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FNC's Napolitano discusses the legal ramifications of trying detainees in the U.S.

May 21, 2009 2:34 pm ET

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    • Author by nerzog (May 21, 2009 2:43 pm ET)
      2  
      I'm shocked! Shocked!

      Somebody on FOX "News" actually making sense. I'm shocked!
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    • Author by jon wisby (May 21, 2009 3:06 pm ET)
      1  
      Andrew Napolitano said what I've always thought to be true "all men (persons) are created equal" and deserve equal standing under our law.
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      • Author by Bronwyn (May 22, 2009 11:19 am ET)
           
        He's brilliant and original that is why he is at Fox. They never would of hired him otherwise duh
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    • Author by Dem02020 (May 21, 2009 3:17 pm ET)
         

      I'm not bothering to listen to the loud mouth in the video clip, but just on the few printed words that accompany this item, I can say generally that people should not be brought before a Judge in the U.S. Courts, and before a Jury of U.S. Citizens (obviously in a Court in the United States of America), for something anything whatever, that did not occur in the United States...

      Now that may not hold for all instances, and so I will reduce it only to this particular matter, of the detainees held in CUBA of all freaking places!

      Whatever that motley crew of idiots down there in CUBA are supposed to have done, unless it was done in the United States, they should not be brought before a U.S. Judge whose Court has a Jurisdiction in the United States, or before a Jury of Citizens who also are of course in the United States... people should be tried and judged in the place where they did the thing they supposedly did, and before a Jury of peers who because of where they live, would consider the thing supposedly done to be done against them, or against their neighbors or fellow countrymen...

      Again, this motley crew of toothless brainless idiots down in CUBA, if they did something in Afghanistan for example, then Afghanistan is where they should go to be tried, and they should never have been taken from that Jurisdiction to CUBA of all places what the freak sense did that make?

      It makes about as much sense to think you, an American Citizen, should be called to Jury Duty in your County, and seated on a Jury and together with a Judge of that District, try someone for something they did in Afghanistan... that makes about as much sense as to conduct a trial in Afghanistan, by an Afghani Judge and with an Afghan Jury, for something supposedly done in the United States.
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      • Author by nerzog (May 21, 2009 3:27 pm ET)
        2  
        You may have a point, but I encourage you to listen to the clip. I was surprised, because I assumed he was another FOX Republican toadie.

        One point he emphasizes is that the Bush Administration screwed up by putting the prisoners in Guantanamo in the first place. They apparently did it expressly for the purpose of avoiding Constitutional restrictions.

        Of course, that doesn't solve the problem going forward, but it is progress for someone on FOX to admit that the Bushies created the mess we're now trying to clean up.
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        • Author by Dem02020 (May 21, 2009 3:54 pm ET)
          1  

          Cool and thanks Nerzog, I'd rather have read it from your words, than listened to it from a Fox video clip... and sure, we should not neglect to discuss the stupidity of taking those people from the country in which they did whatever it was they supposedly did, and removing them to CUBA of all places... that's the beginning of this mess, and while we move forward, we can and should keep reminding ourselves whose freaking disaster of a mess this was in the first place, surprise and thank you very much George W. Bush and Dick Cheney and the many criminal hacks who made up their administration!

          As far as I'm concerned, I can see no reason why these people at CUBA can't be taken back to the place they were snatched from originally, and be dealt with there... I guess we required nobody's permission to take them from that place, and so why would we be required to get someone's permission to take them back... and if the local authorities in the place where these 'detainees' did whatever they supposedly did, if those authorities don't want them, then fine, release the bastids anyway, if the Jurisdiction of their offenses doesn't want to hold them accountable, then fine, release them... and if they were supposed to have done something against U.S. Troops, then still they should never have been removed from that Jurisdiction in the first place, to CUBA of all freaking places!

          Thanks a lot George W. Bush, is there anything you didn't screw up and leave behind you for others to deal with?
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        • Author by Easy to refute wingnuts (May 21, 2009 4:04 pm ET)
             
          They apparently did it expressly for the purpose of avoiding Constitutional restrictions.
          I always thought Guantanamo was US territory, and as such, all persons within its boundaries were covered by the US Constitution, just as they would be abroad inside a US Embassy compound. And the Constitution grants rights to "persons," not "citizens," so they definitely would fall under Constitutional protections.
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          • Author by nerzog (May 21, 2009 4:47 pm ET)
               
            You may be right, but according to Napolitano, Bush's Justice Department gave him bad advice and told him the Constitution did not apply in Cuba.

            Sounds like grounds for another investigation... not that it'll ever happen.
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      • Author by jon wisby (May 21, 2009 3:54 pm ET)
        2 3
        To late, we brought them here. While under our control they have the same rights that all men are granted under our constitution.
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    • Author by peace4all (May 21, 2009 3:25 pm ET)
      2 3
      my god, putting these people on trial is such a no brainer. the brain dead folks on the right are so blind that they can't even see that the rights that the constitution garantees are for any person who is in the U.S. it has nothing to do with weather or not your a citizen. when you travel abroad you are subject to whatever country you travel to and their laws and constitution. same when you come here. you are entitled the same legal system as any american. thats what makes this a great country. the propsistion that ALL men are created equal. unless america has become the animal farm where all animals are equal but some are more equal than others. Just put these guys on trial and either convict them or let them go. and if it is proven that they did nothing wrong make sure that thier transistion back to their home country is as smooth as we can make it so that they don't end up back on the battlefield. because if you held me as a secret prisoner for 5 years and then let me loose after i had lost everything i can promise you i would end up back on the battlefield too.
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