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What's happening with those poor devils at Camp Xray ???

 
 
Thomas
 
  1  
Reply Mon 27 Oct, 2003 01:56 pm
Scrat wrote:
"Interrogation" can simply mean asking questions. It doesn't always involve rubber hoses.

I know. This is why I said "highly unreliable", not "sure to fail and be cruel".
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Scrat
 
  1  
Reply Mon 27 Oct, 2003 02:03 pm
Thomas wrote:
Scrat wrote:
"Interrogation" can simply mean asking questions. It doesn't always involve rubber hoses.

I know. This is why I said "highly unreliable", not "sure to fail and be cruel".

I simply noted what appeared to be your assumption that the use of the term automatically meant something more than a simple questioning.
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Thomas
 
  1  
Reply Mon 27 Oct, 2003 02:25 pm
Scrat wrote:
I simply noted what appeared to be your assumption that the use of the term automatically meant something more than a simple questioning.

Good point. I shouldn't have assumed a familiarity with the inquisition, which on average was much less terrible than common wisdom thinks it was. It, too, usually amounted to no more than questioning. And from the Catholic Church's point of view, its unreliability was a much bigger problem than its occasional cruelty. People with interesting information to hide wouldn't talk without "being shown the instruments", or more. People who didn't, after being shown them, would say anything being shown them, just to get out. Often this was utter nonsense. So the inquisition was dysfunctional for the same reason military interrogation is dysfunctional, which is why I mentioned it. (No condescension intended by the way -- I really shouldn't have assumed people know this.)

Still looking forward to those rational reports. Smile

-- T
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Scrat
 
  1  
Reply Mon 27 Oct, 2003 02:30 pm
I see, so if we tortured them, shame on us and we can't rely on anything they told us, and if we didn't, they probably thought we were going to, so the same rules apply.

Rolling Eyes
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wolf
 
  1  
Reply Mon 27 Oct, 2003 02:59 pm
Scrat, if 600 men are being questioned, how come the 'war on terrorism' is a total failure and there's more random, anonymous terrorism than any time in history. Oh, and bin Laden is supposed to be in the mountains but the CIA can't find him. How's that for a Rolling Eyes

Now don't tell me terrorism has always known fluctuations, included during the Stone Age, and that the USA have nothing to do with it.
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Scrat
 
  1  
Reply Mon 27 Oct, 2003 07:24 pm
wolf wrote:
Scrat, if 600 men are being questioned, how come the 'war on terrorism' is a total failure and there's more random, anonymous terrorism than any time in history. Oh, and bin Laden is supposed to be in the mountains but the CIA can't find him. How's that for a Rolling Eyes

Now don't tell me terrorism has always known fluctuations, included during the Stone Age, and that the USA have nothing to do with it.

Wolf - You are almost amusing. You toss around your absurd theories, laughable opinions, inflated claims and outright falsehoods and seem to actually think that people are just going to suck them up without question. What a joke!

I'd love to see your source for statistics on terrorism rates during the stone age! ROFLMAO!!!!

The funniest thing is that I can tell you actually mean this crap! Cool Cool Cool
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Tartarin
 
  1  
Reply Mon 27 Oct, 2003 08:55 pm
Scrat -- you're one of those moral relativists the Republicans are so down on!
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Scrat
 
  1  
Reply Tue 28 Oct, 2003 12:47 pm
Tartarin wrote:
Scrat -- you're one of those moral relativists the Republicans are so down on!

What you flippantly call moral relativism is simply a recognition that we live in a world of conflicting ideals, where there is seldom one solution to all problems, or a solution to any problem that is perfect in all measures. Once one understands and accepts that basic truth, one recognizes that all decisions and actions have a context within which tradeoffs must be recognized and cannot be avoided. Choosing A necessitates B and C, even though B and C may not be desirable in and of themselves. Ignoring the context often allows one to take inappropriate actions or make wrong decisions.

You might not want someone to cut your leg off. Losing your leg is not something most people desire. But if a doctor tells you he must take your leg to save your life, you may choose to lose the leg. Your calling me a moral relativist for my stance on the detainees is akin to claiming that someone who understands the medical need to amputate a limb is a sadist and a butcher.
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nimh
 
  1  
Reply Mon 10 Nov, 2003 07:12 pm
Quote:
Supreme Court Takes First Case on Guantánamo Detainees

The Supreme Court entered a fundamental debate between individual liberty and national security today by agreeing to consider whether prisoners held by the United States since the war in Afghanistan can challenge their imprisonment in American courts.

