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dreaminginthedeepsouth · 4 months

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John Deering, The Arkansas Democrat-Gazette

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The courts aren’t coming to save us.

January 10, 2024

ROBERT B. HUBBELL

I believe that Donald Trump will be convicted for election interference, for retaining national defense documents, and for violating Georgia’s RICO statute. But even if Trump is convicted in multiple cases before the 2024 election, he will be able to appeal each of the convictions, ensuring that he will be able to avoid prison for months or years after the 2024 election.

My point is not to discourage people. Every effort to hold Trump accountable is valuable because it exposes Trump's criminal conduct and reminds voters that he will likely spend his remaining years in prison. The collateral effect of Trump's trials or convictions on the election will be helpful—but is not enough to save us. If we do not defeat Trump in 2024, the convictions may be meaningless. Every avenue to defeating Trump runs through the ballot box.

We must defeat Trump in November. We cannot expect the courts to save us.

If we accept that premise, we can observe and analyze the various court proceedings with the appropriate level of interest and detachment they deserve. We should be vitally interested in what is happening in Trump's criminal proceedings, but we should not hang on every development as if it will determine the outcome of the election. It won’t.

Our primary focus should be on registering voters, ensuring turnout, and spreading the truth about Joe Biden’s presidency. We have elections to win—up and down the ballot. If we exercise discipline and fortitude over the next ten months, we will maximize the chances of a landslide victory by Joe Biden.

With that as background, let’s look at one of the most bizarre court hearings in our nation’s history.

DC Circuit Judges are skeptical of Trump's presidential immunity defense.

Background on Trump's presidential immunity defense.

Before describing the hearing before the D.C. Circuit today, let’s remind ourselves of Trump's presidential immunity defense. Trump claims that he is absolutely immune from prosecution for “official acts” as president—even if those official acts violate US criminal laws. The immunity that Trump claims does not appear in the Constitution. Indeed, the only provision of the Constitution to address the question says that a president who is impeached by the House and convicted in the Senate can thereafter be charged in a criminal prosecution.

The relevant section of the Constitution, the Impeachment Judgment Clause, says the following:

Judgment in Cases of Impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States: but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law.

Trump argues that because the above clause does not address a president who is not convicted in the Senate after impeachment, he is immune from “indictment, trial, judgment, and punishment, according to law.”

Trump's argument for presidential immunity, therefore, (a) does not appear in the text of the Constitution, (b) contradicts the clear import of the Impeachment Judgment Clause, and (c) leads to absurd results if true.

The last point—leading to absurd results—was the main topic of discussion in the D.C. Circuit Court hearing today. See, e.g., Slate, Trump’s Legal Arguments Are Getting Increasingly Embarrassing.

The D.C. Circuit judges were openly skeptical of the absurd results that follow from Trump's claim of presidential immunity.

As noted above, Trump's claim of presidential immunity leads to absurd results. The three D.C. Circuit judges asked a hypothetical of Trump's counsel John Sauer that led to one of the most ridiculous answers ever given in response to a judge’s question in the history of our nation.

I print the relevant passages below, but to summarize, Sauer asserts that if a president ordered the military to assassinate his political opponent, the president could not be charged with a crime if 35 Senators from his own party refused to convict him in a Senate impeachment trial.

Here is the questioning (with thanks to Slate for printing this excerpt):

Judge Pan: I asked you a yes or no question. Could a president who asked SEAL Team Six to assassinate a political rival who was not impeached and convicted, could he be subject to prosecution? John Sauer: If he were impeached and convicted first. Judge Pan: So your answer no. John Sauer: My answer is a qualified yes. [¶] Judge Pan: I have asked you a series of hypotheticals about criminal actions that could be taken by a president and could be considered official acts and have asked you, would such a president be subject to prosecution if he’s not impeached or convicted, and your yes or no answer is “no.” John Sauer: I believe my answer was a qualified yes if he’s impeached or convicted first. Judge Pan: My question was, so he’s not impeached or convicted, let’s put that aside. You’re saying a president could sell pardons, could sell military secrets, could order SEAL Team Six to assassinate a political rival. [¶] John Sauer: Those are very extreme examples of potential official acts.

John Sauer is a fool, but not because of his nonsensical answer—an answer he doesn’t believe. He is a fool for representing a client who orders him to make nonsensical arguments. John Sauer deserves every ounce of opprobrium that will be heaped upon him for the rest of his life (and for centuries thereafter).

There is more, but the above exchange describes the tenor of the hearing—incredulous judges asking questions because they cannot believe that the lawyers are actually making nonsensical arguments.

What happens next?

It wasn’t clear from the hearing what route the three-judge panel will take to rule against Trump—but it seems clear that it will do so. The panel could simply rule they don’t have jurisdiction to hear the case. They could say they don’t have jurisdiction to hear the case, but if they do, rule that Trump is wrong. Or they could rule against Trump on the merits by assuming they have jurisdiction to hear the appeal.

If the panel rules that there is no jurisdiction to hear the appeal, Trump has forty-five days to request a rehearing in the D.C. Circuit (per D.C. Cir. Rule 35(a)). If rehearing is denied, the case returns to Judge Chutkan in seven days. Under that scenario, Judge Chutkan could probably get the case back on track for trial in the summer of 2024. Other scenarios result in a trial after November 2024.

Of course, all of the above is complicated by a possible appeal to the Supreme Court. More on that later in the week.

If you are interested in a more detailed explication of the arguments at the hearing see Washington Post, Four key takeaways from Trump’s presidential immunity hearing, (accessible to all), and Slate, Trump’s Legal Arguments Are Getting Increasingly Embarrassing.

The Aftermath.

As usual, Trump held a post-hearing press briefing. He warned that if the D.C. Circuit ruled against his presidential immunity defense, there would be “bedlam” in the country—a not-so-veiled threat of violence. See WaPo, Trump warns of ‘bedlam,’ won’t rule out violence after immunity hearing.

Trump said, in part,

I think they feel this is the way they’re going to try and win, and that’s not the way it goes. It’ll be bedlam in the country. It’s a very bad thing. It’s a very bad precedent. As we said, it’s the opening of a Pandora’s box.

Like his statement before January 6—“Be there. It will be wild.”—Trump's followers know when he is calling for violence.

But there is reason to believe that Trump's ability to summon mobs to act on his behalf is waning. Unlike the initial criminal proceedings against Trump there was scant evidence of Trump supporters in the vicinity of the D. C. courthouse today—even though Trump used his vanity social media platforms several days ago to announce his plans to attend today’s hearing.

