A Most Important Lawsuit!

Quitely behind the scenes without fanfare and media attention, the Thomas Moore Law Center and its team of attorneys go about the serious business of defending conservative values in the courts.  On December 15, 2008 the Thomas Moore Law Center, on behalf of its client, Kevin J. Murray filed his Complaint against the United States government in the United States District Court for the Eastern District of Michigan.  Specificially, the named defendants are the Secretary of Treasury, and the Board of Governors of the Federal Reserve System.  The Complaint seeks relief from the government’s illegal action of owning and funding a religious organization/business/institution in violation of the Establishment Clause of the U.S. Constitution.  This lawsuit seeks to force the divesture of billions of taxpayer monies from a business organization that owns/operates and perpetuates religious extremeism.  Without writing another sentence, whether you are a Liberal, Conservative, Independent, Republican, Libertarian, Democrat, or Green, I should now have your attention.  Like it or not, your government is now unconstitutionally entangled with Islam!

Background:

“Plaintiff Kevin J. Murray is a United States citizen, a resident of Washtenaw County, Michigan, a federal taxpayer, and a devout Catholic. Plaintiff is also a former U.S. Marine who served honorably in harm’s way to defend our country (the United States) against Islamic terrorists.”  See  paragraph 11 of Complaint.  The designated federal judge on the case is the Hon.  Lawrence P. Zatkoff.  The magistrate judge assigned to the case is Mona K. Majzoub.1  Federal District Judges are appointed to the bench by the President for life by authority of federal statute.  Federal Magistrate Judges are appointed by the District Court Judges for eight year renewable terms.  Magistrate Judges have about as much power and authority as the District Judges want them to have including that which is conferred upon them by 28 U.S.C. § 636.  The Magistrate can often be the “decision maker” on any number of dispositive procedings or issues in a case notwithstanding that there is a “District” Judge assigned to the case.  The idea behind district judges being appointed for life by authority of a Congressional statute is that judges appointed for life would be free from influence based upon a fear of not being reelected because of how they may decide a case or controversy.  This is not the case for magistrate judges.  Obstensibly because of an overwhelming case load, Congress passed 28 U.S.C. § 631 et seq. which authorized the hiring of magistrates to assist the district court judges in handling their case loads.2

Murray complains that the U.S. Government’s involvement with AIG violates the Establishment Clause of the U.S. Constitution because it allows the government to be directly, and indirecly involved with religious activities, specificially, the Islamic Religion by and through Shariah-based Islamic religious practices and activities.  In simpler terms, AIG is directly and indirectly involved with anti-American and anti-Jewish activities—which violates the Constitution and it offends that which is right, just, and moral under the standards and principles that the U.S. was founded. An aside is that if AIG were controlling, funding, and directly or indirectly involved with a Christian organization, the a/k/a  “right-wing” conservative extremistism, I would not likely be writing this article because it would be all over the mainstream media and the Liberals would be screaming daily until it ceased.  Even with that said, which is irrefutable in fact, I am still amazed that Liberals do not appear to be concerned or upset by the funding of AIG by and through their own tax dollars.  After all, there are Liberal taxpayers, right?

Procedure:

A defendant normally has 20 days in Federal Court in which to file and serve and file an answer to a complaint in federal court.  If the defendant is the United States (or one of its agencies), the defendant has 60 days in which to file its answer.  In this case, the Defendants’ Answer was required to be filed and served on Murray in February of this year however, that time line is interrupted if the defendant files a certain type of motion prior to answering the complaint; which is what has taken place in this lawsuit.  Treasury Secretary Geithner and the Federal Reserve have not filed an answer to the complaint but have instead filed a Motion to Dismiss.3  The Defendants’ Motion to Dismiss was filed February 27, 2009.  Murray filed his Response to the Motion on March 18, 2009.  The disposition of the Motion by the court is pending.  Of course, we will not know whether the Magistrate Majzoub will rule on the defendants’ motion or whether Judge Zatkoff, himself will rule on the issue.  If Geithner and the Board of Governors’ motion is denied, then obstensibly the defendants’ answer to the complaint will have to be filed with the court within a few days.  If the motion is granted, then I suspect the plaintiff here will appeal the decision to the Federal Court of Appeals (Sixth Circuit).  In any event, we await the court’s decision on the motion to dismiss.  Although this case is extremely important to all Americans, it is likely that the main stream media will not cover the court’s ruling on the motion therefore, I plan to monitor this case and report on the court’s ruling when it comes out.

