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View Diary: Reports: Dzhokhar Tsarnaev confessed before Miranda rights, then fell silent (226 comments)

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  •  "Enemy combatant" is the whole problem. (2+ / 0-)
    The real question is if you can wage war against the US and the Constitution and still use the Constitution as a shield.
    No, the question is if you can wage crime and still use the Constitution as a shield. And the answer is yes, generally, as it has always been in domestic terrorism cases.

    Frankly, I'm not sure war criminals should be treated differently if captured by our criminal justice system anyway. Seems to me the Constitutional laws would apply then too and were meant to from they way they're written as "persons" not "residents" or "citizens" in most cases. In an actual war zone, some rights are obviously suspended. What happened in Boston was tragic but it did not create a warzone.

    I think laws of war can be used when an enemy combatant is captured. They are at war with us even if you aren't at war with them.
    What they? That's the whole problem. From what we know, there is a very small "They" here and half of them are dead.

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