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NRA - Monumental Victory
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DVD Profiler Unlimited RegistrantStar ContributorGSyren
Profiling since 2001
Registered: March 14, 2007
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Brian,

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You have some strange notions about the applicability of the criminal justice system to wartime realities. In your view is it ever proper to hold prisoners during a conflict? Are they to be held to the same standards of proof as in normal civiilian justice system? The Geneva Conventions permit the detention of prisoners for the duration of the conflict.

The major point here is that I don't consider that you are actually at war (at least as far as defined by the Geneva Conventions and the like). You may call it a war, but just like "the war on drugs" it's not an actual war. You can't apply wartime laws on the war on drugs, and - IMHO - you can't do it in the war on terrorism.

Quote:
You seem to be suggesting that there is some serious doubt as to the involvement of a significant number of detainees in the Taliban and/or Al Qaeda?

Nope. It don't have to be a significant number. It's the very process of rounding up suspected "illegal combatants" and imprisoning them without any clear rules that I question.

Quote:
I guess I put more trust in the good faith efforts of my fellow citizens to identify and detain the right people than you seem to. My assumption is that the vast majority of these detainees were engaged in armed conflict against my country whether in Afghanistan or as part of the larger struggle.


Then, by the same token, would you trust the good faith of the police to imprison people indefinitely because they (the police) are convinced that those people are guilty? I think not.

Quote:
You seem to have an irrational belief that the US troops who chose to detain these prisoners had some nefarious agenda. Why else would you express such profound doubt about their guilt?


No. I don't think the US troops have any more of a nefarious agenda than the police.

Quote:
There is no reason you can't theoretically have a conflict where 100% of the combatants are lawful (i.e. unformed soldiers) or a theoretical conflict where 100% are unlawful (i.e. terrorists).


I strongly disagree. If you declare war on someone, then it must be your intention to fight that someone. If 100% are unlawful combatants, then you are fighting someone who does not have the right to fight back. That is not war. That may be crime-fighting. And if it is, criminal law applies.

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If the reality is that you sincerely see the US as a malevolent force in the world and that we have committed some horrible and reckless miscarriage of justice (as opposed to good faith mistakes about the facts) than that's unfortunate

No, not a malevolent force. But sometimes I'm reminded of Lily Tomlin's old standup routine - "We don't care. We don't have to. We're the phone company". In the case of the US it's more like "We're the mightiest armed forces in the world. We make our own rules". Sometimes this is good. Sometimes it's not.

In the case of the Gitmo prisoners I'm sure the intentions are good. I just don't feel that the end justifies the means.
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DVD Profiler Desktop and Mobile RegistrantStar ContributorTheMadMartian
Alien with an attitude
Registered: March 13, 2007
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Quoting pauls42:
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I have no idea what you are talking about.


Then I will explain it...

Quote:
You are quoting out of context a reply I made to someone else (not you).


I did not quote it 'out of context' as I included the entire quote.  And what does it matter who you were replying to?  If you wanted it to be a private discussion, you should have made the comment in a PM.

Quote:
Asking where you could buy a gun is part of planning to do the murder.  And people have been arrested in the UK for trying to procure a gun (or a gunman).


No, asking where you can get a gun changes the situation because it shows intent.  It also involves a second person which coould make it a conspiracy.  Something that would get you investigated, if not arrested.  Trying to procure a gunman will get you arrested here as well because, again, that shows intent.

Quote:
I fail to see what 'facts' I have mis represented.


I said, "I would be interested to see how an 'intent' law would work.  Just because I planned a robbery or a murder, doesn't mean I would actually carry out that plan."

To which you responded, "in the UK, people are arrested before they try and commit a murder if the authorities become aware."

That is a misrepresentation of the facts.  How do I know this?  Because you had to clarify your statement to include a criminal act...an attempt to buy a gun illegally.

Quote:
And have you spoken to the person I was replying to, to confirm that he is feeling distraught/wounded/dismayed about my clarification of what I meant.


