San Bernadino

.... here is a better question,

As I posted, THE FBI knew this guy was in touch with known terrorists

Yet did nothing, why?

The FBI was warned by Russia about the Boston bombers and did nothing, why?

The Mosque where the brothers went is known by the FBI as radical, yet the State of Mass funded em, why?

Because they're Pakistani.....that's different.
 
The first is that part of the problem seems to be and is with many aspects of American life we're taught constantly that compromise is the only way. But in reality it's not. Sometimes one guy or the other simply has to take a knee because compromise is everybody losing.

I get the point, but I am curious as to how you see this playing out in real life with respect to domestic terrorism if the problem persists or, as I suspect will happen, increases?

The second is that on some level I think most Americans realize that this is much more annoying than actually dangerous. I haven't run the numbers with the latest attacks (Ish did it once and I kept them updated for a while but I lost where I did it) terrorists are simply not killing a lot of us. We get worked up emotionally but one some level we realize we have time to quibble about how we get there and to make sure that when we win take our victory lap whenever it is that the picture doesn't need to be photoshopped because we've been planning the victory dance for longer than some of the people in it have been alive.

I cannot deny that my own argument supports yours. If their tactic can't prevail it unarguably mitigates the scope of what constitutes "danger." I take issue at the appropriateness of the word "annoyance," but let's stick with it for now. It is an annoyance we need not nor should tolerate simply by virtue of dimension. It has nothing to do with taking a victory lap or jingoistic hubris. It is an illegal act of internationally based aggression, and the fact that it does not come from a legitimately constituted sovereign nation is no reason to dismiss it.

Traditional American homicide tragically takes innocent lives as a result of horribly mismanaged and usually episodic anger. Terrorism directed at the West targets innocent lives as a matter of policy. The very intent of that policy, no matter its dysfunctional roots removes it, for me, from the mere realm of annoyance. It is abhorrent to bear it for a moment, scope of danger be damned.

And if your sentiment on the matter shall prevail among the American majority, then the very LAST thing we should do is make the ownership and bearing of arms by law abiding citizens more difficult. If we are going to endure this annoyance and allow the cancer to fester, then give me a fighting chance to defend myself in the face of mestization. I dislike guns reflexively. But at some point, cognizant of just what these predators are attempting to do and how they've chosen to do it, I might very well be motivated to arm myself when going out to dinner against the remote but EVER LESSENING remote odds that I might be in danger that is no longer merely annoying.

Much has been made of the fact that no armed citizen has yet repelled a shooter that has inflicted mass casualties. But I predict that if the trend continues, the defense will one day approach the commonality of the crime.

I certainly take no joy in predicting that. Especially since the root causes of gang violence, domestic violence and violence by the mentally ill can be addressed through far more effective means than equivalent firepower OR more stringent gun "control." Both of those measures are tragically poor substitutes for better, but financially intensive, alternatives.

But if we are going to pretend we are not at war against even a miniscule "force" who have declared "war"against us, the few of us who remain and who choose to "soldier on" should retain that right.
 
I get the point, but I am curious as to how you see this playing out in real life with respect to domestic terrorism if the problem persists or, as I suspect will happen, increases?



I cannot deny that my own argument supports yours. If their tactic can't prevail it unarguably mitigates the scope of what constitutes "danger." I take issue at the appropriateness of the word "annoyance," but let's stick with it for now. It is an annoyance we need not nor should tolerate simply by virtue of dimension. It has nothing to do with taking a victory lap or jingoistic hubris. It is an illegal act of internationally based aggression, and the fact that it does not come from a legitimately constituted sovereign nation is no reason to dismiss it.

~snip~

You brought up a point that I've been cogitating on for a while now. Daesh (or ISIS or whatever) is acting as a de facto state in the area under their control. Administering law, public services, collection of taxes, etc. Everything that would constitute a 'State' save diplomatic recognition and the fact that they are operating within the borders of two other sovereign states, only one of which we have relations with.

Theoretically we could formally declare war against them. It will never happen, but in theory we could.

The reason it isn't going to happen is that there is NO WAY this congress is going to grant this president war powers.

Ishmael
 
I agree with the concept but not the time frame.

We could wipe out these Neanderthals in a matter of months if the POTUS decided to unleash our military and let them do what they are trained for: blow things up and kill people.

