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Old 01-23-2009, 09:19 AM
 
Location: Kentucky/ Displaced Texan
3,105 posts, read 3,295,171 times
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Quote:
Originally Posted by freefall View Post
If Yemen had so many terrorists why did Bush invade Iraq, and 'free' the Shiite Muslim Fundies - where most of the 'terrorists' come from?
Our sats can read newspapers from space - believe me, our intelligence probably knows what all of the so-called terrorists eat for breakfast.

Why didn't President Clinton invade Yemen then? I can ask the same question, since the USS Cole happened on his watch. Sometimes there is to much of this well they are a friendly country to us in an area where do not have many friends. I would ask are they really our friend if they harbor terrorists and let them walk freely?

 
Old 01-23-2009, 10:05 AM
 
31,387 posts, read 37,083,710 times
Reputation: 15038
Quote:
Originally Posted by TomDot View Post
And the supreme court got it wrong!
Send me an invitation to attend your graduation from Harvard, Yale, Berkley, Stanford, or Michigan's law schools and we'll talk.
 
Old 01-23-2009, 10:17 AM
 
Location: Earth
24,620 posts, read 28,304,733 times
Reputation: 11416
This political cartoon (actually 10 second video) is a takeoff of Abu Graib behavior, but poignant nonetheless: Ann Telnaes Cartoons - washingtonpost.com
 
Old 01-23-2009, 11:34 AM
 
Location: Over There
5,094 posts, read 5,444,531 times
Reputation: 1208
Quote:
Originally Posted by FinkieMcGee View Post
If I actually lived near a military prison they could just put them in there or whatever until they tried them appropriately. It's not like they're evil villains planning the Great Escape. The Bush admin didn't want them on US soil because they would be granted additional rights they couldn't get in their off shore bond villain island. I don't particularly care if they get those rights because I'm not a sociopath.

Also it's not a legit question, you're just acting like a 5th grader. It's like people that are against nuclear power because NIMBY.
Ok but these prisoners were not captured on American soil so why should they get every right that an American citizen gets?

It is a justified question because there are many people who scream about the rights of prisoners but they do not want them near their homes so it is very legit. It is the same as asking some who belongs to PETA if they wear leather.
 
Old 01-23-2009, 12:02 PM
 
31,387 posts, read 37,083,710 times
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Quote:
Originally Posted by dcadca View Post
Ok but these prisoners were not captured on American soil so why should they get every right that an American citizen gets?
It is a legitimate question that deserves a legitimate answer;

The Court in answering this very question in Rasul vs

… this Court has recognized the federal courts' power to review applications for habeas relief in a wide variety of case involving Executive detention, in wartime as well as in times of peace.… The question now before us is whether the habeas statute confers a right to judicial review of the legality of Executive detention of aliens in a territory over which the United States exercises plenary and exclusive jurisdiction, but not "ultimate sovereignty."

"...the prisoner's presence within the territorial jurisdiction of the district court is not "an invariable prerequisite" to the exercise of district court jurisdiction under the federal habeas statute. Rather, because the "writ of habeas corpus does not act upon the prisoner who seeks relief but upon the person who holds him in what is alleged to be unlawful custody," a district court acts "within [its] respective jurisdiction" within the meaning of §2241 as long as "the custodian can be reached by service of process." 410 U.S., at 494-495."

"In the end, the answer to the question presented is clear. Petitioners contend that they are being held in federal custody in violation of the laws of the United States. No party questions the District Court’s jurisdiction over petitioners’ custodians. Section 2241, by its terms, requires nothing more. We therefore hold that §2241 confers on the District Court jurisdiction to hear petitioners’ habeas corpus challenges to the legality of their detention at the Guantanamo Bay Naval Base."

Guantanamo Bay, Supreme Court Litigation - Rasul v. Bush
 
Old 01-23-2009, 12:09 PM
 
3,292 posts, read 4,477,819 times
Reputation: 822
Quote:
Originally Posted by dcadca View Post
It is a justified question because there are many people who scream about the rights of prisoners but they do not want them near their homes so it is very legit. It is the same as asking some who belongs to PETA if they wear leather.
Okay so I guess I can start telling all the chicken hawks that were for the Iraq war to go and join the military to do a little fighting?

