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RIP Habeas Corpus

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Unread postby Roy » Mon 16 Oct 2006, 10:14:08

Actually, this is how it passed the house, with regard to the definition of an enemy combatant:

$this->bbcode_second_pass_quote('', '1'). Unlawful Enemy Combatant:

i. a person who has engaged in hostilities or who has purposefully and materially supported hostilities against the United States or its co-belligerents who is not a lawful enemby combatant
(including a person who is part of the Taliban, al Qaeda, or associated forces); or

ii. a person who, before, on, or after the date of enactment of the Miltary Commissions Act of 2006, has been determined to be an unlawful enemy combatant by a Combatant Status Review Tribunal or another competent tribunal established under the authority of the President or the Secretary of Defense.


Another interesting component that no one has mentioned:

military commissions act in its entirety

Under punishments

$this->bbcode_second_pass_quote('', '`')The punishment which a military commission under this chapter may direct for an offense may not exceed such limits as the President or Secretary of Defense may prescribe for that offense.


So the Prez and SecDef get to decide, not only what is the defintion of the criminal, but also the appropriate punishment? That's a lot of authority for two guys. Not to mention that there are no formalized guidelines for deciding these things, not that Bush would comply with them if they did exist.

Other areas where the MCA differs from our civil justice system are apparent if you take the time to read the act. Things like right to counsel and evidentiary procedure are altered significantly in comparison to our civil justice system. IMO, once you're declared an EC, you're truly screwed. Also, the MCA says that anyone found guilty will be sentenced to confinement to any prison under the control of the US military, anywhere in the world.

Again, read it for yourselves if you dare. It's not comforting and I don't feel safer.

Thank you President Bush, the Senate, the House, the Republocrat party and everybody who made this possible!

A hearty American "Attaboy" to you all!

THe possibilty of the Supreme Court slapping the MCA into the cheap seats? Low IMO.
Last edited by Roy on Mon 16 Oct 2006, 13:16:52, edited 1 time in total.
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Re: RIP Habeas Corpus

Unread postby Roy » Mon 16 Oct 2006, 10:31:35

Which party most strongly favored this Act? In the senate the votes look like this:

Yay: 52 Republicans
Nay: 1 Republican (Chafee -R Rhode Island)
NV: 1 Republican (Snowe R Maine)

Yay: 12 Democrats
Nay: 32 Democrats

Nay: 1 independent (Jeffords I Vermont)

House Vote:


link
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Re: RIP Habeas Corpus

Unread postby dukey » Mon 16 Oct 2006, 10:59:41

it is totally amazing that they got this through
Wars were once fought over things like this, now the people have been so stupid as to simply give them away.
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Re: RIP Habeas Corpus

Unread postby AgentR » Mon 16 Oct 2006, 12:02:50

$this->bbcode_second_pass_quote('dukey', 'i')t is totally amazing that they got this through
Wars were once fought over things like this, now the people have been so stupid as to simply give them away.


A common misconception is that dictatorships come into existence against the will of the people.

The real response is usually more along the lines of, "thank goodness, we're saved." Whether that is urban mass transit riders who have finally had enough of ridiculous strikes and missed schedules; or the rural'esque family that is dang tired of lefty EdD's coming into their communities and using their schools for metro propaganda; as long as the dictator brings an orderly urban environment, and a placid rural environment, he or she will get carte'blanche to redefine the political landscape as they see fit.

It only breaks when the farmers can't survive economically and culturally, and the urban folks can't get to work on time.

I doubt the US is there quite yet, but every session, congress forks over more power to the executive, and the courts have, for the most part, endorsed the notion that congress can deligate just about anything it wants except for the initial appropriations, and the confirmation type duties of the Senate. I'm just waiting for the day when congress sends a regular budget act type of appropriation, with a sizeable 'do whatever' account added on. At that point, we should just call this an Elected Monarchy and be done with it. I'm sure we won't, we'll just keep the existing names and change the definition.
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Re: RIP Habeas Corpus

Unread postby Dreamtwister » Mon 16 Oct 2006, 12:11:54

$this->bbcode_second_pass_quote('dukey', 'i')t is totally amazing that they got this through
Wars were once fought over things like this, now the people have been so stupid as to simply give them away.


