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Boston bombing suspect charged, will not be treated as enemy combatant
Fox News ^ | April 22, 2013 | Staff

Posted on 04/22/2013 10:42:57 AM PDT by Envisioning

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To: CondorFlight

To be truthful, Oswald didn’t survive long enough to get a trial.


51 posted on 04/22/2013 11:11:10 AM PDT by Blood of Tyrants (Inside every liberal and WOD defender is a totalitarian screaming to get out.)
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To: LibFreeUSA

If you’re an American citizen, you need to stick to the Constitution, because it’s our “We The People’s” only protection against tyranny here. I know everyone wants to get tough on these a-holes, but we have to proceed carefully on how things get done. Once you break new ground, we will never be able to re-take it again.


Exactly !


52 posted on 04/22/2013 11:11:58 AM PDT by laplata (Liberals don't get it. Their minds have been stolen.)
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To: Envisioning

You could try and revoke his citizenship and then go the enemy combatant route, but that would likely tie-up the entire federal court system until he was eligible for Social Security.


53 posted on 04/22/2013 11:12:08 AM PDT by Buckeye McFrog
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To: 353FMG
-"Police perform house-to-house raids in Watertown MA ripping innocent families from their homes"

Man, I just saw that. THAT is NOT cool!!!

I haven't seen this reported anywhere, other than they were doing 'house to house' searches, which I presumed was done within the confines of the law and cooperating citizens. When you have guns pointed at you, and you're made to walk out like a criminal, it looks like they have a 'warrant', but they don't.

54 posted on 04/22/2013 11:14:37 AM PDT by LibFreeUSA
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To: dragnet2

All he has to say that he was gay, and the court will sentence society to life in prison for making him lash out because we didnt embrace his kink.


55 posted on 04/22/2013 11:14:47 AM PDT by VanDeKoik
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To: tsowellfan

He’s an American citizen plain and simple. His rights are the same as yours or mine. That cannot be argued.

What COULD be argued, is whether he attained his naturalization and citizenship under false pretenses. If so, I believe the existing law allows for stripping or nullification of his citizenship.

So far it seems the prosecutors are not going that route.


56 posted on 04/22/2013 11:14:54 AM PDT by bamahead (Few men desire liberty; most men wish only for a just master. -- Sallust)
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To: DouglasKC

I remember the mantra where some liberalsome newspeople and polticians claimed that the Tucson shooter was influenced by Sara Palin.


57 posted on 04/22/2013 11:16:23 AM PDT by tsowellfan (www.cafenetamerica.com)
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To: bamahead
What COULD be argued, is whether he attained his naturalization and citizenship under false pretenses. If so, I believe the existing law allows for stripping or nullification of his citizenship.

Exactly! Which is why I do not understand Rubio's argument that if "immigration" reform had already been in place the Boston Terror Attack never would have happened.

58 posted on 04/22/2013 11:18:32 AM PDT by tsowellfan (www.cafenetamerica.com)
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To: LibFreeUSA

Face it, Boston was experiencing undeclared Martial Law last week.


59 posted on 04/22/2013 11:20:41 AM PDT by tsowellfan (www.cafenetamerica.com)
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To: Envisioning

He is a US citizen. He is entitled to a civilian trial.

Perhaps this will shed light on the naturalization process and demonstrate that any kind of blanket amnesty represents a genuine security issue.

Tighter background checks are called for. Not looser ones.


60 posted on 04/22/2013 11:25:05 AM PDT by kidd
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To: kkalman
I became a US citizen in 1964. Part of the ceremony was an oath and the pledge of allegiance. He violated his oath so his citizenship should be revoked immediately.

Define "allegiance".

If the courts were to give a liberal interpretation to the oath you took, then the government should be able to strip you of your citizenship merely because you have posted something disagreeable about our dear leader Obama.

I don't think you want to go down that road.

61 posted on 04/22/2013 11:26:18 AM PDT by P-Marlowe (There can be no Victory without a fight and no battle without wounds.)
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To: bert; TigersEye
The logic is unassailable if you accept there is no war>>>>>>>>>>>>>>>>>

Oh there is a war alright. Look at what they did.