Why would anbody do this?  First, your clarification was for a post you made to me.  Second, as I said before, this is a public forum.  If you don't want someone, other than the person you are responding to, to answer, don't make it a public post.

In addition, if this is the standard you are going to use, you never should have commented in the first place as the post you responded to was one I made to Northbloke.  Unless, of course, you spoke with him first "to confirm that he is feeling distraught/wounded/dismayed" by my comment. 
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Against this power, governments and tyrants and armies cannot stand.
The Centauri learned this lesson once.
We will teach it to them again.
Though it take a thousand years, we will be free.
- Citizen G'Kar
DVD Profiler Desktop and Mobile RegistrantStar ContributorBerak
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Registered: May 10, 2007
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And we wonder why wars get started....     
Berak

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DVD Profiler Unlimited RegistrantAstrakan
Registered: Feb 12, 2000
Registered: March 28, 2007
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Re: intent laws

Okay, first off, I have no idea if the following is illegal anywhere, but I've gotta say if it isn't it ought to be:

Say I start scoping out a bank. I watch it daily, record everything about the guard rotations, money drop offs, opening/closing hours, cleaning crew schedules, etc. None of this is illegal in and of itself, I don't think.

Then I get a hold of the building blue prints. And the underlying sewer system plans. And the nearby subway system plans. Oh, and the make and model of the safe and the safety deposit boxes, as well as information on how to open them without the proper keys or combinations. Again, I don't think owning this kind of information is illegal. And if some of it is, let's assume I don't happen to get a hold of that particular piece of information.

After that I go out and by myself ski masks, digging equipment, rope, and whatever else anyone could conceivably need for a bank break-in. None of the things I'd buy is illegal to own.

I have all this stuff in my house. The equipment is on the floor, the plans and blueprints are on the wall and on my kitchen table.

Now... for some reason I get into a big fight with my wife, and it escalates to the point where the cops have to show up. They gain fully legal access to my house as they fear that people inside are hurting eachother, and while there they notice all my plans, blueprints, equipment, etc.

Would they not be able to arrest me for intending to commit a crime? And if the answer is yes, well, there's your example of how an intent law would work. If the answer is no, then I can only scratch my head and say there obviously needs to be a new law.

KM
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 Last edited: by Astrakan
DVD Profiler Unlimited RegistrantRico
Strike Three
Registered: April 8, 2007
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Hi Guys,

The 2nd amendment is not in danger of vanishing. If you choose to own a gun, fine by me. Hopefully we, as a society, can advance to where guns are not necessary to resolve disputes.

Brian - Gold star from me, not for any one post, but for being a voice of knowledge & reason in this thread.

Question? Why are women (assumption) less likely (generally) to be gun fanatics? Perhaps we men could learn something, from the fairer sex.

Take Care
Rico
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DVD Profiler Desktop and Mobile Registrantkdh1949
Have Gun Will Travel
Registered: March 13, 2007
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Open question to those who feel that without the intervention of the US in the Second World War the Germans were on the verge of being defeated:  Have you ever heard of Lend Lease?

Maybe the US was late in entering WWII -- and maybe it took being attacked by the expansionist Empire of Japan to cause that entry -- much of the materiel that the Allies used -- including that used by Brother Joe and his Soviet Army -- was provided by the US.  My father told me that in the days immediately prior to the US entry into the war people were going around the US asking gun owners (remember those nasty, gun-happy types you antis are railing about) to donate handguns to be shipped to Britain because they (the UK) didn't have sufficient quanties of small arms to mount a suitable defense of the home island.  Maybe there wasn't a REAL need for this, but it did in fact happen.