One Reason You Should Care:

The first reason you care is that AIG (American International Group)  has received about $170 billion in government bailout funds (so far), from which it paid $454 million in retention awards and bonuses since March,  That’s approximately $2,300 per U.S. family of their tax dollars being invested in AIG and its subsidiaries.4  The U.S. Government owns a controlling interest in AIG.   If you were being asked to stroke a check for $2,300 right now; wouldn’t you want to know who, what, and how the money was going to be spent?   Of course you would.   It is sad that most Americans still have not woke up and smelled the coffee to the fact that they (the U.S. people) now own the majority and controlling interest in AIG and have a right to know, and control how and where their invested funds are being used.  Regardless of what your political or religious beliefs are, you should care how $170 billion dollars of taxes are being spent just from the veritble amount of $ involved.

Second Reason You Care, or Should Care:

AIG engages in activities that are “antithetical to our Nation’s values.”5   Given the fact that most U.S. citizens are “infidels” as defined by Islamic tenants; the activities that the $2,300 per family is earmarked for are directly against that which the taxpayers themselves believe in and stand for.  How ironic is that?   And of course, I assume that infidels care about the$450 million paid out in bonuses to AIG employees since they became majority owners.  Because taxpayer funds were expended by the U.S. Government to acquire a majority ownership interest in AIG, the Plaintiff here and you are being forced to contribute to offensive anti-American activities not to mention the direct anti-Christian and anti-Jewish purpose of the activities.  You have no choice whatsoever unless you stand up and demand accountability by Congress as to where and how your tax dollars are spent.  Perhaps, in reality, today’s taxpayers are apathetic because it is not this generation that will truly suffer i.e., actually have to pay for the Congressional indiscretion to the degree of pain the next two generations will suffer.  I suspect that you would really give a damm if you truly understood that the money invested is directly supporting Islamic extremeist’ activities whose chickens may come home to roost in your front yard–soon.

Third Reason You Care, or Should Care:

The law passed by Congress that respects the establishment of religion was the Emergency Economic Stabilization Act of 2008 (12 U.S.C Sec 5201 et seq.).  The EESA was/is an express mandate by Congress for the appropriation of your funds to be used to purchase troubled assets from any fiancial institution including any insurance company established under the laws of the United States.  Murray v. Geithner seeks to protect one of our most fundamental constitutional rights.  In the First Amendment, therein lies the Establishment Clause; “Congress shall make no law respecting an establishment of religion.”   How can anyone argue with this issue which slaps you in the face.  Congress authorized billions of dollars earmarked for the purchase of controlling interest in a business enterprise i.e., AIG.  It is irrefutable that AIG owns subsidiaries, divisions, or whatever which are engaged in Shariah supportive activities.  Moreover, AIG has insurance products that are fully and completely designed to be Shariah compliant.  For a more in-depth description of AIG’s Shariah compliant insurance products see my January post on AIG.   Murray is standing up for your right to demand that your tax dollars are not spent supporting Islamic terrorism.  On one hand we are spending billions in the “war on terror,” yet on the other hand, we are allowing our public owned entity–”AIG” to propagate Islamic beliefs and practices predicated upon Shariah law and/or through its own Shariah compliant financial products offered to the public.

