Gonzales Wants Arbitrary Power To Block Gun Purchases; Saf Says He Should Resign

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Just be aware that half the posters are not aware of the definition of "War crimes" nor Article 2, Section 2, para 3 of the Constitution.

I don't see anyone complaining about recess appointments; the problem is the sneaky provision in the Patriot act that allowed Bush to appoint DA's without Senate confirmation. That has now been repealed.

There are 2 good arguments: (1) that the firings violate the Hatch act due to their political nature, and (2) the "lost" emails constitute a second violation of the Hatch act.

As for "war crimes..." looking here, war crimes include "torture or inhumane treatment," "depriving a prisoner of war of a fair trial," "unlawful deportation, confinement or transfer" -- we know the US government is doing all of these, under the authority of the executive. So I don't think it requires any stretch of the imagination to say that Bush is guilty of war crimes. And in case you're one of the people who will argue that the Geneva conventions do not apply, consider this: section 3 of the 3rd Geneva convention applies to anyone who is incapable of resistance, including "unlawful" combatants; and it prohibits torture or inhumane treatment. And if you further argue that it doesn't matter, I'll claim this: the US should regardless act as a civilized country, and our Constitution recognizes the rights of people regardless of citizenship.

Aside from that, war is always a crime. The Iraq war is a particularly blatant one, which lacked justification. I think a good argument can be made that the Iraq war itself is a crime committed by the US, and chiefly perpetrated by the president.

Gonzales is among those in the executive branch who argue against the rights of the prisoners from Iraq and Afghanistan. IIRC, he also supports punishments which can be regarded as inhumane.

Dravur said:
Every firing of an attorney is for political reasons. Clinton fired them all to get the one guy from Little Rock who was investigating him and his buddies.

I read that Clinton fired every attorney at the beginning of his (first) term, except the one who was investigating him. Do you have information to the contrary?

Edited to add a link to an interesting NYT op-ed
 
New presidents, who differ in party affiliation form the preceding president, routinely fire the whole slate of federal prosecutors. That is a function of these positions being political appointments. But that is not what happened here.

Instead, eight prosecutors were fired in midterm by a sitting president--which is unprecedented. Unprecedented does not equal illegal or even wrong, however. The issue is what was the motive? In a least a couple of cases it seems to be the case that they were fired at the urging of their local Republican politicos for failing to bring (what these Republican prosecutors believed to be) bogus corruption cases against Democrats prior to elections. So, for actually upholding their oath of office, as opposed to being a dirty tricks tool, they got canned.

Saying the President has the authority to discharge them is to parrot a Karl Rove talking point. So what--Nixon had the authority to order Archibald Cox fired as well; look what that got him. The fact that one has the power to do something does not automatically justify the use of that power. And if the end use of that power is improper (say to obstruct justice), then presumably all true patriots (which excludes party line apologists of either stripe) should be outraged.

And that is the end of today's civics lesson.
 
As for "war crimes..." looking here, war crimes include "torture or inhumane treatment," "depriving a prisoner of war of a fair trial," "unlawful deportation, confinement or transfer" -- we know the US government is doing all of these, under the authority of the executive.

Cite, please, quoting evidence acceptable in court.

So I don't think it requires any stretch of the imagination to say that Bush is guilty of war crimes.

And without a trial. Just like the Patriot Act.

And in case you're one of the people who will argue that the Geneva conventions do not apply, consider this: section 3 of the 3rd Geneva convention applies to anyone who is incapable of resistance, including "unlawful" combatants; and it prohibits torture or inhumane treatment.

I have a copy in front of me. There is no "Section 3." Part III deals ONLY with POWs. Please provide a cite for that which you believe you are referring. Please see above regarding documenting torture in a way admissible in court. We're not convicting people in absentia on hearsay about laws we think might exist. This isn't the Patriot Act;)

Part III, Art 17: No physical or mental torture, nor any other form of coercion, may be inflicted on prisoners of war to secure from them information of any kind whatever.

And the cases where detainees were mishandled and abused, we're conducting courts martial. How about that? America is ssoooooo evul.

