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the suppreme court hands bush another defeat....Follow

#1 Jan 13 2005 at 12:14 PM Rating: Default
by passing a ruleing that says the indefinate detention of prisoners without due process is ILLEGAL.....

while this issue was presented in a case for immigrants who could not be deported because thier country wouldnt have them back........................

its far reaching implications clearly tell this addministraition that they will not support ANY bill that allows for the indefinate detention of ANYONE without due process.

this slaps the addministraition in the face as they try to push a bill that will allow them to detain indefinatly "enemy combatants" at their discreation.
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this addministraition does not want to call Iraq a war because if they did, then every one in detention would fall under the protection of the geneva convention, a treatie this addministraition has broken on a consistant basis with the handeling of the prisoners of this situation.

and because it is NOT a war, they have no legal grounds for detaining ANYONE without spacific charges, or due process.

their delima:

cant call it a war, because then they couldnt use "coercive" measures to "interogate" them.

cant NOT call it a war, because then they would have to let the people go or prosecute them in a timely manner.

their answer:

pass a bill allowing for the indefinate detnetion of "enemy combatants", a term they made up, so they can have their cake and eat it too.

the supreme court just handed them a notice their bill will not stand up to a legal challenge WHEN, not if, but WHEN it gets to the supreme court.

their fear:

if this law doesnt fly, then the "enemy combatants" have to be declared "prisoners of war", making this addministraitions treatment of them a WAR CRIME.

their safety net:

give the top lawyer job to someone who can argue that the president has the authority to "sidestep" the law, and use "torture" in teh present and future.....

enter the new AG gonzales.............

they broke the law, so they are making new ones to say it is O-TAY. and the supreme court is saying "WANA BET?"........
#2 Jan 13 2005 at 12:17 PM Rating: Decent
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i appreciate your confidence in our supreme court, but as it looks like Bush will likely APPOINT one or two justices, and they're extremist enough to say Roe v. Wade should be overturned (he's said he would only appoint justices matching that description), then they're also likely to side with Bush-and-friends on this whole enemy combatant retardation.
#3 Jan 13 2005 at 12:30 PM Rating: Decent
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Spellcheck is your friend.
#4 Jan 13 2005 at 12:33 PM Rating: Decent
i have confidence the supreme court is about as unbiased as unbiased can get in the government of this country.

while they are appointed by the president, they are not beholding to any political party after they are appointed, nor do lobbiest have any access to them. their appointment is for life too, so they do not have to "run" for office and the only way tey can be kicked out is death, a crime, or volentary resignation.

perfect? no, but as far as politics go, they are the creme of the crop. they are as unbiased as unbiased can be in the government of this country. how unbiased that is might be questioned though.

several rullings have come to pass in the last couple years, including this one that clearly tells this addministraition,

1. they ARE prisoners of war and ARE covered under the geneva convention.

2. 1 applies weather they are held in america, iraq, or even cuba.

3. if you refuse to call them prisoners of war, then they are entitled to due process afforded to EVERY PRISONER held by the United States of America.

sadly, tey are not prosecutors. they only interpet the law, not enforce it. they are calling this addministraitions actions ILLEGAL, but it is up to the executive branch to enforce the law. up to bush.

and even sadder, when he is out of power in 4 years, adn can be prosecuted, he will be pardoned by the incoming president, as is customery in this country.

there WILL be NO justice for these crimes....ever. a few grunts bay get pounded on, but the person responsible will NEVER be held accountable.
#5 Jan 13 2005 at 12:34 PM Rating: Excellent
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DarkRein wrote:
Spellcheck is your friend.


