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McCain Proposes Indefinite Detention Without Trial for Citizens (MCCAIN ASSAULTS THE CONSTITUTION)
The New American ^ | 2010-04-18 | Thomas R. Eddlem

Posted on 04/18/2010 7:09:37 PM PDT by rabscuttle385

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To: rabscuttle385
If there were no threat of terrorism by "civilian" terrorists, or by U.S. renegade terrorists adherent to Al Q'aeda, Hamas, or other groups, this bill would be an unexceptionable codification of the handling of POW's and other enemy combatants.

Under international law, terrorists, soldiers out of uniform, and spies can be shot out of hand. Gen. Loan's execution of the notorious Viet Cong captain caught shooting up Gen. Loan's men's housing area was in fact lawful.

Note that this bill incorporates the Geneva Convention to U.S. law, or vice versa. Not sure I'm pleased about that:

An individual, including a citizen of the United States, determined to be an unprivileged enemy belligerent under section 3(c)(2) in a manner which satisfies Article 5 of the Geneva Convention Relative to the Treatment of Prisoners of War may be detained without criminal charges and without trial for the duration of hostilities against the United States or its coalition partners in which the individual has engaged, or which the individual has purposely and materially supported, consistent with the law of war and any authorization for the use of military force provided by Congress pertaining to such hostilities. [Emphasis supplied.]

Not sure I'm really wild about their putting that into the law. It's one thing to observe the conventions, and another entirely, to write them into U.S. law.

181 posted on 04/19/2010 3:50:21 AM PDT by lentulusgracchus
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To: rabscuttle385

I despise McCain. That being said, this article so distorts the bill as to be little more than a propaganda piece.

The bill is selectively quoted. Here is the ACTUAL wording:

An individual, including a citizen of the United States, determined to be an unprivileged enemy belligerent under section 3(c)(2) in a manner which satisfies Article 5 of the Geneva Convention Relative to the Treatment of Prisoners of War may be detained without criminal charges and without trial...”
http://www.govtrack.us/congress/billtext.xpd?bill=s111-3081


The bill is about how they are to decide who is “an unprivileged enemy belligerent;” and how they are to be treated. Also, it keeps any trial of such OUTSIDE the US. Although it is obviously flawed, it is NOT as depicted in this article. Please read the bill at the link provided, and discuss the REALITY, not this distortion.

DG


182 posted on 04/19/2010 3:52:50 AM PDT by DoorGunner ("Rom 11: until the fullness of the Gentiles has come in; 26 and so, all Israel will be saved")
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To: DoorGunner
The bill is about how they are to decide who is “an unprivileged enemy belligerent;” and how they are to be treated. Also, it keeps any trial of such OUTSIDE the US.

Exactly. What were George Patton and Omar Bradley supposed to do with the thousands of Waffen SS prisoners they took? Mirandize them?

183 posted on 04/19/2010 3:58:03 AM PDT by lentulusgracchus
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To: rabscuttle385
An individual, including a citizen of the United States, determined to be an unprivileged enemy belligerent ... may be detained without criminal charges and without trial for the duration of hostilities against the United States or its coalition partners in which the individual has engaged, or which the individual has purposely and materially supported, consistent with the law of war and any authorization for the use of military force provided by Congress pertaining to such hostilities.

That actually seems to make sense. Basically, it seems to be saying that terrorists, including American Citizens can be detained for the duration of the conflict, whether that confict is a war, or not. For example, none of the clowns in Guantanmo would be entitled to a trial or hearing until after the "war." The problem, if it exists, the nature of the conflict and the "unprivledged enemy belligerent."
184 posted on 04/19/2010 4:01:29 AM PDT by Little Ray (The Gods of the Copybook Headings with terror and slaughter return!)
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To: Smokin' Joe
This is an Unconstitutional usurpation of power, amounting to the negation of habeas corpus.

The Constitution does provide for suspension of habeas corpus in emergencies -- and I think 9/12 would have qualified for sure.

What do you do about suspension of habeas corpus in the face of a protracted, "low-intensity" guerrilla/terror campaign against the People by a foreign power or NGO (i.e. illegal combatant power), to force a change in U.S. policy or government? This is nasty stuff, and I'm sure it would furrow even Hamilton's and Jefferson's brows.

185 posted on 04/19/2010 4:02:41 AM PDT by lentulusgracchus
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To: Little Ray
Basically, it seems to be saying that terrorists, including American Citizens can be detained for the duration of the conflict, whether that confict is a war, or not.

That's actually lenient treatment, compared to what they could get (shot!). See my post above.

