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Obama unconstitutionally used U.S. military to kill teenage U.S. citizen who was born in Denver
wordpress ^ | February 5, 2013 | Dan from Squirrel Hill

Posted on 02/05/2013 8:50:19 PM PST by grundle

Obama unconstitutionally used U.S. military to kill teenage U.S. citizen who was born in Denver

The U.S. Constitution prohibits the government from killing U.S. citizens without due process. This means that they must first be arrested, charged, tried, and convicted before being executed.

Obama violated this when he used the U.S. military to kill a teenage U.S. citizen who was born in Denver. Obama also killed two other U.S. citizens without due process.

If Bush had done this, the “anti-war” protestors would have been livid. But since they were actually “anti-Bush” protestors and not “anti-war” protestors, they don’t seem to care that Obama did this.

NBC News reports:

Of the scores of people dubbed terrorists and taken out by American military drone strikes, three men — all killed in the fall of 2011 — were U.S. citizens.

But the most controversial drone strike took place on Oct. 14, 2011, when 16-year-old Abdulrahman was killed by U.S. forces.

Family of the Denver-born teenager say he had no ties to terrorist organizations and was unjustly targeted because of his father.



TOPICS: Miscellaneous
KEYWORDS: obama

1 posted on 02/05/2013 8:50:25 PM PST by grundle
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To: grundle

This White House is EVIL. If they can do this to Americans overseas, they can do it to Americans here in this country. They do not need reasons. There is no Due Process. They have no respect for the Constitution.

Where do we draw the line?


2 posted on 02/05/2013 8:55:36 PM PST by GGpaX4DumpedTea (I am a Tea Party descendant...steeped in the Constitutional Republic given to us by the Founders.)
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To: grundle

The accusations are utterly false. The U.S. Constitution explicitly authorizes the use of military force against U.S. Citizens engaged in belligerenciees as a member of hostile enemies.


3 posted on 02/05/2013 8:58:47 PM PST by WhiskeyX
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To: grundle

During the Civil War, when Northern Soldiers killed Confederate Soldiers, were the latter considered American Citizens or not?


4 posted on 02/05/2013 9:01:31 PM PST by SeekAndFind
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To: GGpaX4DumpedTea

“Where do we draw the line?”

I guess you draw the line when your join the glorious jihad and engage in terrorism against the infidels.


5 posted on 02/05/2013 9:02:28 PM PST by sagar
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To: grundle

What were the specifics of the kill? Was he in the company of known terrorists?

I have no desire to excuse Bammy for anything, but would like to know more.

That being said, if an American, be it Johnny Taliban, etc. is operating with known islamic terrorists off U.S. soil, I don’t worry too much if they’re taken out.

On the flip side, it’s disgusting they’re letting Khaled Sheik Mohammed be put on trial. He should have been taken out and forgotten, long, long ago.

And back on topic, where is Code Pink, etc.?

Oh yeah, they only hated Bush when he was taking out terrorists.


6 posted on 02/05/2013 9:03:48 PM PST by F15Eagle (1 John 5:4-5, 4:15, 5:13; John 3:17-18, 6:69, 11:25, 14:6, 20:31; Rom10:8-11; 1 Tim 2:5; Titus 3:4-5)
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To: grundle

Let’s put it this way... If Abdulrahman REALLY ( emphasis ) had no ties to terrorists and terrorist organizations, his family has basis for suing the government.

Simple justice tells us that our government cannot do this.

That is of course, up to the courts to decide based on evidence presented.

The question however is this — WHAT IF, Like Al-Awlaki, Abdulrahman DID help terrorists? Would it be illegal for the US government to target him?


7 posted on 02/05/2013 9:05:02 PM PST by SeekAndFind
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To: GGpaX4DumpedTea

Making false argguments plays into the hands of the Obama Administration and its Marxist allies. The Constitution explicitly authorizes military action against U.S. Citizens engaging in belligerant acts against the U.S. Government and/or its allies. The Constitution bases this authority upon some of the earliest forms of the laws of war dating back many millenia.


