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I have a tough time with this one. Partly, it has to do with the word "war". The justification for holding people without trial is that we are at war. The problem is this war, unlike wars in the past, has no apparent limit of duration. Hence, the conditions of the war become the permanent conditions of the United States.

I really don't know the answer to this one.

1 posted on 03/08/2006 5:43:26 PM PST by strategofr
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To: strategofr

Once this war gets to the courts, we have lost. I say bring all our guys back now, buy a few more rifles and lots of ammo and let the chips fall where they may.


2 posted on 03/08/2006 5:46:29 PM PST by caisson71
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To: All

When does the Justice Department have jurisdiction over the US Military in times of war? The Administration should say "OK Justice...Enforce it!"


3 posted on 03/08/2006 5:47:16 PM PST by bennowens
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To: strategofr
Partly, it has to do with the word "war".


That is the biggest problem in changing the fight against terrorism from one of a simple law enforcement matter to one of a fight against a homeless, borderless enemy in a war that there will never be a clear finish...if a finish at all. I can remember hearing discussions of this eventuality was back in the 70s...so it has been a long time coming.

On the plus side, now we can tell a detainee to either cooperate...or we will tell every one how you cooperated...and that will not be good for the health of the detainee's friends and family.
4 posted on 03/08/2006 5:55:14 PM PST by P-40 (http://www.590klbj.com/forum/index.php?referrerid=1854)
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To: strategofr

Probably another judge appointed by Carter


5 posted on 03/08/2006 5:55:23 PM PST by tsali
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To: strategofr

Ship the detainees back to Iraq and Afghanistan and let them have a quick fair trial then hang them all.

That would teach the courts and liberal terrorist appeasers about why it is better to not get involved.


6 posted on 03/08/2006 5:56:31 PM PST by A CA Guy (God Bless America, God bless and keep safe our fighting men and women.)
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To: strategofr
The problem is this war, unlike wars in the past, has no apparent limit of duration.

That's plain wrong. No war has had a fixed time limit, yet.

7 posted on 03/08/2006 5:56:52 PM PST by ncountylee (Dead terrorists smell like victory)
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To: strategofr

There has been no "declaration" of war. That is part of the problem. Without the declaration....the courts had an opening...and the left and their terrorist allies have used the opening. A costly mistake. Let us not make that mistake with Iran.

JEDI.


9 posted on 03/08/2006 6:08:54 PM PST by JediForce (DON'T FIRE UNTIL YOU SEE THE WHITES OF THE CURTAINS THEY ARE WEARING ON THEIR HEADS !)
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To: strategofr
Ironically, IIRC, Donald Rumsfeld, while in Congress, introduced and championed the FOIA.
13 posted on 03/08/2006 6:54:29 PM PST by HoosierHawk
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To: strategofr

I dont know of any past wars that run by the clock with a time limit like a football game, do you? I will note that this is an un-declared war against islamist psycho's (Not a war on terror). Lets declare the war and call it what it really is.


14 posted on 03/08/2006 7:03:49 PM PST by Minutemen ("It's a Religion of Peace")
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To: strategofr

It irks me to no end that Al Qaeda (and bootlickers thereof) have any standing in our legal system.


15 posted on 03/08/2006 7:26:02 PM PST by GOP_1900AD (Stomping on "PC," destroying the Left, and smoking out faux "conservatives" - Take Back The GOP!)
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To: strategofr

I don't agree that the situation presents a problem.

It is not by our actions or our choices that this war may be endless. The duration of it, and thus the duration of the time that prisoners are detained will also not be determined by us; it will be determined by how long major terrorist orgnizations contine to create the war we are defending ourselves in.

The fact that we can not determine how long they will sustain this war does not alter the principles concerning the detentions.

The people that are upset with what this means for the detainess are taking their complaints to the wrong people when they bring those complaints to us. They should be out marching in world-wide demonstrations against the terrorists, so the detainees can go home, instead of falsely calling our defensive measure an atrocity. The atrocity is their war.


16 posted on 03/08/2006 7:45:21 PM PST by Wuli
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To: strategofr

I'm beginning to think President Bush should have just gone to Afghanistan, blasted it off the face of the earth and come home and waited until NYC or LA was completely wiped out. Maybe then the country would have understood we're at war. They don't understand it now, even people on this board only give it lip service.


20 posted on 03/08/2006 7:57:10 PM PST by McGavin999 (I suggest the UAE form a Joint Venture Partnership with Halliburton & Wal-Mart)
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To: strategofr

The names are as follows :

Mohammed
Mohammed
Mohammed
Mohammed
Mohammed
Mohammed
Mohammed
Mohammed
etc.


22 posted on 03/08/2006 8:36:40 PM PST by festus (The constitution may be flawed but its a whole lot better than what we have now.)
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