RE: Report: Bush Mulled Sending Troops Into Buffalo (Full Version)

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rulemylife -> RE: Report: Bush Mulled Sending Troops Into Buffalo (7/28/2009 3:20:32 PM)

quote:

ORIGINAL: FirmhandKY



RASUL et al. v. BUSH, PRESIDENT OF THE UNITED STATES, et al., 542

Boumediene v. Bush, U.S. Supreme Court Case Summary & Oral Argument

American Civil Liberties Union : Office of Legal Counsel Memos


I'll say that the first link is tangentially related, to your second point, although I suspect you do not understand how, and how not. Your second link leads nowhere currently (something wrong with the website, I suspect), and the third link is to a listing of the ACLU's "Bush Memo's", proving nothing. However, simply for the sake of furthering the discussion, I'll concede - for the moment - your point two.


Only tangentially related?

I guess your usual condescension is the only proof of that since as always, you haven't elaborated.

Most likely because you want to dismiss it but have nothing to prove your point.

As far as the second link, it was a pretty well-known case.  I'm sure if you do a search on it you will find numerous other links that your boundless legal knowledge can interpret.




FirmhandKY -> RE: Report: Bush Mulled Sending Troops Into Buffalo (7/28/2009 3:32:50 PM)


quote:

ORIGINAL: rulemylife

Only tangentially related?

I guess your usual condescension is the only proof of that since as always, you haven't elaborated.

Most likely because you want to dismiss it but have nothing to prove your point.

As far as the second link, it was a pretty well-known case.  I'm sure if you do a search on it you will find numerous other links that your boundless legal knowledge can interpret.


hmmm ...

So you aren't going to address the other two points you made?

Firm




Irishknight -> RE: Report: Bush Mulled Sending Troops Into Buffalo (7/28/2009 9:18:38 PM)


quote:

ORIGINAL: rulemylife
What Bush thought about doing was just another example of what was put on the table. 

To absolve him because he did not do this when he did so much else in the same vein is to bury your head in the sand.

The "past is the past" mentality is what allowed this administration to abuse the laws the way it has. 

I don't know what brings on this attitude.  Is it that we are so used to channel and web surfing that we think we can just click a button and everything goes away and we can start anew?


You completely miss the point once again. I'm not saying we need forget or forgive what Bush and Co. did. But to obsess over something they thought about doing shows an irrational desire to stay in the past.
To obsess so badly on Bush is to ignore what is going on in present day. Remember the past but don't live in it. Bush was not the first president to mull over the idea of troops being used inside the US for law enforcement ideas. The key to this story is that he didn't do it. He actually made one correct choice and still people want to crucify him for it.
Dwell on what he did, not what he thought about. If we start trying people for what they think about we had all be ready for prison or worse. Every living person has had to say "Thats a stupid idea" to themselves at some time in their life.
Completely normal and rational people every day think about killing some asshat who pisses them off. If we treated them the way so many are treating this stupidity we would try them for murder and put them away.




Arpig -> RE: Report: Bush Mulled Sending Troops Into Buffalo (7/28/2009 9:24:57 PM)

quote:

If you disagree with some people, you are - by definition - evil. And evil only tells lies.

It's the true believers and ideologues on both sides who believe this.

They are dangerous because they poison the debate, and argue to extremes,

They are a cancer on civil society.

Firm


[sm=applause.gif][sm=applause.gif][sm=applause.gif][sm=applause.gif][sm=applause.gif]




rulemylife -> RE: Report: Bush Mulled Sending Troops Into Buffalo (7/29/2009 9:25:55 AM)

quote:

ORIGINAL: FirmhandKY
hmmm ...

So you aren't going to address the other two points you made?

Firm


I'm not sure why I would need to.

You claimed no competent legal authority agreed with any of my points, and I gave you two Supreme Court decisions.

But, always happy to help out, no thanks are necessary.

Regarding the Bush Doctrine of preemptive war:



Meiklejohn Civil Liberties Institute | Using the Law | Federal

The International Court of Justice (ICJ) spelled out exactly what no nation can legally do in light of its commitments to uphold the U.N. Charter: "Thus it would be illegal for a state to threaten force to secure territory from another State, or to cause it to follow or not follow certain political or economic paths.



Institute of Public Law

The boundaries of preemptive self-defense have been elaborated in international legal scholarship with a view both to customary law and contextual interpretation.

