Posted on 04/20/2013 12:55:08 PM PDT by yoe
Several Republican lawmakers are calling for the surviving suspect in the Boston Marathon bombings to be tried as an enemy combatant, rather than as an ordinary criminal.
“It is clear the events we have seen over the past few days in Boston were an attempt to kill American citizens and terrorize a major American city,” read a Saturday statement from Sens. Lindsey Graham (R-S.C.), John McCain (R-Ariz.), Kelly Ayotte (R-N.H.) and Rep. Peter King (R-N.Y.). “The accused perpetrators of these acts were not common criminals attempting to profit from a criminal enterprise, but terrorists trying to injure, maim, and kill innocent Americans. The suspect, based upon his actions, clearly is a good candidate for enemy combatant status. We do not want this suspect to remain silent.”
Their statement came after Dzhokar Tsarnaev was taken into custody and sent to the hospital Friday night.
[snip] “America is part of the battleground,” he said. “If you capture someone on the battleground, they should not be given the privilege of a civilian trial where they are given different rights...
[snip] “We continue to face threats from radical Islamists in small cells and large groups throughout the world,” they said. “They have, as their primary focus, killing as many Americans as possible, preferably within the United States. We must never lose sight of this fact and act appropriately within our laws and values.”
(Excerpt) Read more at politico.com ...
Good question.. i’m not in favor of the FBI either.
Glad you said that. I was starting to think I was going crazy. (Maybe I am, but not for that reason)
Lindsey seems to be getting out in the front on this issue for points though he, McCain and most of these politicians have ignored for many years that the immigration polices are not being enforced by their own doings. There’s no telling how many sleeper terrorist cells are here because of people as him, you know. That said, I think he should be tried in a military court though I would image the people in politics/the media will work against doing that. Either way, he’s a terrorist to me. I think it should be the death penalty in these cases; though will accept what happens as long as justice is done; praying that we do not see a 3 ringed circus by the media because this guy is a terrorist; even bragged about his views.
Hi bitter... I prefer the laws of 1790 to 1996 specifically the US constitution which is the supreme law of the land.
Most of what congress passes is not constitutionl.
He’s ALLEGEDLY committed crimes under unconstitutional Federal statutes.
I would not charge him under this and if you believe congress has the right to pass unconstitutional laws then you must support Affordable Healthcare Act and god knows what else.
This is the big problem we have.
I support none of it !
Whether it’s RICO or Affordable Healthcare Act.
John makes some good points, and I can't say I disagree, but as you mentioned, that is not the world we live in today.
Any way you look at it, this is going to be another turning point in our Country and will carry a heavy weight on our future. Think about all of the soft targets that are out there for idiots like this to exploit....malls, parks, casinos, ad infinitum. This just exploited the soft underbelly of a free society.
I wish I had the answers, I surly do not. I don't really think there are any, I mean how do you defeat an ideology unless you utterly kill/destroy it? I don't see that happening.
I do hope though that we do not react in ways that diminish what this Country stands for and the opportunities we enjoy....I, unfortunately do not see that happening either.
I certainly took no pleasure yesterday in watching thousands of unarmed people being told to stay in their homes, defenseless, waiting for the almighty Government to protect and take care of them.
All the while they were subjected to mandatory, and not very nice searches of their homes.
Made me really sick.
“There are foreign governments and international forces likely behind this that cannot be touched by the charade of a Massachusetts criminal trial.”
Nonetheless that charade must be carried out while Washington identifies & deals with those foreign and international forces. Washington does not need anything more than information to do its job.(presuming it even has a legitimate job here, which I agree is almost certant)
“There is a reason we have a Federal Government, and I think it takes an extremely narrow view to think there are not Federal and international aspects to this attack that need the leeway accorded by Enemy Combatant status to pursue.”
I agree that there are such aspects but they don’t need or deserve “leeway accorded by Enemy Combatant status” to pursue. The man is clearly not a combatant as he is, was not captured on a battle field, but Massachusetts, or would you claim that we are in a State of Civil War?
