iGURU!’s – Weekly Review – 27th October 2019 “The law is what the judge had for breakfast” – Justice Jerome Frank ‘SOME JURISPRUDENCE’ Whether it likes it or not - and as a consequence of both the Brexit debacle and the Julian Assange ‘Show Trial,’ the UK legal system, has itself been on trial. Both matters have and more likely shall continue to raise, major constitutional issues, affecting the UK and its inhabitants, either directly or obliquely, in terms of the political and social ramifications of judicial action. The Brexit Prorogation case, raised among other things, the nature and limits of Prime Ministerial power. The Julian Assange case, is likely to shine a much needed spotlight on issues, such as political asylum & extradition, treatment of political prisoners and the fundamental - opaque, yet thorny issues of freedom of speech, Justice, Liberty, Journalist's and ‘Whistleblower’s’ rights etc... These are a heady and potentially toxic mix, which shall come to the fore politically, in the already confused, desperate and uncertain state of British politics. The ‘Boris Johnson Prorogation Trial’ was good public relations for UK Justice, the Supreme Court and the UK legal system generally. - However, that was a ‘celebrity case’ - only time will tell whether it is truly a ‘celebrated case.’ The world watched that drama - and they are still watching. A famous judge once remarked that ‘hard cases make bad law.’ The Julian Assange case is proving - and is likely to continue to prove to be a difficult one for the British judicial system. It’s a case – which will prove to be much more troublesome – since there is less room for ‘glamour’ and ‘hyperbole’ as the machinery of the British judicial system is put through it's trials. An ideal Judicial system should abide by the ‘Rule of Law’ itself - and its judges should be against unlawful and arbitrary executive (government) action. The ideal judge – the ideal court – the true and ideal conception of Justice, is one which is ‘honest’ and ‘impartial.’ With judges neither subject to ‘bribes’ or ‘intimidation’ - exercising their judicial functions fearlessly and without favour. Given all of that, it is shocking to hear of and read about the scandalous treatment of Julian Assange, at his recent court hearing, when he appeared at Westminster Magistrates Court (21st October 2019.) - Having said that however - if I am to be absolutely truthful - I am unsurprised. I am not surprised because unknown to most, particularly those outside of the UK, is the fact that the UK judicial system has been radically transformed for the worst - it is not what it once was. As a black woman the historical injustices of the UK judicial system is known to me. Both its past and present failings form part of the ‘Black folk lore,’ of growing up black in Britain. The experiences of these ‘cultural realities’ (e.g. the racism and discrimination) are in our blood, our genes and we imbibed the ‘practical realities’ of such conduct into our being, along with our mothers milk. But there was something to be said, about the albeit often romanticised elements of ‘The Common Law Tradition.’ – Some are well known, trial by ones peers (jury system), Habeas Corpus (due process), Magna Carta (Liberty)… these and many others were a part of that tradition, a tradition dutifully exported to other countries, such as America, Australia and other Commonwealth countries. The British people had to fight persecution and face death to gain them. They were not obtained lightly. Many have unfortunately been severely eroded, but what few vestiges remain should be strenuously defended. Therefore such cases like Julian’s, not only bring such issues to the fore, but with a correct understanding and interpretation of what has happened - the British public are being given a much needed wake up call – as to what is happening to their judicial system. In a previous article, I noted how the much admired and often mythical representation of the English legal system, was just so much romantic fantasy. The English legal system has seen many radical changes in recent years. Some believe that this is a drive to perform the ‘ultimate privatisation’ – namely that the English legal system, is being prepared for just that – the ‘privatisation of Justice.’ Sounds crazy? – well there is no other rational explanation as to why the ‘Common Law’ tradition, has been so deliberately and carefully dismantled in the United Kingdom. To introduce a tyrannical system – there is no need to pass a single law - you simply need to do three things. The first is to physically remove public access to legal material – law books from the public space (libraries.) There is no need to 'burn the law books' - since then your motives will become obvious. I hear some say, but what of the internet? - What! - The internet as your Lawyer? - I would much prefer to do my own research in a library, without restrictions, noteably AI algorithms directing which legal resources I have access to. The book, in this respect is a priceless guarantee for 'freedom to research.' The second is to remove access to the courts themselves. This can be done physically and also by making it impossible financially for ordinary people to bring cases themselves (not employing Lawyers) to court. In effect you make it virtually financially impossible, to start and proceed with a claim. Thirdly, so that no one suspects what has happened, you maintain the court buildings, so that it appears that nothing has changed. To generate the necessary revenue to maintain those buildings, you simply ‘privatise Justice’ - having covered your expenses, the rest is profit. Your tyrannical system is established. The UK is well on its way in this process - 'graduated court fees' that are so unreasonable and exorbitant, that they are in reality a form of ‘graduated taxation’ on ordinary people to access Justice. Cases filed in such courts are no more than, ‘speculative’ ‘financial issues’ or ‘products,’ in which the person bringing a claim, is simply an ‘investor’- hence the usurious graduated court fees and so on… for more information on what’s happening in the UK justice system click here. We see the outcome of such radical judicial ‘reforms’ in the treatment of individuals who come to court seeking justice, but are given nothing of the sort. In this sense therefore, the appearance of Julian Assange in court and his ‘show trial’ hearing which occurred on the 21st October 2019, is a timely warning. The British public had better take note – since this is the way the courts now behave for all of you. THE ‘JUDGE'S BREAKFAST’ In the quote referred to above “The law is what the judge had for breakfast,” – I don’t believe that Justice Frank was being sarcastic, or flippant, but was in dramatic fashion, expressing, the Positivist ‘American Realist,’ tradition of jurisprudence - namely that the individual judge is at the heart of legal jurisprudence. This approach regards, such ideas as for example ‘God’ or ‘Natural Law,’ as not providing a sufficient basis for the ‘legitimacy,’ of a legal system – no - in the ‘real world,’ – it’s the judge who by her/his office provides such legitimacy - and if s/he has an ‘upset stomach’ – it may well be reflected in the judge’s decision – that’s the reality of Justice! However, what Julian Assange experienced and has experienced at the hands of the UK courts is worse - a lot worse. What we are seeing exhibited in his case, is not a case of the capriciousness of a particular judge – but a judge ‘under orders.’ A judge under orders to behave, ‘speak,’ even ‘perform’ – ‘playing judges’ - (see footnote 1 at the end of the article) and eventually give a ‘decision’ in a certain way. This is not a case of a Judge's ‘bad breakfast’ – but of the ‘systematic’ and ‘bureaucratic’ purported administration of ‘justice’ - to order! This is the ‘highest form,’ of judicial corruption and judicial subversion. (As an aside, I would just add this – that even the Brexit campaign – with their opposition to EU regulations – is related to an innate sense, those who wish to leave the EU are getting – which is that they have lost control, not just of the political processes/parliamentary sovereignty, but of their Law and consequently Justice.) ‘THIS IS A MAN…’ Julian Assange - This is a man – who has been ‘confined’ in the Equadorian embassy for almost 7 years – following allegations made against him – which were later dropped and found out to be ‘fabricated’ (read more click here.) – Julian – a man who along with his organisation have won numerous awards (see list here.) A man who with his organsation and whistleblower Chelsea Manning, brought us information about the despicable ‘war crimes’ of the US – the video revealing these crimes has often been described as ‘Collateral Murder’ – (to watch video - click here.) THE JULIAN ASSANGE ‘SHOW TRIAL’ I watched a heart felt and quite tragic video this week, titled 'John Pilger- Julian Assange’s Extradition Case is a SHOW TRIAL!' which discussed the recent court hearing of Julian Assange (for background events to Julian’s case – click here.) Julian’s work and the revelations disclosed, exposed the activities of the global power elite that rule the planet. It has contributed, significantly to the increased public awareness of many undoubted crimes, of corruption, human trafficking and most famously, US war crimes (colatteral damage.) - read more here. It is no exaggeration to state, that he has single handedly achieved more in revealing this truth about the true nature of global power and its power elites than anyone else or organisation. He put mainstream media to shame and following the general lack of support of him, from them - the reason for this lack of support seems obvious. They failed to do their work then - and they are failing him now. John Pilger along with many others who have been to visit Assange in prison have consistently exposed his ill treatment in prison, his solitary confinement for 23 hours a day (read more here) and his prevention from socialising with other prisoners. There is also concern about the lack of proper medical care he is receiving, he has suffered dramatic weight loss, his general mental and physical health is deteriorating rapidly – he is also displaying worrying signs of severe psychological torture – for more info click here. For example, one article reports that during the recent court case – Julian struggled to recall his name and date of birth when asked (click here for article.) Many, who are familiar with both Julian Assange and his work will know that he has always presented as a strong minded and intelligent individual. Commenting on his condition, Craig Murray, a Historian, former Ambassador and Human Rights Activist, has written the following in a recent article: “I was shocked by just how much weight my friend has lost, by the speed his hair has receded and by the appearance of premature and vastly accelerated ageing. He has a pronounced limp I have never seen before. Since his arrest he has lost over 15 kg in weight” (to read the full article - click here.) It is becoming clear - that there is something seriously wrong with the treatment of Assange - and the recent court hearing again, highlighted another facet of this ill treatment. - A number of articles have described his hearing as a ‘show trial’ – ‘fixed’ – ‘rigged’ – ‘premeditated.’ This should give rise for concern to all and not least to the British public, whose legal system it is. In a previous Weekly Review, I made some observations about its serious failings (click here.) The impartiality of the court Julian appeared before, is open to doubt - in the article - ‘Stalinist Show Trial of Julian Assange Is Underway In England,’ the writer, who was present at the hearing, describes the District Judge as basing her ‘legal decision’ on the information that was being transferred to her – from US Representatives who were present. John Pilger described the judges bias as ‘incandescent’ – he went on to say - “This is London – do they know what’s happened to Justice here?” (I have touched upon this matter previously in this article.) He is also quoted as saying elsewhere - “This extradition is unlawful. And there is no question about that because …there is one very explicit statute in this treaty that says no one could be extradited if they are charged with a political offense. This under law is a political offense what the U.S. wanted [him] for. So the whole thing should be thrown out of court and Julian [should be] walking out.” (John Pilger as reported in the article - 'Assange’s Extradition Is a Case About the Crimes of Empire.') During the court hearing - Julian Assange was denied further time to prepare his case to defend against his extradition – despite being denied access to his documents whilst detained. These are serious matters and the British public should be concerned about what is going on in their courts. The integrity not just of the court, but of society in general, is being undermined by such conduct. When all is said and done, Julian Assange was simply a journalist doing his job. We watch a Journalist – who has committed no crime – and yet is being penalised, being persecuted – for what? – For standing up for Truth. If the British public do not wake up soon, to what is being done to this man in their name, it may be too late, not just for Julian Assange but for themselves and future generations! This is a man – who is being pursued by a ‘superpower,’ namely the US, who wishes to keep its skeletons in the closet – but now we are all able to see the true nature of its global activities along with its political and power elite acolytes. Various articles make it clear and warn, that Julian Assange is being used as a ‘scapegoat’ (for related article - click here) and this ‘show trial’ charade is being staged as a warning to all journalists (most of whom appear to be eerily quiet throughout his continuing ordeal - click here.) THE ‘STREETS SHALL SPEAK!’ If the political global elities of this world, fail to listen, then the ‘streets shall speak!’ In last week’s Weekly Review – I explored the growing perception among ordinary people of the lack of concern shown by their leaders in the exercise of 'state power.' They are clearly asking questions as to how, the 'states power' should be used to preserve both them and their communities. Governments worldwide appear to be failing the people, failing to protect their communities, their social rights, their environment - failing to properly serve their best interests. If these questions about the nature of 'state power' continue unchecked, it is inevitable that the very legitimacy of such structures, will be called into question. As things stand at present, it would appear that, the global bureaucratic, judicial and political elites, have failed to abide by and uphold the ‘Rule of Law’ with respect to their people – and as such, have failed to honour the ‘Social Contract’ between the state and the people. In a recent article the UN Secretary General – Antonio Guterres said - “It is clear that there is a growing deficit of trust between people and political establishments, and rising threats to the social contract” (to read the full article - click here) - he is also quoted in this article, as telling the world leaders “to listen to the real problems of real people.” We can see evidence of this breach in the 'social contract' - in the demonstrations, protests and general global civil unrest - currently sweeping the planet (click here to read previous article, which explores this topic further.) CONCLUSION In addition to the obvious issues of freedom of speech, the status and protection of ‘whistleblowers’ and journalists, the treatment of Julian Assange in the British courts – raises much wider and equally fundamental questions - British Justice itself is on trial – what do I mean by this? – Julian's trial is a highly political trial. – A clear case where Global Politics meets Law, Justice and Truth – all these matters are clearly intertwined, despite what some academics, theorists, or commentators would like us to believe. – Thus his case raises issues of Individual State power, Nation State independence versus Hegemonic Empire – (namely the US) and the wider issue of ‘State legitimacy.’ Cases such as Julian’s should compel us all to take a ‘principled position’ – and to question where we stand on these issues - will we remain silent? - Will we compromise, on such fundamental Matters? We are in fact all on trial and our responses now, will determine the legacy we pass on to future generations. Footnotes: [1] "When he spoke truth and when his barrister spoke, Baraister contrived boredom; when the prosecuting barrister spoke, she was attentive. She had nothing to do; it was demonstrably preordained. In the table in front of us were a handful of American officials, whose directions to the prosecutor were carried by his junior; back and forth this young woman went, delivering instructions." - Quote from article title 'JOHN PILGER: Did This Happen in the Home of the Magna Carta?' REFERENCES TO ARTICLES, VIDEOS ETC To view the contents of this index – click on the subject of interest below. ALPHABETICAL ORDER
C Contact iGURU! - To get in touch with iGURU! - Send us a message I iGURU!'s - Weekly Review - LOL! - But It Ain't Funny! - 'Brexit, The UK Supreme Court, The 'Rule Of Law' et al Index Suggestions - Make a suggestion to / or for an iGURU! index J Julian Assange - Journalists silent on Assange’s plight are complicit in his torture and imprisonment - Julian Assange: A Scapegoat For History’s Violent Male Aggression - Liveblog: Julian Assange Under Threat Julian Assange-Court Hearing - Assange in Court - Craig Murray - Assange’s Extradition Is a Case About the Crimes of Empire - EP.807: John Pilger- Julian Assange’s Extradition Case is a SHOW TRIAL! - JOHN PILGER: Did This Happen in the Home of the Magna Carta? - Julian Assange’s court hearing in London: Britain stages a lawless show-trial - Stalinist Show Trial of Julian Assange Is Underway In England Julian Assange-Mistreatment - Demasking the Torture of Julian Assange - Julian Assange held in 'sordid' solitary confinement for up to 23 hours a day, says father - Julian Assange has been ‘psychologically tortured’ and must not be extradited to US, says UN expert R References to other articles, videos etc related to the article - About WikiLeaks - Freedom Now! (The Indexed Web) - Freedom Of Speech - Global Civic Responsibility - WikiLeaks Digest T The People vs World Leaders - Guterres urges world leaders to listen to protesters' issues U US-War Crimes - Collateral Murder W WikiLeaks - Awards - How WikiLeaks works
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