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Dodd Bill May be First Candidate for Bush Veto
by nukegingrich | November 17, 2006 at 04:58 pm
1619 views | 0 Recommendations | 5 comments
In a surprising move yesterday, Christopher Dodd (D-CT) announced that he would introduce legislation to guarantee US Constitutional Rights to enemy detainees, and would seek to repeal portions of the recently enacted Military Commissions Act.
"It's clear the people who perpetrated these horrendous crimes against our country and our people have no moral compass and deserve to be prosecuted to the full extent of the law. But in taking away their legal rights, the rights first codified in our country's Constitution, we're taking away our own moral compass, as well."
If Dodd believes that last week's election was a mandate for this radical approach to dealing with enemy combatants, then the next two years may provide entertainment from DC not seen in a long time.
Special thanks and welcome aboard to new NP member Dugfresh for permission to use his "Habeas Corpus" photo.




Most RecentMost Recommended Comments (5)
at 17:24 on November 24th, 2006
I can't understand why due process is such a bad thing? Why wouldn't we want to give every protection to every person in our jurisdiction?
Doug
at 18:29 on November 24th, 2006
Due process is not a bad thing.
The system prescribed for Military tribunals is due process under the law, and is the appropriate venue for these types of proceedings. To do otherwise, as some have suggested, would be to attempt to use the US criminal court system to try these cases. Frankly, it just isn't practical to view the battlefield as a crime scene, or to expect criminal prosecutors to build a successful case against battlefield participants using the Criminal courts, the rules of admissibility of evidence, 5th amendment rights, and the whole "presumption of innocence beyond a reasonable doubt." Plus, where are you going to get a jury of alQueda peers?
Further, the Dodd bill would seek to exclude any evidence gathered by "coercion" without fully defining what "coercion" means. I trust you see the difficulties there.
Finally, to your point about giving "every protection to every person," it becomes necessary again to specify what those terms mean. I think the rules of jurisprudence, evidence, sentencing, and appeals should be spelled out and strictly adhered to. If that is what you mean, then we agree. If not, then please explain your point.
Thanks again for permission to use your photo. It's really great!
Regards, nuke.
at 09:46 on November 26th, 2006
The case of Jose Padilla is one glaring example where this system fails to meet my sniff test. http://en.wikipedia.org/wiki/Jos%C3%A9_Padilla_%28alleged_terrorist%29 The fact that they were willing to withhold his access to due process casts a shadow on the whole process from my perspective.
In general though, due process starts with a prisoners actually being held with some legitimate charge and their ability to petition the court. Many and probably most have never been charged and could have not have been involved in any crime or action against the US or been involved in any type of terrorist activity but been swept up based on flimsy hearsay evidence.
Coersion has a definition.
Wikipedia defines it this way.
Coercion is the practice of compelling a person to involuntarily behave in a certain way (whether through action or inaction) by use of threats, intimidation
or some other form of pressure or force. Coercion may typically involve
the actual infliction of physical or psychological harm in order to
enhance the credibility of a threat. The threat of further harm may then lead to the cooperation or obedience of the person being coerced.
The term is often associated with circumstances which involve the unethical use of threats or harm to achieve some objective. Coercion may also serve as a form of justification in logical argument (see appeal to force).
Websters Online.
1 : to restrain or dominate by force <religion in the past has tried to coerce the irreligious -- W. R. Inge>
2 : to compel to an act or choice <was coerced into agreeing>
3 : to achieve by force or threat <coerce compliance>
at 16:49 on November 26th, 2006
Nuke, I disagree with this time. I am with Doug, above, but for a different reason. We don't need to provide anti-American sentiment around the world with more ammunition. A complete restoration of the right of habeus corpus and other guarantees of due process is the way to start restoring our credibility as the nation best that best embodies democratic values and the protection of individual rights.
at 19:07 on November 26th, 2006
Abdullah al-Muhajir (Jose Padilla) was recruited to alQaeda for one reason. His passport. From all accounts, this ex-Chicago gang member, a loser with a very long rap sheet, was arrested because of information provided by Abu Zubayda, the Pakistani alQaeda leader who was in US custody. And we all remember Ashcroft's breathless announcement about the "dirty bomber", scared the heck out of us. From what I've heard, that stunt cost Ashcroft his job
But, was the information provided by Abu Zubayda admissible evidence in the US criminal courts? Probably not. But does that mean that al-Muhajir should be released? Well ...
There's the rub, gentlemen.
There just isn't an easy answer to this. If carried to the extreme, it is unsettling -- on both sides of the spectrum: to the avowed civil libertarians who view this as an assault on our founding principles, to the military and intel specialists who know much more than they are allowed to tell, but can tell us only that "this is a bad guy." It's going to take someone a lot smarter than I to figure this one out, but I certainly appreciate your comments.
nuke