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	<title>Comments on: My Take On The GITMO Arguments Yesterday</title>
	<atom:link href="http://patterico.com/2007/12/06/my-take-on-the-gitmo-arguments-yesterday/feed/" rel="self" type="application/rss+xml" />
	<link>http://patterico.com/2007/12/06/my-take-on-the-gitmo-arguments-yesterday/</link>
	<description>Harangues that just make sense</description>
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		<title>By: Thomas Jackson</title>
		<link>http://patterico.com/2007/12/06/my-take-on-the-gitmo-arguments-yesterday/comment-page-1/#comment-305719</link>
		<dc:creator>Thomas Jackson</dc:creator>
		<pubDate>Sat, 08 Dec 2007 04:30:18 +0000</pubDate>
		<guid isPermaLink="false">http://patterico.com/2007/12/06/my-take-on-the-gitmo-arguments-yesterday/#comment-305719</guid>
		<description>Crazy Andy would have us believe that the 300 plus setainees at Gitmo are all innoc3ents not seized in Iraq or Afghanistan and as innocent as the driven snow.

Yes Crazy I think its clear who is deranged and mad.  If you have evidence to support your views then present it.  Till then your braying remains uninformed such as your assertion that we are not following the Geneva Convention and that illegal combatants are protected under an agreement the US has signed.

You truly need your lithium, such ignorance and mendacity is beyond hope unless you are Chrissy or VOR.</description>
		<content:encoded><![CDATA[<p>Crazy Andy would have us believe that the 300 plus setainees at Gitmo are all innoc3ents not seized in Iraq or Afghanistan and as innocent as the driven snow.</p>
<p>Yes Crazy I think its clear who is deranged and mad.  If you have evidence to support your views then present it.  Till then your braying remains uninformed such as your assertion that we are not following the Geneva Convention and that illegal combatants are protected under an agreement the US has signed.</p>
<p>You truly need your lithium, such ignorance and mendacity is beyond hope unless you are Chrissy or VOR.</p>
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		<title>By: WLS</title>
		<link>http://patterico.com/2007/12/06/my-take-on-the-gitmo-arguments-yesterday/comment-page-1/#comment-305684</link>
		<dc:creator>WLS</dc:creator>
		<pubDate>Sat, 08 Dec 2007 02:14:08 +0000</pubDate>
		<guid isPermaLink="false">http://patterico.com/2007/12/06/my-take-on-the-gitmo-arguments-yesterday/#comment-305684</guid>
		<description>AJL -- what is the source of the quote you keep putting in bold letters? 

Read the briefs.  They are being held based on the charge of conspiracy to commit an act of war as unlawful combatants.  Justice Stevens&#039; challenged the legitimacy of such a charge in Hamdan, but Kennedy refused to join that part of the opinion, so that part of Stevens&#039; brief did not command a majority of the Court. 

&quot;Waging&quot; war and &quot;conspiring&quot; to commit an act of war are not synonymous.  

Part of the military commission proceedings is a finding by the military commission that there is a preponderance of evidence to support the charge upon which the detainee is held.

Whose to say if the Bosnian authorities were priivy to the same information as are the US military commissioners.  

This is the process the elected branches of gov&#039;t had devised and implemented.

If Chavez and Alostmadog were given similar authority by their national legislative bodies, and they exercised such authority, they&#039;d have a sovereign right to do so.

They&#039;d also have to be prepared to pay the international consequences for doing so.

We are.

Unless the Dems take over.

