Submitted by sandiegowoman on Mon, 2008-06-02 13:42. General Discussion
Posted by Barbara Cummings
Subject: Death Squads Plead Discrimination
Death Squads Plead Discrimination
by Mark E. Smith
Today, Friday, May 30, 2008, I sat in Courtroom 13 on the 5th floor of the federal courthouse in San Diego and watched in horror as a white male former Marine general, acting as attorney for Blackwater International, a private Christian evangelical mercenary (death squad) corporation, told a sweet-looking blonde female federal judge, Marilyn Huff, that they were being discriminated against, and the judge not only agreed with their argument and confronted the city attorney with it, but also added a charge of diversity. Diversity? San Diego has too few murderers and killers to meet federal diversity standards?
The story behind this is that Blackwater intends to have a large presence in San Diego, and everywhere else in the U.S. possible, so that it will be in a position to quell any civil unrest that may happen after the next stolen Presidential election in November. In the meantime it will compete for work training U.S. military troops and guarding the border against Mexican invaders. Blackwater tried to open a training facility in Potrero, but seeing that they were likely to be unsuccessful due to public outrage, they quietly began seeking permits for another facility in Otay Mesa under the names of front companies like Raven (raven means black). But their purpose in Otay Mesa was also disguised. They said at different times that it would be a law enforcement training facility, a vocational school, or just a warehouse. Once all the permits had been granted, it became clear to the city that this was to be a mercenary training facility and the city exercised its discretion to stop them from opening before there was further review. Blackwater then went to federal court seeking a temporary restraining order on the grounds of irreparable injury, and the judge will grant their order on Monday.
Obviously Judge Huff does not understand what discrimination is. If people disliked Blackwater because of a historically suspect category, such as age, race, sex, disability, etc., that would be discrimination. But to dislike a company because they are known for shooting civilians indiscriminately and with impunity is not discrimination, it is fear.
In order to get a temporary restraining order in federal court, Blackwater had to show that otherwise they would suffer irreparable injury. The San Diego attorney cited rulings stating that loss of income is not an irreparable injury and the judge asked the Blackwater attorney to state what the injury was. Instead he began talking about our brave fighting men and women defending our country. Believe me, you've never seen a Marine speak so respectfully of the Navy before, because it is a contract with the Navy that begins on Monday that Blackwater stood to lose, at least temporarily, if the order was not granted. Since a temporary loss of income is not irreparable, he never did answer the judge's question, but sought shelter behind false patriotism and phony national security. Mexico is not invading the U.S. and has no intentions of doing so, and our efforts to deport undocumented workers have been so successful that several U.S. farms and factories have had to move to Mexico in order to be able to rehire their deported workers when they could find no adequate replacements for them here. We are not only not under attack, we are waging wars of aggression, so self-defense is not an argument. To hear this mouthpiece say it, you'd think that if the restraining order was not granted, Osama bin Laden and five million crazed terrorists would cross the Mexican border and conquer the United States.
This remarkable proceeding is the final proof, if any more were needed, that the fascist takeover of America is complete. A federal court has no business intervening in a city's business, not even if the company's owner is a friend of Bush and Cheney. This means that we no longer have any local or states' rights whatsoever, as the federal counts, stacked with judges appointed by the fascist regime in Washington, will always intervene on behalf of facism whenever states or municipalities attempt to assert their rights.
The city may appeal the ruling, but the Blackwater presence in San Diego is now a fait accompli and cannot be undone. Even if the city were to win on appeal, which it should because the laws are definitely on the side of the city, the case would just be appealed by Blackwater until it reached the Supreme Court, where the partisan thugs who installed Bush against the will of the people, including some who were appointed by that unelected President, would rule for Blackwater. No matter how illegal or unconstitutional a Supreme Court ruling, there is no possible appeal from that unelected body. A democracy is a form of government in which the ultimate power belongs to the people, not to unelected fascist thugs and their cronies.
An hour before the court hearing began, we held a protest in front of the courthouse. We had "Stop Blackwater" t-shirts, signs, and banners. A woman standing near me was talking about the election, so I asked what has become my standard question these days, "Would you still vote if the only federally approved voting mechanism was a flush toilet?" She said that she would. She is one of millions of people concerned about their right to vote, but who don't actually care whether or not their vote is really counted or if it gives them a voice in government. As long as they can vote, they're happy. The man standing next to her said, "Well, if a lot of people didn't vote, maybe it would make a difference." I said, "How's fifty percent?" He said, "But they're apathetic." I said, "You don't care if your vote is counted or not, and you call them apathetic?"
One of the protest organizers asked afterwards if anything like this had happened in Nazi Germany. I explained that it had. That many people had trusted the courts to uphold what laws remained, but the courts were just as fascist as the Nazis. Judges who weren't, were forced off the bench. Fascist dictators appoint judges on the basis of blind loyalty, and their lapdog legislators confirm them to show their collegial support for and complicity in fascism.
Blackwater has been getting a lot of publicity. As private contractors they consider themselves exempt from all laws, domestic, foreign, and international. But they went running to the law for help when they feared a possible temporary setback to their plans. In truth the city of San Diego might be able to delay their operations, but probably couldn't keep them out. We have a "strong mayor" system, so the mayor, who only became mayor after not one, not two, but three rigged elections, is the decider, and he said on the radio the night before the hearing that he believed that Blackwater's permits were in order. We the people don't get to actually vote on issues of concern to us, we can only vote for "representatives" but our votes are counted secretly by easily and undetectably hackable central tabulators and our elections officials in San Diego are a former voting machine salesperson and a guy who stated publicly that he didn't think that manipulating a recount so that the ballots would match a fraudulent machine count was wrong. So good luck with those elections.
Author Jeremy Scahill, who has written extensively about Blackwater, will be in San Diego on June 10th. Although they didn't say so, it is his scheduled book signing at the Unitarian/Universalist church that Blackwater feared might cause them irreparable injury, as Scahill has documented who the owners of Blackwater are, what sort of murderers and terrorists they hire, and why a company like that has no place in a democracy.
This was a sad day for America and a sad day for democracy. The poor itty bitty multi-billion dollar death squad terrorist mercenary corporation told a federal judge that they felt discriminated against, and the judge bought it. Actually, it seemed like the judge had made up her mind before hand, as she was arguing on behalf of Blackwater, handing them citations, and belittling the city and the relevant laws. On the question of jurisdiction, the right of the federal courts to preempt a city's discretion, she did say that she didn't think that an ordinary citizen could run to federal court if a city denied a building or business permit, but she obviously doesn't consider Bush cronies like Blackwater to be ordinary citizens. Fascists get special treatment and favors in fascist courts.
And so, having witnessed it, I am already in a state of shock. But this shock may not reach the average San Diegan or the average American until another catastrophe like 9/11 or hurricane Katrina hits, and that will be much too late as Blackwater mercenaries will be in our streets and in helicopters overhead with automatic weapons to prevent us from getting food or medical help or escaping death. If we had a voice in the matter, we might say no. But we have no voice. Our elections aren't about giving us a voice, they're about legitimizing elite rule and depriving us of any voice. Instead we are told that our vote is our voice, and then our votes aren't counted. Too bad, nothing to see here, move along.
Permission to forward, repost, republish, or line the bird cage with this, is hereby granted.
Democrat for U.S. Congress, CA-53