Posted on 06/13/2008 12:09:36 PM PDT by DCRoush
John McCain said Friday that the Supreme Court ruling on Guantanamo Bay detainees is “one of the worst decisions in the history of this country.” The presumptive GOP nominee said the decision, a 5-4 ruling Thursday that determined Guantanamo detainees have the right to seek release in civilian courts, would lead to a wave of frivolous challenges. “We are now going to have the courts flooded with so-called … habeas corpus suits against the government, whether it be about the diet, whether it be about the reading material. And we are going to be bollixed up in a way that is terribly unfortunate because we need to go ahead and adjudicate these cases,” he said at a town hall meeting in New Jersey. McCain said he has worked hard to ensure the U.S. military does not torture prisoners but that the detainees at Guantanamo are still “enemy combatants.” “These are people who are not citizens. They do not and never have been given the rights that citizens in this country have,” he said. “Now, my friends, there are some bad people down there. There are some bad people.” Barack Obama released a statement Thursday saying the Supreme Court decision “ensures that we can protect our nation and bring terrorists to justice while also protecting our core values.” “The Court’s decision is a rejection of the Bush administration’s attempt to create a legal black hole at Guantanamo - yet another failed policy supported by John McCain,” he said. “This is an important step toward re-establishing our credibility as a nation committed to the rule of law and rejecting a false choice between fighting terrorism and respecting habeas corpus.”
(Excerpt) Read more at elections.foxnews.com ...
Yep, but that’s how it is and I don’t intend to pretend otherwise or make myself neurotic over it. I’ll need my energy and my wits to fight it where I can and cover my rear where I have to.
Exactly what we're doing. We'll work on getting conservatives elected on the local and state level.
Do you think McCain will? I don’t. This ruling is in perfect synch with his philosophy - whether he wants to admit it or not.
No Bush's decision to abide by the Supreme Court Decision, is against the United States, God when will this Wimp go away. Tell me what he would have to lose, by standing up to this tyrannical court?
Again this is the problem with McCain (and apparently a lot of his supporters) they make decisions without understanding the consequence. I do not believe McCain wants to go down the path of Constitutional rights for terrorists but that is what happens.
Same goes for campaign reform, illegal immigration, vibrant capital markets, etc, he has one idea but does not think through the consequences of is actions.
EveningStar,
Here is the way to think about this:
1) Bush - keep prisoners in GITMO to avoid a federal judge ruling on a writ (Johnson v Eisentragger)
2) Recent SCOTUS - we don’t care where they are give them access to federal courts.
3) McCain - close GITMO bring them to Leavenworth where they are CONUS detainees and get access to federal courts.
I’m not saying McCain WANTS them to get federal court access but that is the net effect of his position - and that MY FRIEND is the problem with McCain.
Same goes for capital markets. He wants more transparency. He proposes regulations. Much more capital markets activities go offshore and the NET EFFECT is less transparency. If McCain has his way all US trading of commodity futures will end up in London, Hong Kong, Singapore, or the Middle East.
“The legislation that I had cited, S.3930, [provides military commissions the jurisdiction to try any offense made punishable by this chapter (articles 904 and 906 of the Uniform Code of Military Justice) or the law of war by an alien unlawful enemy before, on, or after September 11, 2001.]
You keep making claims like ‘McCain is too stupid to know this...The really amazing thing is I don’t think McCain and some posters get it. Stupid.’ Yet you don’t even appear to be familiar with this legislation that contradicts your claims.”
The legislation does not apply inside the CONUS. Sorry. McCain can say” I’m going to make a law that makes it illegal to have an abortion anywhere in the United States” and it would not be worth the paper it was printed on.
McCain is not running for emperor.
Case law allows writ for detainees inside the CONUS and that is Constitutional according to the courts.
“Thank you for the information. “
When ever McCain proposes something you have to ask “what are the ramifications.” He apparently does not. McCain-Finegold is a prime example. He honestly I believe intended to give up a little slice of the First Amendment to get money out of politics. But look what happened - more money and harder to trace money.