Fourth Reason You Care, or Should Care:

There is a second component to the First Amendment; Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof... is referred to as the Free Exercise Clause.  Stately simply, the argument should also be made that because the Government is now directly and indirectly supporting Islamic principles, by and through its funding and controlling ownership interest in AIG, it is in effect violating the Free Exercise Clause as well.  Islam and its attendant principles divide the world into two groups diametrically opposed to each other.  One group is the house of Islam where Islamic law rules.  The other group is the Dar Al Harb, the house of war–infidels (huffars, non-believers) which includes Christians and Jews.  The basic fact of the matter is that Islam is comprised of inseparable political and religious dogma which condemns other religions.  Through such condemnation, Islam is blatantly against the very core of both First Amendment clauses.  If you are supporting Islam, you necessarily are prohibiting the free exercise of other religion.  The logic is straight forward.  The Government owns AIG.  AIG owns business enterprises and merchandises Shariah compliant financial products which are specifically supporting Islamic organizations.  Islam and its Shariah compliant organizations and enterprises are anti-American, anti-Jewish and anti-Christian.  Simple logic dictates that if you invest in Shariah compliant companies your investment dollars are being directly used to prohibit the free expression and free exercise of religion. This is a violent attack on the First Amendment.

The Fifth Reason You Care, or Should Care:

The fifth reason you care, or should care, about Murray v. Geithner is that the Government is of course, fighting the lawsuit.  The Government is not yet fighting the lawsuit on the facts or “merits” of the case yet.  Rather than answer the complaint with written admissions or denials, the Government has chosen to date to fight the lawsuit on the basis of procedural arguments i.e., the principles of “standing,” and jurisdiction.  The last thing you should want to see happen here is that a court decides that Kevin Murray does not have standing to sue.  ’Standing” is the legal principle which a plaintiff must have suffered some direct or substantial injury or be likely to suffer such an injury if a particular wrong is not redressed. A defendant must be the party responsible for perpetrating the alleged legal wrong.7  The United States Supreme Court has historically made it extremely difficult for a taxpayer to challenge the expenditure of funds in support of policies or programs that he is forced to support.  However, in a very important case, Flast v. Cohen, 392 U.S. 83, 88 S. Ct. 1942, 20 L. Ed. 2d 947 (1968) a taxpayer was granted standing to challenge expenditures that would benefit parochial schools.

Geithner’s Motion to Dismiss the lawsuit and its attendant arguments are included here .   The Plaintiff’s Response to the U.S.’s Motion to Dismiss the case is available from the Thomas Moor Law Center for your download.  In the meantime at You Tube, The Future of Western Civilization gives you plenty to think about as your tax dollars assist the expansion of culture that wages a Jihad against you.

Leave a comment please and I invite you to Digg it, leave a Kudo, or a give me a Technorati vote even if you disagree with my position. Thanks for coming by.

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1. 1.  Mona K. Majzoub was a founding Board Member of the American Arab Anti-Discrimination Committee (ADC), Michigan Chapter in 1980. She served as President of the Arab American Bar Association from 1987 - 1994, after holding the office of Treasurer of the same organization from 1982 - 1986.
2. 2.  Congress could have authorized more District Court Judges rather than authorize the delgation of the extrmemely important duties of a district court judge to a judicially appointed powerful magistrate with somewhat unfettered power?
3. 3.  See Fed. R. Civ. P. 12(b)(1) and/or Fed. R. Civ. P. 12(b)(6).
4. 4. Based upon a family being four people and the total U.S. population equaling 300 million people.
5. 5.  See Complaint, Paragraph 4.
6. 6.  See, http://en.wikipedia.org/wiki/Free_Exercise_Clause
7. 7.  See http://topics.law.cornell.edu/wex/Standing

The Executive Orders Re Guantánamo Bay (GITMO):

People on both sides of the political isle argue that Executive Orders are an abuse of power by the President.  Many experts argue there is not a grant of power in the Constitution to the President to authorize use of Executive Orders.  The folks that justify the use of Executive Orders argue that under Article II, Section 3 of the Constitution, which states that “. . .he (the President) shall take Care that the Laws be faithfully executed, . . .”  the President can issue Executive Orders.  The argument is bizarre.  Having a responsibility to execute laws created by Congress should not be turned on its head to justify the President’s use of Executive Orders to create new laws, but it has.  Executive Orders (EO’s) do suck.   The President uses EO’s to abrogate citizen’s rights (and others) without any debate.  EO’s are used to play political football with various issues that have not been taken before the American people and/or issues that Congress should act upon.  One President comes into office and uses and EO to forbid funding of project A.  Another President comes into office a few years later and repeals the previous EO and thus does order the funding of project A.  Doesn’t the House of Representatives have the purse strings?  Congress is supposed to decide what is funded (or not) and then the President should “take Care” to execute the funding mandate–not decide whether to fund the project or not.

