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from SALON -- Facts and myths about Obama's preventive detention proposal


From: David Farber <dave () farber net>
Date: Sun, 24 May 2009 09:31:24 -0400



Begin forwarded message:

From: "lynn" <lynn () ecgincc com>
Date: May 23, 2009 12:33:37 PM EDT
To: dave () farber net
Subject: Facts and myths about Obama's preventive detention proposal

This is an outrage. Obama is supposed to know con law? Has he even read
the constitution?

Prosecutions and arrests are for those that have broken the law, nothing
else. How much of the constitution does this violate?

Obama had the nerve to make the speech announcing/proposing this outrage
at the National Archives, in front of the Constution.


http://www.salon.com/opinion/greenwald/2009/05/22/preventive_detention/index.html

Facts and myths about Obama's preventive detention proposal

1) What does "preventive detention" allow?

It's important to be clear about what "preventive detention" authorizes.
It does not merely allow the U.S. Government to imprison people alleged to
have committed Terrorist acts yet who are unable to be convicted in a
civilian court proceeding. That class is merely a subset, perhaps a small
subset, of who the Government can detain.  Far more significant,
"preventive detention" allows indefinite imprisonment not based on proven
crimes or past violations of law, but of those deemed generally
"dangerous" by the Government for various reasons (such as, as Obama put
it yesterday, they "expressed their allegiance to Osama bin Laden" or
"otherwise made it clear that they want to kill Americans"). That's what "preventive" means: imprisoning people because the Government claims they
are likely to engage in violent acts in the future because they are
alleged to be "combatants."

snip





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