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Terrorist Petitions for Release Because He Wasn't Read His Rights
    #8534352 -

Tuesday, June 17, 2008

Terrorist Who Killed US Soldier in Grenade Attack Petitions for Release --

Because He Wasn't Read His Rights


Gitmo Lawyers Say Detainee Was Not Read His Rights-- Therefore He Must Be Set Free


Khadr was wounded and captured during this same firefight in 2002.
After his capture a video was found that shows Khadr toying with detonating cord as other men including Abu Laith al-Libi assemble explosives in the same house that had been destroyed in the firefight. He was also seen planting landmines while smiling and joking with the cameraman. It has been suggested that these were the same landmines later recovered by American forces on a road between Gardez and Khowst- Wiki.



Omar Khadr will appear before a military judge on Wednesday.
His defence lawyers want him released from Gitmo because he was not read his rights.


Bill Kuebler, Khadr's military-appointed defence lawyer, will use Wednesday's hearing to argue that
the entire case against the Toronto-born accused terrorist should be thrown out on grounds U.S. authorities have never told him of his rights.



http://gatewaypundit.blogspot.com/2008/06/gitmo-defense-lawyers-say-detainee-was.html


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America's debt problem is a "sign of leadership failure"

We have "reckless fiscal policies"

America has a debt problem and a failure of leadership.

Americans deserve better

Barack Obama

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Re: Terrorist Petitions for Release Because He Wasn't Read His Rights [Re: lonestar2004]
    #8534368 -

Well, obviously this is crap.

Miranda applies to criminal cases, and this isn't one, now is it?

And in any case it would only allow that person to suppress statements, not gain his release.

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Re: Terrorist Petitions for Release Because He Wasn't Read His Rights [Re: johnm214]
    #8534412 -

johnm214 said:
Well, obviously this is crap.







YES



johnm214 said:
Miranda applies to criminal cases, and this isn't one, now is it?

And in any case it would only allow that person to suppress statements, not gain his release.



The Liberal Supreme Court will end up making those decisions....


--------------------
America's debt problem is a "sign of leadership failure"

We have "reckless fiscal policies"

America has a debt problem and a failure of leadership.

Americans deserve better

Barack Obama

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Re: Terrorist Petitions for Release Because He Wasn't Read His Rights [Re: johnm214]
    #8534417 -

thats stupid they never read me my rights and i wasnt realesed
i guess terrorizing isnt so bad afterall


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Re: Terrorist Petitions for Release Because He Wasn't Read His Rights [Re: Coaster]
    #8534452 -

Coaster said:
thats stupid they never read me my rights and i wasnt realesed
i guess terrorizing isnt so bad afterall



That's cuz Miranda has nothing to do w/ probable cause whatsoever or allows anyone to be released.

THe only way you'd be released is if the court or prosecutor decides that with the exclusion of the pre miranda statemetns the evidence doesn't support a probable cause.

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Re: Terrorist Petitions for Release Because He Wasn't Read His Rights [Re: Coaster]
    #8534484 -

Coaster said:
thats stupid they never read me my rights and i wasnt realesed
i guess terrorizing isnt so bad afterall



If they interrogated you outside the presence of your lawyer without giving you the warning, any answers you give probably cannot be introduced in court as evidence against you.


--------------------
America's debt problem is a "sign of leadership failure"

We have "reckless fiscal policies"

America has a debt problem and a failure of leadership.

Americans deserve better

Barack Obama

Extras: Filter Print Post Top
Re: Terrorist Petitions for Release Because He Wasn't Read His Rights [Re: lonestar2004]
    #8534742 -

Since when did illegal combatants get Miranda rights?

I hope this fucker's defense has something a little more substantial than a technicality.  If they have a solid case against him, a lack of being read his rights is not sufficient to get the case thrown out.

Still, he was dumb enough to get violent against the armed forces of a country which is known to torture captives like him.  He expects rights? Ha!


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Edited by Minstrel (06/17/08 06:39 PM)

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Re: Terrorist Petitions for Release Because He Wasn't Read His Rights [Re: lonestar2004]
    #8534819 -

lonestar2004 said:
The Liberal Supreme Court will end up making those decisions....



:thumbdown:boo

If he is guilty he should be executed by the soldiers family.


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Re: Terrorist Petitions for Release Because He Wasn't Read His Rights [Re: lonestar2004]
    #8534979 -

lonestar2004 said:
Coaster said:
thats stupid they never read me my rights and i wasnt realesed
i guess terrorizing isnt so bad afterall



If they interrogated you outside the presence of your lawyer without giving you the warning, any answers you give probably cannot be introduced in court as evidence against you.




But as far as I'm aware if you go up to a cop and unprovoked tell them you've committed a crime, Miranda doesn't mean shit.



On topic....  I..  guess we should go back to summary executions of these illegal combatants?


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revel in its glory and quake in fear at its might
grar.

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Re: Terrorist Petitions for Release Because He Wasn't Read His Rights [Re: Minstrel]
    #8534992 -

Minstrel writes:

Quote:
Since when did illegal combatants get Miranda rights?



