Yoo hoo– America? Your constitution is being abrogated. Do you care?

Probably not. No, don’t get up from Survivor or American Idol. Take your popcorn and your super-sized cola back to your couch. Relax. You are white and middle class and… well, . You have nothing to fear. The man on trial is dark-skinned. Like that man they shot after he fled that plane in Miami.

Mr. Salim Ahmed Hamid–he’s Yemeni– used to drive Mr. Bin Laden’s car. That’s right. And America caught him somewhere– in Afghanistan, I believe. Certainly not in Iraq– you know– that country that didn’t have any connection to Mr. Bin Laden? Salim Ahmed Hamad is on trial. Well, no he isn’t. Well, yes he is.

Okay, so Mr. Hamad used to drive Mr. Bin Laden’s car and he was his body guard. So that’s a crime, right? Right– this was after Mr. Bin Laden was no longer a friend of ours. That’s right.

So it appears that Mr. Hamad might not have actually broken any laws in America, or overseas, actually, but damnit– that’s no excuse for letting a known chauffeur to a terrorist former tool of U.S. foreign policy go free. We’ll try him anyway. Mr. Bush can just appoint a bunch of men– make them military men– and we’ll just hold a “trial”. After all, Mr. Bush was elected, so it’s not as if he were unaccountable.

Mr. Hamad’s lawyer thinks he should be entitled to a fair trial, due process, and all that crap. You’d almost think he was white or spoke without an accent. Is the ad almost over? So the Supreme Court is trying to decide whether or not the President could just appoint anybody he feels like appointing to hold a trial or something like it and pass a sentence or just shoot the bastard, without damned interference from those pointy-headed justices or congressmen or anybody else.

Lucky for Mr. Bush, the Republican appointees, including Mr. Thomas– who was so impressed with the arguments of Mr. Bush’s lawyer representative, Solicitor General Paul D. Clement, that he didn’t feel the need to ask a single question– are all on his side. Well, Mr. Roberts and Mr. Alito certainly are, but Mr. Roberts can’t vote on this one because, as a Federal Appeals Court justice, he already voted in favor of Mr. Bush’s position. He might at least have asked a question or two. I think Mr. Thomas did at least ask for a new crayon after a rapid-fire exchange of barbs between Mr. Clement and Justice Souter.

My fellow Americans, consider for a moment that in a case before the Supreme Court which many people consider to be one of the most pivotal in decades in terms of its impact on executive power and judicial process, Justice Clarence Thomas asked not a single question. He wasn’t even curious. He didn’t know what the hell Souter was all holy and loud about. Shut up Ginzburg! Kennedy, what the hell are you whining about? Is it dinner time yet?

Some brilliant artist out there should create a giant painting, a Guernica of American civil justice, called “Thoughts Entering the Head of Clarence Thomas as the Solicitor General Offered to Relieve the Court of Habeas Corpus”. I’m not an artist but there is such a desperate need for this art work that I might just make an attempt at it myself.

Justice Scalia shouted, why are we even hearing this dispute? If the President wants to arrest people and jail them, hell, he doesn’t need our permission. But before Clement could leave, Mr. Kennedy grabbed him by the collar.

Commercial over? Go back to your tv. Hey, it’s Natalie Holloway that they’re putting on trial…. Ha ha! Just kidding. What do you think this guy’s chances are?


On Osama Bin Laden’s Former Chauffeur

Imagine, if you will, an entire Supreme Court made up of Justice Clarence Thomas’s. This court would plow through a hundred cases in a month– not a single question would be asked of the lawyers arguing the cases! Whatever the government asks for, it receives. Whatever a defense lawyer asks for is denied. Criminals would not have been arrested if they had not been doing something wrong. If your creek is poisoned, move to another creek. If you think the government has secret information about you, tell us what it is and we’ll find out if it was wrong for them to obtain it. It is possible that your gender had nothing to do with your chances of being sexually harassed by your white male middle-class boss.

Life is simple and sweet.


Clarence Thomas’ thoughts on due process must be somewhere down here.