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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

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To: livius
Holder didn't take jurisdiction away from anyone. This decision was made in the White House by the so-called "commander-in-chief," not at the Department of Justice.

That's why Holder was such a babbling idiot at the Senate hearing yesterday. He had no clue about any of the legal arguments, rationale, etc. for this move -- though I'm sure he was 100% behind it.

21 posted on 11/19/2009 2:09:36 PM PST by Alberta's Child (God is great, beer is good . . . and people are crazy.)
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To: Conservative Vermont Vet

>> Don’t want to count on a maybe; want to force this Fascist, Pretender to HAVE TO announce that yes, he approves and has given Holder permission to proceed.

Well, good luck with that. SecDef and AttyGeneral both report to Bambi; Bambi could order SecDef to go along; and Bambi has already said, in public, that he approves of Holder’s strategy.

I just don’t see who the “wronged party” that would sue for relief would be. The SecDef?

And what if a private citizen initiated a lawsuit? On what grounds? What if the SecDef then stepped up and said “It’s my decision, and I’m going along with Bambi and Holder”?

I wish you all the best — seriously — but IMHO you’re wasting your time and effort.

FRegards


22 posted on 11/19/2009 2:12:16 PM PST by Nervous Tick (Stop dissing drunken sailors! At least they spend their OWN money.)
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To: K-oneTexas

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.


23 posted on 11/19/2009 2:15:29 PM PST by PubliusMM (RKBA; a matter of fact, not opinion. 01-20-2013: Change we can look forward to.)
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To: Conservative Vermont Vet

It’s huge because it proves that Obama was lying through his teeth. Only the CIC could have given this kind of order. He can’t claim he voted ‘present’ for this one.


24 posted on 11/19/2009 2:18:46 PM PST by penelopesire ("The only CHANGE you will get with the Democrats is the CHANGE left in your pocket")
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To: Nervous Tick
What if the SecDef then stepped up and said “It’s my decision, and I’m going along with Bambi and Holder”?

Sorry, but Sec Def has 0 authority the same as Holder does.

They both answer directly and ONLY to Dear Leader.

Might be grasping at straws and spinning wheels, but was wondering if maybe a NYC Congressman, such as Peter King, might have standing and he appears like someone who might try something like this???

25 posted on 11/19/2009 2:26:50 PM PST by Conservative Vermont Vet ((One of ONLY 37 Conservatives in the People's Republic of Vermont. Socialists and Progressives All))
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To: Conservative Vermont Vet
I think it's HUGE!

But, nothing is going to stop these crazy, arrogant, illiterate, in-your-face jack*sses from doing as they please!

26 posted on 11/19/2009 2:31:44 PM PST by kcvl
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To: Conservative Vermont Vet

>> wondering if maybe a NYC Congressman, such as Peter King, might have standing and he appears like someone who might try something like this???

Ask them. Nothing to lose, right?


27 posted on 11/19/2009 2:32:34 PM PST by Nervous Tick (Stop dissing drunken sailors! At least they spend their OWN money.)
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To: Alberta's Child

Can the WH remove jurisdiction from the military court? I thought Congress decided this, didn’t they? And since they’re the lawmakers...but I could certainly be wrong.


28 posted on 11/19/2009 2:57:00 PM PST by livius
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To: livius; Alberta's Child

Sorry, I wasn’t very clear on that - I meant that it was Congress that had approved the military trials.


29 posted on 11/19/2009 2:59:27 PM PST by livius
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To: livius
Can the WH remove jurisdiction from the military court? I thought Congress decided this, didn’t they? And since they’re the lawmakers...but I could certainly be wrong.

Excellent point and deserves some further due diligence which I will do. Thanks!

30 posted on 11/19/2009 3:01:18 PM PST by Conservative Vermont Vet ((One of ONLY 37 Conservatives in the People's Republic of Vermont. Socialists and Progressives All))
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To: Conservative Vermont Vet

KSM and company had already indicated they wanted to plead guilty. obama PERSONALLY intervened in the last Military Court hearing and stopped it dead in its tracks. The hearing was called off after it had already begun.
Draw your own conclusions.
Mine are that he does not want these bastards found guilty or he would have allowed the hearing to proceed.
He is doing everything he can to insure that these bastards are set free.
It is high treason. There is NO way around it.


31 posted on 11/19/2009 3:34:38 PM PST by MestaMachine (One if by land, 2 if by sea, 3 if by Air Force 1. Afghanistan Updates Daily on My Profile)
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To: K-oneTexas

This would go to the Supreme Court, expedited, with the proper lawsuit being brought up in the correct circuit. A legal challenge would require a response from the President as to jurisdiction to transfer legal authority under the Executive Branch.

This is another Constitutional challenge within the Judiciary. No surprise the media has not raised it— not with the circus they assume they will cover in NYC. How about “no cameras in the courtroom” in NYC.... THAT would get their attention.


32 posted on 11/19/2009 4:01:41 PM PST by John S Mosby (Sic Semper Tyrannis)
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To: Sacajaweau

We have heard from Mukasey and Ashcroft, both and they both think this is insane and unnecessary.


33 posted on 11/19/2009 4:03:05 PM PST by John S Mosby (Sic Semper Tyrannis)
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To: AdmSmith; Berosus; bigheadfred; Convert from ECUSA; dervish; Ernest_at_the_Beach; Fred Nerks; ...

Holder has one of two jobs to do, assigned by the White House — either he MUST get convictions and life imprisonment for these terrorist a-holes, or he MUST see to it that they are NOT convicted, and released back into what passes for Moslem society. ‘Twixt the optimist and the pessimist the difference is droll...


34 posted on 11/19/2009 4:06:59 PM PST by SunkenCiv (https://secure.freerepublic.com/donate/__Since Jan 3, 2004__Profile updated Monday, January 12, 2009)
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To: Alberta's Child

Inasmuch as he would be in favor of it for the “kickback” money he will get from his “former” law firm who is defending the terrorists. Now,in addition to this fact one could ask—who is paying for KSM’s defense? Might it be the Saudis or Obozos benefactor/rep for the Saudis. This information should be “transparent” to all concerned. So let’s try to find out, now, and get that out there too. It sure ain’t the public defender or pro bono work. How about the Yemeni Honey Co— aka al Qaeda. Or intermediaries handling the ransom money for the Somali ship hijackers?


35 posted on 11/19/2009 4:10:11 PM PST by John S Mosby (Sic Semper Tyrannis)
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To: Conservative Vermont Vet
I guess it doesn't matter much, the entire federal government from the executive branch, through congress to the supreme court just makes up whatever rules they want as they go along...........

no news here

36 posted on 11/19/2009 4:27:17 PM PST by KTM rider ( ..........tell me this really isn't happening ! !)
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To: K-oneTexas

Yep. There is no way to stop an above-the-law executive branch in a timely manner.


37 posted on 11/19/2009 4:36:29 PM PST by Carling (Somewhere in Kenya, a village is missing its idiot.)
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To: Conservative Vermont Vet
"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.

Yep!


38 posted on 11/19/2009 5:37:21 PM PST by SeafoodGumbo
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To: Conservative Vermont Vet

As I said in another thread about this today. Obama will say HE has the authority as CIC. He won, remember..::::rollseyes::::

I agree this is an important issue but since when has anybody stopped Obama? Everything about Obama is unprecedented.He has no respect for what any others that have gone before him say. He is an arrogant radical marxist.

God help us all.


39 posted on 11/19/2009 5:39:33 PM PST by Dubya-M-DeesWent2SyriaStupid!
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To: Conservative Vermont Vet
If al-Qaeda succeeds in blowing up parts of Manhattan during this trial, or committing some other atrocity on American soil, Obama can forget about a second term, or even a “legacy”.

His name will be dirt as far as most Americans are concerned.

40 posted on 11/19/2009 5:44:12 PM PST by Deo volente (The Islamic War on the West: Fourteen centuries and counting...)
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