And if you further argue that it doesn't matter, I'll claim this: the US should regardless act as a civilized country, and our Constitution recognizes the rights of people regardless of citizenship.

Rights only apply on US soil. Detained combatants fall under Geneva. Detained terrorists fall under nothing, and never have. There is plenty of precedent in WWII on this.

Aside from that, war is always a crime. The Iraq war is a particularly blatant one, which lacked justification. I think a good argument can be made that the Iraq war itself is a crime committed by the US, and chiefly perpetrated by the president.

Pardon me, but that is the most utterly stupid comment on this thread. War is DEFINED in international law, and therefore by definition is not a crime. I understand you object to it. Guess what? You're not world dictator. You don't get to set the rules.

So far, I see you arrogating to yourself all the authority you claim Bush is misusing. Kettle, meet Pot.

BTW: after 22 years in the military and regular briefings, I have a pretty good handle on what Hague and Geneva say. But if you want to argue the point, fellow author LTC Tom Kratman, USA (ret) used to teach this subject at the War College. I'll be happy to arrange an introduction.

PS: what does this have to do with Justice Dept attorneys?
 
PS: what does this have to do with Justice Dept attorneys?

Thanks for at least trying to bring this back on track.

If it can be proven that officials at the Justice Dept. officials lied about firing the USA's and then added documents after the fact to make it look like poor job performance, they may be guilty of violating 18 USC 371. This has been used before to prosecute this type of behavior.
 
Cite, please, quoting evidence acceptable in court.

I'll let you Google it yourself, but the practice of "extraordinary rendition" is pretty well documented... enough so for an Italian court to charge several CIA agents for the illegal kidnapping of an Egyptian from Italian soil; I also recall a Canadian who was kidnapped by agents of the US government, interrogated, tortured, eventually released, and exonerated (by the Canadian government).

And that's just the beginning.

As for "torture or inhumane treatment," the debate over waterboarding happened for good reason... as did McCain's failed attempt to restore some honor to the situation. I also recall Cheney's favorable public comment about a "dunk in the water."

And without a trial. Just like the Patriot Act.

Oh, I'm all for impeachment and a trial... but it will never happen. Regardless, Bush has publically admitted to felonious acts. The warrantless wiretapping program is blatantly illegal, and Bush has said that he personally authorized it.

I have a copy in front of me. There is no "Section 3." Part III deals ONLY with POWs. Please provide a cite for that which you believe you are referring. Please see above regarding documenting torture in a way admissible in court. We're not convicting people in absentia on hearsay about laws we think might exist. This isn't the Patriot Act

Look at Article 3; it applies to non-POWs as well.

http://en.wikipedia.org/wiki/Third_Geneva_Convention

Though on further inspection, this appears to apply to domestic conflicts. Regardless, my point does not rely on the Geneva conventions specifically; US law forbids such acts entirely. (Or at least, it used to.)

And the cases where detainees were mishandled and abused, we're conducting courts martial. How about that? America is ssoooooo evul.

No, we aren't, except to find a few scapegoats in a couple specific cases that got a lot of publicity. Do that Google search...

Rights only apply on US soil.

Bu||%^$@^!.
Heck, one of the mods here has that article on his website.

Detained combatants fall under Geneva. Detained terrorists fall under nothing, and never have. There is plenty of precedent in WWII on this.

The Geneva conventions do have something to say on the matter of such detained persons; that they should have a fair hearing to determine their status. Furthermore, many of the detainees are known not to have been combatants. (Bin Laden's taxi driver?)

Furthermore, from Article 44 of Protocol I:

3. In order to promote the protection of the civilian population from the effects of hostilities, combatants are obliged to distinguish themselves from the civilian population while they are engaged in an attack or in a military operation preparatory to an attack. Recognizing, however, that there are situations in armed conflicts where, owing to the nature of the hostilities an armed combatant cannot so distinguish himself, he shall retain his status as a combatant, provided that, in such situations, he carries his arms openly:

( a ) During each military engagement, and

( b ) During such time as he is visible to the adversary while he is engaged in a military deployment preceding the launching of an attack in which he is to participate.

