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Subject: 
Re: Where's Larry and Hoppy when you need 'em???
Newsgroups: 
lugnet.off-topic.debate
Date: 
Wed, 24 Jan 2007 19:29:16 GMT
Viewed: 
2892 times
  
In lugnet.off-topic.debate, John Neal wrote:

   Enemy combatants have never had a right to trial.

But they are entitled to certain protections that, by design, are denied to this latest batch. For example, prisoners of war are to be released at the war’s end, but Dubya has pretty clearly stated that the War on Terror will never be over. So when might these prisoners, in theory, be released?

  
   If these people have committed crimes, let them stand trial and be sentenced. If they have not committed crimes, then release them. It’s really that simple, and artificial, self-serving designators like “enemy combatant,” designed to subvert the intent of the Geneva convention, are no excuse.

This term wasn’t invented or coined by President Bush, so don’t blame him or Gonzo.

If you mean “enemy combatant” as a synonym for “prisoner of war,” then you’re correct of course. But in this new context it definitely was put forth by Bush et al as a way to do an end run around the Geneva convention.

  
   I’m addressing the entire policy of indefinite incarceration without trial, so specific examples aren’t really needed (though there are many). What are you asking, exactly?

Is your rant against the classification of “enemy combatant” and its legal status? Or are you focusing on the case of Padilla?

I’m ranting against the deliberately nebulous and beyond-the-law status of “enemy combatant,” of which Padilla is only one example.

  
   That’s a gross overstatement, and even if true, it’s still no excuse. The various branches do not exceed their Constitutionally-granted powers, and they certainly don’t claim blanket authority to do it. Bush, in horrifying contrast, has done so repeatedly and with no justification beyond an obedient Republican Congress.

I think that is a matter of opinion, not law. Otherwise, the dems would have impeached President Bush long ago.

It’s also a matter of practicality. An impeachment process initiated today would likely take 18 months or more to complete (with all of the investigations, etc.), so what’s the point? Me, I’d like to see a formal motion of censure, but who knows if that’ll happen?

Instead, I think that Dems will work to counteract some of Dubya’s more dubious policies, effectively undoing some of his mess without having to worry about some pundit claiming that they’re “getting back at Repubs” for the Clinton impeachment.

  
  
   How do you solve a problem like Sharia? How do you catch a thug and pin it down?

First of all, I initially read that as Shania, to which I say “What the heck is the problem?!?” Then I read it again.

Agreed. Your initial cognitive assessments don’t impress me much, Dave!

Nice!

   This is the crux of the issue IMO-- how does a free society effectively protect itself against those who have access to WMDs and are bent on its destruction.

One good way is for the target nation not to invade a sovereign nation in an act of preemptive war. By all accounts, Bush’s Iraq fiasco has made the region and situation far less stable. If those same huge resources had been devoted to improvements in intelligence gathering (for example), I suspect that we’d be a lot better off.

  
   If they’re guilty, then punish them. If they’re not guilty, then release them. But it is imperative that their cases be heard, otherwise the Constitution is moot. (Or mute, if you work in my office, of course.)

Most of these are bad guys captured on a battlefield. Logistically we can’t put them all on trial.

If they’re prisoners of war, then they’re entitled to those protections. If they’re not prisoners of war, then they must be tried, regardless of the logistical problems.

   And I’m guessing that that practice is against the Geneva Convention, in order to protect the combatants against summary execution. And it protects our captive soldiers as well.

That’s why Bushco’s novel interpretations of “torture” are so troubling, by the way.

Dave!



Message has 1 Reply:
  Re: Where's Larry and Hoppy when you need 'em???
 
(...) Excellent question. I don't know. But I do know that if they are released, they will attack us again. (...) No, I think it was in response to a new category of enemy who isn't represented by a nation-state. They don't deserve a trial by jury. (...) (17 years ago, 24-Jan-07, to lugnet.off-topic.debate, FTX)

Message is in Reply To:
  Re: Where's Larry and Hoppy when you need 'em???
 
(...) Enemy combatants have never had a right to trial. (...) This term wasn't invented or coined by President Bush, so don't blame him or Gonzo. (...) Is your rant against the classification of "enemy combatant" and its legal status? Or are you (...) (17 years ago, 24-Jan-07, to lugnet.off-topic.debate, FTX)

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