[linskyjack]

An interesting report. It seems that Justice Scalia gave a speech at the University of Friedberg claiming that enemy combatants (or as he called them "foreigners") have no right to a trial in a civil court. This brings up some interesting problems.

1. Should he recuse himself from the important case coming before the court that will determine how enemy combatants are treated? (Judge Roberts has already recused himself )
2. Does Scalia ever factor in the documentated cases of innocent men swept up by our forces while engaging in urban warfare, warfare that by its very nature can lead to false arrests?

Here is the article:

upreme Court judge says civil rights for Guantanamo inmates 'crazy'

Mon Mar 27, 10:15 AM ET

WASHINGTON (AFP) - A US Supreme Court judge has said it would be "crazy" to give war on terror detainees rights in civil courts, and has castigated Europeans for criticising the Guantanamo detention camp, media reports said.
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The comments attributed to Justice
Antonin Scalia were published a day before the Supreme Court starts hearing a key challenge to special military tribunals for "war on terror" suspects at the US naval base in Cuba.

"War is war, and it has never been the case that when you captured a combatant you have to give them a jury trial in your civil courts," Scalia said during a talk on March 8 at the University of Freiburg in Switzerland, Newsweek magazine reported.

"Foreigners, in foreign countries, have no rights under the American Constitution," Scalia said, according to the www.scotusblog legal website, adding that "nobody has ever thought otherwise."

"If he was captured by my army on a battlefield, that is where he belongs," Scalia told the audience.

"I had a son on that battlefield and they were shooting at my son, and I'm not about to give this man who was captured in a war a full jury trial. I mean it's crazy."

The conservative judge's son, Matthew, fought in the
Iraq war.

Scalia also said he was "astounded" at the "hypocritical" reaction to the Guantanamo camp in Europe.

Some legal experts said the comments could be a reason for Scalia to withdraw from hearing the case of Salim Ahmed Hamdan --- Osama Bin Laden's former driver -- in which he is arguing that the US administration does not have the constitutional right to order special military trials.

The case may also examine the extent to which the Geneva Conventions protect Guantanamo detainees.

Supreme Court chief justice John Roberts has already withdrawn from the hearing because he ruled on the Hamdan case while serving as an appeal court judge.

[bassetman]

I posted this in the Bush...trust thread, and it does seem like a serious issue!

[linskyjack]

Very serious, but I doubt Scalia will do the honorable thing. Remember, at heart he is an ideologue who likes to legislate from the bench---

[bassetman]

Originally Posted by linskyjack

Very serious, but I doubt Scalia will do the honorable thing. Remember, at heart he is an ideologue who likes to legislate from the bench---

Yeah got to love those activist judges!

[linskyjack]

By the way, this isn't the first time that Scalia has made political speeches. It seems to be a bad habit he has developed over the years. One would think that an august judge of the Supreme Court would quietly go about his business without making a spectacle of himself. I sense that his ego is so huge that he can't help it. I also think that he is probably really pissed off that Bush made Roberts chief judge----I have to say, Bush made the right decision. (Given the circumstances).

[bassetman]

Didn't someone get the tape confiscated for taping one of his speeches?

[hannab]

Originally Posted by linskyjack

Very serious, but I doubt Scalia will do the honorable thing. Remember, at heart he is an ideologue who likes to legislate from the bench---

Didn't he already show in the Pledge case that he can do the "honorable thing"?
http://www.rr-bb.com/archive/index.php/t-112214.html

[bassetman]

He went duck hunting (not realizing the danger )with Dick while Dick had an issue pending in the SC and Scalia didn't recuse himself!

[linskyjack]

Well thats good---so he will recuse himself from the enemy combatant case. If he doesn't learn to shut his mouth then he will be recusing himself from many cases. I also noticed that he wouldn't give a reason for recusing himself from the pledge case. I wonder why?

[bill.aam]

Originally Posted by linskyjack

I also noticed that he wouldn't give a reason for recusing himself from the pledge case. I wonder why?

He just wanted to keep all the Moore Ons in suspense, wondering why..








Doesn't matter to me, Why. He did the right thing to recuse himself.

[linskyjack]

How do you know it was the right thing when he wouldn't say why he did it? They usually give you a reason. Perhaps he has financial interests in a Bible company or maybe a flag company or maybe he has an extra special relationship with God that he had to take into account. Thats got to be it. By the way you stupid right wing idiot---you are so banal. (You started it with your inept attempt to sound like Mulder. There is only one Mulder).

[hannab]

Originally Posted by linskyjack

(You started it with your inept attempt to sound like Mulder. There is only one Mulder).

but he's recused himself from this thread, so someone had to take over for him.

[linskyjack]

Dont worry, Mulder has never recused himself from anything.

[GoneForNow]

Originally Posted by bassetman

He went duck hunting (not realizing the danger )with Dick while Dick had an issue pending in the SC and Scalia didn't recuse himself!

They flew out on the same plane....I guess if they both took a dump in the same can you'd want him to recuse himself.
I suggest you become more familiar with the standards for recusal before you continue to make yourself look like the south bound end of a north bound horse.

[holy_saiyan1]

In the immortal words of Eric Cartman:

You got served.

Seriously though, I thought Roberts was gonna ruin the country with his no-abortions-whatsoever and all that. The way the lefties make it sound, in 2 years we're all gonna be jack-booting around town in parades with the clotheshanger abortions going on in the alleyways; and the grandma who has to choose between food and medicine having to buy dog food cuz she can't afford the can of Spam at the Wal-Mart, she'll die of mercury poisoning from the Clean Skies Act.

He looks so harmless, though!