As are paragraphs.
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#6REDACTED, Posted: Jan 13 2005 at 12:36 PM, Rating: Sub-Default, (Expand Post) So is bleach, go show it some love
#7 Jan 13 2005 at 12:37 PM Rating: Excellent
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Whats that Asper, try to maintain default for at least half a second so i can read your posts.
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#8REDACTED, Posted: Jan 13 2005 at 12:41 PM, Rating: Sub-Default, (Expand Post) I can qoute it with one of my 3.00 socks if you like
#9 Jan 13 2005 at 12:47 PM Rating: Excellent
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Please do.
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Bode - 100 Holy Paladin - Lightbringer
#10REDACTED, Posted: Jan 13 2005 at 12:47 PM, Rating: Sub-Default, (Expand Post) If you insist
#11REDACTED, Posted: Jan 13 2005 at 12:52 PM, Rating: Sub-Default, (Expand Post) If Iraq fell under the rule of being a signatory of the GC, I would agree with you, sadly, they never got up the gonads to sign them ( since if they had they would have been kept to a higher standard of treatment of thier own citizens).
#12REDACTED, Posted: Jan 13 2005 at 12:53 PM, Rating: Sub-Default, (Expand Post) /em snickers loudly at the niavitee of this poster
#13 Jan 13 2005 at 12:55 PM Rating: Excellent
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I thought you said 3.00 poster not 2.5 poster, damn cant you do anything right?
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Bode - 100 Holy Paladin - Lightbringer
#14 Jan 13 2005 at 2:24 PM Rating: Default
If Iraq fell under the rule of being a signatory of the GC, I would agree with you, sadly, they never got up the gonads to sign them ( since if they had they would have been kept to a higher standard of treatment of thier own citizens).
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weather Iraq signed this treatie or nit is irrelevant.

we DID sign it. we agreed to abide by it. this addministraition "sidesteped" (read ignored)it, and is now trying to justify "sidestepping" it under the guise of "national security".

with the completion of the WMD report, finding absolutly no evidence to support any of this addministraitions justifications for going to war in the first place, "national security" is a pretty weak argument for committing what WE AGREED to call WAR CRIMES.

thus the safety net, hiring a AG that will argue the president has the authority to "sidestep" the laws WE AGREED to abide by.

plausible deniability,

they were not "prisoners of war"
i didnt know Iraq was not a threat
my legal counsel told me it was O-TAY.

cant prove intent, cant prove a crime.

and sadly, the ultimate safety net, the presidential pardon by the incoming president.

the only chance justice will be done with this addministraition is if this addministraition investigates and prosecutes itself.

america, land of the criminals, home of the butchers. 4 more years, wooohooo
#15REDACTED, Posted: Jan 13 2005 at 2:26 PM, Rating: Sub-Default, (Expand Post) Flea comes to mind(last time i swear)
#16 Jan 13 2005 at 2:35 PM Rating: Good
Shadowrelm are you an insurgent here to invade our forums!!
#17 Jan 13 2005 at 3:27 PM Rating: Decent
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Napoleon once invaded the Middle East (via Egypt) and wound up after a battle with thousands of prisoner combatants. There were too many prisoners to guard, feed or travel with the army. So Napoleon had them all lined up in a bay and killed. Bullets were scarce so they were bayonetted.

I think that sounds like a good way to get rid of this problem. Can anyone tell me if the M4 (or whatever the US Army currently issues) has bayonet mounts?
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we all know liberals are well adjusted american citizens who only want what's best for society. While conservatives are evil money grubbing scum who only want to sh*t on the little man and rob the world of its resources.
#18REDACTED, Posted: Jan 13 2005 at 3:30 PM, Rating: Sub-Default, (Expand Post) Who needs a bayonet when you can beat them with large sticks
#19 Jan 13 2005 at 3:48 PM Rating: Good
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I personally am all for the disallowing of indefinite detention of prisoners. People often seem to forget that POW/MIA works from both sides of the pond. Most of those prisoners have families and loved ones that they would like to see one day. I would rather us take the moral high ground with it.

