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#52 Sep 10 2010 at 1:21 PM Rating: Good
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Almalieque wrote:
Locke wrote:
If there was no court case, how could they be found guilty or wrong?


Is there a court case for every person that is killed in war? There's a rule of escalation of force.


Which doesn't answer my question at all. You said they were wrong and guilty. But the only way to be "proven" wrong or guilty legally is through the legal system. Without going through the legal system, what you're saying is not correct.
#53Almalieque, Posted: Sep 10 2010 at 1:24 PM, Rating: Sub-Default, (Expand Post) Well, I'm going to go off on a limb here and guess that you probably never been exposed to any information that can jeopardize the safety of others if compromised.
#54 Sep 10 2010 at 1:28 PM Rating: Excellent
Almalieque wrote:
Once again, do you think there exist a single nation that would sacrifice their national secrets for a prisoner?


This isn't a prisoner. This is a man we tortured and released without ever telling him what he'd done. If we didn't want to be here, making this decision, we should have thought of that before we took the first step down this road.

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but disclosing national secrets is not an option.


Why? They aren't that important. They're insignificant in the face of our barbarism. In any event, I think I'll just direct your dumb fUcking *** to the first post in the thread:

The OP wrote:
the lawsuit must be dismissed without a trial — even one that would seek to rely only on public information."


It's about our need to forget the atrocities we've committed, not ensuring our security. Not protecting Top Sekret Infoz.

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Simply put, it doesn't work that way. Like I mentioned, it is punishable for the military under UCMJ to reveal classified information in order to prevent harm to yourself, to include your life. Given that, what makes you think the government will have an open court about classified information because somebody got hurt?


The man they abducted, then tortured, and finally released isn't bound to our military's codes of conduct. Supposedly that's why it was okay to torture him, too. And I don't think the government will ever attempt to indemnify these people in any way, because the government is full of politicians, and thus whores. Whores don't do things to make their Johns feel guilty, like admitting that torturing innocents was the wrong thing to do.

And seriously, security clearance is meaningless. I've have clearances granted to me as a contract worker. I've been to NORAD, and I've never been an enlisted man. People who want to, already know our secrets. It's the voting public who really doesn't want to know these particular secrets, and lucky for them, they'll never have to.

#55 Sep 10 2010 at 1:30 PM Rating: Excellent
Almalieque wrote:
Those people can get their justice and have their court case, just not at the expense of national security. It does not have to be one or the other, it can coexist.


The OP is two sentences. Read both of them you fUcking ape.
#56 Sep 10 2010 at 1:31 PM Rating: Excellent
Dread Lörd Kaolian wrote:
yossarian wrote:


We should never trade away justice for security, even national security.



So as far as you are concerned, some concerned citizen could file some sort of lawsuit that would (for sake of argument) require public disclosure of the US Nuclear Launch codes, and you would be ok with that?

Sure, thats an absurd and extreme example, but there is a line. The question is where is that line located?

I'd prefer they set up some sort of Judicial entity to handle these types of things. Something along the lines of the house permanent select committee on intelligence, but focused on prosecution of intel sensitive cases. You'd have a risk of "star chambers" with something like that, and sometimes the lawyers would be cleared for information that their clients were not, but it would be better than nothing.


We already have FISA courts, for example, and there is no need for that to be public to achieve justice.

What I am saying is that there is no case in which you can ignore or route around them. If the attorney general simply cannot personally sign all the forms, he or she goes to congress and explains the situation and gets whatever resources are needed (other designated signers, or more FISA courts if they are too slow, etc).

This is the opposite of what has happened.
#57 Sep 10 2010 at 2:04 PM Rating: Good
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Well, I'm going to go off on a limb here and guess that you probably never been exposed to any information that can jeopardize the safety of others if compromised.
But you don't know, so it could be anything right? Obviously the only solution to protecting the really important stuff is to not tell anyone the minor stuff either and pretend like everything is important. With no information to sort whether he actually has a serious or non-serious claim, you need to hand over you gall-bladder now.

For the sake of national security and innocents everywhere.
#58 Sep 10 2010 at 2:10 PM Rating: Good
Professor shintasama wrote:
For the sake of national security and our pride innocents everywhere.
#59 Sep 10 2010 at 2:24 PM Rating: Decent
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Barkingturtle wrote:
The process, and its integrity, is more important than any classified information could ever be.


