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Bush-Era Debate: Using G.I.’s in U.S.
New York Times ^ | July 24, 2009 | MARK MAZZETTI and DAVID JOHNSTON

Posted on 07/24/2009 6:54:54 PM PDT by rdl6989

WASHINGTON — Top Bush administration officials in 2002 debated testing the Constitution by sending American troops into the suburbs of Buffalo to arrest a group of men suspected of plotting with Al Qaeda, according to former administration officials.

Some of the advisers to President George W. Bush, including Vice President Dick Cheney, argued that a president had the power to use the military on domestic soil to sweep up the terrorism suspects, who came to be known as the Lackawanna Six, and declare them enemy combatants.

Mr. Bush ultimately decided against the proposal to use military force.

A decision to dispatch troops into the streets to make arrests would be nearly unprecedented in American history, as both the Constitution and subsequent laws restrict the military from being used to conduct domestic raids and seize property.

The Fourth Amendment bans “unreasonable” searches and seizures without probable cause. And the Posse Comitatus Act of 1878 generally prohibits the military from acting in a law enforcement capacity.

In the discussions, Mr. Cheney and others cited an Oct. 23, 2001, memorandum from the Justice Department that, using a broad interpretation of presidential authority, argued that the domestic use of the military against Al Qaeda would be legal because it served a national security, rather than a law enforcement, purpose.

(Excerpt) Read more at nytimes.com ...


TOPICS: Crime/Corruption; Front Page News; US: New York; War on Terror
KEYWORDS: alqaeda; bush43; counterterrorism; jihadinamerica; jihadists; lackawannasix; lping; presidentbush; september12era; terrorisminusa; vicepresidentcheney; wot
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1 posted on 07/24/2009 6:54:54 PM PDT by rdl6989
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To: rdl6989

NY Slimes strike again.


2 posted on 07/24/2009 6:56:18 PM PDT by rdl6989
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To: rdl6989

The idea of sending troops to arrest people within in the US makes me really uncomfortable. That’s the job of the FBI. Imagine if he had sent this precedent, and then it became okay for Obama to do this with “right-wing extremists.”


3 posted on 07/24/2009 6:59:42 PM PDT by Rodebrecht (If everybody just left everybody else alone, everybody would be a lot happier.)
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To: rdl6989

So what’s the point? They considered doing something they chose not to do and didn’t. Wow, now there is some big news right there by golly.

If the NYT knew what all I have dreamed of doing in response to their traitorous acts against my country, they would move to an undisclosed location.


4 posted on 07/24/2009 7:03:45 PM PDT by Gator113 (I live in "one of the largest Muslim countries in the world." Imam Obama told me so.)
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To: Rodebrecht

“Obama to do this with “right-wing extremists.”

Give it time....he’ll do it.


5 posted on 07/24/2009 7:08:40 PM PDT by Fireone (Jim Thompson's message speaks my thoughts exactly! Thanks JimRob!)
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To: Rodebrecht; rdl6989
The idea of sending troops to arrest people within in the US makes me really uncomfortable. That’s the job of the FBI. Imagine if he had sent this precedent, and then it became okay for Obama to do this with “right-wing extremists.”

Plus the FBI doesn't have that many people. They often have to rely on cooperation with local law enforcement agencies.

6 posted on 07/24/2009 7:09:39 PM PDT by Paleo Conservative
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To: rdl6989

That is not a “Bush era debate” topic.
It’s a “Washington era debate” topic, and the prohibition that was decided upon is coded into law.


7 posted on 07/24/2009 7:14:37 PM PDT by MrEdd (Heck? Geewhiz Cripes, thats the place where people who don't believe in Gosh think they aint going.)
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To: Paleo Conservative

The reasons to do this would be:

a) To establish the legality of the practice, in case it needed to happen on a mass scale.
b) To avoid putting terrorism suspects into civilian courts.


8 posted on 07/24/2009 7:16:27 PM PDT by furquhart (Would it not be easier to dissolve the people and elect another?)
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To: rdl6989
Hrmmm...

Anyone ever figure out who called these guys to Alabama?


9 posted on 07/24/2009 7:16:27 PM PDT by Domandred (Hope is the first step on the road to disappointment.. I am Jim Thompson.)
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To: rdl6989

Not just NO!!!, but HELL NO!!!!

Next thing you know, there are some thing American troops can’t or refuse to do, so the gummint hires foreigners, aka mercenaries.

NO MILITARY TROOPS IN OUR STREETS!!!!!


10 posted on 07/24/2009 7:17:43 PM PDT by djf (The "racism" spiel is a crutch, those who unashamedly lean on it, cripples!)
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To: rdl6989

Wait till we find out what the Thug in Chief is up to.


