JONATHAN TURLEY ON BILL O'REILLY - 12192005

[Ninian Dryhope]

"Lincoln is also quoted as saying that "The Constitution is not a suicide pact""

Actually, it was Justice Robert Jackson who first made that point. In 1949, Justice Jackson wrote in Terminiello v. City of Chicago, "There is danger that, if the court does not temper its doctrinaire logic with a little practical wisdom, it will convert the constitutional Bill of Rights into a suicide pact."

On the other hand, Lincoln did suspend the Writ of Habeas Corpus, so he was not overly concerned with legal niceties when dealing with matters of true importance.

[Ninian Dryhope]

"Quoting Lincoln as a Saint always needs to be qualified."

Never quoted Lincoln as a saint, but the quote I used was both apt and very true.

[Ninian Dryhope]

"All the so-called experts like Turley who are discussing this on TV, and vilifying the President for his actions, are either naive, disingenuous, stupid, or treasonous."

Or most likely, all of the above.

[wotan]

Executive orders do not override the Constitution or Federal statutes. Otherwise, why would we need the Patriot Act?

I'd be happy to see Carter and Clinton indicted, for sure.

[RhoTheta]

(1) a foreign government or any component thereof, whether or not recognized by the United States;

I think this problem has been laid out by W from just after 9/11. In my understanding, al Queida is more like an A&W Root Beer franchise than a government. al Queida isn't "a foreign government, or any component thereof," but was being harbored and supported by several, two of which have been reconstituted. al Queida would seem to fit inder 1801(a)(4), 1801(b)(1 and 2).

[Palladin]

It all depends on what you mean by government. (Forgive me while I wax Clintonesque.)

The Barbary Pirates weren't a government. They were more like your franchise example, and our President used his war powers in that situation.

http://memory.loc.gov/ammem/collections/jefferson_papers/mtjprece.html

[Palladin]

bttt