Apparently, international custom allows preemptive self-defense if – and only when – the state invoking it
can demonstrate that the threat of a hostile attack is both immediate and overwhelming, ruling
out a lengthy search for peaceful means of resolution, provided no defense other than military
force is available.





Regarding the use of so-called "harsh interrogation methods".  You know, those things we would call torture if they were used on our soldiers:


The Taguba Report










rulemylife -> RE: Report: Bush Mulled Sending Troops Into Buffalo (7/29/2009 9:38:39 AM)

quote:

ORIGINAL: Irishknight

You completely miss the point once again. I'm not saying we need forget or forgive what Bush and Co. did. But to obsess over something they thought about doing shows an irrational desire to stay in the past.
To obsess so badly on Bush is to ignore what is going on in present day. Remember the past but don't live in it. Bush was not the first president to mull over the idea of troops being used inside the US for law enforcement ideas. The key to this story is that he didn't do it. He actually made one correct choice and still people want to crucify him for it.



I don't know that is true because we have no other evidence of any administration mulling that over. 

You can make an argument that Kennedy used troops as law enforcement to maintain order and carry out a federal directive, but that is far different from using troops to directly make arrests of U.S. citizens on U.S. soil.

And I will say this one more time, government officials are charged with upholding the law.

For them to be discussing ways of circumventing the law is, in my opinion, a measure of where we are at as a society. 

The ends justifying the means has become our dominant philosophy.








FirmhandKY -> RE: Report: Bush Mulled Sending Troops Into Buffalo (7/29/2009 10:27:06 AM)


quote:

ORIGINAL: rulemylife

quote:

ORIGINAL: FirmhandKY
hmmm ...

So you aren't going to address the other two points you made?

Firm


I'm not sure why I would need to.

You claimed no competent legal authority agreed with any of my points, and I gave you two Supreme Court decisions.

But, always happy to help out, no thanks are necessary.

Regarding the Bush Doctrine of preemptive war:

Meiklejohn Civil Liberties Institute | Using the Law | Federal

The International Court of Justice (ICJ) spelled out exactly what no nation can legally do in light of its commitments to uphold the U.N. Charter: "Thus it would be illegal for a state to threaten force to secure territory from another State, or to cause it to follow or not follow certain political or economic paths.

Institute of Public Law

The boundaries of preemptive self-defense have been elaborated in international legal scholarship with a view both to customary law and contextual interpretation.

Apparently, international custom allows preemptive self-defense if – and only when – the state invoking it
can demonstrate that the threat of a hostile attack is both immediate and overwhelming, ruling
out a lengthy search for peaceful means of resolution, provided no defense other than military
force is available.


Regarding the use of so-called "harsh interrogation methods".  You know, those things we would call torture if they were used on our soldiers:


The Taguba Report


Neither link is to a competent legal authority in either case.

Firm




rulemylife -> RE: Report: Bush Mulled Sending Troops Into Buffalo (7/29/2009 10:41:10 AM)

Really?

And what do you base this astounding judgment on?




FirmhandKY -> RE: Report: Bush Mulled Sending Troops Into Buffalo (7/29/2009 11:05:54 AM)

quote:

ORIGINAL: rulemylife

quote:

ORIGINAL: Irishknight

You completely miss the point once again. I'm not saying we need forget or forgive what Bush and Co. did. But to obsess over something they thought about doing shows an irrational desire to stay in the past.
To obsess so badly on Bush is to ignore what is going on in present day. Remember the past but don't live in it. Bush was not the first president to mull over the idea of troops being used inside the US for law enforcement ideas. The key to this story is that he didn't do it. He actually made one correct choice and still people want to crucify him for it.



I don't know that is true because we have no other evidence of any administration mulling that over.

You can make an argument that Kennedy used troops as law enforcement to maintain order and carry out a federal directive, but that is far different from using troops to directly make arrests of U.S. citizens on U.S. soil.

And I will say this one more time, government officials are charged with upholding the law.

For them to be discussing ways of circumventing the law is, in my opinion, a measure of where we are at as a society.

The ends justifying the means has become our dominant philosophy.


He didn't say anything about Kennedy. That was me.

I think you lack much dept of understanding on the issue, I'm afraid, if you think Kennedy was the only one. I'm not an expert, but I'm certainly aware of other times, throughout US history, not including during and immediately after the Civil War which gave impetus to the Posse Comitatus act.

