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Bush-Era Debate: Using G.I.’s in U.S.
New York Times ^ | July 24, 2009 | MARK MAZZETTI and DAVID JOHNSTON

Posted on 07/24/2009 6:54:54 PM PDT by rdl6989

WASHINGTON — Top Bush administration officials in 2002 debated testing the Constitution by sending American troops into the suburbs of Buffalo to arrest a group of men suspected of plotting with Al Qaeda, according to former administration officials.

Some of the advisers to President George W. Bush, including Vice President Dick Cheney, argued that a president had the power to use the military on domestic soil to sweep up the terrorism suspects, who came to be known as the Lackawanna Six, and declare them enemy combatants.

Mr. Bush ultimately decided against the proposal to use military force.

A decision to dispatch troops into the streets to make arrests would be nearly unprecedented in American history, as both the Constitution and subsequent laws restrict the military from being used to conduct domestic raids and seize property.

The Fourth Amendment bans “unreasonable” searches and seizures without probable cause. And the Posse Comitatus Act of 1878 generally prohibits the military from acting in a law enforcement capacity.

In the discussions, Mr. Cheney and others cited an Oct. 23, 2001, memorandum from the Justice Department that, using a broad interpretation of presidential authority, argued that the domestic use of the military against Al Qaeda would be legal because it served a national security, rather than a law enforcement, purpose.

(Excerpt) Read more at nytimes.com ...


TOPICS: Crime/Corruption; Front Page News; US: New York; War on Terror
KEYWORDS: alqaeda; bush43; counterterrorism; jihadinamerica; jihadists; lackawannasix; lping; presidentbush; september12era; terrorisminusa; vicepresidentcheney; wot
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To: SUSSA
To date no charges have been brought against the mayor, the police chief, the General in charge of the troops, or anyone who participated in the crimes.

There was an individual case filed very recently (last month)...and by a VERY unlikely filer, the ACLU.
http://www.wdsu.com/news/19930035/detail.html
21 posted on 07/24/2009 7:59:49 PM PDT by bamahead (Few men desire liberty; most men wish only for a just master. -- Sallust)
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To: goat granny

Well, and another ungainly, manly looking AG, and don’t forget the tanks came from the Texas National Guard, courtesy of Ann Richards.


22 posted on 07/24/2009 8:02:10 PM PDT by Still Thinking (If ignorance is bliss, liberals must be ecstatic!)
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To: Rodebrecht

Any call from Obama for the military to deploy for domestic “use” will not be heeded. I’ll wager that the uniformed senior military leadership will regard it as an unlawful order.


23 posted on 07/24/2009 8:02:25 PM PDT by joelt
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To: Still Thinking

Ann Richards was one nasty old woman.......


24 posted on 07/24/2009 8:06:03 PM PDT by goat granny
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To: Bushbacker1

The constitution is such a nuisance/sarc


25 posted on 07/24/2009 8:13:00 PM PDT by Freedom56v2 ("If you think healthcare is expensive now, just wait till it is free! "~ PJ O'Rourke)
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To: bamahead

Thanks I hadn’t seen that. The NRA, the nation’s oldest civil rights organization, brought a civil case too but there have been no criminal charges filed and clearly there should be.


26 posted on 07/24/2009 8:17:01 PM PDT by SUSSA
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To: Paleo Conservative

In 1942 the US arrested, tried, convicted, and executed a group of NAZI saboteurs who were smuggled into the US via U-boat.
______________________________________________________

IIRC, it was and still stands as the fastest (not the largest) mass executions in US History. One guy turned himself in and spilled the beans about the operation. After we caught the other two, they were all tried and executed. the whole execution from 1st Nazi to last Nazi took less than 4 minutes. I tried googling that incident about a month ago and didn’t find anything. can you point me somewhere to read about it?


27 posted on 07/24/2009 8:26:02 PM PDT by model B (attitude is a little thing that makes a big difference -- Sir Winston Churchill)
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To: rdl6989
They were foreigners.

It was war.

Downside: Obama will use the same argument against citizens, instead of non-citizen terrorists.

28 posted on 07/24/2009 8:33:42 PM PDT by Mariner
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To: rdl6989

Interesting that the Times is bringing this up NOW, right before ostammer and his thugocracy try to put the screws to us in ways we’ve never seen before. It looks to me like they’re setting the stage for ostammer to violate Posse Comitatus to put the boot down on our necks when we rise up against his coup.


