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2007-05-16 Home Front: WoT

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Posted by Steve White 2007-05-16 00:00|| || Front Page|| [5 views ] Top

#1 Either findings of fact or findings of law can be reviewed. The government's position is that appellate review should be limited to findings of law. The Stalinists are arguing for de novo review, which includes both. The appropriate standard is usually specified either by statute or by controlling case law. I'm pretty damn sure that the Geneva Conventions, military commission procedural rules, and precedent say nothing about de novo review, because if they did, the government wouldn't be arguing about it.

Posted by exJAG 2007-05-16 03:45|| 2007-05-16 03:45|| Front Page Top

#2 No its about the new ~~judiciary~~ aristocracy extending its powers to rule the people without consent. Like the enlighten despot, they know what's good for the ~~serfs~~ public better than the public knows itself. We already know the outcome, this is just the ritual needed to justify the consolidation of more power, to overthrow the outrageous actions of the ~~peasants~~ people. Consent, who needs any stinkin consent? LÉtat, cest moi

Posted by Procopius2k 2007-05-16 09:14|| 2007-05-16 09:14|| Front Page Top

#3 The latest chapter in the cases of the detainees at Guantanamo Bay is about military tribunals that designated them enemy combatants, leaving them without any of the rights accorded prisoners of war.

Which, according to the Geneva Conventions that specifies the proper treatment of prisoners of war, they're not entitled to.

Funny how that never gets mentioned.

Posted by Rob Crawford">Rob Crawford 2007-05-16 12:07|| http://www.kloognome.com/]">[http://www.kloognome.com/] 2007-05-16 12:07|| Front Page Top

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