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Ashcroft: Holder lacks legal authority to order terror trials
The Hill ^ | 11/18/09 | Michael O'Brien

Posted on 11/19/2009 1:44:22 PM PST by Conservative Vermont Vet

Attorney General Eric Holder lacks authority to make a decision on moving terror detainees to civilian courts for trial, one of his predecessors said Wednesday.

Former Attorney General John Ashcroft, who held his position during the Bush administration from 2001-2005, said that Holder lacked the legal standing to decide to move alleged 9/11 mastermind Khalid Shaikh Mohammed and other terror detainees to federal courts in New York City to stand trial. >p>

"The attorney general doesn't have the authority to mandate that the secretary of Defense turn somebody over to him and yield jurisdiction so that something that would have been done in a military setting is done in a civilian setting," Ashcroft told the Christ Stigall show on KCMO radio this morning.

"I believe that this is a decision that comes as a result of the president making the decision, or if not making the decision, allowing an attorney general to do what he normally doesn't have the authority to do, and could only do at the acquiescence of the president," the former AG and former Missouri senator argued.

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


TOPICS: Breaking News; Constitution/Conservatism; Crime/Corruption; Government; News/Current Events; War on Terror
KEYWORDS: ashcroft; bhodoj; citizenrights; democrats; holder; iffbcb; ksm; military; militarytribunals; obama; terrorists; veterans; waronterror
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To: matthew fuller

Thanks for the correction... I understand the difference between the two — I just should’ve been in bed a while ago! :)

Thanks again though! I do appreciate it.


81 posted on 11/19/2009 11:54:37 PM PST by LibertyRocks ( http://LibertyRocks.wordpress.com ~ ANTI-OBAMA STUFF : http://cafepress.com/NO_ObamaBiden08)
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To: Conservative Vermont Vet
..he lacks intelligence to be AG
82 posted on 11/20/2009 2:25:43 AM PST by Doogle (USAF.68-73..8th TFW Ubon Thailand..never store a threat you should have eliminated))
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To: Conservative Vermont Vet
Attorney General Eric Holder described the United States Wednesday as a nation of cowards on matters of race, saying most Americans avoid discussing awkward racial issues.

Eric "Ban Guns But I Love The New Black Panthers and Terrorists" Holder is a disgrace.


83 posted on 11/20/2009 3:02:24 AM PST by SkyPilot
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To: Conservative Vermont Vet
One sign of a strong leader is the proper delegation of authority. I've noticed a trend with Obama since he's been in office in that he delegates difficult decisions to his underlings as a way of deflecting criticism from himself and then takes credit for the “softballs.” The exact opposite of what a dedicated leader should do.
84 posted on 11/20/2009 3:48:26 AM PST by RU88 (Bow to no man)
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To: PubliusMM

“I am fully convinced that the 0bama administration is a true criminal enterprise, with its leader holding office under fraudulent pretenses, and his minions operating well outside the constraints of the US Constitution.

It’s time to take back the country.”

I have a feeling you were convinced before now. I was convinced from 4 hours of my own internet research in June of 08 ;-)


85 posted on 11/20/2009 4:43:12 AM PST by stephenjohnbanker (Support our troops, and vote out the RINO's!)
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To: NoObamaFightForConservatives

“If they are GUARANTEEING the terrorists convictions BEFORE the trial THIS ALONE could throw the trial. HOW and WHO IN THE HELL do they think they are as attorneys muchless CIC and AG to call a plea before a trial had begun? “

Obama wants the terrorists to go free. And they will. Ask any good criminal lawyer. I did.


86 posted on 11/20/2009 4:46:30 AM PST by stephenjohnbanker (Support our troops, and vote out the RINO's!)
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To: Typical_Whitey

One? ONE!? This crazy Sum bitch is trying to get ALL OF US killed.


87 posted on 11/20/2009 5:29:43 AM PST by halfright (My presidents picture is in the dictionary, next to the word, "rectum".)
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To: Conservative Vermont Vet
IS IT JUST ME WHO THINKS THIS IS "HUGE" or is this much ado about nuttin?

Of course this is important.Very important.But nothing will ever come of it.Whether the Attorney Corporal realizes it or not if this thing goes wrong,public opinion-wise,he'll be hung out to dry just as Reno was for Waco and Elian.Hussein wants this three ring circus to take place.He'll be cheering and stamping his feet (in the family quarters,that is) as he watches Bush/Cheny/Rumsfeld be dragged through the mud by the Maoist lawyers who'll represent KSM.And he'll cheer even more loudly (again,in the family quarters) if any indictments against top W aides are handed down in The Hague.

And his great friend (and mentor),Bill Ayers,will be cheering right alongside of him.

88 posted on 11/20/2009 5:49:42 AM PST by Gay State Conservative (Host The Beer Summit-->Win The Nobel Peace Prize!)
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To: NoObamaFightForConservatives
Here is some interesting info:

Robert Bauer, Obama's new WH Counsel, was a partner at Perkins Coie, the law firms that is best known for the pro bono defense (logged about a third of their total workload) of Salim Ahmed Hamdan, aka Saqr al-Jedawi, Osama Bin Laden’s former chauffeur and good buddy of Nasser Al-Bahri who was linked to the bombing of the American Destroyer U.S.S. Cole. The case, which the law group brought to the Supreme Court: Salim Ahmed Hamdan versus Donald H. Rumsfeld, et al. With charges dropped as unconstitutional, Hamdan was held as an enemy combatant and brought up on new charges July 21, 2008. He was sentenced to five and a half years imprisonment, but had already served five. He was cleared of terrorism and conspiracy charges and transferred to Yemen where he was released January 8, 2009.