In which case, we probably still will be.</description>
		<content:encoded><![CDATA[<p>AJL &#8212; what is the source of the quote you keep putting in bold letters? </p>
<p>Read the briefs.  They are being held based on the charge of conspiracy to commit an act of war as unlawful combatants.  Justice Stevens&#8217; challenged the legitimacy of such a charge in Hamdan, but Kennedy refused to join that part of the opinion, so that part of Stevens&#8217; brief did not command a majority of the Court. </p>
<p>&#8220;Waging&#8221; war and &#8220;conspiring&#8221; to commit an act of war are not synonymous.  </p>
<p>Part of the military commission proceedings is a finding by the military commission that there is a preponderance of evidence to support the charge upon which the detainee is held.</p>
<p>Whose to say if the Bosnian authorities were priivy to the same information as are the US military commissioners.  </p>
<p>This is the process the elected branches of gov&#8217;t had devised and implemented.</p>
<p>If Chavez and Alostmadog were given similar authority by their national legislative bodies, and they exercised such authority, they&#8217;d have a sovereign right to do so.</p>
<p>They&#8217;d also have to be prepared to pay the international consequences for doing so.</p>
<p>We are.</p>
<p>Unless the Dems take over.</p>
<p>In which case, we probably still will be.</p>
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		<title>By: DRJ</title>
		<link>http://patterico.com/2007/12/06/my-take-on-the-gitmo-arguments-yesterday/comment-page-1/#comment-305671</link>
		<dc:creator>DRJ</dc:creator>
		<pubDate>Sat, 08 Dec 2007 01:13:49 +0000</pubDate>
		<guid isPermaLink="false">http://patterico.com/2007/12/06/my-take-on-the-gitmo-arguments-yesterday/#comment-305671</guid>
		<description>&lt;a href=&quot;http://www.law.cornell.edu/supct/cert/06-1195.html&quot; target=&quot;_blank&quot; title=&quot;&quot; rel=&quot;nofollow&quot;&gt;Here it is&lt;/a&gt;: &lt;blockquote&gt;&lt;b&gt;The Boumediene detainees include six Bosnian-Algerian natives who were arrested by local Bosnian police in late 2001 on suspicion of plotting to attack the U.S. embassy in Sarajevo. &lt;/b&gt;See Brief for Boumediene Petitioners at 1-2. After a three-month international investigation, the detainees were released [from Bosnian custody] for lack of evidence. Id. at 2. Immediately upon release, however, the United States military transported them to Guantanamo. Id.The Boumediene detainees are joined by the Al Odah detainees, who include four Kuwati citizens and twelve Yemeni citizens, as well as the three El- Banna detainees, some of whom were taken into custody in Afghanistan and Pakistan. Most of the detainees have been under United States custody for more than five years. &lt;/blockquote&gt;</description>
		<content:encoded><![CDATA[<p><a href="http://www.law.cornell.edu/supct/cert/06-1195.html" target="_blank" title="" rel="nofollow">Here it is</a>:<br />
<blockquote><b>The Boumediene detainees include six Bosnian-Algerian natives who were arrested by local Bosnian police in late 2001 on suspicion of plotting to attack the U.S. embassy in Sarajevo. </b>See Brief for Boumediene Petitioners at 1-2. After a three-month international investigation, the detainees were released [from Bosnian custody] for lack of evidence. Id. at 2. Immediately upon release, however, the United States military transported them to Guantanamo. Id.The Boumediene detainees are joined by the Al Odah detainees, who include four Kuwati citizens and twelve Yemeni citizens, as well as the three El- Banna detainees, some of whom were taken into custody in Afghanistan and Pakistan. Most of the detainees have been under United States custody for more than five years. </p></blockquote>
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		<title>By: DRJ</title>
		<link>http://patterico.com/2007/12/06/my-take-on-the-gitmo-arguments-yesterday/comment-page-1/#comment-305666</link>
		<dc:creator>DRJ</dc:creator>
		<pubDate>Sat, 08 Dec 2007 01:08:18 +0000</pubDate>
		<guid isPermaLink="false">http://patterico.com/2007/12/06/my-take-on-the-gitmo-arguments-yesterday/#comment-305666</guid>
		<description>On this other hand, this &lt;a href=&quot;http://news.bbc.co.uk/2/hi/americas/7120713.stm&quot; target=&quot;_blank&quot; title=&quot;&quot; rel=&quot;nofollow&quot;&gt;BBC report&lt;/a&gt; doesn&#039;t say anything about Sarajevo.</description>
		<content:encoded><![CDATA[<p>On this other hand, this <a href="http://news.bbc.co.uk/2/hi/americas/7120713.stm" target="_blank" title="" rel="nofollow">BBC report</a> doesn&#8217;t say anything about Sarajevo.</p>
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		<title>By: Andrew J. Lazarus</title>
		<link>http://patterico.com/2007/12/06/my-take-on-the-gitmo-arguments-yesterday/comment-page-1/#comment-305664</link>
		<dc:creator>Andrew J. Lazarus</dc:creator>
		<pubDate>Sat, 08 Dec 2007 01:03:09 +0000</pubDate>
		<guid isPermaLink="false">http://patterico.com/2007/12/06/my-take-on-the-gitmo-arguments-yesterday/#comment-305664</guid>
		<description>WLS, it was the Reichstag, I think.