Perspective.

Yes, Trump is trying to run out the clock—and may be succeeding to an extent. But the walls are closing in on Trump and he is panicking. In response, he is threatening violence in the streets and “namechecking” Supreme Court justices that he nominated to the Court. Those are the acts of a desperate man. He is on the run. Let’s keep it that way!

Speaker Mike Johnson is losing control.

Speaker Mike Johnson tried to convince the GOP caucus in the House to support the top-line spending agreement with Senate Majority Leader Chuck Schumer. Freedom Caucus members are unhappy with Johnson and are unlikely to support the agreement. A short-term funding extension is looking more likely—something Johnson said last November he would oppose. See See The Hill, Speaker Johnson defends spending deal to unhappy conference.

As a result, some far-right members of the Freedom Caucus are whispering about Johnson’s ability to continue in the job of Speaker. See Political Wire, Whispers Grow About Dumping Mike Johnson (politicalwire.com)

It is unlikely that Johnson will be replaced in the short term, but the House GOP faces a series of tough votes over the next three months. With each vote that passes with majority Democratic support and minority Republican support, Johnson’s position will become weaker. Let’s hope that Johnson secures a budget for 2024 before he is dumped by his GOP colleagues.

Impeachment watch.

As Republicans are busy not passing a budget, they are spending their time talking about impeachment of Homeland Security Secretary Alejandro Mayorkas and President Joe Biden. Neither effort is faring well.

GOP ally throws cold water on Alejandro Mayorkas impeachment.

Law professor Jonathan Turley has been a reliable expert witness for Republicans in impeachment hearings. He famously defended Trump in the two impeachment hearings in 2020 and 2021. Turley also recently testified in the Biden impeachment inquiry and made damaging admissions that undermined the GOP’s baseless attempts to impeach Biden.

On Tuesday, Turley published an op-ed saying that there is no evidence that Secretary Mayorkas has committed any crime or misdemeanor. Instead, according to Turley, Mayorkas is simply pursuing policies that Republicans don’t like. See The Hill, GOP witness in Biden probe says Mayorkas conduct not impeachable.

Turley wrote,

There is also no current evidence that he is corrupt or committed an impeachable offense. . . He can be legitimately accused of effectuating an open border policy, but that is a disagreement on policy that is traced to the President. . . . Mayorkas has carried out [Biden’s] policies. What has not been shown is conduct by the secretary that could be viewed as criminal or impeachable.

Don’t believe for a moment that Turley’s lack of enthusiasm for a Mayorkas impeachment will slow down the GOP’s efforts to conduct a “show trial” in the House. They will find some other law professor willing to say anything for fifteen minutes of infamy.

President Biden impeachment inquiry.

Jim Jordan was on a Sunday talk show last weekend and effectively admitted that Republicans have no basis for impeaching President Biden. When Jordan was asked about the evidence against Biden, Jordan said, “The most damning evidence we got thus far is what we got from Devon Archer, Hunter Biden's business partner, because he says what they were selling was the brand.”

But as noted in Newsweek,

In a transcript of his testimony before the committee, [Devon Archer] was asked if he was aware of any wrongdoing by the president. "No. I'm not aware of any," Archer said. [Devon Archer] also said he had no knowledge of Joe Biden having involvement with Burisma and rejected claims that the president and Hunter Biden each accepted a $5-million bribe from an official within the company.

In other words, Republicans got nothing. That won’t stop the impeachment inquiries because they need something to distract from the fact that they are unable to pass a budget bill that will make it through the Senate.

[Robert B. Hubbell Newsletter]

#Robert B. Hubbell #Robert B. Hubbell newsletter #impeachment #rule of law #TFG's legal jeopardy #election 2024 #immunity #equal justice under the law

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izooks · 1 month

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Is there equal justice under the law?

If he is found guilty of any of the 90 charges against him and doesn’t spend a day in jail then the system is corrupt.

#gop #democrats #vote blue #republicans #vote biden #democracy #fuck trump #maga 🧠 = 🐶 💩#traitor trump #equal justice #don poorleone

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drdemonprince · 2 months

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I don't think I have it in me to be an abolitionist because I read that horrible story about the trans teen murdered in South Carolina and my knee jerk reaction is, those people should rot in jail, ideally forever, or worse. No matter how I look at it I can't make myself okay with the idea that you should be allowed to steal someone's life in such a horrible way and then just go back to enjoying your life. Some stuff is just too over the top evil.

You can have whatever emotions you want about that person's murderous actions, but the reality is that the carceral justice system is one of the largest sources of physical, emotional, and sexual torment for transgender people on this planet.

Transgender people are ten times more likely to be assaulted by a fellow inmate and five times more likely to be assaulted by a corrections officer, according to a National Center for Transgender Equality Report.

Within the prison system, transgender people are frequently denied gender-affirming medical care, and housed in populations that do not match their identity, which increases their odds of being beaten and sexually assaulted.

The alternative to being incorrectly housed with the wrong gendered population is that transgender people are also frequently held in solitary confinement instead, often for far longer periods on average than their non-transgender peers, contributing to them experiencing suicide ideation, self harm, acute physiological distress, a shrunk hippocampus, muscculoskeletal pain, chronic condition flare-ups, heart disease, reduced muscle tone, and numerous other proven effects of solitary confinement.

The prison system is also one of the largest sites of completely unmitigated COVID spread, among other illnesses, with over 640,000 cases being directly linked to prison exposure, according to the COVID prison project.

We know that number is rampantly under-estimated because prisoners, especially trans ones, are frequently denied medical care. And even basic, essential physical care. Just last year a 27-year-old Black man named Lason Butler was found dead in his cell, having perished of dehydration. He had been kept in a cell without running water for two weeks, where he rapidly lost 40 pounds before perishing. His body was covered in rat bites.

This kind of treatment is unacceptable for anyone, no matter who they are and what they have done, and I shouldn't have to explicitly connect the dots for you, but I will. One in six transgender people has been to prison, according to Lambda Legal. One in every TWO Black transgender people has been to prison. One in five Black men go to prison in America.

THIS is the fate you are consigning all these people to when you say that prisons must exist because there are really really bad people out in the world. We should all know by not that this is not how the carceral justice system works. Hate crime laws are under-utilized, according to Pro Publica, and result in few convictions. The people who commit transphobic acts of violence tend to be given softer sentences than the prisoners who resemble their victims.

We must always remember that the violent tools of the prison system will be used not against the people that we personally consider to be the most "deserving" of punishment, but rather against whomever the state considers to be its enemy or to be a disposable person.

