Letters to the Editor
shooter242
Published Letters: 1755
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re: In The Pokey With You
[Read the article: The Padilla verdict]
[Read more letters about this article: Here]What's more important is that any American citizen can now be locked up, deemed an enemy combatant and placed in military custody for an indefinite period of time. Under such conditions habeas corpus is weakened as a tool to be used by the accused, or rendered moot. -- Dirigo
Or not. So far the only Supremes ruling seems to be Hamdi specifying Habeas Corpus for citizens no matter the designation. In addition is this June ruling by the 4th circuit that a resident alien is entitled to Habeas as well. That would certainly incluse citizens. If you have something that disproves that, we should see it. Otherwise you're just fear-mongering.
In a two-to-one ruling by the Fourth Circuit Court of Appeals, the Court held the President of the United States lacks legal authority to detain al-Maari without charge; all three judges ruled that al-Maari is entitled to traditional habeas corpus protections which give him the right to challenge his detainment in a U.S. Court.
http://en.wikipedia.org/wiki/Habeas_corpus#Suspension_in_the_United_States_in_1990s_and_2000s -
re: Shooter Tries Again
[Read the article: The Padilla verdict]
[Read more letters about this article: Here]Jebbie --You still haven't answered the question I posed the last time you ran this lame wheeze past us. What will you do, Shooter, if some President (or his designate) declares you to be an unlawful enemy combatant and locks you up in some hole in Wingnutistan. Oh? He can't do that since you're a citizen?
Prove it. Just don't think you can get on the horn and call a lawyer. You won't have the right to a lawyer either. Prove you're a citizen. Whatchagonna do, Shooter? Thanks to our intrepid Congress, the President has the law on his side now. He can lock you up and unless you can prove you're a citizen, you're fucked and you'll have no recourse in the courts.
I just gave you a court case that says even resident aliens get Habeas. And the following is an expansion on the requirement for citizens to get Habeas no matter what the designation. Now, like I said to the other guy, if you have something that says citizens and resident aliens are NOT entitled to habeas (and due process) let's see it. Apparently all the folks being held currently have access to a lawyer. Do you have evidence otherwise? I'm open to information about this because the issue is far from settled, but "because I say so" is not a valid argument.
He (Hamdi) was a party to a Supreme Court decision Hamdi v. Rumsfeld which issued a decision on June 28, 2004, repudiating the U.S. government's unilateral assertion of executive authority to suspend the constitutional protections of individual liberty of a U.S. citizen. The Court recognized the power of the government to detain unlawful combatants, but ruled that detainees must have the ability to challenge their detention before an impartial judge. Though no single opinion of the Court commanded a majority, eight of the nine justices of the Court agreed that the Executive Branch does not have the power to hold indefinitely a U.S. citizen without basic due process protections enforceable through judicial review.
Since when does our Constitution apply only to citizens and legal aliens?
As opposed to illegal aliens, or people in another country? If an illegal commits a crime here he's in the system and as far as I know gets all the same benefits citizens do. Otherwise deport them home. Are you saying that citizens of East Timor are entitled to our laws in their country? What are you asking?
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re: Back to the cave
[Read the article: The Padilla verdict]
[Read more letters about this article: Here]If fighting wrong with wrong is justified and is accepted by us, then we can just go back to the cave. Centuries of social evolution and thrills of enlightenment will be undone. There will be little work to do for men of conscious and reason. It will be back to the anything-goes, every-man-for-himself world.-- Denning
Giving up a little early aren't you? Habeas is alive and well. Reports of it's death are greatly exaggerated. But if you want to go hide, feel free.
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Timberman and the lowest common denominator
[Read the article: The Padilla verdict]
[Read more letters about this article: Here]For every shooter or Elephantman, who exists only to carry the train of those with power, there will always be someone who will hide a Jew.-- William Timberman
Still issuing insults I see. Interestingly, these days it seems that your side of the aisle is more interested in supporting people that would kill as many Jews as possible. I certainly don't think you would do such a thing, but enablement is pretty darn close.
Illiberal elements willing to do violence for this or that cause exist even in otherwise liberal societies; they have existed and do exist here. At times we've dealt with them well, at times not so well. Radical Muslims are but one of these elements, and not at the moment the most threatening of them at that. -- Timberman
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re: Having a problem answering my question, Shooter old pal?
[Read the article: The Padilla verdict]
[Read more letters about this article: Here]Indeed I am...
Tell us.....just how would you prove that you are a US citizen if (when) the President or his Designee declares you an unlawful enemy combatant and squirrels your sorry ass away where you would not have access to the court system to enforce your habeas rights?-- Jebbie
So I see you acknowledge the Habeas rights exist, but you're claiming that people are currently being kidnapped and held incommunicado to withhold access to those rights, yes?
Well Jebbie, I can't prove a negative. I can't prove Bush isn't kidnapping people, nor can I prove aliens aren't kidnapping people. You my friend, have to prove that your scenario is currently true. Have at it. Heh.