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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

Senator John McCain (R-Ariz.) has introduced a bill that would allow the President to imprison an unlimited number of American citizens (as well as foreigners) indefinitely without trial. Known as The Enemy Belligerent Interrogation, Detention, and Prosecution Act of 2010, or S. 3081, the bill authorizes the President to deny a detainee a trial by jury simply by designating that person an “enemy belligerent.”

The bill, which has eight cosponsors, explicitly names U.S. citizens as among those who can be detained indefinitely without trial:

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. [Emphasis added.]

Note that the Bush administration once said that the so-called “war on terror” would last a generation or more, and the U.S. military has officially classified many former Guantanamo detainees, such as England's Tipton Three, as having “returned to the battlefield” for merely granting an interview for the movie The Road to Guantanamo. Another five innocent Uighur (Ethnic Turkish Muslims from China) detainees had been listed as having “returned to the battlefield” after their release because their lawyer had written an op-ed protesting their prolonged detention without trial after they had been mistakenly picked up by a greedy bounty hunter. Writing an opinion or speaking an opinion against the party in power in Washington can — and already has — made some people “enemy belligerents.”

The Fifth Amendment to the U.S. Constitution requires that “No person shall ... be deprived of life, liberty, or property, without due process of law,” and the Sixth Amendment stipulates the due process of law that all are required to receive:

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.

The requirement for a jury trial has no exceptions for military reasons, and doesn't even exempt foreigners. It simply employs the phrase “all criminal prosecutions,” words that unequivocally apply to the military and civilian justice systems, as well as to both citizens and foreigners. The Founding Fathers truly applied Christ's command to “Do to others whatever you would have them do to you,” but John McCain's new bill wouldn't even do to American citizens what we would assume were basic rights. There is no greater tyranny than indefinite imprisonment at the whim of an executive without legal recourse, and that is precisely what McCain and eight other senators would impose upon America.

McCain defended his bill in a speech on the Senate floor March 4, stating:

The legislation would authorize detention of enemy belligerents without criminal charges for the duration of the hostilities consistent with standards under the law of war which have been recognized by the Supreme Court. Importantly, if a decision is made to hold a criminal trial after the necessary intelligence information is obtained, the bill mandates trial by military commission where we are best able to protect U.S. national security interests, including sensitive classified sources and methods, as well as the place and the people involved in the trial itself.

In other words, the right to trial by jury guaranteed by the U.S. Constitution would no longer be a right. The bill would mandate “military commissions” rather than a jury trial, if and when the President deems to hold a “trial.” Under McCain's legislation, trial by jury wouldn't just be a privilege that the President could withdraw at a whim, the President would be required to deny jury trials. The right to trial by jury would be denied entirely! Of course, any American could be held for decades without trial or even being charged with a crime under McCain's bill.

Cosponsors of the bill include Democrat/independent Joseph Lieberman of Connecticut and Republicans Jim Inhofe of Oklahoma, Jeff Sessions of Alabama, Scott Brown of Massachusetts, Saxby Chambliss of Georgia, David Vitter of Louisiana, George LeMieux of Florida, and Roger Wicker of Mississippi. Those cosponsoring this outright attack on the Bill of Rights are those same Republican neo-conservatives who have dominated the GOP for the last decade or more. 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.


TOPICS: Business/Economy; Constitution/Conservatism; Crime/Corruption; Editorial; Foreign Affairs; Front Page News; Government; Miscellaneous; Politics/Elections
KEYWORDS: bho44; bigbrother; biggovernment; birchers; communism; donttreadonme; fifthamendment; habeascorpus; jbs; johnbirchsociety; juanmccain; liberalfascism; libertyordeath; lping; mccain; mccain4biggovernment; mccain4dnc; mccain4obama; mccain4policestate; mccain4soros; mccainantigop; mccainantiteaparty; mccainiacsassemble; mccainiacsattack; mccainiacshere; mccaintruthfile; military; nwo; obama; palin; palin4mccain; palin4rinos; palinsrinocircus; palinsrinofest; policestate; politics; rabscuttle; rapeofliberty; rino; rinomccain; sixthamendment; soros; standdown; tyranny; vichy; vichyrinos
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1 posted on 04/18/2010 7:09:38 PM PDT by rabscuttle385
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To: bamahead
The right to trial by jury would be denied entirely! Of course, any American could be held for decades without trial or even being charged with a crime under McCain's bill.

Hmmm...