Except that "the process" includes limits to what some random citizen can do. And yes, it does this to protect classified information.

The problem is that there is no end to what someone can allege has happened. That's the basis of our legal system. Free speech and all of that. But, you must acknowledge that fact when building a usable system of law. If you allow every allegation to require the opening up of any classified information, then it becomes possible for groups of people to undermine national security by simply riling lawsuits. Since you can't prove that their allegations are false without revealing the classified information, they automatically "win".

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When it is perverted, those people you call innocents are all injured. We are as a nation lessened, and claims of our tyranny are only bolstered. There is nothing, nothing, more important than due process for everyone. Without it, we are exactly what they'd have us be.


But when due process is used specifically to require the opening of classified information, this becomes a bit harder to support. Obviously, it's a balancing act, but you seem to want to take an absolutist position on one side. Due process cannot trump national security all of the time. The key is to allow national security to do so, but then work as hard as possible to make sure that national security isn't misused. We have a reasonable system for doing that. We have committees in Congress who's sole job is to keep an eye on these sorts of activities. And we have a process of unsealing those documents after a set amount of time, and the FOIA. Thus, those involved in a cover up will eventually be found out. That's not much comfort for people who have been victimized today, but it does decrease the likelihood of it happening in the first place.


If you feel so strongly about the unfair treatment of various WoT prisoners being shipped around to different countries, then by all means write your members of Congress and insist that they open an investigation. Do you honestly think that if this issue was as cut and dried as you are making it out to be that the Democrats controlling congress for the last 4 years wouldn't have fallen over themselves to do this in order to attack the GOP controlled Congress and White House at the time? I'm far from an advocate of blind faith in government, but the lack of such investigations much less any public conclusions about these alleged events speaks volumes.


There is a process for dealing with national security issues. The one you are advocating not only isn't it, but it's not even a good way of doing it.
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#60 Sep 10 2010 at 2:28 PM Rating: Good
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gbaji wrote:

But when due process is used specifically to require the opening of classified information, this becomes a bit harder to support.


So you agree the court was wrong to refuse to take this case even using only public information?
#61 Sep 10 2010 at 2:43 PM Rating: Excellent
gbaji wrote:

The problem is that there is no end to what someone can allege has happened.


No, the problem is that the allegations carry an air of believability because we decided to employ torture and abduction. We greased this slope, and now we refuse to slide on it. It's just punctuation to ultimate obscenity.

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I'm far from an advocate of blind faith in government, but the lack of such investigations much less any public conclusions about these alleged events speaks volumes.


Yeah, they speak volumes on the insidiousness of us as a people. They speak volumes to our cowardice, that the public doesn't demand justice for all. A couple thousand dead New Yorkers doesn't excuse this level of cowardice and intellectual dishonesty, in my book. A couple million wouldn't. In fifty years, this will be looked upon with more disgust than the internment of **** is currently, because we're supposed to know better.
#62 Sep 10 2010 at 2:45 PM Rating: Decent
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LockeColeMA wrote:
gbaji wrote:

But when due process is used specifically to require the opening of classified information, this becomes a bit harder to support.


So you agree the court was wrong to refuse to take this case even using only public information?


I'd need to read the actual court ruling, and not the NYT writers take on that ruling. I think that the point the court was making wasn't that a case in which all the facts were public information would still be dismissed, but that allowing the plaintiff to proceed while the defense can't defend itself because it would have to reveal classified information in order to do so would be unfair to the defense and the case should be dismissed.
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#63 Sep 10 2010 at 2:51 PM Rating: Default
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Barkingturtle wrote:
No, the problem is that the allegations carry an air of believability because we decided to employ torture and abduction. We greased this slope, and now we refuse to slide on it. It's just punctuation to ultimate obscenity.


Ah. So because you think someone did something mean over there, that justifies attacking someone else unfairly over here. That makes perfect sense. I suppose if you just pile up enough allegations about something, it equals proof.

You get that you're basing an argument about how it's ok for allegations to force the release of classified information based on yet other allegations, right?

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Yeah, they speak volumes on the insidiousness of us as a people. They speak volumes to our cowardice, that the public doesn't demand justice for all. A couple thousand dead New Yorkers doesn't excuse this level of cowardice and intellectual dishonesty, in my book. A couple million wouldn't. In fifty years, this will be looked upon with more disgust than the internment of **** is currently, because we're supposed to know better.


