Regifting
No man may be accused, arrested, or
detained except in the cases determined by law
--The Rights of Man, Jean Jacques Rousseau
Sic transit gloria mundi
________
Ali al-Marri, held in the Navy brig in Charleston, S.C., since June 2003, was adjudicated by a three-judge appelate court panel in June 2007 to be permitted his constitutional right to challenge his accusers in court.
However, "(t)he government asked for the rehearing, and a ruling is expected in several weeks."
However, "(t)he government asked for the rehearing, and a ruling is expected in several weeks."
In this re-hearing, Judge Paul Niemeyer challenged al-Marri's attorney's assertion that al-Marri could not be held in military custody because he was not captured on a battlefield (Appeals court weighs alleged combatant's Detention.)
"The judge said such a holding would mean '25 or 30 terrorists could sneak into the U.S.' and the military couldn't stop them." Well, yes -- exactly.
A terrorist is a criminal, and is not dealt with via the military. Terrorists, who are criminals, are dealt with via the judicial system. That is as it ever was in our democracy. It is a tripartite system, for a reason. To avoid the creation of a monarch -- a "unitary executive."
It is a sad day in Mudville when a man who wears the robes forgets his jurisdiction.
"The judge said such a holding would mean '25 or 30 terrorists could sneak into the U.S.' and the military couldn't stop them." Well, yes -- exactly.
A terrorist is a criminal, and is not dealt with via the military. Terrorists, who are criminals, are dealt with via the judicial system. That is as it ever was in our democracy. It is a tripartite system, for a reason. To avoid the creation of a monarch -- a "unitary executive."
It is a sad day in Mudville when a man who wears the robes forgets his jurisdiction.
Labels: ali al-marri, iraq jurisdiction violation
posted by rangeragainstwar at 2:19 PM
2 Comments:
bush is exactly the kind of "ruler" that our founders wrote the constitution to guard against. they remembered well the admonition of seneca when there was a committee instituted to "watch over" the public morals of rome (by then the republic was long gone, it was merely window dressing on the empire)
seneca rose in the senate and asserted that this was a needed thing. then he asked "and who shall watch the watchers?"
Bingo.
Our current administration has abdicated allegiance to the three-party system and the only watcher is the executive, which passes the baton to the military as the arbiter/ameliorater of any sticky wickets.
That's not fair, and the overreach via an overextended military is a very good way for an empire to go down.
--Lisa
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