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Old 11-14-2009, 08:59 AM
 
301 posts, read 208,615 times
Reputation: 95

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Quote:
Originally Posted by Diane Giam View Post
I agree! We lost friends in 9/11 and the company my husband was working for lost 300. We left the NY area 3 1/2 years ago.
They should get no trial as they are guilty.
Please move to an uncivlived country.

Quote:
Originally Posted by Diane Giam View Post
Sure he will , he will protect the muslems as he is one himself
He's not protecting them by prosecuting them which will probably lead to their deaths.

Quote:
Originally Posted by stoogemania View Post
Those terrorists do not understand "civilized" decisions. We should only give them what they DO understand. Tie them up in the middle of Times Square on New Years Eve with no PC bleeding heart libs to protect them. Let's have New Year's Rockin' Eve with REAL rocks.
I guess this is the way some try and exhibit toughness..Make inane statements about cruelty that they know will never happen and blame the administration for not doing it..Very childish. We claim we're so much better than them but it's so ironic that you want us to "throw rocks"..
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Old 11-14-2009, 09:02 AM
 
29,939 posts, read 39,468,904 times
Reputation: 4799
FindLaw | Cases and Codes
Quote:
CHIEF JUSTICE REHNQUIST delivered the opinion of the Court.

Indeed, we have rejected the claim that aliens are entitled to Fifth Amendment rights outside the sovereign territory of the United States. In Johnson v. Eisentrager, 339 U.S. 763 (1950), the Court held that enemy aliens arrested in China and imprisoned in Germany after World War II could not obtain writs of habeas corpus in our federal courts on the ground that their convictions for war crimes had violated the Fifth Amendment and other constitutional provisions. The Eisentrager opinion acknowledged that in some cases constitutional provisions extend beyond the citizenry; "[t]he alien . . . has been accorded a generous and ascending scale of rights as he increases his identity with our society." Id., at 770. But our rejection of extraterritorial application of the Fifth Amendment was emphatic:

"Such extraterritorial application of organic law would have been so significant an innovation in the practice of governments that, if intended or apprehended, it could scarcely have failed to excite contemporary comment. Not one word can be cited. No decision of this Court supports such a view. Cf. Downes v. Bidwell, 182 U.S. 244 [(1901)]. None of the learned commentators on our Constitution has even hinted at it. The practice of every modern government is opposed to it." Id., at 784.
FindLaw | Cases and Codes
Quote:
MR. JUSTICE JACKSON delivered the opinion of the Court.

The essential pattern for seasonable Executive constraint of enemy aliens, not on the basis of individual prepossessions for their native land but on the basis of political and legal relations to the enemy government, was laid down in the very earliest days of the Republic and has endured to this day. It was established by the Alien Enemy Act of 1798. 1 Stat. 577, as amended, 50 U.S.C. 21. And it is to be noted that, while the Alien and Sedition Acts of that year provoked a reaction which helped sweep the party of Mr. Jefferson into power in 1800, and though his party proceeded to undo what was regarded as the mischievous legislation of the Federalists, [SIZE=-1] [339 U.S. 763, 774] [/SIZE] this enactment was never repealed. 6 Executive power over enemy aliens, undelayed and unhampered by litigation, has been deemed, throughout our history, essential to war-time security. This is in keeping with the practices of the most enlightened of nations and has resulted in treatment of alien enemies more considerate than that [SIZE=-1] [339 U.S. 763, 775] [/SIZE] which has prevailed among any of our enemies and some of our allies. This statute was enacted or suffered to continue by men who helped found the Republic and formulate the Bill of Rights, and although it obviously denies enemy aliens the constitutional immunities of citizens, it seems not then to have been supposed that a nation's obligations to its foes could ever be put on a parity with those to its defenders.
The resident enemy alien is constitutionally subject to summary arrest, internment and deportation whenever a "declared war" exists. Courts will entertain his plea for freedom from Executive custody only to ascertain the existence of a state of war and whether he is an alien enemy and so subject to the Alien Enemy Act. Once these jurisdictional elements have been determined, courts will not inquire into any other issue as to his internment. Ludecke v. Watkins, 335 U.S. 160 . 7 [SIZE=-1] [339 U.S. 763, 776] [/SIZE]
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Old 11-14-2009, 09:23 AM
 
Location: Florida
76,971 posts, read 47,640,534 times
Reputation: 14806
This is a perfect example of a situation where Obama haters are just looking for something to disagree about. How many times did Bush parrot that the criminals will be brought to justice? He must have said it hundreds of times, and now that they are being brought to justice, and we are seeking death penalty, all the haters can do is cry about what kind of court they will be sentenced in. Give me a break.

