09-30-2006, 04:55 AM
(This post was last modified: 09-30-2006, 05:05 AM by Swiss Mercenary.)
Quote:Well, I'm pretty sure it will need to go to the Supreme's... There is mention in the section on limitations on Congress, but it is pretty clear that the purpose of this bill, and the Detainee Treatment Act falls into that "rebellion or invasion the public safety may require it" section. But, the lawyers will need to duke it out. It can be argued that foreign nationals (terrorist cells) infiltrating the US for purposes of flying planes into buildings could be considered a type of asymetrical invasion.
Well, then, in that case, this is a war that is never going to end. Might as well sign 'innocent until proven guilty' off permanently.
Quote:I think the reason that the writ can be suspended is to allow the government to insure that sources of the invasion or insurrection are contained. Otherwise, you could have a situation where the terrorists would use the writ as a shield to continue to attack.
The right to a fair trial is not there to 'coddle' terrorists, and does not waste courtroom time. It's there for innocents to be able to prove their innocence. If anyone is convinced that there is nothing wrong with throwing out legal proceedings, the rule of law, and the right to be judged by one's peers, then they might as well put their money where their mouths are, and get rid of the judges, and courtrooms. After all, if the government accuses someone of terrorism, they must be guilty, and all that legal mumbo-jumbo's a waste of taxpayer money.
Quote:and 2nd they would have a due process covered by the laws recently passed by Congress on "the process for detaining, questioning, treating, and prosecuting" terrorists and enemy combatants.
Somehow, I don't think that leaving them to rot in Cuba forever, with no charges, is the 'due process' of a speedy, fair, etc, trial.
...
I simply can't imagine how (at times) reasonable people like you and Occhi can even consider this kind of bull#$%& to be permitted in a free country.