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In reply to the discussion: Why do we have a Judicial branch of government, anyway? [View all]msanthrope
(37,549 posts)33. Why would he be indicted? And, if you read the decision, the government acknowledged that a
surrender would trigger due process rights as outlined by Hamdi and its progeny. Again--if you read pages 16, 17, and 18, you will see that the DOJ agreed with the court that a custodial enemy combatant has significant rights that a non-custodial combatant does not.
Judge Bates also detailed how Awlaki had the ability to post hundreds of YouTube videos (Anthony Weiner was instrumental in getting them taken down, fyi) but chose not to seek representation in any of those videos. A video calling on the ACLU or the CCR, or a phone call would have secured him representation.
As Judge Bates makes clear, due process rights are reserved for those who participate in the process.
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me too! even in spite of the fact that two of the questions were so badly worded....
lastlib
Feb 2013
#34
Six deciders??? Too many chefs spoil the pot, too much hassle plus that awful transparency
TheKentuckian
Feb 2013
#11
Ah, you answered your own question. Judges don't "figure out if someone's guilty." nt
Honeycombe8
Feb 2013
#19
so torture camp creators and WMD conspirators can NOT BE CHARGED with anything
just1voice
Feb 2013
#21
Only if the defendant wishes, generally. Mr. Awlaki could have had one, had he
msanthrope
Feb 2013
#24
If I had chosen to live in a country, like Mr. Awlaki, I would not balk at its
msanthrope
Feb 2013
#26
Didn't he rule that Awlaki's dad had no standing to stop his son's secret execution order? nt
MannyGoldstein
Feb 2013
#29
Why would he be indicted? And, if you read the decision, the government acknowledged that a
msanthrope
Feb 2013
#33
Interesting points, but I can't imagine that it's OK to sentence people to death
MannyGoldstein
Feb 2013
#35