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McDermott's appeal rejected by Supreme Wingnuts -- Arrrgh

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Rageneau Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Dec-03-07 03:43 PM
Original message
McDermott's appeal rejected by Supreme Wingnuts -- Arrrgh
Edited on Tue Dec-04-07 12:04 AM by flamingyouth
Source: yahoo news

By MATTHEW DALY, Associated Press Writer Mon Dec 3, 11:28 AM ET

WASHINGTON - The long legal fight between two members of Congress over an illegally taped telephone call ended Monday when the Supreme Court refused to review the case.

The court left in place a federal appeals court ruling that Rep. Jim McDermott, D-Wash., acted improperly in giving reporters access to a recording of a 1996 telephone call of Republican leaders discussing the House ethics case against former House Speaker Newt Gingrich, R-Ga.

McDermott asked the justices to hear his appeal of the May ruling, which he said infringed on his free speech rights. The court did not comment on its action.

The decision upholds a previous court ruling ordering McDermott to pay House Minority Leader John Boehner, R-Ohio, more than $800,000 for leaking the taped conversation. The figure includes $60,000 in damages and more than $800,000 in legal costs for Boehner, who filed suit against McDermott nearly a decade ago.


The case is McDermott v. Boehner, 07-439.

EDITED TO COMPLY WITH DU'S COPYRIGHT RULES

Read more: http://news.yahoo.com/s/ap/20071203/ap_on_go_su_co/scotus_congressmen_taped_call



Years ago -- after being reprimanded by the House Ethics Panel, Newt called some GOP operatives to discuss how they would conspire to get around the restrictions placed on them. A civilian couple with a cellphone(?) picked up the call and -- realizing it showed how Republicans ignore laws they don't like -- tried to get the press to do something about it. When, typically, they wouldn't, they took a tape of the call to Congressman Jim McDermott, who courageously exposed this underhanded plot.

But -- as always -- when the Repukes got caught doing wrong, their immediate response is to create a strawman to attack in order to change the subject. And, of course the MSM and the Puke congress and the rightwing appointees of the Bushes and Raygun on Federal court circled their wagons against the truth and did just that. Forgotten was the fact that senior Republicans were caught redhanded violating the letter and spirit of the law. Instead, it was McDermott who got prosecuted -- for allowing the truth to come out.

Today the railroad job reached the roundhouse. The USSC refused to hear McDermott's appeal -- leaving in place the DC wingnut court's ruling that blowing the whistle on malfeasance is worse than malfeasance itself.

Consequently, one of the very very few truly stand-up Democratic congressman has been left with a mountain of debt. Meanwhile, the underhanded plotting of the Republicans was never given another look. All the press could talk about was what a bad eavesdropping boy McDermott was.

When this kind of thing happens with the regularity it has been these past eight years, there's no sense pretending that this is still America. It ain't.

I have made a personal pledge -- when the National Anthymn is played -- to never again sing the words: "The land of the free and the home of the brave."

Those words are just not true anymore.
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DemKR Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Dec-03-07 03:44 PM
Response to Original message
1. Get used to it. That'swhat happens when you flood the court with right wingers.
spread thatmessage to the 'moderate' republicans who insist on falling in party line and think that judges don't matter.
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1monster Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Dec-03-07 04:32 PM
Response to Reply #1
4. Free speech rights? What country does McDermott think he's living in???
McDermott asked the justices to hear his appeal of the May ruling, which he said infringed on his free speech rights