What are the acceptable disposition alternatives for the detainees?

First I note that the reports provided by major news media omit questionable but important nuances contained in Obama’s Executive Order  (EO) of January 22, 2009 entitled: Review and Disposition of Individuals Detained at the Guantanamo Bay Naval Base and Closure of Detention Facilities.  The preamble to the EO states that “. . . in order to effect the appropriate disposition of individuals currently detained. . .”  Under Section 3, the EO proclaims that the detention facilities shall be closed as soon as practicable, but no later than one year from the date of the order.  No one can say what “as soon as practicable” means but under no circumstances should the detention facilities remain operable for more than one year.  On the other hand, I would like someone to explain to the public how the “appropriate disposition of the detained individuals” is effectuated by closing the facilities.  Moreover, how is the closing of the facilities an appropriate disposition of terrorist combatants?  How can you order the facility to be closed without a disposition plan?  Obama’s answer to that is that he has created a “task force” to study alternatives and to review all the prisoner’s background, status, and whether “some may” be deserving of prosecution.  What if there are no real acceptable alternatives with respect to the terrorist detainees, in light of the language contained in the EO which mandates the closing of the facility within one year?  The omission of any provision in the EO concerning that issue is glaring.  It is very probable that the detainees will be there one year from now.

Are you smarter than a 5th Grader?

I would love to see a survey of American citizens in which they are asked; Where is Guantanamo Bay?  I would surely wager that very few Americans know where it is, or what it is.  Nevertheless, it has become a topic priority for Obama and the politically correct subject of one of his first Executive Orders.  During his campaign for President, Obama promised his voters that he would shut Gitmo down; as if that was some sort of righteous act that was long overdue.  Despite there being many valid arguments to keep the Naval base open, Obama has directed that Gitmo be closed one year from now by EO.  He doesn’t have a plan on how to close Gitmo or what is to become of the combatant detainees held there. 

Soon after Obama was elected, I made myself a promise that I would diligently track his Executive Orders and write appropriate blog posts as a way of keeping myself informed and to assist in contributing to the goal of keeping the folks informed.  In the days leading up to the inauguration, I anxiously waited for the Executive Orders to start flowing and what the subjects of the orders would be.  No doubt I will have much to write about during the next four years.

Guantanamo Bay (“GITMO”) Is A Great Real Estate Investment.

The military has referred to Guantanamo Bay as “Gitmo” for years.  Gitmos is the U.S. Naval Base in Cuba and is the oldest U.S. base overseas and the only one in a Communist country.   Located on the southeast corner of Cuba, in the Oriente Province, the base is about 400 air miles from Miami, Florida.  While serving in the United States Navy, I “visited” GITMO a couple of times on Liberty call.1  As I recall, you almost had to kick sailors off the ship to get them to take advantage of this port of call and all that it offered!  Not a vacation spot to say the least.  I am proud to say that I have not been to GITMO since 1973 however, I do recall there were an impressive array of U.S. capital improvements on the base even back then.

The legal basis for the U.S. to operate a Naval Base at Gitmo is from a Treaty lease arrangement that was last ratified in 1934.  The original lease arrangement was negotiated by President Theodore Roosevelt in 1903.  Unless the U.S. abandons the real estate, the terms of the lease require that both parties have to consent to the termination of the lease agreement.  The Cuban negotiating representatives were not real sharp back then.  They probably had hopes that Cuba would someday become a State.  In any event the lease costs the U.S. $2,000 in gold coin per year according to the 1934 Treaty.  The territory is 45 square miles of real estate and thus costs U.S. taxpayers about $45.00 in gold per square mile per year.  

The major news media is not reporting it, but the Executive Order signed by Obama does not state that the Naval Base is to be “shut down,” just the detention facilities situated on the base.  There are several Naval Operations located at Gitmo under separate commands.  None of the other government and military operations are the subject of the Executive Order.  It does not appear that the U.S. will abandon this valuable Territory of which it has had sovereignty over for more than sixty years.  

