What happend to Due Process?

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her209

No Lifer
Oct 11, 2000
56,336
11
0
So TexasHiker...if a US citizen goes to Afghanistan, joins the Taliban or Al Queda, and takes up arms against US troops, you don't think the troops should shoot to kill that US citizen? If he's firing on US troops, they should just try to capture him for trial?

Fuck that. While capture and trial of US citizens in such a situation would be (in a perfect world) the ideal choice, allowing the US citizen who's actively trying to kill US troops to continue his actions places those US troops in greater danger.
If that US citizen opts to continue his actions, let him pay for those actions with his life.

What's hilarious (to me) about all this Faux outrage by the righties, is that if it was a Republican in office, they'd be defending this instead of attacking it.

I'm not an Obama supporter, didn't vote for him, (for the first time since I started voting in 1972, I didn't vote for the (D) ) but it seems like it doesn't matter what Obama does, as far as those on the right are concerned, it's wrong.
Too many people care more about politics than they do the country.
I don't think anyone would have batted an eye if John Walker Lindh had been killed on the battlefield instead of being captured.

But let's say al-Alawki was captured. Will the righties be OK with Obama bringing him back onto US soil and trying him? I doubt it.
 

Texashiker

Lifer
Dec 18, 2010
18,811
197
106
So TexasHiker...if a US citizen goes to Afghanistan, joins the Taliban or Al Queda, and takes up arms against US troops, you don't think the troops should shoot to kill that US citizen? If he's firing on US troops, they should just try to capture him for trial?

Do you have any proof that Awlaki ever took up arms against the US? Did he ever fire upon another US citizen? As far as I know, Awlaki posted youtube videos and wrote for a website.

Besides the government saying Awlaki was a terrorist, do we have "any" type of proof?

I think the evidence the death panel has should be presented to the public for review. If the government has some kind of evidence against Awlaki, I would like to see it.
 

soundforbjt

Lifer
Feb 15, 2002
17,788
6,040
136
No, this thread is about a panel of people acting as judge and jury.

The other threads were about US citizens not getting due process.

Title of this thread:What happend to Due Process?

The other threads were about US citizens not getting due process.

And this one isn't? then change the thread title cause it's wrong.
 

Wreckem

Diamond Member
Sep 23, 2006
9,461
996
126
A lot of states but not a majority have statutes that someone illegally entering your house is an immediate threat and you can use deadly force.

Plus, homeowner shooting and intruder, is not the federal government secretly voting to assassinate someone. The constitution applies in later, not the former.

This thread is supposed to be about the secret panel that gets to decide whether or not it can kill an american citizen. This panel is UNCONSTITUTIONAL. You can argue the constitutionality and rational of actually killing the guy, but the panel is in no way shape or form constitutional.
 
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woolfe9999

Diamond Member
Mar 28, 2005
7,153
0
0
Do you have any proof that Awlaki ever took up arms against the US? Did he ever fire upon another US citizen? As far as I know, Awlaki posted youtube videos and wrote for a website.

Besides the government saying Awlaki was a terrorist, do we have "any" type of proof?

I think the evidence the death panel has should be presented to the public for review. If the government has some kind of evidence against Awlaki, I would like to see it.

No, the evidence shouldn't be presented to the public for review, because said evidence is part of an ongoing investigation of an entire organization and exposing it to the public would jeopardize said investigation. There is nothing inherently suspicious about the evidence not being released because it would be foolish to release it. You can choose to argue that you not being aware of the evidence means it doesn't exist or if you didn't see a tree fall in the forest it didn't fall, but an argument from ignorance is meaningless.
 

Texashiker

Lifer
Dec 18, 2010
18,811
197
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No, the evidence shouldn't be presented to the public for review, because said evidence is part of an ongoing investigation of an entire organization and exposing it to the public would jeopardize said investigation.

How do you think this relates to a citizens right to a public trial?

Personally, I do not believe the government had any evidence the accused did anything but talk.
 

woolfe9999

Diamond Member
Mar 28, 2005
7,153
0
0
How do you think this relates to a citizens right to a public trial?

Personally, I do not believe the government had any evidence the accused did anything but talk.

Your personal belief is based on nothing other than solipsism, the idea that nothing exists outside your personal knowledge or perception. I have no reason to believe the government is lying about having such evidence because it doesn't have a motive to lie in this particular case. There are many, many other radical Muslims who "mouth off" on the internet and elsewhere, on a daily basis, yet they aren't being accused of planning terrorist acts. There is no reason for the government to arbitrarily choose Al-Awlaki among all radical Islamist mouthpieces to make a false charge.

