A legal path to prosecution of the Deep State conspiracy - Military tribunals
The bulk of this post has been drawn from this 4chan /pol post:
The pieces are now in place
I have added a few notes, but the bulk of the work was not done by me. My notes will be done in italics.
The main argument is that the major conspirators must be tried by military tribunals
My thoughts - a good assertion; we just saw Senator Menendez walk on corruption charges in a trial held in a democrat district
Emotional Menendez thanks family, jurors after judge declares mistrial
We have also seen the court system used as lawfare in preventing Trump from fulfilling his duty to enforce the law, from immigration enforcement to travel bans
So, first we should notice the President has the authority to detain Unlawful Enemy Combatants in order to protect the nation AND to punish them for their crimes with a military tribunal. That raises the question of who an Unlawful Enemy Combatant might be and how they get put in that class.
We then observe the Military Commissions Act of 2006 grants the President or the SecDef the authority to establish a tribunal that determines whether an individual is an Unlawful Enemy Combatant. If the tribunal determines the individual to be an Unlawful Enemy Combatant, their ass belongs to the military. They may be detained and tried before a military tribunal for the crimes they committed that caused them to be declared Unlawful Enemy Combatants.
That means that even as US Citizens, they have no recourse to civilian courts.
A link to the law; Military Commissions Act of 2006
Guess what the Executive Order of Dec. 21st did? Declared a state of National Emergency due to serious humans rights abuses and corruption, worldwide. But while that EO only talked about blocking/seizing property, by declaring a state of National Emergency other measures became available.
Why were only foreign persons listed in the Annex to the EO?
Misdirection. Don't look at nationalities, look at the representative acts they committed. The EO can easily apply to US citizens, but one has to decipher it to see that.
Then we discover another Executive Order on "Protecting Americans Through The Lawful Detention of Terrorists". In another masterful stroke of misdirection, this EO says "Today, the United States remains engaged in an armed conflict with al‑Qa’ida, the Taliban, and associated forces, including with the Islamic State of Iraq and Syria." It sounds like more "war on terror" but what that EO really did was cancel Obama's EO shutting down Gitmo to re-establish Gitmo's future availability.
We are in a state of armed conflict, but that EO does NOT mention that we are also in a state of National Emergency to deal with the problem with corruption and serious human rights, which leads anyone reading this to the impression that detainment only applies to those groups mentioned in the EO.
WRONG.
Link to Presidential Executive Order on Protecting America Through Lawful Detention of Terrorists
Sec. 2 (c) says "In addition, the United States may transport additional detainees to U.S. Naval Station Guantánamo Bay when lawful and necessary to protect the Nation."
As we now know, appointed tribunals can declare US citizens Unlawful Enemy Combatants based on their corruption or human rights abuses and place them in military detention for trial before a military tribunal. That means Gitmo WILL be available to deal with the swamp creatures. Detention. Military Tribunals. Meat sandwiches.
All pieces are now in place to start taking the pieces off the board. The financial action authority to freeze their funds was issued on Dec. 17th. The authorization to start detaining them was issued just before the SOTU and ensured Gitmo would be available. But who pays attention to EO's these days?
Instead, everyone will be talking about the SOTU address and the MEMO.
Give the team credit where credit is due, the two referenced EO's are rather artfully written. Unless one already understands the issue of an Unlawful Enemy Combatant, it doesn't look like it impacts US Citizens in any meaningful way. WRONG.
We have front row seats to the greatest show on earth and the curtain has just gone up.
Link to Ex Parte Quirin
Let's not forget about the Feb 9, 2017 EO on "Enforcing Federal Law with Respect to Transnational Criminal Organizations and Preventing International Trafficking"
www.whitehouse.gov/presidential-actions/presidential-executive-order-enforcing-federal-law-respect-transnational-criminal-organizations-preventing-international-trafficking/
Another Trump EO, issued Feb. 9, 2017 Presidential Executive Order on Enforcing Federal Law with Respect to Transnational Criminal Organizations and Preventing International Trafficking
Let's add some additional perspectives
the Supreme Court released a unanimous opinion – Ex Parte Quirin39 – explaining why the Military
Commission was constitutionally valid...
"Cass R. Sunstein & Jack L. Goldsmith, Military Tribunals and Legal Culture: What a Difference Sixty Years Makes, 19 Const.Comment. 261 (2002)"
This is hilarious because it is Deep State hack Cass Sunstein writing it; how nice to see the Deep State weaving it's own nooses
If military commissions and general courts-martial have jurisdiction to try violations of the law of war, the question inevitably arises as to what constitutes war
Everett, R. O. (2006). Role of Military Tribunals under the Law of War, The. BU Int’l LJ, 24, 1.
We never have come to a CONSTITUTIONALLY DEFINED understanding of this...subversion, terrorism...how are they to be dealt with?
What we have had from the beginning was a constantly changing pattern of Executive and Legislative actions, occasionally overturned or supported by the Judiciary
For example, Truman justified COINTELPRO operations against subversion...but there was never a legally defined crime of subversion
What happens if Trump pushes the outcome in the manner described above? If he arrests all the hacks, and if the line backs him, what would a Deep State judge's ruling mean?
In a popular quotation, President Andrew Jackson reportedly said,"John Marshall has made his decision; now let him enforce it!"
*Article One, Section 9, clause 2, of the Constitution states
The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it.*
Lincoln suspended habeas corpus; Roosevelt suspended it on racial grounds!
Do corruption and subversion qualify as threats to public safety?
Curated for #informationwar (by @openparadigm)
Relevance:Lock Them Up!
Corruption and human trafficking--- it's why i believe Chapo is still alive, ( i don't believe a farmer from Mexico becomes a Global CEO of a Organize Trade Cartel ) Deep State Corruption Sex and slave trade that ran through by the Alphabet Soup. Deep states loves to scream Ms13 Trump loves to hear himself say it.
Or better yet under the 2012 NDAA Trump could declare them enemy combatants and then just kill them with drones, no tribunal needed.
I though about adding NDAA in the posts (one of the 4chan polsters had commented on that thread), but it's something I don't understand well enough to speak on
but it would be hilarious to zap the deep state hacks w/ their own perversions of law
It's chilling to read, it essentially allows the president to declare even citizens on American soil to be enemy combatants and to kill them with drone strikes or other means, even on American soil, but so far it has only been used to kill American citizens abroad, as far as we have been told.
our security laws and community need to be completely rebuilt...
things have to be defined constitutionally, not on the whims of foreign born and foreign thinking presidents elected by welfare parasites and guvmint burrocrats
clearly all these secret courts violate due process on their face
if you're spying on a foreign spy, you've got a reason to keep the spying secret; past that I wan to get a post on the subject along the lines of that security discussion
if someone is a foreign spy, get a regular warrant, arrest them and hang them. We defeated the Germans without a FISA court.
We were spaying on them, too
https://www.loc.gov/rr/frd/Military_Law/pdf/Supreme-Court-1942.pdf
FDR had the FBI spying on domestic Nazis and Communists from 1936 on.
they all get off from crimes..welcome to try. Corruption at the core.
I'm betting that oblahblah and the corruption queen walk (as long as they stfu afterwards), but a whole bucnh of the top-tier and middle-tier folks are going to jail.
I'll know if I'm wrong pretty soon ;>
I'm thinking for this to mean anything ..top heads have to roll. (She devil and her minion obama.)
The stakes are too high for it not to be so...
This is much deeper than watergate - this is at the very heart of a functioning country...
(I'm not saying it will happen, I'm saying something this big needs to be shown to the people)
agreed
I don't think it will happen, but Trump has pleasantly surprised me before
a good post, thanks ...