How should Tsarnaev be handled? Criminal or Enemy Combatant?

[Skyrad 0]

Criminal, why legitimise murder in any way shape or form? There is evidence gathering opportunity and a framework for prosecuting murderers. America is in the spotlight and it will be interesting to see if the US Government is feeling secure enough to classify this man as the criminal he may well prove to be.

When an author is too meticulous about his style, you may presume that his mind is frivolous and his content flimsy.
Lucius Annaeus Seneca

[Andy9o8 0]

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What about when it goes from espionage (theft of info) to physical attacks? Not all attacks on people and property are attributed to foreign powers.
Not necessarily disagreeing, just asking your view point.

Same answer. Prosecute him in civilian court(s) for whatever criminal violations, state and/or federal, his acts constitute.

[Kennedy 0]

So theft of information is worse when you do it for foreign handlers, but murder or destruction are not?

witty subliminal message
Guard your honor, let your reputation fall where it will, and outlast the bastards.
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[Andy9o8 0]

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So theft of information is worse when you do it for foreign handlers, but murder or destruction are not?

Severity of charges is immaterial to the narrow issue. The detainee is either a crminal defendant in civilian court, or he's a POW.

[Kennedy 0]

What about citizens of foreign nations who attack American targets overseas? Particularly when the foreigner is citizen of nation A, and the attacks were in nation B. what if A and/or B can't or won't turn over the foreigner?

witty subliminal message
Guard your honor, let your reputation fall where it will, and outlast the bastards.
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[mistercwood 287]

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What about citizens of foreign nations who attack American targets overseas? Particularly when the foreigner is citizen of nation A, and the attacks were in nation B. what if A and/or B can't or won't turn over the foreigner?

Lawyer Drones.

You are playing chicken with a planet - you can't dodge and planets don't blink. Act accordingly.

[Kennedy 0]

That's cruel and unusual. Sticking a hellfire down their throat is one thing, but siccing extra-jurisdictional lawyers on them must violate all war crime conventions and treaties.

witty subliminal message
Guard your honor, let your reputation fall where it will, and outlast the bastards.
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[wolfriverjoe 1,351]

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/...As far as him not being Mirandized (sp?), why take the chance that this will be thrown out? Lawyers are going to be all over this, and I would not be surprised if some come and volunteer to defend this POS, rather than letting a PD defend him.


eta: I also wouldn't be surprised if funds magically appear to handle his defense.

There's no legal requirement to read the Miranda rights at any time. General procedure is to read them at the time of arrest to make sure it's done.

All skipping the "Reading of The Rights" does is make it a lot easier to get any statements he makes declared inadmissible.
And I have a feeling that they have enough evidence to convict him of at least one murder (the MIT campus cop) and one attempt murder (the other cop) and put him away for "life without."

And they won't have any trouble getting search warrants for just about anywhere he may have used to construct the bombs. All the interrogations are going to do is to try and establish if they booby-trapped the places they want to search, and gain intel on who else may have been involved.

"There are NO situations which do not call for a French Maid outfit." Lucky McSwervy

"~ya don't GET old by being weak & stupid!" - Airtwardo

[wmw999 2,146]

As far as I know, he hasn't been capable of talking yet. So this may all be rather an academic exercise -- by the time he wakes up, it may be moot.

Wendy P.

There is nothing more dangerous than breaking a basic safety rule and getting away with it. It removes fear of the consequences and builds false confidence. (tbrown)

[wolfriverjoe 1,351]

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As far as I know, he hasn't been capable of talking yet. So this may all be rather an academic exercise -- by the time he wakes up, it may be moot.

Wendy P.

Good point. If the suspect isn't capable of listening to and understanding the Miranda Rights, it isn't a valid "reading" either.
That's already been established.

"There are NO situations which do not call for a French Maid outfit." Lucky McSwervy

"~ya don't GET old by being weak & stupid!" - Airtwardo

[rickjump1 0]

Sometimes the Supreme Court rules shamefully, and they should have been tried in a civilian court? This sounds like the shoulda coulda, but it happened, and it was pushed by that great social humanitarian, Roosevelt. These people came to our country to do us harm during war. No doubt they were "lawered" up, but I can agree with you on one thing: it will happen again, and the quicker the better.
We had a lot of success after 9/11 in Afghanistan and othe places so the enemy is changing tactics. Like Neil Diamond sang, "They Are Coming to America", and they should be prevented from using our own legal system against us. We have two open borders, and a State Department that issues student visas to people who fly into our buildings or set off bombs. Now, Islamic terrorists are simply targeting taxpayers (children are an added bonus). Military commissions or tribunals are the answer. They also put the word out that this country means business.

