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Old 12-08-2010, 10:23 PM   #276
FlameOn
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Originally Posted by valo403 View Post
Do you have any examples of manipulation of the judicial branch by the executive? And don't give me Angola, we're talking about the US legal system here. There are many examples of the judicial branch making decisions that were directly counter to the position the executive branch wanted.
There are also examples of the judicary taking exactly the position the executive branch wanted them to take. Don't just blindly believe that the US legal system is perfect. In fact something questionable like this happened in the past decade. Take for example the case of Hamdan vs. Rumsfeld.

In the case of Hamdan vs. Rumsfeld, a three judge panel upheld then President George Bush's decision to create special military tribunals to judge alleged terrorists and deny them protection under the Geneva convention. Judge John Roberts cast the deciding vote on this panel. At the same time he was deliberating on this panel he was being interviewed for a seat on the supreme court. His impartiality in this case can be reasonably questioned under the federal law on judicial disqualification. Four days later after casting his vote, Judge John Roberts gets his supreme court seat.

Decision didn't stop there, Judge Roberts went on to rule that the Geneva convention does not apply to Al-Qaeda members. A third judge disagreed so it was Roberts that cast the deciding vote here too. So... Roberts cast the deciding vote in an overwhelmly important issue to the executive as he was being nominated to the supreme court. Hm.

How is that not manipulation of the judiciary by the executive branch? Roberts should have recused himself from the panel altogether but chose not to and ends up being greatly rewarded for his efforts. These are from LA times articles from 2005. Look them up. All I'm saying is if the executive wants something pushed through they can probably find one way or another to do it.

Last edited by FlameOn; 12-08-2010 at 10:43 PM.
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