Just call him President Kennedy. I’m outraged by this decision. I wonder if the Chief Judge has any extra authority to “stay” this decision indefinitely since the President has announced that he will look into creating new law to overcome this outrage.
I hope that in his Presidential radio address he addresses this today; but given he is in Europe right now, he probably won’t. But he should, and he should openly state this is an abuse of judicial powers.
Well, yeah, they’re filing pro se. And since they are filing pro se, judges don’t always hold them to technical standards, so long as there is any way they can be found to have stated a claim.
You are standing on technical grounds and that doesn’t work in today’s judicial system in regard to the prison system.
Today inmates may petition either state or federal courts through several avenues. Under the Federal Tort Claims Act of 1976, inmates may allege intentional torts, such as assault, as well as negligence by the prison administration. Examples of negligence include deliberate indifference to the medical or health needs of inmates or improper training of jail or prison personnel. The most frequent avenue for inmate lawsuits is habeas corpus actions. Writs of habeas corpus may challenge three things: (1) the fact of confinement; (2) the length of confinement; and (3) the nature and conditions of confinement, including overcrowding.
And included in the "nature and conditions of confinement" is anything, including diet, hairstyle, etc., that the prisoner can dream of. A federal prosecutor sees LOADS of these habeas cases filed every week.
That said, yes, since these inmates are filing pro se, a lot depends on where they got the complaint they copied and what that previous inmate filed. They also use the FTCA and straight constitutional claims. But it's not incorrect to use "habeas" as a way to MAKE THE POINT that the SCOTUS ruling will dramatically increase inmate filings on all kinds of ludicrous grounds.
Of course, that could be instructive, too. ;)
Anyway, here's the link for the above quote:
Please see #232 .
Don't be an idiot
McCain isn't that powerful
for years he has pushed for and supported liberal judges...
No, he supported moderate judges, the ones that would pass a Senate confirmation. Conservative judges would not.
Stop the propaganda, you are coming off as a troll
“Stop the propaganda, you are coming off as a troll”
The only troll here sounds like you - McCainiacs like yourself need to realize the FR is not a place where idiots reside. McCain spearheaded the gang of 14 and with Kennedy almost destroyed this country with the passing of the “comprhensive” immigration reform. McCain will soon be speaking to LaRaza, an openly hispanic racist organization, why dont ya come on back and post after he opens his filthy racist mouth at that convention.
The ONLY reason I plan to vote for him is the simple fact not voting for him is a vote for Obama. Voting for McCain will be painful and difficult, but watching Obama win the general election and really see the country flushed down the socialist toilet is too much to bear. Posting for years he has pushed for and supported liberal judges is simply not true. All you have to do is look at the record.
McCainiacs like yourself need to realize the FR is not a place where idiots reside.
You can lecture me on about FR when you pass your ten year anniversary of posting. This place is full of idiots, morons, ignorant wanna be's and DU trolls. Thanks for proving my point
I think this is the issue.
There are people here that actually like McCain, There are people here that do not like him but will vote for him to keep Obama out. And there are people here that cannot vote for him no matter what.
What is troubling is that some people like McCain but don’t understand his reality (not bright) and some people want to cut off criticism because it means Obama.
Sorry but many of us rebel against the latter.
I have no problem criticizing McCain over the issues he is wrong on, which are many, and I have criticized him plenty, but for poster to post such nonsense as
McCain he will destroy what is left of the moral and conservative conscience of our country.
for years he has pushed for and supported liberal judges...
These things simply are not true which tells me the poster is either a irrational McCain hater or an Obama plant.
Then when he gets called on it, and calls me an McCainiac for pointing out his lie, sorry, but the truth about McCain is ugly enough, we don't have to make crap up out of thin air to suppress his vote
McCain as POTUS is odious, Obama as POTUS is unthinkable.
It will be one or the other as much as we don't like the choice
To suggest that President Bush does not have a spine is ludicrous, in view of his incredible determination to prosecute the GWOT against constant opposition.
Okay, then let’s see if he caves to the men in black.
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