&lt;blockquote&gt;For example, the petitioners in the Boumediene case allege — &lt;b&gt;and the Government does not dispute&lt;/b&gt; — that they never waged war on the United States.&lt;/blockquote&gt;Emphasis added.

Do Presidents Ahmadinejad and Chavez have the right to &quot;identify&quot; people planning to blow up Iranian and Venezuelan embassies and hold them without trial, production of evidence, or possibility of defense?</description>
		<content:encoded><![CDATA[<p>WLS, it was the Reichstag, I think.</p>
<blockquote><p>For example, the petitioners in the Boumediene case allege — <b>and the Government does not dispute</b> — that they never waged war on the United States.</p></blockquote>
<p>Emphasis added.</p>
<p>Do Presidents Ahmadinejad and Chavez have the right to &#8220;identify&#8221; people planning to blow up Iranian and Venezuelan embassies and hold them without trial, production of evidence, or possibility of defense?</p>
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		<title>By: DRJ</title>
		<link>http://patterico.com/2007/12/06/my-take-on-the-gitmo-arguments-yesterday/comment-page-1/#comment-305663</link>
		<dc:creator>DRJ</dc:creator>
		<pubDate>Sat, 08 Dec 2007 01:02:17 +0000</pubDate>
		<guid isPermaLink="false">http://patterico.com/2007/12/06/my-take-on-the-gitmo-arguments-yesterday/#comment-305663</guid>
		<description>I think that&#039;s right, WLS, and my understanding of American law is that an attack on a US embassy is considered an act of war against the US.  