BTW: My father wasn't terribly interested to help arm a country that felt its citizens couldn't be trusted to own private arms in peacetime.  He resented a country that was critical of our right to keep and bear arms coming to us in wartime with its hand out for weapons it wouldn't normally let its citizens own.
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DVD Profiler Desktop and Mobile RegistrantStar ContributorTheMadMartian
Alien with an attitude
Registered: March 13, 2007
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Quoting Astrakan:
Quote:

(...)
Would they not be able to arrest me for intending to commit a crime? And if the answer is yes, well, there's your example of how an intent law would work. If the answer is no, then I can only scratch my head and say there obviously needs to be a new law.


They might be able to arrest you, but they probably wouldn't be able to convict you as none of the items you mentioned are illegal to own.

How would they prove your intent in this case?
No dictator, no invader can hold an imprisoned population by force of arms forever.
There is no greater power in the universe than the need for freedom.
Against this power, governments and tyrants and armies cannot stand.
The Centauri learned this lesson once.
We will teach it to them again.
Though it take a thousand years, we will be free.
- Citizen G'Kar
DVD Profiler Unlimited RegistrantStar Contributorhayley taylor
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Registered: March 14, 2007
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Quoting kdh1949:
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Open question to those who feel that without the intervention of the US in the Second World War the Germans were on the verge of being defeated:


Just to clarify, I don't think anyone suggested that they were about to be defeated, and history tells us this was not the case, the German army would of certainly taken large tracts of Axis Europe without US intervention as Britain and Russia were forced to stay behind their borders.
Rich.
DVD Profiler Unlimited RegistrantStar Contributorwhispering
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Registered: March 13, 2007
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Quoting kdh1949:
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Open question to those who feel that without the intervention of the US in the Second World War the Germans were on the verge of being defeated:  Have you ever heard of Lend Lease?

Not lend lease but US citizens gave Finland something like 6 million dollars from fund raising, and there were some Americas finnish that joined our ranks. Also due to the pressure by your press, US stopped selling flight gasoline to Soviet harbors

Theres an old video from 1939 where Hoover gives his symphaty:

Starts from about 3:50, theres some history stuff before that:

DVD Profiler Unlimited Registrantbbursiek
Registered: March 20, 2007
United States Posts: 262
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Gsyren,

As to your comment about "The War on Terrorism" being similar to the "War on Drugs" you make a valid point.

Quote:
The major point here is that I don't consider that you are actually at war (at least as far as defined by the Geneva Conventions and the like). You may call it a war, but just like "the war on drugs" it's not an actual war. You can't apply wartime laws on the war on drugs, and - IMHO - you can't do it in the war on terrorism.


I agree that the generalisation of the "War on Terror" is more of a branding and slogan in some respects. However when I would disagree is that we are at war with Al Qaeda. Our Congress in accordance with our laws passed what is in practical effect a declaration of war on them. It also bears reminding that Al Qaeda declared war on the US first.

As to your remarks here:

Quote:
I strongly disagree. If you declare war on someone, then it must be your intention to fight that someone. If 100% are unlawful combatants, then you are fighting someone who does not have the right to fight back. That is not war. That may be crime-fighting. And if it is, criminal law applies.


The members of Al Qaeda have every "right" if that's the correct term to "fight back" (although to be quite honest it's kind of offensive to suggest they would be "fighting back" against the US since they started the war and attacked us numerous times -- I think we're the ones "fighting back" quite frankly). If Al Qaeda (and their allies the Taliban) were to follow the rules of war "as far as defined by the Geneva Conventions and the like" they are more than welcome to fight my country "lawfully" all they want. Of course we would then be able to "lawfully" fight them in return.

The reason they are clearlly "unlawful combatants" (every last one of them IMHO) is because of what THEY do -- we are simply recognizing them as what THEY have chosen to be -- if they put on a uniform and selected only military targets (among other requirements) they would become lawful combatants. So the responsibility for their status as "unlawful combatants" lies with their own behavior. The US is following the requirements of the treaties we have signed. Also in point of fact most of the treaty requirements under the Geneva Convention are NOT being followed by Al Qaeda or the Taliban.