You and some others here are right to raise the issue of legality and Constitutionality. I don't think I agree with you on the legalities but the notion of an America where we do something like this and no one questions it is a frightening one. On the other hand, you do the issue you raise a disservice by arguing the man's actual innocence. Suffice it to say you think it needs to be tested in a trial and leave it at that.

- wolf
 

Texashiker

Lifer
Dec 18, 2010
18,811
197
106
Your personal belief is based on nothing other than solipsism, the idea that nothing exists outside your personal knowledge or perception. I have no reason to believe the government is lying about having such evidence because it doesn't have a motive to lie in this particular case.

Regardless of what I believe, if a panel is going to act as judge and jury, shouldn't the evidence be made public?

Under the Sixth Amendment, US citizens are entitled to a public trial.
 

GarfieldtheCat

Diamond Member
Jan 7, 2005
3,708
1
0
Your personal belief is based on nothing other than solipsism, the idea that nothing exists outside your personal knowledge or perception. I have no reason to believe the government is lying about having such evidence because it doesn't have a motive to lie in this particular case. There are many, many other radical Muslims who "mouth off" on the internet and elsewhere, on a daily basis, yet they aren't being accused of planning terrorist acts. There is no reason for the government to arbitrarily choose Al-Awlaki among all radical Islamist mouthpieces to make a false charge.

You and some others here are right to raise the issue of legality and Constitutionality. I don't think I agree with you on the legalities but the notion of an America where we do something like this and no one questions it is a frightening one. On the other hand, you do the issue you raise a disservice by arguing the man's actual innocence. Suffice it to say you think it needs to be tested in a trial and leave it at that.

- wolf

Wow, look who's talking! Just because you have no belief the government isn't lying, doesn't make it true either. You have no proof either.

And looking at recent events, there are far more instances of where the government HAS lied to us then the other way around.

You do remember the secret evidence saying Saddam had WMD?
AQ in Iraq?
Waterboarding? Denied several times before being admitted?
Rendition? Secret Prisons?
"Everyone at Gitmo is guilty" or they are the "worst of the worst"?
Abu Graib wasn't a big deal and barely happened until the pictures got leaked
Wikileaks? Those leaked cables showed all sorts of government lies

I could go on and on, but I think I have posted enough outright lies to show why anyone should be at the minimum, skeptical of any official statement.

I mean, did you see my links? Even the vaunted "unnamed sources" speaking about the evidence admitted it is patchy. If the totally anonymous, we won't tell you what it is is patchy, the reality is probably that it is less then patchy.

Do you have some sort of special memory, where you only question the statements you don't want to believe, LOL?
 

woolfe9999

Diamond Member
Mar 28, 2005
7,153
0
0
Wow, look who's talking! Just because you have no belief the government isn't lying, doesn't make it true either. You have no proof either.

And looking at recent events, there are far more instances of where the government HAS lied to us then the other way around.

You do remember the secret evidence saying Saddam had WMD?
AQ in Iraq?
Waterboarding? Denied several times before being admitted?
Rendition? Secret Prisons?
"Everyone at Gitmo is guilty" or they are the "worst of the worst"?
Abu Graib wasn't a big deal and barely happened until the pictures got leaked
Wikileaks? Those leaked cables showed all sorts of government lies

I could go on and on, but I think I have posted enough outright lies to show why anyone should be at the minimum, skeptical of any official statement.

I mean, did you see my links? Even the vaunted "unnamed sources" speaking about the evidence admitted it is patchy. If the totally anonymous, we won't tell you what it is is patchy, the reality is probably that it is less then patchy.

Do you have some sort of special memory, where you only question the statements you don't want to believe, LOL?

Government makes statements to the public about thousands of things over time. You can assume whatever you like. Anyone can lie at any time, about anything. Myself, I look at the circumstances and draw the most logical inference. Take Iraq and the WMD's, for example. Not only was there a motive to lie in that case, to justify the war, but when I saw the Bush admin cutting the UN inspection short after it issued its interim report, it looked awfully suspicious. I see no indicia here of dishonesty. There is nothing inherently suspicious about not releasing the evidence. I'd be surprised if they did. I'd be surprised if any law enforcement agency released information about an ongoing investigation involving more than one person. The fact that paranoid people will assume that no such evidence exists is a tradeoff for not endangering an ongoing investigation.

