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White House: Boston bombing suspect will not be treated as enemy combatant


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Associated Press |

BOSTON -- The White House said Monday that the surviving Boston bombing suspect, Dzhokhar Tsarnaev, would not be tried as an enemy combatant but would be prosecuted as a terrorist under civilian law.

White House spokesman Jay Carney's statement appeared to resolve several days of questions about what Tsarnaev's legal status would be. Carney cited a number of successful prosecutions in U.S. courts of terrorism suspects.

 

 

 

 

 

 

 

Once again Obama gives the loophole to the terrorists rather than to the American legal system.

Now he can legally not be questioned without his lawyer being present.  Had Obama done the right thing, federal prosecuters could have grilled him for up to 30 days with no lawyer present.  Imagine the info we could have gotten from this kid if Obama's main goal wasn't to protect him.

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Just like I called it, 2 things first the White house doesn't want us to know the truth just like (Bengazi) IMO there is more people involved then these two wahoos. and 2nd whatch this you young terrorist's piece of $@it Attorney get him off. ( because he was scared of his big brother and didn't know what else to do) UNBELIEVABLE  jmo.

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Just like I called it, 2 things first the White house doesn't want us to know the truth just like (Bengazi) IMO there is more people involved then these two wahoos. and 2nd whatch this you young terrorist's piece of $@it Attorney get him off. ( because he was scared of his big brother and didn't know what else to do) UNBELIEVABLE  jmo.

I agree.  Keep in mind as well that he was never read his mirand a rights.  They said it was not necessary under the conditions.  How much ya wanna bet that will come back to bite us?

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I don't know enough about the justice system to form an opinion.  I thought I heard they could lead him for information as an enemy combatant......but they had to file federal charges against him to ask direct questions.  Not exactly sure what I heard, but it something to that effect.   :shrug: 

 

GO RV, then BV

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So let me get this straight - you don't want them to read him his rights as an American Citizen - which he is.  I would ask you to revist the 5th amendment...

 

From what I understand, they can only invoke the Public Safety Exception can only be invoked when police officers have an objectively reasonable need to protect the police or the public from immediate danger. Statements obtained by the government under the public safety exception cannot be coerced or obtained through tactics that violate fundamental notions of due process.  This exception does not permit police officers to compel a statement from a subject. It simply permits them to question a subject before providing any Miranda warnings to resolve an imminent public safety concern.

 

 

Once the questions turn from those designed to resolve the concern for safety to questions designed solely to elicit incriminating statements, the questioning falls outside the scope of the exception and within the traditional rules of Miranda.

 

Not saying I condone what he is accused of - far from it, but the legal system HAS to be used and maintained, or we are no better than some third world theocracies or dictatorships. We're the good guys - remember?

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The other option is defining him as an "enemy combatant".  Unfortunately they really can't do that either without more proof.  In 2008  Federal Judge Richard Leon, appointed by President Bush, provided the widely accepted definition of "enemy combatant":

 

An "enemy combatant" is an individual who was part of or supporting Taliban or al Qaeda forces, or associated forces that are engaged in hostilities against the United States or its coalition partners. This includes any person who has committed a belligerent act or has directly supported hostilities in aid of enemy armed forces.

 

So far no real tie in has been established.  In some ways, I hope they can find one.

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We are the good guy's, All I'm saying is there is more to this story then 2 brothers and we are dealing with a different kinda crazy!

I certainly can't ague that point - I agree - this is a different kind of crazy.

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Associated Press |

BOSTON -- The White House said Monday that the surviving Boston bombing suspect, Dzhokhar Tsarnaev, would not be tried as an enemy combatant but would be prosecuted as a terrorist under civilian law.

White House spokesman Jay Carney's statement appeared to resolve several days of questions about what Tsarnaev's legal status would be. Carney cited a number of successful prosecutions in U.S. courts of terrorism suspects.

 

 

 

 

 

 

 

Once again Obama gives the loophole to the terrorists rather than to the American legal system.

Now he can legally not be questioned without his lawyer being present.  Had Obama done the right thing, federal prosecuters could have grilled him for up to 30 days with no lawyer present.  Imagine the info we could have gotten from this kid if Obama's main goal wasn't to protect him.

Good post and I 100% agree. Obama is absolutely incompetent..

We are the good guy's, All I'm saying is there is more to this story then 2 brothers and we are dealing with a different kinda crazy!

Yes we are! And all these imbeciles in Washington talk about is gun control & amnesty! Clueless idiots are going to get us all killed..

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Exactly tank. we are all given rights as american. whether its criminal rights all the way to the 2nd ammendment right.

you either stand up for all rights......or just let all the rights disappear. its ironic to see some...allin favor of some rights. then stand on the other side of other rights.

