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Posted by JoeSpareBedroom on October 20, 2006, 6:03 am
> Stormin Mormon wrote:
>> Is it time for the UN to come in and liberate us?
>>
>> ----- Original Message -----
>> Sent: Thursday, October 19, 2006 2:41 PM
>> Subject: JPFO ALERT: R.I.P. Habeas Corpus
>>
>>
>> ALERT FROM JEWS FOR THE PRESERVATION OF FIREARMS OWNERSHIP
>> America's Aggressive Civil Rights Organization
>>
>> October 19, 2006
>>
>> JPFO ALERT: R.I.P. Habeas Corpus
>>
>> On Tuesday, October 17, 2006, another nail was pounded
>> into freedom's coffin when President Bush signed the
>> Military Commissions Act into law. Within the Act, the
>> 800-year tradition of Habeas Corpus -- the right of the
>> accused to face their accuser in court -- was essentially
>> eliminated.
>>
>
> First, habeas corpus is used almost always in criminal complaints.
> Terrorists, POWs, and unlawful enemy combatants (spys, saboteurs,
> guerillas, etc.) are not criminals and have never had the protections
> afforded in the Bill of Rights (trial by jury, legal counsel, etc.). It's
> not an 800-year old tradition. Habeas Corpus has NEVER been afforded those
> captured in time of war.
>
> Second, the president's Article II powers trumph almost any other
> constitutional provisions. The courts have, for 230 years, unanimously
> said so.
>
> Third, the Supreme Court tried to interpose itself in the situation. The
> Congress said: 1) We are going to set up, by law, the exact same military
> commissions the president originally proposed and 2) We are removing the
> whole business from review by the judiciary. This means that the military
> tribunals are OUTSIDE the jurisdiction of the courts. Never again can the
> Supreme Court meddle with military tribunals. The court was not only
> rebuked, it was slapped down hard.
>
> Interestingly, there were over 300,000 POWs incarcerated in 541 camps in
> the US during WW2. NOT ONE of them had access to our courts, via habeas or
> otherwise. ALL were handled by the military.
>
> The first military tribunal was conducted by George Washington when Maj
> Gen Andre was tried as a spy - by a military commission. Andre was hanged
> within ten days of being caught behind our lines in disguise.
This system *might* work fairly, assuming the military was not contaminated
at the moment. You might do well to do some reading about the military's
condition at the end of Eisenhower's term.
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