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The Anonymous Executioners of the Corporate State

The Anonymous Executioners of the Corporate State

Imprisoning the David to Chevron’s Goliath is the latest outrage by a US judiciary now engineered to always favor the interests of capital.
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Original illustration by Mr. Fish

Judge Loretta Preska, an advisor to the conservative Federalist Society, to which Chevron is a major donor, sentenced human rights attorney and Chevron nemesis Steven Donziger to six months in prison Friday for misdemeanor contempt of court after he had already spent 787 days under house arrest in New York.

Preska’s caustic outbursts — she said at the sentencing, “It seems that only the proverbial two-by-four between the eyes will instill in him any respect for the law” — capped a judicial farce worthy of the antics of Vasiliy Vasilievich, the presiding judge at the major show trials of the Great Purges in the Soviet Union, and the Nazi judge Roland Freisler who once shouted at a defendant,”You really are a lousy piece of trash!”

Donziger, a graduate of Harvard Law School, has been fighting against polluting American oil companies for nearly three decades on behalf of indigenous communities and peasant farmers in Ecuador. His only “crime” was winning a $9.5 billion judgment in 2011 against Chevron for thousands of plaintiffs. The oil giant had bought Texaco oil company holdings in Ecuador, inheriting a lawsuit alleging it deliberately discharged 16 billion gallons of toxic waste from its oil sites into rivers, groundwater, and farmland. Since the verdict, Chevron has come after him, weaponizing litigation to destroy him economically, professionally, and personally.

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The Dying Institutions Of Western Civilization

The Dying Institutions Of Western Civilization

nothing is left

Judiciary Branch Has Self-Abolished

The US no longer has a judiciary. This former branch of government has transitioned into an enabler of executive branch fascism.

Privacy is a civil liberty protected by the US Constitution. The Constitution relies on courts to enforce its prohibitions against intrusive government, but if the executive branch claims (no proof required) “national security,” courts kiss the Constitution good-bye.

Federal judges are chosen by the executive branch. The senate can refuse to confirm, but that is rare. The executive branch chooses judges who are friendly to executive power. This is especially the case for the appeals courts and the Supreme Court. The Justice (sic) Department keeps tabs on district court judges who rule against the government, and these judges don’t make it to the higher courts. The result over time is to erode civil liberty.

Recently a three-judge panel of the US Appeals Court for the District of Columbia ruled that the National Security Agency can continue its mass surveillance of the US population without showing cause. The panel avoided the constitutional question by ruling on procedural terms that NSA had a right to withhold the information that would prove the plaintiffs’ case.

By refusing to extend the section of the USA PATRIOT Act—a name that puts a patriotic sheen on Orwellian totalitarianism—that gave carte blanche to the NSA and by passing the USA Freedom Act, Congress attempted to give NSA’s spying a constitutional patina. The USA Freedom Act allows the telecom companies to spy on us and collect all of our communications data and for NSA to access the data by obtaining a warrant from the Foreign Intelligence Surveillance Act (FISA) Court. The Freedom Act protects constitutional procedures by requiring NSA to go through the motions, but it does not prevent telecom companies from invading our privacy in behalf of NSA.

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Olduvai IV: Courage
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Olduvai II: Exodus
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