No. It means that just because you have bought into an alien conspiracy theory doesn't mean that the rest of us have to treat you seriously. In fifty years, people will look at the documentation of what we did and wonder why the liberals of the day made such a big deal about it.


You also understand that a big deal is made out of precisely because those making a big deal out of it know that the government wont release the classified information, and they can use that to make gullible people (that would be you) believe whatever they want to say about what's "really going on". Hook, line, and sinker...
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#64 Sep 10 2010 at 2:56 PM Rating: Good
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gbaji wrote:
The problem is that there is no end to what someone can allege has happened. That's the basis of our legal system. Free speech and all of that. But, you must acknowledge that fact when building a usable system of law. If you allow every allegation to require the opening up of any classified information, then it becomes possible for groups of people to undermine national security by simply riling lawsuits. Since you can't prove that their allegations are false without revealing the classified information, they automatically "win".


Perhaps you don't understand the comcept of burden of proof on the accuser. But if you did you'd understand why you are so ******* wrong.
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#65 Sep 10 2010 at 3:11 PM Rating: Decent
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Timelordwho wrote:
gbaji wrote:
The problem is that there is no end to what someone can allege has happened. That's the basis of our legal system. Free speech and all of that. But, you must acknowledge that fact when building a usable system of law. If you allow every allegation to require the opening up of any classified information, then it becomes possible for groups of people to undermine national security by simply riling lawsuits. Since you can't prove that their allegations are false without revealing the classified information, they automatically "win".


Perhaps you don't understand the comcept of burden of proof on the accuser. But if you did you'd understand why you are so @#%^ing wrong.


No. I do understand it. But people like BT seem to *not* understand it. I'm saying that if we accept his "rules", and allow peoples allegations alone to force defenses to have to open up classified documents to "prove the allegations false" then we end out in the absurd situation I just outlined. Hence, his ideas are stupid.


Try to keep up man!
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#66 Sep 10 2010 at 3:19 PM Rating: Excellent
gbaji wrote:

Ah. So because you think someone did something mean over there, that justifies attacking someone else unfairly over here.


No, let's get this real straight, *****Ucker:

I'm saying, when we accidentally torture the wrong guy for five years, he should be allowed to present his case for the purposes of seeking indemnification, although I can't fathom a way to make a man whole again after such an ordeal. These aren't allegations based on allegations, these are people wanting recompense for being abducted, tortured and imprisoned by our government. We admit we did it, that means it is no longer an allegation.

You're being entirely intellectually dishonest, as usual. Today you are endorsing government practices which grant the state unlimited power, because the alternative is to admit it was a bad idea to do this to other humans, regardless of their nationality, hue or religion. Your endorsing systemic disregard for human rights, because your guy implemented the system.

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In fifty years, people will look at the documentation of what we did and wonder why the liberals of the day made such a big deal about it.


At this rate, I reckon you're right. In fifty years, we'll probably all have torture-chambers in our basements for neighborhood security.

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You also understand that a big deal is made out of precisely because those making a big deal out of it know that the government wont release the classified information, and they can use that to make gullible people (that would be you) believe whatever they want to say about what's "really going on". Hook, line, and sinker...


There isn't a big deal being made of this. There should be, because it undermines everything we're supposed to stand for. It devalues the lives of every American soldier killed as they "fight for our freedom". It hands another victory to terror. People ***** about longer waits at the airport, but no one ******* about this, because we don't fUcking care.

#67 Sep 10 2010 at 3:32 PM Rating: Good
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Barkingturtle wrote:
I'm saying, when we accidentally torture the wrong guy for five years, he should be allowed to present his case for the purposes of seeking indemnification, although I can't fathom a way to make a man whole again after such an ordeal.


Did the operators of that airline torture him? Yes or no? Did any members of the US government torture him? Yes or no?

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These aren't allegations based on allegations, these are people wanting recompense for being abducted, tortured and imprisoned by our government. We admit we did it, that means it is no longer an allegation.


Huh? When did the US government admit to torturing any of the plaintiffs in this case? You're projecting your own assumptions. I read the whole article and don't recall anything about the US government admitting to torturing those guys. They extradited them to other countries.

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You're being entirely intellectually dishonest, as usual. Today you are endorsing government practices which grant the state unlimited power, because the alternative is to admit it was a bad idea to do this to other humans, regardless of their nationality, hue or religion. Your endorsing systemic disregard for human rights, because your guy implemented the system.


