What happend to Due Process?

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ConstipatedVigilante

Diamond Member
Feb 22, 2006
7,671
1
0
Didn't this panel of people essentially comprise a quick and speedy trial? They had all the evidence they needed. Al-Awlaki was a self-professed terrorist and a global threat. He sentenced himself to death. Under the protective principle of extraterritorial jurisdiction, the killing is authorized.
 

Moonbeam

Elite Member
Nov 24, 1999
72,708
6,198
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Craig234: Straw man.

M: I don't know what a straw man is.

C: 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.

M: That is just plain absurd. What if they bungled the capture and the bombs went off. For Christ's sake.

C: 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.

M: Has nothing to do with emergency but the window of opportunity. You take it when you have it, period.

C: 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.

M: I can't put all my weight on one finger. You are for addressing the threat as you see it. That doesn't make it the actual threat. And that's the job of the President, not you or me.

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

M: No, let's not let the terrorists use our values and legal processes to live long enough to kill unknown numbers of our citizens.

C: 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?

M: What the fuck are you muttering about? I think I'm supposed to shout Straw Man here. Jesus. Al Quaeda killed three thousand Innocent Americans. I don't give a fuck why. I don't give a crap how justified they think they were, I want folk who kill innocent people stopped any way it can be done. There are no laws that should get in the way. Killing innocent people is the ultimate evil. It is murder. A group in secret judged convicted an executed 3000 innocent people who never saw the charges. Fucktards meet secretly delivered Hellfire missile.

C: Murder isn't accepted.

M: Capital punishment is legal.

C: 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?

Straw Man? Wish I knew. I might say something like that if I were nuts. A person tried and not convicted is innocent. Killing innocent people is wrong. Where have you been?

C: Should Obama have a secretive execution panel for any American they think has murdered outside the legal system?

M: It wasn't outside the legal system. It was legal. And it will remain legal until it is challenged in court or congress outlaws what was done, neither of which has the slightest chance of happening, in my opinion.

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

M: Yup, I don't think he wanted that or it would have happened.

C: 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?

M: What did the President think about that?

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

M: Of Al Quaeda, why not? And especially not with your oversight. What could go wrong is they might miss a few times. What part of killing folk you can't reach legally who are themselves working to kill as many innocent Americans as they can don't you understand. I want such people stopped and if law won't work then by assassination. You can't let evil use your own virtue against you or it ceases to be a virtue.

C: What's stopping that from happening? Nothing.

M: Sure hope not.

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

M: I don't want a lunatic insistence on perfection getting in the way of the good. I would be forced to take the same stand with Bush. You have to be careful who you elect.
 

Darwin333

Lifer
Dec 11, 2006
19,946
2,329
126
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

The slippery slope has already been achieved in this case.

We literally have a secret panel that decides if a us citizen should be murdered without trial or due process. There is no legal authority for either the secret panel or the actions taken. There is also no legal oversight or restrictions on who, how, and why this panel chooses. Otoh, there is very clear law (the so called supreme law of the land) that states this panels actions, along with the presidents approval, are in fact illegal.

If you want to argue that we need legislation that gives them the ability to revoke someone's citizenship, along with clear procedure and judicial review, to handle situations like this than I would agree with you. However I will never agree that the President should or does have the sole authority to suspend the US Constitution, selectively or not, with absolutely zero oversight or legal authority. That is truly what you are currently arguing.

Our entire system of government is built upon checks and balances yet you think the President has the authority to suspend the Constitution without those checks and balances?
 

Darwin333

Lifer
Dec 11, 2006
19,946
2,329
126
Didn't this panel of people essentially comprise a quick and speedy trial? They had all the evidence they needed. Al-Awlaki was a self-professed terrorist and a global threat. He sentenced himself to death. Under the protective principle of extraterritorial jurisdiction, the killing is authorized.

Do you know why the founders added the words "public"and "jury of your peers"?
 

CrackRabbit

Lifer
Mar 30, 2001
16,641
58
91
The slippery slope has already been achieved in this case.

We literally have a secret panel that decides if a us citizen should be murdered without trial or due process. There is no legal authority for either the secret panel or the actions taken. There is also no legal oversight or restrictions on who, how, and why this panel chooses. Otoh, there is very clear law (the so called supreme law of the land) that states this panels actions, along with the presidents approval, are in fact illegal.