The justices agreed to hear appeals filed on behalf of two groups of detainees at the United States naval base at Guantánamo Bay, Cuba. The cases have been brought on behalf of 12 Kuwaitis, 2 British citizens and 2 Australians.

The prisoners are among more than 600 being held as suspected Taliban or Al-Qaeda members. They were swept up by American forces in Afghanistan or Pakistan in the campaign to topple the Taliban government in Afghanistan after the Sept. 11, 2001, terror attacks on the United States.

Lower courts have held that the prisoners cannot use American courts to challenge their incarceration because the United States has no legal jurisdiction over the Navy base, which it has leased from Cuba for more than a century.

In so ruling, the courts have in effect deferred to the Bush administration on actions it has taken in the name of national security since the attacks that killed nearly 3,000 people, more than died at Pearl Harbor.

"Cuba — not the United States — has sovereignty over Guantánamo Bay," the United States Court of Appeals for the District of Columbia Circuit ruled last March, upholding a district court ruling. For that reason, the appeals court concluded, American courts are not open to the detainees. Lawyers for the detainees have asserted that the United States does have sovereignty over Guantánamo, since it controls the 45-square-mile base.

The Supreme Court will decide, probably next year, whether the District of Columbia Circuit was right. But the comments of lawyers on both sides suggest that the justices will be asked to decide something of more transcendent importance. [..]

Solicitor General Theodore B. Olson had urged the Supreme Court not to hear the Guantánamo detainees' appeal. His brief argued that the circuit court had properly interpreted a 53-year-old Supreme Court precedent to hold that "aliens detained by the military abroad" have only those rights that are "determined by the executive and the military, and not the courts." (Mr. Olson's wife, Barbara, was killed in the hijacked airliner that struck the Pentagon on Sept. 11, 2001.)

The Center for Constitutional Rights, in New York, took a contrary position. "For over a year and a half, hundreds of people have been imprisoned in Guantánamo without charges, access to lawyers or to their families," the center's president, Michael Ratner, argued. "This lawless situation must not continue. Every imprisoned person should have the right to test the legality of their detention. It is this basic principle that has been denied to our clients and it is this denial that we want the Supreme Court to review."

The center's assistant legal director, Barbara Olshansky, said: "Never has America taken the public position that it is not bound at all by the rule of law. Such a dangerous and immoral principle should not be established now."
The cases are Rasul v. Bush, 03-334 and Al Odah v. United States, 03-343. [..] The outcome of the Guantánamo case may not be known for many months. [..]

"We hope that the Supreme Court will bring an end to the legal black hole into which the Guantánamo detainees have been thrown and ensure justice for them and their families," Amnesty International said in a statement today.
0 Replies
 
Thomas
 
  1  
Reply Tue 11 Nov, 2003 06:52 am
Thanks Nimh!

For reference, the source of this New York Times Article is here. I just logged in to A2K to post this article, but you bet me to it!

It's nice to see that checks and balances are still working in the USA, and that the president cannot arbitrarily exclude people from protection by the law -- even if he's trying hard. This should be an interesting trial.
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Scrat
 
  1  
Reply Tue 11 Nov, 2003 10:21 am
I see nothing wrong with the USSC considering this decision. Sadly, if they decide to uphold the lower court's decision, those complaining of that decision will call it a political decision by a conservative court.

If they decide to overturn that lower court decision, and thereby the standing USSC precedent in the matter, I wonder whether those on the left will call it judicial activism. Confused
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Thomas
 
  1  
Reply Tue 11 Nov, 2003 10:27 am
Scrat wrote:
I see nothing wrong with the USSC considering this decision. Sadly, if they decide to uphold the lower court's decision, those complaining of that decision will call it a political decision by a conservative court.

If they decide to overturn that lower court decision, and thereby the standing USSC precedent in the matter, I wonder whether those on the left will call it judicial activism. Confused

Just for the record, Scrat: Do you also wonder whether conservatives will complain about judical activism if they don't like the court's verdict? And if you don't, is that because you know they won't complain or because you know they will?

Thanks!
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Scrat
 
  1  
Reply Tue 11 Nov, 2003 12:42 pm
Thomas wrote:
Just for the record, Scrat: Do you also wonder whether conservatives will complain about judical activism if they don't like the court's verdict?

Sure Thomas, if it will make you happy, I'll wonder about them too.

Of course, by-and-large I don't think conservatives define "judicial activism" as overturning precedents. I think that liberals, by-and-large, do. That was why I focused specifically on the latter, and not the former.
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nimh
 
  1  
Reply Tue 11 Nov, 2003 03:30 pm
Scrat wrote:
I see nothing wrong with the USSC considering this decision. Sadly, if they decide to uphold the lower court's decision, those complaining of that decision will call it a political decision by a conservative court.

