1. Welcome to Baptist Board, a friendly forum to discuss the Baptist Faith in a friendly surrounding.

    Your voice is missing! You will need to register to get access to all the features that our community has to offer.

    We hope to see you as a part of our community soon and God Bless!

Secret trials for terrorists, says US judge

Discussion in 'Political Debate & Discussion' started by Rufus_1611, Jun 28, 2007.

Thread Status:
Not open for further replies.
  1. Rufus_1611

    Rufus_1611 New Member

    Joined:
    Oct 27, 2006
    Messages:
    3,006
    Likes Received:
    0
    Going to Iraq to protect Iraqis was not a pretext for the Use of Military Force in Iraq. The threat to our national security as a result of Saddam's Weapons of Mass Destruction was the pretext. Applying blame to Ron Paul for not wanting to save Iraqis from Saddam is equivalent to blaming him and everyone else for not intervening in Sudan, Somalia (Should B Clinton have kept our troops in Somalia to save their people?), Angola etc. The fact of the matter is, there is no constitutional grounds for the United States being a globocop and shedding the blood of its finest to give "freedom" to another nation. If the Iraqis desired to be out from under tyrrany, than they could choose to fight their way out of it or live under it (if Bush 41 hadn't left Saddam all his attack helicopters etc after Persian Gulf 1, the Shias likely would've overthrown Saddam). Now they seem to desire to fight their liberators.

    According to Colin Powell the plan was "let's go bomb" (after all there's more money in that, then extracting or assassinating Saddam) not let's take out Saddam.

    "Saddam Hussein is a ruthless dictator. The Iraqi people would no doubt be better off without him and his despotic rule. But the call in some quarters for the United States to intervene to change Iraq's government is a voice that offers little in the way of a real solution to our problems in the Middle East – many of which were caused by our interventionism in the first place. Secretary of State Colin Powell underscored recently this lack of planning on Iraq, saying, "I never saw a plan that was going to take [Saddam] out. It was just some ideas coming from various quarters about, 'let's go bomb.'" - Ron Paul, December 21, 2001 (Source: http://www.lewrockwell.com/orig/paul7.html)

    "With respect to what is sometimes characterized as taking out Saddam, I never saw a plan that was going to take him out." - Secretary of State Colin Powell
    (Source: http://www.iraqwatch.org/perspectives/winep-pw588-12-18-01.htm)​
     
  2. Rufus_1611

    Rufus_1611 New Member

    Joined:
    Oct 27, 2006
    Messages:
    3,006
    Likes Received:
    0
    I'm saying that I agree that you do not believe freedom is that important.

    To say someone is a "terrorist" who needs to be tried in a secret court, is a guilty until proven innocent proposition, for one does not know that another is a "terrorist" until it is proven as such. The judge in the OP is making a very large jump in presuming someone's guilt before taking it to a secret trial.

    The Supreme Court thinks it is cool to crack the skulls of babies and suck their brains out, a clearly unconstitutional proposition, and something they've made a habit of in the last century.

    I see plain English. The Sixth amendment of the Constitution states:

    "In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense."​

    If you do not understand that "In ALL criminal prosecutions, the accused shall enjoy the right to a PUBLIC trial", as a constitutional absolute and you believe that in some criminal prosecutions the accused should not receive a public trial, what is there to argue? Perhaps, it means something different in the original Greek?

     
  3. Pastor Larry

    Pastor Larry <b>Moderator</b>
    Site Supporter

    Joined:
    May 4, 2001
    Messages:
    21,763
    Likes Received:
    0
    No, of course not. One can be saved and have a distorted worldview. This is part of your problem I think. You read into things. Don't ...

    Actually I didn't.

    I don't plan to pick and choose that. I am not a politician.

    Again, you are guilty of reading into things. I don't think it was "fine and dandy." I think there was legitimate good faith cause at the time. I think it was poorly managed.

    Make a case and let's consider it. I don't think there is a one size fits all.
     
  4. Pastor Larry

    Pastor Larry <b>Moderator</b>
    Site Supporter

    Joined:
    May 4, 2001
    Messages:
    21,763
    Likes Received:
    0
    I never said it was. But it is a side issue now.

    This may be the silliest thing you have said yet, and that’s not easy to do.

