Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

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
Navigation: use the links below to view more comments.
first previous 1-20 ... 41-6061-8081-100 ... 361-376 next last
To: Cultural Jihad
We have more trust in the American people and their common sense than the ideologues do, apparently.

The same American people that gave Bill Clinton such high approval ratings, even AFTER Monicagate was discovered? The same American people that made him the leader of the free world - twice? The same American people that gave him a pass on Travelgate, Chinagate, Whitewatergate, the Blood Trail, and even Pardongate? The same American people that keep re-electing Ted Kennedy, and Gerrold Nadler, and put Hillary Clinton in a Senator's seat? The same American people that vilified Judge Starr for doing his job? Yeah right. You go right ahead and trust their "common sense." I'll just trust what I can see and hear for myself, but I will hold onto hope that most of the "American People" aren't a damn bit like you.

61 posted on 11/18/2001 3:14:30 PM PST by another1
[ Post Reply | Private Reply | To 54 | View Replies]

To: Free the USA; madrussian; malarski; Askel5; GROUCHOTWO; Zviadist; kristinn; struwwelpeter...
And what we're gonna do? Pitchforks?
I've seen zillions of unhappy Americans with pitchforks in front of the White House last 4 years.
Didn't work. Ask kristinn.
62 posted on 11/18/2001 3:16:15 PM PST by CommiesOut
[ Post Reply | Private Reply | To 49 | View Replies]

To: Light Rules
This is a very big deal and Bush is wrong.He is not king and I don't trust him.

I would sooner trust someone's character and judgment in the Pentagon than I would with any media or political hack or ACLU lawyer. The terror attacks on America are much more than crimes against persons and property. They are crimes against humanity and civilization, and must be handled in accordance, including the maintaining of national security-level secret evidence. If the America-last ideologues of the ACLU or the LP don't like that fact they can just lump it.

63 posted on 11/18/2001 3:21:01 PM PST by Cultural Jihad
[ Post Reply | Private Reply | To 60 | View Replies]

To: CommiesOut
True but letting only the President make the decision is an improvement over leaving the decision to same faceless bureaucrat that has absolutely no accountability.
64 posted on 11/18/2001 3:21:05 PM PST by Free the USA
[ Post Reply | Private Reply | To 62 | View Replies]

Comment #65 Removed by Moderator

To: Azzurri
I'm going to have to file charges against you, Azzurri.

What charges?

Charges of stealing my thunder!

You said EXACTLY what I was going to say! ;-)

66 posted on 11/18/2001 3:23:27 PM PST by rdb3
[ Post Reply | Private Reply | To 27 | View Replies]

To: forummonkey
I suppose a case could be argued for military tribunals in some limited circumstances, but secret trials that could result in the death penalty without any judicial review whatsoever is clearly wrong by any standards, period.

Our warriors can kill every swinging turban they come across based on their judgement and the rules of engagement but they are somehow incapable of conducting a fair military tribunal. Is that your position? A military tribunal to judge our enemies who have waged war against us is not only constitutional but its traditional.

67 posted on 11/18/2001 3:23:36 PM PST by jwalsh07
[ Post Reply | Private Reply | To 57 | View Replies]

To: Free the USA
You have some point here.
68 posted on 11/18/2001 3:25:20 PM PST by CommiesOut
[ Post Reply | Private Reply | To 64 | View Replies]

Comment #69 Removed by Moderator

To: jwalsh07
A military tribunal to judge our enemies who have waged war against us
And what if those that mailed the anthrax letters turned out to be Christian pro-gun fundamentalists? They're waging war against America. Where do you stop?
70 posted on 11/18/2001 3:28:49 PM PST by lelio
[ Post Reply | Private Reply | To 67 | View Replies]

To: Light Rules
This is a very big deal and Bush is wrong.He is not king and I don't trust him.

Well, next time get more people to vote for that idiot Harry Brown and then we can have open borders. May as well, that stupid sob wouldn't travel to kill our enemies anyhoo.

