Posted on Dec 12, 2017
Graham on Suspected NYC Bomber: 'Reject the Law Enforcement Model,' Hold 'Under the Law of War'
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Finally, somebody admitting we are in a Global War on Terror and that unlawful combatant Islamists trying to kill us should be tried under the Law of War and not in civilian court.
Graham on Suspected NYC Bomber: 'Reject the Law Enforcement Model,' Hold 'Under the Law of War'
Posted from ijr.com
War on Terror
Terrorism
Law
Guantanamo Bay
Posted 7 y ago
Responses: 6
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Yeah cause all this time since the announcement of GWOT since 2002 we haven't been putting unlawful combatants in a place called Guantanamo without trial or due process. That law enforcements haven't used the threat of Guantanamo when interrogating American citizens suspected of terrorist activities. What Graham is asking for is eliminating due process regardless of citizenship status and residency status of suspected threats to American national security. Can we apply that to domestic terrorists? No, it only applies to foreign born terror suspects and doesn't require us being actually at war with a nation state; terrorists don't have a nation that sponsors them....or do they (Iran, N. Korea, Syria, Yemen, etc).
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MAJ Montgomery Granger
Not necessarily. There have been American citizens targeted by drones for assassination and then killed, without due process. If the President or Supreme Court determine a person is an enemy combatant nationality is immaterial. Again, the status of the individual takes precedent. Lawful combatant, yes or no? If "no," then the individual may still be at risk of war crimes or other crimes. If "yes" then the question is whether or not the individual is a LAWFUL combatant or not. If they don't meet the standards for lawful combatant, then they are an unlawful combatant and therefore entitled to ZERO extra legal privileges. If the individual's status in in doubt, then they would be entitled to a battlefield status hearing to determine their lawful status, with a guilty/innocent probability of 51 percent or greater, just like the US grand jury system of indictment.
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MAJ James Woods
MAJ Montgomery Granger - An American citizen who leaves his country, joins a hostile combatant terrorist organization that kills Americans in itself becomes a military combatant on a battlefield subject to rules of war. Or do you prefer sacrificing American lives to take him/her prisoner so they can face a court? Or do you prefer our military to call off a military strike of an HVT because an American who betrayed his country and again targeting to kill our Soldiers is also there?
How we handle combatants taken prisoner on US soil versus those we encounter on foreign soil in combat cannot be equated. Even lawful combatants should be given military trial due process representation by a lawyer for their crimes; not locked away forever without trial which has been the case for detainees in Guantanamo. It's pretty clear Graham doesn't believe in due process even for military prisoners and that's a problem. There's no such thing as a "battlefield status hearing" so lets not make stuff up; military tribunals apply to all combatants for their war crimes regardless of "individual's status" I assume you meant nationality.
How we handle combatants taken prisoner on US soil versus those we encounter on foreign soil in combat cannot be equated. Even lawful combatants should be given military trial due process representation by a lawyer for their crimes; not locked away forever without trial which has been the case for detainees in Guantanamo. It's pretty clear Graham doesn't believe in due process even for military prisoners and that's a problem. There's no such thing as a "battlefield status hearing" so lets not make stuff up; military tribunals apply to all combatants for their war crimes regardless of "individual's status" I assume you meant nationality.
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I agree with the Obama Doctrine of handeling extremists. He used drones and hellfire missiles very effectively to expedite their transition to Paradise and he was awarded a peace prize. Win-Win
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LTC (Join to see)
PO2 Robert Aitchison - I don't see that as an issue since we have a borderless world.
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Just kill him after you get the Intel from him. He had the evidence on him. Guilty as charged. Don't waste taxpayer money on a made for tv movie and kill the enemy where you find them.
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