If we plucked them from the shrub and caged them some place beautiful and safe, it would render their networks chaos in no time. I'd release them, later, in the Amazon somewhere, where its closer to New York City than the Atlantic Ocean.
 
Actually, the most peculiar thing about the entire incident as I've read about it so far is the reports(s) of one of the shooters first coming to the party, having contentious words with someone(s) at the party, leaving the party, and then coming back and he and another indiscriminately mowing so many down.

What's truly peculiar about it is that the perps were obviously well prepared for some assault beforehand, anyway - whether it was at that locale today or another place at another time.

No doubt the key lies in what exactly the initial disagreement at the party was all about. Without that initial disagreement, it reads like a jihadi hit, but that that disagreement occurred definitely puts some smell into that theory (unless it was another jihadi who wanted to back out).

Verrrrrrrry interesting...

Two weeks ago, Farook and one of the co-workers he killed, 52-year-old Nicholas Thalasinos, had a heated conversation about Islam, according to Kuuleme Stephens, a friend of the victim. Stephens said she happened to call Thalasinos while he was talking with Farook at work. She said Thalasinos told her Farook "doesn't agree that Islam is not a peaceful religion."

http://www.mail.com/news/us/3992926...uch-with-extremists.html#.23140-stage-hero1-1

I wonder if Nicholas Thalasinos is also the guy Farook reportedly (by some) had angry words with before abruptly leaving the party, only to quickly return and start spraying the place?

If so, I also wonder if Thalasinos was an unplanned trigger who may have inadvertently saved a whole bunch of lives?

Obviously, this pair had much, much more murderous mayhem in mind than just going postal at a company Xmas party: that's clear from their significant arsenal they didn't employ in that attack.

Maybe 14 lives is a lot less than what the jihadis really had in mind elsewhere?
 
So many lives lost over the last year due to 'Mass Shootings'.. Why is this one so fucking important? Because of a foreign name? He was born here.. raised here..

Adam Lanza executed 20 children and 6 adults. He was born here.. and raised here.. You want to make this so political. What was his motive? What does it matter?

The dipshit kids from Columbine made pipe bombs... does this make them Jihadist terrorists? Does it make their sickening lack of humanity an attack of Christian Jihad?

Label it what you want... The FACT is that it happened.. Lets figure out how we can best combat this epidemic. Blaming it on Democrats or Republicans is so narrow minded it makes me sick.
 
I get the point, but I am curious as to how you see this playing out in real life with respect to domestic terrorism if the problem persists or, as I suspect will happen, increases?

Human being can be incredibly random. My best guess in this case however is eventually the people who want to handle this as a police action rather than a war action will either take a knee or be successfully shouted down. As dirty a tactic as it is the truth is "Go tell their families that this wasn't an act of war!" is a fairly difficult thing to argue. There is obviously a critical mass where that stops being something you can put off.

It doesn't change the fact that the families are emotional and irrational and really should have little to do with any major decisions but I'm not gonna pretend that's not a tactic that will work if things persist.

I'd also be curious what in your mind qualifies as increase. Are we talking attempts, successes, body counts? Some combination thereof? In this case it's important because there are a few ways of looking at this that I feel are equally valid. As tragic as yesterdays terrorist attack (we have settled on that quasi officially right?) was last I checked no credit is being taken for it at all. Which suggests lone wolf or whatever term we choose to apply. The important detail is that if they are just pissed off about whatever they are pissed off about the utter destruction of ISIS may or may not have any tangible effect on these guys who still don't strike ( at least successfully) with what anybody could call regularity.



I cannot deny that my own argument supports yours. If their tactic can't prevail it unarguably mitigates the scope of what constitutes "danger." I take issue at the appropriateness of the word "annoyance," but let's stick with it for now. It is an annoyance we need not nor should tolerate simply by virtue of dimension. It has nothing to do with taking a victory lap or jingoistic hubris. It is an illegal act of internationally based aggression, and the fact that it does not come from a legitimately constituted sovereign nation is no reason to dismiss it.

Traditional American homicide tragically takes innocent lives as a result of horribly mismanaged and usually episodic anger. Terrorism directed at the West targets innocent lives as a matter of policy. The very intent of that policy, no matter its dysfunctional roots removes it, for me, from the mere realm of annoyance. It is abhorrent to bear it for a moment, scope of danger be damned.

