Constant's pations

If it's more than 30 minutes old, it's not news. It's a blog.

Sunday, October 29, 2006

Applying Military Commissions Standard To DoJ Staff Counsel

The implications of the illegal military commissions bill are stunning. Some have decried the bill of what may or may not happen to US military personnel. This misses a core problem: The backlash is not isolated to combat operations, but any forum where civilian policy makers, analysts, and legal counsel provide any direct or indirect support for war crimes planning and implementation.

Foreign fighters may lawfully impose the same, illegal abuses on any American worldwide without the prospect of a lawful conviction.

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Applying the Military Commissions Bill to Presidential Abuse of Power

The Military Commissions Bill illegally permits the President to define someone as being an unlawful combatant without judicial review. This violates the separation of powers and is illegal, and could be the basis for a subsequent war crime. All US government employees, agents, and contractors who work to implement this illegal policy could be prosecuted for war crimes before an international tribunal.

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The Constitution does not permit reciprocal violations. If the President violates the law, other political actors are not permitted to engage in reciprocation. This means that if the President illegally assumes judicial power, other actors may not lawfully assume Executive power.

The President appears to know the laws of war and treason do not apply to domestic insurrections; however, it is illegal for the President to use illegal force to prevent a humanitarian intervention, or prevent American citizens from lawfully protecting themselves from illegal abuse of power and unlawful use of military force.

The Military Commissions Act has been argued to be only applicable to foreign fighters. This is incorrect. Padilla has already been treated an unlawful combatant, yet is an American citizen. The DoJ argument that the Military Commissions Act is only applicable to non-US citizens belies the abuse inflicted upon American citizens.

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Whether the US Congress does or does not overturn the illegal military commissions bill, foreign fighters have been given a green light to expand their combat operations against American civilians, US government officials, and any person they arbitrarily suspect being complicit with war crimes planning, policy making, or support.

1. Lower standard

The Standards in the illegal military commissions bill create a new standard foreign fighters and tribunals may lawfully impose on American government officials, agents, and civilians if they are lawfully seized.

2. Lower reciprocal standard

Geneva recognizes the principle of reciprocity. Where the United States promulgates rules permitting illegal abuse, any nation may lawfully reciprocate against American personnel anywhere around the globe.

3. Non judicial punishment against US personnel and civilians

The unlawful, illegal Military Commissions bill, until struck down, can be lawfully imposed as a standard to lawfully indict and prosecute members of the American government, DOJ Staff counsel, DoD military personnel, and CIA agents stationed anywhere worldwide, even in the Continental United States. All government officials, agents, and DOJ Staff counsel, under the rule of reciprocity of Geneva, and in accordance with this illegal Military Commission bill, may lawfully be subject to the same abuses illegally permitted under this unconstitutional bill.

4. Combat justice without prospect of civil review

Where the Military Commissions bill promulgates a new, illegal standard for treatment of prisoners, foreign fighters may lawfully subject any seized civilian, non-combatant, or other US national to the same standard.

5. Non-judicial reciprocation for accused war crimes

US combat war crimes and JTTF abuses in the illegal rendition activities are subject to lawful, reciprocal treatment. Where the US military commissions bill illegally permits abuse, foreign fighters may lawfully reciprocate against JTTF officers, US law enforcement, and other personnel stationed anywhere around the globe, including the Untied States.

6. Foreign Fighters Lawfully Targeting DoJ Staff Counsel, and other alleged supporters of war crimes policy

Foreign fighters may, as does the Military Commissions Bill, define anyone they capture as being an unlawful combatant; or engaged in material support for war crimes.

7. No requirement to prove war crimes of DoJ Staff Counsel

The standard of evidence is not one foreign fighters need to prove to any court, but they may simply make an accusation, and can lawfully implement the judgment against the accused war criminals.

8. Lawful Targeting of US Government Policy Makers and Legal Counsel

Where the Military Commissions Bill permits illegal violations of Geneva, foreign fighters may lawfully impose the same punishment on US government officials, DOJ Staff, and American agents.

9. Lawful Imposition of Abuse Against Any American Without Prospect of Sanctions

Where the Military Commissions Bill illegally permits abuse, foreign fighters may lawfully impose the same abuse on American government officials, military personnel, DoJ Staff, and others legal counsel instrumental in putting this illegal bill into effect.


The Military Commissions Bill has backfired. Foreign fighters welcome the Military Commissions Bill. It emboldens them. They realize that America will not submit to the Supreme Law.

The Military Commissions Bill has legitimized combat against American interests worldwide. Foreign fighters have no regard whether the law is or is not upheld: The American government refuses to assent to the judicial branch; there is no reason any foreign fighter believes they should care whether Americans do or do not complain of war crimes, abuses, or other grave breaches of Geneva.

The only forum the Americans recognize is the battlefield. Foreign fighters see the US government cannot effectively wage combat and prevail on the battlefield. Where Americans have defied the rule of law, they have failed to prevail on the only alternative forum: The battlefield. The Military Commissions Bill is a green light for foreign fighters to lawfully wage war against American policy makers, DoJ Staff counsel, and any defense planner remotely related to any DoD or DoJ activity.

Any effort to prosecute them for applying the same standards promulgated in the illegal Military Commissions Bill will embolden them and their military allies to lawfully support and prosecute combat operations against Americans worldwide.

By passing the Military Commissions Bill, foreign fighters have a renewed sense of purpose, focus, and determination to wage a wider war against Americans. America has lost foreign prestige; the Military Commissions Bill incites foreign fighters to impose greater abuse, and put already desperate American negotiators in a substantially weaker position. Foreign fighters no longer believe they have a reason to negotiate, but a lawful purpose to expand war, no matter how much Americans may wish for peace.