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The War Is Over: Federal courts have just surrendered in the war against radical Islam
National Review Online ^ | March 10, 2009 | Andrew C. McCarthy

Posted on 03/10/2009 4:20:57 AM PDT by Sergeant Tim

Last Friday, the U.S. Court of Appeals for the D.C. Circuit dealt a crushing blow to national defense. The three-judge panel’s ruling in al Odah v. United States has gotten scarce media attention. Perhaps that’s understandable: It’s a mind-numbing technical dispute over “discovery” in litigation, vying for attention against the socializing of our economy and the consequent collapse of the stock market. But the discovery in question is the most vital kind, namely, that of classified national-defense information. What is in dispute is how much sensitive intelligence we must share with enemies bent on annihilating Americans ... It is one thing, and quite a bad thing, to force the executive to defend our nation in court against our enemies. It is quite another thing, though, to suggest our enemies are entitled to a shred of information beyond the minimum necessary to demonstrate that their designation as enemy combatants is rational.

(Excerpt) Read more at article.nationalreview.com ...


TOPICS: Editorial; Foreign Affairs; Government; War on Terror
KEYWORDS: 111th; alodah; alqaeda; alqaida; alqeda; boumediene; congress; courts; dccircuit; dhimmi; dhimmitude; enemycombatants; islam; jihad; juduciary; obama; odah; radicalislam; scotus; tm; wot
As Andy McCarthy later points out, Congress intentionally passed on the opportunity to fix this last year; - Rep. Jerrold Nadler told Newsweek. “Let the courts deal with it.” - and surrendered in the WOT. Like 5 of 9 SCOTUS justices in Boumediene v Bush, a majority in Congress keeps trying to surrender while the enemy keeps coming with mass-murderous intent.
1 posted on 03/10/2009 4:20:58 AM PDT by Sergeant Tim
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To: CharlesWayneCT; armymarinemom; sofaman; Dr. Scarpetta; Cautor; Bahbah; baystaterebel; ...

Ping!


2 posted on 03/10/2009 4:21:58 AM PDT by Sergeant Tim (In the War on Terror, there is no place to run from here.)
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To: Just Lori; TheForceOfOne; SilvieWaldorfMD; Tennessee Nana; ThreePuttinDude; eastsider; del4hope; ..

Ping!


3 posted on 03/10/2009 4:22:34 AM PDT by Sergeant Tim (In the War on Terror, there is no place to run from here.)
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To: Sergeant Tim

BTTT


4 posted on 03/10/2009 4:23:18 AM PDT by Dr. Scarpetta
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To: Sergeant Tim

The motivation for taking prisoners is shrinking day by day.


5 posted on 03/10/2009 4:25:46 AM PDT by G Larry (Obama's plan = "STEALING FROM THOSE WHO CREATE THE JOBS!")
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To: Dr. Scarpetta

Thanks.


6 posted on 03/10/2009 4:26:32 AM PDT by Sergeant Tim (In the War on Terror, there is no place to run from here.)
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To: Sergeant Tim

Actually I look at this to be a failure and capitulation of our government...

Not of the people...

This just kinda frees us up to take care of this when the time comes...

OHHHH, but Stevie, you can’t take the law into your own hands!!!

Who says anything about the law??? There is no law...

People need to understand we can change this in November 2010, and in some cases get it all started this year in local elections...

Lets see, it took less than 60 days for the elected leader of this country to turn us upside down...And threre is not much we can do about it right now...

I would like to see how fired up people are in 20 or so months...And carry that right on into 2012...That may sound like a long time, and sure it’ll be hard to watch...But I bet we don’t have too many people that will remember any of this garbage...

What we had better hope is that there is not a really bad terrorist attack between now and then...

...just my opinion...


7 posted on 03/10/2009 4:28:54 AM PDT by stevie_d_64
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To: Sergeant Tim

Well, I’ll say it. There are people in Congress who WANT another attack on America. Just as there are people in Washington who WANT America destroyed, ie, fundamentally altered. A little crisis (like say a major terrorist strike) goes a long way toward the goal of altering America.


8 posted on 03/10/2009 4:29:49 AM PDT by 668 - Neighbor of the Beast (American Revolution II -- overdue.)
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To: Sergeant Tim

BTTT.


9 posted on 03/10/2009 4:30:00 AM PDT by NoGrayZone (Who Is John Galt?)
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To: Sergeant Tim
THE WAY IT WAS:

Millions of Islamic calendars PREDICTING THE attacks on America years in advance.