You are not in control of the prison system and you cannot ensure it will be benevolent. You are not the police, the judge, the jury, or the corrections officers. By and large, the people who are in these roles are racist, transphobic, ableist, and victim-blaming, and they will use the power and violence of the system to terrorize people in poverty, Black people, trans people, "mad" people, intellectually disabled people, women, and everyone else that you might wish to protect from harm with a system of "punishment." Nevermind that incaraceration doesn't prevent future harm anyway.

You can't argue for incarceration as the tool of your revenge fantasies, you have to argue for it as the tool that it actually is. The purpose of a system is what it does. And the prison system's purpose has never been to protect or avenge vulnerable trans people. It has always been to beat them, sexually assault them, forcibly detransition them, render them unemployable, disconnect them from all community, neglect them, and unperson them.

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allthebrazilianpolitics · 8 months

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Brazil high court rules homophobia punishable by prison

Brazil's Supreme Court ruled Tuesday that homophobic slurs are now punishable by prison, in a decision applauded by rights activists in a country with rampant violence against the LGBTQ+ community.

The 9-1 ruling puts homophobic hate speech on the same legal level as racist hate speech, which was already punishable by prison in Brazil.

Justice Edson Fachin, the lead judge on the case, said in his ruling it was a "constitutional imperative" to give LGBTQ+ citizens equal protection under the law.

The court had ruled in 2019 that homophobia was a crime, just like racism.

But the earlier decision applied to slurs against the LGBTQ+ community as a whole, not attacks on specific individuals.

#brazil #politics #brazilian politics #LGBT #supreme federal court #mod nise da silveira #image description in alt

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macleod · 8 months

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Brazil’s Supreme Court has ruled that homophobic slurs can now be punishable by prison.

The unanimous 9-1 ruling that took place on Tuesday (22 August) now puts homophobic slurs on par legally as racist hate speech.

Justice Edson Fachin, who led the ruling, called the decision a “constitutional imperative” to ensure LGBTQ+ people have equal protection under Brazilian law.

In 2019, most of Brazil’s Supreme Court voted to recognize homophobia and transphobia as crimes under Brazilian law. That ruling applied to violence and discrimination in areas such as employment, while this week’s order extends the law to cover homophobic attacks against individual people. [2]. This applied to hate speech targeting the queer community, not particular individuals.

Transgender lawmaker Erika Hilton was one of many to celebrate the ruling, writing on social media: “Victory against LGBT-phobia.”

Source: [1]. Attitude Magazine, August 24th 2023 [2]. Blavity via MSN

#brazil #homophobia #transphobia #lgbtq #queer #lgbt #equality #mine #news

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soberscientistlife · 10 months

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On June 19, 1865, Union Army General Gordon Granger stood on a balcony in Galveston, Texas and read aloud General Order No. 3, informing the state's enslaved people that President Lincoln's Emancipation Proclamation meant they were free. In the years since, Juneteenth has become an opportunity to remember all those who lived and died under the horrific system of slavery, honor everyone who helped end it, and celebrate the people and contributions of the African American community. It's more important than ever before that we all take some time to mark Juneteenth and reflect on the legacy of slavery in our country's history. We see markers of white supremacy around us every day. It's marching in our streets with torches and signs bearing hate speech, detaining innocent families in camps at the border, and enshrining prejudice in our laws by suppressing the votes of people of color. It's saying that it'll make America great again; great again for whom has always been clear from the context. So many Americans believe in racial justice, in equality, in our differences not just making us stronger but defining what it means to be American. Let's celebrate our victories and our black communities as we keep working for a more perfect union. Happy Juneteenth.

#juneteenth #black history

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buckyalpine · 1 year

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Catch Me If You Can 1/3

Mob!Bucky x Single mom police officer Reader

This is a crack fic, ridiculousness, cuteness, angstttt.

Warnings: Kidnapping, fluffffff, single mom reader, crappy ex, Mob Bucky is a whole ass warning

LMK how you feel about these 2

Part 2

Part 3

The plan was simple. Not the most ideal, not the first thing the mob boss would have planned to but desperate times called for desperate measures. He needed this shipment to go through and he was done being patient.

“We gotta move quick” Bucky murmured, driving slowly behind the target, the dark windows of the SUV making it impossible to see who was inside. As soon as the traffic light turned red, they stopped the truck, swinging the doors open and stepping in front of their mark.

“Hey! What are you-”

“Shh, just get in the car” Bucky towered over him, his face stern, cocking an eyebrow at the big eyes that stared up at him. Sam and Steve were by his side with equally stoic expressions, nodding to the open door, their hostage reluctantly getting into the backseat with an annoyed huff. They drove to Bucky’s club, target in tow as they made their way to the office, strange looks exchanged by patrons, looking at Bucky’s latest captive.

Steve shut the door while Bucky strode across the room to answer a call, breathing a sigh of relief hearing the deal had gone off without a hitch. Nothing had been seized and the deal was set, thanks to his last minute decision. He reached for a crystal decanter, pouring a glass of whiskey for himself when a voice caught his attention.

“Why am I here” Bucky turned around to face all 4 feet, 2 inches of his hostage, little furrowed brows knitted in the middle, arms crossed with his chest puffed out, a heavy bookbag making his solid stance a little wobbly. “Is this because my mommy wants to put you in jail?” Bucky nearly choked on his whisky while Steve snorted, doing a poor job to mask his laugh. “I can see why. Kidnapping is against the law”

By this point, both Sam and Steve were nearly on the floor, attempting to keep their stoic expressions on by covering their mouths, covering their laugh with a cough. Bucky raised a brow, not sure if he was insulted or impressed at the sass and lack of fear the 8 year old had. None of them were exactly fans of anything that involved children. It was an unspoken rule; children were always left untouched. He had to break that rule this time though, knowing if things had gone south, it would have led to a gang war which would have been far worse than the stunt he just pulled kidnapping a police offers son.

Police officer.

Bucky had most of the justice system and law enforcement at his fingertips, all happily bowing to his bidding, letting his deals and illegal activities slip under the radar. Most were more than happy to comply with what he asked. Most were happy to turn a blind eye.

Except the departments newest officer.

The absolute bane of his very existence.

The only person who had actually ever managed to get him arrested though he was quickly released; no one else wanting to get on his bad side by actually pressing charges.

But you refused to back down.

