Friday, November 29, 2019

Turkey Week: The Road To Gilead

Ohio Republicans are back at it again, with yet another bill that not only criminalizes abortion by legally defining the procedure as murder, but makes the new crime of "aggravated abortion murder" punishable by death.  And somehow, the bill gets worse.

A bill to ban abortion introduced in the Ohio state legislature requires doctors to “reimplant an ectopic pregnancy” into a woman’s uterus – a procedure that does not exist in medical science – or face charges of “abortion murder”.
This is the second time practising obstetricians and gynecologists have tried to tell the Ohio legislators that the idea is currently medically impossible.

The move comes amid a wave of increasingly severe anti-abortion bills introduced across much of the country as conservative Republican politicians seek to ban abortion and force a legal showdown on abortion with the supreme court.

Ohio’s move on ectopic pregnancies – where an embryo implants on the mother’s fallopian tube rather than her uterus rendering the pregnancy unviable – is one of the most extreme bills to date.

“I don’t believe I’m typing this again but, that’s impossible,” wrote Ohio obstetrician and gynecologist Dr David Hackney on Twitter. “We’ll all be going to jail,” he said.

An ectopic pregnancy is a life-threatening condition, which can kill a woman if the embryonic tissue grows unchecked.

In addition to ordering doctors to do the impossible or face criminal charges, House Bill 413 bans abortion outright and defines a fertilized egg as an “unborn child”.

It also appears to punish doctors, women and children as young as 13 with “abortion murder” if they “perform or have an abortion”. This crime is punishable by life in prison. Another new crime, “aggravated abortion murder”, is punishable by death, according to the bill.

The bill is sponsored by representatives Candice Keller and Ron Hood, and co-sponsored by 19 members of Ohio’s 99-member House.

This bill is absolute insanity, but if Roe v. Wade is struck down by SCOTUS, and states are allowed to define their own abortion laws like this, it will be horrific.  Here's hoping it will die in the state Senate and that Gov. Mike DeWine will veto it, but let's remember DeWine signed the six-week heartbeat bill into law as one of his first acts this year, and it's currently going through the courts on the way to SCOTUS.

We'll see what becomes of this, but understand that if things shake out the way I think they will, there's a good chance by this time next year that abortion will be illegal and punishable by the death penalty in several states.

Ohio may very well be one of them.

Turkey Week: Section 412

The Trump regime is the first to invoke Section 412 of the PATRIOT Act in order to detain a non-US citizen indefinitely, without charges.

Adham Amin Hassoun, now in his late 50s, has spent nearly the entire war on terrorism in cages. First picked up on an immigration violation in June 2002, he ended up standing trial alongside once-suspected “dirty bomber” Jose Padilla. But Hassoun was never accused of any act or plot of violence. His crime was cutting checks to extremist-tied Muslim charities operating in places like Kosovo and Chechnya that Congress outlawed after the 9/11 attacks. Hassoun wrote all but one of those checks before 9/11.

Sentenced to 15 years in federal prison, Hassoun should have been a free man in 2017. Instead, he found himself in the custody of Immigration and Customs Enforcement, which locked him up in western New York. It was there that Hassoun’s case turned extraordinary.

ICE wanted to deport Hassoun, but his statelessness as a Palestinian got in the way
. No country—not the Lebanon of his birth, not the Israel that occupies the West Bank and Gaza—was willing to take him. Aided by attorneys at the University of Buffalo Law School, Hassoun in January won what should have been his freedom, on the grounds that his deportation was unlikely.

The Trump administration instead declared him a threat to national security. It did so at first using an also-obscure immigration regulation designed to sidestep a 2001 Supreme Court ruling imposing a six-month detention limit. And it was aided by a testimonial, under seal, of Hassoun’s alleged misdeeds behind bars as related by what his attorneys describe as jailhouse snitches who provided second- or third-hand accounts. But as the government fought what had become a habeas corpus case for Hassoun’s release, the Department of Homeland Security invoked, for the first time in U.S. government history, section 412 of the PATRIOT Act.

Section 412 gives the government broad powers to detain non-citizens on American soil whom it can’t deport but deems, on “reasonable grounds,” to be engaged in “activity that endangers the national security of the United States.” It makes that determination for a six-month period that it can renew without limit.
To little fanfare, the former acting secretary of Homeland Security, Kevin McAleenan, informed Hassoun on Aug. 9 that “you will therefore remain in the custody of U.S. Immigration and Customs Enforcement (ICE) pending your removal from the United States or reconsideration of this decision.”

Attorneys for Hassoun, who were in federal court on Friday to argue for his freedom, are stunned at the invocation of Section 412. They noted that the PATRIOT Act provision is written to “take [a non-citizen] into custody,” not to retroactively designate someone already in detention as a threat.

“If the government were to prevail in its claim of extraordinary and unprecedented executive power, the government would be free to lock up non-citizens indefinitely based solely on executive say-so, even after they completed serving their sentences,” said Jonathan Hafetz, a lawyer with the American Civil Liberties Union.

ICE, citing the ongoing litigation, declined comment. The Department of Homeland Security did not respond to requests for comment.

McAleen claimed in his August invocation of the PATRIOT Act that he did so because Hassoun “assumed a leadership role in a criminal conspiracy to recruit fighters and provide material support to terrorist groups, and because you pose a continuing threat to recruit, plan, participate in, and provide material support for terrorist activity.”

Yet the federal judge in his criminal case, Marcia G. Cooke, painted a far different picture of Hassoun during his 2008 sentencing. There was “no evidence that these defendants personally maimed, killed or kidnapped anyone in the United States or elsewhere,” and the government could find “no identifiable victims” as the result of their actions, she said.

Cooke, a George W. Bush appointee, specifically rejected the life sentence the Justice Department sought for Hassoun, noting that years of government surveillance on him never resulted in his criminal arrest. “This fact does not support the government’s argument that Mr. Hassoun poses such a danger to the community that he needs to be imprisoned for the rest of his life,” Cooke ruled

This will not be the last time this happens, either.

The reason why Section 412 was never utilized until now was because of the obvious unconstitutionality of it.  But that was before the Roberts Court with two Trump appointees.  The Trump regime is betting it will pass muster now.

And it will be used again, especially if Trump goes through with his threat to designation multiple Mexican drug cartels as terrorist groups.

We'll have the Warren Terror on our southern border.

That's the point.
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