There is no doubt that the perps are enemy combatants.

Obama is about to reap the genuine disfavor of America by his decision NOT to treat them as enemy combatants:

 photo i68781159_szw565h2600__zps16b782ff.jpg

 photo i68780512_szw565h2600__zps23c2f61a.jpg

62 posted on 04/22/2013 11:29:19 AM PDT by Candor7 (Obama fascism article:(http://www.americanthinker.com/2009/05/barack_obama_the_quintessentia_1.html))
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To: Envisioning

Speaking as a Prosecutor of 25 years .... good.

The LAST thing we want is American Citizens being treated as enemy combatants. Own gun and say something bad about the POTUS? Enemy combatant. Own several assault weapon? Enemy combatant. You have NO idea the disaster this would be if he were so declared. There is NO upside to it.

Furthermore, why on EARTH would anyone want to suspend the Constitution and not have him tried in Federal Court? He’ll be convicted. Slam dunk. Why would we want the Terrorists to win and have them shut down our judicial system? I can’t think of a reason.

Hands down the correct decision to preserve our Republic.


63 posted on 04/22/2013 11:30:12 AM PDT by RIghtwardHo
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To: camle

Precedent has already sent set (in 1942):

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


64 posted on 04/22/2013 11:31:24 AM PDT by SoCal Pubbie
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To: DannyTN

It is this crazy GOP-led foolishness - they want him an EC, but won’t shut the borders down. Just like Bush - act tough, but keep the back door open.


65 posted on 04/22/2013 11:32:03 AM PDT by PghBaldy (12/14 - 930am -rampage begins... 12/15 - 1030am - Obama's advance team scouts photo-op locations.)
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To: Lazamataz

I think I mostly agree with you, but I have a problem with this “magical” naturalized citizen concept. I say “magical” because everyone seems to act like it’s a done-deal, even though he swore an oath to be a citizen that he didn’t mean or keep. Why doesn’t that come into play in determining his status and the venue?

If this (in my view, absurd) interpretation of naturalization is the standard, then I think the process toward the outcome you fear will be accelerated. Jihadists will use our mis-application of Constitutional protections against us, and things will then deteriorate to the point where we willingly allow all of us to be considered Enemy Combatants in order to fight the terror.

I think there should be a substantive difference between natural born and naturalized citizenship, certainly as far as “acts of war” against the US are concerned. The oath for citizenship needs to mean something. If it doesn’t, then immigration, itself, is insanity.


66 posted on 04/22/2013 11:32:28 AM PDT by Empire_of_Liberty
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To: tsowellfan

A US citizen has been tried, and executed, as an enemy combatant on US soil- 71 years ago.


67 posted on 04/22/2013 11:33:34 AM PDT by SoCal Pubbie
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To: LibsRJerks

Repressed social anxiety manifesting itself symbolically via pressure cooker bomb.


68 posted on 04/22/2013 11:34:05 AM PDT by Salamander (Like acid and oil on a madman's face, reason tends to fly away.....)
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To: camle

His citizenship can be stripped first since it appears he lied when he made his oath last September.

I think they need to strip him of his citizenship. He deserves no rights.

I think that would set a precedence that you can have your rights revoked if you lie under oath.

They can’t do that for people that were born here.

It is also a burden to prove someone lied, but i think this case shows it.


69 posted on 04/22/2013 11:34:32 AM PDT by luckystarmom
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To: Lazamataz

A person born here cannot be stripped, but a naturalized citizen can be.


70 posted on 04/22/2013 11:35:56 AM PDT by luckystarmom
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To: DannyTN

Wake up! The PRECEDENT HAS BEEN SET!

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

This is about whitewashing Islam and terror!


71 posted on 04/22/2013 11:37:06 AM PDT by SoCal Pubbie
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To: SoCal Pubbie
A US citizen has been tried, and executed, as an enemy combatant on US soil- 71 years ago.

