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Sunday, July 04, 2004
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My neighborhood has been celebrating Independence Day with lots of (illegal) fireworks and (even more illegal) gunfire. It's reassuring that so many people in this mostly immigrant neighborhood are eager to celebrate this most American of holidays in the traditional American way, in defiance of government tyranny.
9:29:45 PM
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Jim Duensing at The Libertarian Enterprise -
Hamdi v. Rumsfeld - another take on the Supremacists recent
ruling that Bush has to offer a kangaroo court to his "enemy
combatants". [tle]
The Supreme Court, that great bulwark against intrusions against our
constitutionally protected liberties, did not agree with the Bush
team. Instead they handed down a decision, which held "that a
citizen-detainee seeking to challenge his classification as an enemy
combatant must receive notice of the factual basis for his
classification, and a fair opportunity to rebut the Government's
factual assertions before a neutral decision maker." Further, hearsay
evidence may be relied on, the neutral decision maker may employ a
rebuttable presumption which forces the detainee to prove his
innocence--rather than be presumed innocent until proven guilty, and
that neutral decision maker could be a "properly constructed" military
tribunal.
To translate, an American citizen, we'll call him Aleksandr
Solzhenitsyn, may be captured by the military, declared an enemy
combatant, a term for which there is still no definition. Alex can be
housed in a military prison like the military concentration camp at
Guantanomo Bay Cuba, where prisoners are known to have been tortured
mentally and physically. To be sure that the military doesn't abuse
this power of random arrest and permanent detention, a military court
will hold a hearing where a military intelligence official can declare
"we have a cohesive collection of concrete allegations which strongly
suggest that Alex is an enemy combatant who hates our freedoms and
respect for individual liberty." Alex, aided by a militarily appointed
lawyer, will then have to prove that he is not an enemy combatant, a
term for which there is no definition. If Alex fails to meet this
minimal standard, he can be detained without being charged until the
forces of civilization are victorious over the forces of evil who hate
our freedoms. Being temporarily detained for the duration of a
permanent war is a small sacrifice for an innocent person to make if
it means ultimate victory for the forces of freedom.
[End the War on Freedom]
10:38:55 AM
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© Copyright
2006
Ken Hagler.
Last update:
2/15/2006; 2:02:25 PM.
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