At first Bucky brushed it off, figuring you’d get with the program and eventually quieten down but no. You were constantly there, making his job more difficult than it had to be, your irritatingly righteous need to keep the city free of gang activity driving him up the wall.

The last straw was a few weeks ago when he had set up an arms deal with the East side of the city, an exchange of weapons, but more importantly, a possible alliance between groups. Things going successfully would mean more protection for both the North and East and stronger joint front. You had managed to track communication between the groups, readying a team to shut down the exchange, ignoring the warnings you got from the mob boss.

Bucky was done playing nice.

It was more than the police just showing up. His power meant everyone listened to him. No one, not even the law disobeyed or strayed from his word. A single officer looking to take him down would have shown weakness; that he didn’t have all the control he should have. Weak links were unacceptable.

Which lead to his plan.

To hold onto your son for awhile so you’d abandon the plan you’d put together, none of your colleagues willing to stop anything on their own, everyone retreating far away from the deal while it took place.

And it worked.

He had managed to take your son while he was on his way home from school and you had been informed of his location. Everything else went smoothly; problem solved. Still, nothing prepared him for how unbothered and how at ease his little captive would be.

“I’m guessing you’re the man mommy calls -” Your son blinked at Bucky, chewing his lips, thinking for a moment before continuing. “She says I can’t use those words. I’m gonna call you Uncle Bucky” He shrugged, plopping onto the chair, grabbing one of Bucky’s fountain pens, proceeding to doodle on a notepad on the desk.

“You-you can’t-” For the first time in his life Bucky found himself speechless, looking incredulously at the little boy proceed to draw, the mop of dark brown hair on his head, covering his eyes slightly.

“It’s Mr. Barnes” He muttered, while your son tossed his book bag off to grab a comic book that was inside, drawing a character that was on the cover.

“It’s Jordan” your son replied, now fully focused on his Batman cartoon.

“I like this kid” Steve half wheezed while Bucky stared at the little thing in front of him, his lips struggling to stay in a firm line, the corners itching to tug up into a smile.

“Mommy said you’re a bad man” He piqued, looking at the mob boss from the corner of his eye, “I can’t say you did yourself any favors today Mr. Uncle Bucky”

Before Steve and Sam could full on belly laugh, your panicked voice carried through the bar, nearing the office.

“Jordan? Jordan!” The office doors slammed open to your frantic face, running over to your little one as soon as your eyes landed on him, scooping him in your arms, “Baby, are you okay?”

Bucky felt his heart soften for a moment, watching your heart break and mend itself all at once as soon as you had your son wrapped in your arms again. He shook his head, reminding himself of why he took your son in the first place, ignoring the warmth that was trying to melt his soul.

“You fu-” You bit your tongue, taking deep breath, keeping in mind there were little ears listening. “How could you?!”

“Had to get a message across doll, you don’t seem to listen” Bucky shrugged while you let out a law growl, hauling your son up and grabbing his school bag, wanting to get him out of there and back home more than anything else.

“This isn’t over” You shot over your shoulder before leaving the office and exiting the bar. Bucky couldn’t help but smirk slightly, he didn’t like you but he couldn’t help but admire the fiery fearless side of you that never backed down, not even to him.

“M’sure it isn’t, mama bear” Bucky murmured to himself, inspecting the little doodle your son left behind; an image of Batman and a small Robin.

Of course you were not able to do anything about the kidnapping; none of the higher ups were willing to put their neck on the line to arrest Bucky and your boss shrugged, giving you a very pointed I told you so look.

Jordan also seemed unaffected with the whole ordeal, often asking you what Uncle Bucky was up to these days as if he were a colleague from work. Truthfully, you were not even 100% what Bucky had been up to. Things had been suspiciously calm ever since the incident happened and while you were thankful for some peace and quiet, you wondered if he was up to something.

Nothing was ever quiet with that man.

Meanwhile you also had other problems to deal with. While work calmed down, your stress was higher than ever looking at the number of missed calls on you phone from Jordan’s father. The very man who decided he wanted nothing to do with either of you the day you found out you were pregnant. The man who promptly kicked you out of the house to fend for yourself. The man who had now decided would be a great time to reenter your sons life and be a stand up father.

And maybe get some spousal benefits from your job.

You could never catch a break.

A few weeks later - Bucky’s office

“You kept this, huh?” Steve picked up the doodle on Bucky’s desk, smiling at the way Bucky’s eyes grew wide before trying to back to his signature frown.

“Didn’t notice” Bucky lied, though his best friend could see right through him, knowing Bucky didn’t keep just anything on his table, every single item on the desk having a purpose.

“He kinda reminds me of you” Steve pointed out, thinking back to all the times little Bucky had stood up for him when they were kids, putting on a brave face in front of the meanest. “Kinda looks like you too”

“Hm” Bucky grunted, wondering himself why he still had the picture. He made a conscious decision not to throw it out; each time he had to write something down, he’d grab a paper below it and carefully put the drawing back on top. Steve was right; Jordan did look like him when he was little and had the same feisty, sassy personality as he did though he was sure the bravery your son had was from you.

You.

In a strange way, Bucky missed having to deal with your nagging and threats to take him down; business had been quiet so there wasn’t a reason for you to chase after him. You made things interesting; it’s not that he wanted anyone to make his job harder than it had to be but sometimes the challenge was nice. Plus it didn’t hurt that you absolutely gor-

For fucks sake.

“I need a drink” Bucky shook his head, flicking away the odd feeling he started to feel in his tummy, deciding he needed something stiff over whatever he had stashed in his office. Steve snorted, easily reading his friends thoughts while they made their way to a locked cabinet below the bar counter, fishing for something that would silence unnecessary thoughts. He grabbed a glass, dropping in two ice cubes and filling the glass, taking a long draw of the dark liquid before his attention was pulled elsewhere.

Bucky’s eyes grew wide seeing the mop of dark hair and big eyes make its way through the crowded bar, customers giving each other strange glances at the little boy with a school bag who had no business being in a gang leaders club.

“Kid, what are you-

“Mommy’s hurt” Jordan looked up at Bucky with teary eyes, swallowing away the lump that formed in his throat, putting his best brave face on instead, now wasn’t the time to cry.

“What?”

“She - someone hurt her”

The thought of someone hurting you sent a surge of anger through Bucky, his jaw clenching as he slammed his glass down. It was ironic, considering the number of times he had wished you would disappear but not like this. Not once had he ever thought of hurting you; at the end of the day, you had always stood for what was right.

“Where is she” Bucky took Jordan’s hand in his, holding it firmly to ground him while making his way outside and towards the SUV. He didn’t have to even look at Steve to know he was already by his side and sliding into the drivers seat.