I wonder if McCain's bill will be used to detain all those nasty "domestic terrorists" (conservatives and libertarians), especially the ones the left derides as "teabaggers"!

2 posted on 04/18/2010 7:10:52 PM PDT by rabscuttle385 (Live Free or Die)
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To: rabscuttle385

Water board McDemocrat.


3 posted on 04/18/2010 7:11:42 PM PDT by VRWC For Truth (Throw the bums out who vote yes on the bail out)
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To: rabscuttle385

I wonder how McCain liked being held indefinitely without trial.


4 posted on 04/18/2010 7:12:27 PM PDT by omega4179 ( http://www.jdforsenate.com)
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To: rabscuttle385

I don’t know what you guys are complaining about-—they are people here would love to throw away the key when it comes to terrorism.


5 posted on 04/18/2010 7:12:28 PM PDT by gman992
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To: rabscuttle385

McLame has too many loose screws.


6 posted on 04/18/2010 7:13:05 PM PDT by TribalPrincess2U (demonicRATS... taxes, pain and slow death. Is this what you want?)
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To: rabscuttle385

I guess McCain wants to lose his election, but that’s a good thing.


7 posted on 04/18/2010 7:13:09 PM PDT by Sun (Pray that God sends us good leaders. Please say a prayer now.)
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To: rabscuttle385

McAmnesty is political TOAST. If Palin doesn’t flee him quickly , she will be gone.


8 posted on 04/18/2010 7:13:23 PM PDT by rogertarp
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To: rabscuttle385

Well that’s one way to get rid of that pesky political opposition.


9 posted on 04/18/2010 7:13:34 PM PDT by cripplecreek (Remember the River Raisin! (look it up))
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To: rabscuttle385

Though suspicious to us, on the right -— I seriously doubt this would be aimed at law-abiding folks. Scary for anyone that DARE question the regime... but questioning is within our first amendment rights. Threratening harm or acting out, is not.


10 posted on 04/18/2010 7:15:07 PM PDT by nagdt ("speak the truth but leave immediately afterward")
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To: nagdt

Only US citizens are of the district of columbia. americans are of the other states. www.restoretherepublic.com


11 posted on 04/18/2010 7:16:39 PM PDT by truthbetold11 (truthbetold11)
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To: Sun

like the rest of his ilk, I’m sure he has no clue what’s in any peice of legislation he supports.


12 posted on 04/18/2010 7:16:50 PM PDT by bluedressman
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To: rabscuttle385

Not having the best year financially (especially after last week), but I have two contributions on my Must Do list: FR and J.D. Hayworth!

McCain needs to retire and take over from BobDole doing ads for male enhancement products. “Extenze works, my friend. A-heh-heh.”


13 posted on 04/18/2010 7:17:36 PM PDT by LostInBayport (2010 - The Second American Revolution. The first shot was fired 1/19/2010 -- here in Massachusetts!)
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To: rabscuttle385
the bill authorizes the President to deny a detainee a trial by jury simply by designating that person an “enemy belligerent.”

And what is the difference between an "enemy belligerent" and an "illegal combatant" -- which McCain was somehow unable to recognize during the Bush administration?

14 posted on 04/18/2010 7:18:03 PM PDT by okie01 (THE MAINSTREAM MEDIA: Ignorance on Parade)
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To: rabscuttle385

This is all so difficult for me to comprehend. With that said, I think John McCain has to lose his election.


15 posted on 04/18/2010 7:18:06 PM PDT by Bronzy
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To: rabscuttle385

What’s he going to do? Create internment camps? Oh, wait ....


16 posted on 04/18/2010 7:18:12 PM PDT by SkyDancer (Those That Turn Their Swords into Plows Will Plow For Those That Don't.)
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To: rabscuttle385
he bill would mandate “military commissions” rather than a jury trial, if and when the President deems to hold a “trial.”

Meanwhile BO's/BS's fellow muzzies who are enemy combatants get a trial by jury. It's truly astounding how people want to cling to a party that has consistently eschewed conservative principles.
17 posted on 04/18/2010 7:19:21 PM PDT by Man50D (Fair Tax, you earn it, you keep it! www.FairTaxNation.com)
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To: rabscuttle385; pissant; All

“Republicans Jim Inhofe of Oklahoma, Jeff Sessions of Alabama”

I wasn’t particularly stunned that McCain is pushing this, but Inhofe and Sessions??? What the ??? Are we missing something here??


