Court Rules in Favor of Enemy Combatant

breitbart ^ | Jun 11 03:44 PM US/Eastern | ZINIE CHEN SAMPSON AP

[Ernest_at_the_Beach]

RICHMOND, Va. (AP) - The Bush administration cannot use new anti-terrorism laws to keep U.S. residents locked up indefinitely without charging them, a divided federal appeals court said Monday.

The ruling was a harsh rebuke of one of the central tools the administration believes it has to combat terror.

"To sanction such presidential authority to order the military to seize and indefinitely detain civilians, even if the President calls them 'enemy combatants,' would have disastrous consequences for the constitution—and the country," the court panel said.

In the 2-1 decision, the 4th U.S. Circuit Court of Appeals panel found that the federal Military Commissions Act doesn't strip Ali al-Marri, a legal U.S. resident, of his constitutional rights to challenge his accusers in court. It ruled the government must allow al-Marri to be released from military detention.

The government intends to ask the full 4th Circuit to hear the case, Justice Department spokesman Dean Boyd said.

[Ernest_at_the_Beach]

The ACLU is gonna be BUSY!

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There is a book (now available in paperback ):

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Unholy Alliance: Radical Islam and the American Left
(Hardcover)
by David Horowitz

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And reviews:

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Editorial Reviews

Rich Lowry, Editor National Review

David Horowitz is synonymous with pyrotechnics. A historian and polemicist of the first order, he is paid the ultimate compliment --This text refers to the Hardcover edition.

Davis Hanson, Author, Ripples of Battle

An original look at those who want us to fail in the Middle East, both at home and abroad. The --This text refers to the Hardcover edition.

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See all Editorial Reviews

Fascinating Analysis of Leftist Goals, August 13, 2006

Reviewer: N. Sincerity - See all my reviews

A former 1960s radical, Horowitz is well-acquainted with the Leftist mindset. In this book, he strives to explain the modern alliance between left wing progressivists and radical Islamofascists. He argues that this alliance is based on a common desire to destroy Western capitalism. Leftist sympathy with Islamofascist ideas makes no sense from an intellectual point of view, given that countries ruled by radical Islamists are among the most racist, sexist, theocratic states in the world today. However, Leftists have recognized that they can benefit politically from destructive terrorist attacks on the Western world. A West under attack can be made to turn on its leaders in fear and desperation (as they did in Spain after the Madrid train bombings). Only once people reject current government structures can the Left execute its anti-capitalist revolution and build a new reality that mirrors the Leftist view of utopia.

The complete and utter idealogical hypocrisy of the Islamofascist-Leftist alliance is distressing, but as Horowitz reminds us,

Leftists radicals truly believe the ends justify the means.

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[jwalsh07]

The court held that confirmed terrorists within US borders are not enemy combatants. I’d think about that for a bit begore applauding it. Think about thousands of Al Qaeda attacking in America and the precedent set by this court. The precedent is that our military guys would be breaking the law by taking up arms ahgainst Al Qaeda infiltrators. Somehow, I just can’t applaud that jurisprudence. An enemy combatant is no less an enemy combatant be they gere in America or there in Afghanistan. It’s a silly opinion.

[Defiant]

This decision is flatly, undeniably and ridiculously WRONG, not correct. An enemy combatant is one no matter where we find him or what his country of origin, even when he is found in the US and was born here. He can still be a member of the Iranian army or al-Quaida, and they are our enemy, and we can shoot them, detain them or whatever we want when we are at war with them. To think otherwise is to allow the enemy sanctuary INSIDE the US that we would not give them on the battlefield. That has it backwards.

[Defiant]

This decision is flatly, undeniably and ridiculously WRONG, not correct. An enemy combatant is one no matter where we find him or what his country of origin, even when he is found in the US and was born here. He can still be a member of the Iranian army or al-Quaida, and they are our enemy, and we can shoot them, detain them or whatever we want when we are at war with them. To think otherwise is to allow the enemy sanctuary INSIDE the US that we would not give them on the battlefield. That has it backwards.

[Tarpon]

Well if you take up arms against your country, is that not treason. Why I do believe it is. And the penalty is ...

[Defiant]

Your suggestions are noted, but it is up to the commander in chief how to handle enemy combatants, and up to the commander, and his soldiers in the field to identify them. If the CIC wants to cede some of his authority to a civilian court, that’s up to him, but he need not.

[Defiant]

The ACLU will be in there with them, if we are forced to fight this as a real war, and not a pansy, half-assed war.

[Erik Latranyi]

If the CIC wants to cede some of his authority to a civilian court, that’s up to him, but he need not.

I agree that the CIC should have this authority. I guess this will be a SCOTUS showdown.

[Ernest_at_the_Beach]

I'm curious...how do you fight this as a REAL War?

Where do we send the B-52's?

[Carl LaFong]

Ali al-Marri—coming soon, hurtling a 757 into a skyscraper near you.

[Gideon Reader]

The court has provided the clearest of clear answers to the problem of what to do with enemy combatants.

When captured on the battlefield, the subjects of inquiry are to be wrung dry of tactical intelligence, regardless of how, searched for strategic intelligence related material, and within seventy two hours released, doubled back as cooperating operatives or killed outright.

[sport]

When they release him, he should be released in one of three places:
1. Washington D.C.
2. San Francisco, California
3. Los Angles, California
When they release him, they should give him a knife and pistol with a lot of ammo.

[Ernest_at_the_Beach]

Related thread:

'Sleeper cell' had S.D. ties, jury told [San Diego]

[Dog]

Heaven help us Ernest.

[lowbridge]

Court Rules in Favor of Enemy Combatant

''If it was up to me, I would close Guantánamo. Not tomorrow, but this afternoon. I'd close it,'' he said.

''And I would not let any of those people go,'' he said. ``I would simply move them to the United States and put them into our federal legal system. The concern was, well then they'll have access to lawyers, then they'll have access to writs of habeas corpus. So what? Let them. Isn't that what our system is all about?'' -Colin Powell

Colin Powell: Close Guantánamo Prison Camps

[Dog]

Lord help us..

They are going to get us all killed.

[Lurking Libertarian]

Well if you take up arms against your country, is that not treason. Why I do believe it is. And the penalty is ...

...determined by a civilian court.

U.S. Constitution, Article III, section 3: "No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court."

[condo_living_is_nice]

The Enemey Within™, strikes again...

[microgood]

This decision— which is correct in my view— has nothing to do with the detainess at Gitmo, who are all aliens who were seized on the battlefield overseas.

I would agree with you. The problem is with who is in possession of the person, in this case the military. That would be like Hillary sending all her political enemies to Gitmo, without any judicial intervention whatsoever, for an indefinite period of time (her presidency).

[Marine_Uncle]

Tie him between to huge insulators (ground, second terminal connected to power supply).
Power supply = ten million volts at 10,000 Amperes 60 herz.
Throw knife switch.
Let God re-assemble his atomic structure as fits HIM.