“Home, we live on-”

“I know where you live kid” Bucky chuckled slightly while Steve was already weaving through traffic and pulling up to your street, screeching to a halt in front of your house.

Bucky helped Jordan hop out of the SUV and lead him to you, the front door left while open with the handle broken off. There were clear signs of a struggle, seeing broken pictures on the floor and a few dents in the walls, the mess continuing all the way up the stairs to your bedroom. Bucky instructed Jordan to wait downstairs with Steve, worried about what condition he was going to find you in.

You were holding yourself up against the wall, your arm clutching your bloodied side, putting pressure on the gash that sliced you. Your head still throbbing from where you had been hit. You could barely register what was happening, gasping at the sound of Bucky’s voice suddenly in your room.

“C’mon, doll” His arm snaked around you, pulling you to his, holding up some of your weight.

“Where are we going” You wanted to fight back but the pain was making you dizzy and spots were starting to cloud your vision.

“We’re -woah-” Bucky caught you before you slipped, scooping you in his arms, bridal style “We’re going to get you fixed up” He spoke softly, carrying you out of your room and carefully down the stairs towards the SUV. You were in too much pain to protest, slipping in and out of consciousness during the drive over.

Steve had already slipped Jordan into the front seat, the both of them chatting over who would win in a hotdog eating competition; Superman, Batman or the Joker. He could see Jordan sneak worried glances behind him to look over at you, fidgeting with the straps of his backpack.

“She’ll be okay” Steve whispered to him, giving him a reassuring smile as he pulled up to the mansion. “Your mama’s strong, y’know she’s the only one Uncle Bucky is scared of” He gave your son a wink before helping him out of the car and opening the door so Bucky could carry you to his room. He carefully set you down on his bed, wasting no time grabbing a first aid kit he kept tucked under the bed for emergencies while you groaned, trying to sit up.

“Barnes, what are you-”

“Just lie down doll, let me clean this up first” He carefully lifted your blouse to assess how bad the injury was, soaking a cotton ball in some disinfectant.

“Ah!-” You winced, hissing out in pain at the saturated cotton ball Bucky pressed onto your skin, cleaning the area as gently as he could, his focus shifting between getting you better and wondering who did this to you. He’d have to worry about that later.

“Sorry, sorry” Bucky murmured, gently blowing onto the cleaned area, cooling your skin before grabbing a needle and threat, starting on some sutures to close the gash. “I’ll be quick, just bear with me” You gritted your teeth feeling the needle poke you.

“How-how do you know how to do this” Your voice was strained, struggling to keep it steady while Bucky threaded the needle as gently and quickly as possible, neatly closing off the gash.

“Gotta know this in my line of work, sugar” He smirked giving you a lopsided grin when you rolled your eyes, squeaking when he gently pushed you back down when you tried to get up. “Rest for a bit”

You reluctantly laid against the plush mattress looking up at the baby blue eyes softly peering down at you, the same blue eyes your normally wanted to poke out of frustration.

“I’ll be fine, we can go ho-” You were going to say you could go home but it was clear home wasn’t the safest option, not after what had just happened.

“C’mon, stay here for the night” He wasn’t exactly going to leave you room to do anything else, there was no way he was going to let you go home after what he had just seen. He was more than happy to sleep in a tent outside of his own home if it meant you’d just stay somewhere safe. “At least for today”

“I-we can’t-Jordan-”

“-WOULD LOVE TO STAY HERE”

Bucky let out a genuine laugh hearing your sons voice carried through the doorway where he was clearly eavesdropping. You snorted, shaking your head and closing your eyes at your sons antics, exhaustion making it hard for you to move anyway.

“We shouldn’t be here” You whispered, feeling your conscious battle within yourself. You were supposed to be fighting for the right side of the law. Bucky was the opposite of that. Then why didn’t this feel wrong? You’d spent countless hours trying to put him away. So why did you feel so safe?

“I don’t-

“Just for tonight” Bucky stated softly but firmly, leaving you little room to argue. He grabbed you a tshirt and some joggers of his, letting you clean off and chance while he slipped out of the room. He was met with curious eyes peering up at him, your son patiently waiting to know if you were okay.

“She’s okay, just getting cleaned up. Let your mama rest” Bucky whispered, leading Jordan to the TV room where Peter was busying himself with video games. “Hey Parker, brought you a worthy opponent” Peter grinned, handing Jordan a controller and shifting over so he could plop down beside him.

“She’s gonna be okay?” Jordan whispered up at Bucky, feeling a sense of calm around the man his mom usually used no-no words to describe. Surely he couldn’t be that bad?

“No one’s stronger than your mama” Bucky smiled, ruffling his hair before coming back to check on you. You had slipped back into bed, ignoring the way Bucky’s clothes were soft and comfy to wear, his scent making your insides flutter unnecessarily.

“Don’t you look cozy, officer” Bucky smirked, sauntering over with a glass of water and pain killers, leaving them on the bedside table for you. You rolled your eyes though gratefully taking 2 tablets for your aching head.

“Where’s Jordan?”

“Currently beating everyone’s ass in Mario Kart”

“This doesn’t mean you’re off the hook Barnes” You tried to keep your voice firm but the playful smirk he was giving you was infectious. You bit your lip to keep your lips from tugging up, choosing to frown more instead but that only seemed to egg him on more.

“Course, darlin’“ He drawled out, giving you a wink before bidding you good night, “Wouldn’t have it any other way” He turned the light off and gently shut the door, making his way back down to make sure Jordan had something for dinner.

You pulled the covers up, sighing into the soft plush pillows and sheets, letting sleep take over, ignoring the way your inner conscious continued to debate itself. He didn’t have to help you. Didn’t have to keep you safe. Didn’t have to do any of this and yet here you were. You and your son. Both safe. Because of him.

Maybe he wasn’t so bad after all...

