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Politics : Impeach George W. Bush -- Ignore unavailable to you. Want to Upgrade?

To: Neocon who wrote (8068)	12/4/2001 5:52:33 AM
From: jttmab	Read Replies (1) \| Respond to of 93284

Yes, the Japanese internment camps were not truly justified, and were "oppression". We are not supplanting the judicial system tout court, we are supplementing it with something that allows for greater security and expeditiousness, for limited purposes. Military tribunals are permitted in some circumstances, for example, when a state of martial law is declared. You are right, Posner does not clarify the odd case of a citizen- traitor, but the general intent is clear. As for other sentence, there were two defects in the internment of Japanese- Americans: first, they were citizens, with full rights under the Constitution, and secondly, they were not under specific suspicion, or subject to charges that could be tested in any kind of court. In the present circumstances, we contemplate the detention of aliens, under specific suspicion, and with some kind of trial to follow. Precedence doesn't necessarily imply that a policy or approach is good. There is precedence for the Federal eminent domain to take private property, but expanding the use isn't necessarily a good idea. And such may well be the case with military tribunals. There is a need that justice be served but equally important is that is seen be served. The military tribunals are ill defined at this point in time. I hear contradictory statement from the Administration as to whether they will be secret or not; the use of hearsay as evidence is a significant concern especially in light of the cooperative program where aliens can get on the fast track for citizenship or green card status. Bribe or reward it's a system that will generate an immense amount of unreliable hearsay evidence. IMO, it is insufficient to merely claim that unreliable evidence would not be used. The potential abuse is too tempting. Defendents will not be allowed to select defense of their own choosing. These are significant points that at a minimum will deny the appearance of justice if not turn it into a tout court. we contemplate the detention of aliens, under specific suspicion, and with some kind of trial to follow. And we've detained aliens merely because they obtained a driver's license within an hour of the events of Sept 11th. As far as I can tell the internment of Americans of Japanese descent was never legally overturned, it's a standing precedent. [There was a civil case, but I don't recall whether it ever came to a conclusion; if that counts as precedence]. We can say that it will never happen again, but the system of checks and balances failed. If it failed then, it can fail again. jttmab