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Federal court rules against arbitrary suspension of habeas corpus

Discussion in 'Legal' started by foob, Jun 11, 2007.

  1. foob

    foob Well-Known Member

    Just thought everybody should know somebody cares about the constitution. Doesn't even look like he's a citizen.

    If you support the indefinite detention of a US resident just because the President labels him an "enemy combatant", just remember one day when they come for your firearms they can use the same excuse.


  2. qlajlu

    qlajlu Well-Known Member

    I'll probably get in trouble with what I am about to say, but it is good to see the Constitution upheld for a change. I have faith in the investigative agencies in the U.S. and just to incarcerate a person because it is believed that person is involved in something illegal or to use an arbitrary label is, in my estimation, unconscionable, especially since he IS a U.S. citizen. If he was a threat to national security, there has been more than ample time to bring charges.

    Now illegal aliens are another matter entirely. Illegal aliens SHOULD NOT be afforded our Constitutional protections in matters of U.S. security. If they want that protection, then they best get busy and become a citizen AFTER LEGALLY ENTERING THE U.S.

    Just my $0.02 worth.
  3. Crunker1337

    Crunker1337 Well-Known Member

    I'm glad. Anyone legally in this country should be guaranteed basic rights.
  4. ArmedBear

    ArmedBear Well-Known Member

    I'm glad, too.

    There have to be limits to Executive power, and it's up to the court to make sure of that.
  5. Mumwaldee

    Mumwaldee member


    Why are they housing these suspects for years with no charge when they could be illegally surveilling and wire-tapping them like ordinary Americans.
  6. eric_t12

    eric_t12 Well-Known Member

    :D lol
  7. SoCalShooter

    SoCalShooter Well-Known Member

    Well this is good to hear, now if we can just get the patriot act repealed we will be a lot better off and safer too.
  8. Titan6

    Titan6 member

    Such a ruling deserves a little more play.


    Note that the court does not call for his release, merely that he should not be held without charge as the executive does not have that power. This is in my mind a very correct ruling.
  9. MrTuffPaws

    MrTuffPaws Well-Known Member

    WOOT! It is nice to see the consitution in action again.
  10. araiford

    araiford Well-Known Member

    It is scary that our President thinks he can order the military to detain someone indefinitely.
  11. Titan6

    Titan6 member

    And the dissent op...

    What we are talking about here is likely a very, very bad man. Still does not mean that he does not have rights.
  12. ArmedBear

    ArmedBear Well-Known Member

    Yes. See, that's why I can't get as animated about some of this stuff as a lot of the BDS sufferers, including Libertarians. I actually do think that the intent of these detentions is a good intent. I do think that the Executive Branch has its heart in the right place, and I do not believe that I see some runaway abuse of power for power's sake, nor for political ends. Mistakes, biases, sure, but there hasn't been an administration since 1787 without these inevitable human characteristics.

    Hell, I don't really care about HIS rights. He probably has the right to a hanging.

    HOWEVER, this stuff needs to be spelled out so that the potential for abuse -- and it's a huge potential -- can be limited. All of our rights must be protected, and in this case, that requires protecting his, such as they are.

    We can't always rely on government officials to have their hearts in the right place. Many do, especially when it comes to national security. But it wouldn't take many to destroy our whole system, without checks, balances and limits.
  13. alan

    alan Well-Known Member

    There might yet be hope for the nation.
  14. Titan6

    Titan6 member

    Judge Gribbon is an anti-Bush liberal. She has voted down the partial birth ban in VA, invoking the name of higher powers at town meetings and other such rulings.

    I think the dissent is better written than the majority, but I still agree with the decision even if the premise is not the best.

    Bear- The run away power abuse comes later. This is what I have problems getting people to understand. Pres. Bush I think means well and his intentions are likely good. The issue is what about the next guy? or Girl? Think they will care what he was doing or why? Very unlikely I say. They will say; "hey look I have a new toy what can I do with it?"
  15. insidious_calm

    insidious_calm Well-Known Member

    I'm curious what you could possibly gain from keeping someone locked up and isolated that long? Aside from the obvious reason that you screwed up and he really isn't a terrorist and you don't want that fact to get out. Dead men tell no tales after all, apparently neither do those held indefinately in military isolation.

    I have no idea whether the guy is a terrorist or not. If he is why not charge him and convict him? Or, are we no longer a country of laws and justice? The whole "enemy combatant" things stinks of imperialism. I believ there are terrorists in this country, both foreign and domestic. I also believe they should be brought to justice and I fail to see how that has been accomplished in this case. Anyone?

    The more I read about this situation and others the less I like it. It goes against everything this country stands for. If we abandon the founding principles of this country in the name of the GWOT then what really is left to fight for?

  16. Bartholomew Roberts

    Bartholomew Roberts Moderator Emeritus

    Not likely since I am not a resident alien (which is the defining word apparently left out of the the "US resident" description above).
  17. Flyboy

    Flyboy Well-Known Member

    ...well, based on what I've seen from Bush, and what I've read in the Constitution, I'd say that's probably true of the Framers, too.
    ...which ban is within the enumerated powers...how?
  18. Matt King

    Matt King Well-Known Member

    I have no doubt that the man held is a terrorist. However, you still have the right to fair trial, even if you are evil. This is a big win for the Sixth Amendment.

  19. jselvy

    jselvy member

    Let's give him a fair and speedy trial and then hang him outside the courthouse.
    All legit and aboveboard.
    Or we could grant him the gift of being punished according to Islamic Law and Just behead him.
    Coat him in Lard first so he has NO chance at Paradise of course.
    Fight Religion with Religion

    Last edited: Jun 11, 2007
  20. Lew

    Lew Well-Known Member

    What war powers in Article 1 and 2, I'd like to know.

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