NYT:"The law does not give Bush power to seize a civilian"

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*jr
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NYT:"The law does not give Bush power to seize a civilian"

Post by *jr »

NYT editorial: A Ruling for Justice: "the law does not give Mr. Bush power to seize a civilian..."

A Ruling for Justice
Published: June 12, 2007

For years, President Bush has made the grandiose claim that the Congressional authorization to attack Afghanistan after 9/11 was a declaration of a “war on terror” that gave him the power to decide who the combatants are and throw them into military prisons forever."

Yesterday, in a powerful 2-to-1 decision, a panel of the United States Court of Appeals for the Fourth Circuit utterly rejected the president’s claims. The majority made clear how threatening the administration’s policies are to the Constitution and the rule of law — and how far the administration has already gone down that treacherous road.

Mr. Bush, the majority said, does not claim these powers for dire emergencies but “maintains that the authority to order the military to seize and detain certain civilians is an inherent power of the presidency, which he and his successors may exercise as they please.”...

The court did not say Mr. Marri was innocent, nor that he must be set free. It said that the law does not give Mr. Bush the power to seize a civilian living in the United States and declare him to be an enemy combatant based on whatever definition he chooses to apply. If Mr. Marri is to be kept in prison, it said, he must be tried and convicted in a civilian court....

***

This ruling is another strong argument for bringing Mr. Bush’s detention camps under the rule of law. Congress can do that by repealing the odious Military Commissions Act of 2006, which endorsed Mr. Bush’s twisted system of indefinite detentions, by closing Guantánamo Bay and by allowing the courts to sort out the prisoners — not according to the whims of one president with an obvious disdain for the balance of powers but by the rules of justice that have guided this nation for more than 200 years.

http://www.nytimes.com/2007/06/12/opinion/12tue1.html
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Re: NYT:"The law does not give Bush power to seize a civilian"

Post by *jr »

Folks this means you can't be detained for no reason.....it says that you are not to be jailed without reason.... unlike what George-boy wanted under his Patriot Act.
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