“Solicitor general nominee says ‘enemy combatants’ can be held without trial”


Heh.

Via (hee) Dissenting Justice (hee-hee), via (hee-hee-hee) Instapundit:

Solicitor general nominee says ‘enemy combatants’ can be held without trial

Reporting from Washington — Harvard Law Dean Elena Kagan, President Obama’s choice to represent his administration before the Supreme Court, told a key Republican senator Tuesday that she believed the government could hold suspected terrorists without trial as war prisoners.

She echoed comments by Atty. Gen. Eric H. Holder Jr. during his confirmation hearing last month. Both agreed that the United States was at war with Al Qaeda and suggested the law of war allows the government to capture and hold alleged terrorists without charges.

This (Hee-hee-hee-HA!) is, of (HAH-HAHH!) course, not no (HWAAHHAAAH!) …ticiably
different from (MABBRRHH-HAA-HHHAHHH!) Bush’s posi (MBWAHHH-HAAA!!!!)…tion on the (HA-AAA-HAAAA-HAAAAWAHAA-HAAAAAA1!!!!!) subject, (HAHH-SMHGDG-SNORT) which should. make. for. some. in.ter.es.ting. co.mmen.tar.y. from. the. Left…

:silence:
:breaks:

MWHAAA-HAHH-AHHA-HAAAA-HAAAAA!!!!!! HA-HA–HAAAA-HAAA, HAHHH-AAHHAAAA, MWHOOO-AHHH-AHHH-BEWAAHH-HAH-AAAHAAA!!!!!!!!!!!!

:helpless waving on from on the floor:

Crossposted at Moe Lane.


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Who left all these broken campaign promises on the floor? nt

phxg (Diary) Wednesday, February 11th at 2:20PM EST (link)

It is the mark of an educated mind to be able to entertain a thought without accepting it. –Aristotle

 

Sorry (haha) for (oohoohoo) the (HAHAHA) repost

6eorge Jetson (Diary) Wednesday, February 11th at 2:25PM EST (link)

Crickets

charlesmartel Wednesday, February 11th at 2:42PM EST (link)

That’s the only sound you’ll hear coming from the left. They couldn’t care less about terrorists being tortured at Gitmo, about POWs being held without trial, about Abu Ghraib, about the Patriot Act, about phone taps, about Iraqis or Palestinians or about anything else like this. These were purely means of attacking Bush and Republicans that the media was happy to go along with.

With Dems in power, you won’t hear a word of complaint about any of this, no matter how many “promises” Obama breaks.

These are the same people who claim to support the troops. Why would we take them seriously about anything else?

 

Why, Moe!

Loren Heal (Diary) Wednesday, February 11th at 2:43PM EST (link)

I believe I detect the faintest odor of a small amount of irony in these circumstances.

Oh yes, I believe this situation contains just the tiniest ironic whiff.


Join the Concord Project, and follow @lheal, if you dare.

 

um....

clammyc Wednesday, February 11th at 2:47PM EST (link)

from “one of those on the left”, there is a difference between a suspected terrorist and someone that was rounded up with no evidence or charges for years.

sheesh…..that was pretty obvious.

Oh, good. That stung.

Moe Lane (Diary) Wednesday, February 11th at 2:54PM EST (link)

Actually I was thinking something similar and I'm no lefty

bk (Diary) Wednesday, February 11th at 3:08PM EST (link)

Thinking back to
a) Helen Thomas’s question the other night and
b) How carefully we have to parse words from the Messiah and his spokesmouths…

Couldn’t it be the case that Kagan says we can keep “terrorists” but Obama views them as “so-called terrorists” or “undocumented possible enemy combatants” or whatever phrase he wants to manufacture and so this doesn’t apply? It sounds like a lot of bluster but doesn’t mean squat.

Is that any different than Obama saying more drilling and more nukes are “on the table” when that means “on the table but under such restrictions that they will absolutely positively never ever happen”?

