Posted on 04/20/2013 12:55:08 PM PDT by yoe
Several Republican lawmakers are calling for the surviving suspect in the Boston Marathon bombings to be tried as an enemy combatant, rather than as an ordinary criminal.
“It is clear the events we have seen over the past few days in Boston were an attempt to kill American citizens and terrorize a major American city,” read a Saturday statement from Sens. Lindsey Graham (R-S.C.), John McCain (R-Ariz.), Kelly Ayotte (R-N.H.) and Rep. Peter King (R-N.Y.). “The accused perpetrators of these acts were not common criminals attempting to profit from a criminal enterprise, but terrorists trying to injure, maim, and kill innocent Americans. The suspect, based upon his actions, clearly is a good candidate for enemy combatant status. We do not want this suspect to remain silent.”
Their statement came after Dzhokar Tsarnaev was taken into custody and sent to the hospital Friday night.
[snip] “America is part of the battleground,” he said. “If you capture someone on the battleground, they should not be given the privilege of a civilian trial where they are given different rights...
[snip] “We continue to face threats from radical Islamists in small cells and large groups throughout the world,” they said. “They have, as their primary focus, killing as many Americans as possible, preferably within the United States. We must never lose sight of this fact and act appropriately within our laws and values.”
(Excerpt) Read more at politico.com ...
Grounds for Denaturalization
Falsification or Concealment of Relevant Facts: You must be absolutely truthful when filling out paperwork and answering interview questions related to the naturalization application process. Even if the U.S. Citizenship and Immigration Service (USCIS) fails to recognize any lies or ommissions at first, the agency may file a denaturalization action against you after citizenship has been granted. Examples include failure to disclose criminal activities or lying about one’s real name or identity.
Refusal to Testify Before Congress: You may not refuse to testify before a U.S. congressional committee whose job it is to investigate your alleged involvement in subversive acts, such as those intended to harm U.S. officials or overthrow the U.S. government. This requirement to testify in order to maintain citizenship status expires after 10 years.
Membership in Subversive Groups: Your citizenship may be revoked if the U.S. government can prove that you joined a subversive organization within five years of becoming a naturalized citizen. Membership in such organizations is considered a violation of the oath of U.S. allegiance. Examples include the Nazi Party and Al Qaeda.
Dishonorable Military Discharge: Since you may become a naturalized U.S. citizen by virtue of serving in the U.S. military, your citizenship may be revoked if you are dishonorably discharged before serving five years. Reasons for dishonorable discharge, which must follow a general court-martial, include desertion and sexual assault.
The Denaturalization Process
Denaturalization, in which a naturalized citizen is stripped of his or her citizenship, is a process that occurs in federal court (typically in the district court where the defendant last resided) and follows the standard rules of federal civil court cases. As such, it is not an immigration case even though it affects immigration status.
Naturalized citizens found to be in violation of the terms of citizenship must leave the country. Children granted citizenship based on their parent’s status may also lose their citizenship after that parent has been denaturalized.
As with any other civil case, the denaturalization process begins with a formal complaint against the defendant, who may respond to the complaint and defend himself or herself at trial (or hire an immigration attorney). The defendant has 60 days to file an answer to the complaint, where he or she may claim the action is based on wrong information or that the statute of limitations has expired, for example.
The U.S. government has a high bar for proving a defendant meets the criteria for denaturalization (a heavier burden of proof than most civil cases, but not as great a burden as criminal cases), according to the USCIS Adjudicator’s Field Manual:
“Because citizenship is such a precious right, it cannot be taken away unless the government is able to meet a high burden of proof... Accordingly, a case should only be referred for denaturalization where there is objective evidence to establish that the individual was not eligible for naturalization, or procured naturalization by willful concealment or material misrepresentation.”
If your U.S. citizenship is revoked, you may be deported soon after the verdict is issued.
Several Republican lawmakers are calling for the surviving suspect in the Boston Marathon bombings to be tried as an enemy combatant, rather than as an ordinary criminal. “It is clear the events we have seen over the past few days in Boston were an attempt to kill American citizens and terrorize a major American city,” read a Saturday statement from Sens. Lindsey Graham (R-S.C.), John McCain (R-Ariz.), Kelly Ayotte (R-N.H.) and Rep. Peter King (R-N.Y.).This won't sit well with the Lew Rockwell crowd.
Yeah, the skids were definitely greased for McVeigh. He didn’t want to talk, rather wanted to die, and the Feds were quick to accommodate him before he changed his mind.
But what about the law you were pushing - and what is legal and what isn't. Now it's down to what you think. Seems likely you are proponent of what isn't good for America.
I TOTALLY agree. He should be treated no differently than if you or I did the very same thing.
Federal jurisdiction applies as he killed and maimed people from other states and countries.
You understand, of course, that the constitution also establishes a legislative branch as well, right? If that is so then clearly the framers intended for them to write laws.
He may have followed everything correctly....
His citizenship is very likely to get stripped, but as part of a sentence that will follow either a trial or a plea.
RICO would be the best option. US citizen, try him for premeditated in Mass, and concurrently investigate his cohorts at the fed level.
Just like the NBP at the polling place, um, never mind.
I dont think jurisdiction does apply and even if it did he should not subjected to those stupid federal laws passed by congress.
The constitution lists 4 federal crimes.
I know what you mean...
Enumerated under the constitution.
Which they haven’t been strictly following for about 150 years.
Hmm. That could be why the newbie wants the Fed's out of it.
” I notice the media and pundits are all in agreement that we need more surveillance cameras.
This is how the constitution dies.”
Man, is that the truth.
Wrong. I want the Feds out of it because I support and defend the constitution which lists 4 federal crimes.
So unless he;s being charged under one of those King Obama should stay away.
This would also be the position of Washington, Madison etc .
The Founders gave us a rule book to play by. You either believe in it or you don't. If his guilt is that certain, the system will deal with him. If it's life in prison, it's not like a scrawny teenager is going to fare very well in that environment. He'll be someones bitch for the rest of his life. How about we let that happen and not put anymore sh*t stains on the constitution?
Well, that’s your take and it’s going to be Obama’s too, so congratulations, you will be vindicated.
It’s also suicidal. This was an act of war against the United States, and he was a combatant from a foreign country in the US under false pretenses. Pretending that it is merely a criminal matter is idiocy. It ignores foreign governments and international forces that are behind this that your pathetic criminal justice system cannot touch.
You lawyers will be the death of all of us if we allow it.
Didn’t Randy Weaver win a civil case against him?
I know he did against the Feds but admit I’d have to go back and refresh my memories on the outcome of that case.
I don’t like all the federal crimes that aren’t provided for in our Constitution, but Treason is there, it fits this crime, and carries the appropriate punishment.
“Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort.”
War and Enemies are terms that have legal definitions, both of which are probably met here. If he was purposefully furthering the cause of professed enemies of the United States, then try him in federal court for Treason. No way it’s going before a military tribunal.
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