Why would it surprise you? Who has time to read some boring old piece of legislation that they could barely understand anyway, when some dirty politician was caught cybering little boys?

Misdirection, misdirection, misdirection.

You want to know who sat on this Foley scandal for 2 years? THE REPUBLICANS THEMSELVES, specifically for the purpose of dropping the "pedo-bomb" as a smokescreen for floating this piece of legislation.
The whole of human history is a refutation by experiment of the concept of "moral world order". - Friedrich Nietzsche
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Re: RIP Habeas Corpus

Unread postby gego » Mon 16 Oct 2006, 13:19:29

Our soldier boys now need to be learning the goose step.

Can you say "Gestapo"?

It is always difficult to see where you are in history when you are looking at the present. It is only with the benefit of hindsight that you can see what has happened. The trend, however is always clear, and the trend has been, and is toward destruction of freedom and growth of government power.

This was a very stealth piece of legislation; it had burried in it the makings for unlimited terror to be unleashed upon any who oppose those in power, just by giving those in power, the ability to without question, define who is an unlawful enemy combatant. You should be afraid; those in positions of power like to use the power they have.
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Re: RIP Habeas Corpus

Unread postby peaker_2005 » Mon 16 Oct 2006, 13:45:42

$this->bbcode_second_pass_quote('lateralus', '')$this->bbcode_second_pass_quote('AgentR', '
')And which party is it that wants to remove even your last semblance of the means to resist when they come for you?


The one party with the two faces. The Republemocrats.

Both the Republicans and the Democrats are the same. Your vote is wasted on either party if you want to change the big picture. The agenda is the same with a slight "twist" to sway each "side" of a deliberately polarized nation.

Would you like Fallujah "light" or Stalingrad "regular"?

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IMHO, I prefer the term "Reproblemocrats. Much more "fitting"... :razz:
"Human beings, who are almost unique in having the ability to learn from the experience of others, are also remarkable for their apparent disinclination to do so." - Douglas Adams
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Re: RIP Habeas Corpus

Unread postby lateralus » Mon 16 Oct 2006, 14:26:44

$this->bbcode_second_pass_quote('peaker_2005', '
')IMHO, I prefer the term "Reproblemocrats. Much more "fitting"... :razz:


Elephants masquerading as donkeys...
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...and underneath those white shirts are brown ones.
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Re: RIP Habeas Corpus

Unread postby emailking » Tue 17 Oct 2006, 15:24:20

Bush signed the bill into law today.
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Re: RIP Habeas Corpus

Unread postby gego » Tue 17 Oct 2006, 15:30:02

$this->bbcode_second_pass_quote('Gideon', 'I') read the proposed legislation and Omar's last response -

$this->bbcode_second_pass_quote('', 'B')oth, if the President decides to call you an enemy combatant.


- is, IMO, incorrect.

I'll wait until the idiot signs the bill, but on first blush it appears very clear that citizens do not fall under the purview of this bill.

That said, no Habeus for non-citizens is despicable.

Long live the Empire.


Well, first of all, the idiot signed the bill so it is law.

Secondly, it is not at all clear that citizens do not fall under the purview of this bill. If the President decides to call you an enemy combatant, then you are an enemy combatant. There is no exception in the bill exempting citizens from this category. As with previous legislation, if the door is opened to using it in a way the government sees fit, then they can use it, irrespective of what the Congressmen voting on the bill thought it meant.