How many people have been convicted in the military court in Gitmo in the past eight years? THREE. How many have been let go? Over SIX HUNDRED. And you want them tried there?

It doesn't matter where they are sentenced: if they are sentenced in Gitmo, the haters will demand they be sentenced in NYC, and if they are sentenced in NYC, they will demand they be sentenced in Gitmo. The automatic opposition to E-V-E-R-Y-T-H-I-N-G is starting to get a little old.

Last edited by Finn_Jarber; 11-14-2009 at 09:35 AM..
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Old 11-14-2009, 09:26 AM
 
29,939 posts, read 39,468,904 times
Reputation: 4799
Quote:
The following text is a fatwa, or declaration of war, by Osama bin Laden first published in Al Quds Al Arabi, a London-based newspaper, in August, 1996. The fatwa is entitled "Declaration of War against the Americans Occupying the Land of the Two Holy Places."

By orders from the USA they also arrested a large number of scholars, Da'ees and young people - in the land of the two Holy Places- among them the prominent Sheikh Salman Al-Oud'a and Sheikh Safar Al-Hawali and their brothers; (We bemoan this and can only say: "No power and power acquiring except through Allah"). We, myself and my group, have suffered some of this injustice ourselves; we have been prevented from addressing the Muslims. We have been pursued in Pakistan, Sudan and Afghanistan, hence this long absence on my part. But by the Grace of Allah, a safe base is now available in the high Hindukush mountains in Khurasan ; where--by the Grace of Allah-the largest infidel military force of the world was destroyed. And the myth of the super power was withered in front of the Mujahideen cries of Allahu Akbar (God is greater). Today we work from the same mountains to lift the iniquity that had been imposed on the Ummah by the Zionist-Crusader alliance, particularly after they have occupied the blessed land around Jerusalem, route of the journey of the Prophet (ALLAH'S BLESSING AND SALUTATIONS ON HIM) and the land of the two Holy Places. We ask Allah to bestow us with victory, He is our Patron and He is the Most Capable...

In the shadow of these discussions and arguments truthfulness is covered by the falsehood, and personal feuds and partisanship created among the people increasing the division and the weakness of the Ummah; priorities of the Islamic work are lost while the blasphemy and polytheism continue its grip and control over the Ummah. We should be alert to these atrocious plans carried out by the Ministry of Interior. The right answer is to follow what have been decided by the people of knowledge, as was said by Ibn Taymiyyah (Allah's mercy upon him): "people of Islam should join forces and support each other to get rid of the main "Kufr" who is controlling the countries of the Islamic world, even to bear the lesser damage to get rid of the major one, that is the great Kufr".

If there are more than one duty to be carried out, then the most important one should receive priority. Clearly after Belief (Imaan) there is no more important duty than pushing the American enemy out of the holy land. No other priority, except Belief, could be considered before it; the people of knowledge, Ibn Taymiyyah, stated: "to fight in defence of religion and Belief is a collective duty; there is no other duty after Belief than fighting the enemy who is corrupting the life and the religion. There is no preconditions for this duty and the enemy should be fought with one best abilities. (ref: supplement of Fatawa). If it is not possible to push back the enemy except by the collective movement of the Muslim people, then there is a duty on the Muslims to ignore the minor differences among themselves; the ill effect of ignoring these differences, at a given period of time, is much less than the ill effect of the occupation of the Muslims' land by the main Kufr. Ibn Taymiyyah had explained this issue and emphasised the importance of dealing with the major threat on the expense of the minor one. He described the situation of the Muslims and the Mujahideen and stated that even the military personnel who are not practising Islam are not exempted from the duty of Jihad against the enemy.
Online NewsHour: Bin Laden's Fatwa

It's PBS so this shouldn't be a copyright issue.