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So let me get this straight - you don't want them to read him his rights as an American Citizen - which he is.  I would ask you to revist the 5th amendment...

 

From what I understand, they can only invoke the Public Safety Exception can only be invoked when police officers have an objectively reasonable need to protect the police or the public from immediate danger. Statements obtained by the government under the public safety exception cannot be coerced or obtained through tactics that violate fundamental notions of due process.  This exception does not permit police officers to compel a statement from a subject. It simply permits them to question a subject before providing any Miranda warnings to resolve an imminent public safety concern.

 

 

Once the questions turn from those designed to resolve the concern for safety to questions designed solely to elicit incriminating statements, the questioning falls outside the scope of the exception and within the traditional rules of Miranda.

 

Not saying I condone what he is accused of - far from it, but the legal system HAS to be used and maintained, or we are no better than some third world theocracies or dictatorships. We're the good guys - remember?

Nope.  Never said I did not want them to.

 

As for the charge of enemy combatant.  He absolutely could have been charged as one.  It was on the table and the White House declined to pursue it.

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What would you prefer.........Take him out and shoot him in the back of the head?     That wouldn't be a bad idea really but I think our style of government will be just fine. It's the law of the land and since he is a citizen.............I'll watch it on Nancy Grace. She'll have him convicted so fast as she always does. Don't worry he ain't going anywhere......Besides if he ends up in a supermax it would be as cruel as killing him.....in fact more so as death would be a relief and I'am not that nice. I want him to pay dearly....and he should pay, and pay, and pay some more............However. I am open to other ideas. Never let it be said that I am closed minded.

 

However they do it. This guy has to pay. No matter the cost.

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Nope.  Never said I did not want them to.

 

As for the charge of enemy combatant.  He absolutely could have been charged as one.  It was on the table and the White House declined to pursue it.

So do they have an actual link toTaliban or al Qaeda or affiliated groups?  My understand is they did not at this time.  If they do develop that, then they can come back and declare him as an enemy combatant.

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So let me get this straight - you don't want them to read him his rights as an American Citizen - which he is.  I would ask you to revist the 5th amendment...

 

From what I understand, they can only invoke the Public Safety Exception can only be invoked when police officers have an objectively reasonable need to protect the police or the public from immediate danger. Statements obtained by the government under the public safety exception cannot be coerced or obtained through tactics that violate fundamental notions of due process.  This exception does not permit police officers to compel a statement from a subject. It simply permits them to question a subject before providing any Miranda warnings to resolve an imminent public safety concern.

 

 

Once the questions turn from those designed to resolve the concern for safety to questions designed solely to elicit incriminating statements, the questioning falls outside the scope of the exception and within the traditional rules of Miranda.

 

Not saying I condone what he is accused of - far from it, but the legal system HAS to be used and maintained, or we are no better than some third world theocracies or dictatorships. We're the good guys - remember?

 

 

 

Precisely...; that is why the marxists in the WH, through the Juctice Dept. did NOT want to lable him "an enemy combatant." Being an enemy combatant the US government would have sent the dweeb to Guantanamo Bay, for approximately 30 days, for "interrogation". Imagine what kind of information they(military) could have gathered. Instead and once again, the obama Justice Dept wanted to Lawyer up the terriorist to mitigate HIDDEN facts about their failures in this case. As I stated on another post the FBI will be the new "fall guy" for obama and Napolitano!  

Edited by parmenio
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What would you prefer.........Take him out and shoot him in the back of the head?     That wouldn't be a bad idea really but I think our style of government will be just fine. It's the law of the land and since he is a citizen.............I'll watch it on Nancy Grace. She'll have him convicted so fast as she always does. Don't worry he ain't going anywhere......Besides if he ends up in a supermax it would be as cruel as killing him.....in fact more so as death would be a relief and I'am not that nice. I want him to pay dearly....and he should pay, and pay, and pay some more............However. I am open to other ideas. Never let it be said that I am closed minded.

 

However they do it. This guy has to pay. No matter the cost.

It's not that he won't be punished.  He will be spending the rest of his life in a cold dark hole.  The point of the article is that Obama made the choice, and it WAS a choice, not to charge him as an enemy combatant. As such, he will have a lawyer present for every question he is asked going forward.  Had been charged as an enemy combatant.  The FBI, federal prosecuters and the like could have questioned him for up to 30 days. I'm sure the questioning would have been under some very uncomfortable conditions which would have caused this animal to tell us everything he knows. That info could very likely have saved lives down the road.  Now that info will, most likely, never be gained.

