Crypto Terrorists to be Tried in Military Tribunal

"Jürgen A. Erhard" jae at jerhard.org
Mon Nov 19 10:21:00 PST 2001


>>>>> "Greg" == Greg Broiles <gbroiles at parrhesia.com> writes:

    Greg> At 11:14 PM 11/18/2001 -0500, Peter Capelli wrote:
    >> Okay, here's a question from a 'stupid fuck'; Did *you* read the order?
    >> Check out Section 7 (a) (3):
    >> 
    >> Sec. 7.  Relationship to Other Law and Forums.
    >> 
    >> (a)  Nothing in this order shall be construed to --
    >> 
    >> (1)  authorize the disclosure of state secrets to any person not otherwise
    >> authorized to have access to them;
    >> (2)  limit the authority of the President as Commander in Chief of the Armed
    >> Forces or the power of the President to grant reprieves and pardons; or
    >> 
    >> (3)  limit the lawful authority of the Secretary of Defense, any military
    >> commander, or any other officer or agent of the United States or of any
    >> State to detain or try any person who is not an individual subject to this
    >> order.
    >> 
    >> 
    >> Now I am not a lawyer, but doesn't that mean that this can be applied to
    >> anyone?

    Greg> No, it means it's not meant to alter people's pre-existing status vis-a-vis 
    Greg> detentions or trials; if they didn't include a clause like that, then 
    Greg> people would argue that the executive order didn't just add to existing 
    Greg> law, but replaced it, such that previously possible prosecutions would no 
    Greg> longer be possible since they weren't explicitly permitted in the EO.

Or, to put it in clear laymen's terms: it means this order only gives
them *more* rights, it doesn't take any rights away from LEOs/the govermin'.

Bye, J

-- 
      Jürgen A. Erhard  (juergen.erhard at gmx.net, jae at users.sf.net)
                     MARS  http://mars.jerhard.org
             The only "intuitive" interface is the nipple.
             After that, it's all learned.  -- Bruce Ediger
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