Posted on 08/17/2010 12:39:28 PM PDT by ButThreeLeftsDo
RICHMOND, Va. - A judge on Tuesday dismissed piracy charges against six Somali nationals accused of attacking a Navy ship off the coast of Africa, concluding the U.S. government failed to make the case their alleged actions amounted to piracy.
The dismissal of the piracy count by U.S. District Judge Raymond A. Jackson tosses the most serious charge against the men, but leaves intact seven other charges related to the alleged April 10 attack on the USS Ashland in the Gulf of Aden. A piracy conviction carries a mandatory life term.
(Excerpt) Read more at startribune.com ...
Next time, make them walk the plank.
Another leftist judge protects criminals.
I think the US Navy now knows that if something like this happens again to leave no quarter and let the sharks dispose of the results.
Its a mistake to extend US judicial authority to acts of war and piracy ten thousand miles away.
Shoot them, or set up a piracy court in Djibouti and hang them there.
Affirmative Action Clinton Appointed Judge. Elections have consequences and Judges like this are the result of foolish actions by American Voters. Funny though. I’ll bet a large number of those fools who voted for Bill Clinton are appalled by this Judge’s decision.
So let me guess, now they get to live in our country for free forever.
If there was an attack, wouldn’t that be enough to go after the pirates on?
You’ll all be shocked to learn that he is a Clinton appointee.
They will get citizenship in minnesota plus endless govt benefits.
And the libtards are scratching their heads wondering why we are opposed to Gitmo trials in NYC...............
The Russian Plan is very good.................
So lets look at the judges logic:
Jackson agreed in his ruling, finding that the government “failed to establish that any unauthorized acts of violence or aggression committed on the high seas constitutes piracy as defined by the law of nations.
But look at dictionary.com’s definition of piracy
1. practice of a pirate; robbery or illegal violence at sea.
-AND-
In the United Nations Convention on the Law of the Sea (UNCLOS) of 1982, “maritime piracy” consists of:
(a) any illegal acts of violence or detention, or any act of depredation, committed for private ends by the crew or the passengers of a private ship or a private aircraft, and directed:
(i) on the high seas, against another ship or aircraft, or against persons or property on board such ship or aircraft;
(ii) against a ship, aircraft, persons or property in a place outside the jurisdiction of any State;
(b) any act of voluntary participation in the operation of a ship or of an aircraft with knowledge of facts making it a pirate ship or aircraft;
(c) any act of inciting or of intentionally facilitating an act described in subparagraph (a) or (b).[108]
-so it is hard for me to follow this judge’s ruling.
Hmmmm, wonder which produces better results - a judge (having the typical marshmallow law education), or a good old Navy missile?
Next time, smoke ‘em of you’ve got ‘em (in your sights)..
Screw the law...after all, our president and his idiots do all the time.
Our military continues to get punished for taking prisoners.
If those guys aren’t pirates, who is?
Is there a picture of “The Judge?”
Don’t waste a missile...give the boys on deck some practice with a deck gun.
These are frickin pirates. Why do we capture them and try them in US court like they are US criminals??? The Navy needs to take a page from the Russian playbook and kill them.
Another Islamic Terrorist Rights liberal....
Would it help to know that his middle name is Alvin?
According to the judge, they didn’t successfully complete their act of piracy, so it wasn’t piracy? So, isn’t there a penalty for attempted piracy, just as there would be for attempted murder?
Thanks, many things are explained by a picture.
Let's ask the question a different way: the bad guys who attacked the USS Cole ... were they pirates?
I guess the question is: did the US demonstrate that the bad guys actions were committed "for private ends," (i.e., for economic gain) as opposed to some other violent reason?
It's not that difficult to recognize the difference between a Navy ship and a merchant one.... One might argue (in technicalities) that the pirates had a more "military" purpose, rather than a piratey purpose.
Such as ... identifying bigots and racists among FReepers.
Gonna have to be pretty fast with that shovel. };^)
I gave up long ago trying to follow libtard logic. Maybe you need to smoke a bong to understand.
I’m in IT and have to do a lot of “and” vs “or” comparisons. If you are careful with the wording, these guys qualify as pirates by meeting two conditions:
1) any illegal acts of violence or detention
and
2) directed:
(i) on the high seas, against another ship or aircraft
The clause “for private ends” is not required to meet the definition of priate. Rather, it is there to provide cover for those acting under privateering, which could be (but was not) authorized by their national authorities.
the middle ‘s’ here appears to be sink,
as in deep six
as in no crater in water
8-) shoot, sink, shut up.
the shut up rule now applies including discussion over drinks as you can’t tell who’s listening anymore. (a case may be made you didn’t ever know who was listening in)
woerm
According to the article, the judge relied on the Smith decision of 1820, which states, "We have therefore no hesitation in declaring that piracy, by the law of nations, is robbery upon the sea.
Was a robbery committed or attempted? Probably ... but the prosecutors have to demonstrate intent here, as the bad guys never got close enough to commit an actual act of robbery. It's up to the prosecutors to show that they had that sort of thing in mind.
Part of due process is that the prosecutors have to have solid grounds for their charges.
In addition, those devoted to the non sequitur.
As a scientist, you must have be exposed to the rudiments of statistics. HyperLibroidism is much more common amongst America’s blacks than its whites.
Therefore the picture does have predictive value.
What is it like being a scientist in a state where Boulder Dementia Syndrome (BDS)is spreading like a rash?
Just google the name and do the bio!
Right. Looks to me that the charges were dismissed because they were unsuccessful......
According to the article, the judge several times challenged the prosecution to demonstrate -- beyond arm-waving -- that what these guys did was "piracy," according to the Smith decision. The relevant statute dates back to 1819.
The gov't apparently didn't show intent, much less actualy robbery, to the judge's satisfaction....
An appeal is likely, and will hinge on whether an attempt of any sort is actually "robbery." My guess is that the appeal will fail .... even though probably nobody truly doubts that these guys actually had piracy in mind.
As the Russians do.
It’s a sad state of affairs, alright......
A non-sequitur, you say.... And yet it was you who said, "thanks, many things are explained by a picture" of Judge Jackson.
Suppose you tell me what a picture of the judge "explained" to you ... other than the rather obvious fact that he's black?
And his being black would matter ... how?
In Piracy and Terror, no prisoners required!
I collect photographs as I am a devotee of Sheldon’s Somatotype Theory as applied to imbecility.
Another Clinton appointee—probably with the blessing of Hatch, McCain et al. Of course, Juan McCain made it impossible for Bush to get his choices through the senate by creating the Gang of 14, thereby doing away with the “nuclear option!” Thanks again, Juan.
But even in US vs Smith it sites the law of nations for it’s source. The law of nations is always in a state of flux adjusting and changing to meet new criteria. Further, under the Constitution, Treaties hold a special weight being the supreme Law of the Land.
Thus, in my not so humble but totally not legal, opinion, the judge should have given more weight to current international law definition.
In fact, now that I think about it would you post your photograph? In line with Sheldon’s theory, if you decide to post a picture, dress in a loin cloth, then have your picture taken full length front, side and back. Thanks in advance for furthering science.
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