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To: DemoSmear
How exactly is it a COURT MARSHALL, silly in a civilian case- for one that isn't in our armed services? Remember, it is the cilivilian right to due process that the ACLU wants.

Well, somebody has got to hear this case, whether it be a military or civilian court. Otherwise the Constitutional guarantee of a speedy trial is a mockery. The SCOTUS could well decide to hear it directly, if nobody else steps up to the plate.

Note: there has been no war declared. So the basic premise of Quirin has not been met.

93 posted on 06/26/2002 12:15:57 PM PDT by HiTech RedNeck
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To: DemoSmear
So the basic premise of Quirin has not been met

Oh, and the actual Quirin ruling was to deliver the suspects to a military court... that was the sole impact of the ruling. All else was obiter dicta. The military court at least permitted the possibility of a defense, however remote its likelihood of success.

Now isn't this beautiful... we are claiming Quirin to prevent Padilla from being called up by a civilian court, yet we have no declaration of war so there is no military tribunal to hear it. I don't know what SCOTUS will do with this grand cop-out of judicial responsibility, but we can't let it stand. It will be the thin edge of a wedge of government tyranny. Perpetual war with Eastasia anyone???

96 posted on 06/26/2002 12:28:40 PM PDT by HiTech RedNeck
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