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Wednesday, 18 June 2025

 TRUMP AND THE LAW

As a Brit I am amazed at the on-going row between the Trump Administration and the Governor of California.

I can't imagine a situation in the UK where a judge could rule that the Prime Minister of the United Kingdom committed an illegal act. Should such a situation occur it would result in the resignation of the Prime Minister and probably the fall of the Government virtually immediately.

Yet a lower court federal judge, Judge Breyer, rules that Trump committed an illegal act - violated the 1903 Militia Act and violated the 10th Amendment of the United States' Constitution and that pending a preliminary injunction hearing on Friday the matter is now before the 9th Circuit Court of Appeal.

And Trump is still President, having been told, in court, by a federal judge, that he violated the 10th Amendment of the United States' Constitution which he swore on Inauguration Day to ' preserve, protect, and defend'.

I cannot conceive of anything even remotely similar occurring in the UK, the national government at war with a section of its own country  and being dragged before the courts for its actions.

How has this great country, the defender of democracy throughout the 20th century, sunk so low?

Is this truly what Americans voted for, is this the kind of country they want?

Sunday, 15 June 2025

  A FAIR TRIAL? THE EXECUTION OF ANTHONY WAINWRIGHT

Carmen Gayheart was raped and murdered in April 1994 and her assailant,  Anthony Wainwright, was convicted of the crime and sentenced to death on May 30, 1995.

To my mind, there is something wrong with a justice system where Wainwright spent  over 30 years on death row before being executed by lethal injection on June 10, 2025.

A system which allows appeal after appeal, to the Florida Supreme Court, three times,  to the 11th U.S. Circuit Court of Appeals, twice, and to  the U.S. Supreme Court, all with little or no chance of success, cannot be either fair or just.

By comparison, when the United Kingdom enforced the death penalty execution was carried out after the elapse of three clear Sundays after sentence was passed. Appeals could be made to the Court of Appeal, only once, and if that failed to the Home Secretary.

If that was unsuccessful the file was annotated with the words, "The law must take its course", and the execution then went ahead, at the most three weeks after conviction and sentence.

I won't pretend that the United Kingdom's system was perfect, and yes! Miscarriages of justice did occur, which with a protracted stay between sentence and execution may have been prevented, such as the case of Timothy Evans, wrongly hanged for the murder of his daughter in 1950, a murder carried out by his landlord John Christie, which became clear at Christie's own trial three years later.

Had Evans still been on 'death row', although there was such thing in the UK,  then he may well have been pardoned, or at least afforded a re-trial.

Evan allowing for such infrequent cases I still feel that justice should not only be fair, but swift, sparing the condemned the agony of years of living in limbo, denying the relatives of the victims closure ( both Carmen Gayheart's parents died never knowing if her killer faced the ultimate punishment), and saving the state a fortune in both the costs of incarceration and of prolonged and repeated legal proceedings.


Friday, 13 June 2025

       In remembrance of the victims of Air India flight AI171



 To Cross the Rubicon.

In ancient Rome, it was illegal for a provincial governor to lead his army into Italy without the Senate's permission. 

The Rubicon River was the boundary between Italy and the province of Gaul, where Julius Caesar, serving as governor of Gaul, was with his army.

In 49 BC Caesar crossed the Rubicon with his legions, defying the law and triggering a civil war which ultimately led to Caesar becoming dictator for life.

In 2025 Donald Trump, President of the United States of America, sent his legions, the National Guard and elements of the United States Marine Corp, to perform  law enforcement in California in direct contravention of the law, which would need there to be, not merely civil disturbance, but an armed insurrection against the United States of America to justify the deployment of Federal Troops, which there was not.

In 49BC Caesar's action triggered a civil war with Caesar becoming dictator for life - the parallels between Trump's actions and those of Caesar are uncanny, and deeply disturbing.

Those who fail to learn the lessons of history are doomed to repeat its mistakes.

Saturday, 26 April 2025

 WHO'S TO DOOM?

 America is sailing in dangerous waters.

 Pam Bondi, the Attorney General of the US has authorised the FBI to arrest two judges who have dared to defy Trump's illegal deportation of alleged illegal aliens and has then gone on Fox News, the Trump media outlet, to brag about it and to threaten more such actions, stating that those who break the law, ie disagree with Trump, will be arrested.

 FBI Director Kash Patel has also posted his 'belief' that Judge Hannah Dugan obstructed FBI agents in carrying out an arrest.

Now 'belief', by Kash Patel or anyone else is a long long way from either proof or probable cause and such public comments on a matter which is now sub judice could also be adjudged as being predacious to a trial, something you'd think the Director of the FBI would be aware of, which may be why he has now deleted the post.

