Posted on 06/26/2002 8:47:55 AM PDT by Sir Gawain
June 20, 2002
Bush And Ashcroft Assail Habeas Corpus, Scholar Says
WASHINGTON--Yesterday, the Bush administration asserted sweeping new police powers over the American people. In a legal brief filed with a federal appellate court, the Department of Justice asserted that Yaser Esam Hamdi, who is an American citizen, can be held incommunicado on a military installation as an "enemy combatant." A lower court ruled that Hamdi should have access to an attorney, and the Justice Dept appealed that ruling to the Fourth Circuit Court of Appeals. Timothy Lynch, director of the Cato Institute's Project on Criminal Justice had the following comments on the issue:
"The implications of the federal government's brief go far beyond the Hamdi matter. The Bush administration has now asserted that (a) citizens can be taken into custody as enemy combatants; (b) that, beyond such battlefield detainees, citizens can also be taken off the streets of any American town; and (c) that civilian courts cannot intervene to inquire into the legality of such arrests and detentions. When these propositions are taken together as a whole, the implications are very disturbing.
"The bottom line is that President Bush and Attorney General Ashcroft are attempting to suspend the 'Great Writ' of habeas corpus, which allows Americans to get into a court of law to challenge the legality of their arrest and to have their liberty restored if the court agrees that the arrest was unlawful. Without judicial review, the police can arrest people without warrants and jail people without trials.
"The controversial 'military order' that Bush issued last November has, in effect, now been extended to American citizens--and the writ of habeas corpus is now under assault. President Bush seems to believe that his commander-in-chief power gives him the authority to ignore every other part of the Constitution when he deems it necessary. The president is profoundly mistaken about that -- and the judiciary should resist this power grab."
Lynch is the author of the new Cato Institute report, "Breaking the Vicious Cycle: Preserving Our Liberties While Fighting Terrorism."
Yes, this is the puke whose parents weren't citizens, but gave birth to him in this country, then took him and themselves back to wherever it was they were from. It's my personal estimation he's not a citizen of this country. Of course the liberal of this land don't see it as I do.
"the Bush administration asserted sweeping new police powers over the American people. "
They are not police powers, they are military powers granted the administration by the congress.
"authorize the use of United States Armed Forces against those responsible for the recent attacks launched against the United States.
...The President is authorized to use all necessary and appropriate force against those nations, organizations, or persons he determines planned, authorized, committed, or aided the terrorist attacks that occurred on September 11, 2001, or harbored such organizations or persons, in order to prevent any future acts of international terrorism against the United States by such nations, organizations or persons."
More lies about the Constitution and the law by Libertarians;
Why isn't any one surprised? LOLOL!
""authorize the use of United States Armed Forces against those responsible for the recent attacks launched against the United States. ...The President is authorized to use all necessary and appropriate force against those nations, organizations, or persons he determines planned, authorized, committed, or aided the terrorist attacks that occurred on September 11, 2001, or harbored such organizations or persons, in order to prevent any future acts of international terrorism against the United States by such nations, organizations or persons." "
Unless you can't read english, you see that military force was authorized.
To say this is a police matter is "the big lie"
Libertarian liars are no better than any others.
When congress authorizes the president to use military force against a group, he does not act under his "police power" as the chief law enforcement officer- he acts as the Commander In Chief of the military.
The Founders put the war powers in the congress for good reason, it is too bad you don't appreciate their wisdom.
LOL! Even trying to defend this guy you admit the lie he is using.
War and combatants are not "internal affairs".
So now 'big lie 1' gets backed up by 'big lie 2', sigh, what do you have against the Constitution and the Founders?
They made the very best compromise between security and liberty and you spit on it!
What's really so convincing about Adams' and Jefferson's conduct of wars by acts of congress instead of a declaration is that the congresses that used this method to grant war powers were both Federalists and Republicans, were all present during the ratification of the Constitution, and were many of them the very same people who had ratified it at the state conventions.
But you don't like the founders' view of the constitution- you know better LOL!
I'm very glad you don't list that under your 'internal' law enforcement issues- I was wondering just how silly you are willing to be...
If a president was detaining military detainees without congress having authorized him to use the military against them- then we would have the situation the author is using.
But they did, and the author knows it.
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