186 posted on 04/19/2010 4:06:12 AM PDT by lentulusgracchus
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To: rabscuttle385

One of those things he must have learned in that North Vietnamese POW camp.


187 posted on 04/19/2010 4:07:57 AM PDT by Roklok
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Comment #188 Removed by Moderator

To: Smokin' Joe

“Anything which CAN be abused, will be abused. This is an Unconstitutional usurpation of power, amounting to the negation of habeas corpus. While that has been done before, we were engaged in the war we do not want to repeat, if possible.

The ‘stroke of a pen, law of the land’ set has no compunction about abusing power—they have already done so. I believe your faith is unfounded. The proposal says what it says, the potential for abuse is written in, and there are no safeguards there.

It is bad legislation, and imho, shows McCain to be unfit for office. “

On this we agree!

B U M P


189 posted on 04/19/2010 6:00:44 AM PDT by stephenjohnbanker (Support our troops....and vote out the RINOS!)
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To: SkyDancer

Yep, the internment prison camps already exist:

http://www.youtube.com/watch?v=0P-hvPJPTi4

They are just sitting there, waiting for residents to occupy them.


190 posted on 04/19/2010 6:05:30 AM PDT by Canedawg (I'm not digging this tyranny thing.)
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To: rogertarp

Sarah appears to be tone-deaf on some basic issues.


191 posted on 04/19/2010 6:42:28 AM PDT by pointsal
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To: rabscuttle385

Unpriveleged enemy belligerent- that would be most FReepers...


192 posted on 04/19/2010 6:59:21 AM PDT by JimRed (To water the Tree of Liberty is to excise a cancer before it kills us. TERM LIMITS, NOW AND FOREVER!)
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To: rabscuttle385

And Sarah Palin is backing this clown?


193 posted on 04/19/2010 7:12:26 AM PDT by mrmeyer ("When brute force is on the march, compromise is the red carpet." Ayn Rand)
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To: rabscuttle385
LOL.

Calling me a coward after I sign off.

This from someone who is a full time government subsidized student, who doesn't hold a job, has probably never had a girlfriend, and is notoriously well kown for posting hyperbole from really stupid sources.

194 posted on 04/19/2010 7:13:24 AM PDT by Lakeshark (Thank a member of the US armed forces for their sacrifice)
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To: rabscuttle385; Abathar; Abcdefg; Abram; Abundy; akatel; albertp; AlexandriaDuke; Alexander Rubin; ..
Conservative constitutionalists need to reassert control of the Republican Party and purge this cancer from the party and the U.S. Senate, if they wish to retain their freedoms.



Libertarian ping! Click here to get added or here to be removed or post a message here!
View past Libertarian pings here
195 posted on 04/19/2010 7:30:05 AM PDT by bamahead (Few men desire liberty; most men wish only for a just master. -- Sallust)
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To: rabscuttle385

Glad this idiot didn’t get elected.


196 posted on 04/19/2010 7:37:13 AM PDT by mainestategop (DonÂ’t Let Freedom Slip Away After America , There is No Place to Go)
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To: pointsal

So, she has commented on this bill????


197 posted on 04/19/2010 7:41:12 AM PDT by BillM
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To: Lakeshark; All

Maturity should bring clearer thinking.

The facts that the birch society presents are usually unsettling or downright frightening, but they are always correct, whether you are able to deal with it or not.

Its high time that we all quit trying to kill the messenger every time bad news comes along.

This bill is a huge mistake as written, and largely unnecessary and feckless WRT terrorists, since we already have adequate statutes on the books to deal with them. The problem is not a lack of laws, but a lack of desire on the part of the left to enforce them.

This is not a tool that will be used on terrorists; it will be used on patriotic Americans, by unpatriotic Democrat regimes, as we have already learned under Carter, and Clinton. We don’t dare allow something like this to fall into the hands of Obama & Co.


198 posted on 04/19/2010 8:03:02 AM PDT by editor-surveyor (Obamacare is America's kristallnacht !!)
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To: Artcore

“Sean is beyond useless at times when it comes to his RINO buddies: McLame, Newt, Huckebee, and Romney!”

.
Yep!
.


199 posted on 04/19/2010 8:05:12 AM PDT by editor-surveyor (Obamacare is America's kristallnacht !!)
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To: rabscuttle385
How upside down is this world becoming??

We are looking at a time when an innocent US citizen -- think about how easy it would be for our uncontrolled government to "designate" you an "enemy belligerant" -- might be detained indefinitely, without charges and without trial, yet the real terrorists who kill Americans in war must be granted the priveleges of an American citizen!

It's pure, undiluted insanity!

200 posted on 04/19/2010 8:07:27 AM PDT by TChris ("Hello", the politician lied.)
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