RFK: "Retroactive Immunity Is Radical & Repugnant To The Rule Of Law"

[kpete]

Sunday, October 21, 2007
Article I, Section 8: No Bill of Attainder or ex post facto Law shall be passed

glenn greenwald points out that a previous attempt to enact retroactive immunity legislation was thoroughly and effectively quashed by both a u.s. senator - robert f. kennedy - and the united states attorney general at the time, nicholas katzenbach...

The very idea of "retroactive immunity" for lawbreaking corporations is so radical, so repugnant to the most basic principles of the "rule of law," that only one prior attempt can be found in recent history (at least from my research): the efforts by some in Congress in 1965 to enact a law retroactively legalizing the mergers by six large banks which clearly -- as a federal court found -- were illegal under our nation's antitrust laws.

Just as now, the lawbreaking banks insisted that they must be protected from the devastating consequences of their lawbreaking -- claims that Kennedy and Katzenbach easily destroyed. After all, the banks -- like the telecoms now -- were the ones who chose to break the law, knowing that it was illegal, because they perceived there to be great economic benefit in doing so. To then grant them amnesty would be to reward lawbreaking.



more at:
http://takeitpersonally.blogspot.com/2007/10/article-i-section-8-no-bill-of.html

[saltpoint]

1. In a more just world, my second cousin, a retired journalist and a die-hard

Reagan Republican, would have to defend Reagan's America in a debate against Robert F. Kennedy.

Would that Senator Kennedy were with us still, not only to put my second cousin in his place but for any number of other reasons as well.

I hold out hope that RFK Jr will become increasingly interested in the ide of political office. The influence of outstanding visionaries and hard working public servants is an ongoing requirement for a healthy democracy.

[antigop]

2. kpete, there is another recent attempt at retroactive immunity

You said, "only one prior attempt can be found in recent history."

I followed the Pension "Protection" Act pretty closely. This legislation legalized conversion of traditional pension plans to cash balance plans. There was a lobbying effort to retroactively legalize plans that had already converted, but as the following link indicates, Congress made the law prospective only.

http://www.mwe.com/index.cfm/fuseaction/media.mmlist/index.cfm

>>
Nancy G. Ross was quoted in the January 22 issue of Business Insurance in an article regarding the U.S. Supreme Court's recent denial of review of a federal appeals court decision concerning the alleged discriminatory practice of cash balance pension plans. Ms. Ross commented that despite strong lobbying initiatives, Congress did not make the plans retroactive. "There was a strong lobbying effort to make the cash balance provisions retroactive and Congress didn't do it," she said.

Nancy G. Ross, Employee Benefits & Pensions, Employee Benefits Litigation, Trial
>>

[kpete]

4. thanks antigop

I appreciate your info

[liberalmuse]

3. This would set a really bad precedent.

And it is crucial to a fair, balanced and unbiased justice system that this kind of law, never passes. I'd hate to see Bush/Cheney walk free sometime in the future after this law helps in pardoning them for high treason, war crimes and crimes against humanity.