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Thread: Five Yemenis transferred from U.S. custody at Guantanamo: Pentagon

  1. #101
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    Re: Five Yemenis transferred from U.S. custody at Guantanamo: Pentagon

    Our constitution states that congress is the only entity recognized as having the authority to declare war. In absence of that declaration we are not officially at war.
    War on terrorism is like the war on drugs declared by a President it is not war at all but only a campaign of limited military war-like action..
    Even with the authority of congress how could a nation really declare war on a tactic or a substance?
    Officially the USA has not been at war since WWII.
    It makes a big difference as to what can and can not be legally done by the President and the military and the status of combatants.
    Without a full declaration of war, much of what we would like to do militarily and legally is constrained by the constitution itself.

    Either **** or get off the pot.

  2. #102
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    Re: Five Yemenis transferred from U.S. custody at Guantanamo: Pentagon

    Quote Originally Posted by Grant View Post
    Yeah, but why the try? If it was just one person it would be easy to shrug off but there are plenty more like this out there.
    Yes there are plenty more who understand the limits and requirements of our constitution.
    You can't shrug off the constitution.

  3. #103
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    Re: Five Yemenis transferred from U.S. custody at Guantanamo: Pentagon

    Quote Originally Posted by d head View Post
    Yes there are plenty more who understand the limits and requirements of our constitution. You can't shrug off the constitution.
    Then write to your President or Congressman. The President insists there is a war going on (though he's also claimed to have ended part of it) and it's also been claimed he's a constitutional scholar. There are plenty of people besides you who believe this guy doesn't have a clue so welcome to the club!

  4. #104
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    Re: Five Yemenis transferred from U.S. custody at Guantanamo: Pentagon

    Read and learn;

    When passed, Congress intended the War Powers Resolution to halt the erosion of Congress's ability to participate in war-making decisions. The terrorist attacks against the World Trade Center on September 11, 2001, however, created new complications for the separation of powers within the war powers sphere. After September 11, the United States Congress passed the Authorization for Use of Military Force against Terrorists (AUMF). President George W. Bush and his cabinet invaded Afghanistan to root out the Taliban government, which ruled Afghanistan and permitted the Al Qaeda terrorist network to conduct terrorist training within the country's borders. During the conflict, the U.S. military rounded up alleged members of the Taliban and those fighting against U.S. forces. The military then placed these "detainees" at a U.S. base located at Guantanamo Bay, Cuba at the direction of the Bush Administration who designed the plan under the premise that federal court jurisdiction did not reach the base. Consequently, the Bush Administration and military believed that the detainees could not avail themselves of habeas corpus and certain protections guaranteed by the U.S. Constitution.

    As the military held many of these prisoners at the base for years without bringing formal charges against them, the prisoners found counsel within the United States to file habeas corpus petitions within U.S. federal courts. A series of cases then came before the U.S. Supreme Court dealing with the constitutionality of the prisoners' detentions at Guantanamo.

    In 2004 Rasul v. Bush became the first case in which the Supreme Court directly discussed the Bush Administration's policies. 542 U.S. 466. The Court in this case held that 28 U.S.C. 2241 permits federal district courts to hear habeas corpus petitions by aliens held within territory over which the United States exercises "plenary and exclusive jurisdiction." This holding included Guantanamo detainees. The Court then instructed the district courts to hear the petitions.

    After the Bush Administration responded to Rasul by permitting detainees to bring their petitions before military tribunals, the Supreme Court again addressed the matter in 2006 when they handed down Hamdan v. Rumsfeld. 548 U.S. 557. The Hamdan opinion held that the President lacks constitutional authority under the Commander in Chief Clause to try detainees in military tribunals. The tribunals also violated the Uniform Code of Military Justice and the Geneva Conventions. Furthermore, the Court rebuked the government's arguments that the AUMF expanded Presidential authority.

    Congress responded by passing the Detainee Treatment Act, which provides that "no court, court, justice, or judge shall have jurisdiction to hear or consider . . . an application for a writ of habeas corpus filed by . . . an alien detained . . . at Guantanamo Bay, Cuba." Lakhdar Boumediene, an Algerian citizen, challenged the constitutionality of this statute in Boumediene v. Bush (06-1195) in 2008. The Court struck down the Bush Administration's policies for a third time, holding that a Congressional suspension of habeas corpus requires an explicit suspension of the writ and that merely stripping the federal courts of jurisdiction does not actually suspend the writ. The Court also argued that the detainees lacked proper procedural safeguards to ensure a fair trial and the ability to ascertain the nature of their charges.

  5. #105
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    Re: Five Yemenis transferred from U.S. custody at Guantanamo: Pentagon

    Quote Originally Posted by American View Post
    Again with the racism, when will you stop?
    Stating someones color of their skin is racism?


  6. #106
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    Re: Five Yemenis transferred from U.S. custody at Guantanamo: Pentagon

    Quote Originally Posted by j-mac View Post
    Well, we didn't start it, so it's not up to us.
    Nope. Continuing to the war on terror is entirely up to us.


  7. #107
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    Re: Five Yemenis transferred from U.S. custody at Guantanamo: Pentagon

    Quote Originally Posted by j-mac View Post
    So, we should just withdraw and allow ourselves, and our interests to be attacked, or taken eh? That's just foolish
    Well it seems like continuing the war is only increasing these attacks and support for these groups....


  8. #108
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    Re: Five Yemenis transferred from U.S. custody at Guantanamo: Pentagon

    Quote Originally Posted by TheDemSocialist View Post
    Well it seems like continuing the war is only increasing these attacks and support for these groups....
    More Americans died after joining ww2 than before. More policemen go down, when they are enforcing against mafia thugs than when they don't.

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    Re: Five Yemenis transferred from U.S. custody at Guantanamo: Pentagon

    Quote Originally Posted by 11Bravo View Post
    Yea, so I'm sure they'll just go back home and play nice from now on....not join up with any terror networks again....

    I wish I was taking the Naive pills that you have.
    Most detainees dont "return to terrorism". The vast majority do not. Hell many of the detainees were never terrorists in the first place, as Republican Congressman Specter said, "the arrests of most of the roughly 500 prisoners held there were based on "the flimsiest sort of hearsay".

    And I know what you are going to site is this "30% return to terrorism" study.
    1.)30% is not most
    2.)And there are several key problems with this study:
    http://www.humanrightsfirst.org/2009/02/10/debunking-former-vice-president-cheney%25e2%2580%2599s-myths-returning-to-the-battlefield The actual number is closer to 14%.


  10. #110
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    Re: Five Yemenis transferred from U.S. custody at Guantanamo: Pentagon

    Quote Originally Posted by TheDemSocialist View Post
    Most detainees dont "return to terrorism". The vast majority do not. Hell many of the detainees were never terrorists in the first place, as Republican Congressman Specter said, "the arrests of most of the roughly 500 prisoners held there were based on "the flimsiest sort of hearsay".

    And I know what you are going to site is this "30% return to terrorism" study.
    1.)30% is not most
    2.)And there are several key problems with this study:
    http://www.humanrightsfirst.org/2009/02/10/debunking-former-vice-president-cheney%25e2%2580%2599s-myths-returning-to-the-battlefield The actual number is closer to 14%.
    I'm not saying all of them return to terrorism. It's impossible to tell who will-unless they tell you.

    Watch the G-bay documentary on Netflix. The prisoners yell out their intentions in many scenes. Quite a sight...

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