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Op Ed: 'There Is No Law' »

Posted by: Spadecaller 2 years, 10 months ago

The 2006 Military Commissions Act has eliminated habeas corpus jurisdiction over lawsuits by GuantÃ;¡namo detainees and that the Constitution requires no judicial review, even if the detainees are held there for the rest of their lives.

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Comments: 83
  • Avg rating: (+0/-0 0)Spadecaller
    Spadecaller
    March 2, 2007, 3:54 a.m.

    Without habeas corpus the U.S. government can operate as international terrorists without providing a fair defense from those it chooses to detain, torture, or imprison indefinitely.

    • Avg rating: (+0/-0 0)Amazing1
      Amazing1
      March 2, 2007, 9:07 a.m.

      What aniokly fails to consider is that some of these people are INNOCENT!

      The problem with the Military Commissions Act is that it fails to treat these prisoners as people. When some of these people were arrested, it was on the word of a neighbor who didn't like them, or because the informant was looking for a favor. It had nothing to do with the actual acts of the person detained. And yes, there are bad guys there, too.

      Our ridiculous excuse for a president has decided with the help of his VP and AG that the rights of others do not matter.

      This whole thing of the suspension of habeas corpus is but the beginning. It is the first salvo against habeas corpus for all. We'll start with ACCUSED terrorists. Next it will be illegal aliens. Then anyone whose parents were illegal aliens. Anyone related to an illegal alien. Anyone with a prior felony conviction, anyone with three or more misdemeanors on record, than just anyone.

      • Avg rating: (+0/-0 0)rickcb
        rickcb
        March 2, 2007, 12:17 p.m.

        We seem to live in an age where politicians; Republicans and Democrats alike look for loopholes in the Constitution. This blatant subversion of the Constitution is an imminent threat to the REAL United States of America... "We the People."

        How do we measure ourselves as Americans...how do we judge ourselves? Is it not according to how we keep the principles on which this nation was founded? The Constitution of the United States is the embodiment of those principles. Why then are we looking for (to put it politely) "ways around" the Constitution? In essence we are looking for ways to subvert our own principles!

        We go into Iraq to free the Iraqi people; to rid them, and the rest of the world of the tyranny, and threat of Saddam Hussein. We bring Democracy to the Iraqi people, and help them to form their own government. But in doing so we take hundreds of Iraqi citizens as prisoners of war, or enemy combatants, or whatever you choose to call them. Now what?

        • Avg rating: (+0/-0 0)Itachirumon
          Itachirumon
          March 2, 2007, 3:26 p.m.

          the time as almost arrived, for us to force these monstrosities out of office, it is TIME for us as a nation to take control of our lives again and send a clear message to these neo-con TERRORISTS, we will NOT be silent as Big Brother takes us over, Comrade Napolean is NOT always right, and he WILL be destroyed if he tries to stand against us, our nation will not tolerate a 'Squealer' any longer preaching appeasement to our national sheep while claiming it does not work abroad, we WILL rise up and take back this land from the inept Shrub dictatorship

          • Avg rating: (+0/-0 0)Itachirumon
            Itachirumon
            March 2, 2007, 4:29 p.m.

            Well excuse me kind sir for my 18th birthday not being for 13 days after the election, making it impossible for me to vote, or did you forget somehow that I am only 18 as of Nov. 20th

            • Avg rating: (+0/-0 0)NelsonR
              NelsonR
              March 2, 2007, 8:19 p.m.

              Mixed emotions about this one. I may be siding with anickly on some of his points. Amazing. We should not afford protections to foreigners who are likely radicals. Being against the war and desiring our withdrawal immediately I find myself despising the rhetoric and barbaric tactics these Islamist espouse. They should not be under the laws of our constitution nor should they be subject to the Geneva Conventions. They do not wage war under any governing moral code, so my question, How can you proclaim their rights, they have none.

              Now I know whats coming, they are accused of a crime, not convictied and they should be afforded a defense. I dont agree, within wars injustices occur, this is not antiseptic so how can you treat them with principals they do not advocate. I know a dilema but I side on this one, heaven forbid with anickly.

              • Avg rating: (+0/-0 0)braveone
                braveone
                March 2, 2007, 9:03 p.m.

                these folks are enemy combatants, not US citizens,

                they have no rites under our constitution,

                in a real war, they'd be buried on the battlefied.

                or put in a POW camp, wherin the second problem lies, they are not real soldiers, just terrorists and murderes.

