Indefinite Military Detention in America

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blankslate

Diamond Member
Jun 16, 2008
8,705
507
126
There are only a few dozen. Plenty of room for them. Just make sure the places they are taken have showers, they will definately be needed.

Do you know how incompetent FEMA is? Even if they're only a few dozen something new will be needed that's better than the FEMA camps.
 

kage69

Lifer
Jul 17, 2003
28,762
40,229
136
Do you know how incompetent FEMA is? Even if they're only a few dozen something new will be needed that's better than the FEMA camps.

Bush era nepotism does not represent the full story on FEMA. Believe it or not FEMA did it's job before The Chimp appointed a horse club president to run it.
 

Spikesoldier

Diamond Member
Oct 15, 2001
6,766
0
0
Sigh. Section B makes assertions as to guilt prior to indictment or trial for covered persons who can be locked up indefinitely w/o trial by the military because the mere assertion of guilt is sufficient to lock them up indefinitely w/o trial...

Ever read Catch-22?

this is exactly what they want. shifting the burden of proof from the accuser to the accused, much like the patriot act, where you are guilty until proven innocent.
 

cybrsage

Lifer
Nov 17, 2011
13,021
0
0
The US Surpreme Court already said that all US Citizens have the right to put forth a writ of habeas corpus. This law cannot override the US Supreme Court's constitutional ruling.

Sorry to burst the bubble of those who claim it will...well, not really. I happy proclaim the US Supreme Court's ruling will not vanish due to this law.
 

GarfieldtheCat

Diamond Member
Jan 7, 2005
3,708
1
0
Which makes you different from those here illegally. They do not follow the law.

Irrelevant. Criminals break the law all the time, doesn't give the police free reign to ignore the law.


You really give the Constitution a LOT more power than it actually has. It is an amazing document, but it does not spell out every single thing, and it is not as protecting as you claim it to be.

I guess I should have spelled it out, but I was talking about the amendments Jhnnn pointed out to you. If you are in the US, you can't be locked up forever, legal alien, illegal alien, or citizen. That is pretty clear. They get all the same rights and protections as you do in the US, regarding arrests and criminal trials. Do you really think they shouldn't?

Don't know why you feel that illegal aliens should not have any rights.
 

cybrsage

Lifer
Nov 17, 2011
13,021
0
0
Irrelevant. Criminals break the law all the time, doesn't give the police free reign to ignore the law.

Who is ignoring the law, other then the illegal aliens? And if you claim the police are ignoring the law, what law are they ignoring?




I guess I should have spelled it out, but I was talking about the amendments Jhnnn pointed out to you. If you are in the US, you can't be locked up forever, legal alien, illegal alien, or citizen. That is pretty clear. They get all the same rights and protections as you do in the US, regarding arrests and criminal trials. Do you really think they shouldn't?

The Constitution gives different rights to different classifications of people. I already showed it even treats natural born citizens differently based on age alone.

Don't know why you feel that illegal aliens should not have any rights.

Because they are not supposed to be here. Why do you feel that illegals should have all the rights of those here legally?
 

Hayabusa Rider

Admin Emeritus & Elite Member
Jan 26, 2000
50,879
4,266
126
The US Surpreme Court already said that all US Citizens have the right to put forth a writ of habeas corpus. This law cannot override the US Supreme Court's constitutional ruling.

Sorry to burst the bubble of those who claim it will...well, not really. I happy proclaim the US Supreme Court's ruling will not vanish due to this law.

This shouldn't have been proposed at all. I'm not at all certain the SCOTUS will reject this as it has effectively suspended parts of the Constitution during "war time" and note that is specifically mentioned in the bill. Both the left of old and Barry Goldwater are turning over in their graves.
 

cybrsage

Lifer
Nov 17, 2011
13,021
0
0
The war would have to be declared by Congress in order for it to be a war, from a Constitutional standpoint.

But you are right in that the US Citizen exemption should explicitly be stated in the bill.
 

Jhhnn

IN MEMORIAM
Nov 11, 1999
62,365
14,681
136
The US Surpreme Court already said that all US Citizens have the right to put forth a writ of habeas corpus. This law cannot override the US Supreme Court's constitutional ruling.

Sorry to burst the bubble of those who claim it will...well, not really. I happy proclaim the US Supreme Court's ruling will not vanish due to this law.

Sounds peachy & all, except that once you're locked up it might take 10 years to get out given the way the system works. Or, after 5-7 years, you take a plea amounting to time served so you can get out, which just gives them license to keep on doing the same thing to others. Once you take a plea, the rest of it falls to the wayside with no legal precedents established at all, other than defining what the authorities can get away with. They don't have to make a case at all.

It's all just right wing ideologues grandstanding, pandering to fear & loathing, giving their rabid base another dose of outrage to satisfy the addiction... both the junkies and the pushers will be back, addiction being what it is...
 