President George W. Bush (2001):
“You’re either on our side or the terrorists’ side”.


THE WAY IT IS:


10 posted on 03/10/2009 4:32:53 AM PDT by Diogenesis ("All governments suffer a recurring problem: Power attracts pathological personalities." - Dune)
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To: Sergeant Tim
Excellent, detailed, blood-curdling article.

Factor in the enormous resource drain the litigation requires, and holding prisoners becomes a net loss for the war effort. And the war effort becomes a waste of time unless you only kill rather than capture — which is al-Qaeda’s way of doing things, but not ours.

That's okay, because if the soldiers kill the enemy, then the left will see that they tried for murder when they get back. So everything's groovy for radical Islam.

11 posted on 03/10/2009 4:33:41 AM PDT by livius
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To: Sergeant Tim

Modern Law, and thus lawyers, have been the enemy of good for decades.

Frankly, a right, just and freedom loving lawyer should be in jail, as a well recognized enemy of the present legal system.

Most lawyers are little more than glorified clerks, and no, zero, zip political education and wouldn’t know Locke or Burke if you shoved them down their throats.

The few who can think beyond musty case law are mostly Marxists.

We are done.


12 posted on 03/10/2009 4:36:08 AM PDT by Leisler
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To: Sergeant Tim

These judges are doing their best to make sure the American people stop taking them seriously.

How long can they escape public accountability?


13 posted on 03/10/2009 4:38:49 AM PDT by reasonisfaith (Liberals have neither the creativity nor the confidence to understand the truth of conservatism)
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To: reasonisfaith

I guess this answers the question whether the Constitution is a suicide pact. Obviously to the leftest judges we have along with the scum in the congress and now at the White House, the answer is clear.

Vince


14 posted on 03/10/2009 4:44:49 AM PDT by Mouton
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To: 668 - Neighbor of the Beast

It seems as if we are being prepped for another terrorist strike. If and when it happens, O closing Gitmo is going to make him look like an inexperienced community organizer ...

Oh .....


15 posted on 03/10/2009 4:55:09 AM PDT by F15Eagle (1 John 5:4-5, 4:15, John 11:25, 14:6, 1 Tim 2:5, John 3:17-18, John 20:31, 1 John 5:13, John 6:69)
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To: Mouton

My impression is the leftists don’t even consider the Constitution (the real one) because it’s not something that’s part of them.

They are trying to remake everything in their own image—to force the world conform to their own internal desires—consistent with the only significant principle defining Marxism and with all tyrannical agendas throughout history.


16 posted on 03/10/2009 5:01:17 AM PDT by reasonisfaith (Liberals have neither the creativity nor the confidence to understand the truth of conservatism)
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To: F15Eagle

This is why the bush admin shouldn’t have overreached and just called people prisoners of war. Just wait until people like rush or tea-partyers get declared “enemy combatants” for disagreeing with the government, and held indefinitely without trial.


17 posted on 03/10/2009 5:07:26 AM PDT by OH4life
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To: Sergeant Tim

This... unit... must... die...

18 posted on 03/10/2009 5:07:39 AM PDT by SlowBoat407 (Obama had to destroy the economy in order to save it.)
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To: Sergeant Tim

Sickening. I suppose the bottom lone message here is to take no prisoners.


19 posted on 03/10/2009 5:09:08 AM PDT by SueRae
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To: OH4life

Well, there were better ways to have handled some things. But O’s approval is sinking fast. And barring some “miracle”, it will not improve. Because the economy isn’t going to change overnight.


20 posted on 03/10/2009 5:12:44 AM PDT by F15Eagle (1 John 5:4-5, 4:15, John 11:25, 14:6, 1 Tim 2:5, John 3:17-18, John 20:31, 1 John 5:13, John 6:69)
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To: OH4life

Actually, Bush et al under-reached. The “enemy combatants” should have been designated as spies, and summarily executed. The fact that President Bush saw the potential for (1) gleaning intel and (2) making a mistake in designating apprehended individuals were major causes of the decision to treat them as what they legally are - unlawful enemy combatants.

POWs are by definition uniformed enemy servicemen.


21 posted on 03/10/2009 5:15:27 AM PDT by MortMan (Power without responsibility-the prerogative of the harlot throughout the ages. - Rudyard Kipling)
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To: Sergeant Tim

We wonder if this expansive view of discovery will be applied in cases about the eligibility of the One? So far it does not seems so.


