No Charges Seen in Ten Commandments Case

Associated Press ^ | August 22, 2003 | Bob Johnson

[Selmo]

MONTGOMERY, Ala. (AP) - Lawyers seeking removal of a Ten Commandments monument from a judicial building's rotunda told a federal judge Friday they would not press to have the state's chief justice held in contempt for refusing to move it.

The lawyers also said they would not seek to have the state fined, telling U.S. District Judge Myron Thompson on a conference call that they were convinced the monument would be out of the state building by next week despite the resistance of Chief Justice Roy Moore.

``Our concern all along has been compliance with the constitution. Once the monument has been removed, our concerns will have been addressed,'' said attorney Ayesha Khan, who participated in the call.

After Thompson's deadline had passed, Moore's eight associate justices on the state's high court on Thursday ordered the granite marker taken out of the rotunda. But court officials were still trying to determine where it might go in the building - it weighs 5,300 pounds - and if the area would allow proper security.

About 40 demonstrators remained outside to support Moore, who installed the monument in the rotunda where visitors can easily see it and refused to move it even after Thompson ruled that the public display violated a constitutional ban on government promotion of religious doctrine.

Moore, who plans an appeal to the U.S. Supreme Court, contends it is a proper acknowledgment of God and the moral foundation of American law.

He spoke Friday with the Alabama Judicial Building's manager, Graham George, who was instructed by other justices to carry out the removal. The conversation took place near the monument, but it wasn't known what the men discussed. George hasn't said when, how or where the monument will be moved.

An organizer of pro-Moore demonstrations, Patrick Mahoney of the Christian Defense Coalition, said Friday the demonstrations would continue as long as the monument is still in the building.

``Our message is clear. We are going to peacefully block the way if they try to move it,'' Mahoney said.

Attorney General Bill Pryor, speaking for the eight associate justices, told Thompson on the conference call that building officials were considering potential security problems because of the ongoing demonstrations as they sought the best location for the monument, according to Khan. Khan is an attorney for Americans United for Separation of Church and State, one of the groups seeking removal of the monument.

Under Thompson's order, the monument could go in Moore's office. But according to Khan, Moore said it was too heavy.

The supporters kept vigil Friday morning from sleeping bags and bedrolls strewn outside the building.

The Rev. Herman Henderson of Believers' Tabernacle in Birmingham opted to nap on the concrete with his head resting on sheet music for the song, ``I Shall Not Be Moved.''

They remained quiet throughout the night, prompting police to retreat to their post across the street.

Lawyers suing to remove the monument also have filed a complaint with the state Judicial Inquiry Commission, citing Moore's refusal to obey a court order to move the monument.

The complaint alleges Moore violated canons of judicial ethics. The commission, which operates like a grand jury, met Friday behind closed doors. It can send a case to the Court of the Judiciary, which holds trials and has the power to discipline and remove judges.

Richard Cohen, a Southern Poverty Law Center attorney who is representing plaintiffs, said those filing the complaint against Moore were not asked to meet with the commission. He said Moore was given an opportunity to meet with the commission Friday, but it wasn't immediately known if he did.

One demonstrator, retired Birmingham school teacher Murray Phillips, said she knows the monument will probably be gone from the rotunda soon.

``I'm upset, but I'm not surprised. At least I am going to be able to say to my grandchildren that at least I tried to do something,'' Phillips said.

[swheats]

``Our concern all along has been compliance with the constitution. Once the monument has been removed, our concerns will have been addressed,'' said attorney Ayesha Khan, who participated in the call.

Who's Constitution, America's or the United Nations?

[joesnuffy]

the courts just "established a religon" ...atheism is a belief...and cannot be proven...its adherents hold to it by faith and faith alone...
You cannot prove a negation of God therefore imo atheism is the form of a faith..aka religon
The new religon of America...atheism brought to you not by the rule of law but by the rule
of judges...
We the People...have been usurped...by black robbed dictators ..imo

[joesnuffy]

the courts just "established a religon" ...atheism is a belief...and cannot be proven...its adherents hold to it by faith and faith alone...
You cannot prove a negation of God therefore imo atheism is the form of a faith..aka religon
The new religon of America...atheism brought to you not by the rule of law but by the rule
of judges...
We the People...have been usurped...by black robbed dictators ..imo

[joesnuffy]

the courts just "established a religon" ...atheism is a belief...and cannot be proven...its adherents hold to it by faith and faith alone...
You cannot prove a negation of God therefore imo atheism is the form of a faith..aka religon
The new religon of America...atheism brought to you not by the rule of law but by the rule
of judges...
We the People...have been usurped...by black robbed dictators ..imo

[onedoug]

"Our concern all along has been compliance with the constitution..." said attorney Ayesha Khan....

Now there's a good Christian name....

[rs79bm]

Where does Attorney General Ashcroft or President Bush stand on this issue?

[Damocles]

...the separate and equal Station to which the Laws of Nature and of Nature's God entitle them, a decent Respect to the Opinions of Mankind requires that they should declare the causes which impel them to the Separation.

Jeez, the declaration of independence must really cheese these people off...

[Bobby777]

said attorney Ayesha Khan....

hmmm....Genghis ring a bell?

[Bobby777]

thank you for quoting that ... it is there and cannot be denied ... you can bet they'd rewrite it if they could ...

[MineralMan]

"Where does Attorney General Ashcroft or President Bush stand on this issue?"

They stand silent, as they should. This is a matter for the State of Alabama.

[MineralMan]

""Our concern all along has been compliance with the constitution..." said attorney Ayesha Khan....

Now there's a good Christian name....
"

What's your point? Does one have to be a Christian to be a U.S. citizen? Do Christians have more rights than non-Christians? Should they, in your opinion?

[arkfreepdom]

Me thinks the lawyers have been a little surprised by the outcry. When do lawyers not want people fined, etc.?

[DoughtyOne]

You had the same thought I did.  I watched her debate this issue and thought it rather chilling to watch
what might be a Moslem plead against might loosely be termed the Christian position on this.

[xJones]

It's simple. Just find a few skinheads, give them white sheets and tell them to yell that the 10 Commandments were written by a Jew, it's a Jewish claim, etc. The ACLU, with it's high percentage of Jewish lawyers might take the bait and even defend the 10 commandments. But to gain the ACLU's assistance, this must be framed as an anti-Jewish confrontation.

[Deathmonger]

Did anybody see Ayesha Khan on Hardball yesterday? She said that the momument could be offensive to people "who don't believe in the Ten Commandments".

I'll bet it would. If that's a new minority group that's going to get special protection, I'm leaving this country.

[DoughtyOne]

Agreed. This Khan woman was quite subdued in her arguements on screen. It seem rather odd to me. They pushed this to the ultimate limit, then she didn't voice her position much at all on camera. This was her big op to win the public over.

[mewzilla]

She said that the momument could be offensive to people "who don't believe in the Ten Commandments".

Oh, lovely argument that. We're to avoid offense now, are we? Ms. Khan, I really don't think you want to go there.

[DoughtyOne]

Don't you think it's rather interesting that a Moslem may have plead the case here against this Christian artifact. It's certainly not an observation that we should be afraid of mentioning if it is true. It appears a possibility, even if it ultimately winds up not being the case.

[JohnnyZ]

Roy Moore has the right to put up the 10 Commandments display.
The federal judge does not have constitutional basis for preventing him.
The other 'bama judges are within their rights to overrule Moore and have the monument moved.