And if your sentiment on the matter shall prevail among the American majority, then the very LAST thing we should do is make the ownership and bearing of arms by law abiding citizens more difficult. If we are going to endure this annoyance and allow the cancer to fester, then give me a fighting chance to defend myself in the face of mestization. I dislike guns reflexively. But at some point, cognizant of just what these predators are attempting to do and how they've chosen to do it, I might very well be motivated to arm myself when going out to dinner against the remote but EVER LESSENING remote odds that I might be in danger that is no longer merely annoying.

Much has been made of the fact that no armed citizen has yet repelled a shooter that has inflicted mass casualties. But I predict that if the trend continues, the defense will one day approach the commonality of the crime.

I certainly take no joy in predicting that. Especially since the root causes of gang violence, domestic violence and violence by the mentally ill can be addressed through far more effective means than equivalent firepower OR more stringent gun "control." Both of those measures are tragically poor substitutes for better, but financially intensive, alternatives.

But if we are going to pretend we are not at war against even a miniscule "force" who have declared "war"against us, the few of us who remain and who choose to "soldier on" should retain that right.

I agree that homicide and terrorism are different things with different circumstances all the way around. The point there was however that in sheer numbers of lives losts Dead is dead. The 14 killed yesterday are no less dead than 14 dead from car accidents or murdered during the same period. With each of these things we access the risk, take reasonable action and then file the rest under who gives a fuck. No drunk driving, speed limits, wear your seatbelt, mandatory airbags, crash tests and for fucks sake survivability is a sales pitch for cars! The numbers are still high but we collectively shrug and carry on. With murder we set laws. . .we mostly ignore it honestly but still.

Aside from the "They aren't us" quality I'm not seeing what makes this super duper must act now.

The comparisons to the Nazis and Imperial Japanese just don't actually hold. Sure we're talking about comparable amounts of 'evil' but not remotely similar capabilities. Without wanting to argue to heavily into history most people agree Germany and Japan had at least a decent chance of actually accomplishing some if not all of their goals. They also had actual leaders who would and some of whom were eventually sat down and spoken to. At gun point sure but spoken to. I mean while we both know that when ISIS goes down if the greater issues in the ME aren't solved Al Qaeda 3.0 will emerge. Maybe it'll be less buggy than this one, maybe not. Won't know until we know. By contrast a defeat of Germany was a defeat of the entire problem.

If we were fighting against Catholics, not Christians but Catholics specifically where presumably the capture of the Pope would actually be an end game I'd be all about it. But that's not these guys.

As for the victory lap, while I personally do not agree there is a general feeling it seems that this war is lasting as long as it is because our president(s) insist on fighting with our hands tied. If we wanted we could bomb them back to the stone age end this once and for all and come home. That we are NOT doing this because of a lack of gastrointestinal fortitude if you will. Instead of common sense telling us what will happen in ten to fifteen years when a new generation comes of age who's earliest memory is a drone blowing up mommy and daddy.

Regardless you don't think they currently have the firepower to win. They may someday but shy of suitcase nukes (which as I understand it are not impossible. Just the US and USSR politely agreed not to do that and as far as official records show both sides honored it.) I don't really see any logical way of ISIS or a similarly brutal group getting power that could accomplish it.

My overall point there is that I don't think the majority of Americans view this as a ticking time bomb. If they did one of two things (IMO) would occur. One side would say fuck it and take a knee. If only so that one side could try their thing, fail and get that out of the way. The other is the side with 50%+1 would shout the otherside down and impose its will for better or worse. Either way we wouldn't be quibbling about the details.

I don't dislike guns. Increasingly over the years I dislike pro-gun individuals. That said you raise a point that ultimately with you perhaps the argument could be won. I find you tend to be well thought out and rational but I cannot ask that en masse of people. Regardless that's about FEELING safe more so than being safe. You acknowledge that if the numbers remain steady your chances individually of being attacked are slim to begin with but you want to feel secure. For shits and giggles I'm gonna point out your earlier point about most murders being misguided anger and ask what you think logically MUST happen if a majority of Americans are simply in a position to do more than slap you when they get in the mood. But I don't believe that was your point. Something has to be done to prevent that feeling from taking hold.

