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Bush Insisted Only He Should Decide Who Should Stand Trial Before Military Court
www.prnewswire.com (Thanks to Drudge) ^ | Nov. 18, 2001 | PRNewswire

Posted on 11/18/2001 1:30:37 PM PST by It'salmosttolate

Bush Insisted Only He Should Decide Who Should Stand Trial Before Military Court

Secret Legal Document Gave Bush Wartime Powers,
Including Holding Secret Tribunals

NEW YORK, Nov. 18 /PRNewswire/ -- After he signed an order allowing the use of military tribunals in terrorist cases, President George W. Bush insisted he alone should decide who goes before such a military court, his aides tell Newsweek. The tribunal document gives the government the power to try, sentence -- and even execute -- suspected foreign terrorists in secrecy, under special rules that would deny them constitutional rights and allow no chance to appeal.

(Photo: http://www.newscom.com/cgi-bin/prnh/20011118/HSSA005 ) Bush's powers to form a military court came from a secret legal memorandum, which the U.S. Justice Department began drafting in the days after Sept. 11, Newsweek has learned. The memo allows Bush to invoke his broad wartime powers, since the U.S., they concluded, was in a state of "armed conflict." Bush used the memo as the legal basis for his order to bomb Afghanistan. Weeks later, the lawyers concluded that Bush would use his expanded powers to form a military court for captured terrorists. Officials envision holding the trials on aircraft carriers or desert islands, report Investigative Correspondent Michael Isikoff and Contributing Editor Stuart Taylor Jr. in the November 26 issue of Newsweek (on newsstands Monday, November 19).

The idea for a secret military tribunal was first presented by William Barr, a Justice Department lawyer -- and later attorney general -- under the first President Bush, as a way to handle the terrorists responsible for the 1988 bombing of Pan Am 103 over Lockerbie, Scotland. The idea didn't take back then. But Barr floated it to top White House officials in the days after Sept. 11 and this time he found allies, Newsweek reports. Barr's inspiration came when he walked by a plaque outside his office commemorating the trial of Nazi saboteurs captured during World War II. The men were tried and most were executed in secret by a special military tribunal.


TOPICS: Editorial; Government; News/Current Events
KEYWORDS: eo; gwot; militarytribunal; september12era
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Comment #201 Removed by Moderator

To: Texasforever
Thanks for responding. Its getting late and I've been on FR much too long today and its getting hard to keep focus. Good nite.
202 posted on 11/18/2001 6:37:11 PM PST by marajade
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To: Texasforever
But didn't Mara Jade herself say that one of the Germans tried under FDR's version of this military court was in fact a citizen?
203 posted on 11/18/2001 6:37:21 PM PST by Polonius
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Comment #204 Removed by Moderator

To: amundsen
If we were a neutral nation

And so the agenda is discovered. You need to go forthwith to Switzerland.

205 posted on 11/18/2001 6:42:19 PM PST by Texasforever
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Comment #206 Removed by Moderator

To: lelio
That goes against what the US stands for: open and free justice for all.

Like if I was a Pacific Islander of some description could I just apply for the above?

207 posted on 11/18/2001 6:53:19 PM PST by Stentor
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To: amundsen
Yep when was the last time they were attacked for their freedom or other intangible assets? I've finally realized that wars on nouns must have their origin in hatred of nouns.

Get real.

208 posted on 11/18/2001 6:58:08 PM PST by Texasforever
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To: Texasforever
I sense that you and I agree on this matter. Read the entire post.
209 posted on 11/18/2001 7:00:40 PM PST by stevem
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To: Tabitha Soren
Maybe you'd be better off returning to your third world dictatorship. If you don't support our president, then you should go home.

The beauty of America is that one can voice disapproval of the President and still proudly call America home.

210 posted on 11/18/2001 7:01:00 PM PST by sakic
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To: marajade
The US Supreme Court has already ruled it to be constitutional what more do you want?

Of course they would. I remember what happened to the LAST Supreme Court Justice that stood up against a POTUS during 'war time'. He was almost arrested!!

211 posted on 11/18/2001 7:02:06 PM PST by billbears
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To: marajade
Here's a quote from Ex Parte Quirin:

"And the President, as Commander in Chief, by his Proclamation in time of war has invoked that law. By his Order creating the present Commission he has undertaken to exercise the authority conferred upon him by Congress, and also such authority as the Constitution itself gives the Commander in Chief, to direct the performance of those functions which may constitutionally be performed by the military arm of the nation in time of war."