Seems to me that in 2013 those in control in DC cannot even charge the guy as a "terrorist". No mention of the word. Nobody should be surprised about any of this pResident's decisions.

This government refuses to use "terrorist" and "Islam" in the same phrase. THIS is more concerning to me.

72 posted on 04/22/2013 11:37:19 AM PDT by tsowellfan (www.cafenetamerica.com)
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To: tsowellfan
Of course! That's what this decision to use the civil courts is all about!!!!
73 posted on 04/22/2013 11:38:40 AM PDT by SoCal Pubbie
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To: dead

Agreed.

Coal is expensive these days. Save the wattage and hang him.


74 posted on 04/22/2013 11:39:42 AM PDT by Dead Corpse (I will not comply.)
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To: 353FMG

I am so glad that I wasn’t required to make that decision. I told my wife when it was happening that people were being forced out of their houses without a search warrant. I just don’t know if I would have complied.

I know, mighty bold talk from a one eyed fat man, but still.


75 posted on 04/22/2013 11:40:26 AM PDT by wxgesr (I want to be the first person to surf on another planet (Uranus)
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To: SoCal Pubbie
"Operation Pastorius consisted of 12 English-speaking Germans who were trained as secret agents at the Brandenburg Sabotage School."

Problem is that the Obama administration has been dead set on NOT using the word "terrorism" and ignoring any possibility that these two guys may have had help or that they may have been trained outside the country. That's their narrative and has been since they lost their hopes that the bomber may have been a Tea Party Terrorist. Since identifying these two guys the term "terrorism" has been abandoned by these folks.

Obama made sure the charges were filed BEFORE all the investigations were concluded.

76 posted on 04/22/2013 11:45:21 AM PDT by tsowellfan (www.cafenetamerica.com)
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To: PghBaldy

Agreed. Same theme of going into Iraq to ‘prevent’ future terrorism, while at the same time not securing the borders. Illogical. One can’t complain about the threat of terrorism, while at the same time not doing the things required to shut down such a threat.


77 posted on 04/22/2013 11:52:48 AM PDT by Theoria
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To: camle
no, this is what they did to macveigh. he’s a us citizen on us soil. if we lose our constitutional protections in this case, it will set a dangerous precedent. we can’t have justice by lynch mob.

Well said. We need to keep our wits about us, and not let our emotions override our reasoning. Above all else, the Constitution must be defended!

78 posted on 04/22/2013 11:53:13 AM PDT by Always A Marine
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To: dragnet2

He ate too many Tweenkies


79 posted on 04/22/2013 11:53:29 AM PDT by Pontiac (The welfare state must fail because it is contrary to human nature and diminishes the human spirit.)
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To: Envisioning

If you have proof they acted at the order or request of an entity from overseas that is engaged in combqt with the US then he can be seen as an enemy combatant. right now there is really no difference between him and the guy awaiting trial for Aurora. McVeigh blew up a federal bldg and killed federal employees and was tried in open federal court. Do you really want to give this or any administration the power to claim Americans as enemy combatants who are not clearly identified as fighting against American forces in the company of our enemy.?


80 posted on 04/22/2013 11:59:18 AM PDT by xkaydet65
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To: Empire_of_Liberty

The INS may seek denaturalization if the applicant made a false oral statement under oath (regardless of whether the testimony is material) with the subjective intent of obtaining immigration benefits. Alternatively, the INS may seek denaturalization if the applicant procured naturalization by concealment or willful misrepresentation of a material fact. In either case, the INS must prove its complaint by clear, unequivocal, and convincing evidence.

http://www.justice.gov/olc/ina340.htm


81 posted on 04/22/2013 12:02:15 PM PDT by Pontiac (The welfare state must fail because it is contrary to human nature and diminishes the human spirit.)
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To: LibsRJerks

Road Rage


82 posted on 04/22/2013 12:15:23 PM PDT by ri4dc (Cut your cable. You'll need the extra dough later on. 'This war is lost!' The worst is yet to come.)
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To: Empire_of_Liberty

Pretty damned good analysis. Good work.


