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In Terror War, 2nd Track for Suspects
The Washington Post ^ | 12/01/2002 | Charles Lane

Posted on 12/01/2002 3:57:49 PM PST by KayEyeDoubleDee

The Bush administration is developing a parallel legal system in which terrorism suspects -- U.S. citizens and noncitizens alike -- may be investigated, jailed, interrogated, tried and punished without legal protections guaranteed by the ordinary system, lawyers inside and outside the government say.

The elements of this new system are already familiar from President Bush's orders and his aides' policy statements and legal briefs: indefinite military detention for those designated "enemy combatants," liberal use of "material witness" warrants, counterintelligence-style wiretaps and searches led by law enforcement officials and, for noncitizens, trial by military commissions or deportation after strictly closed hearings.

(Excerpt) Read more at washingtonpost.com ...


TOPICS: Constitution/Conservatism; Crime/Corruption; Culture/Society
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To: KayEyeDoubleDee
In fear we abandon our principals?

The Great Idea that founded this country is being perverted.

Those who founded it would call us cowards and undeserving of freedom.

And they would be right.
21 posted on 12/01/2002 5:33:18 PM PST by KDD
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To: mrsmith
Nope. Not in the Constitution and has never been done. The Habeas Corpus petition- and due process- is all they get

That is just the point, they are NOT getting due process or access to the courts for a Habeus petition.

Padilla is incommunicado-no lawyer can see him. How do you file a habeus petition from a prison cell without help from the outside???

What due process means is that EVERYONE, even people that you don't like, get a day in court and that includes a jury trial if there are any penalties that exceed $20. Please read the sixth and seventh amendment again and You will see that ANY criminal charge gets a jury trial. Being an illegal combatant is nothing but a criminal charge that must be resolved by a jury trial. That is exactly what the constitution requires.

22 posted on 12/01/2002 7:01:56 PM PST by Mike4Freedom
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To: KayEyeDoubleDee
I read a lot of responses. Some forgot that we are at war. Anyone remember that? I'll bet the Libs here never heard of the Enola Gay.
23 posted on 12/01/2002 7:02:32 PM PST by Cobra64
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To: KayEyeDoubleDee
I assume that your process would only apply to US Citizens?

It is not my process. It is required by the constitution.

It applies to US citizens wherever they are arrested and applies to others if they are arrested on US soil. It probably does not apply to prisoners of war arrested outside the country. I am a little fuzzy on non-citizen prisoners of war arrested in the country. I know the WW2 German sabeteurs arrested on Long Island got court marshalled rather than a normal trial but I am not clear on whether that was right. We can have some fun debating that, but, for US citizens, there is no option. Anything else is an act of War on the people of the nation.

24 posted on 12/01/2002 7:11:44 PM PST by Mike4Freedom
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To: mrsmith
Quote from the original article

The Bush administration is developing a parallel legal system in which terrorism suspects -- U.S. citizens and noncitizens alike -- may be investigated, jailed, interrogated, tried and punished without legal protections guaranteed by the ordinary system, lawyers inside and outside the government say.

Your Quote...

Rights to a jury trial, etc. are constitutionally guaranteed in criminal trials. These guys aren't being tried. They aren't accused of being criminals- just combatants.

Under the above statement, if this law were to pass then anyone being tried as a terrorist would be exempt from what the 6th Amendment states we are all allowed to have.

In the case of the two animals you are talking about. They were caught plotting. The rights that I would like to see protected are of those people where no crime has been commited. If you read this part again..... may be investigated, jailed, interrogated,

that may indicate to me that they are also refering to people that have not been caught red handed as were the people you are talking about.

25 posted on 12/01/2002 7:12:07 PM PST by Mixer
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To: mrsmith
Padilla has a lawyer anyway ( and from the circumstances of his capture on US soil that's not a bad idea),

He has a lawyer only because he was first arrested in the normal, legal way and his family knew about it. They hired the lawyer who has still not been able to talk to his client.