If you want to argue that we need legislation that gives them the ability to revoke someone's citizenship, along with clear procedure and judicial review, to handle situations like this than I would agree with you. However I will never agree that the President should or does have the sole authority to suspend the US Constitution, selectively or not, with absolutely zero oversight or legal authority. That is truly what you are currently arguing.

Our entire system of government is built upon checks and balances yet you think the President has the authority to suspend the Constitution without those checks and balances?

How about you get back to me when the FBI starts using Predator drones to take out suspected criminals on US soil and we can talk.
Until then my opinion of the scum that was terminated will remain the same.
 

GarfieldtheCat

Diamond Member
Jan 7, 2005
3,708
1
0
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

Cognitive dissonance for the win?

You are not even making sense. You admit the government lies, but only when they have a motive, but since you don't see a motive in this case, they ust be telling the truth? LOL, what?

BTW, I am not assuming anything. All those things I posted were either admitted as lies my the government later, or shown to be lies by others with real evidence. And then you need to throw out the straw-man fantasies about OBL and 9/11 to try and make yourself feel superior? I didn't mention any of those crackpots, you did...trying to derail the thread. Typical BS attack when you can't argue facts.

In a court case, when you show the witness lied about a ton of things, people usually don't believe them about anything, because they have lied so often you cannot trust anything they say. I guess you do, since you arbitrarily pick and choose (that is an amazing mental ability, is that something all neocons have, kinda like everyone that uses "faith based" evidence, instead of real evidence?) . So despite all those rather important lies the government made, you still take their word for everything. That is stupidity.

So you have any proof the government didn't lie? I mean proof, not your dreams. Anon sources say the evidence is patchy. Even under the blanket of anonymous reporting, no one will say "slam dunk". I wonder why? But hey, the gov never lies, and never does anything wrong, right? I guess you will be voting for Obama, since he said the economy is better, and he wouldn't lie, right? LOL.

I've already pointed out many documented factual cases where they did lie, so it isn't like they are credible anymore. A documented history of lying shows that we should not trust the government blindly, and should insist on proof.

I guess this whole concept of laws is a big bother to you, so you just ignore them when you feel they get in the way?
 

GarfieldtheCat

Diamond Member
Jan 7, 2005
3,708
1
0
How about you get back to me when the FBI starts using Predator drones to take out suspected criminals on US soil and we can talk.
Until then my opinion of the scum that was terminated will remain the same.

Your opinion doesn't mean shit. The only thing that matters is the law.

You got any legal proof?

Just because your opinion is that rapists deserve to die doesn't mean you can go and kill them all, or let the police do it. They still have to get a fair trial. It's called the "law". Have you ever heard of it?

Is that too hard to understand? Perhaps take your HS government class again to learn?
 

Texashiker

Lifer
Dec 18, 2010
18,811
197
106
Didn't this panel of people essentially comprise a quick and speedy trial? They had all the evidence they needed.

Who presented the evidence?

Did the accused have a chance to present evidence in their defense?

Allowing one side in a trial to present the evidence, will almost always result in a guilty verdict. Isn't this one of the things the founding fathers fought for? For the people to have the right to a fair trial, a speedy trial, a public trial, and the right to offer evidence in their defense?
 

Craig234

Lifer
May 1, 2006
38,548
349
126
Moonbeam, I find your comments on this topic largely irrational, a sort of frothing fury, sometimes not even making any sense.

A point by point response to that type of commentary seems useless.

But a straw man is when you create a false version of your opponent's argument that's a lot weaker than his real argument, and argue against it, winning.

Instead of fighting a man, you fight a straw man and say you won.

Poster after poster here is unable to understand the problems with this process, and instead of responding to them, simply says "but this is a bad guy!"

In their simple view it seems you either 'love Al Queda' or 'love this new process'.
 

cubby1223

Lifer
May 24, 2004
13,518
42
86
Your opinion doesn't mean shit. The only thing that matters is the law.

You got any legal proof?

Just because your opinion is that rapists deserve to die doesn't mean you can go and kill them all, or let the police do it. They still have to get a fair trial. It's called the "law". Have you ever heard of it?

