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To: WhiskeyX
The President of the United States has always had the Constitutional authority to suspend the writ of habeus corpus in the event of rebellion and invasion since it was adopted in 1878.

Um, NO.

Article I, Section 9 (Limits on Congress)
The privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.

As to your continued insistence on claiming it is a war crime to immediately try "illegal combatants" - try reading the Geneva Conventions which call for EXACTLY that.

96 posted on 12/27/2011 11:50:44 AM PST by An.American.Expatriate (Here's my strategy on the War against Terrorism: We win, they lose. - with apologies to R.R.)
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To: An.American.Expatriate
First. That was supposed to read 1787, not 1878.

Second. what part of the clause did you not understand about rebellion and invasion?

Third. I said it was a war crime to put a lawful belligerent on trial in a criminal court, except for certain war crimes. Since this is a brief message, it is not the appropriate forum to launch into the legal treatise required to cover all of the special qualifications and exceptions that can be raised in objection. The applicable law of armed conflict generally requires the detainee to be tried before the same military court as a member of the Detaining power would face for the same charge. This typically means a military court, other than special exceptions. Subjecting a detainee to treatment as a criminal until and unless the belligerent becomes subject to such a court as would the Detaining powers own citizens constitutes a violation of the law of armed conflict, perhaps the Geneva Convention in some instances. The Detaining power retains the option of detaining the belligerent indefinitely during the hostilities and bringing the detainee to trial only after the end of hostilities when doing so may prevent the Detaining power's own prisoners of war and internees from being held hostage for acts of reprisal or revenge.

106 posted on 12/27/2011 1:51:54 PM PST by WhiskeyX
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