8 posted on 02/05/2013 9:05:21 PM PST by WhiskeyX
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To: sagar

BINGO!


9 posted on 02/05/2013 9:13:19 PM PST by Michael.SF. (Obama lied, Stevens died.)
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To: SeekAndFind

During the War of 1812, the United States Navy engaged a number of British warships and merchant ships in combat. Aboard these British ships were a number of U.S. Citizens, natural born and naturalized, who had been forcibly impressed into British service. A number of these U.S. Citizens invluntarily and voluntarily serving with the British were killed and wounded in these naval engagements. Are we to understand that you are now arguing that the families of these U.S. Citizens in service with the British were killed and wounded in violation of the U.S. Constitution, and perhaps their families even now are entitledd to compensatory damages?


10 posted on 02/05/2013 9:15:00 PM PST by WhiskeyX
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To: WhiskeyX

What you say is all well and good...so, they declare your guns against the law, you have guns, do not turn them in...drone you into eternity...still ok with that?

It is not up to the President nor the Attorney General to decide what is ok...must be from Congress. Then, if need be, it must be by the Supreme Court. And finally, it must be by ‘We The People.’


11 posted on 02/05/2013 9:22:43 PM PST by GGpaX4DumpedTea (I am a Tea Party descendant...steeped in the Constitutional Republic given to us by the Founders.)
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To: GGpaX4DumpedTea

when Obama kills republicans for disagreeing with him.


12 posted on 02/05/2013 9:40:40 PM PST by RC one (.From My Cold Dead Hands.)
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To: GGpaX4DumpedTea

You are conflating differeent issues together and end up misrepreseenting the situation, all in a failed effort to make the situation appear to conform to you desires. This is the same kind of argumentative tactic used by the Liberals, and it is fails for the same reasons their arguments fail.

The Founding Fathers had grave misgivings about standing armies for a plethora of good reasons. They understood the general principle that any tool can like a rifle be used for greeat good or great evil. Which usage was dependent upon the wills of the men wielding the instrument. In response, they eestablished a number of checks and balances to forestall or at least impede the misuse of military forces which were also needed for the safety and good of the communities. Since these chaecks and balances were put in place by the Founding Fathers, their successors havee been busily removing many of thosee most important checks and balances, such as the state mililtia participation and grand jury indictments absent prosecutor endorseemeents and approvals. Consequently, the Constitutional authorizations to use military force against U.S. Citizens are no longer as constrained as when they were adopted with the U.S. Constitution.

Denials of the existing and past authorizations to use military force against U.S. citizens in domestic and foreign conflicts misinforms thee debate and obstructs the ability to restore the necessary checks and balances without disarming the military and its good and neeful purposes.

Congres did decide the military could be used against U.S. citizens and foreign citizens eengaged in belligerant actions against the United States and its citizens and allies. It is now up to us to see that the authorization is used as it should be.


13 posted on 02/05/2013 9:47:58 PM PST by WhiskeyX
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To: grundle

Is there any particular reason I should give a crap about some teenager who was killed in a drone strike while hanging out with dad and his jihadi buddies in Yemen?


14 posted on 02/05/2013 9:52:44 PM PST by Rightwing Conspiratr1
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To: GGpaX4DumpedTea

In addition to the U.S. Constitution saying military force can be used against U.S. Citizens, it also says the right to keep and bear arms is not to be infringed. Nonetheless a succession of Federal Administrations, Congresses, and members of the Supreme court of the United States have abrogated the Constitution and Second Amendment. They could have acted in a Constitutional manner to perfect the Second amendment or repeal the Seond amendmeent altogether, but they did not knowing full well they could not garner the voted in congress and the state legislatures to ratify such a measure. instead, they subverted the Second Amendment, the Constitution, and the commonlaw rights of self defense extant since time immemorial.

The question is what you and other will do about it, pursue a Marxist fantasy argument or grapple with reality without destroying the original purpose of the military in a free society?


15 posted on 02/05/2013 9:55:23 PM PST by WhiskeyX
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To: WhiskeyX

Please tell me where it says that in the Constitution.

