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Re: [casi] Rumsfeld news briefing



[Rumsfeld:]
>We have them in Guantanamo, they're being examined and >interrogated by
an interagency process. The president has >several ways he can proceed.
He can put them into an >Article 3, United States Article 3, our
Constitution,
>court; he can establish a military commission and try >them that way; or
he can keep them for the duration of >the war and keep them off the
street so they don't kill >other people.
>
>Now, everything that is being done is being done legally >and properly.

Art 3 Sec 2 says: "The trial of all Crimes, excet in Cases of
Impeachment, shall be by Jury; and such Trial shall be held in the State
where the said Crimes shall have been committed; but when not committed
within any State, the Trial shall be at such place or Places as the
COngress mau by Law have directed."

Trial?? Jury?? If a crime was committed then there is no choice; if no
crime was committed than Article 3 is irrelevant. If the prisoners taken
from Afghanistan are charged with a crime then where is the US court
which would have jurisdiction? I don't see where it says that abiding by
the Constitution is at the option of the president. Article 3 concerns
the judiciary branch, not the executive. Rumsfeld is apparantly aking
this stuff up as goes -- as usual.


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