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Re: Hunters Point vs LIRR Round 1

Posted by trainsarefun on Tue May 26 13:24:09 2009, in response to Re: Hunters Point vs LIRR Round 1, posted by GP38/R42 Chris on Tue May 26 13:00:33 2009.

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I have my own problems with a lot of the Bush administration approach and some of the Obama administration approach, but I will table that for OTchat. I think that the devil in these plans is always in the details. Especially who will determine by what standards whether evidence supports some finding or not. My thinking on this subject has been that the Uniform Code of Military Justice (UCMJ) should be applied, which obviates any complaints that our justice is being made up as it goes along and/or is unfair.

As for preventive detention, I am not sure whether the constitution allows it, especially as most read it. But I believe that almost everyone, perhaps everyone, who would be held under preventive detention schemes under discussion could be held under an UCMJ procedure, so that it moots the novel question while achieving the same practical result.

But my comment to Nilet was that surely the current and former Presidents do not and did not claim authority to detain any innocent person. The debate was always about how best to determine who is innocent, who isn't, and what should be done with those who are and aren't.

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