Since when did illegal combatants get constitutional rights? Oh... right. Since last Thursday when SCOTUS went insane. I'm sure Miranda rights are just another year away.




Phred


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Re: Terrorist Petitions for Release Because He Wasn't Read His Rights [Re: Phred]
    #8535419 -

you re a spammer

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Re: Terrorist Petitions for Release Because He Wasn't Read His Rights [Re: Chemy]
    #8535649 -

Chemy said:
lonestar2004 said:
The Liberal Supreme Court will end up making those decisions....



:thumbdown:boo

If he is guilty he should be executed by the soldiers family.



I will feel let down yet again by my government if this piece of shit is let out

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Re: Terrorist Petitions for Release Because He Wasn't Read His Rights [Re: KillerPicklez]
    #8535686 -

hey scooter libby was let out and hes just as evil :evil:


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Re: Terrorist Petitions for Release Because He Wasn't Read His Rights [Re: KillerPicklez]
    #8535866 -

KillerPicklez said:
Chemy said:
lonestar2004 said:
The Liberal Supreme Court will end up making those decisions....



:thumbdown:boo

If he is guilty he should be executed by the soldiers family.



I will feel let down yet again by my government if this piece of shit is let out




Why?  What did he do?  How do you know he did?

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Re: Terrorist Petitions for Release Because He Wasn't Read His Rights [Re: johnm214]
    #8536188 -

> Why?  What did he do?  How do you know he did?

This is actually a pretty good read on the events: http://en.wikipedia.org/wiki/Omar_Khadr

There are 145 references sited.  I haven't verified any of the references or claims presented in the story.

Pretty much boils down to soldiers were searching a house for bomb making material.  While there, they received a report that a monitored cell phone was being used nearby.  The went to the nearby house and at some point later, a battle broke out.  Planes bombed the house and killed everybody inside (almost).  While the soldiers were searching the remains of the house, somebody that had survived the bombing threw a grenade and killed a soldier.  The soldiers find Khadr, a Canadian, still alive in the rubble.  They take him prisoner.  Later, he claims that it must have been one of the other people in the house that threw the grenade right before he died...


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Just another spore in the wind.

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Re: Terrorist Petitions for Release Because He Wasn't Read His Rights [Re: Phred]
    #8536204 -

Phred said:
Since when did illegal combatants get constitutional rights?



illegal combatant?

as I recall we declared a war on terror, this would make him an
enemy combatant, thus his capture making him a POW, since he's
canadian and not an american he's a foreign national, captured in
a foreign country, what makes him 'illegal'

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Re: Terrorist Petitions for Release Because He Wasn't Read His Rights [Re: Prisoner#1]
    #8536375 -

> thus his capture making him a POW

Nope.  They failed to respect the laws and customs of war, as defined by the Geneva Convention, therefore, they are not, in the legal sense, prisoners of war.  Although they have no right to POW protections, the US military decided to extend POW protections to them.

> what makes him 'illegal'

Failure to respect the laws and customs of war, as defined by the Geneva Convention.  This makes him an illegal enemy combatant rather than a legal enemy soldier.

I have a friend that used to be a xxxx for the xxxx.  They went on missions to assassinate people in foreign countries.  When they went on missions, they did not take anything with them that would identify them as American.  Even their weapons and clothing were "east block".  If captured, they would have been illegal enemy combatants and would not have been given the protections offered to POWs.  To get Geneva Convention protections, as a combatant, you have to follow the rules.


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Just another spore in the wind.

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Re: Terrorist Petitions for Release Because He Wasn't Read His Rights [Re: Seuss]
    #8537661 -

Quote:
Article 4

A. Prisoners of war, in the sense of the present Convention, are persons belonging to one of the following categories, who have fallen into the power of the enemy:

1. Members of the armed forces of a Party to the conflict as well as members of militias or volunteer corps forming part of such armed forces.

2. Members of other militias and members of other volunteer corps, including those of organized resistance movements, belonging to a Party to the conflict and operating in or outside their own territory, even if this territory is occupied, provided that such militias or volunteer corps, including such organized resistance movements, fulfil the following conditions:

(a) That of being commanded by a person responsible for his subordinates;

(b) That of having a fixed distinctive sign recognizable at a distance;

(c) That of carrying arms openly;

(d) That of conducting their operations in accordance with the laws and customs of war.



looks like an illegal combatant here



looks like another one here



are there more?


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Re: Terrorist Petitions for Release Because He Wasn't Read His Rights [Re: KingOftheThing]
    #8537680 -

KingOftheThing said:
you re a spammer




:irdumbtard:


--------------------
America's debt problem is a "sign of leadership failure"

We have "reckless fiscal policies"

America has a debt problem and a failure of leadership.

Americans deserve better

Barack Obama

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Re: Terrorist Petitions for Release Because He Wasn't Read His Rights [Re: Prisoner#1]
    #8538154 -

> looks like an illegal combatant here

Exactly.  And if they are captured, they are not given POW protections.


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Just another spore in the wind.

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