I don't really care, for the record, that no armed citizen has yet managed to stop an attack for two reasons. First I like numbers and I've yet to see the numbers suggest and armed populace is going to prevent these things, certainly not in the numbers necessary to justify all the stupid shit that will inevitably happen. Second because I understand feelings enough to understand that people NEED to feel safe.

I'm not really interesting in taking away guns. Speaking from a purely practical standpoint it's not plausible in this country. Certainly the only way it would work out would be if we magically had multiple NRA meetings turn into blood baths because some kid threw a bunch of firecrackers out.

I still don't believe we can be at war with something as amorphous as this. What ever it is, it's not a war. You mention there are other more effective methods and I agree. But we're not gonna do any of them are we. I'd love to throw the book at conservatives here BUT I don't honestly think it's as simple as that.

I have a theory, well a hypothesis strictly speaking, that this is a problem that we collectively like to have. It's basically like the Cold War only currently with lower stakes. It gives us something that we can point at as a real problem. Some unifying enemy that we can all be be scared of.

As for formal war, I don't think we can formally declare war on them under Geneva. Even if we could if you (Ishy) don't think the Congress has the balls to give Obama or Clinton/Cruz/Trump (those are still our most likely based on polling no?) then it becomes moot very quickly.

But I'll play. We declare war. We swoop in crush ISIS/ISIL/Daesh whatever the fuck we're calling them next week. Goddamn P.Diddy didn't change names this often. We recreate the exact same power vacuum we did earlier and simply hope that ISIS was the absolute worst of the bunch and the next group will be kinder and gentler? Is the plan to rinse wash and repeat until we get lucky?
 
Oh. You're proposing a Russian Roulette solution to the epidemic.

Huh.

It's only Russian Roulette when some whack job like you is out punching holes in them to 'save babies'.

The rest of the world calls it personal responsibility....something your obviously against.
 
You brought up a point that I've been cogitating on for a while now. Daesh (or ISIS or whatever) is acting as a de facto state in the area under their control. Administering law, public services, collection of taxes, etc. Everything that would constitute a 'State' save diplomatic recognition and the fact that they are operating within the borders of two other sovereign states, only one of which we have relations with.

Theoretically we could formally declare war against them. It will never happen, but in theory we could.

The reason it isn't going to happen is that there is NO WAY this congress is going to grant this president war powers.

Ishmael

They already did. Or at least that is the interpretation that President Bush used to deploy forces in Aghanistan under the Authorization for the Use of Military Force (AUMF – 2001) and in Iraq under a separate authorization (AUMF – 2002). AUMF 2001 had three notable features that impact the “War on Terror” from its passage by Congress in 2001 up to and including the present day.

1. The Congressional authorization gave broad authority for the use of force against an equally broad scope of enemy targets both respect to those who “planned, authorized, committed or aided” the September, 2001 attacks AND with respect to future acts of terrorism by those same perpetrators:

(a) IN GENERAL- That the President is authorized to use all necessary and appropriate force against those nations, organizations, or persons he determines planned, authorized, committed, or aided the terrorist attacks that occurred on September 11, 2001, or harbored such organizations or persons, in order to prevent any future acts of international terrorism against the United States by such nations, organizations or persons.

2. The AUMF 2001 specifically exempted the President from certain reporting requirements to Congress imposed by the Wars Powers Resolution passed in 1973. The War Powers Resolution itself was and continues to be a controversial attempt to limit the ability of the President in the arguable lawful exercise of his authority as Commander-in-Chief to use American military force to wage a nonetheless unlawful war presumably evidenced by a failure of Congress to declare war as its Constitutionally reserved prerogative. But the Constitution neither restricts the use of military force to a Congressional declaration of war nor limits the command authority of the President in the absence of same. Further, the history of the United States is replete with “undeclared wars” thus giving support to the premise that virtually all Presidents and all Congresses endorse the sovereign right of the United States to wage war without a formal declaration OF war.

Nevertheless, Section 5(b) of the War Powers Resolution required the President to,

“Within sixty calendar days after a report is submitted or is required to be submitted pursuant to section 4 (a) (1), whichever is earlier, the President shall terminate any use of United States Armed Forces with respect to which such report was submitted (or required to be submitted), unless the Congress has (1) declared war or has enacted a specific authorization for such use of United States Armed Forces.”

