Federal court: Bush can indefinitely detain civilians

[robertpaulsen]

Source: The Raw Story

A federal court has issued two rulings, the New York Times reports: One favoring President Bush's indefinite detentions of "enemy combatants," and another granting one of said "enemy combatants" the opportunity to challenge his detention in court.

The court effectively ruled that President Bush has the same right to indefinitely detain a civilian on American soil as he does an enemy soldier on a battlefield.

Ali al-Marri, the only "enemy combatant" to be held in the continental United States, is in military custody in Charleston, South Carolina. He was arrested in Peoria, Illinois on December 12, 2001 on charges of credit card fraud and lying to federal agents before being sent to Charleston in 2003. A 5-4 majority of the United States Court of Appeals, Fourth Circuit, said that a sworn statement from an intelligence official as the government's sole testimony in an earlier proceeding was "inadequate." The official, Jeffrey N. Rapp, said that al-Marri was an al-Qaeda sleeper agent whose objective in the United States was to "commit mass murder and disrupt the banking system."

The other ruling effectively reverses an earlier ruling by a three-judge panel with the same court that ordered that al-Marri be either charged with a crime or released.



Read more: http://rawstory.com/news/2008/Federal_court_Bush_can_indefinitely_detain_0715.html

[sakabatou]

1. *head explodes*

[mediaman007]

2. With this kind of power, why would Bush* leave office on 1/20/09?

Anyone who challenged him, would be indefinitely detained.

[peacetalksforall]

12. When you think about Cheney and Chertoff and Feith and Addington and

slews of others - you know they don't want to give up their dirty jobs and have anything revealed so they don't want to close it down. We are in a very scary last period of a reign of terror from people who want to totally own us.

[bdamomma]

22. he is a defiant little

prick.

[lovuian]

3. I guess this will go to the Supreme Court

this cases are to tear away Habeas Corpus and put us back into the Dark Ages

[robertpaulsen]

4. I'm sure it will.

And just before they hear it, Cheney and Scalia will have a nice duckhunting trip once again.

:mad::mad::mad::mad::mad::mad::mad::mad::mad::mad::mad::mad::mad::mad::mad::mad::mad:

[peacetalksforall]

5. "credit card fraud and lying to federal agents" What would be the typical

sentences for these crimes if the convicted person was a white Christian male or female whose parents parents emigrated from Western Europe? How long would they be in prison unrepresented - if imprisoned indefintiely?

[sui generis]

20. oh yeah, and what about running of statute?

does being held without charge suspend running of statute? Seems kind of counter-logical.

[tismyself]

6. and what about

the situation with Huzaifa Parhat down in Gitmo? Are those guys ever going to see the light of day again?

Another question on my mind is whether or not anything is being done to assist them with what's left of their lives when they are released. They are going to need somewhere to live, a job, clothes, etc. Does anyone know?

[GreenPartyVoter]

7. Yet another thing Obama will have to fix. That poor man is going to be SO busy cleaning up after **

[LanternWaste]

8. I'm afraid his entire Presidency will be taken up with...

I'm afraid his entire Presidency will be taken up with returning the U.S. to its pre-Bush years...

So much to do. So little time.

[Stand and Fight]

10. This makes me wonder if Obama will even be allowed to win...

All this power? Do we really think the Republicans are going to hand this to a Democrat?

[dipsydoodle]

9. And it follows from that

that all foreign countries have the same rights to detain American citizens indefinately in their own countries blah blah blah which means kidnapping just ceased to be illegal :shrug:

[Stand and Fight]

11. Really surprised this hasn't been recommended...

So, I'll do it myself in hope that others will follow suit...

[AzDar]

13. .....

:wow:

[EVDebs]

14. Proof positive that habeas corpus is deadern a doornail. nt

[Zodiak]

15. From the article:

"All of the judges who would have denied Mr. Marri any relief — Judges Wilkinson, Karen J. Williams, Paul V. Niemeyer and Allyson K. Duncan — were appointed by Republican presidents; all who would have granted him full relief were appointed by Democrats. Judge Traxler was appointed to the appeals court by President Bill Clinton.

