11/30/09 Judge Napolitano on Why Alleged Terrorists Should be Tried in Federal Court

[witness23]

This shed some light on why some of the things that are being done in this administration and thought I would share it with everyone. I am not a Constitutional lawyer but it sounds like the administration is doing their best to follow it, I could be missing something though and I'm sure the fine people of the Soapbox will point them out for me.

YouTube - 11/30/09 Judge Napolitano on Why Alleged Terrorists Should be Tried in Federal Court

 

[davekc]

Re: 11/30/09 Judge Napolitano on Why Alleged Terrorists Should be Tried in Federal Co

I would say she is right if it was say a Catholic from Ireland that tried to blow up the Delta Flight. The difference I see is that this guy is a member of a radical Muslim group that has declared war on the US. Catholics for example haven't declared war on anything. Because of that, they become enemy combatants and should be handled by the military.
The biggest problem with the current administration is that they say terrorism has ended. In fact they are trying to call it anything else but that. That in lies why they are running around trying to put out a fire.

 

[layoutshooter]

Re: 11/30/09 Judge Napolitano on Why Alleged Terrorists Should be Tried in Federal Co

She is 100% dead wrong. These attacks are acts of war. The are not criminal acts and should not be treated as such. They are not subject to the protections of the Constitution of the United States. Those who take part in military operations are enemy combatants and should be treated as such and handled by the military.

When an enemy combatant is captured during an attack and is out of uniform they can, and should,be shot. Period.

This is State sponsored war. These war is being funded and supported by Russia and China for the most part. The operational end is being handled by mainly Iran, Syria and North Korea. Yeman is becoming a much bigger player as of late.

Our Federal courts and our Constitution are there for handling civilian crimes, not military actions. This idea that these enemy combatants are to be given the rights and protections that are afforded to U.S. citizens, at the expense of those who they are trying their best to kill is absurd.

The judge and Obama should be disbarred for this stupidity..

 

[witness23]

Re: 11/30/09 Judge Napolitano on Why Alleged Terrorists Should be Tried in Federal Co

You guys keep saying "she", who is "she"?

 

[witness23]

Re: 11/30/09 Judge Napolitano on Why Alleged Terrorists Should be Tried in Federal Co

Did you even open and listen to the link I included?

 

[greg334]

Re: 11/30/09 Judge Napolitano on Why Alleged Terrorists Should be Tried in Federal Co

You guys keep saying "she", who is "she"?

They keep saying SHE because Janet Napolitano heads the Department of Homeland Security and is no relations to the "judge''. She is the worst one who could, pro-invader and very liberal. It makes one wonder why are we calling it Homeland security - too europeanisque.

The Judge is another TV talking head, he served on the NJ bench for 11 years before leaving it to pursue a career. He would not be the one to justify any move on the federal level regardless where he served - which happened to be in state court.

I saw that justification he argued and it is wrong. If we are to worry about outcomes and so on, then we should have setup the military court system under special war time rules that allow us to try them in secret with a panel of judges that do not have to have the president's signature - Nuremberg comes to mind.

But this is Holder's and Obama's doing, they know better than to allow these guys a forum to speak and they also know that it will come to a life sentence instead of death. There are ways to make them die without having them become a martyr. But once they hit our soil, they are afforded every consitutional right because of our inept congress and Bush allowing it to go to court in the first place - they could have told the federal court system NOT to take the case, it is in their powers to do that.

 

[OntarioVanMan]

Re: 11/30/09 Judge Napolitano on Why Alleged Terrorists Should be Tried in Federal Co

When an enemy combatant is captured during an attack and is out of uniform they can, and should,be shot. Period.

But they represent no country..hence no uniform.

the rules have changed...unless WE assume to be the rule maker alone.

 

[layoutshooter]

Re: 11/30/09 Judge Napolitano on Why Alleged Terrorists Should be Tried in Federal Co

Yes I did listen, don't know what happened to my fingers. HE is wrong about it not being an act of war. He has no idea what war is in today's meaning.

Example: Russia wants to kill Americans. They take funds and move them through a series of money laundering schemes and it ends up in Iran. Iran distributes the cash where it is used for training, planning and the execution of plans. Russia is just as responsible as the dork that flew the plane into the towers. By the way, Russia is getting quite a bit of U.S taxpayers money that they are getting for assistance in dis-arming. Then they have more of their own funds to do this sort of thing.