If they decide to overturn that lower court decision, and thereby the standing USSC precedent in the matter, I wonder whether those on the left will call it judicial activism. Confused


For me, personally - no deep thought in this, admittably - it would depend on dividing lines. If its the familiar 5 against 4 (thats the numbers, right?) along what are generally seen as party lines - e.g., the elections 2000 case 5 against 4 - my instinct would be to consider it a political decision. And I personally think that is exactly what will happen - this issue is just too important to the Bushist agenda not to elicit that kind of partisan loyalty.

If they uphold the lower court's decision by a greater margin, or overturn it, instead, the argument of partisan loyalty among the justices is much harder to maintain.

In the meantime, just the case having been brought before the court by these people, in the first place, should put the kind of scornful rhetorics this thread has seen along the lines of the below to rest forgood:

Scrat wrote:
If so many honestly believe these people are deserving of treatment under a different legal status, why has no one taken appropriate steps to challenge their status? Is it possible that these people are more convenient to the left so long as their status remains as it is: something the left can whine about but has no interest in actually challenging? Perhaps those who understand a bit more than you actually know they would lose such a challenge, and so do not deign to make it.
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Scrat
 
  1  
Reply Tue 11 Nov, 2003 10:45 pm
nimh wrote:
If its the familiar 5 against 4 (thats the numbers, right?) along what are generally seen as party lines - e.g., the elections 2000 ...

Check the records again; the decision that ended the 2000 election recounts was SEVEN TO TWO, not 5 to 4. The five to four decision was on the lesser issue. The decision to halt the illegal recounts was SEVEN TO TWO. (And I believe you'll note that said decision crosses party lines.)
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dyslexia
 
  1  
Reply Tue 11 Nov, 2003 10:49 pm
really? I too thought is was 5 to 4.
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Scrat
 
  1  
Reply Tue 11 Nov, 2003 10:53 pm
dyslexia wrote:
really? I too thought is was 5 to 4.

I can only guess that's because you never bothered to look beyond the 11 o'clock news' distortion and read the decision yourself.
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dyslexia
 
  1  
Reply Tue 11 Nov, 2003 10:55 pm
well, perhaps you are wrong, or is civility not your stong suit?
TALLAHASSEE, Florida (CNN) -- Though sharply divided, the U.S. Supreme Court stepped in Saturday to stop the court-ordered manual count of tens of thousands of presidential election ballots in Florida.

George W. Bush campaign workers responded to the order with "subdued exuberance." Ron Klain, a legal advisor to Vice President Al Gore, said the campaign is "obviously disappointed."

The high court voted 5-4 to stop a recount that had been ordered Friday by the Florida Supreme Court to address claims by Gore that some votes cast for him on November 7 were never counted
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Scrat
 
  1  
Reply Tue 11 Nov, 2003 11:33 pm
dyslexia wrote:
well, perhaps you are wrong, or is civility not your stong suit?
TALLAHASSEE, Florida (CNN) -- Though sharply divided, the U.S. Supreme Court stepped in Saturday to stop the court-ordered manual count of tens of thousands of presidential election ballots in Florida.

George W. Bush campaign workers responded to the order with "subdued exuberance." Ron Klain, a legal advisor to Vice President Al Gore, said the campaign is "obviously disappointed."

The high court voted 5-4 to stop a recount that had been ordered Friday by the Florida Supreme Court to address claims by Gore that some votes cast for him on November 7 were never counted

You're going to lecture me on civility? ROFLMFAO! Cool, very cool.

Now, read a bit further and you'll note that they ruled 7-to-2 that the recounts did not pass constitutional muster. That was the decision that ended Gore's attempt to steal an unlawful victory out of the jaws of a legitimate defeat. But yes, the vote was 5-to4 to end the recounts that were currently underway. Kind of a moot point when they'd been ruled unconstitutional, don't you think?

But I suppose your point of view is factually, if not logically, accurate. :wink:
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nimh
 
  1  
Reply Wed 12 Nov, 2003 06:24 am
Scrat wrote:
You're going to lecture me on civility? ROFLMFAO! Cool, very cool.


Dys' posts may often be elliptical or deadpan, but I've never seen him be outright rude to anyone here.

Doesnt necessarily mean he's never done it, I guess, I'm not in every thread after all (counter to how it may seem), but it must at least have been pretty rare.

In your case, on the other hand, I'm always pleasantly surprised when you are civil and polite.
0 Replies
 
 

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