83 posted on 04/22/2013 12:17:11 PM PDT by Lazamataz ("AP" clearly stands for American Pravda. Our news media has become completely and proudly Soviet.)
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To: Pontiac
The INS may seek denaturalization if the applicant made a false oral statement under oath (regardless of whether the testimony is material) with the subjective intent of obtaining immigration benefits. Alternatively, the INS may seek denaturalization if the applicant procured naturalization by concealment or willful misrepresentation of a material fact. In either case, the INS must prove its complaint by clear, unequivocal, and convincing evidence.

As the reference goes on to explain, such evidence must be established in either a judicial or an administrative proceeding; however, the naturalized citizen may appeal for judicial review of any adverse decision. In other words, every citizen has a right to trial in a court of law.

The Constitution is our best friend; it is the head that whispers warnings against doing things that our emotions scream at us to do.

84 posted on 04/22/2013 12:20:55 PM PDT by Always A Marine
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To: Pontiac

That sounds reasonable (if not a little legalistic) if nothing else is going on except trying to remove a naturalized citizen’s citizenship for the causes mentioned. A nice, little, boring episode of “Law and Order”.

Of course, that’s not what we’re talking about here, at all. It’s hard to see how the Boston Marathon bombing could NOT be considered a terrorist attack on the US and its citizens, and that this would have direct implications on the validity of his oath of citizenship. Since this determines the protections he receives and the manner in which he is tried, I would think that a Judge who can chew gum and walk at the same time can review this and make an appropiate determination before any trial.


85 posted on 04/22/2013 12:24:35 PM PDT by Empire_of_Liberty
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To: Buckeye McFrog

“...until he was eligible for Social Security.”

With the injuries he sustained, he’s probably eligible for SS disability right now. /s


86 posted on 04/22/2013 1:01:17 PM PDT by beelzepug (Telling other people they need to die is a good way to get your own lamp blown out.)
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To: luckystarmom
They can’t do that for people that were born here.

Oh, yes they can.

8 USC § 1481 - Loss of nationality by native-born or naturalized citizen; voluntary action; burden of proof; presumptions

(a) A person who is a national of the United States whether by birth or naturalization, shall lose his nationality by voluntarily performing any of the following acts with the intention of relinquishing United States nationality—

snip

(7) committing any act of treason against, or attempting by force to overthrow, or bearing arms against, the United States, violating or conspiring to violate any of the provisions of section 2383 of title 18, or willfully performing any act in violation of section 2385 of title 18, or violating section 2384 of title 18 by engaging in a conspiracy to overthrow, put down, or to destroy by force the Government of the United States, or to levy war against them, if and when he is convicted thereof by a court martial or by a court of competent jurisdiction.


So, yes, there is a way to do so...legally.

87 posted on 04/22/2013 1:03:43 PM PDT by TigersEye (If babies had guns they wouldn't be aborted)
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To: Envisioning
DoJ response: Suspect in Boston Marathon Attack Charged with Using a Weapon of Mass Destruction
88 posted on 04/22/2013 1:03:49 PM PDT by Daffynition (The essential American soul is hard, isolate, stoic, and a killer. It has never yet melted. — D.H.)
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To: SoCal Pubbie

Yep....interesting too that this Marxist government under Obama now says that a presser cooker is a WMD...but for years..all of the precursors of chemical,biological,and nuclear weapons found in Iraq were not proof of any WMDS in Iraq according to many of these same people.

This country is doomed!


89 posted on 04/22/2013 1:06:43 PM PDT by penelopesire (TIME FOR OBAMA TO ANSWER FOR BENGHAZI UNDER OATH!!)
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To: bamahead

Your method of dealing with the terrorist will encourage them based on our “WEAKNESS.” Serve in real combat and kill a man where his blood hits you. You have not been there. I am not proud of allowing a Rhade to put a bullet through a tax collectors heart as I bent over to apply a tourniquet on his leg. I did understand what he said-”if we let him live-our families will be killed.” I hate to say you need to read the Koran and realize it is not a religion we even want in this country.