Yes, but the difference here...

Moe Lane (Diary) Wednesday, February 11th at 3:16PM EST (link)

…is that you have good reasons not to trust the guy’s words, while this unlamented fellow had no good reason to trust the fellow at all.

 
 

Moe- please help the guy out.

penguin2 (Diary) Wednesday, February 11th at 4:21PM EST (link)

Did clammyc mean the terrorists from the battlefield were innocent? Sort of like being in the wrong place, at the wrong time?

Resistance to tyrants is obedience to God. – Benjamin Franklin
When Good stands up to Evil, Evil blinks. – Vassar Bushmills

Conservative Education: Suggested Reading List

Activists Taking Action: Unified Patriots

:puzzled look: Why? N/T

Moe Lane (Diary) Wednesday, February 11th at 4:27PM EST (link)

but officer!

E Pluribus Unum (Diary) Wednesday, February 11th at 4:33PM EST (link)

I didn’t know this was an IED, I swear!

Kill the Terrorists
Protect the Borders
Punch the Hippies h/t IMAO

 
 
 

*Points and laughs*

Neil Stevens (Diary) Wednesday, February 11th at 2:54PM EST (link)

Just think, you royal flaming moron: You sold your soul for The One, and he won’t even do one thing for you.

RS contributing editor, technical administrator, and “a hardy variety of crabgrass.”
Read the RedState Posting Rules

Unlikely Voter: Poll Analysis, Election Projection.

“I rejoice that America has resisted.” – William Pitt, the Elder

nice try, brainiac

clammyc Wednesday, February 11th at 2:58PM EST (link)

I didn’t sell myself out for anyone. In fact, if you were to actually do something intelligent and look at my posting history, there would be much criticism of Obama as well as Democratic Congressional leadership.

But why let facts or critical thinking get in the way of a cheap shot?

Critical thinking

Neil Stevens (Diary) Wednesday, February 11th at 3:00PM EST (link)

I see you learned all the duckspeak.

Now go drink your victory gin and donate to Organize for America. Schmuck.

RS contributing editor, technical administrator, and “a hardy variety of crabgrass.”
Read the RedState Posting Rules

Unlikely Voter: Poll Analysis, Election Projection.

“I rejoice that America has resisted.” – William Pitt, the Elder

 
 
 

um...

charlesmartel Wednesday, February 11th at 2:55PM EST (link)

Of course there’s a difference. But what’s your point?

I going to assume you’re talking about prisoners in Gitmo. They are prisoners of war. Prisoners of war are not entitled to trial or due process. If Obama wants to reclassify them, then he certainly can and suffer the consequences, but they were legally detained and incarcerated, based on the rules of war.

These are not criminals. They are enemy soldiers.

And I still don’t hear any complaining about Obama’s broken promises from the left. Just semantics.

yawn

clammyc Wednesday, February 11th at 3:01PM EST (link)

enemy soldiers? Prisoners of war? Some are. And some aren’t. That is, if there was even a formal declaration of war, which there wasn’t.

Your arguments are as hollow as the cases that haven’t been brought against most of the detainees since there is no case.

But like Neil Stevens above, why let facts get in the way of a thoughtless rant?

Blam.

Neil Stevens (Diary) Wednesday, February 11th at 3:04PM EST (link)

Being an idiot isn’t bannable. Spreading propaganda is.

Go read about the 9/11 AUMF sometime, idiot.

RS contributing editor, technical administrator, and “a hardy variety of crabgrass.”
Read the RedState Posting Rules

Unlikely Voter: Poll Analysis, Election Projection.

