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Author Topic:   Guantanamo House of Cards ...
jar
Member (Idle past 416 days)
Posts: 34026
From: Texas!!
Joined: 04-20-2004


Message 46 of 49 (405120)
06-11-2007 12:46 PM
Reply to: Message 45 by RAZD
06-11-2007 12:11 PM


Re: Lawful Terrorists.
After the fact victory. History is written by the victor eh?
I think that is a very important point. Success and time make many determinations.
It is important, I think to remember that there is a difference between "legal" terrorism and "proper" terrorism.
The Boston Tea Party was an act of civil disobedience. It was not a movement towards revolution, and did not endanger lives. It was though a "Property Crime".
I think it is also necessary to point out that it did not profit any of the participants and so is different than looting as an example.
HOWEVER.
One of the people agitating for such actions was the Criminal Smuggler John Hancock. He had a vested interest in bringing in untaxed goods which could be sold at a lower price than the "legal" imports.
Although Hancock was charged as a smuggler those charges were dropped, but there were still hundreds of additional indictments against John Hancock outstanding. For that reason we cannot say that his behavior was solely that of an enlightened patriot.
A basis for legal action did not really arrive until the Articles of Confederation were adopted by the Second Continental Congress almost 5 years later.

Aslan is not a Tame Lion

This message is a reply to:
 Message 45 by RAZD, posted 06-11-2007 12:11 PM RAZD has replied

Replies to this message:
 Message 47 by RAZD, posted 06-11-2007 6:14 PM jar has replied

  
RAZD
Member (Idle past 1427 days)
Posts: 20714
From: the other end of the sidewalk
Joined: 03-14-2004


Message 47 of 49 (405166)
06-11-2007 6:14 PM
Reply to: Message 46 by jar
06-11-2007 12:46 PM


Not an Enemy Combatant
Interesting how we suddenly have a news issue related to this argument:
http://www.npr.org/templates/story/story.php?storyId=1094...
quote:
A U.S. resident cannot be detained indefinitely without charge under the Military Commissions Act, a divided federal appeals court ruled Monday in a decision that could be a blow to the Bush administration's strategy for fighting the war on terror.
In the 2-1 decision, the 4th U.S. Circuit Court of Appeals panel found that the federal Military Commissions Act doesn't strip Ali al-Marri, whom authorities suspect of being an al-Qaida operative, of his constitutional right as a legal U.S. resident to challenge his accusers in court.
"To sanction such presidential authority to order the military to seize and indefinitely detain civilians, even if the president calls them 'enemy combatants,' would have disastrous consequences for the constitution ” and the country," the court panel said.
Prosecute him as a criminal or let him go. What you gain is more than what you might lose: what the US is about.
Enjoy.

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This message is a reply to:
 Message 46 by jar, posted 06-11-2007 12:46 PM jar has replied

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 Message 48 by jar, posted 06-11-2007 7:11 PM RAZD has not replied

  
jar
Member (Idle past 416 days)
Posts: 34026
From: Texas!!
Joined: 04-20-2004


Message 48 of 49 (405169)
06-11-2007 7:11 PM
Reply to: Message 47 by RAZD
06-11-2007 6:14 PM


Re: Not an Enemy Combatant
The key point I see of concern is:
A U.S. resident cannot be detained indefinitely without charge under the Military Commissions Act, a divided federal appeals court ruled Monday in a decision that could be a blow to the Bush administration's strategy for fighting the war on terror.
This ruling applies to a US Resident.
That is an extension from simply a US Citizen and I think that is reasonable.
But there are many, many questions still remaining.
Can a Non-resident be detained indefinitely without charge?
Ali al-Marri was arrested in December of 2001. He has been in solitary confinement since June of 2003. It is now June of 2007 and he still has not been charged with anything.
Further, the Military Commissions Act which is what the Administration was using to justify their behavior, was not even passed until last year.
These are questions that really need to be debated.
Consider.
The US is using lots of contract labor all over the world. Because we have stretched the military so far, we have been offloading many of the old military functions to civilian agencies. Under the current rules they do not qualify as legal combatants.
So what status would the contract labor that the US hires and emplaces in places such as Afghanistan and Iraq? Are they a legitimate military target or civilian infrastructure? If they respond to an attack or perceived threat, are they terrorists, mercenaries, legal combatant?
If a US citizen or resident that simply provided information, funding or counsel to those the US designates as enemies (Al Quaida) is chargeable, should a US Citizen who provided active support to US forces in Iraq be charged similarly in an Iraqi Court as a Terrorist?

Aslan is not a Tame Lion

This message is a reply to:
 Message 47 by RAZD, posted 06-11-2007 6:14 PM RAZD has not replied

  
Minnemooseus
Member
Posts: 3945
From: Duluth, Minnesota, U.S. (West end of Lake Superior)
Joined: 11-11-2001
Member Rating: 10.0


Message 49 of 49 (509724)
05-24-2009 5:13 AM


Waterboarding (and, on the side, Jesse Ventura on many things)
From Daily Kos:
quote:
Conservative radio host after waterboarding: It's "absolutely torture...that's drowning"
Also, from Jessie Vernura:
The Jessse bolded part quote I saw in TIME magazine, in some context from the above cite (and early in the first Jesse video):
quote:
Claiming that he was water-boarded as part of Navy Seal training he received during the Vietnam War era, Ventura says:
[Water-boarding] is torture... It's drowning. It gives you the complete sensation that you are drowning. It is no good, because you -- I'll put it to you this way, you give me a water board, Dick Cheney and one hour, and I'll have him confess to the Sharon Tate murders.
I think Jesse should co-host on Fox with Shawn Hannity (or something like that).
Moose

  
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