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Judges Say U.S. Can't Hold Man as 'Combatant' »

Posted by: santa0 1 year, 2 months ago

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The federal appeals court in Richmond, Va., ruled yesterday that the president may not declare civilians in this country to be "enemy combatants" and have the military hold them indefinitely.

Read Full Story at nytimes.com

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Comments So Far: 29
  • 17%
    santa01 year, 2 months ago

    six years later. what happened to the right to a speedy trial?

    nice to see the courts comnig to their senses... would hate to see the gestapo of a supreme court he has set up over turn this... though i would love to see what antonin scalia's excuse for doing so would be.

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    • 100%
      jovial1 year, 2 months ago

      The Republican Congress. That's the problem. They let the President rule the country without question. Putting in unqualified judges and unqualified cabinet leaders. The Republican Congress and Senate was to busy revelling in their new power to make Democrats eat crow, to realize they were hoodwinked as well.

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    • 0%
      gamahuche1 year, 2 months ago

      "But the military cannot hold him, Judge Motz wrote. "The president cannot eliminate," she wrote, "constitutional protections with the stroke of a pen by proclaiming a civilian, even a criminal civilian, an enemy combatant subject to indefinite military detention."

      Finally someone has the guts to stand up to the constant attacks on the Constitution by this president.

      Its also important to continue to presume innocence until guilt is proved.

      Even to suggest that he's "probably" guilty before any real evidence is heard is to accept inference that has not been verified. This also undermines the rule of law.

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  • 100%
    foksipayne1 year, 2 months ago

    First,I'd like to say I hope this man wasn't a actual terrorist. But I am glad to see it and hope the ruling will apply to the rest of us if it should come to that.

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    • 0%
      santa01 year, 2 months ago

      well i hope that noone is an actual terrorist...

      and im not an idiot. if they were holding this guy for tht long he probably IS an actual terrorist...

      but its of absolute importance that we hold him on trial. convict him. THEN send him to jail somewhere where the guards will look the other way while people who can REALLY do some damage get to work.

      all denying him due process does is ****** on our constitution, which if bush is right and they DO hate our freedom, is EXACTLY what a terrorist wants.

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      • 100%
        jovial1 year, 2 months ago

        That's the problem. The Democrat's are afraid to be associated with, or called a terrorist sympathizer. So they vote against their true beliefs to passify right wing extremist's. It doesn't matter whether a person is a terrorist or not, justice cannnot be denied any man. If they are terrorists let it be proven and judgement passed. If they are not let them free. Let justice reign.

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        • 100%
          ETproductions1 year, 2 months ago

          If he is an actual terrorist, then it shouldn't be too much to ask of the government that they charge him as such, bring forth the evidence, try and convict him as such.

          Locking up people on vague suspicions and hearsay evidence provided by people trying to save their own skins is NOT the American way, and sets aside judicial precedents built since the Magna Carta was issued in 1215.

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        • 50%
          Radiofreeeuropa1 year, 2 months ago

          "We refuse to recognize a claim to power," Judge Motz added, "that would so alter the constitutional foundations of our republic."

          Better late than never.

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          1 Reply

          • 42%
            MikeFromCanada1 year, 2 months ago

            I'm glad to see the courts finally grew a pair. However I'm getting a vision of two judges being replaced.

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          • 100%
            jordan111 year, 2 months ago

            Boy, is it just me, or is it taking an awfully LONG time to get these Constitutional issues resolved? So now we'll see what kind of a Supreme Court we've got.

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            • 100%
              santa01 year, 2 months ago

              of course its taking a long time. bush rove and gonzoles hijacked the FBI and the courts.

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          • 100%
            tkyrchncs1 year, 2 months ago

            FINALLY! Why is it always the judiciary that has to be the brave defenders of our rights? The people who established these rights were legislators and executives. Why do their successors try so hard to deny our constitutional liberties? Are not ALL federal officers sworn to uphold the constitution? Where in the world did this president get the idea that it is ok to arrest people and hold them incommunicado indefinitely? Was he born and educated in the same nation as I was?

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            • 67%
              gamahuche1 year, 2 months ago

              "Was he born and educated in the same nation as I was?!

              There are 3 possible answers to that.

              Yes, no or maybe..

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          • 100%
            ciera-marie1 year, 2 months ago

            YES! Finally. These judges are heroes.

            Thanks Santa for posting this.

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            • 100%
              aniokly1 year, 2 months ago

              Of course he is a Terrorist. We should not take prisoners if they are going to be released to kill again. Several prisoners we held at Gitmo have been release, and went right back to war. The secoind time we found they they died at the scene.

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              • 100%
                HannibalBarca1 year, 2 months ago

                After six years in prison the courts haven't determined if this man is a terrorist as he has not had his day in court but you have already found him guilty and you haven't even talked to him, doesn't this bother you on Sunday morning after church when you get together with your Pastor for coffee?

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                • 33%
                  Candida1 year, 2 months ago

                  aniokly: "The secoind time we found they they died at the scene."

                  Who were they? Were you there when they died at the scene?

                  Reply
                  • 100%
                    discoverer11 year, 2 months ago

                    What happened to innocent until proven guilty? Are you so ready to give up that right and let that creeping loss of rights work its way up to your level?

                    Reply
                  • 100%
                    jordan111 year, 2 months ago

                    Oh oh. Here's how this plays out; There are 13 judges on this court. Nine were appointed by Reagan, Nixon, & bush the first. Four were appointed by democratic Presidents. Two of the three judge panel that heard this case were appointed by Clinton. They are the one's who ruled against denial of Habeas Corpus. The third was one of the conservative appointees, and voted for denial. NOW they are trying to reconvene the court, and allow ALL of the judges to decide this, according to Thom Hartmann.

                    This is the same court which ruled against Padilla, & were overturned by the Supreme Court.

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                    • 100%
                      Candida1 year, 2 months ago

                      This is really sad. I've been hoping that sanity would be returning slowly.

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                    • 0%
                      discoverer11 year, 2 months ago

                      It's getting easier to imagine a time when we will be at risk for discussing our dissent with the Bush administrations goals to eliminating our rights to challenge their decisions. Meanst while the corporations get the benefits of being an individual yet do not have to pay for violating the laws, like stealing from the public (Halliburton) or selling Addictive drugs to the public while lying to them about the potency, and murdering innocent people without consequence such as Blackwater does in Iraq on a regular basis. People without incredible wealth will be silenced and punished for small crimes or the suspicion of being a threat to the government while the rich are immune from prosecution by a justice system that is totally politicized. Much of this has come to pass, the rest is at our doorstep. What will it take to trigger a massive reaction from the public? Will we dare go to the rallys without wearing a mask? These are indeed sad and scary times.

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                      • 0%
                        evelyna1 year, 2 months ago

                        Who made up the name enemy combatant? Here are a few more-conspirast theorist in foreplay, pre-criminal intentions, firearm fantasy. All they have to do is make up a name even before a crime is committed.

                        The court system and prisons will be flooded with people who will spend 5 years and more waiting for a trial.

                        Reply

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                        santa0

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