Originally Posted by Feela
And you are a hypocrit and blatant statist.
So as the saying goes remove the plank from your own eye before trying to remove the speck from yours.
At least he has the right motives underneath even if he is incorrect.
Thank you, Feela. I would like to request that if you think I am incorrect regarding the MCA, please let me know. If I'm wrong, I'll admit it. If not, we can discuss it.
Now, on to the one we call
TOT...
Looking at your first source, I had the initial feeling that you just posted up a bunch of stuff to give the illusion you had done your homework...
From TOT's cato source:
My conclusion: A citizen may be detained (subject to habeas challenge), but not tried, under the MCA.
This is absolutely false. The following section in the MCA states very clearly who can be tried...
Sec. 950v. Crimes triable by military commissions
`(26) WRONGFULLY AIDING THE ENEMY- Any person subject to this chapter who, in breach of an allegiance or duty to the United States, knowingly and intentionally aids an enemy of the United States, or one of the co-belligerents of the enemy, shall be punished as a military commission under this chapter may direct.
...who else but a citizen would have an "allegiance to the US"?
As far as your next source, the particular webpage you were using doesn't address the section that would include US citizens. However, I couldn't help but notice this little item from YOUR source...
From TOT's Human Rights source:
12. Do these court-stripping provisions violate international law?
Yes. International law requires that persons subjected to human rights violations have a right to an effective remedy. The United States has ratified – and is therefore obligated to comply with – the International Covenant on Civil and Political Rights (ICCPR) and the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (Convention against Torture). These multinational treaties require that detainees have access to independent courts to challenge the legality of their detention and to raise and seek redress for torture and other abuse.
...which made me think about your own hypocrisy using a source sympathetic to international law in this debate, then you do a 180 and blow off international law when it comes to the illegality of the war in Iraq. You didn't realize this source considers the Iraq war illegal, did ya?
Now on to your Katie source. I noticed that all your offering with these links are just commentary. How about a lawyer? Someone who is an expert in litigation. Or an organization that defends peoples civil rights. These people are the experts in this field.
But there was something in your Katie source that caught my eye. That is when this guy named Brad, logged on to Att. Gen. Gonzales political forum and asked him a very basic question that I have asked you many times, and he got the same response I did.
From TOT's Couric source:
“Brad from San Jose,” for example, started his question to Gonzales this way: “I am concerned about the potential for abuse of the new rules. What legal recourse does an innocent suspect have under the new legislation?” Gonzales wisely did not answer the question.
You and Alberto both dogged the question and couldn't answer it.
I didn't have to get far in your opinion-journal source before I saw something that corroborated what I've been telling you, that we now have a two-tier judicial system where it is claimed the Supreme Court does not have jurisdiction over these tribunals.
From TOT's opinion-journal source:
The new law is, above all, a stinging rebuke to the Supreme Court. It strips the courts of jurisdiction to hear any habeas corpus claim filed by any alien enemy combatant anywhere in the world.
Thanks for posting stuff that proves I'm right and your wrong. You need to read these articles more closely before trying to post the in my face.
Your next guy was a typical prick! A White House bitch! His whole article was a fluff piece. An advertisement for the MCA. What a dick! But he did provide some corroborative evidence regarding the use of coercive testimony be admitted as evidence.
From TOT's right-wing a.s.s.hole source:
While the MCA correctly excludes all statements obtained by use of torture, the MCA also tackles the hard question of statements taken from an illegal enemy combatant where a “degree of coercion is disputed.” Such statements may be admissible under strict guidelines depending on when they were obtained.
There is no way you can have due process of law when you allow the preceding.
Now on to your summary...
Originally posted by TOT:
You need to read the Constitution more carefully buddy, the SCOTUS does not have original jurisdiction in these cases and it is the Congress which determines the Appelate Jurisdiction of the SCOTUS:
In all the other cases before mentioned, the Supreme Court shall have appellate jurisdiction, both as to law and fact, with such exceptions, and under such regulations as the Congress shall make.
I did read the Constitution, several times, and it clearly says (without abbrogation) that there shall be only one Supreme Court. And that court which is Supreme, has jurisdiction over all other courts. Period. Anything else is un-Constitutional.
My initial hunch was right...