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Politics : Foreign Affairs Discussion Group
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To: SirRealist who wrote (11908)11/29/2001 10:34:48 AM
From: Hawkmoon  Read Replies (2) of 281500
 
And the proposed tribunals have markedly different rules than those you mentioned

If I may ask, how was Nuremburg "different" that what has been proposed as an option currently?

There was apparently considerable dissent back then when the the Nazis were put on trial before a military tribunal, but the supreme court upheld the constitutionality of its use for trying non-US citizens for acts of war.

And I hardly concur that military tribunals, and/or courts-martial are "jury-rigged". They abide by the law and liberalistas like Alan Dershowitz acknowledge their legitimacy.

villagevoice.com

"It's one thing to subject prisoners of war who are captured on foreign battlefields to secret military tribunals. Though secret military trials of Bin Laden and his foreign associates may be unwise, they would be constitutional. It is quite another thing to treat American residents, some with long ties to this country, as if they had no rights under our constitution."

The question is whether US alien residents can be considered to be spies under espionage statutes. They have civil rights, but not the same as those of US citizens, especially during times of war. They can be legally held for up to 12 months.

And depending upon the status of the resident and the evidence being accumulated against them (and it's sensitivity), each case should be examined individually.

There is always the possibility of putting them on trial in "Spy Court", which is what some call the Federal court that handles spy cases, including classified information.

Hawk
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