Is that too hard to understand? Perhaps take your HS government class again to learn?

Next time around don't vote for those who put this panel together. If I ever get around to voting, I'll be sure to make my vote nullify your vote
 

Darwin333

Lifer
Dec 11, 2006
19,946
2,329
126
How about you get back to me when the FBI starts using Predator drones to take out suspected criminals on US soil and we can talk.
Until then my opinion of the scum that was terminated will remain the same.

Ahh, so you are only concerned about the Federal Government recognizing US citizens constitutional rights when they are actually in the United States?
 

BoomerD

No Lifer
Feb 26, 2006
63,405
11,751
136
Who presented the evidence?

Did the accused have a chance to present evidence in their defense?

Allowing one side in a trial to present the evidence, will almost always result in a guilty verdict. Isn't this one of the things the founding fathers fought for? For the people to have the right to a fair trial, a speedy trial, a public trial, and the right to offer evidence in their defense?

Then, can we presume that you think the Bush administration should be arrested and charged with false imprisonment (and perhaps other charges) for all the folks being held in Guantanamo who still haven't had "their day in court," or have been denied access to lawyers?
 

CrackRabbit

Lifer
Mar 30, 2001
16,641
58
91
Ahh, so you are only concerned about the Federal Government recognizing US citizens constitutional rights when they are actually in the United States?

No, as I pointed out earlier in the thread this guy was an enemy combatant and was with other enemy combatants in a foreign country. Surrounding his house with a SWAT team is a bit out of the question.

I have a question for you. If we had sent in a Special Forces team of some type to attempt to apprehend him and he had been killed attempting to fight or flee would you still have a raging hard on over the fact that he was an American citizen at one point?
What if we had actually apprehended him? Would you be ok with letting him rot in Gitmo without a trial until he is 90, or would you be clamoring to try him for treason and execute him?
 

Craig234

Lifer
May 1, 2006
38,548
349
126
Then, can we presume that you think the Bush administration should be arrested and charged with false imprisonment (and perhaps other charges) for all the folks being held in Guantanamo who still haven't had "their day in court," or have been denied access to lawyers?

Not exactly, but the Bush administration was reckless with rounding up and imprisoning people - and that was criminal IMO. Ask the JAG lawyers about the processes.
 

woolfe9999

Diamond Member
Mar 28, 2005
7,164
0
0
Cognitive dissonance for the win?

You are not even making sense. You admit the government lies, but only when they have a motive, but since you don't see a motive in this case, they ust be telling the truth? LOL, what?

BTW, I am not assuming anything. All those things I posted were either admitted as lies my the government later, or shown to be lies by others with real evidence. And then you need to throw out the straw-man fantasies about OBL and 9/11 to try and make yourself feel superior? I didn't mention any of those crackpots, you did...trying to derail the thread. Typical BS attack when you can't argue facts.

In a court case, when you show the witness lied about a ton of things, people usually don't believe them about anything, because they have lied so often you cannot trust anything they say. I guess you do, since you arbitrarily pick and choose (that is an amazing mental ability, is that something all neocons have, kinda like everyone that uses "faith based" evidence, instead of real evidence?) . So despite all those rather important lies the government made, you still take their word for everything. That is stupidity.

So you have any proof the government didn't lie? I mean proof, not your dreams. Anon sources say the evidence is patchy. Even under the blanket of anonymous reporting, no one will say "slam dunk". I wonder why? But hey, the gov never lies, and never does anything wrong, right? I guess you will be voting for Obama, since he said the economy is better, and he wouldn't lie, right? LOL.

I've already pointed out many documented factual cases where they did lie, so it isn't like they are credible anymore. A documented history of lying shows that we should not trust the government blindly, and should insist on proof.

I guess this whole concept of laws is a big bother to you, so you just ignore them when you feel they get in the way?

I'm sorry but you're being incredibly obtuse. Do I have, what, proof that the government "didn't lie?" What is your proof that they did? YOU stated, without qualification, that NO evidence exists. I never stated the contra without qualification.

Oh right, you have examples of the U.S. government lying about things in the past. Falsus in unum, falsus in omnibus, right. Yeah you're right, we should assume, because the U.S. government has not told the truth every time in this past, that it always lies unless proven otherwise. That means, of course, there is no reason to believe that ANYONE they claim to be a terrorist is actually a terrorist. Even when they present evidence, we can presume that they manufactured and/or manipulated it, right?