“I rejoice that America has resisted.” – William Pitt, the Elder

agent kujan?

charlesmartel Wednesday, February 11th at 3:14PM EST (link)

“Your arguments are as hollow as the cases that haven’t been brought against most of the detainees since there is no case.” – clammyc

“Now you talk to me, or that precious immunity they’ve seen so fit to grant you won’t be worth the paper the contract put out on your life is printed on.” – Chazz Palmintieri

clammy, the relevant fact here is this: Obama has shown zero inclination to repute any of the doctrines that Bush implemented in order to effectively prevent further terrorist attacks in our country, doctrines that the left wouldn’t stop whining about for the past six years or so, and yet the silence from the left has become deafening. I’m not debating whether or not the people held at Gitmo are actually terrorists. Neither your nor I have any way whatsoever of knowing for sure. I’m claiming that the folks on the left couldn’t really care less about them.

I banned him. There's no sense arguing with him.

Neil Stevens (Diary) Wednesday, February 11th at 3:19PM EST (link)

Why argue with some tool of Obama who will just get ignored except when it’s time to raise money?

RS contributing editor, technical administrator, and “a hardy variety of crabgrass.”
Read the RedState Posting Rules

Unlikely Voter: Poll Analysis, Election Projection.

“I rejoice that America has resisted.” – William Pitt, the Elder

5!!!!!! -nt

Rod_Patrick (Diary) Wednesday, February 11th at 3:26PM EST (link)
 
 
 
 

These "detainees" are not even subject to the Geneva Convention

olsmithie (Diary) Wednesday, February 11th at 3:22PM EST (link)

since they were not in unformed regular army of some geographic entity. Why do people think the US Constitution applies to them?

Alas the Pubic School System strikes again….

Regards

 
 

Let the pathetic justification begin...

swglaw Wednesday, February 11th at 2:55PM EST (link)

ah, so now that the “One” is in office, all those folks have gone from being “rounded up with no evidence” to “suspected terrorist”…got it…

The power to tax is the power to destroy.

 
 

as prisoners of war?

rford Wednesday, February 11th at 3:11PM EST (link)

The key language in the quote is “as prisoners of war.” The Bush administration repeatedly asserted that it was entitled to hold captured prisoners without treating them as prisoners of war, that is, without giving them the protections afforded by the Geneva Conventions. That was the shameful part of the Bush view, not that they simply captured people and held them without trial. The Obama administration certainly isn’t repeating that mistake.

Nah, they'll send 'em out to be tortured instead.

Moe Lane (Diary) Wednesday, February 11th at 3:14PM EST (link)

And you voted for that. Be proud. Somewhere else.

Blam.

Another American job lost to outsourcing...nt

olsmithie (Diary) Wednesday, February 11th at 3:23PM EST (link)

55555....;^)....nt

Attack Mode (Diary) Wednesday, February 11th at 3:28PM EST (link)

“Land of the Free and Home of da Whopper” Peter Griffin…Family Guy

conform and celebrate diversity….or else!!!

Steel-Belted Radial Right Winger

“I’ll create 5 million jobs from out of unicorn farts and pixie dust” Justatron paraphrasing Obamessiah…yes I love it that much.

 
 

Moe

DefendUSA (Diary) Wednesday, February 11th at 3:23PM EST (link)

Should we call it, “The Road to Rendtion?”
Yep, let’s make a special sigh…That would really piss them off.

*starred thought*
To be a leader is to do the uncomfortable thing. Man up, Mr. President.

The problem here is that I don't think rendition's funny...

Moe Lane (Diary) Wednesday, February 11th at 3:29PM EST (link)

…or even a good idea. I think that we have a reasonably workable system already – it’s called Gitmo – to handle the unique circumstances of this problem, and it bothers me immensely that my government has decided to wholeheartedly embrace a program that’s going to get innocent people mutilated and killed.

It’s going to be like all the fever dreams of the unhinged Left, in other words – only this time, it’s going to actually happen. And the same people who screamed then are never going to face the fact that they brought this about.

Moe, for those in Rio Linda

olsmithie (Diary) Wednesday, February 11th at 5:14PM EST (link)

would you elaborate on what the libs mean when they say “rendition”?

