Posted on 12/02/2009 5:52:53 AM PST by Sergeant Tim
There is a lesson here. KSM & Co. do not have to be brought to the United States a move that would make it significantly more likely that other Gitmo detainees, trained terrorists, would be transferred here. Similarly, KSM & Co. do not have to be given a civilian trial a move that would make it far more difficult to justify military commissions for lesser terrorists. This is not a fait accompli. It is still possible to block these developments and to induce the Obama administration to reverse itself. But doing so will require the same two things that carried the day on the photos: passion and bold congressional action.
Taking the latter first, the Constitution makes Congress the master of the jurisdiction of the federal courts. If Congress does not want the war criminals in the war it has authorized swaddled in the Bill of Rights and given the Manhattan pulpit they seek, the solution is very simple: Congress can direct that those who fit the definition of enemy combatants which was spelled out in Section 948a of the 2006 Military Commissions Act must be tried by military commission for any war crimes. That is, Congress can divest the federal courts of jurisdiction to hear these cases. Furthermore, Congress can make its will emphatically clear by denying appropriations for the transfer of detainees into the U.S. and for the trial of detainees in the civilian federal courts.
(Excerpt) Read more at article.nationalreview.com ...
if Congress had the balls, we wouldnt be discussing this
if Congress had the balls, we wouldnt be discussing this
the GOP members in Congress have proven to be too linguini-spined to do things even half this bold
Hmmmm....if there is a way to force individual Congressmen on the record, there may be an opening to do this.
...And Obama is a LOT less popular now than he was when public outcry forced him to back down in May.
I can’t wait to see the KSM cartoon you’ve linked.
The Paul Shaklin (sp?) parody song on Rush’s show in the voice of
KSM singing “New York, New York” is ALL TOO TRUE.
Except I suspect KSM will end up trading carbon credits on an exchange
on Wall Street after he is acquitted (or his case dismissed).
KSM will soon be The Life of The Party at summer get-togethers
in The Hamptons.
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