No cigar for the government on that one.

26 posted on 12/01/2002 7:15:30 PM PST by Mike4Freedom
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To: expatpat
I agree that citizens and non-citizens should have different rights. But how do you handle fifth-columnists who have burrowed into the nation and taken US citizenship

This is where the thin red line has to be drawn. If it were up to me, I would say that anyone that has gone to the extent to get a proper legal citizinship in the USA should be granted the same rights as someone who was born here, but God help them if they are ever caught going against the USA from that day forward.

Any legal US citizin, whether they were born here or not, should be allowed the protection of our government and it's Constitution. If they are tried and convicted under those same laws then they have to do the time under American punishment. Illegals should be deported finger printed and never allowed back in the country.

27 posted on 12/01/2002 7:19:57 PM PST by Mixer
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To: section9
What makes you think I want to pay one thin dime so that a bunch of liberal political prisoners can drink their caffe late every morning?

I didn't say they had to be tax paying guarded camps....just throw them on an island we aren't using and forget them ; )

28 posted on 12/01/2002 7:24:35 PM PST by Mixer
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To: Mike4Freedom
You don't know that Padilla and Hamdi have Habeas Corpus petitions before courts right now???????

You don't know that Padilla has an attorney???????

Oh well, that explains your remarks.


Yaser Esam Hamdi v. Donald Rumsfeld:


29 posted on 12/01/2002 7:26:06 PM PST by mrsmith
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To: mrsmith
Let's go over this again. They have attorney's now because their families knew about their arrests. The government is arguing against the Habeus petition for absolutely scary reasons. The DOJ wants the right to secret arrests for illegal combatants, hold them incommunicado with no lawyer. These cases will be the precedent setters for the police state to follow if they are not stopped NOW.

I cannot understand how a conservative cannot be outraged by what is happening!

30 posted on 12/01/2002 7:32:35 PM PST by Mike4Freedom
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To: mrsmith
If they face criminal charges they can have a jury trial. There are no charges against them. It is no crime to be a combatant.

So they have no charges against them that they can rebut but they can be kept in jail indefinitely. What more do you need to see that this is a police state system?

I thought that on this issue, conservatives and libertarians would agree. Where are your principles?

31 posted on 12/01/2002 7:35:35 PM PST by Mike4Freedom
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To: Mixer
From my first reply on this thread:
"Well, they say "terrorism suspects " but it's obvious this is about agents of foreign powers who may be citizens or US persons.
Domestic terrorists are still treated the same way. "

I haven't seen the rest of the article (I don't want to register with them). If you read their article carefully, I believe you'll see they are talking only about "agents of foreign powers who may be citizens or US persons". If not please post what they say ( just an extract) here please.

32 posted on 12/01/2002 7:42:39 PM PST by mrsmith
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To: Mike4Freedom
"no charges against them that they can rebut "
They can rebut that they are combatants by HC.


Where is your respect for the Constitution?
If you don't like the Constitution go somewhere you won't be bothered by it.
Our Founders were not idiots.

33 posted on 12/01/2002 7:46:41 PM PST by mrsmith
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To: Mike4Freedom
Patrick Henry on how to deal with an unlawful combatant:
At the Virginia ratification debate Patrick Henry, arguably the greatest libertarian of the Founders, spoke on "due process" for terrorists:

"He was an enemy to the human name. Those who declare war against the human race may be struck out of existence as soon as they are apprehended. He was not executed according to those beautiful legal ceremonies which are pointed out by the laws in criminal cases. The enormity of his crimes did not entitle him to it. I am truly a friend to legal forms and methods; but, sir, the occasion warranted the measure.
A pirate, an outlaw, or a common enemy to all mankind, may be put to death at any time. It is justified by the laws of nature and nations. "

He would be astounded at the lengths we are going to to protect the rights of Padilla and Hamdi.