11 posted on 07/24/2009 7:18:57 PM PDT by PghBaldy (http://www.blackfive.net/main/2009/06/president-obama-visits-wounded-troops.html)
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To: rdl6989
As I see it, there was a discussion and nothing happened. The Constitution prevailed.

On the other hand, Zero has sh!t on the Constituion so many times in his short tenure, that this might become reality under his regime.

12 posted on 07/24/2009 7:27:46 PM PDT by Bushbacker1 (I'll miss President Bush greatly! Palin in 2012! The "other" Jim Thompson)
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To: Bushbacker1
Constituion = Constitution
13 posted on 07/24/2009 7:29:15 PM PDT by Bushbacker1 (I'll miss President Bush greatly! Palin in 2012! The "other" Jim Thompson)
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To: furquhart; Rodebrecht; rdl6989
The reasons to do this would be:

a) To establish the legality of the practice, in case it needed to happen on a mass scale.
b) To avoid putting terrorism suspects into civilian courts.

In 1942 the US arrested, tried, convicted, and executed a group of NAZI saboteurs who were smuggled into the US via U-boat. They were tried by military tribunals on US soil. Some of them even had dual US-German citizenship. There's already precedent for trying saboteurs by military tribunals on US soil regardles of who apprehended them.

14 posted on 07/24/2009 7:32:47 PM PDT by Paleo Conservative
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To: Rodebrecht

Obama doesn’t need precedent to take action against his enemies.


15 posted on 07/24/2009 7:34:46 PM PDT by rabidralph (http://www.thealaskafundtrust.com/ http://www.sarahpac.com)
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To: Paleo Conservative
“There's already precedent for trying saboteurs by military tribunals on US soil regardles of who apprehended them.”
Well, I say it's time to apprehend Obama, Pelosi, Reed, Franks, Dodds, Schumer, Watters and the rest of the commie scum.
16 posted on 07/24/2009 7:43:23 PM PDT by bitterohiogunclinger (America held hostage - day 163)
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To: bamahead

Read up!


17 posted on 07/24/2009 7:46:07 PM PDT by KoRn (Department of Homeland Security, Certified - "Right Wing Extremist")
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To: Rodebrecht
You’re right to be uneasy about it. Just look at what happened in New Orleans after Katrina. The federalized National Guard helped carry out an unconstitutional and criminal order from the mayor to violate citizen’s Second Amendment rights under color of law.

To date no charges have been brought against the mayor, the police chief, the General in charge of the troops, or anyone who participated in the crimes.

18 posted on 07/24/2009 7:46:12 PM PDT by SUSSA
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To: KoRn; Abathar; Abcdefg; Abram; Abundy; akatel; albertp; AlexandriaDuke; Alexander Rubin; ...
“What would it look like to have the American military go into an American town and knock on people’s door?”

Let's not find out...



Libertarian ping! Click here to get added or here to be removed or post a message here!
(View past Libertarian pings here)
19 posted on 07/24/2009 7:57:16 PM PDT by bamahead (Few men desire liberty; most men wish only for a just master. -- Sallust)
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To: rdl6989

How soon some forget tanks at Waco.......another democrat president


20 posted on 07/24/2009 7:58:06 PM PDT by goat granny
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To: SUSSA
To date no charges have been brought against the mayor, the police chief, the General in charge of the troops, or anyone who participated in the crimes.

There was an individual case filed very recently (last month)...and by a VERY unlikely filer, the ACLU.
http://www.wdsu.com/news/19930035/detail.html
21 posted on 07/24/2009 7:59:49 PM PDT by bamahead (Few men desire liberty; most men wish only for a just master. -- Sallust)
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To: goat granny

Well, and another ungainly, manly looking AG, and don’t forget the tanks came from the Texas National Guard, courtesy of Ann Richards.


22 posted on 07/24/2009 8:02:10 PM PDT by Still Thinking (If ignorance is bliss, liberals must be ecstatic!)
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To: Rodebrecht

Any call from Obama for the military to deploy for domestic “use” will not be heeded. I’ll wager that the uniformed senior military leadership will regard it as an unlawful order.


23 posted on 07/24/2009 8:02:25 PM PDT by joelt
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To: Still Thinking

Ann Richards was one nasty old woman.......


24 posted on 07/24/2009 8:06:03 PM PDT by goat granny
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To: Bushbacker1

The constitution is such a nuisance/sarc


25 posted on 07/24/2009 8:13:00 PM PDT by bushwon ("If you think healthcare is expensive now, just wait till it is free! "~ PJ O'Rourke)
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To: bamahead

Thanks I hadn’t seen that. The NRA, the nation’s oldest civil rights organization, brought a civil case too but there have been no criminal charges filed and clearly there should be.