The fact that we were a country that was willing to give EVERYONE a fair shake is what separates us from them. Hell, during the Iraq war half the Iraqi army gave up because they knew they wouldn't get slaughtered if they just turned themselves in.
 
Old 01-23-2009, 12:22 PM
 
Location: Over There
5,094 posts, read 5,444,531 times
Reputation: 1208
Quote:
Originally Posted by FinkieMcGee View Post
Okay so I guess I can start telling all the chicken hawks that were for the Iraq war to go and join the military to do a little fighting?
Well I lost my brother there does that count. Your sarcasm is insulting.

Quote:
The fact that we were a country that was willing to give EVERYONE a fair shake is what separates us from them. Hell, during the Iraq war half the Iraqi army gave up because they knew they wouldn't get slaughtered if they just turned themselves in.

Yes everyone that LIVES here and is caught breaking the law HERE not in another country against our military so why should they not face a military court?. To me there is a huge difference.
 
Old 01-23-2009, 12:24 PM
 
Location: Over There
5,094 posts, read 5,444,531 times
Reputation: 1208
Quote:
Originally Posted by ovcatto View Post
It is a legitimate question that deserves a legitimate answer;

The Court in answering this very question in Rasul vs

… this Court has recognized the federal courts' power to review applications for habeas relief in a wide variety of case involving Executive detention, in wartime as well as in times of peace.… The question now before us is whether the habeas statute confers a right to judicial review of the legality of Executive detention of aliens in a territory over which the United States exercises plenary and exclusive jurisdiction, but not "ultimate sovereignty."

"...the prisoner's presence within the territorial jurisdiction of the district court is not "an invariable prerequisite" to the exercise of district court jurisdiction under the federal habeas statute. Rather, because the "writ of habeas corpus does not act upon the prisoner who seeks relief but upon the person who holds him in what is alleged to be unlawful custody," a district court acts "within [its] respective jurisdiction" within the meaning of §2241 as long as "the custodian can be reached by service of process." 410 U.S., at 494-495."

"In the end, the answer to the question presented is clear. Petitioners contend that they are being held in federal custody in violation of the laws of the United States. No party questions the District Court’s jurisdiction over petitioners’ custodians. Section 2241, by its terms, requires nothing more. We therefore hold that §2241 confers on the District Court jurisdiction to hear petitioners’ habeas corpus challenges to the legality of their detention at the Guantanamo Bay Naval Base."

Guantanamo Bay, Supreme Court Litigation - Rasul v. Bush

Thank you for the information but is there a difference if their crimes are against the military or citizens?
 
Old 01-23-2009, 12:26 PM
 
3,292 posts, read 4,477,819 times
Reputation: 822
Quote:
Originally Posted by dcadca View Post
Well I lost my brother there does that count. Your sarcasm is insulting.
I'm sorry, while I understand why you're vengeful it doesn't mean we all need to be. This country is about justice, and vengeance is not the same as justice.

I mean, what do the people that live near prisons that house Charles Manson think? Or the Unibomber?

Quote:
Yes everyone that LIVES here and is caught breaking the law HERE not in another country against our military so why should they not face a military court?. To me there is a huge difference.
Read ovcatto's post.
 
Old 01-23-2009, 12:35 PM
 
Location: Over There
5,094 posts, read 5,444,531 times
Reputation: 1208
Quote:
Originally Posted by FinkieMcGee View Post
I'm sorry, while I understand why you're vengeful it doesn't mean we all need to be. This country is about justice, and vengeance is not the same as justice.
I am not vengeful, I'm sad because it seems that Americans care more for terrorists that would kill or have killed their fellow Americans then they do for the people of this country. I find it sad that we as Americans who lived through 9/11 are not standing with each other on this issue. These men are not Americans and hate us to the point they would slit my child's throat for no other reason then because of that hate. So no I don't think they should be given the same rights as Americans.
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