I think you need to more clearly define your basic epistemology here. Do we always assume the government lies about everything, all the time, unless we can verify what they're saying with our own 5 senses? If they present evidence, to what extent should be assume that it has been fabricated and/or manipulated? I'm not accusing you of adopting particular conspiracy theories. I just want to know how you determine when you'll believe/trust anything the government says versus when you won't.

My own position is that I do not believe as a general rule that the U.S. government systemically and consistently lies. I don't believe showing 3 or 10 examples proves the sort of pattern you allege because the government makes 100's of assertions every day, in various forms, from presidential speeches to a statistics released by regulatory agencies. However, I believe they are quite capable of lying so when a strong suspicion arises, I accept it. Otherwise, I assume, by default, that they are telling the truth unless I have good reason to suspect otherwise. There is no other sane epistemology for a citizen of this country who cannot personally verify this information to adopt. The alternatives are to selectively distrust information while accepting others, based on ideology, which is what I believe you are doing, or else accepting blanket paranoia, that the government is our enemy, in which case: welcome to the world of Prison Planet and the FEMA camps, enjoy your stay.

- wolf
 
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GarfieldtheCat

Diamond Member
Jan 7, 2005
3,708
1
0
I'm sorry but you're being incredibly obtuse. Do I have, what, proof that the government "didn't lie?" What is your proof that they did? YOU stated, without qualification, that NO evidence exists. I never stated the contra without qualification.

Oh right, you have examples of the U.S. government lying about things in the past. Falsus in unum, falsus in omnibus, right. Yeah you're right, we should assume, because the U.S. government has not told the truth every time in this past, that it always lies unless proven otherwise. That means, of course, there is no reason to believe that ANYONE they claim to be a terrorist is actually a terrorist. Even when they present evidence, we can presume that they manufactured and/or manipulated it, right?

I think you need to more clearly define your basic epistemology here. Do we always assume the government lies about everything, all the time, unless we can verify what they're saying with our own 5 senses? If they present evidence, to what extent should be assume that it has been fabricated and/or manipulated? I'm not accusing you of adopting particular conspiracy theories. I just want to know how you determine when you'll believe/trust anything the government says versus when you won't.

My own position is that I do not believe as a general rule that the U.S. government systemically and consistently lies. I don't believe showing 3 or 10 examples proves the sort of pattern you allege because the government makes 100's of assertions every day, in various forms, from presidential speeches to a statistics released by regulatory agencies. However, I believe they are quite capable of lying so when a strong suspicion arises, I accept it. Otherwise, I assume, by default, that they are telling the truth unless I have good reason to suspect otherwise. There is no other sane epistemology for a citizen of this country who cannot personally verify this information to adopt. The alternatives are to selectively distrust information while accepting others, based on ideology, which is what I believe you are doing, or else accepting blanket paranoia, that the government is our enemy, in which case: welcome to the world of Prison Planet and the FEMA camps, enjoy your stay.

- wolf

Wow, talk about clueless. You seem to pull the usual "can't argue facts" card, and just throw out utter BS and strawman. You trying to link my argument (proof that the gov lies all the time) with whack-job assertions about 9/11, FEMA camps and the like. Total BS, but nice try at such an obvious ploy. Guess you can't really rebate facts can you? It's so obvious you don't have anything to argue with. That's twice you have to stoop low. Care to argue about how the government lied in the (documented) cases I provided, instead of throwing out emotional strawmen?

I guess you have to believe these things so you don't feel too bad at night, so you can feel like we aren't breaking the law. But the facts remain that the government lies A LOT to us, and it's been proven MANY times, and just a few examples I've provided, and you don't even contest.

I don't know about you, but when you lie many times to a friend, your friend probably doesn't believe anything you say, because you have been proven as a liar. OR do you live in a bizarro world where you still are believed after spouting off many lies?

The government lies. FACT. As such, don't you think most reasonable people would insist on evidence, instead of some divine faith in the government, when it has proved it lies? You must have a very odd life if you don't follow this in practice.