18 posted on 04/18/2010 7:20:14 PM PDT by AuntB (WE are NOT a nation of immigrants! We're a nation of Americans! http://towncriernews.blogspot.com/)
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To: rabscuttle385
Hayworth has a second million dollar campaign drive underway. www.jdforsenate.com/issues
19 posted on 04/18/2010 7:21:17 PM PDT by Man50D (Fair Tax, you earn it, you keep it! www.FairTaxNation.com)
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To: TribalPrincess2U

I’m seriously wondering if he got “Manchurian Candidate” programming while in the North Viet Nam prison.


20 posted on 04/18/2010 7:21:19 PM PDT by Carl LaFong (Experts say experts should be ignored.)
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To: rabscuttle385

McCain is coming after FR posters.


21 posted on 04/18/2010 7:21:21 PM PDT by donna (Sarah Palin: "I support his [McCain] position on immigration.")
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To: rabscuttle385
Detain anyone participating in a Tea Party until there are no more Tea Parties.

Good for Barry, good for Johnny.

22 posted on 04/18/2010 7:22:38 PM PDT by DTogo (High time to bring back the Sons of Liberty !!)
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To: rabscuttle385

McCain is off his rocker. This guy needs to be voted out immediately.


23 posted on 04/18/2010 7:22:57 PM PDT by Frantzie (McCain=Obama's friend. McCain called AMERICANS against amnesty - "racists")
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To: rabscuttle385

I swear to God you would side with Osama bin Laden if he got into a fight with John McCain.

obsessive:
adj
1. (Psychiatry) Psychiatry motivated by a persistent overriding idea or impulse, often associated with anxiety and mental illness
2. continually preoccupied with a particular activity, person, or thing
n
1. (Psychiatry) Psychiatry a person subject to obsession
2. a person who is continually preoccupied with a particular activity, person, or thing
obsessively adv
obsessiveness n


24 posted on 04/18/2010 7:24:27 PM PDT by Artemis Webb (Any dissent means you are a troll.)
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To: rogertarp

McCain is deranged and Palin needs to jump ship. Charlie Crist is a creepy tanning salon weirdo but he looks like a sane Repub compared to McCain.


25 posted on 04/18/2010 7:24:33 PM PDT by Frantzie (McCain=Obama's friend. McCain called AMERICANS against amnesty - "racists")
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To: nagdt

On an earlier thread, today:
http://www.freerepublic.com/focus/f-news/2495743/posts

Time’s Klein suggests that the actions of Palin and Beck come very close to “sedition”. Clearly, parts of the MSM would sit on their hands if certain of these people that they deem undesirable were to be spirited away!


26 posted on 04/18/2010 7:25:10 PM PDT by the_Watchman
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To: nagdt

McCain has lots of experience in taking away your First Amendment righst - it is called McCain-Feingold.


27 posted on 04/18/2010 7:25:41 PM PDT by Frantzie (McCain=Obama's friend. McCain called AMERICANS against amnesty - "racists")
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To: rabscuttle385
It simply employs the phrase “all criminal prosecutions,” words that unequivocally apply to the military and civilian justice systems, as well as to both citizens and foreigners

War is not a criminal activity. Treating it as if it were is in part how we got 9-11. We don't prosecute enemy soldiers, we kill them, or hold them as POWs, "for the duration". The fact that they might have started out as US citizens doesn't really affect that.

Clearly the founders envisioned a situation such as this when they wrote:

The Privilege of the Writ of Habeas Corpus shall not be suspended, ,i>unless when in Cases of Rebellion or Invasion the public Safety may require it.
Article 1 section 9, Constitution for the United States.

Definition Habeas Corpus

Can this be misused, bet your ass it can. But this is nothing outside of the Constitution. Will Obama abuse it? Probably. In which case, see tag line.

28 posted on 04/18/2010 7:25:51 PM PDT by El Gato ("The second amendment is the reset button of the US constitution"-Doug McKay)
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To: rabscuttle385

What idiot doesn’t understand that POWs on the battlefield are held indefinitely?


29 posted on 04/18/2010 7:26:21 PM PDT by Southack (Media Bias means that Castro won't be punished for Cuban war crimes against Black Angolans in Africa)
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To: rabscuttle385

I don’t like McPain. I’ve been an advocate for his forced retirement forever. I would need to study this in depth, but upon completion of the reading of this article I’m left with a strong feeling there is Ron Paul influence behind it all.