Regards

Rendition is

Loren Heal (Diary) Wednesday, February 11th at 9:56PM EST (link)

Wikipedia says it well:

In law, rendition is a “surrender” or “handing over” of persons or property, particularly from one jurisdiction to another. For criminal suspects, extradition is the most common type of rendition. …en.wikipedia.org/wiki/Rendition_(law)

In the current context, the Obamites are going to take people from, say, Afghanistan, and render them unto, say, Pakistan, to be sure they are treated better than we would have treated them at Gitmo.

I blame John McCain. And Oprah.


Join the Concord Project, and follow @lheal, if you dare.

 
 

Moe...

DefendUSA (Diary) Wednesday, February 11th at 7:32PM EST (link)

I was just trying to get a rise outta the leftists. Sorry.

*starred thought*
To be a leader is to do the uncomfortable thing. Man up, Mr. President.

 
 

"Road to Rendition"?

olsmithie (Diary) Wednesday, February 11th at 4:54PM EST (link)

Excellent..

speciallist (Diary) Wednesday, February 11th at 5:57PM EST (link)

That is great!

DefendUSA (Diary) Wednesday, February 11th at 7:29PM EST (link)

Love your sign, olsmithie.

*starred thought*
To be a leader is to do the uncomfortable thing. Man up, Mr. President.

 
 
 

Glad to see the euphoria hasn't worn off!

JoeG Thursday, February 12th at 1:36AM EST (link)
 

What "protections provided by the Geneva Convention" were they denied?

charlesmartel Wednesday, February 11th at 3:20PM EST (link)

I’m actually curious as to what rights you think are provided by the Geneva Convention – also, I’m pretty sure that a key facet to the Bush policy was that these prisoners, since they were captured out of uniform and were not part of an organized military, were not subject to any protections provided for under the Geneva Convention anyway. Bush was doing them a favor by granting them POW status. By all rights, they could be considered spies, in which case they would be treated much, much worse than they are at Hotel Gitmo.

Okay, time to dispel some mythconceptions

CarlSchurz (Diary) Wednesday, February 11th at 3:37PM EST (link)

You do not have to be wearing a full blown uniform to have protection. Just something to distinguish you from civilians while engaged in hostilities. Also bear arms openly. And take measures to prevent colateral damage.

Nor, do you have to be part of a nation-state’s military to be protected. It covers irregulars and guerillas which the Taliban and other orgnanizations fall into. Independent Partisan groups are also protected. You do not have to be marching to the tune of the commanding officer of the opposition force to be protected.

German spies in the Battle of the Bulge masceraded as American GIs.

And, under the Geneva Conventions, torture is outlawed.

War is an ugly thing, but not the ugliest of things: the decayed and degraded state of moral and patriotic feeling which thinks that nothing is worth a war, is much worse. A man who has nothing which he is willing to fight for, nothing which he cares more about than he does about his personal safety, is a miserable creature who has no chance of being free, unless made and kept so by the exertions of better men than himself.

Carl -

charlesmartel Wednesday, February 11th at 3:48PM EST (link)

“You do not have to be wearing a full blown uniform to have protection. Just something to distinguish you from civilians while engaged in hostilities. Also bear arms openly. And take measures to prevent colateral damage.”

Yeah, the only thing that would apply there is the “bear arms openly” part. Certainly not that last bit.

“German spies in the Battle of the Bulge masceraded (sic) as American GIs.”

And were caught and executed. If only we were so efficient.

“And, under the Geneva Conventions, torture is outlawed.”

I thought you were trying to “dispel some mythconceptions.” (Sorry, is that some kind of new cyber-lingo, or do you have some sort of typing lisp?)
The prisoners at Gitmo are treated better than a ton of people that live in the U.S. They have free food, free health care, just not freedom to murder. What evidence do you have of torture? And a made-up story about a guard pissing on a Koran doesn’t count.

 
 
 

They are NOT prisoners of war.