Acts which comply with the requirements of this paragraph shall not be considered as perfidious within the meaning of Article 37, paragraph 1 ( c ).

4. A combatant who falls into the power of an adverse Party while failing to meet the requirements set forth in the second sentence of paragraph 3 shall forfeit his right to be a prisoner of war, but he shall, nevertheless, be given protections equivalent in all respects to those accorded to prisoners of war by the Third Convention and by this Protocol. This protection includes protections equivalent to those accorded to prisoners of war by the Third Convention in the case where such a person is tried and punished for any offences he has committed.

We signed, but did not ratify it; though the rest of the world considers it legally binding everywhere. Check Wikipedia.

nobody_special said:
Aside from that, war is always a crime. The Iraq war is a particularly blatant one, which lacked justification. I think a good argument can be made that the Iraq war itself is a crime committed by the US, and chiefly perpetrated by the president.

Pardon me, but that is the most utterly stupid comment on this thread.

:scrutiny: :barf: :neener:

How is the death of hundreds of thousands of Iraqis not a crime, when to this day the President has not been able to express any justification for the invasion? You're arguing like a lawyer, while ignoring the larger moral issue.

War is DEFINED in international law,

It is also defined in US law. Here's a hint for you: legally, we are not presently at war. No war has been declared, the war powers act has not been invoked. As far as I can tell, the invasion of Iraq was simply a (failed) large scale smash-and-grab operation; either that or simple revenge for the assassination attempt on Bush Sr.

and therefore by definition is not a crime. I understand you object to it. Guess what? You're not world dictator. You don't get to set the rules.

No, that would be Bush. :rolleyes: Seriously, are you for real? The war is and was illegal. The justifications presented to obtain the necessary support of Congress were lies, as is now well documented. Oh, yeah... and lying to Congress is also illegal. :scrutiny:

So far, I see you arrogating to yourself all the authority you claim Bush is misusing. Kettle, meet Pot.

I haven't claimed any authority whatsoever. I'm simply stating the obvious.

PS: what does this have to do with Justice Dept attorneys?

It shows a pattern of criminal behavior which our Attorney General supports. Bush and Gonzales go way back, they're good friends; it's cronyism at it's finest. And when the AG does wrong, who is there to prosecute him? Congress. I'll be amazed if they do anything other than posture and fume, though. :scrutiny:
 
Hey, ns: you're off topic, arguing incoherently, and repeating the mass media's BS verbatim. I'm in the military. Guess my response?

You offer such a profound and insightful discourse... how could I fail to be swayed by your arguments? :rolleyes:

Off-topic? How so? This forum addresses civil rights issues, and this thread is all about how Gonzales (and, in a larger sense, the administration which hired and still supports him) is intent on denying us our civil rights -- in particular, denial of 2nd Amendment rights without due process.

This should not come as a surprise to anybody who has been paying attention to what the executive branch has done during the past 6 years. This isn't the first time Gonzales has advocated the denial of basic rights without due process. The administration is after power and control, and will not be bothered by legality... which is not of benefit to civil rights (or human rights, for that matter).

So go ahead, add me to your ignore list; bury your head in the sand.
 
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Can someone explain to me the thought process of some americans?

  1. Illegal warrantless wiretapping (supposedly only against suspected terrorists): Against terrorists? Fine by me.

  2. Indefinite detention of Jose Padilla, US citizen arrested on US soil and suspected terrorist: He's a terrorist? Fine by me.

  3. Public admission by the President of secret prisons overseas for suspected terrorists (extraordinary rendition and torture claims): They only do it on suspected terrorists right? Fine by me. Not like there is any torture. We store them there because there's just no space here, not because we want to circumvent any torture laws.

  4. Torture claims in Guantanamo on suspected terrorists: Nobody in Guantanamo is innocent. Fine by me if true, but most likely just lies by those liberals.

  5. Illegal use of National Security Letters to obtain information: They only used them on suspected terrorists. Fine by me. A DoJ investigation found the FBI abused it? I say let the FBI do their jobs. Somes laws have to be broken to arrest the big bad terrorist.