No. I'm opposing a moronic requirement on our legal system that would allow anyone with a bone to pick with the government to make allegations of anything at all and therefor force the government to either release classified documents *or* admit guilt. I think that's a bogus way of doing this. I'm also saying that we have processes for doing this, but you don't want them to be used, not because they aren't both fair and the best way to deal with this sort of thing, but because they don't get the results you want.


Which is somewhat moronic, even for you.
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#68 Sep 10 2010 at 4:00 PM Rating: Excellent
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gbaji wrote:
Did the operators of that airline torture him? Yes or no? Did any members of the US government torture him? Yes or no?

Were either instrumental in him being tortured? Sounds like a question to be decided by the cou--- oh, wait.

Nevermind, I guess.
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#69 Sep 10 2010 at 4:02 PM Rating: Good
gbaji wrote:
Barkingturtle wrote:
I'm saying, when we accidentally torture the wrong guy for five years, he should be allowed to present his case for the purposes of seeking indemnification, although I can't fathom a way to make a man whole again after such an ordeal.


Did the operators of that airline torture him? Yes or no? Did any members of the US government torture him? Yes or no?

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These aren't allegations based on allegations, these are people wanting recompense for being abducted, tortured and imprisoned by our government. We admit we did it, that means it is no longer an allegation.


Huh? When did the US government admit to torturing any of the plaintiffs in this case? You're projecting your own assumptions. I read the whole article and don't recall anything about the US government admitting to torturing those guys. They extradited them to other countries.


Intentionally obtuse as usual, cUnt. I can't even pretend to take any of what you wrote there seriously.


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You're being entirely intellectually dishonest, as usual. Today you are endorsing government practices which grant the state unlimited power, because the alternative is to admit it was a bad idea to do this to other humans, regardless of their nationality, hue or religion. Your endorsing systemic disregard for human rights, because your guy implemented the system.


No. I'm opposing a moronic requirement on our legal system that would allow anyone with a bone to pick with the government to make allegations of anything at all and therefor force the government to either release classified documents *or* admit guilt. I think that's a bogus way of doing this.


Yeah, that's what I said. You're being intellectually dishonest. You are sticking up for the state at the expense the individual's rights. You're ignoring the implications of the precedent, because you're pro-torture, I guess, and you like the idea of the government having immunity against anything they want, so long as they tell you it makes you safer.

Haha, I know you don't really care about making anyone safer, you just stick up for your masters. Admirable trait in a dog, I s'pose, but sort of sad when you see it displayed repeatedly by something purported to be human.
#70 Sep 10 2010 at 4:36 PM Rating: Good
This is gonna sound really awkward, but...


I'm in total agreement with BT on this one. The guy deserves his day in court. Any attempt to deny him that right, even in the name of "national security" is pathetic and inexcusable.
#71 Sep 10 2010 at 5:22 PM Rating: Decent
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Jophiel wrote:
gbaji wrote:
Did the operators of that airline torture him? Yes or no? Did any members of the US government torture him? Yes or no?

Were either instrumental in him being tortured? Sounds like a question to be decided by the cou--- oh, wait.


No. It sounds like an operation over which congress has oversight. The same Congress which has been controlled for the last 4 years by the party opposed to the one in power when these events occurred. As I've pointed out repeatedly, there is a process for examining actions taken during classified operations. And the civilian courts isn't it.

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Nevermind, I guess.


As you're so fond of saying: If you feel strongly about this, write your congressman and have them investigate. The point here is that a whole lot of people felt strongly about this 5 years ago, and 3 years ago, and one year ago. It's not like allegations surrounding the handling of prisoners during this time period are just now becoming apparent. And the same process is available for resolving it. If the GOP didn't "take action", and now the Dems aren't taking action either, and you think that's not enough, then you're kinda on the fringe, aren't you?
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#72 Sep 10 2010 at 5:38 PM Rating: Decent
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Barkingturtle wrote:
Yeah, that's what I said. You're being intellectually dishonest.


And what are you being? Honest? Lol!

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You are sticking up for the state at the expense the individual's rights.


I'm not. The individual does not have the right to demand that classified information be released simply so that he can proceed with a lawsuit. Your rights end at the point that they put the rest of us in danger.

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You're ignoring the implications of the precedent...


No. I'm very much aware of the precedent that forcing the government to reveal classified data or admit guilt to any allegation leveled at them when have. It would be a disaster.