    Again, silly. The judge was making a generic statement, not a legal pronouncement and even you should know the difference.
    Not under our system of government. As much as you claim the constitution, you don’t seem to understand how it works.
    [quote[I see plain English. The Sixth amendment of the Constitution states:
    "In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense."
    If you do not understand that "In ALL criminal prosecutions, the accused shall enjoy the right to a PUBLIC trial", as a constitutional absolute and you believe that in some criminal prosecutions the accused should not receive a public trial, what is there to argue? Perhaps, it means something different in the original Greek?[/quote]The Supreme has said that like the first amendment, that is not an absolute guarantee. I am not sure I agree with them, but I understand the reasoning behind it.

    I think part of the problem here is that you compound the problem by adding an unwillingness to think properly with an unwillingness to read closely. It doesn’t help the conversation.

    Here’s the bottom line. I am not sure I agree with Posner, but I see his reasoning, and others have before.
     
  5. KenH

    KenH Well-Known Member

    Joined:
    May 18, 2002
    Messages:
    42,002
    Likes Received:
    1,492
    Faith:
    Baptist
    You are attempting to run from your statement but you did. You stated:

    "You acknowledge that Ron Paul advocated not going into Iraq to defend the lives being butchered by Saddam Hussein and he now advocates pulling out and letting terrorists kill many more unhindered. Those are documented facts that show a lack of respect for life."

    You stated that Congressman Paul does not respect life. But you claim that you do. Therefore, you are claiming to be morally superior.

    But I have news for you, Pastor Larry, you are not morally superior to Congressman Paul, nor to me.
     
  6. Pastor Larry

    Pastor Larry <b>Moderator</b>
    Site Supporter

    Joined:
    May 4, 2001
    Messages:
    21,763
    Likes Received:
    0
    That is not a claim to moral superiority. You simply misunderstood. It was a statement of fact that Ron Paul is not demonstrating a consistent pro life position. That's all.

    Really? And how do you know? And are you claiming to be morally superior to me? How would you possibly be able to evaluate moral superiority of two people whom you don't know, and one about whom you are not objective?
     
  7. KenH

    KenH Well-Known Member

    Joined:
    May 18, 2002
    Messages:
    42,002
    Likes Received:
    1,492
    Faith:
    Baptist
    We are all sinners. No one is morally superior to another person.
     
  8. NaasPreacher (C4K)

    NaasPreacher (C4K) Well-Known Member

    Joined:
    Oct 21, 2003
    Messages:
    26,806
    Likes Received:
    80
    I'll let you guys fight.

    I know me - I am surely morally inferior to any one of you posting here, so if that is the basis I need to back out of the discussion.
     
  9. Rufus_1611

    Rufus_1611 New Member

    Joined:
    Oct 27, 2006
    Messages:
    3,006
    Likes Received:
    0
    Certainly you did. You suggested that Ron Paul is not pro-life because he doesn't care about saving Iraqis from Saddam. Your arguments are moving targets, you make them, they are refuted, then you back away from them.
    Please stick to the issues and avoid these attacks...they're tired.

    Again..."silly" is not an argument...mature please. His generic statement leads to legal decisions, no one made the claim that this was a legal pronouncement. "Even you should know the difference"...You will find this tactic in the second subtopic under "Ad Hominem variants" in Conversational Terrorism. You are obviously a terrorist and for national security reasons you need to go to the Star Chamber.
    I am quite aware of how Supreme Courts and negligent Legislative and Executive bodies have undermined the U.S. Constitution.

    I think the problem here is that you compound the problem with an abundant use of ad hominem tactics that have no substance or merit to the conversation at hand.

    I see his reasoning as well. He prefers totalitarian government.
     
  10. KeithS

    KeithS New Member

    Joined:
    Jun 2, 2004
    Messages:
    186
    Likes Received:
    0
    An intersting discussion but I wonder what bearing the Preamble to the Constitution has on the discussion. Does "We the people..." apply to non-citizens held outside the country? Does it apply to non-citizens held inside the country?
     
