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Should the President Be Allowed to Detain Citizens

Uploaded by Agnt of Chaos on Jul 12, 2007

Should the President Be Allowed to Detain Citizens Indefinitely in Wartime?

1. Mr. McCarthy uses Jose Padilla as an example of a citizen detainee and his designation as an “enemy combatant”. Stating that in certain circumstances such measures are necessary to prevent ongoing investigations and intelligence information from being compromised in a court of law if such a person were to be presented in court with a court case. Mr. Koch, on the other hand, states that it doesn’t matter what happens all “persons” are afforded the right to representation and a fair and speedy trial under the sixth amendment. Each author uses Mr. Padilla as their basis for their individual arguments. Each author also uses the case of Ex Parte Quirin, a case involving 8 Nazi spies entering the U.S. at differing times with the orders to cause harm. They were apprehended and tried by a military tribunal. One of these men was a naturalized American citizen. These men admitted to being Nazi spies. Therein lies the difference in the arguments put forth by both McCarthy and Koch. McCarthy states that what kind of terrorist is going to admit to being a terrorist? Their code of honor doesn’t work that way. Mr. Koch stresses the incidents of one of the spies turning himself in (and having trouble doing it). He also talks about the fact that all eight spies were given the right to attorneys even though they weren’t American citizens. Both men talk about U.S. District Judge Michael B. Mukasey, but in totally different views. Each gentleman states opposite views on his comments and judgments. Mr. McCarthy states that Judge Mukasey wrote a 102 -page opinion siding with the President. At no time does McCarthy mention the reservations and aggressiveness that Mr. Koch discusses. It seems as though they are speaking of two completely different people.
2. Ex Parte Quirin can be used to bolster both sides. If persons of a nationality other than American are to be allowed a counselor, then why aren’t American citizens to be afforded the same privilege? On the other hand just because the eight gentlemen admitted to being spies doesn’t mean that anyone associated with al-Qaeda is going to stand up and say, “Yes I am a terrorist”. But they should also be allowed representation as per the sixth amendment. However Article I, Clause 2 of the...

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Uploaded by:   Agnt of Chaos

Date:   07/12/2007

Category:   Contemporary

Length:   4 pages (964 words)

Views:   2542

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