Two Tier Justice System Emerges?

[Blain]

Back on topic, he should not lose any due process or other constitutional rights normally afforded to a citizen. Like it or not, he is a legal citizen.

If you want to change how this is handled in the future, pass laws that will allow you to do so.

Laws and rights are so annoying... They paint a government into a corner.

 

[Texashiker]

The question is not what has changed but should it have changed and should it be allowed to be continued.

As long as the people continue to vote the two major parties into power, nothing will change.

 

[NoStateofMind]

As long as the people continue to vote nothing will change.

FTFY

 

[her209]

Laws and rights are so annoying... They paint a government into a corner.

But when something bad happens, its the government's fault, right? Why didn't they do this or that?

 

[Pulsar]

The Republicans are taking a stance ahead of any decision by Dear Leader and his ragtag group of Marxists, malcontents and cross-dressers. It's to be applauded. Take a firm stance now and the compromise might actually result in a conviction 10 years from now. Capitulate right out of the gate and we'd end up with him deported back to his home country with a monthly check from our government for life for his troubles.

Anyway,

The answer to this issue is clear. He is an American citizen who perpetrated a crime on American soil. He should be tried in an American court.

Doing anything other than that is a slippery slope just like the gun debate. Once done it can't be undone, and we'll see the government start doing it whenever they feel they can justify it (or scare us enough to get it done).

 

[TeeJay1952]

If a citizen the charge is Treason. He worked as spy for foreign interests. Hang him.
I am torn. I would like to see him suffer as long as possible in our prison system, OTOH, The 3 (or more)dead will never take another meal and so he shouldn't.

 

[IronWing]

If a citizen the charge is Treason. He worked as spy for foreign interests. Hang him.
I am torn. I would like to see him suffer as long as possible in our prison system, OTOH, The 3 (or more)dead will never take another meal and so he shouldn't.

The charge of treason requires a motive of treason. We don't know his motive. At this point he might be a Lakers fan for all we know.

 

[Fern]

I really don't understand the "pre-miranda" stuff. Why not just take the 30 seconds and read him his miranda rights so that all info can be used against him in court?

During the Miranda rights he will essentially be offered an attorney. Once that happens, it's the end of any questioning. His attorney won't allow it.

I'm pretty sure the govt is interested in finding out more info to determine if any danger remains. They don't need any statements from him for evidence, they've already got enough other evidence.

Fern

 

[Don Vito Corleone]

The Republicans are taking a stance ahead of any decision by Dear Leader and his ragtag group of Marxists, malcontents and cross-dressers. It's to be applauded. Take a firm stance now and the compromise might actually result in a conviction 10 years from now. Capitulate right out of the gate and we'd end up with him deported back to his home country with a monthly check from our government for life for his troubles.

Dear lord are you an irredeemable troll. Why even bother to post here if you insist on trolling on such a consistent basis? It makes it impossible to take you seriously.

 

[Blain]

But when something bad happens, its the government's fault, right? Why didn't they do this or that?

I wouldn't say that at all.

 

[Fern]

-snip-
There are calls to declare the Bostom bombing suspect an enemy combatant, and lose some Constitutional protections. The rational being that he may have ties to foreign Muslim militants.

I guarantee if the bombers were White or Black Christians, or Japanese psychos, there would be no calls to declare them enemy combatants. Does the discrepancy mean that US Muslims are in effect second class citizens?

"White or Black Christians, or Japanese psychos" wouldn't be part of AQ etc. Therefore they could not be classified as enemy combatants. The "enemy combatants" derives from the AUMF passed right after 9/11.

From what I've heard the rationale for sending him to GITMO is the one the Obama admin (DoJ) used to justify the drone killing of the 'US citizen'. Technically, due to his treasonous activity he was stripped of his citizenship prior to being assassinated. I.e., he wasn't a citizen then.

I would think it too early to tell whether he's involved with AQ, thus whether it would even be possible to strip to his citizenship.

If he's found to be involved with AQ I don't care if they strip his citizenship. He swore this when he became a citizen a few months ago:

I hereby declare, on oath, that I absolutely and entirely renounce and abjure all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty of whom or which I have heretofore been a subject or citizen; that I will support and defend the Constitution and laws of the United States of America against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I will bear arms on behalf of the United States when required by the law; that I will perform noncombatant service in the Armed Forces of the United States when required by the law; that I will perform work of national importance under civilian direction when required by the law; and that I take this obligation freely without any mental reservation or purpose of evasion; so help me God.[1]

It looks like he never had any intention of honoring this, so I see no reason to honor it either. He can revert to being a citizen of whichever 'stan it was that he has been long a citizen of.

Fern

 

[NoStateofMind]

If he's found to be involved with AQ I don't care if they strip his citizenship.

Fern

Yeah and who decides this?

 

[Fern]

Yeah and who decides this?

After researching a bit, the short practical answer appears to be a federal judge in most cases.

http://www.bataraimmigrationlaw.com/denaturalization-revocation-citizenship.html

Fern

 

[boomerang]

Dear lord are you an irredeemable troll. Why even bother to post here if you insist on trolling on such a consistent basis? It makes it impossible to take you seriously.

Believe me when I tell you that the last thing that concerns me is whether you take me seriously.

I am continuously amazed at progressives like yourself. You take everything literally and have absolutely no sense of what may be sarcasm. I just can't imagine going through life like you do continually outraged at people who don't think like yourself. It sounds like a very miserable existence.

Your home life must have been truly horrible. If I was a progressive like yourself, I might even cry big crocodile tears over what you went through. But I actually don't give two shits.

 

[shira]

I really don't understand the "pre-miranda" stuff. Why not just take the 30 seconds and read him his miranda rights so that all info can be used against him in court?

Because Mirandizing him will almost certainly cause him (with his lawyer present) to refuse to answer questions.

The purpose of the non-Miranda interrogation period would not be to collect information with which to prosecute him. The purpose would be to collect information that would be useful in combating other terrorists that might be associated with Tsarnaev. Even independent of useful intelligence, most of us would like to know WHY the Tsarnaevs did what they did.

There's already an abundance of evidence against Tsarnaev, and he'll certainly be convicted of multiple counts of murder, attempted murder, terrorism, conspiracy to commit terrorist acts, and many other serious charges that will get him the death penalty or life without parole. So questioning Tsarnaev to further the criminal case against him is superfluous.