclear Shadow of Rocky Flats
or go to
Aletho News Archives – Video-Images
From the Archives
American Casualties of the U.S. Nuclear Weapons Program
By Lawrence Wittner | CounterPunch | January 4, 2016
When Americans think about nuclear weapons, they comfort themselves with the thought that these weapons’ vast destruction of human life has not taken place since 1945—at least not yet. But, in reality, it has taken place, with shocking levels of U.S. casualties.
This point is borne out by a recently-published study by a team of investigative journalists at McClatchy News. Drawing upon millions of government records and large numbers of interviews, they concluded that employment in the nation’s nuclear weapons plants since 1945 led to 107,394 American workers contracting cancer and other serious diseases. Of these people, some 53,000 judged by government officials to have experienced excessive radiation on the job received $12 billion in compensation under the federal government’s Energy Employees Occupational Illness Compensation Program. And 33,480 of these workers have died.
How could this happen? … continue
Blog Roll
-
Join 2,447 other subscribers
Visits Since December 2009
- 7,599,365 hits
Looking for something?
Archives
Calendar
Categories
Aletho News Civil Liberties Corruption Deception Economics Environmentalism Ethnic Cleansing, Racism, Zionism Fake News False Flag Terrorism Full Spectrum Dominance Illegal Occupation Mainstream Media, Warmongering Malthusian Ideology, Phony Scarcity Militarism Progressive Hypocrite Russophobia Science and Pseudo-Science Solidarity and Activism Subjugation - Torture Supremacism, Social Darwinism Timeless or most popular Video War Crimes Wars for IsraelTags
Afghanistan Africa AIPAC al-Qaeda Australia BBC Benjamin Netanyahu Brazil Canada CDC Central Intelligence Agency China CIA CNN Covid-19 COVID-19 Vaccine Donald Trump Egypt European Union Facebook FBI FDA France Gaza Germany Google Hamas Hebron Hezbollah Hillary Clinton Human rights Hungary India Iran Iraq ISIS Israel Israeli settlement Japan Jerusalem Joe Biden Korea Latin America Lebanon Libya Middle East National Security Agency NATO New York Times North Korea NSA Obama Pakistan Palestine Poland Qatar Russia Sanctions against Iran Saudi Arabia Syria The Guardian Turkey Twitter UAE UK Ukraine United Nations United States USA Venezuela Washington Post West Bank WHO Yemen Zionism
Aletho News- Iranian strike on US base in Kuwait exposes generals’ reckless negligence
- Lindsey Graham was a monster, but not exceptional
- The Lindsey Graham Timeline Does Not Work… He Died in Kyiv
- OSINT data, Sat images show damage at US bases after Iranian strikes
- Four People Killed in Ukrainian Attack on Energodar – Rosatom CEO
- After US policy whiplash, Iran sets the rules in Strait of Hormuz
- It is Ground Hog Day in the Strait of Hormuz… Again!
- Rahm Emanuel’s Critique of Israel: Signs of Change or a Desperate Plea?
- Here’s JD: The Unbearable Lightness of VP Vance: A VERY Short Primer
- IRGC Navy: Strait of Hormuz closed until US ends regional intervention
If Americans Knew- How the US law on dual citizens was changed for Israel
- Tucker Carlson Interview with Survivor of Israel’s Lethal Attack on the USS Liberty
- Inside the German pro-Israel Lobby’s Campaign to Defund UNRWA
- Israel loses Lindsey Graham, Ro Khanna is radicalized for Palestine – Daily Update
- Israel reportedly itching to join US in bombing Iran – Daily Update
- Israel Continues to Shoot Children in the Head During the Gaza Ceasefire
- Israel announces theft of Palestinian land in West Bank to expand road for settlers
- What would you do to help end a genocide?
- Israel’s “ceasefire” in Gaza includes shooting children in the head – Daily Update
- Bombshell Graham Platner Report Has Big Problems
No Tricks Zone- Experimental Lab Research: The Climate Sensitivity To A 400-Fold Increase In CO2 Is 0.1°C
- Fatal Snobbery: In France, It’s Better To Die From A Heatwave Than To Do As Americans
- New Study: NASA’s Models Wildly Underestimate The Capacity Of Clouds To Alter Solar Radiation
- Polar Freezeover: Western Arctic Early July Sea Ice Exceeds 1980s Average
- Doing The Opposite: Studies Show Gigantic Wind Farms Significantly Warm The Night
- 120 Years Of Shortwave And Longwave Flux Analysis Show Ocean Heat Changes Are Unrelated To CO2
- +25°C …It’s The Exploding Global Urbanisation, Stupid! Why Heat Waves Are Setting Records
- Heat And Drought In Germany Are Nothing New, Archive Media Show
- Lousy Station Siting: Swirling Controversy Surrorunds Germany’s Latest “New Alltime Record High” Temperature
- 2025 Study: Cloud Effects Reduce Downwelling Longwave Radiation, Overriding The CO2 Impact
Contact:
atheonews (at) gmail.com
Disclaimer
This site is provided as a research and reference tool. Although we make every reasonable effort to ensure that the information and data provided at this site are useful, accurate, and current, we cannot guarantee that the information and data provided here will be error-free. By using this site, you assume all responsibility for and risk arising from your use of and reliance upon the contents of this site.
This site and the information available through it do not, and are not intended to constitute legal advice. Should you require legal advice, you should consult your own attorney.
Nothing within this site or linked to by this site constitutes investment advice or medical advice.
Materials accessible from or added to this site by third parties, such as comments posted, are strictly the responsibility of the third party who added such materials or made them accessible and we neither endorse nor undertake to control, monitor, edit or assume responsibility for any such third-party material.
The posting of stories, commentaries, reports, documents and links (embedded or otherwise) on this site does not in any way, shape or form, implied or otherwise, necessarily express or suggest endorsement or support of any of such posted material or parts therein.
The word “alleged” is deemed to occur before the word “fraud.” Since the rule of law still applies. To peasants, at least.
Fair Use
This site contains copyrighted material the use of which has not always been specifically authorized by the copyright owner. We are making such material available in our efforts to advance understanding of environmental, political, human rights, economic, democracy, scientific, and social justice issues, etc. We believe this constitutes a ‘fair use’ of any such copyrighted material as provided for in section 107 of the US Copyright Law. In accordance with Title 17 U.S.C. Section 107, the material on this site is distributed without profit to those who have expressed a prior interest in receiving the included information for research and educational purposes. For more info go to: http://www.law.cornell.edu/uscode/17/107.shtml. If you wish to use copyrighted material from this site for purposes of your own that go beyond ‘fair use’, you must obtain permission from the copyright owner.
DMCA Contact
This is information for anyone that wishes to challenge our “fair use” of copyrighted material.
If you are a legal copyright holder or a designated agent for such and you believe that content residing on or accessible through our website infringes a copyright and falls outside the boundaries of “Fair Use”, please send a notice of infringement by contacting atheonews@gmail.com.
We will respond and take necessary action immediately.
If notice is given of an alleged copyright violation we will act expeditiously to remove or disable access to the material(s) in question.
All 3rd party material posted on this website is copyright the respective owners / authors. Aletho News makes no claim of copyright on such material.

Leave a comment