Either deliberately, or accidentally, the bill as written can be applied to citizens. If the President decides to call a certain citizen an emeny combatant then how is that citizen going to get habeas corpus. The jail he goes to is a "gestapo" jail and they do not need to tell anyone he is there and let him call a lawyer or call anyone else. He is done with what they choose in their secret tribunal.

This is why the law just erased the Bill of Rights. Bush may not get around to using the law in this way, but the power is there and eventually may well be used to quell opposition to the power structure, just as Hitler used similar power against mostly Jews, but also anyone else, citizen or not.
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Re: RIP Habeas Corpus

Unread postby emailking » Tue 17 Oct 2006, 16:37:15

How does it erase the Bill of rights? I don't see anything about habeas corpus in the first 10 Ammendements. All I can find is that it is the result of a court order.
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Re: RIP Habeas Corpus

Unread postby Roy » Tue 17 Oct 2006, 16:48:41

Habeus Corpus is not in the Bill of Rights, but in the Constitution itself.

The writ of habeas corpus in Article 1 Section 9 of the U.S. Constitution, a section that pertains to the duties of the U.S. Congress, says that the U.S. Congress cannot take away the writ of habeas corpus except under circumstances of rebellion or invasion.

The actual language reads:

$this->bbcode_second_pass_quote('', '"')The privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public safety may require it." No case of rebellion or invasion exists and thus the U.S. Congress does not have the power to suspend the Writ of Habeas Corpus. A serious debate was held over this part of the law in the Senate but an amendment to take this out of the bill did not get enough votes to pass.


Is there a rebellion or an invasion going on? I guess you could say yes, at least to the invasion. Although I suspect the framers didn't mean illegal immigrants, but foreign armies.

The Enabling Act part deux, passed by Republicans mostly as the vote record shows. Hell, Fox News was praising this piece of garbage today and hailing Bush as the great protector. While the President was signing, there was a sign on the table that said "Protecting America".

Alex Jones is looking more prescient by the day now.
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Re: RIP Habeas Corpus

Unread postby gego » Tue 17 Oct 2006, 16:50:03

$this->bbcode_second_pass_quote('emailking', 'H')ow does it erase the Bill of rights? I don't see anything about habeas corpus in the first 10 Ammendements. All I can find is that it is the result of a court order.


It is in the body of the Constitution itself, Article 1, section 9:
$this->bbcode_second_pass_quote('', '
')Section 9.

The Migration or Importation of such Persons as any of the States now existing shall think proper to admit, shall not be prohibited by the Congress prior to the Year one thousand eight hundred and eight, but a Tax or duty may be imposed on such Importation, not exceeding ten dollars for each Person.

The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.

No Bill of Attainder or ex post facto Law shall be passed.

No Capitation, or other direct, Tax shall be laid, unless in Proportion to the Census of Enumeration herein before directed to be taken.

No Tax or Duty shall be laid on Articles exported from any State.

No Preference shall be given by any Regulation of Commerce or Revenue to the Ports of one State over those of another: nor shall Vessels bound to, or from, one State, be obliged to enter, clear or pay Duties in another.

No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law; and a regular Statement and Account of the Receipts and Expenditures of all public Money shall be published from time to time.

No Title of Nobility shall be granted by the United States: And no Person holding any Office of Profit or Trust under them, shall, without the Consent of the Congress, accept of any present, Emolument, Office, or Title, of any kind whatever, from any King, Prince or foreign State.
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Re: RIP Habeas Corpus

Unread postby emailking » Tue 17 Oct 2006, 17:21:23

$this->bbcode_second_pass_quote('gego', '')$this->bbcode_second_pass_quote('emailking', 'H')ow does it erase the Bill of rights? I don't see anything about habeas corpus in the first 10 Ammendements. All I can find is that it is the result of a court order."

