Legal group awarded 1/2 million tax dollars for ridding courthouse of 10 Commandments
Posted: November 25, 2004
1:00 a.m. Eastern
By Ron Strom
� 2004 WorldNetDaily.com
A new online petition asks Congress to change a specific civil-rights statute in hopes of preventing the American Civil Liberties Union from collecting attorney fees from taxpayers of local governments the organization takes to court.
The effort � spearheaded by Craig McCarthy of CourtZero.org, a site dedicated to stemming judicial activism � seeks to change 42 U.S.C., Section 1988, of the United States Code. The statute now allows judges to award attorney fees to plaintiffs in civil-rights cases brought against local governments, thereby putting the taxpayers on the hook and oftentimes funneling public money to the ACLU. McCarthy wants the law changed so cases involving the Establishment Clause of the First Amendment would not apply.
When the ACLU takes a city to court claiming a Christmas display violates the Establishment Clause, for example, if the municipality loses, the city's taxpayers would not have to pay ACLU attorneys. Ending the financial incentive, McCarthy says, would cause the ACLU to decrease their anti-religion litigation.
"Asking the ACLU directly to cease their destructive behavior is unlikely to have much impact," McCarthy told WND, "but cutting off public funding of their activities would be both doable and effective."
McCarthy gave some examples of the effect of the current law, citing the case of Los Angeles County, which was threatened by the ACLU over its seal, which contained a small cross. Many law firms offered to defend the county against the ACLU for free in that instance, but the county didn't accept the offer. McCarthy says it's because the real expense for the county would be in paying the ACLU's attorney fees if it were to ultimately lose the case.
"Even if they get free attorneys, if they lose, the county's on the hook," he explained.
McCarthy also mentioned the Ten Commandments case in Alabama involving Judge Roy Moore, saying taxpayers there were ordered to pay the ACLU "at least half a million dollars."
Though he says he understands the reasons for the fees, he thinks the Establishment Clause cases have gotten out of hand.
"I don't want to throw out the baby with the bathwater," McCarthy said, "but I think it would resonate with most people. The Establishment Clause cases have gotten silly. We've been doing this for 30 years about everything � it's like the ACLU is going from town to town" looking for things to sue over.
"If you want to litigate Establishment Clause cases, have at it," he said, "but it shouldn't be taxpayer-supported anymore."
The online petition states, in part: "The ACLU has declared war on the Boy Scouts of America, the military of the United States, Christmas displays, public buildings that display the Ten Commandments, and many other American traditions. �
"The vast majority of taxpayers do not want to be forced to pay the ACLU to sue their neighbors and friends in the ACLU's efforts to strip America of all signs of faith. �
"We, The People, call upon our elected representatives to amend U.S.C., Section 1988, so that fees are not awarded to the ACLU or any other plaintiff in Establishment Clause cases. We wish for the Free Expression Clause to implicate at least the same financial incentives as attacks upon faith currently have."
The Establishment Clause of the Constitution says, " Congress shall make no law respecting an establishment of religion. �"
Stop ACLU before going to court
Attorney Mathew Staver says he understands McCarthy's point but believes there's a better way to go about it. Staver is president and general counsel of Liberty Counsel, a nonprofit religious-liberties law firm.
"What Congress ought to do is pass a statute that cuts back the standing of the ability to bring Establishment Clause claims," Staver said, which would limit who could file such a suit.
He says currently anyone who is "offended" by what they see, a Ten Commandments display, for example, can bring suit.
"You can't do that in any other area of litigation," Staver said. "You've got to have a personal, direct injury. �
"They need to get to the root of it, and the root of it is not whether the ACLU can get attorneys' fees," he told WND. "The root of it is who can bring these lawsuits."
Staver noted that the Supreme Court ruled against atheist Michael Newdow in the Pledge of Allegiance case because he didn't have "standing" or authority to actually bring the suit.
He said he's opposed to eliminating the provision for attorney fees for Establishment Clause cases.
Instead, he said, "you ought to stop them before they can get to the courtroom."
The attorney said there are some discussions on the federal level about limiting the standing on Establishment Clause cases.
