Doctor Fate wrote:No, you began by using the definition of "née" that you preferred. You're not parsing them; you're reimagining them.
I know what "née" means. It's French and has a clear definition in that language and into English as a loanword. The use of "X née Y" means that what you call X is what was called Y orginally. Née comes from the same root as nativity, native etc - as in "born".
Basically, you used the wrong word, or used it incorrectly. I apologise for assuming you meant what you wrote.
Rickyp did bring in Reagan and you joined him. Regardless of what Reagan signed, he did so apart from 9/11 and to presume to know what he would/would not authorize in a situation no American President had faced is worse than mere conjecture. (Note well: Pearl Harbor is only analogous regarding numbers of deaths and the surprise of the attack. We knew what nation this was and we declared war immediately.)
Oh, can you just go back and READ who wrote what? Ricky pointed out that Reagan signed up to the Convention treaty, as evidence that he was against the use of it when he was President. You simply replied to snarkily tell us it was an anachronism.
He was responding to me. So, what matters is what I intended, not what he twisted it into. Why not ask what Lincoln, Washington, or Andrew Jackson would do? Who bloody cares and who can know? It's all conjecture and meaningless to the current controversy.
Two reasons. One because it is what he
did do.
Secondly because it helpfully reminds of of the commitments that your country has made not to commit torture or render people to regimes that do. And to prosecute those who do commit torture without fear or favour.
Seriously, you equate psychological discomfort to "torture" and then get upset when I point out that most of the country is in psychological discomfort because of the man in the White House?
No, I equate severe mental mental suffering with torture. As is defined in the UN Convention, quoted above.
Such as things that would cause PTSD.
Not 'discomfort'. That is a word you have introduced yourself - I never used it in this thread until now. Seemingly so that you can create your own ridiculous means of making it all about OBAMA again...
Unless we agree on what "torture" is, we can't have a conversation that means anything. Oh, and btw, given that probably 3/4 of the countries in the world engage in something the UN would consider "torture," I'm not sure it has all that much real world meaning.
I go by the definition as supplied in the UN Convention that was agreed and ratified by your government, mine, and the rest of the world.
But if you have difficulty, that's not really a surprise. It seems Antonin Scalia doesn't even get that torture is UnConstitutional:
http://www.theatlantic.com/politics/arc ... re/383730/Supreme Court Justice Antonin Scalia weighed in on the debate surrounding the Senate torture report on Wednesday. "I don't know what article of the Constitution that would contravene," the AP quoted him telling a Swiss university audience in reference to torture.
It's a surprising statement for a justice to make. After all, the Supreme Court has held torture to be unconstitutional since its ruling in Wilkerson v. Utah in 1878. In that case, the justices wondered what part of the Constitution would forbid such a cruel and unusual punishment:
Difficulty would attend the effort to define with exactness the extent of the constitutional provision which provides that cruel and unusual punishments shall not be inflicted; but it is safe to affirm that punishments of torture, such as those mentioned by the commentator referred to, and all others in the same line of unnecessary cruelty, are forbidden by that amendment to the Constitution.
I believe that is in the Eighth Amendment:
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
Note that the Amendment does not specify "citizens", or even "the People". Just that the Federal government is not to inflict such punishments.
All apologies to our puppets in the UK.
Oh, believe me, I am as angry that my country is complicit in this as I am about anything. But take your condescending tone and shove it.
And sorry, the Constitution does not only cover Americans. Where it does, it mentions "citizens". Where it widens out to non-citizens it mentions people or persons.
Sorry, but no it doesn't.
Sorry, but you really do not understand the Constitution. It does apply to non-citizens.
http://www.slate.com/articles/news_and_ ... ights.htmlThere are a few rights reserved for citizens. Among them are the right to vote, the right to hold most federal jobs, and the right to run for political office
And the Supreme Court concurs.
http://www.law.cornell.edu/supct/html/06-1195.ZO.htmlI suggest you read it. It's long, and goes into the legal history and differences between different types of overseas territory. But it concludes that the Constitution applies in Guantanamo Bay, and to anyone there, even non-citizens.
We hold that Art. I, §9, cl. 2, of the Constitution has full effect at Guantanamo Bay.
