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The Constitution does not distinguish between U.S. and non-U.S. citizens except with regards to qualification for the Presidency and incorporation via the 14th amendment.
Are you really suggesting that enemy combatants should be afforded Constitutional rights?
The Constitution was written with all the exceptions it needs. For instance, the 5th amendment reads:
No person shall be held to answer for any capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
So yes - obviously, the Founders thought of all the exceptions they wanted having to do with war, that's why they wrote them.
And the UCMJ is clear on the issue. If one assaults a "person" - one is guilty of assault. It doesn't say "persons other than enemy combatants" or "U.S. citizens", it just says "person".
Not to mention the obvious fact that making false official statements isn't a crime with a terrorist as a victim at all - the United States People are the victims of that crime. I fail to see why you think it should be OK to lie to investigators.
Once again, who are the pro-terrorist liberals defending?
From the link
The SEALs -- Special Warfare Operators 2nd Class Matthew McCabe and Jonathan Keefe and Special Warfare Operator 1st Class Julio Huertas --were part of a team that in September 2009 captured Ahmed Hashim Abed, the suspected plotter behind the murder and mutilation of four Blackwater USA contractors in Fallujah in 2004.
The contractors' bodies were burned and left hanging from a bridge. The image came to symbolize the rise of Al Qaeda in Iraq and the brutality of the enemy Americans face
Actually Al Qaida terrorists are unlawful combatants, they don't even have the rights that a regular POW would get.
Right, because their widdle feewings should matter in a war zone.
Yep, we should be worried about the enemies feelings.
Spoken like true asshole.
I'm sure the enemy would love it if we let our soldiers lie to their superiors in a war zone.
It is an enemy unfettered by any sense of moralityThe enemy our parents and grandparents faced wore a different uniform to theirs, but had aims and, by and large, had conduct they could understand. The enemy fought much as we fought; his forces were structured much the same way. And, by and large, they accepted the same conventions. Todays most dangerous, global enemy, the terrorist, does not.We face an adversary,
Which revels in mass murder;
Which sets out to cause the greatest pain it can to innocent people;
Which is entirely unconstrained by any law;
Which sees all civilians, including women and children not as non-combatants but as easy targets;
Which sees terror as a key part of its arsenal, and
Which both glorifies and operates suicide bombers.
You are over thinking it. Its as simple as this guy was the enemy and this SEAL was pissed about something. Maybe the towel head said something, spit on him, anything really. The SEAL hit him and to me that is acceptable. This is a fucking war. Right and wrong becomes real murky when you are getting shot at.
You have a point.
If we were talking about organized and drawn out torture, that would be another story.
Exactly. What we at home fail to realize is the mentality that you have to take on in theater. When you are trying to stay alive, its tough to show compassion to the enemy.
Actually Al Qaida terrorists are unlawful combatants, they don't even have the rights that a regular POW would get.
general petraeus disagrees with you.
Once again, who are the pro-terrorist liberals defending?
From the link
The SEALs -- Special Warfare Operators 2nd Class Matthew McCabe and Jonathan Keefe and Special Warfare Operator 1st Class Julio Huertas -- were part of a team that in September 2009 captured Ahmed Hashim Abed, the suspected plotter behind the murder and mutilation of four Blackwater USA contractors in Fallujah in 2004.
The contractors' bodies were burned and left hanging from a bridge. The image came to symbolize the rise of Al Qaeda in Iraq and the brutality of the enemy Americans face
Actually Al Qaida terrorists are unlawful combatants, they don't even have the rights that a regular POW would get.
Yep, we should be worried about the enemies feelings.
Spoken like true asshole.
I'm sure the enemy would love it if we let our soldiers lie to their superiors in a war zone.
Oh my gawd, you have no clue what you are talking about.
It is people like you that has had the most negative effect on our Military and the length of the battles
People like you disgust me beyond words!!!
Actually Al Qaida terrorists are unlawful combatants, they don't even have the rights that a regular POW would get.
general petraeus disagrees with you.
Yes he does. Still doesn't give these guys constitutional protection as Spidermantuba asserted.
Rep said:03-05-2010 12:49 AM -- CrimsonWhite -- fuck you
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It is an enemy unfettered by any sense of moralityThe enemy our parents and grandparents faced … … wore a different uniform to theirs, but had aims and, by and large, had conduct they could understand. The enemy fought much as we fought; his forces were structured much the same way. And, by and large, they accepted the same conventions. Today’s most dangerous, global enemy, the terrorist, does not.We face an adversary,
Which revels in mass murder;
Which sets out to cause the greatest pain it can to innocent people;
Which is entirely unconstrained by any law;
Which sees all civilians, including women and children not as non-combatants but as easy targets;
Which sees terror as a key part of its arsenal, and
Which both glorifies and operates suicide bombers.
Hitler repeatedly sought to secure a truce in city bombing, and that in any future conflicts bombing should be confined to the narrow zone of military operation. Existing conventions and laws of war did not specifically allude to air bombardment, and therefore he repeatedly made offers to restrict the conduct of war by ‘confining the action of war to the battle zones.’
http://www.codoh.info/newrevoices/nrcitybomb.htmlMinisters had been lying through their teeth to Parliament, but this was no ordinary lie. It was the betrayal of the core principal on which civilised life depends – that civilians and civilian buildings shall not be as such subject to attack. Instead, terror was now coming from the sky, terror beside which the deeds of ordinary killers paled into insignificance. A thousand-year-old urban culture was annihilated, as great cities, famed in the annals of science and art, were reduced to heaps of smouldering ruins.
I also read an article on the Navy Seals.
They were the ones asking for the Court Martial. They wanted to prove that they were inocent of any wrongdoing.
They probably would have gotten a slap on the wrist from Command but they opted for the Courts Martial.
Navy SEALs Face Assault Charges for Capturing Most-Wanted Terrorist - Iraq | War | Map - FOXNews.com
Slap on the wrist? No way you can make that statement and mean it. Non Judicial Punishment is unpredictable. Their CO could bust them down in rank if he wants to, thus affecting their livelihood and they have no recourse. Court-Martial is what I would done as well.
You have a point.
If we were talking about organized and drawn out torture, that would be another story.
Exactly. What we at home fail to realize is the mentality that you have to take on in theater. When you are trying to stay alive, its tough to show compassion to the enemy.
I'm not faulting that attitude, because it's war...but I suppose it is why the enemy has to be demonized...like the Germans in WW1...
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Once again, who are the pro-terrorist liberals defending?
From the link
The SEALs -- Special Warfare Operators 2nd Class Matthew McCabe and Jonathan Keefe and Special Warfare Operator 1st Class Julio Huertas -- were part of a team that in September 2009 captured Ahmed Hashim Abed, the suspected plotter behind the murder and mutilation of four Blackwater USA contractors in Fallujah in 2004.
The contractors' bodies were burned and left hanging from a bridge. The image came to symbolize the rise of Al Qaeda in Iraq and the brutality of the enemy Americans face
CMike, why are you against law enforcement? And why do you invoke the image of dead innocents to justify your support for no enforcement of the law?
