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Justice Breyer: "This is Not a War"
Bizblogger ^ | 03/28/06 | Richie Rich

Posted on 03/28/2006 5:17:57 PM PST by Richie Rich

Interestingly, Supreme Court Justice Steven Breyer said the following:

"You want to try a war crime. You want to say this is a war crimes tribunal," Breyer said. "One, this is not a war, at least not an ordinary war. Two, it's not a war crime because that doesn't fall under international law. And three it's not a war crime tribunal or commission because (there is) no emergency."

So we are not at war - I wonder what our soldiers would have to say about that.

(Excerpt) Read more at bizblogger.blogspot.com ...


TOPICS: Government; Military/Veterans; Politics
KEYWORDS: breyer; hamdan; justice; notwar; rumsfeld; steven

1 posted on 03/28/2006 5:17:59 PM PST by Richie Rich
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To: Richie Rich

Breyer is senile.


2 posted on 03/28/2006 5:20:24 PM PST by muawiyah (-)
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To: muawiyah

He's a Clintonista. End of discussion.


3 posted on 03/28/2006 5:21:15 PM PST by Sister_T (Kenneth Blackwell for Governor of Ohio!)
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To: Richie Rich

I believe he said' not a war, at least not an ordinary one". I don't see what is wrong with what he said. He said it isn't an ordinary war(no uniformed combatants) and there is no basis for any war crime tribunals. Couldn't agree more.


4 posted on 03/28/2006 5:27:19 PM PST by satchmodog9 (Most people stand on the tracks and never even hear the train coming)
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To: Richie Rich

Well, the AUMF for Iraq certainly doesn't look much like a declaration of war; in fact, it looks more like a software licensing agreement (lots of fiddly subsections and goes on forever)!


5 posted on 03/28/2006 5:53:02 PM PST by Grut
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To: satchmodog9
And here you live in a state where your Constitution makes you part of the militia and you are looking for uniforms?

It's a war and has been one ever since that first plane turned left over my house (near the intersection of I495/I95/I395) and flew into the Pentagon.

Breyer is absolutely devoid of reasoning power to think otherwise.

6 posted on 03/28/2006 5:59:41 PM PST by muawiyah (-)
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To: muawiyah

He is defending Bush and the military against accusations of war crimes and tribunals. I was speaking of Arabs without uniforms. What the hell?


7 posted on 03/28/2006 6:03:59 PM PST by satchmodog9 (Most people stand on the tracks and never even hear the train coming)
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To: Grut
Look, the Constitution does not specify what the language must be for a declaration of war ~ and you guys have had over 200 years to get busy and think up something.

You'll just have to settle for what we got this last time.

Remember that you got people like Arlen Specter voting for it, and he was out there groveling before the Mexican mobs yesterday ~ definitely not a warrior type person in my book.

8 posted on 03/28/2006 6:07:13 PM PST by muawiyah (-)
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To: Richie Rich

Hey,Steve...why don't we just empty out Gitmo and have all the "guests" move in with you.I'll bet that they'll be happy to be with you,and even happier if they conclude that you're Jewish.


9 posted on 03/28/2006 6:13:12 PM PST by Gay State Conservative
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To: muawiyah

If you are fighting as part of a militia, be sure to have an identified chain of command, and wear an distinguishing uniform identifiable at a distance. Say a blue arm band.

If the militia is called out, there will be a sign up sheet. If you sign it, you will be in for the duration, but you will also be entitled to protections due prisoners of war (as if we would get into a shooting war with someone who would follow the Geneva Convention).

Though you are in the militia, you may not legally fight as a member of the militia unless you are signed up and part of a unit with a chain of command.


10 posted on 03/28/2006 6:42:44 PM PST by Donald Meaker (You don't drive a car looking through the rear view mirror, but you do practice politics that way.)
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To: Donald Meaker

Or on an airplane taken over by terrorists ~ but we digress ~ no sign-up sheets are needed and it's my country, not theirs.


11 posted on 03/28/2006 6:51:20 PM PST by muawiyah (-)
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To: Grut
Well, the AUMF for Iraq certainly doesn't look much like a declaration of war; in fact, it looks more like a software licensing agreement (lots of fiddly subsections and goes on forever)!

True. But that's how our Congress declares war nowadays. The Constitution doesn't say how the Congress must phrase its declaration. If Congress wants to act like a bunch of passive-aggressive cowards - and they have, since Vietnam - then Congress can go ahead and declare war that way.

But it's still a declaration of war.

12 posted on 03/28/2006 9:15:24 PM PST by Dr. Frank fan
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To: satchmodog9
I believe he said' not a war, at least not an ordinary one". I don't see what is wrong with what he said.

What's wrong is that there's no such category as "not ordinary wars" and "ordinary wars". It is either a war or it is not. And the answer is: it is.

He said it isn't an ordinary war(no uniformed combatants)

He might have meant many things by "ordinary war" but I doubt very much that he was thinking specifically about whether all of the combatants were uniformed.

And a slight correction: there are no uniformed combatants among the enemy. On our side it's all uniformed combatants.

there is no basis for any war crime tribunals. Couldn't agree more.

Why is there no basis? You haven't explained and nothing you've said supports that.

13 posted on 03/28/2006 9:19:34 PM PST by Dr. Frank fan
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To: Dr. Frank fan
But it's still a declaration of war.

It's more a declaration to the President that 'you can go to war if you want to, but don't involve us'.

14 posted on 03/29/2006 3:45:57 AM PST by Grut
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To: Dr. Frank fan
Breyers words are summing up the government position.
15 posted on 03/29/2006 6:48:44 AM PST by satchmodog9 (Most people stand on the tracks and never even hear the train coming)
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