Google is your friend. One example of what is available with a little research:

quote:

Throughout his study, Glasser quotes extensively from primary source documents. The chronological files organize some of these original documents by year, from 1917 to 1932, for a basic timeline overview, but the files relating to specific domestic disturbances form the heart of the collection. They are arranged in alphabetical order by the state or city involved; the material covers nearly thirty different states plus the District of Columbia and Puerto Rico. Prominent correspondents in these sections include Secretary of War Newton D. Baker, General Tasker Bliss, Massachusetts Governor Calvin Coolidge, Felix Frankfurter, Arizona Governor George W. P. Hunt, U.S. Congresswoman Jeannette Rankin, President Woodrow Wilson, and General Leonard Wood.

The importance of copper to the wartime effort heightened the federal government’s concerns over the potential involvement of enemy aliens and other subversives in the 1917 Arizona copper mine strikes. The presence of Mexican and Austrian immigrants among the striking workers drew careful attention, as did the Arizona governor’s possible ties to members of the radical labor organization Industrial Workers of the World (IWW).

Government communications relating to the Butte, Montana, copper strikes (1917–1920) reflect similar concerns. The telegrams and letters collected here document the decisions to use federal troops in both instances. In addition, there are documents on the infamous “Bisbee deportation” of 1917, in which armed vigilantes rounded up over one thousand striking miners in Bisbee, Arizona, and abandoned them across the border in New Mexico. There are also reports on federal investigations into the activities of known and suspected IWW members in Arizona and Montana.

Investigations of IWW members and other radicals form a large portion of the files on the steel strikes in Gary, Indiana (1919–1921) and the shipyard strikes in Seattle, Washington (1918–1920). In October 1919, General Leonard Wood considered the risk of violence in Gary so high that he placed the city under qualified martial law. As in the case of copper, lumber was of key importance in the U.S. war effort, particularly in the manufacture of aircraft. As the documents show, workers employed in the Pacific Northwest lumber industry labored in isolated, “unsocial” conditions and had unique concerns.

Threats of violence and IWW activism among the lumbermen in Washington State led to federal involvement in the situation and even a proposal to form “lumber jack regiments” of military volunteers to procure the needed lumber.

Military intervention was also a factor in the 1919 Boston, Massachusetts, police strike and in strikes of streetcar workers in Chattanooga and Knoxville, Tennessee (1917, 1919); Columbus and Savannah, Georgia (1918–1919); New Orleans, Louisiana (1920); and Denver, Colorado (1920). Other incidents covered in these files include strikes of dock workers (New Orleans, 1919; New York, 1919) and garment workers (New York, 1917). Federal troops proved useful in quelling racial violence as well as labor unrest. There is material here on riots in Arkansas (1919–1920); North Carolina (1918, 1920); Virginia (1918); Chicago, Illinois (1919); Lexington, Kentucky (1920); Omaha, Nebraska (1919); Charleston, South Carolina (1919); and Washington, D.C. (1917, 1919). On a few occasions, the federal government supplied troops for smaller scale law and order duties, as in the case of the November 1917 Ivie Mickle murder trial in Texas. During Prohibition, states such as Florida and New Jersey also requested federal assistance in blocking the illegal importation and trafficking of alcohol.


But, perhaps more interesting is something that recently happened on Obama's watch:

Army probes domestic use of troops in Alabama
Rachel Oswald
Published: Wednesday March 18, 2009

quote:

Though the strained Samson Police Department was no doubt glad to have U.S. Army military police on hand to direct traffic during last week's tragic shooting spree, it appears that the troops were deployed without the proper authorization and in possible violation of federal law.

...

The White House press office has not yet responded to media requests for comment on the Army inquiry.


Firm




FirmhandKY -> RE: Report: Bush Mulled Sending Troops Into Buffalo (7/29/2009 11:07:44 AM)


quote:

ORIGINAL: rulemylife

Really?

And what do you base this astounding judgment on?


You don't understand what "competent legal authority" is, do you?

Firm




Arpig -> RE: Report: Bush Mulled Sending Troops Into Buffalo (7/29/2009 11:15:20 AM)

quote:

And I will say this one more time, government officials are charged with upholding the law.
And I will say it again, I, as a only slightly informed casual observer, came up with two perfectly legal ways of using federal troops in a law enforcement capacity, so how do you know that the scenario discussed was illegal?




rulemylife -> RE: Report: Bush Mulled Sending Troops Into Buffalo (7/29/2009 11:17:17 AM)

That was certainly remarkable, even for you Firm.

[sm=applause.gif]

You managed to take up a quarter page giving your response to a reply I made to someone else and then going off into some direction known only to you.

So, I'll ask again.

