...
Okay, I'll try one last time.
you needn't really. i understand you perfectly. it was sarcasm.
you need him to tell you the day and date that it will be complete. He cannot and you know he cannot. So... you can insist that he has no intention of doing what he said he was gonna do, what the military is apparently preparing for. ok... you win.
Do you see why I might object to the notion that he's "set a date for getting the hell out of Afghanistan"?
of course i can. whaddya think? I am a dope? no, i understand quite well that no matter what he says or does he is a liar and a socialist.
Habeas didn't apply at Gitmo until 2008.
only because it hadn't been employed to illegally hold people who would otherwise be entitled to its protections, so that doing so had never been challenged. I have never had to decide whether hitting my children was justified nor had any laws regarding the legality of doing so had ever before applied to me... because I have none.
Moreover, the court in Boumediene also noted that its evaluation of the factors would take into consideration whether the location chosen for detention was selected so as to avoid habeas.
and? sure, intent may be considered in the determination as to the criminality of an act, as long as the act can be said to fall under the jusrisdiction of law. as long as the site was subject to habeas otherwise they are constrained by the constitutional protection. again, POW detention camps in war zones are not subject to such restrictions and never have been.
Given that we're taking individuals who are not in war zones and bringing them to Bagram for precisely that purpose, the court may well find it to be inappropriate.
i am unaware that anyone is being arrested in the United States and Transferred to Afghanistan for torture. If i am mistaken, please feel free to correct me. if so, then it is indeed inappropriate.
If Obama wanted to give habeas to the detainees at Bagram, he could absolutely do so, as could Congress.
no, neither the president not the congress can extend constitutional protections beyond that defined in the constitution. They could provide the same amenities but they could also give them Cheetos (i like the jalapeno ones! yum!) if it suited their purposes, but they are not obliged to. They could allow them to carry guns but that would not constitute protections under the Second Amendment. A fine distinction, perhaps, but fine distinctions can mean a great deal.
You realize that this happened constantly under the Bush Administration as well, right?
man, this is getting tiresome. sure, Bush legal types did it the right way some times, but not at other times. Obama Legal team does it the legal way everytime. that is the difference.
I don't know how else to explain this:
well, i appreciate your generous efforts.
Bush claimed that prisoners held in Gitmo and Bagram had no right to habeas and could be held indefinitely.
he was wrong about Guantanamo. he was wrong about noncombatants too. I believe he KNEW it, too. I believe Woo knew it, Cheney damn sure knew it.
Obama is making the exact same claims that Bush did re: Bagram.
and he is right, legally. as i say, i think he is wrong morally and i think he does too, but i cannot actually speak for him. as long as it is legal he is not likely to succeed in forcing the military and the republicans to accept that we extend justice to nonamericans.
Unless your only objection to the aforementioned Bush policies
my primary objection was that they were arbitrary and illegal. they violated the essential principles of justice and rule of law that first set this nation apart. secondly, they shamed us before the world.
you think i am apologizing for this administration. I am not. I am disappointed that we have not done more and that we have not done better. But i am glad that we are doing better than we had been and I am near to being satisfied that he is doing as much as he can under the constraints of the opposition, the military and his own infuriating propensity to get people to agree before he acts.
you conservatives drive me nuts! Bush was a wonderful man and a great president and obama does all the same things the same way but Obama is ruining the country.
please... make up yer freakin mind.
geo.