So do they have an actual link toTaliban or al Qaeda or affiliated groups?  My understand is they did not at this time.  If they do develop that, then they can come back and declare him as an enemy combatant.

All I know is that Rep. Peter King from NY held a news conference today and he said that the charge of enemy combatant was an option and the White House chose not to use it. 

 

So let me get this straight - you don't want them to read him his rights as an American Citizen - which he is.  I would ask you to revist the 5th amendment...

 

From what I understand, they can only invoke the Public Safety Exception can only be invoked when police officers have an objectively reasonable need to protect the police or the public from immediate danger. Statements obtained by the government under the public safety exception cannot be coerced or obtained through tactics that violate fundamental notions of due process.  This exception does not permit police officers to compel a statement from a subject. It simply permits them to question a subject before providing any Miranda warnings to resolve an imminent public safety concern.

 

 

Once the questions turn from those designed to resolve the concern for safety to questions designed solely to elicit incriminating statements, the questioning falls outside the scope of the exception and within the traditional rules of Miranda.

 

Not saying I condone what he is accused of - far from it, but the legal system HAS to be used and maintained, or we are no better than some third world theocracies or dictatorships. We're the good guys - remember?

 

 

 

Precisely...; that is why the marxists in the WH, through the Juctice Dept. did NOT want to lable him "an enemy combatant." Being an enemy combatant the US government would have sent the dweeb to Guantanamo Bay, for approximately 30 days, for "interrogation". Imagine what kind of information they(military) could have gathered. Instead and once again, the obama Justice Dept wanted to Lawyer up the terriorist to mitigate HIDDEN facts about their failures in this case. As I stated on another post the FBI will be the new "fall guy" for obama and Napolitano!  

 

Holy crap. Parmenio I completely agree with you!  It's as if the planets are all aligned and all is right with the world.  I gotta go play lotto.

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One other problem...beyond the absence of known links between Mr. Tsarnaev and Al Qaeda, it is also unclear whether the Constitution permits the government to hold citizens arrested on domestic soil as enemy combatants. I know Sen. Graham believes that it would be lawful, but I believe it would need to be tested in the Supreme Court. When the Bush administration ran into this issue, they transferred the case back into the civilian system before it came before the Supreme Court.

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Holy crap. Parmenio I completely agree with you!  It's as if the planets are all aligned and all is right with the world.  I gotta go play lotto.

 

Just like a solar eclipse....only lasts a few minutes.  This too shall pass.   :eyebrows:  Sorry......couldn't stop my fingers.   :shrug: 

 

GO RV, then BV

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It's not that he won't be punished.  He will be spending the rest of his life in a cold dark hole.  The point of the article is that Obama made the choice, and it WAS a choice, not to charge him as an enemy combatant. As such, he will have a lawyer present for every question he is asked going forward.  Had been charged as an enemy combatant.  The FBI, federal prosecuters and the like could have questioned him for up to 30 days. I'm sure the questioning would have been under some very uncomfortable conditions which would have caused this animal to tell us everything he knows. That info could very likely have saved lives down the road.  Now that info will, most likely, never be gained.

All I know is that Rep. Peter King from NY held a news conference today and he said that the charge of enemy combatant was an option and the White House chose not to use it. 

Holy crap. Parmenio I completely agree with you!  It's as if the planets are all aligned and all is right with the world.  I gotta go play lotto.

:bravo:

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Holy crap. Parmenio I completely agree with you!  It's as if the planets are all aligned and all is right with the world.  I gotta go play lotto.

Perhaps, the "Lyrid" meteor shower is affecting the cosmos. Earth plows through Comet Thatcher's dusty tail each year in April. The peak was this morning. LOL

Seems to me, they need to add "Muslim Extremist" to Al Quaeda and Taliban links to cover all these idiots.

Thanks for the post LIBoy!

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Can someone explain this to me:

WHAT IS THE DIFFERENCE BETWEEN THESE CLOWNS AND THE AURORA & NEWTOWN CITY events? (of course, besides the weapons used)??????

So, why would this event be regarded as a "terrorist act" whilst the others (and, in fact, ANY other event in which a number of people are killed) not be?

What are the religions of those other 2 loons in CO and CT?

From the info I have read, ALL 3 events involved American citizens, did they not? SO, what does the military (courts) have to do with the last event? It is a crime and we have plenty of law enforcement/judicial folks in place to handle crimes (ie MURDER), but maybe I am missing something. dunno, just asking........

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If the CIC ws to allow him to be tried as a combatant and he revived the death penalty the CIC would have to sign the order. He is not going to do that as it would upset his friends in the ME.

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