:sarcasm:
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Doctor_J Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Dec-03-07 03:47 PM
Response to Original message
2. The Nazis early on packed the courts with sympathetic hacks
whose devotion was to the party instead of the country or the constitution. that's what we have now. Hopefuly the next president will pack the SCOTUS with a couple extra justices to even that part out, and the next Congress will fast track impeachment procedings against all of the lower court fascists.
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mlevans Donating Member (642 posts) Send PM | Profile | Ignore Mon Dec-03-07 04:20 PM
Response to Reply #2
3. Some of them have to retire (or die) first.
And Bush's most recent appointees are relative youngsters. I'd love to see what you're talking about too, but it may be a while in coming.
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Kokonoe Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Dec-03-07 05:48 PM
Response to Reply #3
6. The president can nominate as many as he wants.
7 is just a lucky number.
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AZ Criminal JD Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Dec-03-07 06:23 PM
Response to Reply #6
8. What Constitution are you looking at? Not the U.S.
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Prophet 451 Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Dec-03-07 05:58 PM
Response to Reply #3
7. Is there ANY way of removing them?
I'm not versed in US law so forgive the obvious qyestion but can't they be recalled, impeached, something?
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AZ Criminal JD Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Dec-03-07 06:25 PM
Response to Reply #7
9. Technically they can impeached by Congress
It was tried a couple of times in the early 1800s and failed. As a practical matter they can't be impeached.
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Sam Ervin jret Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Dec-03-07 05:38 PM
Response to Original message
5. It sound like simple CIVIL DISOBEIDENCE to me. Don't fight it- WEAR it like a BADGE
If they use the rule of law to get away with immoral acts CIVIL disobedience is the honorable way to get change. But you have to be willing to pay the price. Unless you get jury nullification, as in the case of some draft board burnings late in the Vietnam war, you have to be willing to take the lumps. The lumps being money in this case I'd say money well spent.

Any behavior which would call attention to NEWT and the rest of his "under the rock gang" and their endless misdeeds, would be a badge of honor and a civil service.

I'd call attention to it every time Newt or one of his gang tries to peek his head up from under that rock to make a "come back."

And he's always trying.
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ManiacJoe Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Dec-03-07 07:12 PM
Response to Original message
10. McDermott knew it was wrong when he did it.
IIRC, there were legal ways to get the same effect, but he chose a wrong way. Some people seem to forget the "civil" part of "civil disobedience."

He is my rep, and he sometimes embarrasses me....
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Rageneau Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Dec-03-07 08:02 PM
Response to Reply #10
11. What were the LEGAL ways?
What legal means did McDermott have to get this important story out?

When the press ignores facts like those in this case, what recourse does a congressman who believes in public knowledge of the political truth HAVE, except to call a news conference and put his own self on the line to get the story out. The press wanted to ignore this story, but McDermott's brave actions prevented them from doing so.

What else could he have done ... except capitulate to evil by being silent about it?
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ManiacJoe Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Dec-03-07 08:35 PM
Response to Reply #11
12. It has been too long for me to remember
what legal options we (coworkers) were debating at the time.

I don't mind so much that he did what he thought needed to be done. However, his claim that he should not be punished like everyone else involved was is just wrong when he knew what the consequences were before he did it.

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davidinalameda Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-04-07 01:25 AM
Response to Reply #10
13. you win the post of the day
thank you!

what part of illegal don't people understand on here???????


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tom_paine Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-04-07 07:51 AM
Response to Original message
14. "O'er The Land TV and the Home of the Slave."
THAT is Imperial Amerika, nothing more and nothing less. It has NOTHING to do withthe United States of America that was 224 1/2 years before it.

Imeprial Amerika has a totalitarian goverment, thinly covered with a phony veil of "freedom" and "elections" that fools fewer and fewer people every week.

Amerika, Russia and China are now run by the same form of government. Call it "Autocratic Capitalism" or BushPutinism after it's Founding Fathers or whatever you want to. Since it is so intently camoflauging itself from it's herd of victims, it has no "official name" yet.

We desperately need a new flag and a new song. It is deeply disgraceful to all the Free People who lived in Old America for 224 1/2 years that a bunch of slavish Nazi-wannabees sing our songs and wave our flags.
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robcon Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-04-07 08:09 AM
Response to Original message
15. McDermott was wrong.
You can't use illegal means to expose either wrongdoing or righteous doing. Can't use illegal wiretaps. Seems to me the court made the right call.
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Toots Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-04-07 08:19 AM
Response to Reply #15
16. Maybe Congress can give retroactive immunity for wiretapping
Except he didn't actually wiretap anyone and the people that did were never charged with anything and he is not a major Republican donor like the telecom companies. I guess trying to keep America safe and secure from criminal activity is not a decent goal in this new age..:shrug:
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robcon Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-04-07 08:23 AM
Response to Reply #16
17. As I said, a "decent goal" has nothing to do with this case.
He's not allowed to use illegal wiretaps. As I understand it, he knew the phones were tapped and he knew the wiretap was not legal.
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