26 posted on 07/24/2009 8:17:01 PM PDT by SUSSA
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To: Paleo Conservative

In 1942 the US arrested, tried, convicted, and executed a group of NAZI saboteurs who were smuggled into the US via U-boat.
______________________________________________________

IIRC, it was and still stands as the fastest (not the largest) mass executions in US History. One guy turned himself in and spilled the beans about the operation. After we caught the other two, they were all tried and executed. the whole execution from 1st Nazi to last Nazi took less than 4 minutes. I tried googling that incident about a month ago and didn’t find anything. can you point me somewhere to read about it?


27 posted on 07/24/2009 8:26:02 PM PDT by model B (attitude is a little thing that makes a big difference -- Sir Winston Churchill)
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To: rdl6989
They were foreigners.

It was war.

Downside: Obama will use the same argument against citizens, instead of non-citizen terrorists.

28 posted on 07/24/2009 8:33:42 PM PDT by Mariner
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To: rdl6989

Interesting that the Times is bringing this up NOW, right before ostammer and his thugocracy try to put the screws to us in ways we’ve never seen before. It looks to me like they’re setting the stage for ostammer to violate Posse Comitatus to put the boot down on our necks when we rise up against his coup.


29 posted on 07/24/2009 8:45:57 PM PDT by bustinchops
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To: Gator113

The point is that since the idea has been batted around by a pub president, pubs and conservatives should not be able to cry out if ostammer decides to use troops against ‘terrorists’ such as you and me, as recently defined by Homeland Security, for rising up against the ruinous policies and laws he is enacting by fiat, Executive Order, and slamming through congress in the dark of night that nobody has read. They are looking for a means to give precedent or the glimmer of violating Posse Comitatus in advance so that he can bring military resources to bear on ordinary Americans exercising their various constitutional rights.


30 posted on 07/24/2009 8:52:38 PM PDT by bustinchops
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To: rdl6989

Me thinks someone is trying to change the subject. With all the negativity ZERO is getting and his sinking approval rating this doesn’t surprise me.

Gee, how about we talk about what this Marxist SOB we have in the White House is doing, eh New York Slimes?


31 posted on 07/24/2009 9:17:02 PM PDT by 1035rep
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To: Gator113; bamahead; rdl6989; All
So what's the point? They considered doing something they chose not to do and didn't.

Exactly. This article has no relevance, except perhaps to historians and legal scholars. The main purpose of the article, as far as the Slimes is concerned, is an opportunity for more Bush bashing after W has been out of office for six months.

32 posted on 07/24/2009 9:29:45 PM PDT by justiceseeker93
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To: Rodebrecht
The idea of sending troops to arrest people within in the US makes me really uncomfortable.

Read about the "Whiskey Rebellion". Goe. W. participated as CIC.

/johnny

33 posted on 07/24/2009 9:30:52 PM PDT by JRandomFreeper (God Bless us all, each, and every one.)
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To: goat granny
Ann Richards was one nasty old woman.......

And she's STILL DEAD! Can we get a round of applause for AR? Stand up Anne!

Ann Richards, Molly Ivens, Walter Cronkite.... Just having outlived those old socialists is enough for one lifetime. Thank You, Jesus.

But I'm not bitter. I'm just enjoying the fresher air.

/johnny

34 posted on 07/24/2009 9:35:47 PM PDT by JRandomFreeper (God Bless us all, each, and every one.)
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To: Rodebrecht
The idea of sending troops to arrest people within in the US makes me really uncomfortable.

How do you feel about sending troops in to kill men, women and children, all US citizens?
Oh ooops, that was a demonrat president so it is okay.

Tanks at WACO WACO

35 posted on 07/24/2009 9:45:48 PM PDT by Just A Nobody (Better Dead than RED! NEVER AGAIN...Support our Troops! Beware the ENEMEDIA)
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To: Paleo Conservative
In 1942 the US arrested, tried, convicted, and executed a group of NAZI saboteurs ...

1942...demonrat president so it is A-Okay!
Meanwhile, they would have burned President Bush at the stake had he taken those kind of actions to protect us and our country.

36 posted on 07/24/2009 9:47:43 PM PDT by Just A Nobody (Better Dead than RED! NEVER AGAIN...Support our Troops! Beware the ENEMEDIA)
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To: rdl6989

There are legitimate debates on this, but I don’t read too many articles complaining about Eisenhower federalizing the Arkansas National Guard to escort the Arkansas 9 into classes.