Old_Crow (Diary) Wednesday, February 11th at 5:24PM EST (link)

Under the Geneva Conventions, and yes I have a copy (and used to teach the subject.)
GITMO detainees are either:
“Enemy Combatants” if they can prove they are members of an organized military (uniforms, etc) from a recognized nation state.
or
“Illegal Combatants” if they cannot meet the requirements of an Enemy Combatant.

Illegal Combatants can be executed after a brief field military tribunal. The Geneva Conventions as well as international law, deal with terrorism very severly – recognizing the threat it poses to lawful society.

Enemy Combatants can be held, without hearing, until the end of hostilities with the nation they represent.

“Enlightened statesmen will not always be at the helm.” — James Madison

 
 

mythconceptions

olsmithie (Diary) Wednesday, February 11th at 3:46PM EST (link)

“Just something to distinguish you from civilians while engaged in hostilities.”

Typically, they did not stand out from civilians.

” Also bear arms openly. And take measures to prevent co(l)lateral damage.”

They took no steps to minimize civilian casualties, even using them as shields.

So, what is your conclusion of their status?
Didn’t quite discern that from your post.

Regards

This should have attached to CarlShurz's post nt

olsmithie (Diary) Wednesday, February 11th at 3:47PM EST (link)
 

Something seems VERY wrong to me with Ms. Kagan standing up for holding enemy combatants.........

Kenny Solomon (Diary) Wednesday, February 11th at 5:15PM EST (link)

….. and it scares the living hell out of me that I’m even thinking like this.

This woman does not like the military and….. ooooh, I don’t want to get angry, so I’ll just get to my point.

Let’s just say one thing leads to another and “we the people” have taken the last camel that broke the straw back of our individual freedom and rights and Americans from all walks of life who will not allow our America to go under, make the leap into physically taking her back.

At that point, are “we the people” not enemy combatants ? We’re rising up against the duly elected authority (granted they are usurping the laws and all that), we’re not wearing uniforms, not a recognized entity, etc.

I hate myself for thinking like this, but I’m trying to think like them to help prepare for what I see coming faster every day.

 

ROTFLMAO

JLenardDetroit (Diary) Wednesday, February 11th at 5:43PM EST (link)

This is MOE (most of us along with him):

These are those DailyKooks, HuffPukes, CodeCommies, that thought they voted for “Change” and “Hope” =

Interesting how the morons in Hollywood made the “Rendition” film failing to understand it related more to their first “Black President” Clinton than it did to Bush

Sing with me: God Bless America…..

Stand beside her… to overthrow this current batch of Commies….

Regards from NoMoTown (the MOTORlessCITY)
“Liberals, looking to do for? America what they’ve done for? Detroit! which is DESTROY IT!”
“I think, therefore I am Conservative”
“Conservative by choice, Republican by necessity”
“You can lead a Liberal to the Truth/Facts, but you cannot make them THINK!”
“Romney [No, not my first choice] does NOT have a MORMON problem. He has a, far too many Americans; these days; are MORONS problem!”


(RS:Help) (JLD) (Hollyweird) (Brain-deads) (SPIN-cycle) (Obamaocare) (Party of kNOw) (Conservatism) (TEApeats) (respectful) (message) (Warning: Children Will Die!!)
Heil “O” Hell No Obamao is NOT MY PRESIDENT! “No U won’t”
I want “O” to FAIL (here, here, & whole Diary (Ofail) here, is why)
The first Liberal was Satan” – a Rush caller (other Quotes)

 

JLenard,

Wayne (Diary) Wednesday, February 11th at 8:51PM EST (link)

loved the smilies, especially the the one of the folks from kos, Huffpoo and the rest. “L” indeed.

“Hell, these are Marines. Men like them held Guadalcanal, and took Iwo Jima, Baghdad ain’t s–t”. Maj. Gen. John F. Kelly, USMC, Deputy CG, First MEF