Tags: @glxwingrxse @hungryyeyess @sebsgirl71479 @beabutterfly987 @teambarnes72 @witchywhore @jamesbuckybarneswify @slutforsexyseabass @chrisdrysdale @littlemarvelmenfan @buggy14 @whimsyplaty92 @sergntbarnes @inkedaztec @pono-pura-vida @moonlightreader649 @brooklynscherry-z @elle14-blog1 @justsebstan @littlelightnings @psychomanniac-blog @happyt0exist @emmabarnes @bethyruth @matchat3a @cjand10 @getwellsoontana @cherryschaos @lokisasgardianvampirequeen @ashenc-blog @buckybarnessimpp @potatothots @goldylions @high-functioning-lokipath @morganemorganite-blog @kingfleury @peaches1958 @spiderman-stilinski @peaceinourtime82 @gublur @wintersmelodie @geeky-politics-46 @lolawassad @almosttoopizza @a-poor-gryffindork @alternativeprincess @buckycallsmeaslut @kamaria-sweet-writes @charmedbysarge @xnorthstar3x @kryoee7 @alina02 @gh0stgurl @polishprincess999 @jessybarnes @alltheficsiwant @chemtrails-club @eralen @perdidosbucky-yyo @clqrosmgc @buckybarnessweetheart @pandaxnienke @manyfandomsfanvergent

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wilwheaton · 10 months

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In knocking down President Joe Biden’s student loan forgiveness plan, the right-wing Supreme Court majority does more than keep millions of American saddled with debt — it continues to shift enormous power away from Congress and the executive branch to itself. The majority — “as is becoming the norm,” Justice Elena Kagan narrates in her dissent — relies heavily on the major questions “doctrine,” a theory in vogue in right-wing legal circles. It dictates that when executive branch agencies take action of major “economic and political significance,” they lose the usual judicial deference they enjoy. That standard of significance is wholly in the eye of the beholder — an amorphousness the majority has continually taken advantage of. That has usually translated, in the hands of this conservative Court, into various Biden administration actions meeting their doom. While the Court often protests that it’s really shifting power back to Congress when it knocks down agency actions, it does so knowing that Congress is usually stalemated by various factors (split party control, the Senate filibuster) that make it extremely difficult for the legislature to pass many major laws. It also disrupts the usual separation of powers balance: Congress writes broad laws authorizing agencies to deal with issues (letting the Environmental Protection Agency regulate air pollution or the Education Department deal with federal student debt), passing on the responsibility of crafting the specifics to the expert-staffed agencies. But this Court continues to impose itself on that process, deciding that Congress didn’t meet some vague standard of specificity in its delegation and knocking down agency actions it doesn’t like. “This Court objects to Congress’s permitting the Secretary (and other agency officials) to answer so-called major questions,” Kagan writes, referring, in this case, to the Secretary of Education. “Or at least it objects when the answers given are not to the Court’s satisfaction. So the Court puts its own heavyweight thumb on the scales.”

Kagan Decries Use Of Right-Wing ‘Doctrine’ In Student Loan Decision As ‘Danger To A Democratic Order’

Expand SCOTUS. Impeach and remove the corrupt Trump justices, as well as Alito and the PROFOUNDLY corrupt Thomas. Unless and until this happens, SCOTUS is a existential and direct threat to human rights and equality under the law in America.

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sayruq · 2 days

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On Thursday afternoon, the Freedom Flotilla Coalition was contacted by the Guinea Bissau International Ships Registry (GBISR), requesting an inspection of our lead ship – Akdenez. This was a highly unusual request as our ship had already passed all required inspections; nevertheless, we agreed. The inspector arrived on Thursday evening. On Friday afternoon, before the inspection was completed, the GBISR, in a blatantly political move, informed the Freedom Flotilla Coalition that it had withdrawn the Guinea Bissau flag from two of the Freedom Flotilla’s ships, one of which is our cargo ship, already loaded with over 5000 tons of life-saving aid for the Palestinians of Gaza.

In its communication informing us of this cancelation, the GBISR made specific reference to our planned mission to Gaza. It also made several extraordinary requests for information, including confirmation of the ships’ destination, any potential additional port calls, and the discharge port for humanitarian aid and estimated arrival dates and times. It further demanded a formal letter explicitly approving the transportation of humanitarian aid and a complete manifest of the cargo. Again, this is a highly unusual move from a flagging authority. Normally, national flagging authorities concern themselves only with safety and related standards on vessels bearing their flag, and are not concerned with the destination, route, cargo manifests or the nature of a specific voyage. Just like when you register your car, the authorities don’t require you to detail to them every place you are going to go with the car. Sadly, Guinea-Bissau has allowed itself to become complicit in Israel’s deliberate starvation, illegal siege and genocide of Palestinians in Gaza. Israel is showing the world the extent to which it will go to deny Palestinians the aid they need to stay alive, in direct contravention of International Humanitarian Law, UN Security Council resolutions, and two orders of the International Court of Justice. Israel is only allowed to get away with this because we have an international order where law does not apply equally, where people are not valued the same, and where might equals right. The US has hijacked international law and is violating its own laws to protect Israel at every turn. A recently-leaked USAID memo states that “famine in Gaza is inevitable,” and that “changes could reduce but not stop widespread civilian deaths.” It also states that the government of Israel does not currently demonstrate necessary compliance with U.S. law required to receive U.S. military aid. Nevertheless, last week, the U.S. Congress passed and Biden signed a $26 billion aid package for Israel. It is this kind of naked impunity, over decades, that has brought us to this point where Israel can carry out a genocide, that includes a public declaration by Israel’s leaders that it is going to deliberately starve children, and not only face no consequences, but also involve a majority of world governments in its crimes. While our governments claim to care about Palestinian lives, they are complying, and indeed enforcing a situation where a state that has been found to be plausibly committing a genocide, is allowed to control what, if any life-saving aid gets to the people trying to stay alive.Yesterday, the UN Special Rapporteurs on the Right to Food, on the Right to Housing, and on the situation of human rights in the occupied Palestinian territory, issued a statement stating that civil society initiatives like the Freedom Flotilla are important precisely because governments are not complying with their obligations under international law and many of these governments are even complicit in Israel’s siege and genocide. The statement affirmed that ours was a legitimate challenge to Israel’s control over the delivery of aid to Gaza and it demanded safe passage for our flotilla. However, without a flag, we cannot sail. But, this is not the end. Israel cannot and will not crush our resolve to break its illegal siege and reach the people of Gaza. The people of Gaza and all of Palestine remain steadfast under the most horrific, unimaginable conditions. We take strength from their incredible, inexplicable ability to maintain their humanity, dignity and hope when the world has given them no reason to do so.It is our responsibility to keep that hope alive. WE WILL SAIL.

#yemen #jerusalem #tel aviv #current events #palestine #free palestine #gaza #free gaza #news on gaza #palestine news #news update #war news #war on gaza #freedom flotilla #guinea bissau #famine #gaza genocide #genocide

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uboat53 · 1 year

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Are we guilty until proven innocent? Is it better to let ten guilty men go than to convict one innocent man?

