See Sam's earlier post for the DOJ link, which clearly states that the idea is controversial, but is legally consistent with the President's Constitutional authority as chief of the Executive branch.
This idea doesn't apply at all to Guantanamo. The legal argument about Guantanamo is what manner of due process the U.S. must afford foreign citizens (the question of U.S. citizens having been answered in the Padilla case) who were captured fighting against U.S. troops but not under the colors of another country's armed forces. (As and aside, we know that some people were wrongly swept up and stuck in Gitmo; wrongful imprisonment is a problem in any system and not unique to Gitmo). There is no clear answer, and the Pentagon and the White House have taken the stance that they are unlawful combatants and not prisoners of war, which gives these people very few legal rights. I'm not sure why they took that stance as a matter of law, because as a practical matter they seem to have treated those people on par with the Geneva Convention. The bigger question now is what we do with the people who remain at Gitmo. We can't let them go. We can't return most of them to their countries of origin because they would be tortured or executed. So what do we do with them? Alaskan labor camp, maybe? I have no idea. On 2/9/07, Dana wrote: > > by the way... I am no longer at work now... did you you have any > actual evidence for this? Legal opinion by someone not employed by the > president would do fine. On Guantanamo especially. > > > > Dana > > > > On 2/9/07, Robert Munn <[EMAIL PROTECTED]> wrote: > > > The President can't nullfiy a law, but he does have the power to not > > > anforce laws he feels are unconstitutional. what you call abuse of > > > that power is perfectly legal. > > > > > > -- > > > --------------- > > > Robert Munn > > > www.funkymojo.com > > > -- --------------- Robert Munn www.funkymojo.com ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~| Upgrade to Adobe ColdFusion MX7 Experience Flex 2 & MX7 integration & create powerful cross-platform RIAs http:http://ad.doubleclick.net/clk;56760587;14748456;a?http://www.adobe.com/products/coldfusion/flex2/?sdid=LVNU Archive: http://www.houseoffusion.com/groups/CF-Community/message.cfm/messageid:227644 Subscription: http://www.houseoffusion.com/groups/CF-Community/subscribe.cfm Unsubscribe: http://www.houseoffusion.com/cf_lists/unsubscribe.cfm?user=11502.10531.5