The people of the U.S. had better wake up. 75 million+ to give an enemy rights they he would destroy.

 

[greg334]

Re: 11/30/09 Judge Napolitano on Why Alleged Terrorists Should be Tried in Federal Co

But Layout, it doesn't matter. Obama can't lead in a crisis and that has been proven. The latest event uncovered that;

• we are not in control of the intake at foreign airports per our security policies
• we don't have enough resources to prevent an attack on a plane because we are not using the sky marshal program for every and all flights
• we allow the people who want to kill us rights to just do that
• we are setting ourselves up for another attack and have cheapen the memory of what happened in the past by politicizing the "memorials"

Does it all matter to be tough and to hold onto policies that protect us?

Yes.

Regardless what the international community has screamed about, or what people think we have done to agitate these people, the fact remains that we have not had to worry about this when the rights of someone who wants to kill any of us were never taken into account before someone pulled a trigger to kill them.

The fact remains that others justify our actions as wrong by the mere fact that there seems to be more of them than before. But they don't include the problems within the culture, the war they have been fighting internally or the fact that most of what we have done pales in comparison of what others have done - we are scape goats for the people who want to gain power among those who want to kill us.

 

[layoutshooter]

Re: 11/30/09 Judge Napolitano on Why Alleged Terrorists Should be Tried in Federal Co

Greg, I am well aware of how Obama is not able to perform the duties he has as Commander in Chief. It becomes more evident everyday.

I know that we did not start this war. It was forced upon us by a radical group of countries and a segment of a religion that has be perverted by some to be used as a weapon and justification for hate.

The American people need to wake up. Their government is not defending them as required. It is the fault of those who put this administration and this government into power. They did not do their homework. They feel for a slick sales push, a bunch of 30 second sound bites.

As to this judge, he either did not do his homework in this case, or, is part of a wider plan to destroy our Nation.

For more than 40 years the United States has had several intelligence organizations following the cash flows involved in the funding of this war. Some of the intelligence agencies involved were the CIA, NSA, FBI, Department of the Treasury and the Secret Service. The funding of these attacks by countries like Russia, China etc is nothing new and has been well documented over the years. Obama knows this now even if he did not before. He should have not allowed this judge to try these cases. He should not allowed his attorney general to make these moves and this judge should have said NO WAY, this is a military affair, not a civilian affair.

 

[greg334]

Re: 11/30/09 Judge Napolitano on Why Alleged Terrorists Should be Tried in Federal Co

But see here is the problem, the US AG under Bush (take your pick) was the one who helped this along with Bush and congress. When we had a republican congress and Bush in office in 2006 when the second case went into the courts system, they could have told the federal courts not to take the case - it is constitutional.

The result set us up for a failure and this is where I blame Bush. Holder and Obama made the decision to close Gitmo based on symbolism that it represented to the world - not the hard facts that these prisoners are better treated and have more freedoms than the citizen going into the airports since the creation of DHS. I can't blame him for this move as much as I blame Bush for his lack of movement.

 

[witness23]

Re: 11/30/09 Judge Napolitano on Why Alleged Terrorists Should be Tried in Federal Co

Yes I did listen, don't know what happened to my fingers.

Okie dokie. I have my doubts but that is fine.

Look....I'm not in support of this but I hear a lot about how Obama is shredding the Constitution but in these talking points on the link I submitted it sounds like they are doing their best to do what the Constitution says. You can't have it both ways.

Recap of talking points:
1. The Constitution applies to "citizens" and "persons" legal and or illegal in custody of the U.S. on U.S. soil or abroad.

2. 9-11: Act of war or criminal act based on the Constitution.

3. Ft. Hood: Act of terrorism? Based on the Constitution.
Definition of terrorism according to Judge Napolitano, on the video if you go to 4:40 you will hear his definition in which he says was enacted by Bush and congress. I have not been able to find that definition so I'm not sure if it he is correct or not.

 

[layoutshooter]

Re: 11/30/09 Judge Napolitano on Why Alleged Terrorists Should be Tried in Federal Co

I take no blame away from Bush. He was not the sharpest tack in the box either. However, Obama is now the person in charge. It is now his responsibility to handle this in a proper manner. He should be doing what is right by the American people. It is not his job to worry what the world thinks, it is his job to insure that this Nation is defended. He is just a kid that is in way over his head.

