[...] Andy McCarthy – Congress Must Act To Fix Boumediene [...]

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Ya know, Curt, I dunno about Andy’s reasoning INRE

Thus, Congress could quickly enact a statute requiring the district courts in combatant habeas cases to afford the commander-in-chief a presumption mandating detention. That is, if the government established a rational basis for believing the detainee was an enemy combatant, he would be ordered detained unless the detainee proved beyond a reasonable doubt that he was not an enemy combatant.

This is exactly what the combo of DTA/MCA did.. established status via the CSRT, thereby allowing detention. But the SCOTUS already has ruled that process is not the equivalent of habeus corpus, and thereby un Constitutional. It comes down to the same thing… the govt can call them unlawful combatants all day long, but the courts are giving them the right to challenge that in the federal courts.

This is the equivalent of saying an Executive Order can mandate “held without bail” to someone with habeus corpus rights. I doubt that would fly.

Which leaves us to wonder… what can Congress construct that accomplishes the detention, status determination and review but what they’ve already done?

And if their attorneys are pushing for full constitutional rights, it will still come down to an “innocent until proven guilty” scene, and what… bail?? Can the US govt provide enough evidence without disclosing classified information that proves the detainee should be detained without bail?

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[...] Flopping Aces – Andy McCarthy – Congress Must Act To Fix Boumediene [...]

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WWRD? What would Reagan do? The congress doesn’t have the leaders to stand up and fight the courts. Far too many of them are in agreement with this crazy decision. We need to pray for the wisdom of the US voters come November or we are in deep trouble as a nation!

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New ROE, no uniform, no prisoner. Geneva convention rules.

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I wonder what would happen if we loaded these Muslanimals onto a transport plane and flew them back to where they were captured.

Our military could then implement the Geneva Convention provisions and resolve the issue, which is what we should have done to begin with.

I doubt the Leftists would agree with that particular application of the GC.

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