  11. Rufus_1611

    Rufus_1611 New Member

    Joined:
    Oct 27, 2006
    Messages:
    3,006
    Likes Received:
    0
    That's an excellent question. I do not believe that non-citizens come under the authority of the U.S. Constitution but should come under the jurisdiction of the Geneva Conventions. However, since "terrorists" do not meet the criteria for the conventions the United States executive has taken to calling them "unlawful enemy combatants" and thus, they do not receive the privileges of the conventions nor U.S. Law. At the very least this approach does not place us on the moral high ground as most detained enemy combatants are never charged with a crime. Otherwise stated, most of the detained enemy combatants are innocent and yet have spent time in prison and/or have been tortured/enhanced interrogation techniqued. Now why this should be of utmost concern to Americans is that the courts have ruled that American Citizens can be declared "enemy combatants" and can thus be held against their will without right to habeaus corpus. Now to be clear, all rights are dependent upon the right to habeaus corpus, without this right all of the other rights fail. Now this may seem fine to Joe American as long as the citizens detained are named Hani, Jose or Achmed. However, if Hani, Jose or Achmed can have their right to habeaus corpus suspended then so too can guys like Larry, Keith, Roger, Ken or Rufus.



    U.S. Can Confine Citizens Without Charges, Court Rules
     
  12. KeithS

    KeithS New Member

    Joined:
    Jun 2, 2004
    Messages:
    186
    Likes Received:
    0
    So...should the two rare US citizens currently charged as "enemy combatants" instead be charged as traitors?

    What about non-citizens? Does the Geneva Convention allow them to challenge their incarceration in US courts? Does Geneva apply to enemies not in uniform? I thought any "soldier" caught without a uniform during battle could be shot immediately as a spy. However, I am probably showing my ignorance on this issue. I watched too much TV when I was young.
     
  13. Rufus_1611

    Rufus_1611 New Member

    Joined:
    Oct 27, 2006
    Messages:
    3,006
    Likes Received:
    0
    Rarity should not be a concern as once it happens to one citizen it can happen to all citizens. Trying them for treason would seem acceptable so long as there is a speedy, public trial. What is unlawful is to detain them indefinitely, without charging them with a crime.

    The Geneva conventions do not apply to those out of uniform and thus the U.S. government has an argument. However, it remains unjust to pick folks up, consider them to be enemy combatants and not be required to prove that they are enemy combatants.

    I think we all did.
     
  14. Pastor Larry

    Pastor Larry <b>Moderator</b>
    Site Supporter

    Joined:
    May 4, 2001
    Messages:
    21,763
    Likes Received:
    0
    No, you simply don't read closely. You did this the other day didn't you? And then when I pointed it out, you apologized for misreading. What I said was that Ron Paul is not consistently prolife. I did not say he was not prolife. I think my arguments are difficult for you because you don't read that closely.

    Not nearly as tired as your unwillingness to read and note these things that I am actually saying. You made a bad argument that contained a number of fallacies and expected it to be taken seriously. It was a silly thing to say.

    There is nothing immature about pointing out the inadequacy of an argument to address a particular issue.

    I didn't have a trial, so how can you call me a terrorist? I think that makes you a hypocrite.

    On a serious note, under our system of law, the statement of a judge at a convention does not lead to a legal decision. If someone is called a terrorist, it does not mean that they have been declared such. You are reaching to try to make a point and you don't have to .

    But under our system of law, the Supreme Court determines what is constitutional and what is not.

    I used one, intentionally and lightheartedly. I used no others. Pointing out that an argument is weak or silly is not an ad hominem.

    I am not sure that's his reasoning at all.

    Consider this: Person A is arrested because he has plans for an imminent terror attack against a major metropolitan target. He can't be held without trial. But to make the case at trial requires the public divulging of a legal system of surveillance under which 12 other groups planning terror are currently being surveiled. If word of the surveilance gets out, it will tip off the other groups and drive them underground, changing their methods and ruining years of surveillance work. Having a private trial would enable the person held to be tried as well as to enable the surveillance to continue.

    What would you do: Try the person publicly and ruin the chance to get 12 other groups, or let him go knowing that he has plans to commit an act of terrorism that will kill people?
     
  15. Rufus_1611

    Rufus_1611 New Member

    Joined:
    Oct 27, 2006
    Messages:
    3,006
    Likes Received:
    0
    I didn't do it the other day. I did what you told me to do to make the issue go away. Apparently, it did not work as you have brought the issue up again.
    No, you made a bad argument that contained a number of fallacies and expected it to be taken seriously.

    That's silly.
    I was using your line of reasoning. I had a very viable cause to consider you to be a conversational terrorist. If conversational terrorism was illegal, I believe I could prove your use of it in a court of law. Since, I already believe you to be a terrorist then I should have the authority to try you without a public trial. Then, when you were found guilty your family, peers etc. would have no ability to know whether or not you were subject to a lawful, fair trial as it would be a secret (which a great man once said this word is repugnant to a free and open society).

