Ari Fleischer Congressional Medal of Honor application file photo
Posted on 06/29/2006 7:06:36 PM PDT by SandRat
Again, did you even bother to read the decision OV? Let us not bother to sugar coat it, you clearly know NOTHING about what this decision actually says. The Junk Media has it ALL wrong. This does NOTHING to change the status of the Gitmo prisioners. Nothing. All it says is Bush doesn't have the authority to try the terrorists in front of Military Courts. Congress does have that authority.
You'll recall that Virginia gave multiple death penalties to John Muhammad.
Ari Fleischer Congressional Medal of Honor application file photo
Simple, we just return all these prisoners back to Iraq who now has a legitimate government and let them decide. In the future we don't take any prisoners. Or at least we don't take them out of the country.
with Roberts, we would have lost 5-4. its still a loss.
trust me, this SCOTUS will not allow indefinite detention of these terrorists based on the "war hasn't ended" argument. if the administration attempts to do that, another case will make its way up there. and the gang of 5 will come up with some other interpretation of the geneva convention that disallows a state of war to be indefinite.
we need a retirement while Bush is still in office.
its not handwringing, its realism. let's get serious here, the administration has some tough decisions to make now about what to do with these SOBs at Gitmo. you notice they sent 14 back to saudi arabia last week, we are going to see alot more of that.
the administration is fighting this war - all alone. the courts don't take it seriously, the congress doesn't, and sad to say - most americans do not either.
That's what I am thinking. The MSM and the libs may be dancing today but time is growing short twixt now and November. A vigorous debate on this in Sept-Oct would be nice. Their Happy Dance will turn into a St. Vitus twitch. ; )
all I can say is - listen to Mark Levin's analysis of what has happened here. if there is anyone with the ability to break it down, I trust his analysis.
again, maybe nothing changes right now. this isn't over yet, its going to continue, the left is going to build on this - and keep coming. we both know what their goals are here.
Good God...give me a break Geneve Convention...is for soldiers in uniform...terrorist not only aren't in uniform they have NO actual commanders. What an absolute joke. And what an absolute disgrace those supremes are!!!!!!!!!!!
But this decision does not advance their cause. In fact, there's a legal argument available that would allow for almost 100% of the Taliban and AlQaida to be tried for the 9/11 attack that took place in Virginia.
So many people forget that one ~ the attack occurred at Dulles airport (in Virginia) and on board the plane while it was in Virginia. Killings happened, etc.
We have a law here that allows us to subject folks to capital punishment for participation in any criminal event that results in someone's death. It's time to take advantage of federalism.
BTW, a little tinkering with the legal arguments associated with that law and I think we might even be able to rope in the New York Times and Washington Post!
yes, that will happen in many cases. but it can't happen with all of them.
and there are other shoes to drop here. the left is now going to move to deconstruct (through the courts), the CIA foreign prison operation, where the top AQ people are being held. get ready for that one, get ready for the same 5 Justices granting habeas to Khallid Sheik Mohammed.
The lawyers of this country are going to be our downfall. They involve themselves in every facet of our society...and while these psuedo-intellectuals debate the war...there are no consequences for killing Americans.
The Court ruled that the President does not have the authority to set up Military Tribunals. The Congress does. They ALSO specifically state the decision does NOTHING to change the status of the Prisoners. So UNTIL Congress acts, the Terrorists are in Legal Limbo. They cannot be tried in either US or Military courts. The Congress all ready passed, as part of McCains Anti Torture Amendment a limit on the Terrorists access to US Courts.
So RIGHT now,this very second, here is the Gitmo Terrorists Status. The Military cannot try them, the Civilian Courts cannot try them and we do not have to release them, per today's SC Decision.
Those are the facts. Those facts do not change no matter how loud the hysteric whining and doom and gloom screaming of the Know Nothings in the Junk Media get on this issue.
you are taking the static view of it.
you are honestly telling me, that you expect that these prisoners could be held forever? since we know this state of war with the terrorists will never end, there isn't going to be a peace treaty with AQ signed on a battleship someplace. that will not simply be held forever. and if the administration tried to do that, another case would be marched up there to contest the ability to hold them forever.
this is an incremental process, this is step #1.
The next logical complaint (on behalf of the terrorists) would be the "Constitutional right to a speedy trial." Since the Executive has spoken and been overruled by the Judiciary and the Judiciary has spoken and placed the authority to act with Congress ... let the debate begin.
I can't wait.
of course, the cases are just going to keep on coming.
now, Al Qaeda has geneva protections. that alone prevents a whole slew of methods being used against these guys. the Nuremberg trials would essentially have been outlawed by this ruling, since it was not a "pre-existing legal apparatus" used to try them, which geneva provides for.
the President is going to face some very difficult decisions over this. the FBI/CIA is not going to declassify evidence to try these guys in US federal courts, and turn it over in discovery to their ACLU lawyers.
remember who is in the senate - McCain and his gang.
what you are going to see emerge legislatively, is some very "soft" structure to try these guys - one that offers the terrorists something just short of US criminal court protections. we don't have the votes in the senate to drop the hammer on these guys, hard.
Are you Judge Napolitano? /s I just heard him explain this one minute ago. I liked his final suggestion though. One that I had also thought of. Give them to Karzai's government. Or if we detained them in Iraq give them to the Iraqi government. They can get a nice democratic trial there. And then execution.
It is not what Congress will come up with that I look forward to. It's the debate forcing the Dems (and RINOs) to go on the record saying that terrorists don't deserve to be tried by Military tribunal because tribunals are too harsh.
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