90 posted on 04/22/2013 1:26:27 PM PDT by Lumper20 (`)
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To: bamahead

Your method of dealing with the terrorist will encourage them based on our “WEAKNESS.” Serve in real combat and kill a man where his blood hits you. You have not been there. I am not proud of allowing a Rhade to put a bullet through a tax collectors heart as I bent over to apply a tourniquet on his leg. I did understand what he said-”if we let him live-our families will be killed.” I hate to say you need to read the Koran and realize it is not a religion we even want in this country.


91 posted on 04/22/2013 1:27:43 PM PDT by Lumper20 (`)
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To: Candor7

I had not seen those photos. I don’t understand how anyone, especially the President of the United States, given the certainty of an Islamic connection, could see that carnage and deny there is a war.

I have come to believe that the leftist americans, enemies of our Republic, believe that war ended in Vietnam. The book was closed. There is no more war. Therefore there is only Criminal activity on a massive international scale.

That is a Neo Europan ideaology springing like a deadly cancer from the centroid, Boston.


92 posted on 04/22/2013 1:35:24 PM PDT by bert ((K.E. N.P. N.C. +12 .....History is a process, not an event)
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To: Always A Marine

No need for denaturalization.

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


93 posted on 04/22/2013 1:44:05 PM PDT by SoCal Pubbie
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To: bert

We all need to look at these photos. Its horrid. Its what happened on US soil.

These evil jihadists terrorists and their silent supporters need to be rooted out, deported and/or tried.

It is WAR.

Instead we have fascist loonies in charge of Washington who think all they need is a few social programs and more threats of raising taxes in order to shut up patriots. Obama is an immigrant and should not occupy the office.. He will not do anything. But WE THE PEOPLE will. Its just a matter of time.


94 posted on 04/22/2013 1:46:53 PM PDT by Candor7 (Obama fascism article:(http://www.americanthinker.com/2009/05/barack_obama_the_quintessentia_1.html))
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To: don-o

The Koran states that there are four ways in which infidels should be treated.

1. That they should be converted to Islam, OR

2. That they should be conquered and made to pay tribute, AND

3. That they should be oppressed, e.g. in the exercise of their religion. Examples:

a. They shall not be permitted to build, or expand houses of worship and related properties.

b. They should wear identifying clothing or emblems so that the faithful can readily identify them (e.g. like the Nazis required the Star of David)

4. OR that they shall be slain - - and the preferred method is by beheading.

Yes, all of this is actually in the Koran. So if the Koran is the literal word of Allah, and if you are faithful to Islam, then it is your duty to treat infidels accordingly.

By the way, the Koran also allows/encourages Muslims to lie to infidels to further the faith and the objectives of the Ummah (the Muslim community).


95 posted on 04/22/2013 2:49:40 PM PDT by Lumper20 (`)
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To: camle

Yes, I agree. Unfortunately, he is a U.S. citizen, and as such, should be afforded rights given to us by our Constitution. To do otherwise puts every other citizen in danger.


96 posted on 04/22/2013 3:21:38 PM PDT by chickpundit
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To: Southack

How do we know they were Police? They all looked like incompetent wanna be military to me!


97 posted on 04/22/2013 3:30:02 PM PDT by Red_Devil 232 (VietVet - USMC All Ready On The Right? All Ready On The Left? All Ready On The Firing Line!)
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To: Envisioning

The wot is over. BHO won, so now there are no enema combatants.


98 posted on 04/22/2013 3:31:00 PM PDT by Eleutheria5 (End the occupation. Annex today.)
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To: Envisioning

He’s an American citizen.

The Constitution applies to him.

Thank the immigration policy that welcomes Moslems.


99 posted on 04/22/2013 3:32:47 PM PDT by onyx (Please Support Free Republic - Donate Monthly! If you want on Sarah Palin's Ping List, Let Me know!)
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100 posted on 04/22/2013 3:35:01 PM PDT by onyx (Please Support Free Republic - Donate Monthly! If you want on Sarah Palin's Ping List, Let Me know!)
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