Blogs > Liberty and Power > Innocent Until Proven Guilty Already Gone

May 4, 2009 12:22 pm

Innocent Until Proven Guilty Already Gone

In his post directly below this one James Otteson rightly criticizes an aspect of plans to eliminate tax deductions for companies that make money overseas. He quotes an AP article which says "Obama also planned to ask Congress to crack down on tax havens and implement a major shift in the way courts view guilt. Under Obama's proposal, Americans would have to prove they were not breaking U.S. tax laws by sending money to banks that don't cooperate with tax officials. It essentially would reverse the long-held assumption of innocence in U.S. courts.”

However, there is no major shift here because asset forfieture laws which supposedly target those who violate drug prohibition have already eliminated the American legal idea of innocent until proven guilty. Too many people take the attitude that I do not use any of the currently illegal drugs so why should I care about drug prohibition. Well here is yet another example of a pernicious concept developed for the war on people who use certain kinds of drugs being applied to everyone. And, because those being punished before or without even a trial are subhuman users of the"evil drugs" many do not even ackowldege this prior twisting of legal principle.

I would also like to add that demands to prove a negative have been the driving force behind our foreign policy since 2003, when we made the impossible requirement to fulfill, that Saddam Hussein prove he had no WMDs, to avoid invasion. Before the war Hussein released a massive amount of documentation showing he had destroyed the weapons in question but that was still not enough to save the lives of over 4000 American soldiers. We are now doing the same thing to Iran with regards to a nuclear weapons program that our own intelligence services said in 2007 did not exist.

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Capt. A. - 5/6/2009

Dear Mr. Halderman,

Your comments are incontrovertible. Now for a few comments of my own...

I left the U.S. thirty-years ago at age 45. Soon thereafter I renounced citizenship. I refused to spend the remainder of my life subjugated in “the land of the free.” I relished my individual freedom, liberty, privacy and private property rights so much that I “stopped” talking” and acted.

America is a good place ... “to be from.” That is a fact too. Giving up citizenship removes the American Sword of Damocles, of never-ending taxation. Where I stay now has NO taxes of any kind. My wealth is exactly that—My wealth, not taken by U.S. thugatarians that control the “puking-dog democracy” that America now represents.

American government-controlled schools provide the “inculcation,” and it has been a raving success! Want proof? Just look around you... It defies and staggers the imagination. The very idea of spending the ONLY life you will ever have, slave-ridden unto death also defies rational thinking. My thinking long ago was eons ahead ... and still is even today. There never was and never has been true freedom and liberty in America. Only the severely addlepated, drug enhanced-compromised individual would argue otherwise.

I wish you well, safety and prosperity to those that you love and care about.


Capt. A., “fujimotoo”
Principality of Monaco

Keith Halderman - 5/4/2009

Right down the street from me is one of those speeding camera's. Because I know where it is there little chance I will ever get a ticket, yet I often drive out of my way because seeing it just irratates me. So the principle is breeched, in my case for nothing, and each time it gets easier.

James Otteson - 5/4/2009

Thank you for your post, Keith. I should have said that it was another dangerous step--and I think an especially ominous one--eroding the principle of "presumed innocent until proven guilty."

We should also add to the list traffic court: another area where one is presumed guilty until one can prove one is innocent.