Do your part for global warming: ban beans and hold all popcorn farts.

[rickjump1 0]

I disagree. Whether they left the country to get radicalized/receive instructions, etc. or whether they got their mission on the internet or at a local mosque, it does not matter. Is there any doubt that their mentors are enemies of this country.
Remember the "workplace violence" at Ft. Hood? His mentor was an American citizen in Yemen. Major Hasan is another combatant who should be tried before a military tribunal for terrorism on American soil. The American muslim who killed the young soldier outside the Little Rock Army Recruiting Station is another example. These people do not deserve their day in a civil court.

Do your part for global warming: ban beans and hold all popcorn farts.

[Andy9o8 0]

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Military commissions or tribunals are the answer. They also put the word out that this country means business.

They also violate the Constitution, putting the word out that this country is a big fat hypocrite when it comes to adhering to its own rule of law. I suggest that since you are vocally in favor of protecting part of the Constitution, you should be in favor of protecting all of it.

[rickjump1 0]

....and especially the 2d Amendment. Be careful what you say or the Department of Homeland Security will pick you up without charging you with anything and hold you for an indefinite period of time. That's something to worry about.

Do your part for global warming: ban beans and hold all popcorn farts.

[Andy9o8 0]

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....and especially the 2d Amendment.

Why "especially"? Isn't that the point of every f***g gun thread here, that no part of the Constitution should have an "especially"?

[quade 3]

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Is there any doubt that their mentors are enemies of this country.

Yes! It has not been proven "mentors" of these two exist.

quade -
The World's Most Boring Skydiver

[rickjump1 0]

That is certainly true.

Do your part for global warming: ban beans and hold all popcorn farts.

[1969912 0]

He should be treated the same way as any other person suspected of commiting a crime. He is entitled to every protection that the Constitution provides. Kinda makes me want to barf, but that's the way it should be.

"Once we got to the point where twenty/something's needed a place on the corner that changed the oil in their cars we were doomed . . ."
-NickDG

[quade 3]

So far, that's exactly how it's going down.

quade -
The World's Most Boring Skydiver

[rickjump1 0]

I disagree. They are subject to the Uniform Code of Military Justice. Like the German or German American saboteurs, these enemy combatants have the right to a fair and speedy trial by a military tribunal and nothing more. It's hard to visualize that we are at war with world terrorism. Who ever said, "Our military is at war, but American is at the mall" (close) was correct.

I would be worrying about the unlimited powers the Department of Homeland Security has on we citizens, and why do they need millions of rounds of ammunition, and armored vehicles. It's like they are preparing to go to war against us, "the enemy"?

Do your part for global warming: ban beans and hold all popcorn farts.

[ryoder 1,397]

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I disagree. They are subject to the Uniform Code of Military Justice. Like the German or German American saboteurs, these enemy combatants have the right to a fair and speedy trial by a military tribunal and nothing more.

How the hell is a US citizen, committing a crime in the US, against other US citizens, subject to military tribunals??? Do we just tear up the Constitution because we feel like it???

"There are only three things of value: younger women, faster airplanes, and bigger crocodiles" - Arthur Jones.

[rickjump1 0]

These people turned their backs on this country and went over to the other side that is at war with the US.
They are enemy combatants. They no longer fall under civil law or the Constitution. Nobody is tearing up the Constitution.

Do your part for global warming: ban beans and hold all popcorn farts.

[Andy9o8 0]

You don't know what you're talking about.

[JerryBaumchen 1,061]

Hi Andy,

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You don't know what you're talking about.

You beat me to it.

Some people are simply lost.

JerryBaumchen

[Kennedy 0]

You're not tearing it up. You're statements are much worse. You're shitting on it, crumpling it up, pissing on the founding fathers' graves, and telling our enemies "job well done, we'll take it from here."

Forgive me for saying that's a fucking awful idea, and piss off. Let the law work. That's what it's there for.

witty subliminal message
Guard your honor, let your reputation fall where it will, and outlast the bastards.
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