In the conclusion of his long opinion, Judge Wilkinson said terrorism cases presented courts with special challenges.

“We may never know,” he said, “whether we have struck the proper balance between liberty and security, because we do not know every action the executive is taking and we do not know every threat global terror networks have in store.”"


This is a really crappy ruling. The 9 judges issued a total of 7 opinions....the plurality of judges ruled that the detainee should not be held without his rights, but 5 of the Repuke judges in the most conservative appeals court in the country just had to vote based on fear and ignorance, and all of their opinions were disparate, but still won the day.

I love the cute little statement at the end where the judge says he has no idea if he did the right thing because the executive branch is secretive and he is really really scared of terrorists. Glad to know he used somethng OTHER than the law to base his decision on.

I hate what these repuke pigs have done to America.

[formercia]

16. "commit mass murder and disrupt the banking system."

so, that's where Junior got the idea. It wasn't even original. Those frat boy were always copying off of other papers.

[elehhhhna]

23. dang, he's good! He disrupted the whole banking system from his jail cell?

Gotta hand it to him.

If disrupting the banking system = terrorism, there are a lotta traders (traitors? lol)bankers, and financial execs who need to report to GITMO, stat.

[unblock]

17. so, just as an example, he has the power to indefinitely detain obama?

then if obama's lawyers file suit, can shrub indefinitely detain the lawyers?
how about the reporters who cover the story?

thank god we live in the land of the free!

[f the letter]

18. Amazing.

This had best get appealed all the way to the supreme court. Unreal.

[sui generis]

19. god dammit. I am an al qaeda sleeper agent myself

They sent me the signal just an hour ago. There were some leftover beans in the breakroom, and I ate them. Every last one, and they were good.

I am preparing to explode as I type.

George Bush you are so far beneath contempt words cannot serve. I fart in your general die-rection.

Well, terror terror terror! What are we at sage alert or up to mulberry now?

WHAT on earth is wrong with just saying "terrorism" is a criminal act?

It is a fucking crime, period, not some special needs special case hullullullullullullllulu bit of black magic that us mere mortals are not privy to understand.

When we differentiate terrorism from a criminal act we give it special status and special opportunity for abuse. As we have shown, we shirk no opportunity to abuse the term. Didn't pay your taxes? you're a terrorist. flipped somebody off in traffic? You're a terrorist. Wrong skin color, cultural background, or maybe just have a grudge against the war criminals in our current administration? You're a terrorist.

So, I believe that our president should be subject to the world court and charged with war crimes. I believe that Amnesty International has got it right, all the time, every time. I think the TSA and the Department of Homeland Security are incompetent festering tits that a five year old with a closed head injury could outwit.

I guess that makes me a terrorist. Nobody here is surprised of course.

Jeeeeee-zuss.

[biermeister]

21. we are truly fucked

[Zorra]

24. Maybe after the election, civilians will indefinitely detain Bu*h.

Life in prison for murder and war crimes is pretty indefinite.

[AndyTiedye]

25. Gearing Up to Suspend Elections Indefinitely (and Everything Else to Do with Democracy)

They WILL NOT let Obama become President.

:scared:

[ArbustoBuster]

26. Wasn't this one of the things that made us declare war on Great Britain...

...in 1776?

[OneBlueSky]

27. um . . . isn't this unconstitutional? . . . n/t

.

[Amonester]

28. "commit mass murder and disrupt the banking system." !!!1!1

RRRRRReally....

"commit mass murder and disrupt the banking system."

It sure looks like What this bunch of war criminals in the WH and their appointee sycophants have been bu$y doin' for 7.5 years!

One Of The Most Accurate Description Of This $tupid pResidency.


Edited to say these accusations should be brought up against * and his PNAC mobsters.

[LynnTheDem]

29. WOW!!! Think of all the POWER DEMS will have!!!

The next DEM President will be able to lock up ANYONE they want, FOREVER!!!

THANKS, rightwingnuts!!!










Think they're getting the fucking clue yet???