Have we seen any evidence? NO. nothing. But you are more then willing to believe whatever the government says. I guess you like bowing down to authority. Again, I await your voting for Obama this election since he has stated the economy is better, and since he doesn't lie, you believe it and will vote for him. (LOL that kinda blows you right out of the water, doesn't it?) Or are you going to magically choose to not believe him, but believe this. Any comment?

Do you deny that the gov lied about everything I listed? Those are not trivial lies to make either.

Do you believe everything Obama says since he can't lie as part of the government?

Do you realize in the court of law, if a person lied like the government in a court case, they would at the least be laughed out of court because no one would believe them, and at worst be in contempt for deliberate lying?

These are basic facts. Sorry if you have some magical faith that lets you think the government doesn't lie to you about a lot of things. It's well documents, so I guess you are free to live in your delusions.
 

Moonbeam

Elite Member
Nov 24, 1999
72,708
6,198
126
Moonbeam, I find your comments on this topic largely irrational, a sort of frothing fury, sometimes not even making any sense.

A point by point response to that type of commentary seems useless.

But a straw man is when you create a false version of your opponent's argument that's a lot weaker than his real argument, and argue against it, winning.

Instead of fighting a man, you fight a straw man and say you won.

Poster after poster here is unable to understand the problems with this process, and instead of responding to them, simply says "but this is a bad guy!"

In their simple view it seems you either 'love Al Queda' or 'love this new process'.

So that's what you are doing every time you use the word 'if'.

But I appreciate you not arguing with me because there isn't any argument that can win. I fully appreciate your fear of power, but I fear Al Quaeda's power more. They have real secret trials where they condemn innocent people and try to get others to do the same. I prefer the real and known threat as a target over the one that is far fetched, your fear of the President over Al Quaeda. I think it's really really dumb. If you really believe Obama killed that guy without serious thought and consideration, I think you're crazy. And I doubt there will be a single legal challenge that holds water. Sorry, but I'm just plane right. Situational ethics wins. Killing innocent people is evil and when the only way to get to a person who has that intention before they carry it out is to assassinate them, that is what must be done. This is just a universal truth, a genetic imperative.
 

Moonbeam

Elite Member
Nov 24, 1999
72,708
6,198
126
Glad to see you admit you don't care about the rule of law.

I would not object to greater protections against the abuse of power by the President so long as I am sure he will violate them in circumstances like this. So I guess I do care about the rule of law a great deal so long as it doesn't create an evil. In such a case ethics supersede the law. The law is only an attempt to approximate justice, it isn't justice itself. For example you would j-run to save a child. The law goes right out the window. The reason we have juries is because the law is dead but justice requires that we feel.

It is much saner, for example to assume the President has the good of his people in mind when he issues a command to kill somebody in a far land then that Al Qaeda members don't intend to kill us.
 

Rainsford

Lifer
Apr 25, 2001
17,515
0
0
Killing a US citizen without due process seems reasonable if they are directly involved with waging war against the government seems reasonable or if they pose an immediate danger (e.g, holding a gun to someone's head in a police standoff). I'm not entirely sure that this case fell into either category, but then again, I'm not a lawyer. If it was my call, I'm not sure I'd be OK with sending a team (or a drone) to another country with the express purpose of killing an American who wasn't doing something directly threatening. Capture and trial would seem more just options.
 

Texashiker

Lifer
Dec 18, 2010
18,811
197
106
Then, can we presume that you think the Bush administration should be arrested and charged with false imprisonment (and perhaps other charges) for all the folks being held in Guantanamo who still haven't had "their day in court," or have been denied access to lawyers?

Yes, as far as I am concerned, king george II has committed crimes against humanity.

Ask yourself, would you like to held in prison without being charged with a crime, no access to a lawyer, and no trial date?


Due process?

He was due and we processed him, whats the problem?

Just hope you are never put on the "process" list.
 
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Jaskalas

Lifer
Jun 23, 2004
33,582
7,645
136
Due process?


He was due and we processed him, whats the problem?

Who is to say that you yourself are not due? All that stands between you and that is the label of terrorist. Then there's no need to arrest you, no need to question you. No process at all. Simply a murder, an assassination.

You'd want men like GWB or Obama to decide your label? I sure as hell don't.
 
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