37 posted on 07/24/2009 9:49:18 PM PDT by Richard Kimball (We're all criminals. They just haven't figured out what some of us have done yet.)
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To: Paleo Conservative; bamahead; 1035rep; ml/nj; ExTexasRedhead; socialismisinsidious; LucyT; ...
The idea of sending troops to arrest people within the US makes me really uncomfortable.

Contrary to the opinion of the Duke professor which the Slimes interviewed, this situation has undoubtedly happened, at least in a practical sense, after the Civil War.

The roundup of Japanese-Americans in the western US for deportation to detention camps was done by the military in 1942, in accordance with an executive order from the "liberal" president Franklin D. Roosevelt. One can be certain that at least a few of these folks didn't cooperate voluntarily and were detained by the military by force.

Perhaps the good professor drew a blank on this because it occurred during a Democratic administration.

38 posted on 07/24/2009 9:58:06 PM PDT by justiceseeker93
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To: justiceseeker93
because it occurred during a Democratic administration.

I see we are on the same track. ;*)

39 posted on 07/24/2009 10:00:48 PM PDT by Just A Nobody (Better Dead than RED! NEVER AGAIN...Support our Troops! Beware the ENEMEDIA)
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To: Domandred

Those are Alabama Army National Guard.


40 posted on 07/24/2009 10:30:02 PM PDT by Thunder90
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To: Rodebrecht
That’s the job of the FBI.

Actually it's not. It's the job of state and local civilian law enforcement agents, under the command of County Sheriffs. I believe they may ask for the assistance of federal agents if needed.

41 posted on 07/24/2009 11:31:41 PM PDT by Clinging Bitterly (He must fail.)
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To: Domandred

It’s called a mutual aid agreement. They are in place all over the US. This is an unusual display of its use but such agreements serve a valuable purpose, especially in rural areas where local resources are limited.


42 posted on 07/25/2009 12:08:47 AM PDT by jwparkerjr (God Bless America!)
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To: Clinging Bitterly

What was the motivation of the discussion about this? that the lak 6 would have required the teams...six..whomever for a takedown?....sounds like HRT or whomever was not thought of being up to the job?


43 posted on 07/25/2009 12:09:35 AM PDT by happinesswithoutpeace (Is it Halloween yet?)
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To: rdl6989

The National Guard belongs to the governor of each state. Even the officers can be appointed as seen fit to include those without any military experience (say Ohio) or the oh so infamous Kentucy Colonel.... The U.S. Armed Forces and Reserves are what wee are talking about here.


44 posted on 07/25/2009 2:16:20 AM PDT by Jumper
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To: Rodebrecht
The idea of sending troops to arrest people within in the US makes me really uncomfortable. That’s the job of the FBI. Imagine if he had sent this precedent, and then it became okay for Obama to do this with “right-wing extremists.”

Oh, you mean like Janet Reno and Waco?

45 posted on 07/25/2009 4:06:16 AM PDT by ROCKLOBSTER (RATs...nothing more than Bald Haired Hippies!)
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To: model B
I tried googling that incident about a month ago and didn’t find anything. can you point me somewhere to read about it?

Punch "nazi saboteurs" into Altavista and get 40,000+ hits, including:

http://www.fbi.gov/libref/historic/famcases/nazi/nazi.htm

http://en.wikipedia.org/wiki/Operation_Pastorius

46 posted on 07/25/2009 4:49:29 AM PDT by DuncanWaring (The Lord uses the good ones; the bad ones use the Lord.)
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To: Rodebrecht

Didn’t they ALREADY do this, under Clinton, at Waco? Soldiers, tanks, attack helicopters, strafing machine guns, etc. Of course there, the flamethrowers incinerated the remaining evidence.


47 posted on 07/25/2009 5:03:57 AM PDT by 2harddrive (S)
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To: Rodebrecht

Plus, let’s not forget that at Ruby Ridge, under Bush 1, they mobilized armored troop carriers, machine guns, and had F-16’s buzzing the house where Randy Weaver lived with his kids and wife - till the sniper killed her, of course.


48 posted on 07/25/2009 5:17:23 AM PDT by 2harddrive (S)
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To: All

This diversion came a little late, Axlerod. The news cycle is already focusing on Obama’s racism..


49 posted on 07/25/2009 5:22:12 AM PDT by newnhdad (The longest of journeys begins with one step.)
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To: rdl6989

Bush decided against it. Bush was right.


50 posted on 07/25/2009 6:47:02 AM PDT by Paradox (Obama - Harvard = Sharpton {thanks to sfvgto})
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