Comment

No, the NDAA Does Not Authorize Indefinite Detention of US Citizens

86
William Lewis12/16/2011 9:21:26 pm PST

re: #77 Dark_Falcon

Non-citizens found to be part of Al Qaeda are not entitled to due process, beyond perhaps a hearing to show some evidence they are part of the terror network. But once that evidence is shown (and the standard is not “beyond a reasonable doubt”, its at most “clear and convincing evidence”), then non-citizen can be held for the duration of hostilities.

Well. that is the claim. There are those of us who would argue, instead, that anyone covered by the judicial system of our nation would be entitled to all the legal protections of citizens. When one remembers the kinds of judicial excesses that lead, in part, to our revolution, I have no doubt that I’d get between 50 & 70 % of the proverbial “founding fathers” agreeing with me. They would consider it as part of keeping “government” in general in check and, as a result, a good thing. It goes along with the concept (heresy these days) that it’s better for a guilty person to go free than an innocent to be condemned.

Beyond a reasonable doubt must be the minimum for all judicial proceedings IMO & all that.