  6. US Patriot Act weakening protections of civil liberties: No worries only happens to suspected terrorists. Fine by me.

  7. Military Commissions Act ('legalize detention of Jose Padilla' law) weakening protections of civil liberties: No worries again, only used on suspected terrorists and evil, evil Guantanamo prisoners. Fine by me.

  8. Gonzales wants the discretion to block gun sales, licenses or permits to suspected terrorists: *** BBQ!!!!! Damn him to hell, he should get canned. He is evil and satan. But we still love Bush, because he's just the President. He isn't in control, any rights violations are due to his subordinates. The buck stops before him. He didn't know anything. Gonzales just doesn't listen, what do you expect from Bush?

I'm against all 8 points. I'm just can't sort out how some people can support the first 7 but vehemently oppose the 8th.

Note: The word 'illegal' was used above when courts have deemed them illegal and no higher court has ruled otherwise.
 
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Foob: Extremism isn't strictly localized to the middle east. They have their radicals, and we have ours.

Those in the U.S. are free radicals, and are thus reactive and prone to oxidization. :p
 
Um, the big problem, Foob, and madmike is that no one can define terrorist for me. Atleast no one can legally define terrorist as the Patriot Act would refer to people.

You see, I cannot understand why so many Conservatives are still willing to support these clowns. You gotta understand what this ruling means people. It is an open and blatant admission that this administration cares nothing for civil rights.

Get it? Good!

Under the Patriot Act, (and the even more horrific Military Commissions Act), anyone in the world can be declared a terrorist, and sent away without trial, without due process, etc.

Foob, you might be saying "terrorist" good. Send him away.

Well, how do you know who is a terrorist without a trial? A method of proving a person is a terrorist? We've been putting falafel slingers in Dearborn away for calling a cousin in Egypt, Syria, etc.

After 9/11, I expected us to regularly put Muslims in prison out of fear without decent evidence, but no. That wasn't good enough for the Neo-cons who've destroyed my party. Instead, they had to gut the BOR even more, and just put people in prison.

As has been said before, what happens when the next Janet Reno decides you are a terrorist, foob? What happens when they deny your gun purchase madmike? You think it can't happen if they get the power?

Well, it can. Imagine an Obama or Hitlery with these powers.

Look, these fascist clowns (like Gonzalez, et al) need to be the recipients of a fair and impartial trial followed by a first class hanging. Bush has already violated Treaties signed in good faith by the US which we have not signed off of. He has also violated the 4th and 5th Amendments pretty much by his own admission. There are a bunch of dead people in Iraq right now because he lied.

I'm a Republican, and I'm not afraid to admit to Bush's evils this time around. Just wait for the Democrats to get in, then the party really begins.

There are already Quislings amongst the fold right now, like Gonzalez. Little [not said bc of High Road standards] like that who prove with this what they really are, need to be thrown in the fire.
 
Hehe you misunderstood my previous post. The italics comments aren't my views, it's sarcasm. It's my view of how some people view the incidents.
 
Hey, guys, I'm looking for this thread that was about AG Gonzalez getting the power to block gun sales arbitrarily. Maybe you've seen it? I know it was right around here somewhere.

Anyway, I just thought I'd contribute the AP headline I opened my paper up to this morning:
Associated Press said:
NRA OPPOSES BILL BANNING SALE OF GUNS TO TERRORIST SUSPECTS

Gotta love the AP.
 
Folks, the core issue that is being argued about and what is being proposed in the law is the SUSPENSION OF DUE PROCESS....

People get their names on the No Fly List with NO DUE PROCESS.

People would have their names added to the Terrorist Watch List with NO DUE PROCESS.

It would appear that there is no defined criteria as someone else posted for the Definition of Terrorist so assuming that it is somewhat arbitrary this whole law doesn't pass the sniff test.

On a side note this is exactly what has happened down at Guantanamo. This is AMERICA folks. What has defined this country for over 2 centuries is Freedom and a just legal system.

Those prisoners need to be declared POW's or tried according to the law.....DUE PROCESS.