Destroying the cross
The American Legion Department of California earlier this year passed a resolution also calling on Congress to eliminate the financial incentives for the ACLU in Establishment Clause cases.
It asks Congress to "amend 42 U.S.C., Section 1988, to expressly preclude the courts from awarding attorney fees under that statute, in lawsuits brought to remove or destroy religious symbols."
According to a report in the Record Gazette or Banning, Calif., the resolution was sparked by the decision of the Ninth Circuit Court of Appeals upholding the ACLU's claim that the solitary cross at what is now officially the Mojave Desert Veterans Memorial violates the First Amendment and must be taken down.
Robert Castillo is a member of the veterans group and was part of the D-Day Normandy operation of World War II.
"I can't believe that Congress is allowing judges to give the ACLU thousands of dollars to sue to get rid of a cross at a veterans memorial when we are sending kids to war again to defend our freedom against terrorists," Castillo told the paper.
"The ACLU has gone too far. There are 9,000 crosses and Stars of David at Normandy. My buddies are buried there. If the ACLU can destroy the cross at the Mojave Desert Veterans Memorial, then they can destroy the crosses at Normandy, or Riverside Veterans Memorial Cemetery, or Arlington National."
McCarthy says he hopes to get some signatures on the petition and then begin "shopping it around" Capitol Hill for sponsorship.
Thursday, November 25, 2004
Saturday, November 20, 2004
Iraqi archbishop: Media misinforming 'There is no organized resistance,' much in country 'positive'
Posted: November 20, 2004
� 2004 WorldNetDaily.com
Contending there is no substantial organized resistance among the people, an Iraqi archbishop charged the Western media with issuing "misinformation" about his country by focusing only on terrorism carried out largely by foreigners.
Chaldean Archbishop Louis Sako of Kirkuk said in an interview with AsiaNews that it's "not all death and destruction" in Iraq, with many anticipating elections as an opportunity for a new beginning.
"Much is positive in Iraq today," he said. "Universities are operating, schools are open, people go out onto the streets normally."
When there is a kidnapping or homicide, the news gets out quickly and "causes fear among the people," Sako told AsiaNews.
But the archbishop insisted "there is no organized resistance" among Iraqis.
"Those who commit such violence are resisting against Iraqis who want to build their country," he said. "Iraqis instead are resisting against terrorism and are not carrying out attacks, which instead are the work of foreign infiltrators."
Saudis, Jordanians, Syrians and Sudanese have entered Iraq to fight against coalition forces, he said.
"Prime Minister Allawi has said this as well," Sako pointed out. "And clearly, there are also Iraqi collaborators who, for money, help the terrorist hide."
The elections in January are an opportunity for a new start, a "new Iraq," he told AsiaNews, but the "Western newspapers and broadcasters are simply peddling propaganda and misinformation."
"Why is there so much noise and debate coming out from the West when before, under Saddam, there were no free elections, but no one said a thing?" Sako asked.
Absent Europe
The archbishop said Europe has been conspicuously missing from Iraq.
"Europe is absent, it's not out there; the United States is on its own," he told AsiaNews.
Europe "must help the Iraqi government to control its borders to prevent the entry of foreign terrorists," he said, but "also provide economic help to encourage a new form of culture which is open to coexistence, the acceptance of others, respect for the human person and for other cultures."
Sako warned Europe "must understand that there is no time to waste on marginal or selfish interests: The entire world needs peace."
Europe must act "because Europeans know the Middle East better than the Americans, they are culturally closer to Arabs, they are very familiar with the Palestinian problem and the situation in the Middle East."
"The Middle East needs help to rediscover peace and usher the Muslim countries into contemporary society, with its foundation of democracy and freedom," he told AsiaNews.
Sako warned that if "the Iraqi model fails, it will be a disaster for everyone. These terrorist groups will gain strength around the world."
He urged Western Christians to pray "not only for their fellow Christians, but for all Iraqis."
Even "a hardened heart can be touched by God," he said.
Asked about attacks on Christian churches, Sako said true Muslims have condemned them and emphasized that "Christians can be a tool for balance in Iraqi society and want to build a new and open Iraq which respects everyone's rights."