In addition, here&#039;s an interesting &lt;a href=&quot;http://www.fas.org/irp/crs/RL31191.pdf&quot; target=&quot;_blank&quot; title=&quot;&quot; rel=&quot;nofollow&quot;&gt;Congressional Research Service report&lt;/a&gt; on the Bush Administration&#039;s November 2001 Order to detain and try enemy combatants before military tribunals.</description>
		<content:encoded><![CDATA[<p>I think that&#8217;s right, WLS, and my understanding of American law is that an attack on a US embassy is considered an act of war against the US.  </p>
<p>In addition, here&#8217;s an interesting <a href="http://www.fas.org/irp/crs/RL31191.pdf" target="_blank" title="" rel="nofollow">Congressional Research Service report</a> on the Bush Administration&#8217;s November 2001 Order to detain and try enemy combatants before military tribunals.</p>
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		<title>By: WLS</title>
		<link>http://patterico.com/2007/12/06/my-take-on-the-gitmo-arguments-yesterday/comment-page-1/#comment-305661</link>
		<dc:creator>WLS</dc:creator>
		<pubDate>Sat, 08 Dec 2007 00:40:17 +0000</pubDate>
		<guid isPermaLink="false">http://patterico.com/2007/12/06/my-take-on-the-gitmo-arguments-yesterday/#comment-305661</guid>
		<description>Conspiracy to engage in unlawful combatant activities -- conspiring as part of AQ or an AQ affiliated group to blow up the US Embassy in Sarajevo (I think).</description>
		<content:encoded><![CDATA[<p>Conspiracy to engage in unlawful combatant activities &#8212; conspiring as part of AQ or an AQ affiliated group to blow up the US Embassy in Sarajevo (I think).</p>
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		<title>By: Andrew J. Lazarus</title>
		<link>http://patterico.com/2007/12/06/my-take-on-the-gitmo-arguments-yesterday/comment-page-1/#comment-305655</link>
		<dc:creator>Andrew J. Lazarus</dc:creator>
		<pubDate>Fri, 07 Dec 2007 23:46:00 +0000</pubDate>
		<guid isPermaLink="false">http://patterico.com/2007/12/06/my-take-on-the-gitmo-arguments-yesterday/#comment-305655</guid>
		<description>&lt;blockquote&gt;no one in his right mind has denied these are illegal in all senses of the world.&lt;/blockquote&gt;Patterico himself wrote&lt;blockquote&gt;&lt;a href=&quot;http://patterico.com/2007/12/06/gtmo-tribunals-kafkaesque/&quot; rel=&quot;nofollow&quot;&gt;For example, the petitioners in the Boumediene case allege — and the Government does not dispute — that they never waged war on the United States&lt;/a&gt;.&lt;/blockquote&gt;Who has his own facts? Who is deranged? What combat did these petitioners engage in, and in what way was their conduct unlawful under the GC? You misrepresent the facts, and you misrepresent what advocates of the rule of law are calling for.</description>
		<content:encoded><![CDATA[<blockquote><p>no one in his right mind has denied these are illegal in all senses of the world.</p></blockquote>
<p>Patterico himself wrote<br />
<blockquote><a href="http://patterico.com/2007/12/06/gtmo-tribunals-kafkaesque/" rel="nofollow">For example, the petitioners in the Boumediene case allege — and the Government does not dispute — that they never waged war on the United States</a>.</p></blockquote>
<p>Who has his own facts? Who is deranged? What combat did these petitioners engage in, and in what way was their conduct unlawful under the GC? You misrepresent the facts, and you misrepresent what advocates of the rule of law are calling for.</p>
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		<title>By: Thomas Jackson</title>
		<link>http://patterico.com/2007/12/06/my-take-on-the-gitmo-arguments-yesterday/comment-page-1/#comment-305653</link>
		<dc:creator>Thomas Jackson</dc:creator>
		<pubDate>Fri, 07 Dec 2007 23:32:20 +0000</pubDate>
		<guid isPermaLink="false">http://patterico.com/2007/12/06/my-take-on-the-gitmo-arguments-yesterday/#comment-305653</guid>
		<description>Crazy Andy do you ever bother to read the documents you so clearly butcher?  Have you ever read the Geneva Convention or understand it?

Such breathtaking mendacity shouldn&#039;t be attributed simply to ignorance.  Article IV clearly states what happens to illegal combatants and no one in his right mind has denied these are illegal in all senses of the world.

Clearly the blog master has a resposnibility to seperate whose who are entitled to their own opinion from those who believe they are entitled to their own facts.

Separting the opinated from the derranged is clearly a different matter.