What we see going on with this bill and AG Gonzales is nothing more than an extension of that legal travesty.
 
Oh, Gitmo? That poor British programmer who in Nov 01 decided to take a "Sabbatical" to Ashcanistan, was rounded up with a bunch of hardware and no explanation and snagged? Who claims the chains were so heavy that they damaged his spine, but amazingly has no scars on wrists or neck? Who was released back to British custody?

The Army is about to send a raft of photographers to Gitmo (as it should have done at the beginning) to document what's going on. I'm sure someone will accuse all those photographers of being part of Bush's Conspiracy. (Hey, I got my $25 to keep my mouth shut about the Pentagon on Sep 11. Everyone who's ever worked with explosives did, just in case we wanted to blab about the REAL attack, not that stupid lie about an airliner that never existed:rolleyes: )

Warrantless investigation of suspected enemies was approved by SCOTUS in 1803. Stop reading the liberal media and believing their crap.

Now, the DOMESTIC wiretap list and the no-fly list of our beloved AG? Damn right I'm bothered by those. The worthless, "It's a hassle so it must be working" airline security? That, too. The "No CCW in case you're a terrorist"? Damn straight. The attacks on free speech, even if it is of perverts I personally don't care for? Hell, yes.

But let's stick on topic here: Gonzales is an idiot, and if you look at Bush's past, his biggest failing is he's not only loyal to his underlings, he's loyal until they cut a rope, test its strength, tie a noose, insert their heads and smile. The list of people he should have eased out to pasture years ago starts with Rumsfeld and stretches two or three pages.

Napoleon said, "Never blame on enemy action what can be more easily explained by stupidity."

Or else I'll call Karl Rove to come over to your house and talk to you.;)
 
Warrantless investigation of suspected enemies was approved by SCOTUS in 1803. Stop reading the liberal media and believing their crap.

Didn't think investigations ever required warrants...
 
Sorrry about that foob, I should have read you're last little blurb. Didn't because it was late for me.

As to why I put what I put, well, I've seen people try to justify the Patriot and Military Commissions Act with exactly that argument.

As to this whole thing, why are so many people quick to forgive Bush, madmike? So many people act like this is just bad people. Gonzalez, and the other fascists here with Bush are too many in number for me to simply chalk it up to bad folks in their midst. I have to believe Bush has the same leanings. Including as regards gun control.
 
Bush DID say he'd sign the AWB if it came to his desk.

And he generally speaks his mind.

Hence my hope for Ron Paul to at least make a good SHOWING in the primaries--10-20%. Enough for the Rs to realize that spending money like Teddy on a bender and pushing religious values as civil law, and intrusions are not winning planks.
 
Why, thank you for the compliment, Wooderson.

I actually helped construct a facility in Iraq for that purpose. On the outside it looks like a well-maintained barracks with interrogation rooms, chow hall, exercise areas and security, but underneath we have these dungeons with real chains on the walls to create the right mindset. I'm proud of that work.

I can't WAIT to get deployed again. I've been missing out on the anal rape and torture. Those 3rd Army @!#$ers are having all the fun.

After all, I was promised rape and torture by my recruiter, AND in training, AND in leadership school. It's the reason I've stuck around for 25 years. I'm eager to kick in the teeth of some guy tied down, desecrate his religious books, bring in dogs and rub liver all over him. It's the Army way.
 
Bush DID say he'd sign the AWB if it came to his desk.

And he generally speaks his mind.

BUT, I recall him later stating almost the opposite saying the AWB 'had no real effect on crime'. He was definitely right about that.

An AWB is unlikely to pass, not when the D's try and add new 'definitions' of what a 'Assault Weapon' is.

This bill though, I do worry more about - I feel sorry for any Muslim THR'ers, who knows if they will be added for having a similar name to a Muslim extremist and be put on a list they cant get removed from.
 
True. He may have just been playing to the crowd, knowing it would never reach his desk. OTOH, he's generally spoken his mind and not minced words.

And I have a Hindu friend from India who gets searched regularly while flying, and he HATES Muslims.
 
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