The specific decision is that
habeus corpus applies. The way that the clause on habeus corpus is written is very similar to the Eighth Amendment: It simply expresses a limit to the power of government to do something, and does not specify whether that is affecting citizens, residents or any particular category of person.
Ask the President. He denies Constitutional rights to American citizens. Ask Anwar-Al-Awlaki. Oh, you can't? That's right. The President executed him. It's a joke that this man whines about Gitmo while executing Americans without trial or oversight.
And we are back to the whataboutery...
Regardless of whether the Drone programme and the treating of Americans who take up arms against the USA as enemy combatants and legitimate targets is Constitutional or not...
Torture remains Unconstitutional.
Foreign terrorists have the right to having their lives end. That's their right. Only Obama, Holder, and the ACLU want to give them Miranda rights.
whataboutery again. And not in line with the USSC decisions. So wrong.
Yep. It is my opinion that you are not even bothering to substantiate that EIT is not torture, despite earlier telling us it was the same thing under a different name.
I didn't. You referred to EIT as torture. I was correcting the record. If that wasn't clear to you earlier, I pray it is now.
I refer to EIT as including torture because it does. Like "extraordinary rendition" (kidnap and sometimes transfer to vile regimes), "collateral damage" (civilian casualties) etc, "enhanced interrogation techniques" is simply Newspeak. It helps those who carry it out, authorise it or cheerlead for it to avoid having to use the real words, lest it prick their consciences.
I don't have to substantiate it. It's proven. If it was torture, Obama and Holder would be compelled to go after those responsible with criminal charges. They aren't. I rest my case. You, on the other hand, have to prove that your heroes (Obama and Holder) are wrong.
Enough with the ODS, it's getting very repetitive.
Obama is not my hero, and certainly Holder isn't. I believe that the US Adminsitration should be compelled to go after those responsible. Your case seems to be that the government you hate, run by people you despise, which does lots of things you fundamentally disagree with, happens to agree with you on one thing, so it and you must both be correct.
They have countries. And as humans they have the rights of redress.
They are not representatives of their country. They are not members of a recognized Army or armed forces of a recognized country. They are illegal combatants.
They have no right of redress. They ceased having that right when they declared war on the human race. They can recant and face justice or they can continue and take their chances.
Corrections:
1) they don't need to be representatives of any country. They are human beings.
2) not all of them are 'illegal combatants' - and even those that are, have not all be proven to be as Geneva suggests should happen. And until it is determined by due process that they are combatants, they have to be treated as civilians.
3) under the UN Convention, anyone who is tortured has a right of redress. Article 14: "Each State Party shall ensure in its legal system that the victim of an act of torture obtains redress and has an enforceable right to fair and adequate compensation including the means for as full rehabilitation as possible. In the event of the death of the victim as a result of an act of torture, his dependents shall be entitled to compensation. "
4) they are not at war with the "human race". They are at war with various parts of it, for a variety of reasons, but they are not nihilists. They are religious fanatics who want primacy for their beliefs and ultimately the unification of the human race under a particular version of that religion.
5) On the battlefield, they take their chances. When captured, they become the responsibility of the captors.
The Constitution protects residents as well as citizens. If you don't agree to that, don't support importing people into US jurisdiction.
They should be held in Guantanamo, secret prisons, or under water. it's all the same to me. We can't give them a "trial of their peers" unless we put Manson on the jury.
You are leaping from "not torturing people" to something else. Please don't move goalposts.
But you trust the CIA?
Nice try. I said I don't trust Feinstein. She has political motivations. Her staffers have said the report was released because they were losing the majority. This was all politics.
I can understand that reasoning - because the new majority would like to bury the report.
Where do you think the committee gleaned the information from? Written CIA reports.
With access to the same documents, I could edit them and make them say the Queen of England is a terrorist. It's like writing history: the winners write history. In this case, the majority got to interpret history. It doesn't make it true.
Do you have evidence that the committee report is the result of 'editing' reports?
Please present such. Or at least quit making up flights of fancy.
So, all we will do is argue. I don't like your position. You don't like mine. So what?
I'm trying to show you why you are wrong about this. But you are right - you are not able to understand the jurisdiction of the Constitution, or that a suspect is not the same as a criminal, or that the USA has consistently said it would not do such things.
Maybe someone else might pick up on your bluster and see through it though.