Enemy combatants

[powerboatr]

I admit I am no legal scholar.
but why wouldn't the DOJ charge the bomber (suspected) as an enemy combatant and do a military tribunal?
this guy they just had on fox said since they now have decided not to and have read him his rights...all the video and evidence thus far is thrown out or will be

the charge as i could find are now along the lines of making a weapon of mass destruction

does no one in DC remember the face of the poor 8 year old bleeding to death from the bomb that was placed near his person?
i FEEL THE pres should be along with holder charged with treason and dealt with accordingly.

or am i just to emotional to figure out why?


thanks

[JALLEN]

Miranda only precludes the use of statements of the accused. Nothing requires throwing out the videos and photos, statements of other witnesses, other evidence gathered, AFAIK.

What is the supposed advantage of military tribunal? These guys aren't soldiers, unlike Major Hassan.

It's not like the good old days when the FBI caught a bunch of Nazi saboteurs sneaking in from a submarine during a declared war, try 'em before a military tribunal and hang them the following week.

[jocat54]

Miranda only precludes the use of statements of the accused. Nothing requires throwing out the videos and photos, statements of other witnesses, other evidence gathered, AFAIK.

What is the supposed advantage of military tribunal? These guys aren't soldiers, unlike Major Hassan.

It's not like the good old days when the FBI caught a bunch of Nazi saboteurs sneaking in from a submarine during a declared war, try 'em before a military tribunal and hang them the following week.

And that is really too bad for us at this point..........we (taxpayers) will probably end up supporting both of them for the rest of their lives.

Both need to be executed....now. (well after they get all the answers they need from them)

[ajwakeboarder]

And that is really too bad for us at this point..........we (taxpayers) will probably end up supporting both of them for the rest of their lives.

Both need to be executed....now. (well after they get all the answers they need from them)

Both? did i miss something? I thought one was already dead

[jocat54]

Major Hassan

[JALLEN]

Miranda only precludes the use of statements of the accused. Nothing requires throwing out the videos and photos, statements of other witnesses, other evidence gathered, AFAIK.

What is the supposed advantage of military tribunal? These guys aren't soldiers, unlike Major Hassan.

It's not like the good old days when the FBI caught a bunch of Nazi saboteurs sneaking in from a submarine during a declared war, try 'em before a military tribunal and hang them the following week.

And that is really too bad for us at this point..........we (taxpayers) will probably end up supporting both of them for the rest of their lives.

Both need to be executed....now. (well after they get all the answers they need from them)

A Declaration of War would really firm up a great many ambiguities. Many of the laws, a lot of treaties, all contemplate the good old days when some Prince insulted your country, you declared war and went after the scoundrel, and all his henchmen and subjects and hirelings. "This government wants Perdicaris alive or Raisuli dead." and all that!

The easy granting of citizenship messes things up too. As with the drone business, all the BG's have to do is make sure a US citizen is with them as they travel about, and no drone strike can be made because you can't smoke a US citizen with a drone, without due process. I'm a big believer in due process in all its many ramifications, but we muddle things up with promiscuous grants of citizenship and no declarations of war.

[G26ster]

What the MSM is commingling is "Enemy Combatant" and "Military Tribunal." They are separate and distinct from each other. The suspect may be declared an Enemy Combatant, even though a U.S. citizen, interrogated til the cows come home with no Miranda rights, and then tried in civilian court. The suspect can challenge the designation of Enemy Combatant and a federal judge would have to decide. Also, while intelligence gathered during such interrogation may be very useful, the information gathered pertaining to "the crime" cannot be used in civil court. That said, there is enough to convict this guy already, so additional information gathered in the interrogation would probably not be needed anyway. We, once again, miss the opportunity to gather intelligence that might directly affect national security, by immediately Mirandizing the suspect because a civil trial is upcoming, and we want the world to "admire" our justice system so our enemies will hate us less. That's the way I understand it, and MHO. Of course, I am not a lawyer

[texanjoker]

It is a tough call, but he is a US citizen. At what point do we say you do or do not receive the Bill of Rights? They made the decision for criminal court so that is out.

[jocat54]

It is a tough call, but he is a US citizen. At what point do we say you do or do not receive the Bill of Rights? They made the decision for criminal court so that is out.

Not tough for me....he lost ALL rights when he set that bomb off.

[G26ster]

It is a tough call, but he is a US citizen. At what point do we say you do or do not receive the Bill of Rights? They made the decision for criminal court so that is out.

I believe that the U.S. Congress, and signed by a President, made the decision that a U.S. citizen can be designated an Ememy Combatant. But, you're right, it is a tough call. But in this case I lean towards that designation. As I said, MHO.

[suthdj]

He is no different then McVeigh, just because he belongs to Islam does not make him an enemy combatant no more then Adam Lanza who killed more.

[K.Mooneyham]

For better or for worse, that evil terrorist is a US citizen. Now, I don't think he should have been able to become a citizen, but he is one. I'm just worried about what kind of a mockery of a trial this will end up being. The media will take his side, wait and see.

[powerboatr]

thanks
I was really freaking about how they the WH was so nonchalant about the whole thing
he was even given a public defender today and said he had no money???
either way i guess we will be paying for this turkey to live and get a trial. I am all for your rights, but he pretty much crapped on those, but still he has them.

should have never been taken alive

and poor attorney that just got saddled with his defense.

the guy is a terrorist,

[brainman]

When did we start "deciding" who gets rights and who doesn't? What happened to all that "God-given" stuff and that bit about how the Constitution doesn't grant us rights, it merely enumerates them, and how we had these rights before the Constitution put our current government into place? So where is the line on what kind of crime makes your rights go away? Is it the number of casualties? The number of deaths? Or is it whether the person who did it is a muslim? Do you have to use a bomb? Or is an evil black rifle with high capacity magazines and that shoulder thingy that goes up enough? What happens when the people making those "decisions" decide that gun crimes fall into the terrorism category?

[G26ster]

He is no different then McVeigh, just because he belongs to Islam does not make him an enemy combatant no more then Adam Lanza who killed more.

Well, we all have our own opinions, and I made no mention of Islam. Adam Lanza is dead, and even if alive, there is not a shred of evidence that his heinous crime was connected to international terrorism that I have seen. McVeigh, I believe, was charged long before the law allowing for interrogation, and designation of Enemy Combatant, of a U.S. citizen. There is, in this case, evidence through internet postings, recent international travel, previous FBI questioning at the request of a foreign government, etc. of the "possibility" of foreign influence and support for this crime. As I agreed, it's a tough call, but each case must be looked at on it's own merits. Personally I believe we are at war with international terrorists and any of their home grown participants. Without outstanding intelligence, wars are lost. Again MHO.