In the recent Supreme Court ruling on Hamdan v. Rumsfeld, Arizona Senator John Kyl, along with South Carolina Senator Lindsey Graham, was called-out in the majority opinion of the court for his unprecedented and scandalous lies to that court. Justice Stevens, author of the opinion and an appointee of President Ford, wrote:

While statements attributed to the final bill’s two other sponsors, Senators Graham and Kyl, arguably contradict Senator Levin’s contention that the final version of the Act preserved jurisdiction over pending habeas cases…those statements appear to have been inserted into the Congressional Record after the Senate debate.

It is often the practice in Congress to insert items into the Congressional record to correct errors and oversights. There are three things that make this incident different, and truly contemptible:

 

1. Kyl and Graham inserted a phony conversation into the record as if it actually happened, complete with interruptions and a check on how much time was left on the clock.
2. The phony conversation contained assertions that were exactly the opposite of what was actually discussed in the Senate session. During the session, the Senate specifically removed an effective date from the act in order to preserve jurisdiction over pending habeas cases. Kyl and Graham’s phony conversation was intended to show that jurisdiction was not to be preserved.
3. The falsified record was submitted to the Supreme Court as if it had actually happened in order to support the government’s claim that the act being discussed by Congress at that time was applicable to the Hamdan case, even though that case was already pending at the time the law was enacted.

Clearly, these acts were specific in their intent to deprive Mr. Hamdan, and thereby all of us, of our constitutional protections. My question then is a simple one, what is the penalty for lying to the Supreme Court? Former attorney Christy Hardin Smith states in her article on FireDogLake.com that Kyl and Graham “…should be facing state bar sanctions, and an ethics investigation in the Senate.” So far, I have not been able to get a hold of a human being at the State Bar of Arizona to answer my questions on this issue, but I will continue to try and will post an update when I am successful at reaching them.

 

On rare occasion, I receive an email that has a ring of truth to it. This occurred recently when I received this unattributed email entitled "Things you have to believe to be a Republican today". Perhaps someday, the Republican Party will return to serving America's interests, rather than the interests of multi-national corporations.

• Being a drug addict is a moral failing and a crime, unless you're a conservative radio host. Then it's an illness and you need our prayers for your recovery.
• The United States should get out of the United Nations, and our highest national priority is enforcing U.N. resolutions against Iraq.
• "Standing Tall for America" means firing your workers and moving their jobs to India.
• A woman can't be trusted with decisions about her own body, but multi-national corporations can make decisions affecting all mankind without regulation.
• Jesus loves you, and shares your hatred of homosexuals and Hillary Clinton.
• The best way to improve military morale is to praise the troops in speeches while slashing veterans' benefits and combat pay.
• Group sex and drug use are degenerate sins unless you someday run for governor of California as a Republican.
• If condoms are kept out of schools, adolescents won't have sex.
• A good way to fight terrorism is to belittle our long-time allies, then demand their cooperation and money.
• HMOs and insurance companies have the interest of the public at heart.
• Providing health care to all Iraqis is sound policy. Providing health care to all Americans is socialism.
• Global warming and tobacco's link to cancer are junk science, but creationism should be taught in public schools.
• Saddam was a good guy when Reagan armed him, a bad guy when Bush's daddy made war on him, a good guy when Cheney did business with him and a bad guy when Bush needed a "we can't find Bin Laden" diversion.
• A president lying about an extramarital affair is an impeachable offense. A president lying to enlist support for a war in which thousands die is solid defense policy.
• Government should limit itself to the powers named in the Constitution, which include banning gay marriages and censoring the Internet.
• The public has a right to know about Hillary's cattle trades, but George Bush's driving record is none of our business.
• You support states' rights, which means Attorney General John Ashcroft can tell states what local voter initiatives they have a right to adopt.
• What Bill Clinton did in the 1960s is of vital national interest, but what Bush did in the '80s is irrelevant.
• Trade with Cuba is wrong because the country is communist, but trade with China and Vietnam is vital to a spirit of international harmony.
• The separation of Church and State applies only to nations under Islamic rule.