Article III, section 3, clauses 1 and 2 specifically speaks to how those citizens enraged in treason against the US should be handled and it’s through a legal process. Here is what it says:

Treason against the United States, shall consist only in levying war against them, or in adhering to their enemies, giving them aid and comfort. No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or on confession in open court.

The Congress shall have power to declare the punishment of treason, but no attainder of treason shall work corruption of blood, or forfeiture except during the life of the person attainted.


16 posted on 02/05/2013 10:33:39 PM PST by rangerwife
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To: rangerwife

Engaged in treason that is.


17 posted on 02/05/2013 10:34:57 PM PST by rangerwife
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To: WhiskeyX

And by the way, I read the memo, the Obama administration couldn’t directly pinpoint cite (you know, where it says it’s ok) to the Constitution the ability to use military force against US citizens, because it’s not there. If it was, it wouldn’t take 16 pages to do so.


18 posted on 02/05/2013 10:50:17 PM PST by rangerwife
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To: WhiskeyX

And by the way, I read the memo, the Obama administration couldn’t directly pinpoint cite (you know, where it says it’s ok) to the Constitution the ability to use military force against US citizens, because it’s not there. If it was, it wouldn’t take 16 pages to do so.


19 posted on 02/05/2013 10:50:22 PM PST by rangerwife
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To: WhiskeyX

And by the way, I read the memo, the Obama administration couldn’t directly pinpoint cite (you know, where it says it’s ok) to the Constitution the ability to use military force against US citizens, because it’s not there. If it was, it wouldn’t take 16 pages to do so.


20 posted on 02/05/2013 10:50:30 PM PST by rangerwife
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To: WhiskeyX

And by the way, I read the memo, the Obama administration couldn’t directly pinpoint cite (you know, where it says it’s ok) to the Constitution the ability to use military force against US citizens, because it’s not there. If it was, it wouldn’t take 16 pages to do so.


21 posted on 02/05/2013 10:50:42 PM PST by rangerwife
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To: WhiskeyX; SeekAndFind
The question however is this — WHAT IF, Like Al-Awlaki, Abdulrahman DID help terrorists? Would it be illegal for the US government to target him?

In a word; yes.

Remember that the 4th Amendment guarantees your right to due process. The government must prove that a person has committed a capital before a jury before taking their life.

The War of 1812 is certainly a different case entirely. First the US Navy was not sent out to specifically target US citizens impressed in to the British Navy. Secondly in a navel battle there would be no practical way to single out US citizens from British subjects all dressed in the same uniform.

Cdertainly Abdulrahman was a traitor to his country but he was still entitled to his constitutional rights and Obama and his administration are guilty of failing to uphold the constitution and should be tried for murder.

22 posted on 02/05/2013 10:53:34 PM PST by Pontiac (The welfare state must fail because it is contrary to human nature and diminishes the human spirit.)
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To: grundle

I am not sure that citizens in a war zone outside our borders can expect due process.

We can hardly set up a judge and jury system over there. It would require, among other things, that the suspected traitor be rendered out somehow, risking the lives of our troops.

If they are within U.S. borders, it’s a different story. But a war zone outside the U.S.? I think you take the risk, you take your chances. Otherwise how can we possibly wage war?

As for the 16 year old, I think his blood is on his parents or guardians’ hands, unless he had run off, in which case it’s on his own.


23 posted on 02/05/2013 10:55:35 PM PST by Persevero (Homeschooling for Excellence since 1992)
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To: rangerwife

Article. I. Section. 8. The Congress shall have Power...To define and punish Piracies and Felonies committed on
the high Seas, and Offences against the Law of Nations; To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;...To make Rules for the Government and Regulation of the land and naval Forces; To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions; To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress;...To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof..... The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases or Rebellion or Invasion the public Safety may require it.

Article. II. Section. 2. The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States;....

Note: the offense of treason is apart from the laws of war and the laws of nations.