The AUMF 2001 also contained language declaring itself to have constituted that “specific authorization.”

(b) War Powers Resolution Requirements-

(1) SPECIFIC STATUTORY AUTHORIZATION- Consistent with section 8(a)(1) of the War Powers Resolution, the Congress declares that this section is intended to constitute specific statutory authorization within the meaning of section 5(b) of the War Powers Resolution.

To argue that Congress was unwilling to extend “war powers” to President Bush in September of 2001 flies in the very face of the sweeping authorization language contained in Section (a) of the legislation as well as the exemption to the reporting requirements of the 1973 War Powers Resolution.

3. Since the AUMF 2001 had no “sunset provision,” President Obama has used its authority to employ military force against terrorism as had President Bush. Congress has continued to fund military operations in Iraq, Afghanistan, Yemen, the raid on OBL in Pakistan and God knows where else.

More specifically, President Obama signed into law on December 31, 2011 National Defense Authorization Act of 2012 (NDAA 2012) which, among other things, reaffirmed his authority under AUMF 2001 AND endorsed the long internationally recognized right of indefinite detention of captured illegal combatants under the laws of war.

SEC. 1021. AFFIRMATION OF AUTHORITY OF THE ARMED FORCES OF THE UNITED STATES TO DETAIN COVERED PERSONS PURSUANT TO THE AUTHORIZATION FOR USE OF MILITARY FORCE.

(a) In General- Congress affirms that the authority of the President to use all necessary and appropriate force pursuant to the Authorization for Use of Military Force (Public Law 107-40; 50 U.S.C. 1541 note) includes the authority for the Armed Forces of the United States to detain covered persons (as defined in subsection (b)) pending disposition under the law of war.

(b) Covered Persons- A covered person under this section is any person as follows:

(1) A person who planned, authorized, committed, or aided the terrorist attacks that occurred on September 11, 2001, or harbored those responsible for those attacks.

(2) A person who was a part of or substantially supported al-Qaeda, the Taliban, or associated forces that are engaged in hostilities against the United States or its coalition partners, including any person who has committed a belligerent act or has directly supported such hostilities in aid of such enemy forces.​

(c) Disposition Under Law of War- The disposition of a person under the law of war as described in subsection (a) may include the following:

(1) Detention under the law of war without trial until the end of the hostilities authorized by the Authorization for Use of Military Force.​


(2) Trial under chapter 47A of title 10, United States Code (as amended by the Military Commissions Act of 2009 (title XVIII of Public Law 111-84)).

(3) Transfer for trial by an alternative court or competent tribunal having lawful jurisdiction.

(4) Transfer to the custody or control of the person’s country of origin, any other foreign country, or any other foreign entity.​

(d) Construction- Nothing in this section is intended to limit or expand the authority of the President or the scope of the Authorization for Use of Military Force.

(e) Authorities- Nothing in this section shall be construed to affect existing law or authorities relating to the detention of United States citizens, lawful resident aliens of the United States, or any other persons who are captured or arrested in the United States.

(f) Requirement for Briefings of Congress- The Secretary of Defense shall regularly brief Congress regarding the application of the authority described in this section, including the organizations, entities, and individuals considered to be ‘covered persons’ for purposes of subsection (b)(2).

SEC. 1022. MILITARY CUSTODY FOR FOREIGN AL-QAEDA TERRORISTS.

(a) Custody Pending Disposition Under Law of War-

(1) IN GENERAL- Except as provided in paragraph (4), the Armed Forces of the United States shall hold a person described in paragraph (2) who is captured in the course of hostilities authorized by the Authorization for Use of Military Force (Public Law 107-40) in military custody pending disposition under the law of war.

(2) COVERED PERSONS- The requirement in paragraph (1) shall apply to any person whose detention is authorized under section 1021 who is determined--​

(A) to be a member of, or part of, al-Qaeda or an associated force that acts in coordination with or pursuant to the direction of al-Qaeda; and

(B) to have participated in the course of planning or carrying out an attack or attempted attack against the United States or its coalition partners.​

(3) DISPOSITION UNDER LAW OF WAR- For purposes of this subsection, the disposition of a person under the law of war has the meaning given in section 1021(c), except that no transfer otherwise described in paragraph (4) of that section shall be made unless consistent with the requirements of section 1028.

