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  • From: paxamicus AT earthlink.net
  • To: bobford79 AT yahoo.com, homestead AT lists.ibiblio.org
  • Subject: Re: [Homestead] Stealing an Election-Big Picture
  • Date: Fri, 31 Oct 2008 22:36:34 -0400

Ok, now, define enemy combatants. They can be anyone. Yes, Joe the Plumber, if his neighbor who doesn't like him tells the cops he was doing something suspicious recently. There's actually an 800 Tip Line.

You and I...oh dear Bob, the greatest legal brains in the land are fighting over this, I don't we will be able to settle it to our satisfaction any time soon.

All I know is... I know I'm on SOME list, given the amount of protests I've been to. When I get stopped for some stupid traffic infraction I made by mistake, am I now an enemy combatant. Because the way the law reads, I could be.

On Oct 31, 2008, at 10:09 PM, bob ford wrote:

"[edit] Scope of the Act
Sec. 948b. Military commissions generally

(a) Purpose— This chapter establishes procedures governing the use of military commissions to try alien unlawful enemy combatants engaged in hostilities against the United States for violations of the law of war and other offenses triable by military commission. "

****Note "alien unlawful enemy combatants". 'not' "joe the citizen"

&

****SCOTUS has ruled that 'section 7 " of the Act is unconstitutional, though you wouldn't know it by going to the ACLU site. This is just fund-raising fodder for them - ignore their propaganda. By the way, I still don't know what section 7 is, but evidently that is what was found most objectional by the plaintaffs seeking habaeus corpus.

The Constitution does 'not' specifically give any rights to foreign combatants who are fighting against us on foreign soil. It just does not. This Act maight be good or bad depending on your view of "human" rights in war. But it does not conflict with the Constitution. .....bobford


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--- On Fri, 10/31/08, paxamicus AT earthlink.net <paxamicus AT earthlink.net> wrote:

From: paxamicus AT earthlink.net <paxamicus AT earthlink.net>
Subject: Re: [Homestead] Stealing an Election-Big Picture
To: homestead AT lists.ibiblio.org
Date: Friday, October 31, 2008, 7:52 PM
As far as I know, Boumediene v. Bush was about military
detainees, it
did not impact the Military Commissions Act, which is what
constitutes
denial of habeus corpus to the average, begging your
pardon, Joe the
Plumber. And anyway, he issued some signing statement after
Boumediene
that negated what the SCOTUS said, anyway.



On Oct 31, 2008, at 5:26 PM, bob ford wrote:

The reach of habeas corpus is currently being tested
in the United
States. Oral arguments on a consolidated Guantanamo
Bay detention
camp detainee habeas corpus petition,

Al Odah v. United States were heard by the Supreme
Court of the
United States on December 5, 2007. US courts'
jurisdiction was
altered by Congress in HR 1955, The Violent
Radicalization and
Homegrown Terrorism Prevention Act of 2007.

On June 12, 2008, the Supreme Court ruling in
Boumediene v. Bush
recognized habeas corpus rights for the Guantanamo
prisoners. On
October 7, 2008, the first Guantanamo prisoners were
ordered
released by a court considering a habeus corpus
petition.[3]

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


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