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Covert Legal System Sought in US
From: Dave Farber <dave () farber net>
Date: Sun, 01 Dec 2002 04:45:21 -0500
------ Forwarded Message From: Richard Forno <rforno () infowarrior org> Date: Sun, 01 Dec 2002 03:34:21 -0500 To: Dave Farber <dave () farber net> Subject: FW: Covert Legal System Sought in US Dave, a scary article submitted for IP. Hope y'all had a good Turkey Day......cheers, rf In Terror War, 2nd Track for Suspects Those Designated 'Combatants' Lose Legal Protections By Charles Lane Washington Post Staff Writer Sunday, December 1, 2002; Page A01 http://www.washingtonpost.com/wp-dyn/articles/A58308-2002Nov30.html The Bush administration is developing a parallel legal system in which terrorism suspects -- U.S. citizens and noncitizens alike -- may be investigated, jailed, interrogated, tried and punished without legal protections guaranteed by the ordinary system, lawyers inside and outside the government say. The elements of this new system are already familiar from President Bush's orders and his aides' policy statements and legal briefs: indefinite military detention for those designated "enemy combatants," liberal use of "material witness" warrants, counterintelligence-style wiretaps and searches led by law enforcement officials and, for noncitizens, trial by military commissions or deportation after strictly closed hearings. Only now, however, is it becoming clear how these elements could ultimately interact. For example, under authority it already has or is asserting in court cases, the administration, with approval of the special Foreign Intelligence Surveillance Court, could order a clandestine search of a U.S. citizen's home and, based on the information gathered, secretly declare the citizen an enemy combatant, to be held indefinitely at a U.S. military base. Courts would have very limited authority to second-guess the detention, to the extent that they were aware of it. < snip > "I wouldn't call it an alternative system," said an administration official who has helped devise the legal response to the terrorist attacks of Sept. 11, 2001. "But it is different than the criminal procedure system we all know and love. It's a separate track for people we catch in the war." < - snip - > http://www.washingtonpost.com/wp-dyn/articles/A58308-2002Nov30.html ------ End of Forwarded Message ------------------------------------- You are subscribed as interesting-people () lists elistx com To unsubscribe or update your address, click http://v2.listbox.com/member/?listname=ip Archives at: http://www.interesting-people.org/archives/interesting-people/
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- Covert Legal System Sought in US Dave Farber (Dec 01)