As far as what Obama might do with the detainees at Gitmo, its anyone’s guess.  I have a suggestion.  Sometimes the answer to difficult issues is right in front of our face.  This is one of those situations; Obama’s answer is right in front of his nose.  Remember the Iraq prison that was “shut down” and turned over to the Iraq government–the Abu Ghraib prison.  It was just announced today that the Iraq government has decided to reopen the prison but under a new untarnished but catchy name–the Baghdad Central Prison.  It makes sense that we simply transfer the enemy combatant’s to the Baghdad Central Prison as an additional quid pro quo for pulling out of Iraq in accordance with the Obama plan.2

It is reported at a blog that until just a few weeks ago, the U.S. military operations in Iraq were holding 15,000 detainees suspected of various terrorist activities.  Under an agreement with Iraq, the U.S. had to either charge the detainees with something or release them to the Iraqi Justice system (whatever that is) or otherwise set them free.  We do not yet know the disposition of these 15,000 detainees but we do know that the Abu Ghraib prison has been empty for the last two years.  Whatever, the case, the Iraqi government appears to be ready, willing, and able to process thousands of terrorist detainees through its justice system–a few more from Gitmo should not present a problem.  Given Obama’s extreme desire to use diplomacy to solve the terrorist problem, we should all be confident that Obama can use the appropriate diplomatic channels to form an agreement with Iraqi officials that would guarantee the safety of U.S. citizens against any possible attack from the Gitmo detainees.  Let the Iraqi government deal with the problem.  There’s the plan Obama–throw it down. No reason to spend money on yet another task force.  

But Wait; There Is A Money Making Alternative for GITMO. 

It is also reported that the Iraqi prison space is in shortage.  If the Iraqi government continues to process thousands of detainees through its justice system while prison space demands outpace prison construction, then the U.S. Taxpayers are presented with a fortuitous opportunity to make some coin.  It could be that Win-Win situation politicians are always looking for.  Rather than close the ready built prison-detention facilities at GITMO, Obama could “directly” negotiate a sub-lease Treaty with Iraq whereby the Iraqi government can take over GITMO detention operations immediately.  The U.S. would not have to transfer any of the current detainees at all–simply hand them over to the Iraqi justice system.  Let the Iraqi government spend a few bucks in legal due process thus savings U.S. taxpayers billions in legal prosecution costs.  Now that’s a plan!

 

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1. You won’t find a definition for Liberty Call in Wikipedia so I plan to create one. Liberty call is generally the call to deserving sailors by the ship’s Commanding Officer that the sailors are free to leave ship to enjoy time off the ship at a particular port of call.
2. Obama’s plan to withdraw troops of course is subject to “what’s happening on the ground.”

It was here in this sleepy little hollow of South Chicago that the American dream was redefined and shared with all of us.  In this place, this Illinois community, a Great Organizer would rise up to eventually create a new kind of lifestyle: Change, a new dream, non-entrepreneurial, and protected.  In 2004, it was a discovery of human brilliance by the Democratic Party, almost by accident.   In Boston, at the 2004 Democratic Convention, The Great Democratic One, Edward “Ted” Kennedy openly shared the stage with Him.  After He spoke, everyone seemed to know that lifeʼs complex struggles were soon to be no more.  The One1, has arrived.   Barack (blessed) Obama is his name.

Yes, the long arduous search for a transcendent level of wisdom, charm, and rhetoric is over, He was elected as President less than a fortnight ago.  From Kenya to Venezuela, from Berlin to Johannesburg, there were people dancing in the streets, the fields, the deserts and the jungles.  “Yes, we can!” they paradoxically chanted.  “Bail us out!” they all screamed.  There were women crying in the streets with huge tears of sweetness–many lost their eyelashes.  Whoopi Goldberg finally unpacked her bag and no longer fears becoming a slave.  Kenya has ordained a national holiday in His Name.  All across America, word processing spell checker dictionaries have learned the two new words–Barack Obama.