Especially since the substantive cause for the invasion of Iraq was a farce (the WMD thing). Now the only grounds we had for invading was the maltreatment of its population. It would be *** backwards for us to claim we are trying to make life better for those people and then turn around and never allow the prisoners we took to return home to their families - especially when one of the reasons we invaded was because people would be imprisoned for life with no trial. If we didn't return the prisoners, we would be just as bad as the guy we went in to replace.
#20 Jan 13 2005 at 3:50 PM Rating: Decent
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Too much effort. Beating with large sticks takes a few more hits, to certain areas. With a bayonet it's stab, slash, they're dead (or rapidly bleeding to death).
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publiusvarus wrote:
we all know liberals are well adjusted american citizens who only want what's best for society. While conservatives are evil money grubbing scum who only want to sh*t on the little man and rob the world of its resources.
#21 Jan 13 2005 at 3:56 PM Rating: Decent
Quote:
I think that sounds like a good way to get rid of this problem. Can anyone tell me if the M4 (or whatever the US Army currently issues) has bayonet mounts?


Most of your line soldiers use the M-16 and yes it has a bayonett mount.

There are fewer M-4's to go around and are usually reserved for your recon/SNCO/Officer types. The M-4 has a bayonett mount also. The M-4 really is just a modified M-16. Different stock and shorter barrel. It is a bit easier maneuver though if I were in a bayonett fight I think I would rather have the M-16 since it is a bit longer and the stock is better for the classic butt stoke move. Smiley: smile

At least that's how it is in the Marine's.
#22 Jan 13 2005 at 5:23 PM Rating: Excellent
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Shadow. I'm going to just ignore most of your ranting and raving. Once again, you just spew stuff you heard but without providing a source. I'm tired of having to figure out which of your info is real, which is "kinda real", and which just came from your own vivid imagination.

There is one thing though that somewhat blows your whole conspiracy theory away. Bush most definately decalared "WAR" on Iraq. Bush most definately declared "WAR" on Afghanistan. How exactly can you claim that he didn't call those wars so he could get away with something?
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#23 Jan 13 2005 at 5:39 PM Rating: Good
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gbaji wrote:
Shadow. I'm going to just ignore most of your ranting and raving. Once again, you just spew stuff you heard but without providing a source. I'm tired of having to figure out which of your info is real, which is "kinda real", and which just came from your own vivid imagination.

There is one thing though that somewhat blows your whole conspiracy theory away. Bush most definately decalared "WAR" on Iraq. Bush most definately declared "WAR" on Afghanistan. How exactly can you claim that he didn't call those wars so he could get away with something?


I believe you, but I don't remember him petitioning congress for a declaration of war. When did he?

Without that, it's just a "conflict." Like Vietnam.

Edited, Thu Jan 13 17:39:34 2005 by scubamage
#24 Jan 13 2005 at 5:40 PM Rating: Good
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Ok, ok, fine. We won't hold the freaking terrorists indefinitely anymore. We'll just detain them for the rest of their natural lives. Satisfied, shadowrelm? Sheesh, bleeding heart liberals love terrorists more than their own countrymen. Mkaes you think people like shadowrelm want to release these A-rabs so they can be free to 9/11 our a$$ again.

Sin,
Dubya and Co.


























Totem
#25 Jan 13 2005 at 9:52 PM Rating: Good
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The One and Only scubamage wrote:
gbaji wrote:

There is one thing though that somewhat blows your whole conspiracy theory away. Bush most definately decalared "WAR" on Iraq. Bush most definately declared "WAR" on Afghanistan. How exactly can you claim that he didn't call those wars so he could get away with something?


I believe you, but I don't remember him petitioning congress for a declaration of war. When did he?

Without that, it's just a "conflict." Like Vietnam.


Nope. That's just one more misperception foisted upon a largely ignorant populace by our wonderfully Liberal Media.

Here's a copy of the resolution passed jointly by Congress.

