AMERICAN BAR ASSOCIATION TASK FORCE ON TREATMENT OF ENEMY COMBATANTS PRELIMINARY REPORT

American Bar Association ^ | August 8, 2002 | ABA TASK FORCE

[habaes corpussel]

This is a long report so to save bandwidth you can read the report here.

AMERICAN BAR ASSOCIATION TASK FORCE ON TREATMENT OF ENEMY COMBATANTS PRELIMINARY REPORT

I do not agree with all of the Tasks Forces finding though. I support Military Tribunals for terrorist both foreign and domestic providing we comply with the rule of law and the US Constitution. In the case of Padella and to some degree Handi we are not. I note and support the findings on US Citizens.

It is this simple. If you do not like the law, change it, not subvert it. For those who will argue that these two have the right to a Habeas Corpus hearing I will remind you both are being denied Counsel and it is not easy for a non-lawyer to file a Federal Writ of Habeas Corpus, while the Government is petitioning to quash the writ. I will also remind you that our Servicemembers are engaged in combat and if taken prisoner they may not be given the protection as outlined in International Conventions. Meaning they as well maybe detained as Enemy Comnatants. Just to get back at us.

We must always follow the rule of law no matter how distasteful it may be.

[habaes corpussel]

Comments or Questions?

[Amerigomag]

This report reminds me of the reports issued by Arthur Anderson on behalf of Enron in the FY 1999 and 2000. Millions in fees to gain and little to loose.

[PolishProud]

Right, and al-Qauda and the Iraqis will adhere to the Geneva Convention if we allow terrorist habeas corpus hearing. You must be in legal LA LA land.

They don't need a ring master-lawyer to orchestrate a legal circus. For a change let's follow the spirit of the law not the legalities that make you guys rich.

[PolishProud]

What does "and to some degree" mean? Tut! Tut! That's not very precise language for an attorney.

[thatsnotnice]

I will also remind you that our Servicemembers are engaged in combat and if taken prisoner they may not be given the protection as outlined in International Conventions. Meaning they as well maybe detained as Enemy Comnatants. Just to get back at us.

Our soldiers are acting as legal combatants. Theirs (as far as Padilla is concerned - and others, identified and detained) are acting as illegal combatants. One enjoys a status the other does not. If in doubt, look it up. This has been hashed through a million times. Padilla is constitutionally guaranteed a military tribunal. That is his constitutional remedy; nothing more, from what I see.

[Texasforever]

Just one comment. There is nothing in this world that would make the ABA happier than to tie up our civil court system for years with these terrorists. Forgive me but the ABA has nothing that I would consider even approaching an objective stance when it comes to "protecting" anyone’s rights. The ABA is just a union looking for work.

[PackerBoy]

The ABA went Left years ago, but it took me a while to realize it. Dropped my membership after they turned down George H.W. Bush's request to address the ABA's annual convention, while he was still president (an annual tradition). ABA then invited Clinton to speak AFTER his impeachment. Need I say more?

[Congressman Billybob]

This is one more proof that the ABA has been taken over by leftist lawyers who are perfectly willing to thumb their noses at the controlling case in the Supreme Court (Quirin, 1943) to support and protect their own ideas which are dangerous to the lives of American citzens. But what the heck, being a lawyer means never having to say you're sorry.

This is also an object lesson why most of the lawyers on FreeRepubic are FORMER members of the ABA. Why give your money to the enemy to do with it what they will? The ABA leadership is as corrupt as the leaders of every other major union, no more, no less. They adamantly say they represent a "profession," not a "trade." But they are like the "teechurs' union." Their motto is, "So long as we get ours, everyone else can go hang."

Congressman Billybob

Click for latest column: "Good People, Naked People, People Who Are Wet and Wild."

Click for latest book: "to Restore Trust in America"

[Texasforever]

I am not an attorney but I do know, at some point, common sense should hold a place in law. Common sense tells me that a person that is charged with actions against his own government in the name of a declared enemy is no longer entitled to civil protections.... citizen or not. Civil criminal law is not, in my opinion, the correct arena in which to deicide the fate of those that plan or execute acts of war against this country.