As to your comment about the US acting like the "phone company" that I suppose is a matter of opinion and perception. I can assure you that for my part I believe we have made every reasonable effort to work with the international community on these issues and work to resolve the disputes that exist. The fact that we have over time and after discussions with various foreign nations released 2/3 of the original detainees clearly shows we are flexible. However our unwllingness to cede our national sovereignty and therefore our security policy to foreign nations in a time of conflict seems reasonable to me.

If Sweden were at war with terrorists killing your civilians I am sure you would want your leaders to do what they believe is in your nation's best interests (short and long term) rather than let foreign leaders and groups dictate how you are to fight. You certainly have the right to have an opinion on these issues but I also think it is reasonable for America to listen politely and then proceed to do what we think we should whether it comports with your interpretations of international treaties or not.

Thanks,

Brian

P.S. Rico thanks for the kind remark - it was appreciated.
DVD Profiler Unlimited Registrantbbursiek
Registered: March 20, 2007
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Whispering,

The people of Finland fought bravely and effectively in the 1939-1940 winter war against naked Soviet aggression. It was somewhat inevitable that their massive superiority in numbers and equipment would eventually overwhelm your defensive efforts.

You are quite correct to point out how awful and terrible a nation the Soviet Union was (particularly during the years of Stalin's reign). Our alliance with them during the war was merely a "marriage of convenience" and was destined to be short lived. I wish Roosevelt had been more realistic about Soviet ambitions at the time (like Churchill was) but he was so weak physically by that time that it would have been hard for him to take a strong stand against Stalin in 1945. However I'm not sure what good we could have done because no one wanted a continued war in central Europe between Russia and the US/England.

Brian
DVD Profiler Unlimited RegistrantStar ContributorLord Of The Sith
Registered: March 17, 2007
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Quoting whispering:
Quote:
Quoting dee1959jay:
Quote:
Having said that, I think it's also fair to say that if you would have to name one single country that in the end beat the Nazis, it would have to be the Soviet Union, rather than either the US or Britain. Throughout 1944-1945 around 70% of German resources were concentrated on the Eastern rather than the Western Front (and still they couldn't stop the masses of T-34s the Russians threw at them).


Its also notable to point out that as bad as Nazi Germany was, Soviet Union wasnt any "less evil". Although its the popular thing to say that Nazis were the "Bad Guys" and allies were the "good guys". In my eyes, that is not what "good guys" do:



Quoting dee1959jay:
Quote:
Of course, this is not taking anything away from the sacrifices made by other nations. I for one am very grateful to be living in a free country thanks to the efforts of the British, Canadian, US and Polish forces that liberated it back in '45. 


I am also greatful to be living in a free country, but ironically thanks to Germany

Also note I am NOT trying to water down the war crimes Nazi Germany did. But its hypocritical to say they were the only ones.


The difference between Stalin and Hitler is Stalin was our ally.
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Registered: March 13, 2007
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Quoting kdh1949:
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Open question to those who feel that without the intervention of the US in the Second World War the Germans were on the verge of being defeated:


I don't recall anybody saying that Germany was on the verge of surrendering before the US wandered in. What we have said is that the UK / Empire troops / Russia were heading for a stalemate with Germany.

I think all the Uk people in this thread were a little irritated that some were suggesting that the UK were heading for certain defeat.
Paul
DVD Profiler Unlimited RegistrantStar ContributorLord Of The Sith
Registered: March 17, 2007
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Quoting Astrakan:
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Re: intent laws

Okay, first off, I have no idea if the following is illegal anywhere, but I've gotta say if it isn't it ought to be:

Say I start scoping out a bank. I watch it daily, record everything about the guard rotations, money drop offs, opening/closing hours, cleaning crew schedules, etc. None of this is illegal in and of itself, I don't think.

Then I get a hold of the building blue prints. And the underlying sewer system plans. And the nearby subway system plans. Oh, and the make and model of the safe and the safety deposit boxes, as well as information on how to open them without the proper keys or combinations. Again, I don't think owning this kind of information is illegal. And if some of it is, let's assume I don't happen to get a hold of that particular piece of information.

