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2010-01-10 Home Front: WoT

What the Obama Administration Should Do as a Public Legal Position

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Posted by 2010-01-10 10:56|| || Front Page|| [3 views ] Top

#1 UNfortunately the only positions the Obama administration seems to assume are bent over, or on its knees.

Posted by OldSpook 2010-01-10 12:22|| 2010-01-10 12:22|| Front Page Top

#2 Yes, Bambi isn't the strong leader we need right now. But when we finally do get a leader who understands both the issues and the stakes, it will be important to frame the issue properly. The 'War on Terror' is nothing more than the US asserting its traditional right to defend itself from non-state actors. We always have, we always will, and anyone who doesn't like it better not get in our way. And no more of this 'Waging Law' nonsense.

That's the gist of Prof. Anderson's essay.

Posted by Steve White 2010-01-10 13:57|| 2010-01-10 13:57|| Front Page Top

#3 Good nutshell Doc. Historically, our basis for this as the USA goes back to the Barbary coast and the heroics of Stephen Decatur and others of that era.

Posted by OldSpook 2010-01-10 17:21|| 2010-01-10 17:21|| Front Page Top

#4 ... we always will ....

Don't bet on it.

Posted by AzCat 2010-01-10 21:51|| 2010-01-10 21:51|| Front Page Top

#5 The'War on Terror' is nothing more than the US asserting its traditional right to defend itself from non-state actors

Ironically, this is more or less the way the French political class treats any threats, from any quarter, to the hegemony of the French state. Next time you're passing through Orly or Charles De Gaulle, count the number of machine gun-toting, german shepherd-leading badass French paras patrolling the concourse.

Also spend a little time reading up on France's anti-terror magistrate Jean-Louis Bruguiere and his "high pressure weather system" against suspected islamist jihadists:

http://tinyurl.com/o74kz

France has embraced a law enforcement strategy that relies heavily on preemptive arrests, ethnic profiling and an efficient domestic intelligence-gathering networkFrench anti-terrorism prosecutors and investigators are among the most powerful in Europe, backed by laws that allow them to interrogate suspects for days without interference from defense attorneys.

Many of the anti-terror laws and policies in France date to 1986, when the country was grappling with Palestinian and European extremist groups. Since then, the government has modified and expanded those laws several times, gradually giving authorities expanded powers to deport and detain people... At times, French authorities have pursued terrorism cases outside their borders, taking over investigations from countries unwilling or unable to arrest suspects on their own.

Last year, Christian Ganczarski, a German national and alleged al Qaeda operative, arrived in Saudi Arabia for a religious pilgrimage to Mecca. ...Saudi officials prepared to deport Ganczarski back to Germany, but when German officials indicated they lacked the evidence to arrest him, Saudi authorities arranged a detour, putting him on a flight with a connection through Paris. When Ganczarski arrived at Charles de Gaulle Airport on June 2, 2003, he was detained for questioning by French police.

Seventeen months later Ganczarski remains in a French jail, under investigation for alleged conspiracy in the Tunisian attack. French investigators have claimed jurisdiction in the case because French nationals were among the casualties in the Tunisia attack.

Also last year, French counterterrorism officials tipped off the Australian government that a visiting French tourist, Willie Brigitte, was allegedly part of a terrorist cell in Sydney that was planning attacks during rugby World Cup events there. Lacking direct evidence of their own, Australian officials deported Brigitte to France in October 2003, where he was arrested. He also remains in jail, where he is subject to regular interrogations.

The French anti-terrorism judge overseeing both cases is Bruguiere, an investigating magistrate who under French law is granted great prosecutorial powers, including the ability to sign search warrants, order wiretaps and interrogate suspects.

Over the past decade, Bruguiere has ordered the arrests of more than 500 people on suspicion of "conspiracy in relation to terrorism," a broad charge that gives him leeway to lock up suspects while he carries out investigations. "There is no equivalent anywhere else in Europe. This provision is very, very efficient for judicial rule in tackling terrorist support networks," Bruguiere said in an interview. .

Posted by lex 2010-01-10 23:16|| 2010-01-10 23:16|| Front Page Top

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