If you are to make such a claim where is the Government attempting to take control of Washington, and what evidence do you have that this man was part of the army of said government?
Frankly recognizing him as what he is far more beneficial because an enemy combant has to be released at the end of hostilities because a combatant is not a criminal but an enemy solder held simply to keep him out of the fight.
They want to eradicate us. We need to eradicate them FIRST.
This kid is a US citizen as far as I know. He has the right to a fair trial and a speedy hangin.
False, the use and or possession of a weapon of mass destruction is a federal crime. Explosives are the privy of the ATF why do you think they were all over this manhunt. Futhermore the use of a weapon of mass destruction is grounds to be classified under federal law as an enemy combatant regardless of your nationalized citizenship this guy is not a natural born citizen we can strip him of this acquired citizenship and hold him indefinitely in getmo if we wanted too under a whole slew of existing federal laws and and statues
Hey, don't blame me, blame Marbury vs Madison.
FWIW, I agree with you, but it's not how it is in today's reality.
We know what the cure is, it just hasn't happened yet.
Only if you believe the Feds should be able to do that to you GG...
I dont want to see you hung by political opponents :)
The Constitution Article I also gives the Congress thre power to pass law to carry out the obligations of the govt under the Constitution. Failure to pay appropriate import duties is a crime with penalties. Smuggling is a crime with criminal penalties. Interference with postal delivery is a crime. All of these have been crimes sice day One and they are not specifically or even marginally mentioned in the Constitution.
I did read about that and it’s an outrage. This is about how the “Commerce Clause covers everything” argument first got purchase in the 30’s (or 40’s, I forget). A farmer was sued by the Feds because he was growing grain for his own use (cattle feed?), and it was successfully argued in court that it had some butterfly-type affect on interstate commerce (”Butterfly beating its wings in Spain causes a typhoon in Japan”).
Also outrageous. And we thought emanations from penumbras was bad.
I’m well aware that the Feds are out of control but i’m trying to make the argument that if more people took a strict view like me (especially conservatives) we’d be a lot better off...
That doesn’t make me very popular though as you can see it means I will get flamed.
Hopefully you can see i’m not being a troll but I hold firm beliefs
Agree, imo that is the first path that should be taken by the prosecution. Hope it is.
My typsos should be considered Lethal Weapons.
The ATF is an unconstitutional agency and a murderous one at that (see Waco)
Disband themn, defund them.
The law you refer to is a federal statute that is not constitutional in my view. No more so than the Affordable Healthcare Act.
I oppose it all.
“”and provide for the common Defense and general Welfare of the United States;”
I think that pretty much sums it up.
“
That is a quantifier for the expenditure of any tax dollars or credit not a power in and of it self.
Where this common defense and general welfare a power in itself there would be no limits to federal power, and all forgoing powers would be meaninglessly redundant.
“A public attack against American Citizens by an individual(s) with a device that is designed to inflict hideous damage, I think the Founders would consider that an act of war, suitable for the Government to handle in the legal sense.”
They had Arsons who were just as deadly as this terrorist some of them were even motivated by loyalist sympathies. They were not necessarily the business of the Federal government even then.
Washington is for dealing with big international problems. Relatively small scale stuff like this that is effectily entirely contained with in a state can be handled by that state internally. Washington need only concern itself with the international implications of the insolent. They do not need to deal with the domestic side.
So as I said before What Washington needs is information regarding this man’s international contacts, they do not need the man himself.
“You bet, I agree with you 100% I was just commenting on what you wrote about the civil rights violation could be used against anyone, no thing.”
Maybe the strongest argument is his using weapons of mass destruction since there is a federal law about that. I want his legs jerked off so he can try to walk in a courtroom so he can suffer like those he mangled. I want him to see bare bone sticking out of his thigh like I saw those after he exploded his bomb. Those poor people are suffering like he never will. He can stand up and they can’t.
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