In America, the answer is increasingly "no", and it's not the justice system or secretive elites that are to blame, it's all of us.

60% of Americans, the people who serve on juries, believe that it's equally bad to let a guilty man go free as to convict an innocent one and a disturbing amount of the rest would RATHER convict an innocent man than let a guilty one go free.

I hope none of us are charged with a crime that requires us to go before a jury of Americans, the ethos of sparing the innocent at all costs is no longer dominant in this country.

Source

#politics #us politics #equal justice under law #innocent until proven guilty #us justice system

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dreaminginthedeepsouth · 4 months

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LETTERS FROM AN AMERICAN

January 9, 2024

HEATHER COX RICHARDSON

JAN 10, 2024

On the docket today in front of three judges on the U.S. Court of Appeals for the D.C. Circuit was the question of whether former presidents can be prosecuted for things they did while in office. The issue at hand is whether Trump can be tried for his attempt to overturn the 2020 presidential election, but Trump has also been charged in three other criminal cases: a national case over his mishandling of national security documents, a state case in Georgia for interfering with the 2020 election there, and a state case in New York for paying hush money to adult film actress Stormy Daniels. He is also facing a number of civil cases.

A federal grand jury working under Special Counsel Jack Smith brought four criminal charges against the former president on August 1. Trump’s lawyers have argued not that he didn’t do what he is accused of, but that his position as president at the time gives him immunity from prosecution for breaking laws. In this case, they are arguing that he cannot be tried now because he has already been impeached and acquitted for his actions. They argue that a president can be charged criminally only if he has been impeached and convicted.

A quick reminder: Impeachment is a political process, not a legal one. A president could be impeached simply for watching TV all day, which is not a crime but which would make it impossible to do the job. Another reminder: as NBC’s Vaughn Hillyard documented today, in Trump’s second impeachment trial, his own lawyer Bruce Castor assured the Senate that “the text of the Constitution…makes very clear that a former President is subject to criminal sanction after his presidency for any illegal acts he commits.”

A number of Republican Senators—including then Senate majority leader Mitch McConnell (R-KY)—agreed, saying they would acquit Trump but expected him to answer to the law rather than the political system. “We have a criminal justice system in this country,” McConnell said. “We have civil litigation. And former Presidents are not immune from being held accountable by either one.”

Interestingly, Trump’s argument that he cannot now be charged with crimes makes the Republican senators who voted to acquit him complicit. It’s an acknowledgement of what was clear all along: they could have stopped him at any point, but they repeatedly chose not to. Now he is explicitly suggesting that their behavior shields him from answering to the law.

Today, Trump’s lawyer D. John Sauer told the court that so long as he was not impeached and convicted for his actions, a president could do virtually anything. "Could a president order SEAL Team Six to assassinate a political rival?" Judge Florence Pan asked. "That's an official act: an order to SEAL Team Six.” Sauer answered that Congress would have to impeach and convict that president before he could be charged with a crime. "But if he weren't, there would be no criminal prosecution, no criminal liability for that?" Pan asked. Sauer again emphasized that Congress would have to act before any indictment could take place. “So your answer is no,” Pan said.

In his brief to the court opposing Trump’s claim, Special Counsel Smith pointed out that there is nothing in history to support Trump’s argument and that Nixon’s accepting a pardon “reflects the consensus view that a former President is subject to prosecution after leaving office.”

Trump’s approach, Smith wrote in a hard-hitting paragraph, “would grant immunity from criminal prosecution to a President who accepts a bribe in exchange for directing a lucrative government contract to the payer; a President who instructs the FBI Director to plant incriminating evidence on a political enemy; a President who orders the National Guard to murder his most prominent critics; or a President who sells nuclear secrets to a foreign adversary, because in each of these scenarios, the President could assert that he was simply executing the laws; or communicating with the Department of Justice; or discharging his powers as Commander-in-Chief; or engaging in foreign diplomacy. Under the defendant’s framework, the Nation would have no recourse to deter a President from inciting his supporters during a State of the Union address to kill opposing lawmakers—thereby hamstringing any impeachment proceeding—to ensure that he remains in office unlawfully.”

While presidential immunity is a crucially important question, it seems unlikely that any court will conclude that a U.S. president can act however they wish without any accountability before the law. Certainly the framers of the Constitution never intended such a thing (if you listen closely, you can hear them spinning in their graves). More recently, in 1974, the Supreme Court in United States v. Nixon ruled unanimously that President Richard Nixon could not use claims of executive privilege to withhold evidence from a criminal prosecution. Even more recently, on December 29, three judges on the U.S. Court of Appeals for the D.C. Circuit ruled that Trump does not have absolute immunity from civil lawsuits.

But the more pressing immediate question is when the court can resume progress on the case, which is stalled during appeals. The case is scheduled for trial on March 4, and Trump has been trying to drag it out—as he has all his trials—with the evident hope that it can be delayed until after the election. When Trump appealed the decision of the district court that he was not immune, Special Counsel Smith tried to move things along by taking the case directly to the Supreme Court, but the court declined to take it at that point. The case will almost certainly end up there again, at which time the justices could let the appeals court decision stand or agree to take it up. If they take it up, they could decide it quickly or delay it until after the election.

Today, in The Bulwark, nineteen former Republican members of Congress called on the courts, especially the Supreme Court, to move the case forward as quickly as possible. Calling out “Trump’s gambit to escape accountability altogether: assert an unprecedented claim of absolute presidential immunity from criminal prosecution and use the appellate process to delay the trial until after the November election,” they defended the public’s right to have “critical information they need before they cast their ballots in November.”

Noting that as former members of Congress, they were “not persuaded that the argument [for presidential immunity] has any basis in law or history,” they said that whatever the courts decide, they should do it quickly. “Permitting delay would…undermine the rule of law [and] the integrity of the 2024 election,” they wrote.

Although it is unusual for a defendant to attend such a hearing, Trump was at court today, clearly intending to use the case as part of his campaign. Perry Stein of the Washington Post noted that Trump recently lied to supporters that President Joe Biden was “forcing me into a courtroom in our nation’s capital” to weaken his campaign.

LETTERS FROM AN AMERICAN

HEATHER COX RICHARDSON

#Letters from an American #Heather Cox Richardson #rule of law #election 2024 #democracy #equal justice under the law

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intheholler · 3 months

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Donations for Appalachian/Southeast USA Queer Organizations

Here lies the sister post to my resource list.

Under the cut, you'll find a list of regional, primarily queer-focused groups to donate to, if you have the means.