34 posted on 12/01/2002 7:51:39 PM PST by mrsmith
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To: mrsmith
If not please post what they say ( just an extract) here please.

Probably the most hotly disputed element of the administration's approach is its contention that the president alone can designate individuals, including U.S. citizens, as enemy combatants, who can be detained with no access to lawyers or family members unless and until the president determines, in effect, that hostilities between the United States and that individual have ended.

Padilla was held as a material witness for a month after his May 8 arrest in Chicago before he was designated an enemy combatant. He is one of two U.S. citizens being held as enemy combatants at the Navy brig in Charleston, S.C. The other is Yaser Esam Hamdi, a Saudi Taliban fighter who was captured by American troops in Afghanistan and sent to the U.S. prison at Guantanamo Bay, Cuba, until it was discovered that he was born in Louisiana.

Attorneys are challenging their detentions in federal court. While civil libertarians concede that the executive branch has well-established authority to name and confine members of enemy forces during wartime, they maintain that it is unconstitutional to subject U.S. citizens to indefinite confinement on little more than the president's declaration, especially given the inherently open-ended nature of an unconventional war against terrorism.

For example, under authority it already has or is asserting in court cases, the administration, with approval of the special Foreign Intelligence Surveillance Court, could order a clandestine search of a U.S. citizen's home and, based on the information gathered, secretly declare the citizen an enemy combatant, to be held indefinitely at a U.S. military base. Courts would have very limited authority to second-guess the detention, to the extent that they were aware of it.

35 posted on 12/01/2002 8:07:45 PM PST by KDD
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To: KDD
Is that just an extract?

You know we can't post much of a Wash Post article.

36 posted on 12/01/2002 8:12:45 PM PST by mrsmith
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To: mrsmith
It's a long article.
37 posted on 12/01/2002 8:14:09 PM PST by KDD
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To: mrsmith
A three part piece.
38 posted on 12/01/2002 8:17:00 PM PST by KDD
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To: KDD
Wow! I hope it's in my Times Dispatch tomorrow!


"For example, under authority it already has or is asserting in court cases, the administration, with approval of the special Foreign Intelligence Surveillance Court, could order a clandestine search of a U.S. citizen's home"
This would require showing probable cause to the FISA court that he was an agent of a foreign power

"based on the information gathered, secretly declare the citizen an enemy combatant, to be held indefinitely at a U.S. military base."
If he met the definition in the congressional declaration

"Courts would have very limited authority to second-guess the detention, "
He would have his right to a Habeas Corpus petition just like Padilla and Hamdi.

"to the extent that they were aware of it."
The FISA court would know that he was in detention as they must closely supervise the cases.
Anyway, unless the congress suspends HC, the administration would have to give him access to a court.

I don't see anything new here. There has been consideration of having congress set up military tribunals for renegades- unless there are a lot of them I don't go for that idea, though it would be better than suspending HC.

39 posted on 12/01/2002 8:30:16 PM PST by mrsmith
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To: KDD
Thanks much, a pretty well balanced article!
This one error gets my goat though:
"U.S. officials have told the courts that they can detain and interrogate him until the executive branch declares an end to the war against terrorism. "
"until the president determines, in effect, that hostilities between the United States and that individual have ended. "
... or the congress rescinds his authorization.
This is really irritating to me- congress is getting a free pass on this. Yet they are where the buck stops.

"A federal district judge in Virginia, Robert G. Doumar"
This guy is a egotistical fool IMHO, the appeal court practically told him to give Hamdi monitored access to a lawyer but Doumar is trying to do it all himself.

"and then it never gives the individual a fair chance to see if the surveillance was lawful," Martin said "
But the warrant would have been reviewed by the FISA court, and then by the trial court in camera. An alien deportation hearing might not see it- I'm not sure.

40 posted on 12/01/2002 8:55:59 PM PST by mrsmith
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