Posted on 04/27/2012 9:43:38 AM PDT by american_steve
Virginia’s new law sends mixed messages to state employees, especially law enforcement officials. Imagine a state trooper pulling over a speeder and finding out through an ID check that the FBI has an alert for the driver as a suspected al-Qaeda operative. What should the trooper do if he knows or suspects the driver is a U.S. citizen? Do his duty and detain the suspect, which violates Virginia law? Or simply write the speeding ticket and send the driver on his way, not telling the FBI or the military, consequences be damned?
Although the federal government has no inherent constitutional right to compel state officials to help in combating al-Qaeda, since 9/11 it has funneled billions of dollars to all states that require fulsome cooperation from state law enforcement authorities. Meanwhile, state National Guard forces, when deployed overseas, are subject to federal control. For these reasons, Virginia’s legislation violates the federal law.
Beyond these practical concerns, Virginia’s legislation, especially if followed by more states, sends a powerful message that delegitimizes not just the military detention of captured enemy combatants but also the entire laws-of-war architecture. Legitimacy of government policies matters a great deal in our democracy. Unfortunately, it already was heavily battered, primarily by the left, during the George W. Bush administration.
The tea party members who are pushing for these state actions may not know that the Obama administration has, after some initial equivocation, endorsed the laws-of-war paradigm and has retained most of the Bush administration’s policies. This extremely positive development provides much-needed bipartisanship in this key area of national policy.
(Excerpt) Read more at washingtonpost.com ...
Let me see....common sense says.....you’re an a** if you don’t report to someone....That’s what 9-11 was all about...THE GORELICK WALL.
/johnny
Very sloppy thinking. Governments don't have rights. They have powers. Period.
People have rights.
/johnny
Yep Jamie Gorelick who demoKKKrats had the audacity to put on the 911 commission, demoKKKrats who incredibly tried to blame 911on the firemen, one demoKKKrat who even called them “boy scouts”. It’s incredible to me what enrages people in this country and what doesn’t. I assume Gorelick ripping off $26 million after destroying the housing market is OK as well.
But I will remind you, States and the security of their own state is their right. Virginia does not have to go defend Maryland, but the constitution does not forbid it. In the same way, the federal government is not suppose to impose or direct police powers at it's whim for crimes that are not in it's federal jurisdiction. And state police powers are voluntary to aid in the federal investigation or prosecution of crime.
That said, the constitution holds states rights and legal authority of its citizens above that of the Fed. The problem (odd wording I know) is, the Fed and State is “constrained” by constitutions in that you may not apprehend citizens without probable cause. Laws prevent (or used to) the fed from sharing what might be probable cause to the local authorities.
My tentative position. The state LEO has a right to detain a threat at least to investigate (not arrest) if there is credible information that substantiates the threat to the state. I would venture to guess that having found out the FBI considers a chargee a terrorist threat would be probable cause to investigate and potentially invite the FBI in for an opinion.
Keep in mind, this is an American Citizen. If it were a foreigner or a visa recipient, take him in and hold him for questioning and investigation.
That's my thoughts. It is complicated and I see why.
this opinion piece is waaaaaaaaaaay short on context.
Yeah,
I understood that when I read it but it just boggles the mind on how some people will do anything to prop up Obama and the feds.
Their lies are getting so complicated, they can’t even write coherent sentence.
“they can’t even write coherent sentence.:”
Says the guy who left out the word ‘a’.
:0)
The Virginia law specifically addresses the detention of U.S. citizens without charges. It isn’t about detaining people for whom there is a federal warrant.
This deals with the recent and mostly undiscussed item slipped into a recent authorization bill that granted Obama the right to indefinitely detain U.S. citizens without a warrant, without charges, and without a chance to appeal. This right is outside the “enemy combatant” umbrella, or else they wouldn’t have needed a new law to provide the right to do so.
Virginia rightly believes this is unconstitutional, and therefore refuses to cooperate. No government should have the right to detain a non-combatant as a regular prisoner without charge and with no recourse to the courts for adjudication.
Virginia’s new law sends mixed messages to state employees, especially law enforcement officials. Imagine a state trooper pulling over a speeder and finding out through an ID check that the FBI has an alert for the driver as a suspected al-Qaeda operative... Although the federal government has no inherent constitutional right to compel state officials to help in combating al-Qaeda, since 9/11 it has funneled billions of dollars to all states that require fulsome cooperation from state law enforcement authorities... Virginia's legislation, especially if followed by more states, sends a powerful message that delegitimizes not just the military detention of captured enemy combatants but also the entire laws-of-war architecture.
I’m not sure I understand the fuss. If some guy is on an FBI watch list because of ties to al-Qaeda... Wouldn’t that be a useful thing for a local trooper to know?
I’m not sure I understand the fuss. If some guy is on an FBI watch list because of ties to al-Qaeda... Wouldn’t that be a useful thing for a local trooper to know?
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