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Originally posted by WhatTheory
Originally posted by ravenshadow13
Given the fact that we've wrongfully accused innocent people of being terrorists, and after all this Guantanamo nonsense... I'm going to go ahead as token liberal to say- this is a good idea.
You are acting like a typical liberal. You react and make decisions based on emotion instead of logic and the law. This is not a good trait.
And our rights, are "INALIENABLE" which means they don't have a border... they are given to us by the creator... that's it.
No... the constitution does not simply apply to it's citizens... it applies to mankind... How does that go again.. "We hold these truths to be self evident, that ALL MEN ARE CREATED EQUAL AND ENDOWED WITH CERTAIN INALIENABLE RIGHTS"
The November 13, 2001 Presidential Military Order purported to give the President of the United States the power to detain non-citizens suspected of connection to terrorists or terrorism as enemy combatants. As such, that person could be held indefinitely, without charges being filed against him or her, without a court hearing, and without legal counsel. Many legal and constitutional scholars contended that these provisions were in direct opposition to habeas corpus, and the United States Bill of Rights.
In Hamdi v. Rumsfeld, 542 U.S. 507 (2004), re-confirmed the right of United States citizens to habeas corpus even when declared an enemy combatant. The Court affirmed the basic principle that habeas corpus of a citizen could not be revoked.
In Hamdan v. Rumsfeld, 548 U.S. 557 (2006), Salim Ahmed Hamdan petitioned for a writ of habeas corpus, challenging that the military commissions set up by the Bush administration to try detainees at Guantanamo Bay "violate both the UCMJ and the four Geneva Conventions." In a 5-3 ruling the Court rejected Congress's attempts to strip the court of jurisdiction over habeas corpus appeals by detainees at Guantánamo Bay. Though Congress had previously passed the Department of Defense Appropriations Act, 2006 which stated in Section 1005(e), "Procedures for Status Review of Detainees Outside the United States.":
"(1) Except as provided in section 1005 of the Detainee Treatment Act of 2005, no court, justice, or judge shall have jurisdiction to hear or consider an application for a writ of habeas corpus filed by or on behalf of an alien detained by the Department of Defense at Guantanamo Bay, Cuba.
(2)The jurisdiction of the United States Court of Appeals for the District of Columbia Circuit on any claims with respect to an alien under this paragraph shall be limited to the consideration of whether the status determination ... was consistent with the standards and procedures specified by the Secretary of Defense for Combatant Status Review Tribunals (including the requirement that the conclusion of the Tribunal be supported by a preponderance of the evidence and allowing a rebuttable presumption in favor of the Government's evidence), and to the extent the Constitution and laws of the United States are applicable, whether the use of such standards and procedures to make the determination is consistent with the Constitution and laws of the United States."
On 29 September 2006, the U.S. House and Senate approved the Military Commissions Act of 2006, a bill which suspended habeas corpus for any alien determined to be an "unlawful enemy combatant engaged in hostilities or having supported hostilities against the United States"[2][3] by a vote of 65-34. (This was the result on the bill to approve the military trials for detainees; an amendment to remove the suspension of habeas corpus failed 48-51.[4]) President Bush signed the Military Commissons Act of 2006 into law on October 17, 2006.
With the MCA's passage, the law altered the language from "alien detained ... at Guantanamo Bay":
"Except as provided in section 1005 of the Detainee Treatment Act of 2005, no court, justice, or judge shall have jurisdiction to hear or consider an application for a writ of habeas corpus filed by or on behalf of an alien detained by the United States who has been determined by the United States to have been properly detained as an enemy combatant or is awaiting such determination." §1005(e)(1), 119 Stat. 2742.
The Supreme Court of the United States ruled in Boumediene v. Bush that the MCA constituted an unconstitutional encroachment of Habeas Corpus rights, and established jurisdiction for federal courts to hear petitions for habeas corpus from Guantanamo detainees tried under the Act.[5]
Under the MCA, the law restricted habeas appeals for only those aliens detained as enemy combatants, or awaiting such determination. Left unchanged was the provision that, after such determination is made, it is subject to appeal in U.S. Court, including a review of whether the evidence warrants the determination. If the status was upheld, then their imprisonment was deemed lawful; if not, then the government could change the prisoner's status to something else, at which point the habeas restrictions no longer applied.
Wikinews has related news: President Bush signed into law the Military Commissions Act of 2006
There is, however, no legal time limit which would force the government to provide a Combatant Status Review Tribunal hearing. Prisoners were, but are no longer, legally prohibited from petitioning any court for any reason before a CSRT hearing takes place.
In January 2007, Attorney General Alberto Gonzales told the Senate Judiciary Committee that in his opinion: "There is no express grant of habeas in the Constitution. There's a prohibition against taking it away." He was challenged by Sen. Arlen Specter who asked him to explain how it is possible to prohibit something from being taken away, without first being granted.[6]
As Robert Parry writes in the Baltimore Chronicle & Sentinel:
“ Applying Gonzales’s reasoning, one could argue that the First Amendment doesn’t explicitly say Americans have the right to worship as they choose, speak as they wish or assemble peacefully.
