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Saturday, November 9, 2013

Two Thoughts

Friday afternoon the U.S. Supreme Court, without opinion, rejected California’s final attempt to ignore implementation of a massive inmate release by year-end (9600 inmates) because of the state’s unsafe and unsanitary prison conditions. In 2011, the Court found the California prison system in violation of the constitutional prohibition of cruel and unusual punishment and ordered the release of over 30,000 inmates to reduce the state’s massive overcrowding to 115% of capacity.
            
For the past 2 years, California’s Governor and DOC director have refused to comply with the orders of the highest court in the nation and begin to operate constitutionally sound prisons.
           
How ironic that the department tasked with enforcing sentences against those who break the law does so in violation of the law. Who – I wonder – goes to prison for that?
            
And second, PVC Bradley Manning was court-marshaled this week for delivering millions of pages of documents concerning this nation’s war in Iraq to Wikileaks. He did so because he felt the nation was engaged in an immoral military action.
            
At the close of the Second World War the victorious allies prosecuted thousands of enemy officers for war crimes, crimes they defended on the grounds that they were following orders. The Nuremburg Court found that no soldier could lawfully ignore his conscience and simply “follow orders.” Or, as Martin Luther King, Jr. said in his “letter from Birmingham Jail,” when man’s law conflicts with God’s law, you must nonviolently oppose it and accept the consequences.
            
You may not like what PVC Manning did, but at least you should respect him.


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