[KantianBurke]

If he's a citizen, give'em a trial. That whole unalienable rights bit. Just wait till Hiterly comes to power btw.

[sourcery]

Does this just mean they'll grant cert, or does this mean they're about to announce a decision?

[miltonim]

Sad, but "made in the U.S.A."

[Imal]

If this rogue court continues its anarchistic trend, it will rule that it's perfectly okay for the U.S. government to deny U.S. citizens their constitutionally-protected rights however and whenever it wants.

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[freeeee]

Article III Section. 3.
Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court.

Convictions, testimony, witnesses, court.

Sounds like the makings of a trial to me. The Constitution is clear in this case (not that that matters anymore). American citizens get trials when accused of levying War against the US.

The issue here is not what we do with traitors, it's how we determine who is a traitor. Does one branch of government with no checks or balances hold unchecked power? That's not our form of government.

BTW, if he's found guilty I say we hang em.

[Prince Charles]

Which traitor does this concern?

[Teacher317]

What is done to him now is done to us 25 years from now.

[laweeks]

The present supreme court is a travesty. Unborn people are still not protected . . . European laws and customs are being cited as precedents . . . attacks on Christianity are being upheld or not even ruled on . . . blah, blah, blah. I don't expect anything but continued outrageous decisions from that motley bunch. There're only three honest people left on that court: Rehnquist (most of the time), Scalia, and Clarence Thomas. That makes it 3 against 6.

[Action-America]

It's about time.

Dubya and Ashcroft have delayed this too long, as it is.

I have no problem holding him incommunicado (with the exception of a lawyer) if at least TWO (2) branches of government agree that he poses too great a danger to be allowed all of his Constitutional protections. However, even if he is determined by SCOTUS, to be a terrorists and that trial can be delayed, he should still have access to an attorney (even if the attorney is required to be a retired JAG officer, with an active TS clearance).

But, if SCOTUS rules in favor of him, then three people should go on trial. The accused terrorist should then be tried on the charges levied against him by the administration and Dubya and Ashcroft should be tried for blatantly and intentionally violating a US citizen's Constitutional rights.

On the other hand, if SCOTUS rules against the suspect, then only two trials would be necessary - those of Dubya and Ashcroft. After all, just because SCOTUS finally ruled against the suspect, does not mean that the citizens Constitutional rights were not violated up to that point. In fact, it only means that they should have asked for the court's blessing of their actions sooner.

That's why we have separation of powers in the US - so no one branch of government can unilaterally deny a US citizen his rights, as has Dubya and Ashcroft. If he is really all that Dubya and Ashcroft say he is, then there should be no problem in getting the court to approve continuing to hold him incommunicado. But, the operative word is "continuing". For unilaterally denying him his rights and holding him incommunicado for over a year, with no explicit court or Congressional approval, prior to this time, Dubya and Ashcroft should still be held legally accountable.

 

[msdrby]

ping

[MarkL]

It seems to me that this is different that the "Jose Padilla" case. IIRC, this guy was actually captured in Afgahnistan (like that CA loser traitor). Both should be tried for treason, bearing arms against their country, and stripped of their citizenship, and possibly put them to death as traitors.

Simple...

Mark