Posted on 04/02/2018 5:44:07 PM PDT by ransomnote
Diversion...
I can understand the techie limitations. I appreciate your kind words, and you are welcome for any kindness I might be able to offer, but my opinion still holds:
That is an interesting perspective you offered!
I have always valued your contributions! :-D
It was no accident. There’s definitely something there.
Hamdi v. Rumsfeld, 542 U.S. 507 (2004) is the modern case of a civilian aimed at a military tribunal. Reaching a conclusive opinion was short circuited as the Bush admin eventually shuttled Hamdi to the civilian courts. Scalia's dissent in Hamdi is pretty good.
Where the Government accuses a citizen of waging war against it, our constitutional tradition has been to prosecute him in federal court for treason or some other crime. Where the exigencies of war prevent that, the Constitution's Suspension Clause, Art. I, S:9, cl. 2, allows Congress to relax the usual protections temporarily.
Thomas came out in the opposite direction ...
The Executive Branch, acting pursuant to the powers vested in the President by the Constitution and with explicit congressional approval, has determined that Yaser Hamdi is an enemy combatant and should be detained. This detention falls squarely within the Federal Government's war powers, and we lack the expertise and capacity to second-guess that decision. As such, petitioners' habeas challenge should fail, and there is no reason to remand the case.
It is one thing to be heavy-handed with Hamdi, and another thing to be heavy-handed against a somewhat popular politician, even one that sold the country to the highest bidder.
I encourage at least a skim through the Scalia and Thomas dissents in the Hamdi case to get a reasonable idea of the arguments that would be sure to surface, should Trump choose to prosecute ANY American citizen in a military tribunal. Not saying it can't be done, but the tidy way is to get Congress to suspend habeas corpus. That is a big deal, as Biden would say.
Well summarized and said, Bv
Those are good!
MAGA!
I’ll vote for that. Hallelujha and speed up the indictments.
hallelujah (I didn’t catch transposition)
From the Wash Post
“Mueller told Trumps attorneys the president remains under investigation but is not currently a criminal target”
Considering the source, but still interesting...
A man’s gotta eat.
Mini-boom, maybe. I expect a tweet if the WaPo story gets the usual legs this sort of story gets. "No collusion. Witch Hunt! Shut-it-down!"
Ah well. At least it promoted discussion.
Roenstein’s August permission slip is an interesting revelation. It sure seems that this was all set up a long time ago.
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