24 posted on 02/05/2013 11:38:30 PM PST by WhiskeyX
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To: Pontiac

I’m sorry if my response is going to be regarded as offensive, but you comment is utter nonsense.

On a battlefield, when a soldier disobeys a command, a superior officer or superior non-commissioned officer may immediately execute the soldieer for disobedience of the order. Likewise under martial law (military) law there are many exigent circumstances in which an officer or non-commissioned officer may or else is obligated to shoot or otherwise execute an armed or even an unarmed civilian without benefit of a military tribunal or a civilian tribunal. There were and likely still are a multitude of exigent circumstances in which the Congress and the president and Commander-in-Chief have the Power to “punish Piracies and Felonies committed on the high Seas, and Offences against the Law of Nations...suppress Insurrections and repel Invasions....”

Your argument repeats the same ludicrous argument used by the Liberals, which falsely conflates other offenses with the right of trial in cases of treason. Just becausee a government, any government, is inable to bring a person to trial and meet the burdens required to obtain a conviction for treason does nothing whatsoever to change the power to engage the person in combat and kill them in accordance with the laws of war, the law of nations, and the laws regarding piracy and brigandage. The Liberals use the laws regarding treason as a red herring arguement to distract attention away from the other applicable laws which permit a government to engage citizens engaging in an armed belligerency, whether lawfully or unlawfully.

Your accusations of murder in this instance are totally without merit and exceedingly offensive. If you want to talk about the Obama dea pool, on the other hand, you might find something legitimate for a change.


25 posted on 02/06/2013 12:02:12 AM PST by WhiskeyX
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To: rangerwife

As you noticed, the Constitution was never intended to be a substitute for the U.S. Code of federal laws. The Constitution explicitly enumerated the Power of the legislature, Congress, to define the rules, laws, and punishments for a variety of offenses which involved thee uArticle. I. Section. 8. The Congress shall have Power...To define and punish Piracies and Felonies committed on
the high Seas, and Offences against the Law of Nations; To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;...To make Rules for the Government and Regulation of the land and naval Forces; To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions; To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress;...To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof..... The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases or Rebellion or Invasion the public Safety may require it.

Article. II. Section. 2. The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States;.... se of military force.

The above wording in the Constitution was based upon in part the laws of war and peace and the law of nations, most of which was more customary law than it was any form of legal code at the time the Constitution was adopted. This is why Article I, Section 8 enumerated the Power of Congress to elaborate on such rules, laws, and punishments. The authors of the Constitution in particular were well acquainted with the laws regarding piracy, brigandage, and engaging in war without authorization and commission by a sovereign. In the time of the Romans and earlier to the 18th Century adoption of the Constitution, a pirate or brigand was subject to enslavement or immediate execution by anyone, military or civilian, at any time, peace or war. This was the basis upon which pirates could be hanged from the highest yardarm of a warship or merchant ship with or without a court naval or military tribunal of any kind.

For a variety of reasons, the legal profession has been making it more and more difficult to actually implement such draconian punishments upon pirates and brigands; whether or not such punishments can be regarded as good, bad, or indifferent. In doing so without reegard for the practical military and civil consequences, the legal profession has creeated a bizarre contradiction in terms in its own laws and their historical precedents. In much the same way as Liberals havee trid to eviscerate the Constitution by successive in fringements and abrogations without amendments, so too have the laws of war and law of nations been severely warped out the bounds of reeason. The con game being played with the conflation of treason with the other offensees not requiring the protections afforded to treason is yeet another of these circumventing tactics, like a con man attempting to distract the audience with magic tricks to hide the true aims of the confidence game.


26 posted on 02/06/2013 12:22:44 AM PST by WhiskeyX
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To: WhiskeyX
Danger, there are straw men all over. The ALCU is attempting to use the boy, which there is no information other than how he was killed. They then change to his father.. There are so many laws of nations and agreements here that you can talk USC: and they are talking about a letter of understanding.
27 posted on 02/06/2013 2:26:01 AM PST by Domangart
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To: WhiskeyX; Pontiac; rangerwife
Article I Section 9 Clause 3:

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

In the time honored tradition of classic despots, Hussein is unconstitutionally attainting American citizens.