(4) WAIVER FOR NATIONAL SECURITY- The President may waive the requirement of paragraph (1) if the President submits to Congress a certification in writing that such a waiver is in the national security interests of the United States.​

(b) Applicability to United States Citizens and Lawful Resident Aliens-

(1) UNITED STATES CITIZENS- The requirement to detain a person in military custody under this section does not extend to citizens of the United States.

(2) LAWFUL RESIDENT ALIENS- The requirement to detain a person in military custody under this section does not extend to a lawful resident alien of the United States on the basis of conduct taking place within the United States, except to the extent permitted by the Constitution of the United States.​


As noted above and as I should have acknowledged in my last post, United States citizens and legal resident aliens are exempted from indefinite detention under the law of war. Thus, had Sayed Farook and his wife been taken into custody alive it is presumed that they would have been tried under standard United States and State of California criminal statutes.

It is less clear if a United States citizen could today be tried under military tribunal if his criminal act(s) were the result of specific direction by and allegiance to a foreign enemy nation or hostile force, although the 2004 Supreme Court ruling in Hamdi v. Rumsfeld seems to indicate that an American citizen could very well be tried before such tribunal:

"Ex parte Milligan, 4 Wall. 2, 125 (1866), does not undermine our holding about the Government's authority to seize enemy combatants, as we define that term today. In that case, the Court made repeated reference to the fact that its inquiry into whether the military tribunal had jurisdiction to try and punish Milligan turned in large part on the fact that Milligan was not a prisoner of war, but a resident of Indiana arrested while at home there. Id., at 118, 131. That fact was central to its conclusion. Had Milligan been captured while he was assisting Confederate soldiers by carrying a rifle against Union troops on a Confederate battlefield, the holding of the Court might well have been different. The Court's repeated explanations that Milligan was not a prisoner of war suggest that had these different circumstances been present he could have been detained under military authority for the duration of the conflict, whether or not he was a citizen.1

Moreover, as Justice Scalia acknowledges, the Court in Ex parte Quirin, 317 U. S. 1 (1942), dismissed the language of Milligan that the petitioners had suggested prevented them from being subject to military process. Post, at 17-18 (dissenting opinion). Clear in this rejection was a disavowal of the New York State cases cited in Milligan, 4 Wall., at 128-129, on which Justice Scalia relies. See id., at 128-129. Both Smith v. Shaw, 12 Johns. *257 (N. Y. 1815), and M'Connell v. Hampton, 12 Johns. *234 (N. Y. 1815), were civil suits for false imprisonment. Even accepting that these cases once could have been viewed as standing for the sweeping proposition for which Justice Scalia cites them--that the military does not have authority to try an American citizen accused of spying against his country during wartime--Quirin makes undeniably clear that this is not the law today. Haupt, like the citizens in Smith and M'Connell, was accused of being a spy. The Court in Quirin found him "subject to trial and punishment by [a] military tribunal[ ]" for those acts, and held that his citizenship did not change this result. 317 U. S., at 31, 37-38.

Quirin was a unanimous opinion. It both postdates and clarifies Milligan, providing us with the most apposite precedent that we have on the question of whether citizens may be detained in such circumstances. Brushing aside such precedent--particularly when doing so gives rise to a host of new questions never dealt with by this Court--is unjustified and unwise.

http://caselaw.findlaw.com/us-supreme-court/542/507.html

Moreover, SCOTUS held in Hamdi, and it went to the very heart of the case, that an American citizen could also be indefinitely detained under the law of war. In other words, Hamdi upholds the very indefinite detention which the NDAA 2012 prohibits.

“The AUMF authorizes the President to use “all necessary and appropriate force” against “nations, organizations, or persons” associated with the September 11, 2001, terrorist attacks. There can be no doubt that individuals who fought against the United States in Afghanistan as part of the Taliban, an organization known to have supported the al Qaeda terrorist network responsible for those attacks, are individuals Congress sought to target in passing the AUMF. We conclude that detention of individuals falling into the limited category we are considering, for the duration of the particular conflict in which they were captured, is so fundamental and accepted an incident to war as to be an exercise of the “necessary and appropriate force” Congress has authorized the President to use.