[habaes corpussel]

"I am not an attorney but I do know, at some point, common sense should hold a place in law. Common sense tells me that a person that is charged with actions against his own government in the name of a declared enemy is no longer entitled to civil protections.... citizen or not. Civil criminal law is not, in my opinion, the correct arena in which to deicide the fate of those that plan or execute acts of war against this country. "

Yep that is what it exactly say's in the Constitution. Commom sense overshadows the rule of law.

[habaes corpussel]

"They don't need a ring master-lawyer to orchestrate a legal circus. For a change let's follow the spirit of the law not the legalities that make you guys rich."

Yeah heck, let's just throw away the Constitution. Now that would be a rich idea.

[Texasforever]

When law cannot be cast in common sense then it is just a word.

[habaes corpussel]

"What does "and to some degree" mean? Tut! Tut! That's not very precise language for an attorney."

Some degree means that I am conflicted regarding Handi. He was captured on the battlefield unlike Padella. Though Handi is a US Citizen he should have never been allowed back into the US. However, now that he is here is should be allowed the rights as noted in the Constitution.

[habaes corpussel]

"Our soldiers are acting as legal combatants. Theirs (as far as Padilla is concerned - and others, identified and detained) are acting as illegal combatants. One enjoys a status the other does not. If in doubt, look it up. This has been hashed through a million times. Padilla is constitutionally guaranteed a military tribunal. That is his constitutional remedy; nothing more, from what I see."

Your post indicates to me you have no clue. Please show me this Constitutional Right to a military trial? Please understand what you are saying. Please get informed.

[habaes corpussel]

"This is one more proof that the ABA has been taken over by leftist lawyers who are perfectly willing to thumb their noses at the controlling case in the Supreme Court (Quirin, 1943) to support and protect their own ideas which are dangerous to the lives of American citzens. But what the heck, being a lawyer means never having to say you're sorry."

You of all people should know better than this. Quirin is a moot issue. It has been superceded by the UCMJ and 18 USC 4001(a). I do not always agree with the ABA. But in this case they are correct. Whats next suspend Habeas Corpus? I am surprised at you.

[habaes corpussel]

"When law cannot be cast in common sense then it is just a word."

Common Law was changed a very long time ago. The point is, if you do not like the law you change it, not subvert it.

[habaes corpussel]

PS: Regardless whether or not you like the ABA and 97% of the time I do not. In this case they are correct. You very well understand the Constitutional implications here. I guess you will allow your dislike of the ABA to get your better part. I am surprised.

[thatsnotnice]

Your post indicates to me you have no clue.

Oh boy. Your post indicates you refuse to look up the difference between unlawful combatants and lawful combatants. (Or maybe you don’t know the difference; or know a difference exists) It also indicates you refuse to look up the treatment of unlawful combatants in the U.S. since the Civil War.

Hint: they didn’t break a civil law; they didn’t break a criminal law… guess what they broke, and where they belong.

[meenie]

Hate to bust anyone's balloon here but there are a lot of laws that don't make common sense. They are drafted by people that lack common sense. They are interpreted by attornies that mislead judges who make rulings that fail to make common sense.

Back to the Geneva Convention. Soldiers are encouraged to follow these rules against their enemies in the hope that if they are captured, they will be accorded the same consideration. We do our servicemen an injustice when we don't follow these rules.

Nonuniformed combatants are treated as spies, saboteurs, etc. and MAY be executed on the spot by a military tribunal, irregardless of citizenship and location.

[habaes corpussel]

"Oh boy. Your post indicates you refuse to look up the difference between unlawful combatants and lawful combatants. (Or maybe you don’t know the difference; or know a difference exists) It also indicates you refuse to look up the treatment of unlawful combatants in the U.S. since the Civil War."

Go to my profile. I have bookmarked several legal sources for people like you who have an ill-informed opinion on this subject. One I understand very well. The term Unlawful Combatant is one that has no legal meaning under US Law or International Convention. Unlawful Billigerent has meaning. Unlawful Combatant? It is a buzzword that is used by the Administration to support its claim.