28 posted on 02/06/2013 2:27:59 AM PST by Jacquerie ("How few were left who had seen the republic!" - Tacitus, The Annals)
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To: Domangart

They are taking advantage of the widespread ignorance about the Law of War and the Law of Nations. The legal profession has long been both an unreasonable interference in the military arts and at the same time an unrerasonable abuser of individual rights in the military role of judge advocate. Matters are not helped at all when you take lawyers already predisposed to irrational Leftis ideologies, and then you have to deal with their gross ignorance of this subject matter and its historical underpinnings.

Like the Seeond Amendment debates, however, the laws regarding combat by person not commissioned or enlisted in service to a sovereign are subject to misrepresentation and re-writing by organizations such as the ACLU.


29 posted on 02/06/2013 2:57:51 AM PST by WhiskeyX
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To: Jacquerie

The Bill of Attainder prohibition is not applicable to laws that have been around long before this incident occurred and even before the Constitution was written and adopted. Simply put, a person who wages war and/or associates with an organization waging war without the commission of a sovereign power is de facto guilty of a capitol offense under the Law of Nations and the Laws of War, and they are deniedd the protections of law.


30 posted on 02/06/2013 3:04:19 AM PST by WhiskeyX
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To: WhiskeyX
The Bill of Attainder prohibition is not applicable to laws that have been around long before this incident occurred and even before the Constitution was written and adopted. Huh?

Simply put, you don't know what you are talking about.

We had just fought a war for our survival and bills of attainder had been used. Attainder laws were thus well known and discussed at length at the Constitutional Convention and the Virginia Ratifying Convention. Our Framers feared such power in the hands of evil men and denied it to our federal and state governments.

For Hussein to decide what constitutes a capital offense (make law), decide who shall be killed (serve as judge and jury), and then execute his one man law, is a gross violation of separation of powers denied him by our Constitution in the attainder prohibition.

31 posted on 02/06/2013 3:26:37 AM PST by Jacquerie ("How few were left who had seen the republic!" - Tacitus, The Annals)
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To: grundle

This is no different than a U.S. GI switching sides and deciding to fight for the Nazis in Europe. Once he’s made that allegiance he’s an enemy and fair game........


32 posted on 02/06/2013 3:33:11 AM PST by Hot Tabasco (Jab her with a harpoon or just throw her from the train......)
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To: Jacquerie

Of course they did so, but that still does not apply to the age old laws of war with respect to civilians engaging in combat and combat intelligence activities without a commission from a sovereign to do so. The British tended to treat captured Americans during the Revolutionary War as rebels, insurrectionists, and traitors to a great degree; but the surrenders of so many British troops and American Tories induced the British authorities to moderate these policies to some extent andd treat the American captives moer as cpatureed prisoners of war and enemy detainees under the Laws of War. This british change of policy in certain occcasions was based upon the theory that the captives weree in the commissioned service of the rebellious legislatures exercising their limited sovereignty as colonial legislatures.

A roman commander waged war upon a Celtic tribe in Northern Italy, with whom the Republic of Rome had an ongoing truce or peace treaty, i don’t remeber which. The Celts seent an emissary to the Roman Senate to sue for the breach of the peace, and they demanded the surrender of the Roman commander for his violations of Roman law by engaging in war without consent of the Roman Senate. The Roman justice found the Roman commander guilty and surrendered him to the Ceelts for punishment.

In another case, a young julius Ceasar was captured and held for ransom by Illyrian pirates. He eventually negotiated for his releease by the payment of the ransom. The terms of the agreement with the pirates requireed Ceasar to agree to not retaliate against the pirates for his ransom. After the pirates released Ceasar, he returned with the Roman army and slauhtered them and devastated their pirate communities. The surviving pirates sued Ceasar in Rome with the legal complaint that Ceasar unalwfully abrogated his treaty with the Pirates, promising no armed retaliations after being released. Ceasar defeended his actions by noting pirates had no legal rights among any civilized nations, and no contract made with a an outlaw pirate was enforceable in law. The Roman Seenate found in favor of Ceasar while noting pirates and brigands were subject to death at the hand of any military or civilian person in any land.

