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What's the opinion of the Legal Beagles on F.R.?

It seems to me that using Military Tribunals would send a clear message that the terrorism now being committed against the USA is not merely a "crime" to be handled like another O.J. Trial media circus.

Such acts of terrorism are war crimes as defined by the 1949 Geneva Conventions. In addition, they are acts of war committed by foreigners when dressed in civilian clothing amongst our own population. Traditionally, such conduct has merited the death penalty after conviction by Military Tribunal.

1 posted on 11/01/2001 3:58:19 AM PST by Polybius
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To: Polybius
An idea whose time has arrived, if we are indeed at war, as I believe we are. And has the President has said we are.

At the same rime, a formal Declaration of War would not be out of order.

2 posted on 11/01/2001 4:04:33 AM PST by John Valentine
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To: Polybius
In short, I think this may be correct. I have concerns in the long run that this could be abused by a Clinton II administration.
3 posted on 11/01/2001 4:19:50 AM PST by CatoRenasci
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To: Polybius
" Such tribunals are more efficient, less costly, and more likely to provide swift and sure justice."

Excellent.

I wonder if Ashcroft's removal of jurisdiction from Mary Jo White and placing it in DC is in some way a prelude to establishing a military tribunal? I hope it is.

As another Freeper already pointed out, We don't need another OJ media circus. "If the towel don't fit, you must aquit!"

5 posted on 11/01/2001 5:03:28 AM PST by Guna
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To: Polybius
Just double-time the guilty b*st*rds past the window...
6 posted on 11/16/2001 1:04:03 PM PST by Viet Vet in Augusta GA
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To: Polybius; annalex; .38sw; 185JHP; 1FreeAmerican; 1rudeboy; 2ndMostConservativeBrdMember; 2sheep...
Interesting supposition.

Due process for those who would fly a plane into a building; would be that they be catapulted into a brick wall.

This one slipped under the radar.

As ever, Freepmail me if you don't want to be pinged.

7 posted on 11/16/2001 1:08:11 PM PST by packrat01
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To: Polybius
My solution is to make sure none of the terrorists make it to any court or tribunal. I understand the Islamists believe that to die in Jihad is martyrdom. I am ready, willing, and given the opportunity, able to see their wish to die a martyr's death, without the frills of a trial, be realized.
12 posted on 11/16/2001 1:08:34 PM PST by ImpBill
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To: Polybius; packrat01
[Rehnquist] adds that because judges are often loath to interfere with wartime activities, they often defer decisions until hostilities end. "If the decision is made after hostilities have ceased, it is more likely to favor civil liberty than if made while hostilities continue."

This seems wise. So all you civil libertarians wringing your hands -- calm down.

Sometimes (and wars are the primary 'sometimes') those "precious" civil liberties will have to be ignored, if ultimately they are to be preserved.

Yes, that's a paradox. So is: "in order to have peace, one must prepare for war."

Btw, I'm not a legal beagle. Just thought I'd chime in. Thanks for the ping, packrat01.

13 posted on 11/16/2001 1:08:34 PM PST by gumbo
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To: Polybius
Very good post here!

First they need to define what a "terrorist" is.

After Pres. Bush signed the Patriotic Bill 2001, one should wonder who is targeted as the "terrorists"? Is one who believes in liberty, and individual freedom permanently blackballed as a terrorists?

As the laws are silent in times of war, this also applies to our constitution of the united states of America. But we have been under these "silent times" for so long since our courts fly military Commander in Chief banners with the yellow fringe. Meaning the courts are under military rule; and not constitutional.

14 posted on 11/16/2001 1:08:35 PM PST by goldilucky
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To: Polybius
Bump'a'rooney! I've bookmarked for a thorough read later, but I would like to know how military trials differ from regular criminal trial. Especially how the threshold of proof would differ and standard(s) for admissibility of evidence. Anyone know?
17 posted on 11/16/2001 1:08:46 PM PST by Aedammair
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To: Polybius
Constitutional Rights are only guaranteed to citizen owners of the USA.

It is about time we understood that and I am happy to see that it has even sunk into the thick heads of office holding public servants.

Nukem

27 posted on 11/16/2001 1:09:09 PM PST by Alas
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To: Polybius
Am I missing something here? Why is everyone so happy about this? Won't it waste time and cost money? Can't we just kill them? Wouldn't that send a better message to any future terrorists?
34 posted on 11/16/2001 1:09:14 PM PST by goodieD
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To: Polybius
Screw terrorists' legal rights.

Shoot them in the head upon capture.

38 posted on 11/16/2001 1:09:27 PM PST by StoneColdGOP
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To: amom; Alamo-Girl; Yellow Rose of Texas
ping
45 posted on 11/16/2001 1:09:41 PM PST by 68-69TonkinGulfYachtClub
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To: Polybius
Good move on the Presiden't part. We won't have to be be seeing any OJ-like jurors, who are so stupid they can't walk straight in the road.
47 posted on 11/16/2001 1:09:50 PM PST by swampfox98
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To: Polybius
The point is moot.

My prediction is that some 16-year old Pashtun rifle company commander is going to show up with a few of his 14-year old friends (who have 20 years combat experience between them) holding a bloody sack wanting to know where their 10-million American dollars are before they'll let anyone take a peek inside the bag.

My suggestion to whomever it is that these kids choose to contact not have a smart look on their face when they meet them.

Just pay them the money and let them know that there are businessmen in the UK, Germany, and California who said they'd add to the pile.

These kids will want gold too. Paper money isn't going to cut it.

50 posted on 11/16/2001 1:09:51 PM PST by The KG9 Kid
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To: Polybius
i like the idea. of course the ACLU will cry and moan, but it sounds fair to me,
especially with the nazi conviction/death penalty ratio.
we all know the defense attorney's try to pick the bleeding heart juries. i've been on enough juries to know this.

like the line from the movie 'one eyed jacks' when karl malden told marlon brando:

'oh, i'll give you a fair trial.....and then i'm going to hang you'! (take note tali-terrorists)

52 posted on 11/16/2001 1:09:56 PM PST by rockfish59
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To: Polybius
I wholeheartedly support the use of military tribunals and it's upheld by the US Supreme Court.

Personally, I am opposed to the death penalty, but in the case of acts of war the perpetrators are entitled to the fruits of war.

The American people have suffered enough. The is no just reason to require the American people to make a case against an openly avowed foreign enemy who seeks death for Americans.

We have no obligation to offer the enemy the opportunity to seek our mercy.

We are a sovereign nation. We have the right to our own justice and our own defense. Surrender that, and you will have world-order tyranny.

56 posted on 11/16/2001 1:10:16 PM PST by GVnana
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To: Polybius
Why do we have a Congress??????

Seems they are not needed since every President seems to pass laws by simply signing 'Executive Orders'.

While a Military Tribunal seems to be OK...(as long as SOMEONE declares war....I REALLY have a problem with the 'Secrecy Part'.

If BIn Laden is captured...he needs to be tried in full view of the public.

redrock

70 posted on 11/16/2001 1:13:58 PM PST by redrock
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To: Polybius
"-it is difficult to conceive of a more appropriate procedure to bring them to justice"

Oh no it is not. Let our military hunt them down and kill them where they cower. That would be appropriate.

76 posted on 11/16/2001 1:14:17 PM PST by Wolfhound77
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To: Polybius
This needs to be modified. As I understand it this gives the government the right to apprehend, try, and dispose of people without ever telling anybody.

Sounds dangerous to me. What happens if someone like Hillary has this power?

78 posted on 11/16/2001 1:15:12 PM PST by 12B
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