                • Avg rating: (+0/-0 0)Itachirumon
                  Itachirumon
                  March 2, 2007, 9:05 p.m.

                  the reason we have 5th-8th amendments is to protect the rights of the accused, if you believe in the constitution and these rights then it is logical that you uphold them, these were put in place in response to King George (the irony would be funny if it wasn't so sick) to prevent his men from taking our americans in the night and sending them to brittish prisons indefinately. the flaw in your argument is that while they may not be subject to our constitution, they're subject to Geneva, which are inalienable rights, even if they don't always deserve them, they have a right to them, its inconvienient, but its the right path

                  • Avg rating: (+0/-0 0)NelsonR
                    NelsonR
                    March 2, 2007, 9:15 p.m.

                    itachirumon - The problem I am having with your argument is the inalienable rights. Im going to recite religion on this one, I'm agnostic so don't recite scripture to me, Do unto others as they would do unto you. I thought it appropriate.

                    If a person burglarizes my home and kills and rapes my wife I will take that man if arrested and kill him myself. Same scenario. These radicals, as my above post says are not deserving of either our constitutional rights nor any part of the Geneva Convention that they refute.

                    Again, mistakes and errors occur within all wars. Paradise would be nice where everything is just, wars aren't just.

                    • Avg rating: (+5/-1 4)NelsonR
                      NelsonR
                      March 2, 2007, 9:58 p.m.

                      rickcb - You are failing to read fully both of my post.

                      Wars are not antiseptic nor are wars just. Bottom line S*** happens. Ever hear the expression, "War is Hell"?

                      The reason for that famous quote is, it is Hell. Human rights are somehow lost within the haze of hate and violence. These Islamist who show no compassion but only brutality that no nation accepts deserve unfair treatment sometimes. If not be always prepared to be trounced upon and abused. I do not want to be abused but I would like Bush along with Cheney out of office for this outrageous war.

                      • Avg rating: (+2/-0 2)eugenegerard
                        eugenegerard
                        March 2, 2007, 10:02 p.m.

                        DavidHalko, do yourself a favor and READ the Declaration of Independance and Constitution and Bill of Rights. After you read them sit and think what it means to be an American. Your views are un-American and tend to be of a fascistic bent. Focus especially on the terms "ALL MEN" and given to us by our CREATOR. Hate will destroy you.

                        • Avg rating: (+10/-0 10)OldRusty
                          OldRusty
                          March 2, 2007, 10:36 p.m.

                          Well just leave it up to the ACLU, and them Arabs, will be flying air planes again. The dip-sticks running this country will never learn.

                          • Avg rating: (+6/-0 6)samsara15
                            samsara15
                            March 2, 2007, 11:23 p.m.

                            There never was any law, but brute force, prettily dressed up to look like a nice girl. Liberals oppose force until they get into office - Obama is already signing on, Hillary having long since been converted. Power corrupts.

                            • Avg rating: (+3/-2 1)ouzie-q
                              ouzie-q
                              March 3, 2007, 1:09 a.m.

                              Listen to the Libtards and homegrown terror tubbies...

                              anything to help the enemy.

                              Face the music girls, the majority of detainees released end up right back on the battlefield.

                              People who aid, abet and continue to coddle our enemies are the true treasonists.

                              Detainment works, just like it has in other past conflicts including WWII; this is a proven recipe.

                              These camps are country clubs anyway...Kosher food, free Korans and education.

                              "Choose a side and quit your holier than thou pontificating!"

                              As always...

                              PATOOIE!

                              • Avg rating: (+4/-3 1)jdhatl
                                jdhatl
                                March 3, 2007, 3:11 a.m.

                                The ban on "Cruel and Unusual Punishment" needs to be actually applied. It needs to start in the US prison/jail industry, where people are treated like cattle and fed like pigs. Too many people in this country have a mentality whereby they decide someone is just "deviant" and completely not worth caring that they are human. Regardless of anything like actual being guilty of crimes they may have been accused of inside or outside a courtroom. When you consider the masses of humanity we move around in high security stockades in every major city every day, their numbers kept pumped up with the promise of the drug war's consistent flow of people being rounded up, it is hardly surprising that we have exported our criminal justice mindset to the world in the name of this mess,i.e. the war with the dumbest name in military history.

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