OVM, I don't give a flip about which one of the several countries that are involved in these attacks that anyone of these enemy combatants represent. The fact is, other countries are involved, they mean to take us out as a nation, and if an individual joins them in their fight, moves the battlefield to a crowded aircraft, he should be shot. He or she made their beds and they can lay in it. I am truly just fed up up with these cowards that run around attacking innocent women and children and those, like Obama, who runs around making excuses for them.

These people that Obama is now insuring American constitutional rights to baby killers. Baby killers and killers of un-armed civilian that use the exact same tactics that Obama claimed that our troops were using in Iraq, when he had the audacity to compare my son, my nephew, and every other U.S. soldier, sailor, marine and airmen when he made that speech on the floor of the Senate.

Obama is a disgusting person.

 

[witness23]

Re: 11/30/09 Judge Napolitano on Why Alleged Terrorists Should be Tried in Federal Co

The biggest problem with the current administration is that they say terrorism has ended.

Even though you were commenting on something entirely different from what I posted, I was not aware that the administration had said terrorism has ended. When and where was this said?

 

[greg334]

Re: 11/30/09 Judge Napolitano on Why Alleged Terrorists Should be Tried in Federal Co

Look....I'm not in support of this but I hear a lot about how Obama is shredding the Constitution but in these talking points on the link I submitted it sounds like they are doing their best to do what the Constitution says. You can't have it both ways.

What the problem really is, is the undermining of the constitution by blurring the lines between military operations and civilian operations

What happened with Gitmo, the Ft Hood event and other things should be under the military court system and justice should not be easy but swift and harsh.

By taking the prisoners from Gitmo to the US, we now remove any possibility that they can be tried with restrictions to the media, top secert information and other factors by allowing it to happen under the consitution and the civilian courts. This cheapens citizen's rights.

Recap of talking points:
1. The Constitution applies to "citizens" and "persons" legal and or illegal in custody of the U.S. on U.S. soil or abroad.

I still can't find where the constitution applies to people who committed an act of war - invasion is an act of war.

2. 9-11: Act of war or criminal act based on the Constitution.

An act of war because of the situation and the confirmation that it was planned from the outside by foreign nationals.

3. Ft. Hood: Act of terrorism? Based on the Constitution.

The constitution doesn't define terrorism, congress has. Ft Hood is a terrorist act as defined by the international community at large and it is applied here in civilian court as something that is to sway the government which was only done not to upset people and as a political correct measure to shift the acts to the civilian courts.

Definition of terrorism according to Judge Napolitano, on the video if you go to 4:40 you will hear his definition in which he says was enacted by Bush and congress. I have not been able to find that definition so I'm not sure if it he is correct or not.

Again he is a TV judge limited to his time on the bench. He can say what he wants but Ft hood was a terrorist act based on the international definition of what it is.

 

[Tennesseahawk]

Re: 11/30/09 Judge Napolitano on Why Alleged Terrorists Should be Tried in Federal Co

You look at what was said, and when. You need to look at what isn't being said.

 

[Poorboy]

Re: 11/30/09 Judge Napolitano on Why Alleged Terrorists Should be Tried in Federal Co

What Isn't Being Said is The real reason Obumma The "Capon" In Chief wants these Terrorists Tried in a Criminal Court Versus a Military Tribunal is that If they Get the Death Penalty in a Military Tribunal then He Has to Sign the Death Warrant and he Doesn't want to do that! And IF They are Convicted in a Criminal Court and Sentenced to death, Then He Could Have that Sentence Commuted to Life In Prison!! Then Just before We Finally Get rid of his Sorry Butt, Then he Could/Would give them ALL Pardons Just before he leaves Office, Either way He would be Protecting His Muslim Buddies!!

 

[greg334]

Re: 11/30/09 Judge Napolitano on Why Alleged Terrorists Should be Tried in Federal Co

From what I have been told, he doesn't have to sign off on a death sentence for any enemy, he can choose to ignore the clemency requests and allow the execution to proceed. He has to however sign off on an execution of a US military personal, that I think started in the 60's, it wasn't the case in WW2 - Eisenhower signed off on them for the ETO, FDR didn't.