Category Archive 'Ex Parte Quirin'

10 Jan 2010

And Then the Singing Stopped…

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The Roosevelt Administration did not send Nazi saboteurs landed in Long Island during WWII over to Foley Square for civilian prosecution. It gave them a secret military trial and then executed 8 out of 10. The other two got lesser sentences (which were ultimately commuted after the war) in exchange for cooperation.

The Telegraph reports that once Farouk Abdulmutallab was lawyered up, we lost a potentially extremely useful intelligence source.

President Barack Obama is under fire over claims that the Christmas Day underwear bomber was “singing like a canary” until he was treated as an ordinary criminal and advised of his right to silence.

The chance to secure crucial information about al-Qaeda operations in Yemen was lost because the Obama administration decided to charge and prosecute Umar Farouk Abdulmutallab as an ordinary criminal, critics say. He is said to have reduced his co-operation with FBI interrogators on the advice of his government-appointed defence counsel.

The potential significance became chillingly clear this weekend when it was reported that shortly after his detention, he boasted that 20 more young Muslim men were being prepared for similar murderous missions in the Yemen.

And that’s why putting National Defense in the hands of ultra-liberal idealogues like Barack Obama and Eric Holder holds the potential for disaster.

The Supreme Court held in Ex Parte Quirin:

…the law of war draws a distinction between the armed forces and the peaceful populations of belligerent nations and also between those who are lawful and unlawful combatants. Lawful combatants are subject to capture and detention as prisoners of war by opposing military forces. Unlawful combatants are likewise subject to capture and detention, but in addition they are subject to trial and punishment by military tribunals for acts which render their belligerency unlawful. The spy who secretly and without uniform passes the military lines of a belligerent in time of war, seeking to gather military information and communicate it to the enemy, or an enemy combatant who without uniform comes secretly through the lines for the purpose of waging war by destruction of life or property, are familiar examples of belligerents who are generally deemed not to be entitled to the status of prisoners of war, but to be offenders against the law of war subject to trial and punishment by military tribunals.

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