Note the following:

Quote:
(1) SPECIFIC STATUTORY AUTHORIZATION- Consistent with section 8(a)(1) of the War Powers Resolution, the Congress declares that this section is intended to constitute specific statutory authorization within the meaning of section 5(b) of the War Powers Resolution.


Let's analyze this, shall we? Section 8(a)(1) says this:

Quote:
SEC. 8. (a) Authority to introduce United States Armed Forces into hostilities or into situations wherein involvement in hostilities is clearly indicated by the circumstances shall not be inferred--

(1) from any provision of law (whether or not in effect before the date of the enactment of this joint resolution), including any provision contained in any appropriation Act, unless such provision specifically authorizes the introduction of United States Armed Forces into hostilities or into such situations and stating that it is intended to constitute specific statutory authorization within the meaning of this joint resolution; or


So, they're saying that you can't just use the armed forces by provision of law *unless* such provision specifically authorizes it. In this case, and in the Joint Resolution above, Congress is saying that the resolution *does* consitute specific authorization under the War Powers Resolution.

Section 5(b), says the following:

Quote:
(b) Within sixty calendar days after a report is submitted or is required to be submitted pursuant to section 4(a)(1), whichever is earlier, the President shall terminate any use of United States Armed Forces with respect to which such report was submitted (or required to be submitted), unless the Congress (1) has declared war or has enacted a specific authorization for such use of United States Armed Forces, (2) has extended by law such sixty-day period, or (3) is physically unable to meet as a result of an armed attack upon the United States. Such sixty-day period shall be extended for not more than an additional thirty days if the President determines and certifies to the Congress in writing that unavoidable military necessity respecting the safety of United States Armed Forces requires the continued use of such armed forces in the course of bringing about a prompt removal of such forces.


It's interesting that they don't narrow it down a bit, but you can see what they're getting at. Congress is saying that this represents specific authorization. 5(b) lists off a set of conditions underwhich Congress can hobble a Presidents ability to just use military force *unless* Congress has specifically authorized it. Thus, this counts as specific authorization and the president is removed from such hobbling.


You can argue that Congress "didn't declare war", but that's just a semantic issue. Congress did. In every real way. They just don't use the word "war", and instead us "authorization of the military under X/Y/Z of the War Powers Act". It's still declaring war folks.

Don't believe me? Ok. How about this. Did we "declare war" on Iraq during the Gulf War? I've never heard anyone try to claim that that was not a "War" in every meaning of the term. Let's see what that resolution has to say:

Quote:
c) WAR POWERS RESOLUTION REQUIREMENTS. --

(1) SPECIFIC STATUTORY AUTHORIZATION. -- Consistent with section 8(a)(1) of the War Powers Resolution, the Congress declares that this section is intended to constitute specific statutory authorization within the meaning of section 5(b) of the War Powers Resolution.




Hey! Lookit that! It's the exact same wording. If the "Gulf War" was a war, then the Iraq war was one too...


The point is that the talking heads on TV know that the average Joe can be made to think that "authorizing force" isn't the same as "war". And they're right. Unless that force is specifically authorized under a specific set of sections of the War Powers Resolution. When that force is authorized in that manner, then it is in ever legal way "war".

Bush declared war on Iraq. Plain and simple. All the rules and requirements of war count. Um... And it's not like the GC rules don't apply just because you didn't declare war anyway. Once again, people are getting caught up in semantics. Just because we all them "Prisoners of War" does not mean that the status is reserved only when the parties have formally declared war. The GC applied during Vietnam, but no official war was ever declared.


We're just seeing a whole set of bizaare innuendo used instead of fact. Kinda discouraging IMO.
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King Nobby wrote:
More words please
#26 Jan 13 2005 at 10:06 PM Rating: Good
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Gbaji wrote:
Once again, you just spew stuff you heard but without providing a source. I'm tired of having to figure out which of your info is real, which is "kinda real", and which just came from your own vivid imagination.
Oh no you didn't.
Smiley: laugh
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