*************

There is no bar to this Nation’s holding one of its own citizens as an enemy combatant. In Quirin, one of the detainees, Haupt, alleged that he was a naturalized United States citizen. We held that “[c]itizens who associate themselves with the military arm of the enemy government, and ..... bent on hostile acts, are enemy belligerents within the meaning of … the law of war.” Id., at 37—38. While Haupt was tried for violations of the law of war, nothing in Quirin suggests that his citizenship would have precluded his mere detention for the duration of the relevant hostilities. Nor can we see any reason for drawing such a line here. A citizen, no less than an alien, can be “part of or supporting forces hostile to the United States or coalition partners” and “engaged in an armed conflict against the United States;” such a citizen, if released, would pose the same threat of returning to the front during the ongoing conflict.

In light of these principles, it is of no moment that the AUMF does not use specific language of detention. Because detention to prevent a combatant’s return to the battlefield is a fundamental incident of waging war, in permitting the use of “necessary and appropriate force,” Congress has clearly and unmistakably authorized detention in the narrow circumstances considered here.”

Thus, while Quirin continues to stand as a legal precedent supporting the trial of American citizens by military tribunal, its corollary support of indefinite detention of American citizens under the same legal theory is precluded by current federal statute. These two countervening facts, the age of the Quirin precedent itself and much controversy surrounding the original decision too complex to explain here argue for a developing legal evolution that will likely make it increasingly difficult to apply a law of war construct to individual American citizens committing violent terrorist acts on American soil, the recent Hamdi affirmation notwithstanding.

This does not and should not, however, diminish such a construct being applied to acts of terrorism launched against the United States from abroad or by foreign agents sent here at the direction of terrorist forces or organizations located abroad.

Those acts are clearly acts of war and should be met with any full retaliatory acts consistent with the law of war as the United States may see fit including indefinite detention of enemy combatants captured and detained in the prosecution thereof.
 
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They already did.

No they didn't, limited scope to conduct combat operations. An out and out declaration conveys powers to subsume the economy without congressional approval.

Survival murder vs discretionary murder. (As if that makes some difference to the dead.) Apparently the current CIC is quite willing to carry out murder in secrecy, but puts on a different face when it's public.

You tired of legalese yet? I am.

Ishmael
 
No they didn't, limited scope to conduct combat operations. An out and out declaration conveys powers to subsume the economy without congressional approval.

Survival murder vs discretionary murder. (As if that makes some difference to the dead.) Apparently the current CIC is quite willing to carry out murder in secrecy, but puts on a different face when it's public.

You tired of legalese yet? I am.

Ishmael

Once again, as if that's something unique to Obama. :rolleyes:

You're such a partisan slime ball....
 
I knew sooner or later the Jews would get blamed. Authorities said Farooq had a bitter argument with a Jewish coworker over religion 2 weeks ago.
 
No they didn't, limited scope to conduct combat operations. An out and out declaration conveys powers to subsume the economy without congressional approval.

Survival murder vs discretionary murder. (As if that makes some difference to the dead.) Apparently the current CIC is quite willing to carry out murder in secrecy, but puts on a different face when it's public.

You tired of legalese yet? I am.

Ishmael

In what way is the following language codified under federal law since September of 2001 "limiting"?

"The President is authorized to use ALL necessary and appropriate force against those nations, organizations, or persons HE determines planned, authorized, committed, or aided the terrorist attacks that occurred on September 11, 2001, or harbored such organizations or persons, in order to prevent ANY future acts of international terrorism against the United States by such nations, organizations or persons."

Incidentally, the Supreme Court has obviously ruled in Hamdi that the AUMF constitutes the legal equivalent of a declaration of war. If it didn't there would have been no legal basis for its recognition of the right of indefinite detention OR the prosecution of American citizens by military tribunal. There is no basis for dispute about what Congress LEGALLY AUTHORIZED.

Moreover, as has been pointed out by legal scholars previously, the authorization to go to WAR against "organizations or persons" in addition to sovereign nations is UNPRECEDENTED. Congress has never used such language before.

Gee, if only they had "taken the gloves off," huh?

Besides, there is absolutely NOTHING about a formal declaration of war that deprives Congress of its funding authority. Congress could have turned off the financial spigot to World War II virtually anytime it chose. Who are you kidding about "powers to subsume the economy without congressional approval." Bullshit!