    His expressed world view will impact his legal decisions.

    If someone is called a terrorist, it does not mean that they have been declared such? What do you believe the difference is in calling someone a terrorist and declaring someone to be a terrorist?

    Under our system of law, we are to have checks and balances to put that court in check when they run amok. We don't have that anymore as all three branches of government are running amok, leaving one remaining check and balance.

    You may be right, it could be more of a sleight of mind fallacy or a cheap shot...tough call, but what it surely isn't, is a good argument.

    I would follow the Constitution, according to which, the accused has a right to a speedy and public trial.
     
  16. KenH

    KenH Well-Known Member

    Joined:
    May 18, 2002
    Messages:
    42,002
    Likes Received:
    1,492
    Faith:
    Baptist
    And your statement is totally false. Congressman Paul is consistently pro-life. No one has presented any plausible evidence to the contrary.
     
  17. Rufus_1611

    Rufus_1611 New Member

    Joined:
    Oct 27, 2006
    Messages:
    3,006
    Likes Received:
    0
    100,000+ people died in East Timor while he was a congressman. He did nothing to intervene so he's obviously not pro-life :rolleyes:
     
  18. KenH

    KenH Well-Known Member

    Joined:
    May 18, 2002
    Messages:
    42,002
    Likes Received:
    1,492
    Faith:
    Baptist
    Unfortunately, Rufus, I am afraid that is how some people think. :)
     
  19. Pastor Larry

    Pastor Larry <b>Moderator</b>
    Site Supporter

    Joined:
    May 4, 2001
    Messages:
    21,763
    Likes Received:
    0
    So you lied the other way when you apologized for missing the word "consistent"? Man, we can't trust you at all, if that is true. Listen, the point is that being "prolife" is not something you can be only when it is politically expedient.


    Then why haven't you demonstrated those rather than making silly arguments? I am perfectly willing to have a conversation on this. I am not convinced either way. My inclination is to lean against private trials for anything. But I understand the other side.

    No you weren't and no you didn't.

    Can be, but I am not sure you are correct in your argument.

    Authority for calling a person that. There is a common use of it that we use everyday and then there is a legal declaration. This was the former; the latter is what you are talking about.

    I agree that there are grave problems in the system and that we should be impeaching judges for their disregard of the Constitution.

    It wasn't intended to be. It was a lighthearted injection into a conversation that has gotten way too serious.

    And in so doing you would jeopardize the lives of perhaps thousands because the 12 would find out how the US surveils them and would change their tactics to avoid it, continuing on with their plans of destruction. I think that is wrong.

    This is a case of the classical ethical dilemma. You are driving a train headed towards a blown up bridge. By throwing a switch you can switch tracks but you will kill a man standing on it. If you don't throw the switch, you will plunge off the tracks and kill everyone on board.

    Here, the case is with court cases. Do you "throw the switch" and "kill" the terrorist with a secret trial, or do you plunge straight ahead and kill more to avoid a secret trial.

    When we consider the value of life, that is a harder decision to make. The constitution is not infallible and should not be considered such.
     
  20. Pastor Larry

    Pastor Larry <b>Moderator</b>
    Site Supporter

    Joined:
    May 4, 2001
    Messages:
    21,763
    Likes Received:
    0
    I have. I have presented evidence that he was opposed to saving thousands from the brutal murders under Saddam Hussein, and is now in favor of pulling out the troops so that thousands can be subjected to more terrorism and violence. That is not consistently prolife.

    Here's the rub, Ken: What you should say is, "You are right. He's not. And that's not necessarily wrong because we can't be the world's policeman."

    I actually agree with that argument. I am not consistently prolife because I don't think we should use force in Darfur or Sudan right now. But you didn't make that argument. You have tried to avoid the meaning of the word "consistent." I am more consistently prolife than Paul at present, but not entirely consistent. But at least I own my position. I don't try to avoid it.

    The thing is that you tried to shade an argument when you didn't have to. This is where a person should just own what they believe and accept what comes along with it.

    Ron Paul is prolife when it comes to American unborn babies. That is commendable. We need people like him who will do something about it.
     
Thread Status:
Not open for further replies.
Loading...