Hayabusa Rider

Admin Emeritus & Elite Member
Jan 26, 2000
50,879
4,266
126
Sounds peachy & all, except that once you're locked up it might take 10 years to get out given the way the system works. Or, after 5-7 years, you take a plea amounting to time served so you can get out, which just gives them license to keep on doing the same thing to others. Once you take a plea, the rest of it falls to the wayside with no legal precedents established at all, other than defining what the authorities can get away with. They don't have to make a case at all.

It's all just right wing ideologues grandstanding, pandering to fear & loathing, giving their rabid base another dose of outrage to satisfy the addiction... both the junkies and the pushers will be back, addiction being what it is...

So the Dems will vote against this as a whole and Obama will veto it?
 

cybrsage

Lifer
Nov 17, 2011
13,021
0
0
Sounds peachy & all, except that once you're locked up it might take 10 years to get out given the way the system works. Or, after 5-7 years, you take a plea amounting to time served so you can get out, which just gives them license to keep on doing the same thing to others. Once you take a plea, the rest of it falls to the wayside with no legal precedents established at all, other than defining what the authorities can get away with. They don't have to make a case at all.

It's all just right wing ideologues grandstanding, pandering to fear & loathing, giving their rabid base another dose of outrage to satisfy the addiction... both the junkies and the pushers will be back, addiction being what it is...

Except that you can put in a writ of habeus corpus much, much sooner than that. Even the most nortorious case, Padilla, was only held for 3.5 years and he was the test case. Test cases are always more drawn out due to the novelty of the issue. Now that precident is set, all others will be far faster if they even happen at all. I doubt they will happen at all, since the government knows it will lose due to precident being set.
 

Jhhnn

IN MEMORIAM
Nov 11, 1999
62,365
14,681
136
Except that you can put in a writ of habeus corpus much, much sooner than that. Even the most nortorious case, Padilla, was only held for 3.5 years and he was the test case. Test cases are always more drawn out due to the novelty of the issue. Now that precident is set, all others will be far faster if they even happen at all. I doubt they will happen at all, since the government knows it will lose due to precident being set.

New law, so everything starts over from square one. And the govt doesn't care if they lose in the end, because your junkie ass has been in lockdown the whole time, naked, in a sensory deprivation cell designed to break your spirit & drive you crazy, a la Bradley Manning. 18 months into it, and he still hasn't been put on trial.

Witness the other military detention going on- Gitmo. Those guys have been held for nearly 10 years, and I doubt that the govt could make a case against the vast majority even in a kangaroo court. If they could, they would have by now.

Gotta save face, no matter what. Can't just admit that the whole thing was set up for domestic political posturing, a sop to the propagandized population convincing us that the Bush Admin was Tough on Terrarists! and that there really was one under every bed in the whole world, snuggled up next to the boogeyman.
 

cybrsage

Lifer
Nov 17, 2011
13,021
0
0
New law, so everything starts over from square one.

No, it does not.

And the govt doesn't care if they lose in the end, because your junkie ass has been in lockdown the whole time, naked, in a sensory deprivation cell designed to break your spirit & drive you crazy, a la Bradley Manning. 18 months into it, and he still hasn't been put on trial.

Yes, they do.

Witness the other military detention going on- Gitmo. Those guys have been held for nearly 10 years, and I doubt that the govt could make a case against the vast majority even in a kangaroo court. If they could, they would have by now.

They are not US Citizens. Of course, Bush tried to use tribunals to release as many as possible prior, but the court system struck him down each time.

Gotta save face, no matter what. Can't just admit that the whole thing was set up for domestic political posturing, a sop to the propagandized population convincing us that the Bush Admin was Tough on Terrarists! and that there really was one under every bed in the whole world, snuggled up next to the boogeyman.

It wasn't, but your fearmongering is pretty impressive.
 

Jhhnn

IN MEMORIAM
Nov 11, 1999
62,365
14,681
136
They are not US Citizens. Of course, Bush tried to use tribunals to release as many as possible prior, but the court system struck him down each time.

That's soooo lame. The vast majority of detainees have been released or transferred to their home countries w/o facing a tribunal. They can be released at any time, at the whim of the POTUS.

The reason the Bushistas didn't proceed with tribunals is that they wanted convictions, not releases, and making that happen would have made any proceedings a transparent sham. A fair trial always includes the possibility of the defendant being found not guilty, and they weren't prepared to accept that. Better to make promises & obfuscate, keep on keepin' on.

To his shame, Obama has done just that himself.
 

cybrsage

Lifer
Nov 17, 2011
13,021
0
0
That's soooo lame. The vast majority of detainees have been released or transferred to their home countries w/o facing a tribunal. They can be released at any time, at the whim of the POTUS.

Sure, how about we put them in your house? No?

The reason the Bushistas didn't proceed with tribunals is that they wanted convictions, not releases, and making that happen would have made any proceedings a transparent sham. A fair trial always includes the possibility of the defendant being found not guilty, and they weren't prepared to accept that. Better to make promises & obfuscate, keep on keepin' on.

Nope. The courts struck down every military commission Bush setup to find if there was any reason to keep the people so he could start releasing them.

