POW's don't have full constitutional rights - Mercedes-Benz Forum

 
LinkBack Thread Tools Display Modes
post #1 of 6 (permalink) Old 02-20-2007, 11:20 AM Thread Starter
BenzWorld Elite
 
Date registered: Sep 2004
Vehicle: 95 E300
Location: Inside my head
Posts: 36,850
Mentioned: 0 Post(s)
Quoted: 392 Post(s)
(Thread Starter)
POW's don't have full constitutional rights

Court: Detainees Can't Challenge Cases

Feb 20 10:47 AM US/Eastern


By MATT APUZZO
Associated Press Writer


WASHINGTON (AP) -- Guantanamo Bay detainees may not challenge their detention in U.S. courts, a federal appeals court said Tuesday in a ruling upholding a key provision of a law at the center of President Bush's anti- terrorism plan.
The U.S. Court of Appeals for the District of Columbia Circuit ruled 2-1 that civilian courts no longer have the authority to consider whether the military is illegally holding foreigners.

Barring detainees from the U.S. court system was a key provision in the Military Commissions Act, which Bush pushed through Congress last year to set up a system to prosecute terrorism suspects.

The ruling is all but certain to be appealed to the Supreme Court, which last year struck down the Bush administration's original plan for trying detainees before military commissions.

The Military Commissions Act was crafted in response to that decision and the president hailed it as a necessary tool for bringing terror suspects to justice.

Civil libertarians and leading Democrats decried the law as unconstitutional and a violation of American values. The law allows the government to indefinitely detain foreigners who have been designed as "enemy combatants" and authorizes the CIA to use aggressive but undefined interrogation tactics.

But the most criticized provision of the law was the one stripping U.S. courts of the authority to hear arguments from detainees who said they were being held illegally.

Attorneys argued that the detainees aren't covered by that provision and that the law is unconstitutional.

"The arguments are creative but not cogent. To accept them would be to defy the will of Congress," Judge A. Raymond Randolph wrote.

U.S. citizens and foreigners being held inside the country normally have the right to contest their detention before a judge. The Justice Department said foreign enemy combatants are not protected by the Constitution.

Randolph and Judge David B. Sentelle ordered that the hundreds of cases pending in the lower courts be dismissed.

Judge Judith W. Rogers dissented, saying the cases should proceed.

"District courts are well able to adjust these proceedings in light of the government's significant interests in guarding national security," Rogers wrote.
Botnst is offline  
Sponsored Links
Advertisement
 
post #2 of 6 (permalink) Old 02-20-2007, 11:23 AM
DP
Moderator
 
DP's Avatar
 
Date registered: Aug 2002
Vehicle: 190E, 400E, SLK350
Location: Chesapeak Bay
Posts: 64,125
Mentioned: 2 Post(s)
Quoted: 991 Post(s)
Lifetime Premium Member
I did not expect anything better than that!
Why don't we execute them and be done with this nighmare?
DP is offline  
post #3 of 6 (permalink) Old 02-20-2007, 11:33 AM Thread Starter
BenzWorld Elite
 
Date registered: Sep 2004
Vehicle: 95 E300
Location: Inside my head
Posts: 36,850
Mentioned: 0 Post(s)
Quoted: 392 Post(s)
(Thread Starter)
Quote:
Originally Posted by Professor
I did not expect anything better than that!
Why don't we execute them and be done with this nighmare?
The same reason we didn't execute German, Italian and Japanese POW's?
Botnst is offline  
post #4 of 6 (permalink) Old 02-20-2007, 11:38 AM
DP
Moderator
 
DP's Avatar
 
Date registered: Aug 2002
Vehicle: 190E, 400E, SLK350
Location: Chesapeak Bay
Posts: 64,125
Mentioned: 2 Post(s)
Quoted: 991 Post(s)
Lifetime Premium Member
Quote:
Originally Posted by Botnst
The same reason we didn't execute German, Italian and Japanese POW's?
You sure? My gran pa on either side of the family have been at the fronts(Europe and Pacific) and they both said otherwise, maybe you know more than those old farts
DP is offline  
post #5 of 6 (permalink) Old 02-20-2007, 11:49 AM Thread Starter
BenzWorld Elite
 
Date registered: Sep 2004
Vehicle: 95 E300
Location: Inside my head
Posts: 36,850
Mentioned: 0 Post(s)
Quoted: 392 Post(s)
(Thread Starter)
Quote:
Originally Posted by Professor
You sure? My gran pa on either side of the family have been at the fronts(Europe and Pacific) and they both said otherwise, maybe you know more than those old farts
I'll just bet you're referring to extra-judicial killing, aren't you? As you may or may not know, there's this thingie called, "Geneva Conventions" and another thingie called, "UCMJ" which both proscribe extra-judicial killing. In fact, soldiers in the American military have been court-martialed and jailed for extra-judicial killing.

So if your relatives were involved maybe you should turn them in for arrest as they were apparently war criminals. They should face justice like any other war criminal. Don't you agree?

B
Botnst is offline  
post #6 of 6 (permalink) Old 02-20-2007, 12:21 PM
Lifetime Premium Member
 
Musikmann's Avatar
 
Date registered: May 2006
Vehicle: 2001 E320 - Brilliant Silver/Ash: 107,000+
Location: West Virginia, USA
Posts: 17,193
Mentioned: 0 Post(s)
Quoted: 6 Post(s)
Lifetime Premium Member
I think there were a lot more American POWs executed without cause (at least by the Japanese and Germans) than the other way around. I doubt that the Italians were good enough soldiers to capture any Americans!

Mercedes Benz - Das beste oder nichts!
Musikmann is offline  
Sponsored Links
Advertisement
 
Reply

  Mercedes-Benz Forum > General Mercedes-Benz Forums > Off-Topic

Quick Reply
Message:
Options

Register Now



In order to be able to post messages on the Mercedes-Benz Forum forums, you must first register.
Please enter your desired user name, your email address and other required details in the form below.

User Name:
Password
Please enter a password for your user account. Note that passwords are case-sensitive.

Password:


Confirm Password:
Email Address
Please enter a valid email address for yourself.

Email Address:
OR

Log-in











  • Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
     
    Thread Tools
    Show Printable Version Show Printable Version
    Email this Page Email this Page
    Display Modes
    Linear Mode Linear Mode



    Similar Threads
    Topic Author Forum Replies Last Post
    Rights Flying out the Window? mcbear Off-Topic 21 11-05-2006 07:06 PM
    Human rights the China way Robschaef Off-Topic 11 03-09-2006 10:55 PM
    Funaral Rights TheRazz W126 S,SE,SEC,SEL,SD,SDL Class 30 07-30-2005 10:44 PM
    Our rights tiggerfink Off-Topic 10 02-03-2005 01:01 PM
    Vision SLR Purchase rights on eBay... Dave OH R170 SLK-Class 3 07-25-2002 11:56 AM

    Posting Rules  
    You may post new threads
    You may post replies
    You may not post attachments
    You may not edit your posts

    BB code is On
    Smilies are On
    [IMG] code is On
    HTML code is Off
    Trackbacks are On
    Pingbacks are On
    Refbacks are On

     

    Title goes here

    close
    video goes here
    description goes here. Read Full Story
    For the best viewing experience please update your browser to Google Chrome