<font size="2" face="Verdana, Helvetica, sans-serif">Intelligently discussing how things could be "better" is a far cry from running around like Chicken Little claiming the general public's "rights" are being taken away. No offense, but unless you've actually read the case law on the matter you don't understand what the situation really is with regard to the holding of enemy combatants.Originally posted by BENSIN:
OH, I'm sorry, you're right, they should be able to snatch people at any time for any reason, yet not have to tell any one, not the employer, family, or even the lawyer of an individual - I never said I didn't like living here. Open your mouth about how things 'could' be better and you've got a freakin' murder on your hands. Think that's okay? Well guess what, Saddam did the same fucking thing to HIS people. But yea, things are getting better...
Your alarmist statement that people can be snatched "at any time for any reason" and then held without informing anyone is far, far from accurate. It is not the case that the average person who is suspected of a "regular" criminal act (such as assault or robbery) can be snatched up off the street and held indefinitely without charge.
The legal decision that deals with the situation you are trying to describe is <u>Hamdi v. Rumsfeld</u> (decided by the United States Court of Appeals for the Fourth Circuit), and that case dealt with a very specific set of circumstances. In <u>Hamdi</u>, the individual in question was:
</font><ul type="square">[*]<font size="2" face="Verdana, Helvetica, sans-serif">Captured in a foreign theater (country)</font>[*]<font size="2" face="Verdana, Helvetica, sans-serif">During a period of active hostilities, and</font>[*]<font size="2" face="Verdana, Helvetica, sans-serif">Was deemed an "enemy combatant".</font>[/list]<font size="2" face="Verdana, Helvetica, sans-serif">That ruling did not in any way address "run of the mill" crimes/criminals. And it <u>in no way</u> gave the green light for the police/government to snatch random people off the street ("at any time for any reason") and hold them indefinitely without charge. To state/claim otherwise is simply uninformed and inaccurate.
<font color="#cd6600" size="1">[ September 08, 2004 11:32 AM: Message edited by: ?SNAPE? ]</font>
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