I would believe Inhofe, and Sessions would not join with McPain in violating the Constitution in the manner depicted in this article, so I believe I will seek out the full text of this bill from another source before I go off raising Hell.

Go J.D.


30 posted on 04/18/2010 7:26:42 PM PDT by rockinqsranch (Dems, Libs, Socialists...Call 'em What you Will, They ALL have Fairies Living In Their Trees.)
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To: rabscuttle385; AmishDude; SoCalPol; Lakeshark

What the hell is THE NEW AMERICAN?

A “John Birch Society” publication?


31 posted on 04/18/2010 7:27:17 PM PDT by onyx (Sarah/Michele 2012)
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To: donna

“McCain is coming after FR posters.”

I hope I will be provided with WiFi in the gulags.


32 posted on 04/18/2010 7:27:56 PM PDT by Frantzie (McCain=Obama's friend. McCain called AMERICANS against amnesty - "racists")
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To: rabscuttle385

Wow. Give Obama the ability to start gulags? That has got to be the most insane proposal ever from a so-called Republican. If I were Hayworth, I’d be all over that comment and I wouldn’t let him weasel away from it either.

Here’s a guy who claims America tortures prisoners and then will give a tyrant carte blanche to lock up prisoners without charges indefinitely? Why is *that* not torture??

McCain has got to go. Take him out, JD. PLEASE make him go away.


33 posted on 04/18/2010 7:27:56 PM PDT by OrangeHoof (Washington, we Texans want a divorce!)
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To: AuntB; DoughtyOne; exit82; TigersEye; cripplecreek; mkjessup; stephenjohnbanker; Frantzie; ...
*Ping!*
34 posted on 04/18/2010 7:29:06 PM PDT by rabscuttle385 (Live Free or Die)
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To: rabscuttle385

An “enemy belligerent” is anybody who opposes the Washington ruling class.


35 posted on 04/18/2010 7:29:25 PM PDT by E. Pluribus Unum (FYBO: Islam is a religion of peace, and Muslims reserve the right to kill anyone who says otherwise.)
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To: rabscuttle385; onyx
What is the publication?

Leftover Birch Society crapola?

That would make sense coming from you.

36 posted on 04/18/2010 7:31:11 PM PDT by Lakeshark (Thank a member of the US armed forces for their sacrifice)
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To: rabscuttle385

Man, the king would then only have to pronounce a disfavored citizen as an enemy belligerant and bingo—they will be disappearing into prisons as fast as people do in N. Korea and China. Has Alzheimers started to affect mclame?


37 posted on 04/18/2010 7:33:54 PM PDT by freeangel ( (free speech is only good until someone else doesn't like what you say))
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To: Jim Robinson; Admin Moderator

Thomas R. Eddlem = LewRockwell.com

The New American = John Birch Society


38 posted on 04/18/2010 7:34:35 PM PDT by onyx (Sarah/Michele 2012)
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To: rabscuttle385

HOW did this dumbass graduate from college?


39 posted on 04/18/2010 7:35:15 PM PDT by Mr. K (This administration IS WEARING OUT MY CAPSLOCK KEY!)
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To: omega4179

Post. Of. The. Day.


40 posted on 04/18/2010 7:35:47 PM PDT by thoolou ("I may have invented it, but Bill made it famous." - David Bradley, inventor of Ctrl-Alt-Del)
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To: rabscuttle385
In other words, the right to trial by jury guaranteed by the U.S. Constitution would no longer be a right

Correct me if I am wrong, but doesn't this bill deal only with battles fought by US forces on foreign soil? In that case, do we really want to mandate that our troops have to read the bad guys their Miranda rights before dropping a JDAM?

41 posted on 04/18/2010 7:35:48 PM PDT by Thane_Banquo (Mitt Romney: He's from Harvard, and he's here to help.)
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To: rabscuttle385

And this sorry piece of #@$%^&* was the Republican nominee?

This country is toast, sorry. This man is just as evil as the demonrats.


42 posted on 04/18/2010 7:36:39 PM PDT by TruthConquers (Delendae sunt publicae scholae)
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To: Lakeshark

Thomas R. Eddlem: Archives
Past articles by Thomas R. Eddlem on LewRockwell.com

He found Lew Rockwell’s favorite writer too.


43 posted on 04/18/2010 7:36:45 PM PDT by onyx (Sarah/Michele 2012)
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To: omega4179
I wonder how McCain liked being held indefinitely without trial.