You can assume the government lies about everything all the time. You can assume that the BLS is lying to underestimate unemployment numbers to help out the POTUS politically. You can assume the Bush admin perpetrated 9/11. You can assume OBL isn't actually dead or that he died years ago. Why believe the government? You can assume anything you want if it suits you. One thing is certain, however, your statement "there is no evidence of his guilt" is dishonest. The truth is, you just don't know and you're assuming it, and you're confusing your opinion with fact.

Do I "know" there is evidence? No, epistemologically speaking, I can't "know" something unless I perceive it with my own senses. However, I'm not the one who has claimed knowledge and certainty here. You are.

- wolf
 

Craig234

Lifer
May 1, 2006
38,548
350
126
Let's save a ton of money by getting rid of defense lawyers and trials.

From now on, police and prosecutors have the same laws and requirements of evidence to convict someone, but they just do it secretly.

If they get the evidence someone is guilty of a crime, they carry out the punishment.

What could go wrong?
 

woolfe9999

Diamond Member
Mar 28, 2005
7,153
0
0
Yawn at the constant use of slippery slope assumptions and fallacies, and false equivalencies. It's just like with the libertarians. You regulate one thing and its, gee, tomorrow the government will be regulating everything in our lives to the point where we'll have government monitors standing over us every time we take a piss.

- wolf
 

Doppel

Lifer
Feb 5, 2011
13,306
3
0
Like the movie Judge Dread IIRC. Pretty fvcking amazing actually that this can exist. I have no problem and most of us don't with anybody, US citizen or not, being targeted in certain conditions. And this Al-guy maybe did deserve it, but this panel seems to have little oversight or rules, just kind of whomever whenever.
 

Moonbeam

Elite Member
Nov 24, 1999
73,294
6,352
126
Let's save a ton of money by getting rid of defense lawyers and trials.

From now on, police and prosecutors have the same laws and requirements of evidence to convict someone, but they just do it secretly.

If they get the evidence someone is guilty of a crime, they carry out the punishment.

What could go wrong?

As opposed to tying your hands while you get constitutional authority to blow up a building terrorists are assembling nuclear suit case bombs to smuggle into the country in shipping containers.

The sad fact is that folk on your side of the argument fail to weigh the risks of legal nicety over against the threat of madness we are up against.

To aid, abet, or affiliate with Al Quaida in any way other than as a spy, an organization which has among it's various aims, destroying America by terrorism, is to declare war war against the American people. If you can be gotten to by the President of those people in any window of opportunity you're toast. We have 9/11 over your fear of Hitler.

The evidence against the target will not be made public for national security reasons. That monster, Obama, has it all figured out. He gets to go on these fun killing sprees and hide his justification. Obama, I'm one of the good guys on your side, please please don't nuke me. You know, just in case.
 

Moonbeam

Elite Member
Nov 24, 1999
73,294
6,352
126
Like the movie Judge Dread IIRC. Pretty fvcking amazing actually that this can exist. I have no problem and most of us don't with anybody, US citizen or not, being targeted in certain conditions. And this Al-guy maybe did deserve it, but this panel seems to have little oversight or rules, just kind of whomever whenever.

Yup, just some jokers from the local bar.
 

Texashiker

Lifer
Dec 18, 2010
18,811
197
106
Yawn at the constant use of slippery slope assumptions and fallacies, and false equivalencies.

If the federal government does not have to display the evidence in public, then neither should anyone else.

Someone can be charged with a crime, and sentenced to death by a secret panel without being able to offer evidence on their behalf. They will not even know they have been sentenced to death until the police show up to kill them,

Sounds like a plan to me.
 

SandEagle

Lifer
Aug 4, 2007
16,809
13
0
http://www.reuters.com/article/2011/10/05/us-cia-killlist-idUSTRE79475C20111005

U.S. officials contrast intelligence suggesting Awlaki's involvement in specific plots with the activities of Adam Gadahn, an American citizen who became a principal English-language propagandist for the core al Qaeda network formerly led by Osama bin Laden.


While Gadahn appeared in angry videos calling for attacks on the United States, officials said he had not been specifically targeted for capture or killing by U.S. forces because he was regarded as a loudmouth not directly involved in plotting attacks.
hey, why not this guy aka AL-Amriki? he's been out of the public light for awhile now... ohhhh, that's right. Adam Gadahn is a propaganda fake. His real name is Adam Pearlman, grandson of the late Karl Pearlman; a prominent Jewish urologist in Orange County.

http://en.wikipedia.org/wiki/Adam_Yahiye_Gadahn
 
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Moonbeam

Elite Member
Nov 24, 1999
73,294
6,352
126
If the federal government does not have to display the evidence in public, then neither should anyone else.

