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Federal authorities quickly apprehended the eight saboteurs, all of whom were wearing civilian clothing at the time. On July 2, President Franklin D. Roosevelt established a military commission to try them. Six of the eight, including the 22-year-old Haupt, were executed; one was sentenced to life imprisonment; and one was sentenced to thirty years imprisonment...

Author: By Duncan M. Currie, | Title: FDR Got It Right... | 5/12/2004 | See Source »

...Second Circuit Court of Appeals ruled, in a 2-1 decision, that the Quirin precedent did not give Bush the authority to exercise military jurisdiction over U.S. citizens such as Padilla. It ordered that Padilla be released within 30 days or else formally charged in a civilian court, claiming his detention was illegal under Title 18, Section 4001(a) of the U.S. Code. Known as the “Non-Detention Act,” Section 4001(a) states, “No citizen shall be imprisoned or otherwise detained by the United States except pursuant...

Author: By Duncan M. Currie, | Title: FDR Got It Right... | 5/12/2004 | See Source »

...zone of combat” argument? Well, when facing an enemy whose tactics are directed chiefly at civilians far removed from the conventional battlefield, we might say that the entire American homeland is potentially a “zone of combat.” Moreover, the Quirin Court made short work of this argument in 1942. It said that American citizens who enter U.S. territory during wartime “in civilian dress and with hostile purpose” are “enemy belligerents,” plain and simple. Whether they are physically captured...

Author: By Duncan M. Currie, | Title: FDR Got It Right... | 5/12/2004 | See Source »

...occupation of the West Bank and Gaza. Citing the debilitating effect of Afghanistan on the Soviet Union and of Vietnam on the U.S., he argues that an occupation pits a sophisticated high-tech army not against an equivalent foe, but against lightly-armed insurgents hard to distinguish from the civilian population. "As Israel's own history clearly shows, fighting a stronger opponent will cause a society to unite," he writes, "but combating a weaker one will cause it to split and disintegrate...

Author: /time Magazine | Title: How American Was Abu Ghraib? | 5/11/2004 | See Source »

...America's own worst encounter with a Mr. Hyde side abroad came in 1969, when a young journalist named Seymour Hersh first broke a story about the massacre of scores of Vietnamese civilians at the village of My Lai. The remedy at the time was to blame it all on Lt. William Calley, an officer in charge on the day. My Lai may simply have been a symptom, however, of a war in which American forces were ranged not only against communist insurgents, but against a substantial proportion of the civilian population who supported them. My Lai was hardly...

Author: /time Magazine | Title: How American Was Abu Ghraib? | 5/11/2004 | See Source »

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