After that I go out and by myself ski masks, digging equipment, rope, and whatever else anyone could conceivably need for a bank break-in. None of the things I'd buy is illegal to own.

I have all this stuff in my house. The equipment is on the floor, the plans and blueprints are on the wall and on my kitchen table.

Now... for some reason I get into a big fight with my wife, and it escalates to the point where the cops have to show up. They gain fully legal access to my house as they fear that people inside are hurting eachother, and while there they notice all my plans, blueprints, equipment, etc.

Would they not be able to arrest me for intending to commit a crime? And if the answer is yes, well, there's your example of how an intent law would work. If the answer is no, then I can only scratch my head and say there obviously needs to be a new law.

KM


You have not committed any crime.  You cannot be arrested.  You may be able to be arrested if anything you are holding is contraband but that is it.  It is not illegal to plan a bank job.  It is illegal to discuss it with others or to try to sell it to someone who actually goes out and pulls the job, but in itself planning the job is not a crime.  Also remember if a cop came into your residence and found all you speak of, you'd find yourself answering some pretty tough questions.
DVD Profiler Desktop and Mobile Registrantpauls42
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Quoting Lord Of The Sith:
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Quoting Darxon:
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Quoting Lord Of The Sith:
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I am sorry pauls that is just stupid.  Getting a CCW requires you to be a reasonable person.  In AZ there are 16 hours of classes.  No reasonable person is going to shoot a shoplifter.


Will a reasonable person shoot a burglar coming out of another house?

If not, was Mr. Horn unreasonable or was it the Grand Jury that let him walk?


We are talking about two separate laws.  I never saw anything that claimed he held a CCW.  The law that protected him is the Castle Doctrine which is totally different.

Again Pauls thanks for the red arrow for disagreeing with you.  It shows you still haven't changed.


Since Sith stated this as a fact I thought others might like to view the arrows I have given in the last 7 days. (all positive btw).

I have since given more positives btw for others
Paul
DVD Profiler Desktop and Mobile Registrantpauls42
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Quoting Unicus69:
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Quoting pauls42:
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I have no idea what you are talking about.


Then I will explain it...

Quote:
You are quoting out of context a reply I made to someone else (not you).


I did not quote it 'out of context' as I included the entire quote.  And what does it matter who you were replying to?  If you wanted it to be a private discussion, you should have made the comment in a PM.

Quote:
Asking where you could buy a gun is part of planning to do the murder.  And people have been arrested in the UK for trying to procure a gun (or a gunman).


No, asking where you can get a gun changes the situation because it shows intent.  It also involves a second person which coould make it a conspiracy.  Something that would get you investigated, if not arrested.  Trying to procure a gunman will get you arrested here as well because, again, that shows intent.

Quote:
I fail to see what 'facts' I have mis represented.


I said, "I would be interested to see how an 'intent' law would work.  Just because I planned a robbery or a murder, doesn't mean I would actually carry out that plan."

To which you responded, "in the UK, people are arrested before they try and commit a murder if the authorities become aware."

That is a misrepresentation of the facts.  How do I know this?  Because you had to clarify your statement to include a criminal act...an attempt to buy a gun illegally.

Quote:
And have you spoken to the person I was replying to, to confirm that he is feeling distraught/wounded/dismayed about my clarification of what I meant.


Why would anbody do this?  First, your clarification was for a post you made to me.  Second, as I said before, this is a public forum.  If you don't want someone, other than the person you are responding to, to answer, don't make it a public post.

In addition, if this is the standard you are going to use, you never should have commented in the first place as the post you responded to was one I made to Northbloke.  Unless, of course, you spoke with him first "to confirm that he is feeling distraught/wounded/dismayed" by my comment. 


I lost the will to live whilst reading this. So I'm not going to attempt to unravel it.
Paul
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