Outside of that reality, the President has all the authority he needs to send as many troops as he wishes under his authority as CIC to end this thing. The only reason he doesn't or any other President wouldn't is bowing to fickle public opinion about how much blood and treasure should be expended to do that job.

Nor does public opinion tend toward definitive resolve when Presidents employ half measures and self-limiting rules of engagement or subdue one enemy theater of operations and then abandon it for another. In that respect, Sean R. is right to condemn such shortsightedness as a self-defeating military "strategy."
 
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In what way is the following language codified under federal law since September of 2001 "limiting"?

"The President is authorized to use ALL necessary and appropriate force against those nations, organizations, or persons HE determines planned, authorized, committed, or aided the terrorist attacks that occurred on September 11, 2001, or harbored such organizations or persons, in order to prevent ANY future acts of international terrorism against the United States by such nations, organizations or persons."

Incidentally, the Supreme Court has obviously ruled in Hamdi that the AUMF constitutes the legal equivalent of a declaration of war. If it didn't there would have been no legal basis for its recognition of the right of indefinite detention OR the prosecution of American citizens by military tribunal. There is no basis for dispute about what Congress LEGALLY AUTHORIZED.

Moreover, as has been pointed out by legal scholars previously, the authorization to go to WAR against "organizations or persons" in addition to sovereign nations is UNPRECEDENTED. Congress has never used such language before.

Gee, if only they had "taken the gloves off," huh?

Besides, there is absolutely NOTHING about a formal declaration of war that deprives Congress of its funding authority. Congress could have turned off the financial spigot to World War II virtually anytime it chose. Who are you kidding about "powers to subsume the economy without congressional approval." Bullshit!

Outside of that reality, the President has all the authority he needs to send as many troops as he wishes under his authority as CIC to end this thing. The only reason he doesn't or any other President wouldn't is bowing to fickle public opinion about how much blood and treasure should be expended to do that job.

Nor does public opinion tend toward definitive resolve when Presidents employ half measures and self-limiting rules of engagement or subdue one enemy theater of operations and then abandon it for another. In that respect, Sean R. is right to condemn such shortsightedness as a self-defeating military "strategy."

Let's start with the fact that what you quoted has expired, why else would he seek an extension? And a congressional law is NOT a declaration of war.

Stop it counselor. In so many respects you're the problem, not the solution.

Ishmael
 
Just the fact that the President of the United States has gravitated to gun control in the wake of this issue highlights the one reality, the law does not matter, one way or another, arguing it is just silly, asinine and ancillary, because his ideology is driven by the idea that he, and he alone is uniquely qualified to find diplomatic common ground without resort to any more than a token show of military force in order to throw into the face of the opposition that he is "doing everything they are demanding," the implication being that they oppose him because he is first and foremost black, secondly a Democrat and thirdly that he is more erudite and educated than they are in the nuances of international relations (and whatever else is the topic of the day). He cares not one wit about any dangers coming from abroad including the non-Islamic use of terror by armed criminal gangs created by George W. Bush because they are no a significant threat, just a right-wing boogeyman. He has made it clear that he thinks the greatest threat to the internal peace of this nation is the access to guns of rural white Christian conservatives who are ignorant and backward living in isolated backwaters who do not understand, as he does, how the world really works and are thus afraid of everything and whose proclivity is to lash out in violence against the truly innocent who are only guilty of being a little different than you average county bumpkin.

And judging by the tenor of posts of his supporters here, that has become, aside from abortion, the single most important sacrament of the Left born, mentored and sent forth from their cultural wombs by the intellectual class, educational system, and the cult of celebrity. They have surrendered critical thinking for the truthiness of inner-driven self-reflection and when they look into that mirror, one of the main emotional Freudian gambits is to consider all feelings about truth and justice against the backdrop of, "How will my peers think about me if I even think this, let alone emote it publicly."

What further sickens me about this new cultural paradigm is that the same lot who so admired the courage and action of the First Lady's hash tag campaign to "Save Our Girls" are now using their publications to blast Republicans and Conservatives for offering prayers, because prayers don't solve anything, like the need to confiscate all guns.

Will they also ban the humble pressure cooker?

:mad:

#/rantwithoutprayingfortheirsalvationletallahsortthemout
 
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:confused:Is that (the #… ) your signature or your imp. of Obama?
 
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