It is in the body of the Constitution itself, Article 1, section 9:


Ok. That's not the Bill of Rights though, which are the first 10 Ammendments.
Last edited by emailking on Tue 17 Oct 2006, 17:23:02, edited 1 time in total.
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Re: RIP Habeas Corpus

Unread postby AgentR » Tue 17 Oct 2006, 17:22:40

$this->bbcode_second_pass_quote('Roy', 'I')s there a rebellion or an invasion going on? I guess you could say yes, at least to the invasion. Although I suspect the framers didn't mean illegal immigrants, but foreign armies.


1) Large holes left in NY, DC, PA
2) OTM's anyone, especially Arab OTM's crossing the Southern border illegally.

Just because they are being slow and not wearing the uniform of the Islamic Empire doesn't imply that they are simply benign refugees looking for work.

That would be the argument. It is both factual and sufficient.
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Re: RIP Habeas Corpus

Unread postby emailking » Tue 17 Oct 2006, 17:25:19

$this->bbcode_second_pass_quote('AgentR', '
')
1) Large holes left in NY, DC, PA
2) OTM's anyone, especially Arab OTM's crossing the Southern border illegally.

Just because they are being slow and not wearing the uniform of the Islamic Empire doesn't imply that they are simply benign refugees looking for work.

That would be the argument. It is both factual and sufficient.


rwwf, I think it's pretty clear by "invasion" they meant something 1812-esque. A situation where immediate detention without questions asked may be necessary to maintain order and protect the survival of the country. This just does not qualify as an invasion to any reasonable person. Remember, the appropriate standard of application is the original intent.
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Re: RIP Habeas Corpus

Unread postby gego » Tue 17 Oct 2006, 17:35:44

$this->bbcode_second_pass_quote('emailking', '
')
Ok. That's not the Bill of Rights though, which are the first 10 Ammendments.


The idea that it erases most of the Bill of Rights is because when you are held in a "Gestapo" prison you cannot exercise your rights. If you are executed your rights expire. Clearly it has erased your right to trial by jury. Try free speach in prison; try owning a gun; try attending the church of your choice.
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Re: RIP Habeas Corpus

Unread postby Roy » Tue 17 Oct 2006, 17:36:47

$this->bbcode_second_pass_quote('', 'T')hat would be the argument. It is both factual and sufficient.


I guess it is, if you're one of the folks who thinks the MCA is piece of legislation that will protect America and supported its passage.

I view it as a power grab. We are not being invaded. If we were, what's going on in Baghdad right now would look like a picnic to the invaders. Americans know how to shoot, unlike Iraqis, based on the accounts I've heard and read of their marksmanship. And there's a lot more of us with firearms in terms of gross numbers.

I think its disgusting. I think it's despicable and as un-American as any piece of legislation could possibly be.

American in the sense of the nation envisioned by the Framers. Not W's and the Republican party's vision of America, the Homeland.

Thank you very much. :)
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Re: RIP Habeas Corpus

Unread postby AgentR » Tue 17 Oct 2006, 17:48:56

$this->bbcode_second_pass_quote('emailking', 'R')emember, the appropriate standard of application is the original intent.


I would love for the standard to be "original intent"; maybe this law will get the left to pick up that banner and build some precedents.

So far though, "originalism" has been quite derided by those that may now seek to use it.
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Re: RIP Habeas Corpus

Unread postby Roy » Wed 18 Oct 2006, 07:17:15

What the myopic supporters of the MCA don't seem to take into account is:

This law benefits them right now (in some obtruse way that I'm sure I could figure out if I watched Foxnews). But what if a D wins the presidency in 08, and decides to use it to round up people with firearms? Or people who are anti-gay? Or whatever goes against their liberal agenda?

The point is that the President and the SecDef decide what is an enemy combatant and what the apporpriate punishment is for that crime.

I feel this amount of power in the hands of two people goes against everything American. It would be supreme irony if that happened and said legislation backfired against those that supported it. Remeber that this law won't go away when W is living in exile in Paraguay.

I hope the Supreme Court has the intestinal fortitude to reject this piece of shit.
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