 Too Late  Kash, the damage is done and we all now know how much you respect the law.

 I make no comment as to whether or not these judges have committed some offence but when the Executive (Trump) goes to war with the Judiciary, who are the true guardians of democracy, it is a dangerous game, with far-reaching consequences for all Americans.

 "Where do murderers go, man! Who's to doom, when the judge himself is dragged to the bar?"

Herman Melville

Tuesday, 22 April 2025

 DEMOCRACY IN PERIL

 Two cases which are currently before the United State's courts have the potential to completely over-turn two of President Trump's principal election promises, to deport thousands of refugees, asylum seekers and illegal aliens to El Salvador, and that he would impose far-reaching tariffs on imports into the USA.

The first of these cases revolves around a ruling made on the 15 March by Federal Judge Boasberg when he imposed a temporary restraining order on the use, by the Trump Administration, of the 1798 Alien Enemies Act  to deport people to El Salvador and ordered a 14-day halt to the deportations covered by Trump's proclamation.

When told the planes had already departed, the judge issued a verbal order for the flights to be turned around to return to the USA and that people could not be deported without due process of law.

The Trump administration ignored his ruling thus putting them in contempt of court and liable to summery imprisonment.

Judge Boasberg is now starting proceedings to call the Trump administration to justice.

The second case comes from Governor  Gavin Newsom, Governor of California, who has begun a legal action against the Federal Government arguing that Trump has no power to enforce tariffs without the consent of Congress, which Trump has never obtained meaning his entire tariff strategy is illegal.

So how is Trump to going to salvage both his election strategy and stay out of jail?

About 90 days ago Trump signed an order requiring J D Vance and Pete Hegseth, the Secretary of State for Defence, to report on whether there was such an emergency that would justify Trump invoking the 1807 Insurrection Act, which would enable Trump to declare a State of Emergency, suspend the Constitution and the rule of law and govern by military force.

One might reasonable infer that these two Trump acolytes are most unlikely to go against Trump's wishes, which raises the very real possibility that Trump will indeed invoke the Insurrection Act and call out the militia, in effect the National Guard, or even his tens of thousands of MAGA supporters, the same ones who, at Trump's instigation, stormed the US Capitol Building  on 6th of January  2021.

Trump, thus released from any obligation to either the Constitution of the United States, or the rule of law, could imprison any who have dared to question or defy him.

Democracy is a fragile concept and once lost can rarely be recovered but under their current President the American people, for the most part ignorant of either the law or an understanding of what tyranny means, could wake up one morning to a very different America, one where the freedom to speak your mind, to hear both sides of an argument, to enjoy a free press, has disappeared.

Where George Orwell's 'Nineteen Eighty-Four' becomes a reality.

 

Monday, 21 April 2025

 COMMON SENSE RULES - AT LAST!

A female nurse is suspend for objecting at having to share a changing room with a man in a skirt.

Keir 'flip-flop' Starmer thinks one in a thousand women have a penis and that it is wrong to say only women have a cervix.

The finalists of the Ultimate Pool Women’s Pro Series held at Robin Park Leisure Centre in Wigan, Harriet Haynes and Lucy Smith, were both men.

Thank goodness this stupidity will come to an end now the Supreme Court of the United Kingdom has ruled that the sex of anyone is determined by biology.

 Yes I know that should be self-evident to anyone except flip-flop Starmer , the managers of Victoria Hospital in Kirkcaldy and whichever idiots run the Ultimate Pool Women’s Pro Series - but it isn't!

Blinded by a perverse ideology, in thrall to the trans minority that says you can change your sex just by saying so, these and numerous others have, by their actions, discriminated against women for far too long.

It is not trans-phobic, or any other kind of artificially invented phobia, to state the bleeding obvious, that women carry the XX Chromosome and men the XY, and dressing in a skirt, self-identifying, or carrying around a Gender Recognition Certificate will never alter that.

A man is born a man and will die a man, no matter what they or anyone else, including Mr flip-flop, has to say to the contrary, and all credit to the Supreme Court for having the courage to defy this warped ideology and the howls of anguish spewing from those outraged self-interest, trans-support  groups and spell out the truth in no uncertain terms.

If one wants to see the true colour of those, mostly men, trans-activists one has only to look at the demonstrations held by those men in London, some carrying banners advocating burning J K Rowling as a witch, and that the only good TERF (trans-exclusionary radical feminist) is a dead one.

So much for tolerance and compassion, little of which is on show from the vile misogynistic creatures sending death threats to those brave women who led the fight for female equality.

It is no surprise to hear that Labour politicians led by one-woman-in-a-thousand-has-a-penis Starmer, have already begun plotting to over-turn, or ignore, the court's ruling.