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Rapier
 
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Originally Posted by Gibonius View Post
I'd imagine most cases where we would apprehend a US civilian on a battlefield, we'd be able to rustle up two witness, probably soldiers, to say "Yeah we saw homeboy fighting against us." If the guy is fighting back and is a threat, then you just kill him and the trial/holding issue is irrelevant.

The Awlaki case is a pretty grey area. But again, I think it falls under normal warfare engagement rules. If you kill him "in the field" (and we could argue Yemen counts as the field), then fine. But if you capture him, you can't summarily execute him and he has to be charged with something and accorded his rights.
US soldiers aren't even deployed to Yemen. What makes this a matter of controversy is that we're not even bothering to post his capture. As soon as we know his location, we're going to terminate him via Predator missile strike. There is no attempt to render this guy to the United States.

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This is where separation of powers should come into play. The Court should be preventing the executive branch from doing these things. We shouldn't be terribly surprised that the executive wants to ignore or dodge the Constitution, but that doesn't mean they have the right to do that. The executive doesn't get to decide what is and is not Constitutional.
The judiciary is, by and large, going with the executive on this one. You've had a few hiccups along the way such as Boumediene v Bush that resulted in a Federal judge ordering his release after the Supreme Court determined that US rights can be extended to territories not officially under on control (Guantanamo Bay).

Justice doesn't get to decide what is and is not Constitutional, but it can argue its case before Federal courts. This is the argument they're making. You're making it seem like this is a usurpation of the executive but it isn't. Most Federal judges rule in favor of the government the vast majority of the time.
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Old 02-01-2011, 05:14 PM Rapier is offline  
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mech
 
this is not racism or fault of fbi, and i mean that shit directly and straight forward it is exactly what i said.

i mean what the fuck seriously?
Old 04-02-2011, 06:00 PM mech is offline  
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