How were the sources I cited not competent legal authorities?




rulemylife -> RE: Report: Bush Mulled Sending Troops Into Buffalo (7/29/2009 11:20:44 AM)

quote:

ORIGINAL: Arpig

quote:

And I will say this one more time, government officials are charged with upholding the law.
And I will say it again, I, as a only slightly informed casual observer, came up with two perfectly legal ways of using federal troops in a law enforcement capacity, so how do you know that the scenario discussed was illegal?


I posted the links earlier.

It is black-letter law.

There is no interpreting it to mean something other than what it says.

To be discussing ways of going around that law is to be discussing ways of breaking the law.






Arpig -> RE: Report: Bush Mulled Sending Troops Into Buffalo (7/29/2009 11:29:32 AM)

OK RML, just answer these two questions:
1) Can the President declare Martial Law and thus legally use federal troops in a law enforcement capacity?
2) Can federal troops be used in a law enforcement capacity if such aid is requested by the state Governor?




rulemylife -> RE: Report: Bush Mulled Sending Troops Into Buffalo (7/29/2009 11:43:15 AM)

quote:

ORIGINAL: FirmhandKY
You don't understand what "competent legal authority" is, do you?

Firm


No, all this complicated legal mumbo-jumbo just goes over my pretty little head.

So maybe you can help school me on the intricacies of determining legal competence.








Brain -> RE: Report: Bush Mulled Sending Troops Into Buffalo (7/29/2009 11:47:29 AM)

Obama Faces Court Test Over Detainee

The fate of one of the youngest detainees at the Guantánamo Bay prison is emerging as a major test of whether the courts or the president has the final authority over when prisoners there are released.

http://www.nytimes.com/2009/07/29/us/29gitmo.html?_r=1&partner=rss&emc=rss

What will/should they decide?




FirmhandKY -> RE: Report: Bush Mulled Sending Troops Into Buffalo (7/29/2009 12:04:21 PM)

quote:

ORIGINAL: rulemylife

quote:

ORIGINAL: FirmhandKY
You don't understand what "competent legal authority" is, do you?

Firm


No, all this complicated legal mumbo-jumbo just goes over my pretty little head.

So maybe you can help school me on the intricacies of determining legal competence.


What, exactly, is the legal definition of a "black-letter law"? You mean it's a law that must be followed? What are all the other laws called?

And what would the US Supreme Court say about your "black letter" laws?

And how do you explain all the examples I gave earlier, on the use of Federal troops for law enforcement use?

No, Arpig is exactly correct, and you do not wish to even slightly bend from your obsession.

In your reality, anything even slightly connected to Bush must be evil and nefarious.

To you "competent legal authority" is anything that agrees with your position. In the rest of the world, it means the legal entity which has jurisdiction and authority to rule on the subject. For example, the US Supreme Court is the most superior competent legal authority involving issues of the Constitution in the US. They are NOT the competent legal authority to rule on British private land disputes.

Firm




rulemylife -> RE: Report: Bush Mulled Sending Troops Into Buffalo (7/29/2009 1:00:04 PM)

quote:

ORIGINAL: Arpig

OK RML, just answer these two questions:
1) Can the President declare Martial Law and thus legally use federal troops in a law enforcement capacity?


Martial law - Wikipedia

The martial law concept in the U.S. is closely tied with the right of habeas corpus, which is in essence the right to a hearing on lawful imprisonment, or more broadly, the supervision of law enforcement by the judiciary. The ability to suspend habeas corpus is often equated with martial law. Article 1, Section 9 of the U.S. Constitution states, "The privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion, the public Safety may require it."

In United States law, martial law is limited by several court decisions that were handed down between the American Civil War and World War II. In 1878, Congress passed the Posse Comitatus Act, which forbids military involvement in domestic law enforcement without congressional approval. [/link]

On September 15, 1863, President [link=http://en.wikipedia.org/wiki/Abraham_Lincoln]Lincoln
imposed Congressionally-authorized martial law. The authorizing act allowed the President to suspend habeas corpus throughout the entire United States. Lincoln imposed the suspension on "prisoners of war, spies, or aiders and abettors of the enemy," as well as on other classes of people, such as draft dodgers. The President's proclamation was challenged in Ex parte Milligan, 71 US 2 [1866]). The Supreme Court ruled that Lincoln's imposition of martial law (by way of suspension of habeas corpus) was unconstitutional.