Someone can be charged with a crime, and sentenced to death by a secret panel without being able to offer evidence on their behalf. They will not even know they have been sentenced to death until the police show up to kill them,

Sounds like a plan to me.

You have fun being an idiot don't you? Only the government can prevent evidence from going public when it's a national security issue. And the panel isn't secret, it's the evidence that is.
 

Craig234

Lifer
May 1, 2006
38,548
350
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And the panel isn't secret, it's the evidence that is.

No, actually, the panel is 'secretive'.

There is no law establishing the panel. There is no law about how the panel will operate. There are no public records of the panel's activities or discussions.

In other words, it's a very secretive, outside the law panel.
 

Craig234

Lifer
May 1, 2006
38,548
350
126
As opposed to tying your hands while you get constitutional authority to blow up a building terrorists are assembling nuclear suit case bombs to smuggle into the country in shipping containers.

Straw man. If there is a group of terrorists assembling nuclear suit bombs to smuggle into the US, there is nothing stopping the government from stopping them.

On the other hand, if there is a guy who has been expressing hostile opinions for years, sympathetic to a group who might someday make such weapons if they ever get the chance which they have not yet and there's no indication they will in the foreseeable future, then having the President unilaterally claim someone has those hostile opinions and deserves to be killed, as judge, jury and executioner, outside any proper legal system when it's not such an emergency, is another matter.

The sad fact is that folk on your side of the argument fail to weigh the risks of legal nicety over against the threat of madness we are up against.

No, the sad fact is that you have your finger on the scale and are pressing it with all your weight to one side. I'm for effectively addressing the actual threat.

To aid, abet, or affiliate with Al Quaida in any way other than as a spy, an organization which has among it's various aims, destroying America by terrorism, is to declare war war against the American people. If you can be gotten to by the President of those people in any window of opportunity you're toast. We have 9/11 over your fear of Hitler.

Yes, let's just give up our values and legal processes to the terrorists, and give them that victory wit a ribbon around it.

And no, I don't think the wife of an Al Queda leader who makes him dinner - which falls in your definition - is 'declaring war on America'. That's hysterical, not ha ha, but screaming panicked hysterical. When Ron Paul and others say 'Al Queda has some valid criticisms of the US, which don't justify their violence', that falls outside your definition, too. They aren't declaring war on America. People can even support various goals of Al Queda without declaring war on America. Is wanting fundamentalist Muslim countries - something I strongly oppose - now 'declaring war on America'? How about evangelical Christians? The Amish?

Murder isn't accepted. You might say a murderer is 'declaring war on America' the way you say Al Queda 'supporters' are. So, should we abandon our justice system that lets murderers go free all the time - more than a reasonable doubt is hard to prove - and let you shoot people you think are murderers? Should Obama have a secretive execution panel for any American they think has murdered outside the legal system?

You think Richard didn't want to have Daniel Ellsberg or Jack Anderson or Ted Kennedy (who he had under surveillance) or others killed?

The FBI wanted to kill Martin Luther King, Jr. and made efforts against his life. Wouldn't this have been a convenient and more effective process to use?

Should assassination become a routine, far more widespread activity of the White House with no oversight, from now on? What could go wrong?

What's stopping that from happening? Nothing.

Just because you like and trust Obama to use such a power responsibly doesn't make it a good idea.
 
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Texashiker

Lifer
Dec 18, 2010
18,811
197
106
You have fun being an idiot don't you? Only the government can prevent evidence from going public when it's a national security issue.

If the government has evidence, either drop the case or let the evidence be known.

http://en.wikipedia.org/wiki/Sixth_Amendment_to_the_United_States_Constitution

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.

National security or not, the accused has the right to see the evidence.

Personally, I think the government does not have crap on the accused.
 

Craig234

Lifer
May 1, 2006
38,548
350
126
National security or not, the accused has the right to see the evidence.

Personally, I think the government does not have crap on the accused.

People disagreeing with you are conflating issues, from 'the President can assassinate anyone anytime without oversight' to people building nukes to use.

There are times it's practical to either arrest or accept enemies overseas, and times when it's a military issue to kill an enemy over.

Can Iran assassinate John McCain for his desire to launch a war against them? Watch people unable to defend why not on principle, and just make the issue power.
 
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