Source

Then if you consider Holder was instrumental in:

1) Pardons of Weather Underground terrorists Linda Evans and Susan Rosenberg who were transporting 740 pounds of explosives for use in bombings.

2) Clemency for 16 FALN terrorists, withholding information from Congress and AG Janet Reno and overriding the FBI's own opposition to clemency for the FALN terrorists who were part of a terrorist campaign that included a wave of terror carrying out 130 bombings over nearly a decade.

3) The pardon of Marc Rich.

4) Helping Chiquita secure a slap-on-the-wrist plea deal to charges that it funded two Columbian terrorist death squads. Among the most savage of its many massacres was a 1998 attack on an Urabá village in which they murdered 11 peasants after burning them with acid to force them to confess they were guerrillas.

Given these facts, the timing of Bauer's appointment coinciding with the Holder decision on the terrorists was already a little unnerving. The newest development that the remarks made by Obama and Holder could cause a mistrial are just downright frightening. Whose side are they on?
89 posted on 11/20/2009 6:15:00 AM PST by ravingnutter
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To: stephenjohnbanker
I know.

At this stage what concerns me the most is that there are no lawyers screaming this from a rooftop...

This is another point worth discussing. Today I read somewhere Obama and or Holder GUARANTEED these terrorists convictions. Isn't this going against the very thing Obama and Holder are seemingly trying to do? They preach the liberal mantra.. Being fair, give justice to the poor, poor crybaby tortured by Bush; terrorists?

Obama and Holder are GUARANTEEING the terrorists convictions BEFORE the trial THIS ALONE could throw the trial. HOW and WHO IN THE HELL do they think they are as lawyers; muchless CIC and AG to call a trial before a trial has begun.

I remember hearing that the very fact that the CIC just showed up for the Fort Hood memorial...lawyers were already saying does not look good for a fair trial for the Fort Hood shooter because that is his CIC taking sides.

90 posted on 11/20/2009 6:15:17 AM PST by Dubya-M-DeesWent2SyriaStupid!
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To: Conservative Vermont Vet
Fine...if Ashecroft is right...then file suit.

File...or shut the heck up. We all know how wrong this is. Preaching about it repeatedly, wringing our hands over it, setting our hair on fire and running about screaming isn't changing anything.

Either bring suit....or shut up.

91 posted on 11/20/2009 6:17:17 AM PST by Logic n' Reason (If you always do what you always did, you'll always get what you always got.)
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To: K-oneTexas

I think its worth a try to file a Writ in U.S. District Court


92 posted on 11/20/2009 6:22:33 AM PST by Old Retired Army Guy (tHE)
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To: ravingnutter
Wow I knew he and his wife were radical but not this bad. It puts the puzzle together.

Article

There are rumors that Obama chose him to 'erase Obama's name from ACORN'. But it is obvious that he would not blink an eye in remorse of allowing 9/11 terrorists' a slap on the wrist.

Google Search

93 posted on 11/20/2009 6:26:39 AM PST by Dubya-M-DeesWent2SyriaStupid!
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To: livius

Wow, just yesterday I asked someone why Ashcroft hadn’t said anything on this.


94 posted on 11/20/2009 6:50:07 AM PST by AliVeritas (Pray folks. Psalm 109:8)
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To: NoObamaFightForConservatives

“Obama and Holder are GUARANTEEING the terrorists convictions BEFORE the trial THIS ALONE could throw the trial. HOW and WHO IN THE HELL do they think they are as lawyers; muchless CIC and AG to call a trial before a trial has begun.”

If Bush did this, the MSM and NY Times would have called for his execution ;-)


95 posted on 11/20/2009 6:50:16 AM PST by stephenjohnbanker (Support our troops, and vote out the RINO's!)
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To: holdonnow; mware; malia; Just Lori; Bahbah; Congressman Billybob

Legal question ping.


96 posted on 11/20/2009 6:52:49 AM PST by AliVeritas (Pray folks. Psalm 109:8)
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To: Sacajaweau

Offtopic, but need to know:

UPDATE 1-US’ GE Capital raises $500 mln in debut Islamic bond

http://www.reuters.com/article/fundsFundsNews/idUSLJ41775120091119?rpc=401

Also, Goldman Sachs and Citi are in on it.

Also, see second and third post here:

http://www.shariahfinancewatch.org/blog/category/goldman-sachs/


97 posted on 11/20/2009 7:05:02 AM PST by AliVeritas (Pray folks. Psalm 109:8)
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To: devistate one four
Death to islamists!!

Agreed. But what should we do that the President is one? That could be trouble.

98 posted on 11/20/2009 7:07:36 AM PST by onedoug
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To: onedoug

Well, since noone has standing to challenge the POS, we gotta wait till he is ejected.

If antone can prove he is a usurper, then he gets to go to jail.


99 posted on 11/20/2009 7:16:23 AM PST by devistate one four (Back by popular demand: America love or leave it (GTFOOMC) TET68)
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To: onedoug

Well, since noone has standing to challenge the POS, we gotta wait till he is ejected.

If antone can prove he is a usurper, then he gets to go to jail.


100 posted on 11/20/2009 7:16:31 AM PST by devistate one four (Back by popular demand: America love or leave it (GTFOOMC) TET68)
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