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06-12-2007 #1
- Join Date
- Mar 2006
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- under sail
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- 1,032
And the pendulum begins to swing back
Washington - President Bush overstepped his authority when he ordered the indefinite military detention of an Arab computer-science student from Qatar on suspicion that he was an Al Qaeda sleeper agent.
In a stinging rebuke to the Bush administration's tactics in the war on terror, a panel of the Fourth US Circuit Court of Appeals on Monday ordered the government to release Ali Saleh al-Marri after being held four years in a military brig.
"To sanction such presidential authority to order the military to seize and indefinitely detain civilians, even if the president calls them 'enemy combatants,' would have disastrous consequences for the Constitution – and the country," writes US Circuit Judge Diana Gribbon Motz in the 2-to-1 decision.
"For a court to uphold a claim to such extraordinary power ... would effectively undermine all of the freedoms guaranteed by the Constitution," Judge Motz writes. "We refuse to recognize a claim to power that would so alter the constitutional foundations of our republic."
http://www.csmonitor.com/2007/0612/p25s02-usju.html
It's good to see the 4th Curcuit Court stand up for the Constitution against an over reaching administration.
Alright Then.
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06-12-2007 #2
- Join Date
- Apr 2007
- Location
- USA
- Posts
- 279
csm? hmmm? good to see you've found the way, chef
i guess we'll be seeing you at Jesus camp in august?
we're always a step out of time,
now ain't that a shame
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06-12-2007 #3
- Join Date
- Mar 2006
- Location
- under sail
- Posts
- 1,032
Having read some of your previous posts, maybe this is more to your liking.
RICHMOND, Virginia — The Bush administration cannot legally detain a U.S. resident it believes is an Al Qaeda sleeper agent without charging him, a divided federal appeals court ruled Monday. The court said sanctioning the indefinite detention of civilians would have "disastrous consequences for the Constitution -- and the country."
In the 2-1 decision, the 4th U.S. Circuit Court of Appeals panel found that the federal Military Commissions Act doesn't strip Ali al-Marri, a legal U.S. resident, of his constitutional rights to challenge his accusers in court. Al-Marri is the only person being held as an enemy combatant on U.S. soil.
The court also ruled the government must allow al-Marri to be released from military detention.
"To sanction such presidential authority to order the military to seize and indefinitely detain civilians, even if the President calls them 'enemy combatants,' would have disastrous consequences for the Constitution -- and the country," the panel said in its opinion.
http://www.foxnews.com/story/0,2933,280592,00.html
Alright Then.
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06-12-2007 #4
Give me a break...
John Ellis Bush in 2012!
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06-12-2007 #5Originally Posted by guyone
One break, coming up !
Look for this ruling to be overturned. Judges DO NOT get to set the parameters of war. Congress specifically removed the courts jurisdiction from the civilian courts and specifically gave it to the military court system.
DOJ has asked for an en banc review of this decision. If the decision remains the USSC will overturn it because Congress has not violated the Constitution in regards to military judicial review.
When people abandon the truth, they don’t believe in nothing, they believe in anything.
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06-12-2007 #6
- Join Date
- Mar 2006
- Location
- The United Fuckin' States of America
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- 13,898
It may or may not be reversed on appeal, but the following will remain true:
"To sanction such presidential authority to order the military to seize and indefinitely detain civilians, even if the President calls them 'enemy combatants,' would have disastrous consequences for the Constitution -- and the country,"
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06-12-2007 #7Originally Posted by trish
When people abandon the truth, they don’t believe in nothing, they believe in anything.
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06-12-2007 #8
- Join Date
- Mar 2006
- Location
- The United Fuckin' States of America
- Posts
- 13,898
Give me liberty or give me death.
"...I no longer believe that people's secrets are defined and communicable, or their feelings full-blown and easy to recognize."_Alice Munro, Chaddeleys and Flemings.
"...the order in creation which you see is that which you have put there, like a string in a maze, so that you shall not lose your way". _Judge Holden, Cormac McCarthy's, BLOOD MERIDIAN.
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06-13-2007 #9
"Those who would give up Essential Liberty to purchase a little Temporary Safety, deserve neither Liberty nor Safety. "
"Sell not virtue to purchase wealth, nor Liberty to purchase power."
"There never was a good war or a bad peace."
- Ben Franklin
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06-13-2007 #10
Better safe than sorry.
John Ellis Bush in 2012!