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Old 11-08-2006, 01:03 PM   #1
Happy Monkey
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Quote:
Originally Posted by Urbane Guerrilla
Habeas corpus in GITMO? Who would you apply it to, Padilla? Habeas corpus is not appropriate for what are in effect POWs.
POW would be good, too. The problem is making a new category where no laws apply.
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No, HM, there's no reason to extend the rights of American citizens to not-American citizens;
Habeas corpus is not a right of American citizens. It is a restriction on the abilities of the American government.
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Remember, these guys are crazed anti-Americans: we must exhaust their enthusiasm for their sins.
Some are, some aren't. That's the purpose of habeas corpus. Of course, the ones who weren't when we grabbed them may pick up a bit of the enthusiasm you refer to as a result of false imprisonment. It certainly won't be exhausted.
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Old 11-08-2006, 01:23 PM   #2
Urbane Guerrilla
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Quote:
Originally Posted by Happy Monkey
POW would be good, too. The problem is making a new category where no laws apply.
We are to some degree in agreement here, but really about the only applicable model is that of the Prisoner Of War. They are realistic enough to see this, and have seen it from the Gitmo git-go.

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Habeas corpus is not a right of American citizens. It is a restriction on the abilities of the American government.
In judicial dealings with American citizens, yes. It must not be used as a rallying cry to keep the GWOT from being won, the way the anti-Republican freakos have been doing.

There is no sense in opposing the GWOT just because it's a Republican President trying to win it, yet that is what I see over and over, not only among the most frayed threads of the lunatic fringe, but among Democrats who ought to know better -- and don't! The Democrats have abandoned fighting the war in favor of fighting the Republicans. Dopes. Dupes.
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Old 11-08-2006, 01:28 PM   #3
Elspode
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The problem with Gitmo is real simple. If we *say* you are an enemy combatant, you're an enemy combatant. It is irrelevant whether you actually are or not.

That's not the American way, and that's what sticks in American craws.
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Old 11-08-2006, 02:07 PM   #4
Happy Monkey
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Quote:
Originally Posted by Urbane Guerrilla
In judicial dealings with American citizens, yes.
Or anyone else in American custody. If a Japanese tourist is arrested, they get habeas corpus too. The "argument" the administration made about Gitmo is that it's not under US jurisdiction because it's in Cuba, which is asinine.
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It's pretty easy to say so once somebody's emptied a magazine at our troops.
And it's exactly as easy if they haven't. What makes it harder to hold someone who hasn't is habeas corpus.
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Old 11-08-2006, 03:35 PM   #5
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Quote:
Originally Posted by Urbane Guerrilla
It must not be used as a rallying cry to keep the GWOT from being won, the way the anti-Republican freakos have been doing.
GWOT? You mean T.W.A.T.?
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