Key Supreme Court Cases: Ex Parte Milligan


Facts and Background
In 1864, during the Civil War, the Union Army arrested Lambdin Milligan and four other men in Indiana. They were charged with plotting to steal weapons and free Confederate soldiers held in prisoner-of-war camps. A military court sentenced them to die, but they appealed for their release under the Constitution's right of habeas corpus.

President Lincoln was very concerned about Southern sympathizers undermining the war effort in the North. These "Copperheads" were especially active in the southern parts of Ohio, Indiana, and Illinois. To combat this threat, President Lincoln issued a number of orders putting certain civilian areas in the North under military control and imposing martial (military) law. This enabled the military to arrest and try civilians whom they suspected of being disloyal.

However, the Constitution explicitly guarantees habeas corpus, which means that people have the right to go to court and have a judge determine if it is legal for them to be held. This is an important right, which prevents the authorities from acting illegally.
In the Milligan case, the Court had to decide whether Lincoln had followed the law and the Constitution when he authorized martial law.

The Decision
The decision was issued a year after the war ended. The unanimous Supreme Court held that the President had gone too far. The Court stressed that Indiana was not under attack and that Milligan was not connected with Confederate military service, nor was he a prisoner of war. He was arrested at home, not on a military maneuver. Even more important, the courts in Indiana were open and functioning normally during the war. The government could have charged him with treason and tried him in the courts, where he would have had the right to a jury and the right to a fair trial, under the Constitution.

The Reasoning
The justices were eloquent in defending the rule of law. Here are some excerpts from the Court's opinion, which was written by Justice David Davis:
It is the birthright of every American citizen when charged with crime, to be tried and punished according to law…. By the protection of the law human rights are secured; withdraw that protection, and they are at the mercy of wicked rulers, or the clamor of an excited people.

Civil liberty and … martial law cannot endure together…in the conflict, one or the other must perish.

The nation…has no right to expect that it will always have wise and humane rulers, sincerely attached to the principles of the Constitution. Wicked men, ambitious of power, with hatred of liberty and contempt of law, may fill the place once occupied by Washington and Lincoln; and if this [broad power of martial law] be conceded, the dangers to human liberty are frightful to contemplate.


quote:


2) Can federal troops be used in a law enforcement capacity if such aid is requested by the state Governor?


It depends on what you mean by a law enforcement capacity.  The military can be used in many circumstances and there are many variables involved.  The article below provides a good summary. 

But once again, what was being discussed was allowing the President to order the military to make arrests at his discretion. 

The military is not designed to be the President's personal domestic police force and there are laws ensuring that will never happen.


The Use of Federal Troops for Disaster Assistance: Legal Issues  







rulemylife -> RE: Report: Bush Mulled Sending Troops Into Buffalo (7/29/2009 1:23:53 PM)

quote:

ORIGINAL: FirmhandKY

What, exactly, is the legal definition of a "black-letter law"? You mean it's a law that must be followed? What are all the other laws called?

And what would the US Supreme Court say about your "black letter" laws?


Black Letter Law" Defined Definition of "Black Letter Law" ... The 'Lectric Law Library's Lexicon On; * Black Letter Law *

BLACK LETTER LAW - The principles of law which are generally known and free from doubt or dispute.


quote:


To you "competent legal authority" is anything that agrees with your position. In the rest of the world, it means the legal entity which has jurisdiction and authority to rule on the subject. For example, the US Supreme Court is the most superior competent legal authority involving issues of the Constitution in the US.


Ok, let's go with that.

Based on your definition, the lawyers advising Bush were not competent legal authorities as they were not judges on any court with the authority to rule on the issue. 

So by your own interpretation the advice he was given on a range of issues was not competent.

Which seems to be already being proven.

I've given you two Supreme Court cases that have declared the Bush administration 's interpretation of the law inaccurate.






FirmhandKY -> RE: Report: Bush Mulled Sending Troops Into Buffalo (7/29/2009 1:27:53 PM)


quote:

ORIGINAL: rulemylife

But once again, what was being discussed was allowing the President to order the military to make arrests at his discretion. 

You miss the point.

You are making assumptions, since you have no facts at all about the so-called event.

Arpig is pointing out that we do not know what the proposal was, exactly: there are no facts. However, in general, any such proposal could have easily been legal, if if followed the two paths he mentioned.

He doesn't claim that they did. He doesn't know, and admits it.

You, on the other hand, claim divine knowledge of not only what this so-called proposal actually said, but what was in the hearts and minds of all the people (supposedly) involved in it.

Firm




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