22 posted on 03/10/2009 5:19:07 AM PDT by AmericanVictory
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To: Sergeant Tim
The courts and Congress are not at war with radical Islam. Therefore, the nation is not at war with radical Islam, since it has not acted through its representatives in Congress assembled.

This is what Congress (and therefore the nation) being at war would look like:

" the President is hereby authorized and directed to employ the entire naval and military forces of the United States and the resources of the Government to carry on war against [radical Islam]; and to bring the conflict to a successful termination, all of the resources of the country are hereby pledged by the Congress of the United states."

"The President is hereby directed to..."

"Entire naval and military forces...and the resources of the government..."

"All the resources of the country are hereby pledged..."

That's war. What we have now is a charade.

23 posted on 03/10/2009 5:24:57 AM PDT by Jim Noble (They are willing to kill for socialism...but not to die for it.)
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To: Sergeant Tim

Obama’s test is coming. God help us.


24 posted on 03/10/2009 5:27:49 AM PDT by Fresh Wind (Hey, Obama! Where's my check?)
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To: Sergeant Tim

“This outcome has always been the fondest dream of the anti-war Left...Democrats knew that, if they sat on their hands, the courts would do their dirty work for them. And so it has come to pass.”

In a nutshell.


25 posted on 03/10/2009 5:37:33 AM PDT by polymuser (Wake up, America!)
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To: MortMan

These people must be willing to roll the dice that it won’t be them or their relatives jumping out of a building next time.

Decisions like this are designed to prevent us from fighting back in a meaningful way. Which is what they want.

Since they will never get near a battlefield, and they hate the military, they figure they can hamstring the military & either get them killed, or at least cut back on the number who will join or remain in the military. They must have loved the 90s, when we got hit repeatedly & didn’t really fight back & many of those killed were military.

However, they are the worst sort of cowards, as they are emboldened to issue opinions like this because they know that the military has significantly disrupted the terrorists over the past 7 years.

Where are the modern-day Jeffersons, Washingtons, Adamses & Franklins?


26 posted on 03/10/2009 5:46:02 AM PDT by Belle22
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To: Sergeant Tim

Good Morning, Sir.

I cannot express to you how disturbing this is.

They have no shame, no caring, no conscience, and we’re talking about our own home grown terrorists, our so called elected officials.


27 posted on 03/10/2009 5:46:44 AM PDT by HonestConservative (http://www.operationvalentine.blogspot.com/)
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To: HonestConservative

http://www.freerepublic.com/focus/f-bloggers/2203278/posts


28 posted on 03/10/2009 6:28:51 AM PDT by Sergeant Tim (In the War on Terror, there is no place to run from here.)
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To: Sergeant Tim
Obama and congress, like Clinton, are dedicated to destroying the military and our National Security System

Clinton effectively emasculated the CIA and FBI, and reduced the Military with enough downsizing that if you took everything he cut it would make a sizeable military better than many countries have.

29 posted on 03/10/2009 9:42:03 AM PDT by Syncro (I'd rather regret something I did do instead of regretting not doing it.)
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To: G Larry

Ask, shoot, shovel..


30 posted on 03/10/2009 11:47:13 AM PDT by sheik yerbouty ( Make America and the world a jihad free zone!)
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To: Sergeant Tim

Take no prisoners!


31 posted on 03/10/2009 1:09:08 PM PDT by NRA2BFree
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To: Sergeant Tim

I have absolutely no problem with the ‘shoot to kill’ mentality this is going to instill in our brave military members.

No prisoners, no problems.

And while we’re at it, lets instill a little more of that line of thinking in each of us citizens, as it’s going to come down to we, Americans, defending our country ourselves because it’s very apparent that the enemy IS within the gates.


32 posted on 03/11/2009 9:07:18 AM PDT by Diana in Wisconsin (Save The Earth. It's The Only Planet With Chocolate.)
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To: G Larry
The motivation for taking prisoners is shrinking day by day.

Bingo!
To paraphrase CDR Marchinko: The only good Tango is a dead Tango.

33 posted on 03/11/2009 9:11:14 AM PDT by BlueNgold (... Feed the tree!)
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To: Sergeant Tim

dhimmi bump


34 posted on 03/11/2009 1:39:34 PM PDT by Dajjal (Obama is an Ericksonian NLP hypnotist.)
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