That is why the Bill of Attainer is not applicable to this situation. The Constitution explicitly adopted the Law of nations with respect to thsoe persons engagedd in piracy on the high seas and violations of the Law of Nations respecting waging war and brigandage.


33 posted on 02/06/2013 3:49:45 AM PST by WhiskeyX
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To: WhiskeyX

Blowing smoke with amorphous Laws of Nations,Laws of War, Celts and Romans does not help your argument.

The Bill of Attainder prohibition is in our Constitution to prevent exactly what Hussein is doing.


34 posted on 02/06/2013 4:03:21 AM PST by Jacquerie ("How few were left who had seen the republic!" - Tacitus, The Annals)
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To: Jacquerie

Are we to understand you are implicitly arguing President Franklin Delano Rooseevelt was also a criminal for ordering the U.S. armed forces to bomb a building and French military target in Casablance in 1942 which killed one or more U.S. citizens within the neutral French building?


35 posted on 02/06/2013 4:08:51 AM PST by WhiskeyX
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To: Jacquerie
You are not helping your argument by disregarding the legal precedents and disrespectfully describing them as "blowing smoke." They are the actual history and examples used by the Founding Fatheers to conceivee the Constitution. Your attempts to assert the Bill of Attainder to these circumstances fails due to the exception for the felo de se exception during the commission of a felony within the jurisdiction in the Law of Nations.
36 posted on 02/06/2013 4:20:38 AM PST by WhiskeyX
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To: GGpaX4DumpedTea

I don’t give a red rodents rectum where zippy does his killing of Allah’s warriors against America, the more the merrier! Oh wait,if we capture them we get to spend millions on detention, lawyers, health care and provide a rallying point for future acts of violence against America—I give you the so called blind sheik fiasco.


37 posted on 02/06/2013 4:35:50 AM PST by BTCM (Death and destruction is the only treaty Muslims comprehend.)
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To: WhiskeyX

I get what you are saying, but I still disagree. Even the Hamdi decision only speaks to detentions, not the legality of targeted killings of USCs. When even liberals are upset about these actions by Obama, then that should tell you something....it’s not just the “right wingers” who are questioning the legality of policy.


38 posted on 02/06/2013 7:11:08 AM PST by rangerwife
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To: rangerwife

The problem is that sso few people are aware of the subject matt4er, much less being conversant in the core issues involved. I am concerned about the potentials of future abuses and the actual past abuses few people ae aware about. IThis makes it next to impossible to have a rational discussion of thee problems, eespecially when you have the representatives of the leal profession trying to ride roughshod over the top of the military arts and sciences they disdain so greatly. These concerns caught my attention in the 1960s, and I’ve tried to warn people ever since that their negglect and ddisregard for these matters would likely result in a future where you would have the worst of both alternatives: a military crippled when combatting true enemies of a freee constitutional republic and a military targeeting anyone obstructing a Marxist overthrow of the constitutional republic. Now, we’ree there just as I had been so concerned about.

The Jamdi case was appalingly bad and wrong in so many ways, it was just awful. They were twisting everything about the law into badly misshapen pretzels. I’e been warnign for some time about the bad consequences which are likely to result from these ill advised attempts to oppose indefinite detention., and demand trials for detaained prisoners of war and deetained combatants not entitled to prisoner of war status. During the Second World War, japan held some of our military and naval prisoners of war in secret prison camps on the falsee claim they were war criminals who were not entitled to a status as prisoners of war. Major “Papa” Boyington was one of these prisoners of war. The Communists have also used this ploy to hold back and to execute our prisoners of war. It is absolutely worng and a violation of the Laws of War to incarcerate a prisoner of war in a civilian penitentiary with felons, until and unless they are tried and seentenced for the commission of war crimes. Any other legitimate prisoner of war is entitled by law to certain treatments as such, whether under the Geneva Convention or the precedent laws and customs of War. Pirate and brigands, those persons engaging in private war without the commission of a sovereign are supposed to be denied status and protections as prisoners of war as required by the Laws of War and the Laws of Nations. It may be advantageous to do so until such time as captives in the hands of the such unlawful combatants can be repatriated. Until then, however, the detention should be indeas indefinite as the unlawful combatants contiue their belligerancy, unless a negotiated prisoner exchange takes place or there is sufficient cause for a war crimes trial despite the risk to our priosners of war held captive by the belligerants. After the belligerancy has ended in surrender or negotiated settlement, war crimes and other criminal trials can then commence with the trasfer of the prisoners from military detention to detention as criminal suspects undergoing prosecution.

