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Appropriate Justice for Terrorists:Using Military Tribunals Rather Than Criminal Courts
FindLaw.com ^ | Sep. 28, 2001 | John Dean

Posted on 11/01/2001 3:58:19 AM PST by Polybius

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Comment #41 Removed by Moderator

Comment #42 Removed by Moderator

To: Colt .45
"The Ballot box"

I'm glad you included that.
It never ceases to amaze me that the number of people who actually vote is so low,
but the number of people who complain is always much higher.
"One of the penalties for refusing to participate in politics
is that you end up being governed by your inferiors." PLATO

43 posted on 11/16/2001 1:09:40 PM PST by 68-69TonkinGulfYachtClub
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To: packrat01
Thanks for alerting me to this thread!
44 posted on 11/16/2001 1:09:40 PM PST by 68-69TonkinGulfYachtClub
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To: amom; Alamo-Girl; Yellow Rose of Texas
ping
45 posted on 11/16/2001 1:09:41 PM PST by 68-69TonkinGulfYachtClub
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Comment #46 Removed by Moderator

To: Polybius
Good move on the Presiden't part. We won't have to be be seeing any OJ-like jurors, who are so stupid they can't walk straight in the road.
47 posted on 11/16/2001 1:09:50 PM PST by swampfox98
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Here's the process of my thoughts on the matter of tribunals: if Judge Sanders Sauls or one as like him were sitting the trials, I would trust the outcome to be a fair hearing; if any one of the liberal morons of the Florida Supreme Court were sitting the bench at the tribunal, I'd be oiling my rifle and loading clips, to institute a more direct verdict after the leftist puke turned the terrorist loose ... and don't tell me the leftist fools of Scofla would be more fair; the democrat liberals have been packing the federal courts for too long ... just look at the Leahy faction efforts to block ANY judge appointment that's not liberal by his definitions of Kennedy's!
48 posted on 11/16/2001 1:09:50 PM PST by MHGinTN
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To: gumbo
"Look for super-brilliance emanating from me this weekend."

HA!
Ahhh...sure, gumbo.
But look; be a good fellow, now.At least tell CPowell he has 'till the end of the week to clean out his desk, & turn in his keys to the Men's Room, anyway.

Would *only* be Hoyle to the ol' General...

49 posted on 11/16/2001 1:09:50 PM PST by Landru
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To: Polybius
The point is moot.

My prediction is that some 16-year old Pashtun rifle company commander is going to show up with a few of his 14-year old friends (who have 20 years combat experience between them) holding a bloody sack wanting to know where their 10-million American dollars are before they'll let anyone take a peek inside the bag.

My suggestion to whomever it is that these kids choose to contact not have a smart look on their face when they meet them.

Just pay them the money and let them know that there are businessmen in the UK, Germany, and California who said they'd add to the pile.

These kids will want gold too. Paper money isn't going to cut it.

50 posted on 11/16/2001 1:09:51 PM PST by The KG9 Kid
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To: Dan Day; Alas
"Show me where in either the Constitution or the Declaration of Independence where the foudners are addressing other than those who will make up the country, the citizen owners."

Here is a constitutional lawyers perspective on non-citizens rights
"As far as the Constitution is concerned, aliens, which is to say non-citizens, are here at this country's pleasure.
They have no constitutional right to be here."
Author: Ann Coulter Future Widows of America: Write your Congressman
51 posted on 11/16/2001 1:09:53 PM PST by 68-69TonkinGulfYachtClub
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To: Polybius
i like the idea. of course the ACLU will cry and moan, but it sounds fair to me,
especially with the nazi conviction/death penalty ratio.
we all know the defense attorney's try to pick the bleeding heart juries. i've been on enough juries to know this.

like the line from the movie 'one eyed jacks' when karl malden told marlon brando:

'oh, i'll give you a fair trial.....and then i'm going to hang you'! (take note tali-terrorists)

52 posted on 11/16/2001 1:09:56 PM PST by rockfish59
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To: The Documentary Lady
If all the commies in Congress are having a hissy-fit about this, it must be bad news for America's enemies.
53 posted on 11/16/2001 1:10:14 PM PST by onedoug
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To: packrat01
...and thanks for the flag....
54 posted on 11/16/2001 1:10:14 PM PST by onedoug
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To: onedoug; packrat01
Thanks for the ping, packrat. onedog,"If all the commies in Congress are having a hissy-fit about this, it must be bad news for America's enemies." I, sadly, have to agree.
55 posted on 11/16/2001 1:10:16 PM PST by monkeywrench
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To: Polybius
I wholeheartedly support the use of military tribunals and it's upheld by the US Supreme Court.

Personally, I am opposed to the death penalty, but in the case of acts of war the perpetrators are entitled to the fruits of war.

The American people have suffered enough. The is no just reason to require the American people to make a case against an openly avowed foreign enemy who seeks death for Americans.

We have no obligation to offer the enemy the opportunity to seek our mercy.

We are a sovereign nation. We have the right to our own justice and our own defense. Surrender that, and you will have world-order tyranny.

56 posted on 11/16/2001 1:10:16 PM PST by GVnana
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To: boston_liberty
what ever happened to Ron Paul's bill for letters of Marque?

Like most of Paul's bills, it won't even get a hearing in committee.

57 posted on 11/16/2001 1:10:17 PM PST by sinkspur
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To: GVgirl
The American people have suffered enough. The is no just reason to require the American people to make a case against an openly avowed foreign enemy who seeks death for Americans.

Who decides if the civilian is a foreign enemy or not?

If a legal alien is arrested and charged with a cime, who decides whether or not he is to be tried before a military tribunal? And, to whom does he appeal this decision?

58 posted on 11/16/2001 1:10:21 PM PST by BabylonXXX
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To: Sabertooth; packrat01
"The Nazis sought to halt the proceedings with habeas corpus petitions, claiming that since the state and federal criminal courts were available, the military tribunal had no jurisdiction. The Supreme Court rejected the claims, and let the military tribunal's convictions of the men for violating the laws of war, spying and conspiracy stand. The Supreme Court noted:

"The … enemy combatant who without uniform comes secretly through the lines for the purpose of waging war by destruction of life or property, are familiar examples of belligerents who are generally deemed … to be offenders against the law of war subject to trial and punishment by military tribunals."

Since Congress hasn't declared war and there is no Constitutional prohibition against the use of military tribunals to address terrorism such as the September 11th attack, it is imperative for Congress to pass a law authorizing the use of Military tribunals against the terrorists who committed these atrocities.

Our criminal justice system is not equipped to handle terrorism of this scale, as the 1993 World Trade Center bombing cases showed. First, the threat of terrorist retaliation against jurors could result in not guilty verdicts based on juror fear, rather than lack of incriminating evidence. Secondly, sometimes relevant evidence may not be presented to the juries because of national security concerns. Finally, we cannot overlook the clear danger of gullible juries bamboozled by legal chicanery from unscrupulous lawyers like the O.J. "dream team." These problems would not be a factor with military tribunals. Furthermore, military personnel are trained to deal with war criminals. Military tribunals are far better equipped than regular criminal juries to render impartial and just verdicts in these types of cases.

59 posted on 11/16/2001 1:10:34 PM PST by Victoria Delsoul
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To: BabylonXXX
Who decides if the civilian is a foreign enemy or not?

It's not really a question of "civilians". It's a question of "foreign enemy." The tribunal decides if the individual is quilty of participation in/ or conspiracy to commit acts of war.

60 posted on 11/16/2001 1:10:39 PM PST by GVnana
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