� 2004 WorldNetDaily.com
Contending there is no substantial organized resistance among the people, an Iraqi archbishop charged the Western media with issuing "misinformation" about his country by focusing only on terrorism carried out largely by foreigners.
Chaldean Archbishop Louis Sako of Kirkuk said in an interview with AsiaNews that it's "not all death and destruction" in Iraq, with many anticipating elections as an opportunity for a new beginning.
"Much is positive in Iraq today," he said. "Universities are operating, schools are open, people go out onto the streets normally."
When there is a kidnapping or homicide, the news gets out quickly and "causes fear among the people," Sako told AsiaNews.
But the archbishop insisted "there is no organized resistance" among Iraqis.
"Those who commit such violence are resisting against Iraqis who want to build their country," he said. "Iraqis instead are resisting against terrorism and are not carrying out attacks, which instead are the work of foreign infiltrators."
Saudis, Jordanians, Syrians and Sudanese have entered Iraq to fight against coalition forces, he said.
"Prime Minister Allawi has said this as well," Sako pointed out. "And clearly, there are also Iraqi collaborators who, for money, help the terrorist hide."
The elections in January are an opportunity for a new start, a "new Iraq," he told AsiaNews, but the "Western newspapers and broadcasters are simply peddling propaganda and misinformation."
"Why is there so much noise and debate coming out from the West when before, under Saddam, there were no free elections, but no one said a thing?" Sako asked.
Absent Europe
The archbishop said Europe has been conspicuously missing from Iraq.
"Europe is absent, it's not out there; the United States is on its own," he told AsiaNews.
Europe "must help the Iraqi government to control its borders to prevent the entry of foreign terrorists," he said, but "also provide economic help to encourage a new form of culture which is open to coexistence, the acceptance of others, respect for the human person and for other cultures."
Sako warned Europe "must understand that there is no time to waste on marginal or selfish interests: The entire world needs peace."
Europe must act "because Europeans know the Middle East better than the Americans, they are culturally closer to Arabs, they are very familiar with the Palestinian problem and the situation in the Middle East."
"The Middle East needs help to rediscover peace and usher the Muslim countries into contemporary society, with its foundation of democracy and freedom," he told AsiaNews.
Sako warned that if "the Iraqi model fails, it will be a disaster for everyone. These terrorist groups will gain strength around the world."
He urged Western Christians to pray "not only for their fellow Christians, but for all Iraqis."
Even "a hardened heart can be touched by God," he said.
Asked about attacks on Christian churches, Sako said true Muslims have condemned them and emphasized that "Christians can be a tool for balance in Iraqi society and want to build a new and open Iraq which respects everyone's rights."
U.S. Marine kills wounded insurgent ( Please Help This Marine By Signing the Below Petition !)
View Current Signatures - Sign the Petition
--------------------------------------------------------------------------------
To: U.S. Congress
Friday November 12 2004
U.S.Marines were fired upon by snipers and insurgents armed with rocket-propelled grenades from a mosque and an adjacent building. The Marines returned fire with tank shells and machine guns.
They eventually stormed the mosque, killing 10 insurgents and wounding five others, and showing a cache of rifles and grenades for journalists.
The Marines told the pool reporter that the wounded insurgents would be left behind for others to pick up and move to the rear for treatment. But Saturday, another squad of Marines found that the mosque had been reoccupied by insurgents and attacked it again.
Four of the insurgents appeared to have been shot again in Saturday's fighting, and one of them appeared to be dead, according to the pool report. In the video, a Marine was seen noticing that one of the insurgents appeared to be breathing.
A Marine approached one of the men in the mosque saying, "He's [expletive] faking he's dead. He's faking he's [expletive] dead."
The Marine raised his rifle and fired into the insurgents head, at which point a companion said, "Well, he's dead now."
The camera then shows two Americans pointing weapons at another Iraqi insurgent lying motionless. But one of the Marines step back as the insurgent stretches out his hand, motioning that he is alive. The other Marine stands his ground, but neither of them fires.
When told by the pool reporter that the men were among those wounded in Friday's firefight, the Marine who fired the shot said, "I didn't know, sir. I didn't know."