71 posted on 11/18/2001 3:29:08 PM PST by jwalsh07
[ Post Reply | Private Reply | To 60 | View Replies]

Comment #72 Removed by Moderator

To: Free the USA
At least if the president takes personal responsibility we know whom to hold accountable for any abuse. Hope any future President that uses this system does the same.

This was my thought too, and, in this light, it's another sign of Bush's wisdom.

73 posted on 11/18/2001 3:29:48 PM PST by fdcc
[ Post Reply | Private Reply | To 49 | View Replies]

To: forummonkey
So, if we caught bin Laden, do we grant him Constitutional rights and try him under our legal system?
74 posted on 11/18/2001 3:30:04 PM PST by rdb3
[ Post Reply | Private Reply | To 57 | View Replies]

To: lelio
And what if those that mailed the anthrax letters turned out to be Christian pro-gun fundamentalists? They're waging war against America. Where do you stop?

I think a more appropriate question is where do you start? But I'll answer anyway. A domestic terrorist will undoubtedly be tried in a court of law by a jury of his peers. Personally, I'd shoot the bastard on sight but president Bush won't.

The POTUS and everyone who has worn the uniform has sworn to protect this nation from its enemies both foreign and domestic. Domestic terrorists are also treasonous bastards and should be dealt with even more harshly than the Al Quaeda scum.

75 posted on 11/18/2001 3:34:37 PM PST by jwalsh07
[ Post Reply | Private Reply | To 70 | View Replies]

To: amundsen
When all is right with the world, your argument makes sense. When fighting against enemies of the US in a time of war it doesn't.

We are led to believe that a bunch of good guy special forces are closing in on Laden at this very moment. Have they been properly trained on making sure Laden is given his miranda rights? Is Laden to be tried by a jury of his peers? Who are Laden's peers?

Are all the squads carrying search warrants that they might need before they enter his cave?

I can't help but to suspect that all information the good guys have obtained in the war has not been gathered using proper rules of evidence.

What happens if one or more witness against Laden puts his life on the line in a foreign (Arab) country if he comes forward? What if a witness is a CIA good guy who will have his position exposed by coming forward?

It's an unfortunate thing, but otherwise civilized people try to conduct their wars in only as civilized a fashion as possible. I would say the US of late bends over backwards along those lines. Maybe what war is is an exercise in trying to maintain a semblence of civilization while killing the bad guys. It certainly isn't a time to extend U.S. Constitutional rights to people that have no claim to them. It's a time to do what is necessary to secure the safety of as many Americans and American allies as possible, probably while killing a large number of bad guys along the way.

76 posted on 11/18/2001 3:34:51 PM PST by stevem
[ Post Reply | Private Reply | To 17 | View Replies]

To: It'salmosttolate
anyone who is anxious about GW's power, then, I suggest you avoid terrorist activity,and association/support for terrorist murder....in other words: tend your garden and look after your family....!
77 posted on 11/18/2001 3:36:46 PM PST by thinking
[ Post Reply | Private Reply | To 1 | View Replies]

To: Yehudi
The thesis of your post seems to be that President Bush = Adolph Hitler.

That being the case, you have won the dipsh$t of the week award. Congrats.

78 posted on 11/18/2001 3:37:45 PM PST by jwalsh07
[ Post Reply | Private Reply | To 72 | View Replies]

To: Yehudi
I'm sorry. It's hard for me to get worked up about this supposed power grab when it's identical to one that FDR successfully made in 1942, and that the American Republic and legal system easily survived.
79 posted on 11/18/2001 3:38:12 PM PST by aristeides
[ Post Reply | Private Reply | To 72 | View Replies]

To: Free the USA
True but letting only the President make the decision is an improvement over leaving the decision to same faceless bureaucrat that has absolutely no accountability.

The President's "Presidential Records Act" pretty much fixes THAT little inconvenience, doesn't it?

80 posted on 11/18/2001 3:39:39 PM PST by another1
[ Post Reply | Private Reply | To 64 | View Replies]


Navigation: use the links below to view more comments.
first previous 1-20 ... 41-6061-8081-100 ... 361-376 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson