War on Terrorism


Turning off the Federal Government

I haven’t heard anything good about the REAL ID Act, HR 418. Ron Paul, though, hints at a way to turn off the federal government:

Supporters claim it is not a national ID because it is voluntary. However, any state that opts out will automatically make non-persons out of its citizens. The citizens of that state will be unable to have any dealings with the federal government because their ID will not be accepted. They will not be able to fly or to take a train. In essence, in the eyes of the federal government they will cease to exist. It is absurd to call this voluntary.
If the people of enough states just say no then most of us can cease to exist in the eyes of the federal government. What a pleasing thought!
Aside from this remote possibility there are many reasons this legislation should be squashed. Read it, weep, then call your congress critter and tell them to just say no!
Via Declan McCullagh.


Guantonamo Prisoner’s Rights II

Bryan, in a comment to this post notes:

I was in law enforcement and part of our public liability training dealt with section 242 of Title 18 of the US Code which gives non-citizens the same rights as citizens in the area of criminal law.

On his blog, he links to the relevant sections of the US Code including Title 18, Part I, Chapter 113C, � 2340A – Torture which says:

a) Offense.� Whoever outside the United States commits or attempts to commit torture shall be fined under this title or imprisoned not more than 20 years, or both, and if death results to any person from conduct prohibited by this subsection, shall be punished by death or imprisoned for any term of years or for life.
(b) Jurisdiction.� There is jurisdiction over the activity prohibited in subsection (a) if�
(1) the alleged offender is a national of the United States; or
(2) the alleged offender is present in the United States, irrespective of the nationality of the victim or alleged offender.
(c) Conspiracy.� A person who conspires to commit an offense under this section shall be subject to the same penalties (other than the penalty of death) as the penalties prescribed for the offense, the commission of which was the object of the conspiracy.

I suspect the gonzales will not be upholding his obligation as attorney general to uphold the laws of the United States.
Oh, I suppose, though, that like his predecessor he will wastefully allocate plenty of resources to activities occurring between consenting adults.


Guantonamo Prisoner’s Rights

Steven Taylor gets it right with regard to US District Judge Green’s ruling that the Guantonamo Bay prisoners have constitutional protections:

While I am amenable to the argument that non-citizens may not have the same rights under the Constitution as citizens (depending on the exact circumstances), I do adhere to the notion that there are fundamental hunan rights, many of which are, in fact, detailed in the US Constitution. As a result I cannot abide by the concept that we have the right to indefinitely detain human beings who �might� be a threat. Either they are a threat or they are not, and there needs to be a legitimate process by which to determine that fact.
The issue to me is that there has to be some standard applied to these detainees, and since it seems we have been unable to construct a viable one, I am not sure the proper course isn�t the Constitution.

The key is that as human beings we all have certain fundamental rights. That some of them are detailed in the US Constitution does not restrict their application to only US citizens.