First time, the courts said he needed approval from Congress.
Second time, Congress passed a law saying there could be tribunals. The courts struck it down because they did not like the wording.

Third time was the charm, and finally the tribunals could start (after a lengthy judicial review of the rules). Bush's term ended shortly after that. Obama has finally decided to start them back up (did this in March, 2011).

To his shame, Obama has done just that himself.

He decided not to use the tribunals for most of his administration, instead he kept them without any chance of them being released. Thankfully, he has restarted the tribunals so people who should not be there can be released. The others can be set for trial, either military or civilian depending on what they did.


Personally, I think we need to setup another Geneva Convention. This one to specifically decide what to do with Unlawful Combatants. The existing ones never expected global movements where the members refuse to abide by the existing conventions and therefor fall into the cracks. We need rules defined so that those who violate them can be punished. Hard to punish someone for not following a non-existant or exceedingly vague rule.
 

woolfe9999

Diamond Member
Mar 28, 2005
7,153
0
0
An update on this legislation, which should be of concern to everyone. An amendment to strip the detention provisions out of this bill was brought to vote in the Senate and unfortunately it was defeated, 38 to 60. 36 D's and 2 R's voted in favor of the amendment; 44 R's and 16 D's voted against it.

https://www.senate.gov/legislative/...ote_cfm.cfm?congress=112&session=1&vote=00210

Apparently Obama is threatening to veto the bill if it contains the detention provision:

http://www.whitehouse.gov/sites/default/files/omb/legislative/sap/112/saps1867s_20111117.pdf

Let's hope he follows through on it.

- wolf
 

cybrsage

Lifer
Nov 17, 2011
13,021
0
0
If Obama promised to veto it, you can be sure he will sign it. He has a history of promising the exact opposite of what he actually does.
 

GarfieldtheCat

Diamond Member
Jan 7, 2005
3,708
1
0
Who is ignoring the law, other then the illegal aliens? And if you claim the police are ignoring the law, what law are they ignoring?

You said illegals were breaking laws, which I said was irrelevant. Learn to read, or is that too hard for a troll? I pointed out that the police do not get to break the law even when criminals do.


Because they are not supposed to be here. Why do you feel that illegals should have all the rights of those here legally?

Can you read? As I clarified, and you of course ignored, everyone in the US gets "due process". Have you ever read the Bill of rights? Do you see anything in the first seven amendments that says "US citizens only"? I sure don't. They apply to EVERYONE in the US equally. Do you really deny that too?

So again, why do you feel free to ignore the basic laws of this country?
 

GarfieldtheCat

Diamond Member
Jan 7, 2005
3,708
1
0
The ACLU has questions about what this really means.

Link

From the article:
“The exclusion on Section 1032 only applies to 1032. It doesn’t apply to 1031,” he says. “And that only makes it worse, because any judge is going to say, ‘Of course, members of Congress meant for American citizens to be detained because if they didn’t, they would have put in the exception they put in one section later.’ ”

They are worried that the law says locking up a US citizen isn't REQUIRED, which isn't the same thing as it isn't ALLOWED.

They show quotes from both Graham and McCain both stating that in their opinion, US citizens should be allowed to be help by the military.

Also, in another section, the wording is (intentionally?) vague:

Anders is troubled by an additional aspect of Section 1031—the part that mentions transferring someone “to the custody or control of the person's country of origin, any other foreign country, or any other foreign entity.”

The implication, says Anders, is that “if you’re an American citizen and were born somewhere else, you can be sent to the country where you were born, which you fled, which is out to persecute you.”

I’d like to add that the way the clause is constructed—note the use of the conjunction “or”--it could mean that even a person born in the United States could be sent overseas. And what, may I ask, is a “foreign entity”? Would that include Erik Prince’s new mercenary company in Abu Dhabi?
 

cybrsage

Lifer
Nov 17, 2011
13,021
0
0
You said illegals were breaking laws, which I said was irrelevant. Learn to read, or is that too hard for a troll? I pointed out that the police do not get to break the law even when criminals do.

No one gets to ignore the law. Even illegals are not allowed to ignore it.

Can you read? As I clarified, and you of course ignored, everyone in the US gets "due process". Have you ever read the Bill of rights? Do you see anything in the first seven amendments that says "US citizens only"? I sure don't. They apply to EVERYONE in the US equally. Do you really deny that too?

No one claimed they did not.

So again, why do you feel free to ignore the basic laws of this country?

I am not.
 

cybrsage

Lifer
Nov 17, 2011
13,021
0
0
The ACLU has questions about what this really means.

Link

From the article:


They are worried that the law says locking up a US citizen isn't REQUIRED, which isn't the same thing as it isn't ALLOWED.

They show quotes from both Graham and McCain both stating that in their opinion, US citizens should be allowed to be help by the military.

Also, in another section, the wording is (intentionally?) vague:

They are just fear mongering. The Supreme Court already ruled that US Citizens get to put forth a Writ of Habeus Corpus and therefor get a trial by jury.

Is it their fund drive time again?
 
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