Tim Daneliuk wrote:
Scott Lurndal wrote:
Tim Daneliuk writes:
wrote:
Abandonment of our principles is suicide.
So is clinging to them to the point where we are annihilated. Survival
comes before legal nuance notwithstanding the fantasyland inhabited
by a good many of the war critics.
Hyperbole. The US won't be annihilated by allowing habeus corpus, nor
would presenting the actual evidence, classified or otherwise, lead to
the annihilation of the united states.
So, you may trust GWB and Rumsfeld to not abuse their power, but when the
next president declares _you_ an enemy combatent, and you have no
recourse to the court system, habeus corpus or even to see the evidence
against you, don't complain to the rest of us.
scott
I don't trust any politician. But you are playing a not-too clever
game of misdirection. The right of habeus corpus is extended only
to participants in our socio-legal contract. It is *not* extended
to foreign invaders.
A particulary pathetic misdirection. No one has suggested habeas
relief
for foreign invaders. But I will later in this article.
You are not, by any chance, characterizing persons arrested in
Pakistan or Afghanistan, or captured in combat in Afghanistan
and taken to Guantanamo Bay, and who have never seven attemtped
to enter the United Statesas foreign invaders, are you?
That the Constitution allows the Congress (nor the courts nor
the President) to suspend habeas corpus in the event of invasion,
makes it clear that habeas corpus applies absent an explicit, and
permissible, suspension.
See:
EX PARTE QUIRIN
317 U.S. 1 (1942)
The motion for habeas corpus relief was heard and denied by
the USSC. If the foreign invaders in question could not be, under
any circumstances, entitled to the writ the Court would not
have heard their petition, rather than hearing and then denying
their application.
No matter how much you try to dance around this
issue both history and legal precedent are on my side of this debate:
Please provide cittations.
Combating enemy invaders - in or out of uniform - is NOT a domestic
law enforcement problem and thus our domestic criminal/civil law
does NOT apply.
Just who are these invaders to whom you keep refering?
What country did they invade?
--
FF