Ironically, Gonzales may be wrong in another way about the lack of specificity in the Constitution’s granting of habeas corpus rights. Many of the legal features attributed to habeas corpus are delineated in a positive way in the Sixth Amendment...[7]
”
The Department of Justice has taken the position in litigation that the Military Commissions Act of 2006 does not amount to a suspension of the writ of habeas corpus. The U.S. Court of Appeals for the D.C. Circuit agreed in a 2-1 decision, on February 20, 2007,[8] which the U.S. Supreme Court initially declined to review. The U.S. Supreme Court then reversed its decision to deny review and took up the case in June 2007. In June 2008, the court ruled 5-4 that that the act did suspend habeas and found it unconstitutional.[9]
en.wikipedia.org...
Originally posted by reluctantpawn
But most of all remember that now according to DHS many here are now considered terrorists. Does this make some of you think twice? maybe it should.
Hasto...here is a friendly break-down of the CONSTITUTIONALITY of imprisoning federal/international persons deemed terrorists. In short, the Supreme Court found it to be UNCONSITUTIONAL.
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
To date, there has been at least one confirmed case in which non-American civilians have been incorrectly classified as enemy combatants.[15]
On June 7, 2007, the Habeas Corpus Restoration Act of 2007 was approved by the Senate Judiciary Committee with an 11-8 vote split along party lines, with all but one Republican voting against it.[16] Although the Act would restore statutory habeas corpus to enemy combatants, it would not overturn the provisions of the AEDPA which set a statute of limitations on habeas corpus claims from ordinary civilian federal and state prisoners.[citation needed]
On June 11, 2007, a federal appeals court ruled that Ali Saleh Kahlah al-Marri, a legal resident of the United States, could not be detained indefinitely without charge. In a two-to-one ruling by the Fourth Circuit Court of Appeals, the Court held the President of the United States lacks legal authority to detain al-Marri without charge; all three judges ruled that al-Marri is entitled to traditional habeas corpus protections which give him the right to challenge his detainment in a U.S. Court.
On June 12, 2008, the United States Supreme Court ruled 5-4 in Boumediene v. Bush that terror suspects detained by the United States in Guantanamo Bay detainment camp have the right to seek a writ of habeas corpus in US Federal Court.[17]
In July 2008, the Richmond-based 4th Circuit Court rules: "if properly designated an enemy combatant pursuant to the legal authority of the President, such persons may be detained without charge or criminal proceedings for the duration of the relevant hosilities."[18]
On October 7, 2008, US District Court judge Ricardo M. Urbina ruled that 17 Uyghurs, Muslims from China's northwestern Xinjiang region, must be brought to appear in his court in Washington, DC, three days later: "Because the Constitution prohibits indefinite detentions without cause, the continued detention is unlawful." [19]
On January 21, 2009, US President Barack Obama issued an executive order regarding the Guantanamo Bay Naval Base and the individuals held there. This order asserted that "[they] have the constitutional privilege of the writ of habeas corpus". [20]
en.wikipedia.org...
Our laws are based on legal precedent.
Originally posted by rcwj75
Originally posted by The Last Man on Earth
Wow, its amazing how many savage barbarians have posted on this thread.
Oh so we are barbarians for wanting to punish those for doing violent acts, and do whats needed to NOT become victims of their actions??? wow
Originally posted by MOFreemason....
So...President Obama is playing WITHIN our legal system and will afford them a Miranda right. By doing so, we can actually enter them into our US legal system and try/convict them for their crimes against the United States. As you've indicated, we "know" they are guilty of their crimes. But, we haven't tried these high-level detainees. This is scary and un-American, as soon it could be American domestric "terrorists" following the same suit. No charges, no trial. It's a scary idea.
Here is some recent legal renderings that led to the decision to ultimately close down Guantanamo and then begin giving other detainees Miranda rights. The end goal--charge and try them as actual criminals.
Originally posted by WhatTheory
Originally posted by ravenshadow13
Given the fact that we've wrongfully accused innocent people of being terrorists, and after all this Guantanamo nonsense... I'm going to go ahead as token liberal to say- this is a good idea.
You are acting like a typical liberal. You react and make decisions based on emotion instead of logic and the law. This is not a good trait.
What's the point of having a U.S. Constitution for Americans if we are going to apply it to everyone? Might as well rip it up.
What does miranda rights have to do with Guantanamo and your wrong opinion of having wrongfully accused innocent terrorists? Answer: Nothing!
Originally posted by debz325
I think if they release those pictures than they should play the videos of those TERRORISTS chopping off the heads of Americans.Just for perspective.
Originally posted by miasria
so where does one draw the line regarding who should and shouldn't receive the miranda right?