Obama Team Is Divided on Tactics Against Terrorism

The real question is a very simple one: are the USA still a state of law or not. Iy you answer positively, you have all answered within the legal system. Everything is the early or advanced state of a dictatorship. Unfortunately you cannot - even if you call yourself American - have the cake and eat it. In the USA today everything suspect and not in line with the governemnt is leftist or socialist (an apparent dirty word, who knows why?) or similar. What is really forgotten is that the right brought Faschism and Nazism, and this is the way the USA with the GOP and co seem to go. As was said a long time ago: beware the beginnings....!

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Not very coherent.

The reason to hold a person without trial is they cannot be held otherwise.

Their actions, if any, are not in USA territory.

"Enemy combatant" ... What is that? There is no government they represent.

Who is the enemy? In most cases they were not caught with a smoking gun.

combat? no. Not for most of them. The ones that fought are dead.

Suspicion of patriotism?

Terrorism is a tactic. Everyone uses it. Murder is a crime. Assault is a crime.

Battery is a crime. Torture is a crime. Unlawful restraint and imprisonment is a crime. Sabotage is a crime.

We have enough crimes.

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I see there is a good deal more to this than the first page.

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So with no consensus, the legal team decided on a tactical approach. For as long as possible they would try to avoid that hard question. They changed the subject by instead asking courts to agree that people like Mr. Bensayah, looked at from another angle, had performed functions that made them effectively part of the terrorist organization — and so were clearly detainable.

The appeals court has not yet ruled on Mr. Bensayah’s case.
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He is still in prison. He cannot be happy about that.

I think the applicable theory is "Fruit of the poison tree".

Policies of the Bush administration are suspect.

Congressional acts instigated by the Bush administration require reexamination in the light of better understanding.

The present Supreme Court is biased. Political neutrality will be hard to find.

I am glad it is not my decision.