Last edited by BigJon3475; 11-14-2009 at 09:49 AM..
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Old 11-14-2009, 09:27 AM
 
29,939 posts, read 39,468,904 times
Reputation: 4799
Quote:
The following text is the second fatwa originally published on February 23, 1998, to declare a holy war, or jihad, against the West and Israel. It is signed by Osama bin Laden, head of al Qaeda; Ayman al-Zawahiri, head of Jihad Group in Egypt, and several other Islamic terrorist groups.
Online NewsHour: Al Qaeda's 1998 Fatwa
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Old 11-14-2009, 09:28 AM
 
Location: NW Nevada
18,161 posts, read 15,632,241 times
Reputation: 17152
Thanks for the links. I think.... Didn't do much for my faith in the system, such as it is.
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Old 11-14-2009, 09:36 AM
 
29,939 posts, read 39,468,904 times
Reputation: 4799
Quote:
Whether the accused is suffering from a mental disease caused by his conditions of confinement, or from the stress of having to stand trial for the 2,973 people he is
alleged to have murdered, or for any other reason at all, the causation of such a mental disease is not relevant to the determination of whether he is presently suffering from a mental disease or defect rendering him mentally incompetent to the extent that he is unable to understand the nature of the proceedings or to conduct or cooperate intelligently in the defense of his case.

The Defense recklessly states that “undoubtedly” Mr. Bin al Shibh and other high value detainees in GTMO are subject to prolonged isolation, as “isolation was built into the system in Guantanamo.” In making its allegation the Defense cites to a 2005 article titled “Break Them Down: Systematic use of Psychological Torture by US Forces.” Despite the Defense’s “undoubted” reliance on an article alleging war crimes against fellow U.S. forces, the accused is not being held in prolonged isolation; he has available to him outdoor recreation, socialization with a recreation partner, the ability to exercise, access to library books twice a week, the privilege of watching movies, and may meet with his attorneys upon request should he so choose. If the accused takes advantage of all the privileges offered to him, he would have a minimum of two hours a day outside his cell. The circumstances of the accused’s detention render all of the cited cases by the Defense inapposite, as all of these cases had facts where a defendant was in solitary confinement, extreme isolation, or had some other type of sensory deprivation, which is not the case for detainees at Camp 7. (See Attachment 1).
http://www.defenselink.mil/news/KSMD041Defense.pdf
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Old 11-14-2009, 09:50 AM
 
29,939 posts, read 39,468,904 times
Reputation: 4799
Quote:
Originally Posted by Finn_Jarber View Post
This is a perfect example of a situation where Obama haters are just looking for something to disagree about. How many times did Bush parrot that the criminals will be brought to justice? He must have said it hundreds of times, and now that they are being brought to justice, and we are seeking death penalty, all the haters can do is cry about what kind of court they will be sentenced in. Give me a break.

How many people have been convicted in the military court in Gitmo in the past eight years? THREE. How many have been let go? Over SIX HUNDRED. And you want them tried there?

It doesn't matter where they are sentenced: if they are sentenced in Gitmo, the haters will demand they be sentenced in NYC, and if they are sentenced in NYC, they will demand they be sentenced in Gitmo. The automatic opposition to E-V-E-R-Y-T-H-I-N-G is starting to get a little old.
The total disregard for rationale is getting old.
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Old 11-14-2009, 11:21 AM
 
30,065 posts, read 18,670,668 times
Reputation: 20886
Quote:
Originally Posted by Newarkid View Post
"WASHINGTON - Self-proclaimed Sept. 11 mastermind Khalid Sheikh Mohammed and four other Guantanamo Bay detainees will be sent to New York to face trial in a civilian federal court, officials said Friday."

It's about time..Lets keep bringing these folks to justice.
True governmental genius. Now all the methods of detecting and aprehending terrorists will be public knowledge so that the terrorists can adapt. Whoever thought this one up, rather than using a military tribunal, was clearly not thinking this through. I am sure that the terrorists are very grateful and will send us another "present" to show thier appreciation.
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Old 11-14-2009, 12:47 PM
 
Location: Florida
76,971 posts, read 47,640,534 times
Reputation: 14806
Quote:
Originally Posted by BigJon3475 View Post
The total disregard for rationale is getting old.
Yes, that too. Who in their right mind wants to try them in a military courty which has managed to sentence only three people in eight years while releasing over six hundred?
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