I could have been a little more clear here. I did not say captured. Let me give you an example of what I am trying to say. Lets say the FBI learned of a gathering of leaders of an organized crime sydicate. They would not under civilian law be able to rig the place with explosives thus killing those attending the meeting.dwccrew wrote:This is a good question. I'm not sure what it is considered by the government. In my eyes, it is an act of war. Not saying I don't believe you, but could you provide a link that supports your statement that we can kill enemy operatives that have been captured?
Under martial law military intelligence could learn of a gathering of suspected enemy combatants. A military officer(or group of them) could authorize the killing of those individuals by ordering the air force to drop a bomb on them. All this with no trial and proof other than intellegence provided to them on the field of battle that those in attendance are guilty as charged. In the case of martial law those military officers decide the guilt and sentence the individuals to death based on the evidence presented them abscent of public scrutiny.
As I have stated before our government not officially declaring a state of war on al qaeda, once an act of war was committed against us, allows for confussion of the issue. This is why the governement declares a state of emergency. It allows legal powers not allowed to them under common law.
Under civilian law and the constitution they should walk. Otherwise it sets a legal precedent that some can be convicted and sentenced to possible death without following the protections afforded by the constitution.dwccrew wrote:Herein lies the problem. As you said, which parts of the Constitution do we throw out? We already have thrown them out! The fact that they were not read their rights, given a lawyer present during questioning, etc.,etc. supports the argument of some that say we have violated the Constitution. In my last post I provided an excerpt and link from Article 3 Section 2 of the Constitution.
Again, this just supports the fact that the way this situation was handled was totally botched. The Supreme Court ruled, 5-4, that foreign combatants are granted habeas corpus. This is the fault of the former administration and current one. They neglected to follow proper procedure and now we are in this big mess.
I certainly want these guys to face punishment, but if they did walk on technicalities (which I don't think they will), it would be the fault of our government.
Nothing other than the government did not recognize them as acts of war. Evidence was gathered under the rules of civilian law.dwccrew wrote:Many other "terrorist suspects" that have been caught plotting or planning ahve been tried in the US court system, what is the difference between them and these guys?
Some examples of those tried by military tribunals during war against the US on US soil.
John Wilkes Booth and fellow conspiritors
http://home.att.net/~rjnorton/Lincoln75.html
German saboteurs WWII
http://www.history.com/this-day-in-history.do?action=Article&id=5244