Such a procedure was used in the Second World War with respect to the NAZI officers. They wer held under military deetention until such time as they were to be indicted as suspected war criminals, at which time they were transferred to the custody of the military tribunal for prosecution.

Many people are concerned about the risk of indefinite detention fo U.S. citizens opposing a tyrannical dictatorship that had overthrown the U.S. Goveernment. I advised them that the establishment of a new standard contrary to the Geneva and Hague Conventions with respect to indefinite detention of captured combatants would have a very undesirable consequence for the captives. Sometimes the only thing standing in the way of a kangaroo court are the remnants of the prior legal traditions. If you demand a new standard requiring the immediate trial of a detainee, you may get far more than you bargained for. Under the old standardd requiring indefinite detention before trial, the war could end and liberate the captive before they could be tried and executed for their opposition to the tyrannical egime. Under the hew standard so many people are clamoring for today, the tyrannical regime could point to the new standard requiring immediate trial and punishment, resulting in the captivee beeing subjected to a kangaroo court and punishment by execution or lethal penal labor before the conflict could could result in the liberation of the captives.

As the old saying goes, people should be very careful about what they wish for, because they might havee their wishes fulfilled in ways they had not intended and curse to their last breath.


39 posted on 02/06/2013 8:53:54 AM PST by WhiskeyX
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To: GGpaX4DumpedTea

If the President can order the death of an American teenager born in Colorado without due process, because he thinks it’s in the national interest, he has the authority to order the death of an American 62-year-old born in Missouri whom he blames for all that is wrong with America today...Rush Limbaugh.


40 posted on 02/06/2013 9:26:01 AM PST by Verginius Rufus
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To: Verginius Rufus

Rush is comparing apples to oranges. He is comparing a combatant in a forreign conflict to a non-combatant in a domestic jurisdiction without a conflict.
The laws are very different with respect to these two circumstances, so the argument is a strawman argument.


41 posted on 02/06/2013 11:01:03 AM PST by WhiskeyX
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To: Verginius Rufus

Rush is comparing apples to oranges. He is comparing a combatant in a forreign conflict to a non-combatant in a domestic jurisdiction without a conflict.
The laws are very different with respect to these two circumstances, so the argument is a strawman argument.


42 posted on 02/06/2013 11:01:30 AM PST by WhiskeyX
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To: WhiskeyX

Check out this link...
http://www.freerepublic.com/focus/news/2986229/posts?page=7
This thread likely will not tolerate your Unconstitutional venom in support of the Obama/Holder agenda to kill whomever the hell they please.


43 posted on 02/07/2013 3:59:14 PM PST by GGpaX4DumpedTea (I am a Tea Party descendant...steeped in the Constitutional Republic given to us by the Founders.)
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To: grundle
I'm sure the sycophantic state controlled media is reporting on this, like Watergate, 24/7/365.

I crack me up.

5.56mm

44 posted on 02/07/2013 4:01:49 PM PST by M Kehoe
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To: WhiskeyX

Napolitano: Obama Gives Himself Permission To Kill

http://www.freerepublic.com/focus/f-news/2986397/posts


45 posted on 02/07/2013 7:17:45 PM PST by Pontiac (The welfare state must fail because it is contrary to human nature and diminishes the human spirit.)
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