One could say that the old American Dream began in 1849, the year “. . . thousands of young people streamed west in unison . . . with a collective . . . dream for a lifetime of riches.”3 These thousands of Americans feverishly going west to stake their claim in the California Gold Rush were dubbed “forty-niners.” Gold became the dreamweaver for a new kind of life where one would work hard for a short while and become rich. Today we contrast the Gold Rush of 1849 to a gold flush of the Treasury and our economy.

The new American Dream: to not have to solve your own problems, to not concern yourself with quickly becoming rich, nor to make a fast fortune.  Instead, instant affordable, if not free, education for all young people 18 to 29 years old will be the new law.  On-the-spot welfare is upon us and available for the taking.  Folks will soon be screaming, “No more taxes!”  In Red States and Blue, men, women and “young voters” will soon text and Twitter the Organizer for a handout.  Young folks will soon ask for and receive that free education.  Poor people throughout this country will now expect and receive free gas and have their mortgage payments made by the government.  The Organizer will quickly command that the price of gas be lowered.  The commuters will cheer because they no longer have to worry about the amount of air in the tires on their cars.

Within His first hundred days, The Organizer will:

• Eliminate all home mortgage foreclosures;
• Command free health care for everyone without further ado;
• Give rise to a new “Fairness Doctrine” which will ban all Republican
  radio talk shows thus, clean up the polluted air ways.

The Organizer will stop the Iraq war immediately (depending on the conditions on the ground). Osama bin Laden has a renewed fear for his life. The Organizer has vowed to hunt him down and kill him! Pakistan will no longer be concerned about our planes and troops violating its sovereignty.

Stimulus packages will be available and flushed out regularly from the Treasury. With the support and assistance of other Great Democrats, Pelosi, and Reid; The Organizer will tax the evil rich, take their gold, spread it around and give it to the poor. “Long live Barack Obama” they will shout! The rich people, those that make more than $___________ ? a year will despair, many will turn to poker, gambling and other sinful behavior. Exasperation and vexation will run rampant in the empires of the wealthy.  They will hide their gold, but The Organizer will find it and extract it from their greedy hands. Wall Street will no longer rule. Ultimately, there will no longer be rich, only middle-class. Everyone will be the “average Joe.”

Peace will come throughout the world. Chevaz, Castro, and Ahmadinejad will be making travel plans soon for a trip to the Great White House. Construction on a new Cuban Embassy will begin shortly. Iran will drop all nuclear research and production without delay.

Jessie Jackson, Jr. will soon replace The Organizer in the U.S. Senate and their will be brotherly love again between Jessie Jackson and The Organizer. Change has arrived and all the people will come together as one. Thousands of young people will volunteer to serve their country and begin forming the New Civilian Security Force to help protect us all.

Also, within the first hundred days, the Great Liberal Justice from Chicago, Illinois, Justice John Paul Stevens will retire so The Organizer can appoint a fair-minded Justice; a Justice that will look out for the poor and under privileged. Senator Clinton will replace Biden as a member of the Judicial Committee. The ten current nominees for appointments to the Federal Courts of Appeal will be cast aside and The Organizer will fill the twelve vacancies with folks that suffered injustice; or with people raised in single parent homes, and the like. Senator Clinton and Senator Leahy will help get it done. Yes, the same will happen with the twenty-eight vacancies at the District Court level and the current sixteen nominees.

All across America, even in the Red States, folks know in their hearts that their troubles will soon depart. Every victim of any kind, size, age and gender lacking a cell phone or computer will make their way to The Great Organizerʼs new home in Washington D.C. seeking the new American Dream. Some will walk, some will travel by train, others by plane–“no matter how you get here, just get here if you can,” He will say. Someone asked; “but, wait, what shall we call them?” The two Davids replied, “08ʼers.”

The Organizer will say, “yes, out of this long political darkness a brighter day has arrived. I am that brighter day.” It will be one of the greatest misadventures that the World will see.

The Gold Flush begins!

 

 

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1. Dubbed The One by Oprah Winfrey.
2. “Barack Obama was originally named ‘Baraka.’ It is not an African name. It’s an Arabic word meaning “blessed” and comes directly from the Koran.”
3. http://www.isu.edu/~trinmich/fever.html