29 posted on 07/24/2009 8:45:57 PM PDT by bustinchops
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To: Gator113

The point is that since the idea has been batted around by a pub president, pubs and conservatives should not be able to cry out if ostammer decides to use troops against ‘terrorists’ such as you and me, as recently defined by Homeland Security, for rising up against the ruinous policies and laws he is enacting by fiat, Executive Order, and slamming through congress in the dark of night that nobody has read. They are looking for a means to give precedent or the glimmer of violating Posse Comitatus in advance so that he can bring military resources to bear on ordinary Americans exercising their various constitutional rights.


30 posted on 07/24/2009 8:52:38 PM PDT by bustinchops
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To: rdl6989

Me thinks someone is trying to change the subject. With all the negativity ZERO is getting and his sinking approval rating this doesn’t surprise me.

Gee, how about we talk about what this Marxist SOB we have in the White House is doing, eh New York Slimes?


31 posted on 07/24/2009 9:17:02 PM PDT by 1035rep
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To: Gator113; bamahead; rdl6989; All
So what's the point? They considered doing something they chose not to do and didn't.

Exactly. This article has no relevance, except perhaps to historians and legal scholars. The main purpose of the article, as far as the Slimes is concerned, is an opportunity for more Bush bashing after W has been out of office for six months.

32 posted on 07/24/2009 9:29:45 PM PDT by justiceseeker93
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To: Rodebrecht
The idea of sending troops to arrest people within in the US makes me really uncomfortable.

Read about the "Whiskey Rebellion". Goe. W. participated as CIC.

/johnny

33 posted on 07/24/2009 9:30:52 PM PDT by JRandomFreeper (God Bless us all, each, and every one.)
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To: goat granny
Ann Richards was one nasty old woman.......

And she's STILL DEAD! Can we get a round of applause for AR? Stand up Anne!

Ann Richards, Molly Ivens, Walter Cronkite.... Just having outlived those old socialists is enough for one lifetime. Thank You, Jesus.

But I'm not bitter. I'm just enjoying the fresher air.

/johnny

34 posted on 07/24/2009 9:35:47 PM PDT by JRandomFreeper (God Bless us all, each, and every one.)
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To: Rodebrecht
The idea of sending troops to arrest people within in the US makes me really uncomfortable.

How do you feel about sending troops in to kill men, women and children, all US citizens?
Oh ooops, that was a demonrat president so it is okay.

Tanks at WACO WACO

35 posted on 07/24/2009 9:45:48 PM PDT by Just A Nobody (Better Dead than RED! NEVER AGAIN...Support our Troops! Beware the ENEMEDIA)
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To: Paleo Conservative
In 1942 the US arrested, tried, convicted, and executed a group of NAZI saboteurs ...

1942...demonrat president so it is A-Okay!
Meanwhile, they would have burned President Bush at the stake had he taken those kind of actions to protect us and our country.

36 posted on 07/24/2009 9:47:43 PM PDT by Just A Nobody (Better Dead than RED! NEVER AGAIN...Support our Troops! Beware the ENEMEDIA)
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To: rdl6989

There are legitimate debates on this, but I don’t read too many articles complaining about Eisenhower federalizing the Arkansas National Guard to escort the Arkansas 9 into classes.


37 posted on 07/24/2009 9:49:18 PM PDT by Richard Kimball (We're all criminals. They just haven't figured out what some of us have done yet.)
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To: Paleo Conservative; bamahead; 1035rep; ml/nj; ExTexasRedhead; socialismisinsidious; LucyT; ...
The idea of sending troops to arrest people within the US makes me really uncomfortable.

Contrary to the opinion of the Duke professor which the Slimes interviewed, this situation has undoubtedly happened, at least in a practical sense, after the Civil War.

The roundup of Japanese-Americans in the western US for deportation to detention camps was done by the military in 1942, in accordance with an executive order from the "liberal" president Franklin D. Roosevelt. One can be certain that at least a few of these folks didn't cooperate voluntarily and were detained by the military by force.

Perhaps the good professor drew a blank on this because it occurred during a Democratic administration.

38 posted on 07/24/2009 9:58:06 PM PDT by justiceseeker93
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To: justiceseeker93
because it occurred during a Democratic administration.

I see we are on the same track. ;*)

39 posted on 07/24/2009 10:00:48 PM PDT by Just A Nobody (Better Dead than RED! NEVER AGAIN...Support our Troops! Beware the ENEMEDIA)
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To: Domandred

Those are Alabama Army National Guard.


40 posted on 07/24/2009 10:30:02 PM PDT by Thunder90
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