Note that twice in this passage the Court uses the phrase "in time of war." I question whether Bush has the authority to create a similar court without a declared war. To my mind, it would be a departure from the established precedent, and a dangerous new power for the presidency if upheld.

212 posted on 11/18/2001 7:04:20 PM PST by Polonius
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To: stevem
Face red apology. Sorry. You are right. When one nation declares war on another nation we are at war with the people that make up that nation. The Governments of Germany and Japan enjoyed popular support of of the people and therefore the "NATION" was at war with us.
213 posted on 11/18/2001 7:07:01 PM PST by Texasforever
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To: It'salmosttolate
Barr's inspiration came when he walked by a plaque outside his office commemorating the trial of Nazi saboteurs captured during World War II. The men were tried and most were executed in secret by a special military tribunal.

And the people tried at Nurenburg, even those with life sentences, were all freed within not so many years after the trial.

So you choose, America: do you want the terrorists out there to do it to you again? The Nazis didn't have a viable underground movement at that time to keep up the overt war. The terrorists have been immensely successful at carrying out an underground war. So you choose, America. How much do you love your life, your freedom?

And let's get this straight about Constitutional protections, for heaven's sake. I would yell this if I could. Only citizens of the United States get Constitutional protections. Non-citizens who try to kill US citizens, or who succeed at it, do not get to cover themselves in our Constitution.

214 posted on 11/18/2001 7:07:08 PM PST by GretchenEE
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To: DaughterOfAnIwoJimaVet
Here's another one of those "obvious jokes" from a Bush Advisor ---

"Today, America would be outraged if U.N. troops entered Los Angeles to restore order . Tomorrow they will be grateful! This is especially true if they were told that there were an outside threat from beyond, whether real or promulgated, that threatened our very existence. It is then that all peoples of the world will plead to deliver them from this evil. The one thing every man fears is the unknown. When presented with this scenario, individual rights will be willingly relinquished for the guarantee of their well-being granted to them by the World Government."---- Henry Kissinger

Look, jr. says a LOT of stupid things, but many of us don't appreciate HIS humor. Must teach it in the S&B Society.

215 posted on 11/18/2001 7:08:56 PM PST by rdavis84
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To: rdavis84
Look, jr. says a LOT of stupid things, but many of us don't appreciate HIS humor. Must teach it in the S&B Society.

Yep, the NWO is upon us....Head for the hills....man the barricades.... dig the trenches....pass the spam....don't forget the stash!!!!!!!!!!

216 posted on 11/18/2001 7:12:55 PM PST by Texasforever
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To: jwalsh07
Right now it applies to foreign nationals, but once people get use to that idea, it could very easily be broadened to include U.S. citizens.

No it can't. It didn't when FDR did it and it won't now.

Wrong. Their names were Ernest Peter Burger and George John Dasch (a US army vet).They were both naturalized American citizens.

George John Dasch and the Nazi Saboteurs.

Intersting footnote is that while they were sentenced to death Roosevelt commuted their sentences to life and they were eventually deported by Truman.

217 posted on 11/18/2001 7:16:05 PM PST by nunya bidness
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To: nunya bidness
Wrong. Their names were Ernest Peter Burger and George John Dasch (a US army vet).They were both naturalized American citizens.

Yes and they were sleeper agents. Once again a naturalized citizen can have his citizenship revoked for a wide variety of reasons. Just ask all the old Mafioso that were shipped back to Sicily. Once again you are grasping at straws to bolster your lame attacks.

218 posted on 11/18/2001 7:19:21 PM PST by Texasforever
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To: Texasforever
I think you might have me confused with someone else.

So, do you admit that American citizens can be tried by military tribunals?

219 posted on 11/18/2001 7:27:17 PM PST by nunya bidness
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To: nunya bidness
So, do you admit that American citizens can be tried by military tribunals?

I am saying that NATURALISED citizens can be stripped of their citizenship at any time for crimes against the United States. Just because it does not happen frequently does not mean that the power is not there. A naturalized citizen is here at the pleasure of the government as long as they remain law abiding citizens. A citizen by birth has no such jeopardy.

220 posted on 11/18/2001 7:36:00 PM PST by Texasforever
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