Monday, November 10, 2008

PEGC Update

2008.08.09 - PEGC Update
==========================

1) OBAMA WINS

CNN --

November 4, 2008
OBAMA'S VICTORY SPEECH

http://edition.cnn.com/2008/POLITICS/11/04/obama.transcript/


2) THE DETAINEE CASES

There's quite a bit going on these days; for the details, see the outstanding reports by Lyle Denniston at SCOTUSblog linked below.

But now the election has created a very interesting situation. In two months, the government's view of the law in these cases is going to change, and change a lot. The question is how much and how soon, and it's clear that DOJ is a mess that will require major house cleaning of both personnel and legal policy. It will be very interesting to see how the new administration deals with it.

Then there's DoD, and all I'm going to say about that is that I think it would be a VERY bad idea to keep Gates as Secretary of Defense -- DoD is almost as rotten as DOJ is.


SCOTUSBlog --

November 7, 2008
US DEFENDS INDEFINITE DETENTION POWER
by Lyle Denniston

http://www.scotusblog.com/wp/us-defends-indefinite-detention-power/

November 6, 2008
RULES SET FOR 113 DETAINEE CASES
by Lyle Denniston

http://www.scotusblog.com/wp/rules-set-for-113-detainee-cases/

November 5, 2008
SHOWDOWN OVER DTA'S FUTURE
by Lyle Denniston

http://www.scotusblog.com/wp/showdown-over-dtas-future/

November 4, 2008
CIRCUIT COURT: DTA PROCESS IS PROBABLY DEAD
by Lyle Denniston

http://www.scotusblog.com/wp/circuit-court-dta-process-is-probably-dead/


D.C. CIrcuit --

November 4, 2008

BASARDH (ISN 252) v. GATES, No. 07-1192

On Motion to Hold Case in Abeyance or,
in the alternative, Dismiss Without Prejudice

Before: HENDERSON, RANDOLPH, and BROWN, Circuit Judges.

http://pacer.cadc.uscourts.gov/common/opinions/200811/07-1192-1147407.pdf




3) THE ELECTION RESULTS

From various sources...

* PRESIDENT / POPULAR VOTE (Associated Press)

Barack Obama (Democratic) - 65,431,955 (52.6%)

John McCain (Republican) - 57,434,084 (46.1%)

Ralph Nader (none) - 679,149 (00.5%)

Bob Barr (Libertarian) - 499,912 (00.4%)

Chuck Baldwin (Constitution) - 180,780 (00.1%)

Cynthia McKinney (Green) - 146,539 (00.1%)

[ 2004 - Bush 62,040,610 (50.7%), Kerry 59,028,444 (48.3%) ]

[ 2000 - Gore 50,999,897 (48.4%), Bush 50,456,002 (47.9%) ]


* PRESIDENT / ELECTORAL COLLEGE

Obama 365 (67.8%), McCain 173 (32.2%)

Those numbers assume that McCain's lead in Missouri holds up and Obama wins the
electoral vote for the 2nd Congressional District of Nebraska.


* US SENATE

Democrats 55, Republicans 40, Independents 2, PENDING 3


* US HOUSE OF REPRESENTATIVES

Democrats 255, Republicans 174, PENDING 6


* STATE GOVERNORS

Democrats 29, Republicans 21


* STATE LEGISLATURES

Democratic Control - 27

Republican Control - 15 (includes Nebraska, which is formally non-partisan)

Split Control - 8


Congressional Quarterly --

November 7, 2008
SOME HOUSE AND SENATE SEATS MAY TAKE WEEKS TO RESOLVE

http://www.cqpolitics.com/wmspage.cfm?parm1=2&docID=news-000002983927


Politico --

November 8, 2008
THAT HUGE VOTER TURNOUT? DIDN'T HAPPEN
By David Paul Kuhn

http://www.politico.com/news/stories/1108/15422.html


FiveThirtyEight.com --

November 9, 2008
2010 SENATE RANKINGS, PART I: RACES #21-#35
by Nate Silver

http://www.fivethirtyeight.com/2008/11/2010-senate-rankings-part-i-races-21-35.html



X) OP ED

Harper's --

November 9, 2008
SCHILLER - FREEDOM'S HYMN
by Scott Horton

http://harpers.org/archive/2008/11/hbc-90003825


San Francisco Chronicle --

November 7, 2008
ELECTION DAY REPORT
by Jon Carroll

http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2008/11/07/DDLS13UPS0.DTL


JURIST --

October 23, 2008
THE CASE AGAINST A NATIONAL SECURITY COURT
by Jordan Paust

http://jurist.law.pitt.edu/forumy/2008/10/case-against-national-security-court.php


Mark R. Shulman, THE FOUR FREEDOMS: GOOD NEIGHBORS MAKE GOOD LAW AND GOOD POLICY IN A TIME OF INSECURITY, Pace University School of Law.

http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1287160

* * *


PROJECT TO ENFORCE THE GENEVA CONVENTIONS (PEGC)
http://www.pegc.us

PEGC Blog
http://pegc.blogspot.com/


Charles B. Gittings Jr.
Fort Bragg, California

cbgittingsyahoo.com

+1-707-964-2151

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