Res ipsa Loquitur.</description>
		<content:encoded><![CDATA[<p>Crazy Andy do you ever bother to read the documents you so clearly butcher?  Have you ever read the Geneva Convention or understand it?</p>
<p>Such breathtaking mendacity shouldn&#8217;t be attributed simply to ignorance.  Article IV clearly states what happens to illegal combatants and no one in his right mind has denied these are illegal in all senses of the world.</p>
<p>Clearly the blog master has a resposnibility to seperate whose who are entitled to their own opinion from those who believe they are entitled to their own facts.</p>
<p>Separting the opinated from the derranged is clearly a different matter.</p>
<p>Res ipsa Loquitur.</p>
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		<title>By: Andrew J. Lazarus</title>
		<link>http://patterico.com/2007/12/06/my-take-on-the-gitmo-arguments-yesterday/comment-page-1/#comment-305633</link>
		<dc:creator>Andrew J. Lazarus</dc:creator>
		<pubDate>Fri, 07 Dec 2007 20:58:53 +0000</pubDate>
		<guid isPermaLink="false">http://patterico.com/2007/12/06/my-take-on-the-gitmo-arguments-yesterday/#comment-305633</guid>
		<description>DRJ 26: It&#039;s the USA&#039;s behavior &lt;i&gt;after&lt;/i&gt; 9/11 that tones down my anger over the Iran Embassy takeover. I didn&#039;t realize before how a faction could use the power of transgressing international norms (whether it&#039;s extraterritoriality of embassy property or the International Convention Against Torture) as a marker for its defense of &quot;national security&quot;, &quot;the revolution&quot;, or some other ideal. I&#039;m sure the Iranians had what seemed to them to be perfectly good reasons to take over the embassy. They claimed it was a hotbed of anti-revolution monarchist spies, and they were probably right&#8212;but as I saw it &lt;i&gt;then&lt;/i&gt;, this claim was irrelevant. I still see it as irrelevant. I also see the &quot;but Al Qaeda is really bad&quot; claim as irrelevant to the travesty of international justice we have created at Gitmo.

In the case of the Bush Administration, we seem to be fighting Al Qaeda more by trying to prove W&#039;s mojo than frustrating actual plots. You would almost think that (like the embassy takeover), &lt;i&gt;domestic&lt;/i&gt; politics was the real consideration!

Larry #30: The issue is &lt;i&gt;not&lt;/i&gt; the battlefield detention of hostiles. Yes, we can do that, although even many of those detainees are probably deprived of Geneva Convention rights that they should have as POWs. (A uniform, for example, is &lt;i&gt;not&lt;/i&gt; a requirement for a local resident who takes up arms against an invader.) You wish to expand the circumstances of battlefield hostilities to any place in the world (e.g., a Bosnian prison). No go. Our interaction with many of the detainees is not &quot;war&quot;, and until you wrap your mind around that, you will be trapped in a dangerous and unlawful fantasy world.</description>
		<content:encoded><![CDATA[<p>DRJ 26: It&#8217;s the USA&#8217;s behavior <i>after</i> 9/11 that tones down my anger over the Iran Embassy takeover. I didn&#8217;t realize before how a faction could use the power of transgressing international norms (whether it&#8217;s extraterritoriality of embassy property or the International Convention Against Torture) as a marker for its defense of &#8220;national security&#8221;, &#8220;the revolution&#8221;, or some other ideal. I&#8217;m sure the Iranians had what seemed to them to be perfectly good reasons to take over the embassy. They claimed it was a hotbed of anti-revolution monarchist spies, and they were probably right&mdash;but as I saw it <i>then</i>, this claim was irrelevant. I still see it as irrelevant. I also see the &#8220;but Al Qaeda is really bad&#8221; claim as irrelevant to the travesty of international justice we have created at Gitmo.</p>
<p>In the case of the Bush Administration, we seem to be fighting Al Qaeda more by trying to prove W&#8217;s mojo than frustrating actual plots. You would almost think that (like the embassy takeover), <i>domestic</i> politics was the real consideration!</p>
<p>Larry #30: The issue is <i>not</i> the battlefield detention of hostiles. Yes, we can do that, although even many of those detainees are probably deprived of Geneva Convention rights that they should have as POWs. (A uniform, for example, is <i>not</i> a requirement for a local resident who takes up arms against an invader.) You wish to expand the circumstances of battlefield hostilities to any place in the world (e.g., a Bosnian prison). No go. Our interaction with many of the detainees is not &#8220;war&#8221;, and until you wrap your mind around that, you will be trapped in a dangerous and unlawful fantasy world.</p>
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