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Politics : Foreign Affairs Discussion Group -- Ignore unavailable to you. Want to Upgrade?

To: Zeev Hed who wrote (32428)	6/16/2002 6:02:22 PM
From: JohnM	Respond to of 281500

Zeev, I assume the facts in any given case will be quite a bit murkier than those you present. The person involved will not offer any help; the evidence of association might be strong, but the evidence of planning of something weaker, and the evidence of actual doing something more than planning weaker still. In the midst of all this murkiness, a determination has to be made. Definitely. And I take it that is Tribe's familiar point about the Constitution not being a document for collective suicide. But at the same time, the process whereby the determination of "enemy combatant" in murky cases needs to include a judicial as well as an executive component. Not because the judicial will necessarily be any better. Just different rules. Thus reducing the chances of the executive branch going on witch hunts given the sense that some authority is always looking over their shoulder.

To: Zeev Hed who wrote (32428)	6/16/2002 7:23:43 PM
From: RWS	Read Replies (1) \| Respond to of 281500

Zeev, This is a little off the current topic under debate here, but I was wondering if you might have some insight as to why there are no names of Arabs or hijackers on the passenger lists of the four 9-11 hijacked airplanes? Thanks, RWS

To: Zeev Hed who wrote (32428)	6/16/2002 10:41:06 PM
From: Bilow	Read Replies (2) \| Respond to of 281500

Hi Zeev Hed; Re: "The only legal problem I see is the lack of a declaration of war by Congress ..." That shouldn't be a problem. The vast majority of the wars the US has been involved in have been undeclared. Only the really big ones get officially declared as such, and that mostly for arcane legal reasons. The US has only fought in 5 declared wars, War of 1812, Mexican War, Spanish-American War, WW1, and WW2. Here's a link to an erudite article on the subject by a USMC Lt. Col. student: #reply-16342624 Unfortunately the link I gave in the above SI link are no longer active, but I did quote a few paragraphs. -- Carl