There is no law, existing or proposed, that would have prevented yesterdays tragedy.
Ishmael
Yes
But doesn't fit the narrative
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There is no law, existing or proposed, that would have prevented yesterdays tragedy.
Ishmael
.... 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.
ISIS yourself
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.
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 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~
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.
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
Lets figure out how we can best combat this epidemic.
"we", tonto?
How do you propose to stop the intentional killing of 3,000 totally innocent babies every single day in the USSA?
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.
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.
ummm... use a condom??
Oh. You're proposing a Russian Roulette solution to the epidemic.
Huh.
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
(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.
“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.”
(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.
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.
"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
“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.”
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
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."
Is that (the #… ) your signature or your imp. of Obama?