by PrestonSturges » Mon 02 Jan 2012, 13:05:47
OK, I just wanted to make sure the context was Bush policies. Remember, preventing civilian trials for terrorists of any sort (including Captain Underpants) was a key issue for the GOP, who was claiming Obama just "doesn't get it" right up to the death of Bin Laden. And we seem to agree on the menace posed by the "Originalist" Federalist Society corrupt crazies the GOP has appointed to the federal courts, like Scalia. You seem to repudiate nearly all the legal theories of the GOP, so congrats for that.
The passionate Tenthers here should note that on this issue the constitutional Originalists (Salia, Alito, Thomas) would say there is no right of habeas corpus in the Constitutution (which is technically true in a much fuller sense than many points promoted by Tenthers.) That's why GOP appointees are such a threat to civil liberties, and Tenthers seem to be in the dark that people aren't being sarcastic when they say the Originalists would turn the country into Somolia.
SCOTUS ruled that the Pailla filing had been done wrong (and he had no standing? That always seemed to be their excuse.) So the issue was left in legal limbo.
$this->bbcode_second_pass_quote('', 'U')S citizens shall not be subject to military detention.
Specific language would be better, and that would have to be followed by carving out exceptions, which goes back to the question of people caught on the battlefield abroad as well as domestic martial law, and the different forms of "detention."