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Anyone Else A Little Concerned?

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  • Anyone Else A Little Concerned?

    I read today that President Obama's executive order has effectively terminated all proceedings against a suspect in the bombing of the U.S. Cole, where seven service members died and many others injured. Now, far be it for me to suggest our President has suspended the body of case law from the U.S. Supreme Court which has held that NON U.S. citizens, residing on foreign soil, are not entitled to the same constitutional guarantees. Indeed, the military tribunals are far from devoid of due process, and, except for the press and juries, they are very close to a trial in country. Where is the separation of powers when the President can, in effect, deny someone their day in court, as occurred here? Where is this country going?
    T.K.
    http://tonykoester.blogspot.com/

    "Nothing can destroy a government more quickly than its failure to observe its own laws, or worse, its disregard of the charter of its own existence" (Mr. Justice Stewart, Elkins v. United States 364 U.S. 206 (1960)

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  • #2
    It appears the case was dismissed, without prejudice by the judge who oversees the military commissions at Gitmo.

    Granted, the President has ordered the military commissions suspended, pending a review of them. I'm not a lawyer but I don't see how the Commander in Chief issuing an order to the military violates separation of powers.

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    • #3
      Seventy, this is brought up in another thread on this topic. Unlawful Command Influenct. Not only that, the person in charge of them is a civilian. And last I checked the president can't just void out a law created by Congress.
      Want to start a website? I run Host Lonestar.
      Texas Discussion blog about texas...forum as well

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