It wasn't the being held that was a problem, that what happens when you get shot down, or otherwise captured and become a POWs. The conditions under which he and the rest of the 4th Allied POW Wing were held, those were a major problem. Being a POW of the Taliban or AlQaeda would be different yet, you'd probably not be held indefinitely, and you'd also likely not keep your head for long either.

Why do you think he was so against water-boarding, or any other form of physical coercion.


44 posted on 04/18/2010 7:39:05 PM PDT by El Gato ("The second amendment is the reset button of the US constitution"-Doug McKay)
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To: onyx; Jim Robinson; Admin Moderator; mkjessup; stephenjohnbanker
Thomas R. Eddlem = LewRockwell.com
The New American = John Birch Society

And what's your point, onyx? This article isn't from Lew Rockwell's site, and other FReepers have posted JBS/New American articles over the years with no issues whatsoever.

Everything in the original post is sourced (and linked, as appropriate) to U.S. Federal government Web sites, as it appeared originally. I don't see what the problem is with the original post, unless you have a problem with *me* personally.

45 posted on 04/18/2010 7:39:18 PM PDT by rabscuttle385 (Live Free or Die)
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To: nagdt
I seriously doubt this would be aimed at law-abiding folks.

What, are you high?

46 posted on 04/18/2010 7:39:34 PM PDT by roamer_1 (Globalism is just Socialism in a business suit)
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To: onyx; rabscuttle385; All
Bwahahahahahahaha!

The great "conservativist" Rabs posting something as truth from a Le Rockwell guy.

What a joke.

47 posted on 04/18/2010 7:42:10 PM PDT by Lakeshark (Thank a member of the US armed forces for their sacrifice)
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To: Man50D; pissant; Frantzie; DoughtyOne; AuntB; mkjessup; stephenjohnbanker; donna; UCFRoadWarrior; ..

See 31, 36, 38, and 43 for onyx’s and Lakeshark’s Alinky-style attempts to have JR and the AM ban me.


48 posted on 04/18/2010 7:42:20 PM PDT by rabscuttle385 (Live Free or Die)
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To: rabscuttle385

Of course SARAH PALIN is still endorsing him?

Why, oh why are people nearly worshpping her when she is betraying conservatives through endorsing a scoundrel like McPain? What does it take to STOP VOTING for PEOPLE LIKE THIS? These “good ole boy” types are a major part of the problem and keep the RINO’s in positions of power.

Tell sarah Palin to SHUT UP in endorsing McPain in the arse.


49 posted on 04/18/2010 7:42:47 PM PDT by nmh (Intelligent people recognize Intelligent Design (God).)
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To: rabscuttle385
S 3081 IS

111th CONGRESS

2d Session

S . 3081

To provide for the interrogation and detention of enemy belligerents who commit hostile acts against the United States, to establish certain limitations on the prosecution of such belligerents for such acts, and for other purposes.

IN THE SENATE OF THE UNITED STATES

March 4, 2010

Mr. MCCAIN (for himself, Mr. LIEBERMAN, Mr. INHOFE, Mr. BROWN of Massachusetts, Mr. WICKER, Mr. CHAMBLISS, Mr. LEMIEUX, Mr. SESSIONS, and Mr. VITTER) introduced the following bill; which was read twice and referred to the Committee on the Judiciary


A BILL

To provide for the interrogation and detention of enemy belligerents who commit hostile acts against the United States, to establish certain limitations on the prosecution of such belligerents for such acts, and for other purposes.

SECTION 1. SHORT TITLE.

SEC. 2. PLACEMENT OF SUSPECTED UNPRIVILEGED ENEMY BELLIGERENTS IN MILITARY CUSTODY.

SEC. 3. INTERROGATION AND DETERMINATION OF STATUS OF SUSPECTED UNPRIVILEGED ENEMY BELLIGERENTS.

SEC. 4. LIMITATION ON PROSECUTION OF ALIEN UNPRIVILEGED ENEMY BELLIGERENTS.

SEC. 5. DETENTION WITHOUT TRIAL OF UNPRIVILEGED ENEMY BELLIGERENTS.

SEC. 6. DEFINITIONS.

SEC. 7. EFFECTIVE DATE.


50 posted on 04/18/2010 7:46:29 PM PDT by Texas Fossil (Government, even in its best state is but a necessary evil; in its worst state an intolerable one.)
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