If you've ever accused us of being beyond help, or have ever said we should be sawed off into the ocean, here's your chance to help the many helpers trying to make the southeast a better place--those that always go conveniently ignored in such conversations.

General Regional Links

Appalachian Outreach

STAY (Central Appalachia)

Help suspected transgender John and Jane Does regain their identities

Southern Trans Youth Emergency Project (STYEP)

Southerners on New Ground (SONG)

Campaign for Southern Equality

Trans Health Project

Alabama

AIDS Alabama

The Knights & Orchids Society

Magic City Acceptance Center

Medical Advocacy and Outreach

Prism United

Shoals Diversity Center

T.A.K.E.

Thrive Alabama

Georgia

Carrollton Rainbow Inc.

Emmaus House

Feminist Women’s Health Center

First City Network

Georgia Equality

Kentucky

AIDS Volunteers of Lexington

Arbor Youth Services

Lexington Pride Center

Louisville Queer Youth

Louisville Youth Group

Kentucky Fairness

Kentucky Health Justice Network

Kentucky Youth Law Project

Sweet Evening Breeze

Louisiana

AcadianaCares

Louisiana Trans Advocates

OUTnorthla

PACE Louisiana

Shrevepride

Mississippi

Capital City Pride

Gulf Coast Equality

LGBTQ Fund of Mississippi

The Spectrum Center in Hattiesburg

Violet Valley Bookstore

North Carolina

Charlotte Transgender Healthcare Group (CTHCG)

Down Home NC

Guilford Green Foundation & LGBTQ Center

Pitt County Aids Service Organization

Tranzmission

Triad Health Project

Triangle Empowerment Center

South Carolina

Alliance for Full Acceptance

Charleston Black Pride

Harriet Hancock Center

Palmetto Community Care

T-Time

Uplift Outreach

We are Family

We are Family Trans Love Fund

Tennessee

CHOICES

Launch Pad

Metamorphosis

Mountain Access Brigade

My Sistah’s House

Pride Community of the Tri-Cities

Trans Empowerment Project

Youth Villages

Virginia

Justice 4 All

Nationz

Side by Side VA

Virginia Home for Boys and Girls

West Virginia

Harmony House West Virginia

Fairness West Virginia

Holler Health Justice

WVFREE

#appalachia #appalachian #southeast usa #queer #anti-fascist south #donations #donate #queer resources #alabama #georgia #kentucky #louisiana #mississippi #north carolina #south carolina #tennessee #virginia #west virginia

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probablyasocialecologist · 10 months

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“The ‘war on drugs’ may be understood to a significant extent as a war on people. Its impact has been greatest on those who live in poverty, and it frequently overlaps with discrimination directed at marginalised groups, minoritiesand Indigenous Peoples. In our reporting and experience, we have found that such discriminatory impact is a common element across drug policies with regard to the widest range of human rights, including the right to personal liberty; freedom from torture, ill-treatment and forced labour; fair trial rights; the right to health, including access to essential medicines, palliative care, comprehensive drug prevention and education, drug treatment, and harm reduction; the right to adequate housing; freedom from discrimination and the right to equal treatment before the law; right to a clean, healthy and sustainable environment; cultural rights and freedoms of expression, religion, assembly and association. Globally, drug control has had massive costs for the dignity, humanity and freedom of people of African descent, with reports showing that people of African descent face disproportionate and unjust law enforcement interventions, arrests and incarceration for drug-related offences. In various countries, the ‘war on drugs’ has been more effective as a system of racial control than as a tool to reduce drug markets. Policing interventions based on racial profiling remain widespread, whilst access to evidence-based treatment and harm reduction for people of African descent remains critically low. Around the world, women who use drugs face significant stigma and discrimination in accessing harm reduction programmes, drug dependence treatment and basic health care. Although one in three people who use drugs are women, women constitute only one in five people in treatment. Women are also disproportionately affected by criminalisation and incarceration, with 35% of women in prison worldwide having been convicted of a drug-related offence compared to 19% of men. The causes of women’s interaction with the criminal justice system in relation to drugs are complex, often linked to other factors such as poverty and coercion, and may reflect systemic gender inequality in society more broadly. Of note, most women in prison for drug related offences have little education. Under international law, States that have not yet abolished the death penalty may only impose capital punishment for the ‘most serious crimes’, meaning crimes of extreme gravity involving intentional killing. Drug offences clearly do not meet this threshold. However, drug-related offences are still punishable by death in over 30 countries, and human rights experts have raised concerns about evidence of its discriminatory impact on individuals belonging to minorities. Everyone without exception has the right to life-saving harm reduction interventions, which are essential for the protection of the right to health of people who use drugs. However, according to UN data, only 1 in 8 people with drug dependence have access to appropriate treatment, and the coverage of harm reduction services remains very low. The situation is particularly critical for women, LGBTIQ+ persons, and other marginalised groups, for whom harm reduction and treatment services may not be adapted or respond to their specific needs. Women and LGBTIQ+ persons also face even higher levels of stigma, including self-stigma, and discrimination than men who use drugs.

As the world grows older, drug use among people over 65 has also increased. The COVID-19 pandemic had a negative impact on the health and well-being of older persons, and studies show an increased use of pain relievers, tranquillizers, and sedatives among this age group. Older drug users are also more often using the dark web, social media, and online forums to obtain illicit substances resulting in a rise of drug-related deaths among older populations. The criminalisation of substances traditionally used by Indigenous Peoples such as the coca leaf can also result in the suppression, undermining and marginalization of traditional and indigenous knowledge systems and medicine, which has wide-ranging health impacts and is rooted in discriminatory hierarchies and conceptions. Forced eradication of crops, including through the aerial spraying of highly hazardous pesticides, can cause serious harm to the environment and clean water, as well as to the health and welfare of Indigenous communities. Indigenous Peoples that might be affected by these and other drug control operations must be meaningfully consulted, and guarantees should be given that their lives, cultural practices, lands and natural resources are not violated. Criminal laws and the punitive use of administrative and other sanctions stigmatise already marginalised populations. Criminalisation results in significant barriers to access to health services (including those for HIV and palliative care) and in other human rights violations. As called for by the UN system Common Position on drug-related matters, drug use and possession for personal use should be decriminalised as a matter of urgency. Drug use or dependence are never a sufficient justification for detaining a person. Compulsory drug detention and rehabilitation centres need to be closed and replaced with voluntary, evidence-informed, and rights-based health and social services in the community.

#drugs #war on drugs #prohibition

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