"You can hear the tension in those Marines' voices. One is saying, 'He's faking it. He's faking it,'" Heyman said. "In a combat infantry soldier's training, he is always taught that his enemy is at his most dangerous when he is severely wounded."
A Marine in the same unit had been killed just a day earlier when he tended to the booby-trapped dead body of an insurgent.
NBC reported that the Marine seen shooting the Iraqi insurgent had himself been shot in the face the day before, but quickly returned to duty.
About a block away, a Marine was killed and five others wounded by a booby-trapped body they found in a house after a shootout with insurgents.
Amnesty International has noted reports that insurgents have used mosques as fighting positions, and have used white flags to lure Marines into ambushes.
The Marine who shot the insurgent has been withdrawn from the battlefield pending the results of an investigation, the U.S. military said.
These terrorists do not follow the rules of war. These terrorists kill innocent women by disemboweling them, cut of the heads of innocent truck drivers, detonate car bombs in crowds full of innocent people, and fly planes into buildings filled with innocent Americans.
It is my opinion that NOTHING should happen to this American Marine. He should be returned to his unit or be given an honorable discharge. We don't need our young men and women taking an extra second to decide if its right to shoot an enemy terrorist when that could mean that one of our soldiers could lose their life. The lives of our soldiers should be the single most important factor in this war against terrorism. The rights of terrorists can come second.
Sincerely,
The Undersigned
View Current Signatures
--------------------------------------------------------------------------------
To: U.S. Congress
Friday November 12 2004
U.S.Marines were fired upon by snipers and insurgents armed with rocket-propelled grenades from a mosque and an adjacent building. The Marines returned fire with tank shells and machine guns.
They eventually stormed the mosque, killing 10 insurgents and wounding five others, and showing a cache of rifles and grenades for journalists.
The Marines told the pool reporter that the wounded insurgents would be left behind for others to pick up and move to the rear for treatment. But Saturday, another squad of Marines found that the mosque had been reoccupied by insurgents and attacked it again.
Four of the insurgents appeared to have been shot again in Saturday's fighting, and one of them appeared to be dead, according to the pool report. In the video, a Marine was seen noticing that one of the insurgents appeared to be breathing.
A Marine approached one of the men in the mosque saying, "He's [expletive] faking he's dead. He's faking he's [expletive] dead."
The Marine raised his rifle and fired into the insurgents head, at which point a companion said, "Well, he's dead now."
The camera then shows two Americans pointing weapons at another Iraqi insurgent lying motionless. But one of the Marines step back as the insurgent stretches out his hand, motioning that he is alive. The other Marine stands his ground, but neither of them fires.
When told by the pool reporter that the men were among those wounded in Friday's firefight, the Marine who fired the shot said, "I didn't know, sir. I didn't know."
"You can hear the tension in those Marines' voices. One is saying, 'He's faking it. He's faking it,'" Heyman said. "In a combat infantry soldier's training, he is always taught that his enemy is at his most dangerous when he is severely wounded."
A Marine in the same unit had been killed just a day earlier when he tended to the booby-trapped dead body of an insurgent.
NBC reported that the Marine seen shooting the Iraqi insurgent had himself been shot in the face the day before, but quickly returned to duty.
About a block away, a Marine was killed and five others wounded by a booby-trapped body they found in a house after a shootout with insurgents.
Amnesty International has noted reports that insurgents have used mosques as fighting positions, and have used white flags to lure Marines into ambushes.
The Marine who shot the insurgent has been withdrawn from the battlefield pending the results of an investigation, the U.S. military said.
These terrorists do not follow the rules of war. These terrorists kill innocent women by disemboweling them, cut of the heads of innocent truck drivers, detonate car bombs in crowds full of innocent people, and fly planes into buildings filled with innocent Americans.
It is my opinion that NOTHING should happen to this American Marine. He should be returned to his unit or be given an honorable discharge. We don't need our young men and women taking an extra second to decide if its right to shoot an enemy terrorist when that could mean that one of our soldiers could lose their life. The lives of our soldiers should be the single most important factor in this war against terrorism. The rights of terrorists can come second.
Sincerely,
The Undersigned
View Current Signatures
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