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Tellingly, the Deputy Solicitor General conceded at oral argument before the en banc court that the AUMF only authorizes detention of enemy combatants. Thus, the Government does not argue that the broad language of the AUMF authorizes the President to subject to indefinite military detention anyone he believes to have aided any "nation[ ], organization[ ], or person[ ]" related to the September 11th attacks. See § 2(a), 115 Stat. 224. Such an interpretation would lead to absurd results that Congress could not have intended.
Under that reading of the AUMF, the President would be able to subject to indefinite military detention anyone, including an American citizen, whom the President believed was associated with any organization that the President believed in some way "planned, authorized, committed, or aided" the September 11th attacks, so long as the President believed this to be "necessary and appropriate" to prevent future acts of terrorism.
Under such an interpretation of the AUMF, if some money from a nonprofit charity that feeds Afghan orphans made its way to al Qaeda, the President could subject to indefinite military detention anydonor to that charity. Similarly, this interpretation of the AUMF
would allow the President to detain indefinitely any employee or shareholder of an American corporation that built equipment used by the September 11th terrorists; or allow the President to order the military seizure and detention of an American-citizen physician who treated a member of al Qaeda.
Moreover, at oral argument, the Deputy Solicitor General also explicitly and properly acknowledged that exercise of power under the AUMF must be consistent with the Constitution. But to read the AUMF to provide the President with the unlimited power outlined above would present serious constitutional questions. For the Supreme Court has long recognized that the Due Process Clause "cannot be . . . construed as to leave Congress free to make any process ‘due process of law,’ by its mere will." See Murray’s Lessee v. Hoboken Land & Improvement Co., 59 U.S. (18 How.) 272, 276-77 (1855).
Originally posted by DimensionalDetective
Bye-bye habeas corpus...As the ever-changing definition of an "enemy combatant" seems to broaden in the eyes of our gov, this is just another nail in the coffin of the constitution...INDEFINITE detention without trial.
*We deny the Government’s motion to dismiss this case for lack of jurisdiction. The Government relied on section 7 of the Military Commissions Act (MCA) of 2006
On June 12, 2008, Justice Kennedy wrote the opinion for the 5-4 majority holding that the prisoners had a right to the habeas corpus under the United States Constitution and that the MCA was an unconstitutional suspension of that right.
A federal court has issued two rulings, the New York Times reports: One favoring President Bush's indefinite detentions of "enemy combatants," and another granting one of said "enemy combatants" the opportunity to challenge his detention in court.
The court effectively ruled that President Bush has the same right to indefinitely detain a civilian on American soil as he does an enemy soldier on a battlefield.
Originally posted by DimensionalDetective
Federal Court: Bush Can 'Indefinitely' Detain Civilians!
rawstory.com
(visit the link for the full news article)
The court effectively ruled that President Bush has the same right to indefinitely detain a civilian on American soil as he does an enemy soldier on a battlefield.
[edit on 15-7-2008 by DimensionalDetective]
Originally posted by WhatTheory
Do any of you actually read the articles or do you just get excited by the headline? I don't know, maybe some of you have trouble with comprehension.
A federal court has issued two rulings, the New York Times reports: One favoring President Bush's indefinite detentions of "enemy combatants," and another granting one of said "enemy combatants" the opportunity to challenge his detention in court.
How on Earth do you equate this to Bush being able to detain U.S. civilians forever without a trial?
Oh, I know how. You believe Mr. Hafetz who is the counsel for al-Marri because it was he who said:
The court effectively ruled that President Bush has the same right to indefinitely detain a civilian on American soil as he does an enemy soldier on a battlefield.
Do you get it yet? You are believing the council for the terrorist. That was his line about detaining citizens and NOT the ruling of the court. Plus, al-marri is NOT a U.S. citizen. This is what happens when you read liberal articles with obvious bias.
Originally posted by jsobecky
reply to post by WhatTheory
Want to get depressed? After what you said (which was immediately after I had said pretty much the same thing) people keep on showing ignorance. Just read the two posts after yours.:shk:
The reputation of ATS is rapidly sliding downward from any respectability it might have ever had.