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... because you're pro-torture, I guess, and you like the idea of the government having immunity against anything they want, so long as they tell you it makes you safer.


No. Because I realize that our government didn't torture any of the plaintiffs in this case. I know you want to play footsie with this and tap dance around it, but that is the fact in this case. No one is alleging that the US government tortured those plaintiffs. They transported them from one country to another and handed them over to legal authorities in the countries they delivered them to. What are we supposed to do? Invade those countries as well as Iraq because we don't agree with their legal systems? It's funny how some people constantly complain about how other people in other parts of the world treat people, but then are the first to scream when anyone actually tries to do anything about it.

At a point, it just becomes childish complaining. The world is not a perfect place. You are not a unique snowflake. Sometimes, "bad things" are going to happen to people. I'm vastly more concerned about all the assaults and crimes committed against law abiding citizens here in the US every single day then I am about a few foreigners who were caught up in an anti-terrorist operation. Maybe that's selfish off me, or nation-centric, or whatever you want to call it, but in the grand scheme of "crap happens" it seems like you've gone well beyond throwing the baby out with the bathwater.

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Haha, I know you don't really care about making anyone safer, you just stick up for your masters. Admirable trait in a dog, I s'pose, but sort of sad when you see it displayed repeatedly by something purported to be human.


And yet, it's not my political party which is refusing to do what you want them to do. Seriously. Get a grip man. When both the Dems and the GOP think you're nutty, it might just be true...
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#73 Sep 10 2010 at 6:30 PM Rating: Excellent
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No one is alleging that the US government tortured those plaintiffs. They transported them from one country to another and handed them over to legal authorities in the countries they delivered them to.


Knowing damn well that those individuals were going to be tortured. Your posts, Gbaji, sound as though you have watched '24' far too much tbh.

BT has said everything that matters so far.
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#74 Sep 10 2010 at 6:45 PM Rating: Default
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paulsol wrote:
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No one is alleging that the US government tortured those plaintiffs. They transported them from one country to another and handed them over to legal authorities in the countries they delivered them to.


Knowing damn well that those individuals were going to be tortured.


No. Knowing damn well that those countries don't have the same legal protections for prisoners and criminals as we do. By that logic, the US should never allow extradition to any country in the world, since they pretty much *all* have fewer protections and rights for people charged with crimes than we do. Strangely, we do extradite people to other countries all the time.

You're cherry picking these cases and these individuals.

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Your posts, Gbaji, sound as though you have watched '24' far too much tbh.


I've never watched a single episode. I suspect that it's those who assume that our government engages in habitual torture of prisoners who might just have watched a few to many episodes of that show.

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BT has said everything that matters so far.


BT has said nothing of worth at all. He's just repeated the same tired complaints, while adding not a single bit of logic or reason into the debate. And when he realizes that crying about the unfairness of the laws in the US isn't really proving his point, he resorts to that time honored tradition of personal attacks. Because I just love being accused of liking torture because I refuse to assign blame to an airline hired to fly planes to conduct legal transport of prisoners by our government on the grounds that since those people were later mistreated by yet another government, our government not only knew this would happen, but somehow planned to have it happen, and thus is culpable, and furthermore that those poor saps they contracted to fly the plane must have been in on the plot as well!

And you don't think that's a bit of a stretch? I've heard alien conspiracy theories with more solid and reasonable logic than this one.
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#75 Sep 10 2010 at 6:54 PM Rating: Excellent
gbaji wrote:
paulsol wrote:
Quote:
No one is alleging that the US government tortured those plaintiffs. They transported them from one country to another and handed them over to legal authorities in the countries they delivered them to.


Knowing damn well that those individuals were going to be tortured.


No. Knowing damn well that those countries don't have the same legal protections for prisoners and criminals as we do.


No, knowing damn well they were going to be tortured. These processes had nothing to do with extradition. Extradition is an open, legal process resulting from a treaty between countries. The individuals in question is supposed to get a fair trial, and if there are any suspicions that the individual might get tortured or might not get a fair trial, the extradition doesn't go through... What happened the these guys was the exact opposite of that, and everyone involved knew exactly what was going on.

Never ceases to amuse me how you constantly whine about government taking "controlling the individual" by offering healthcare, and yet you're ok with it not only torturing people, but refusing them access to courts later.
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#76 Sep 10 2010 at 7:35 PM Rating: Default
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RedPhoenixxx wrote:
No, knowing damn well they were going to be tortured.


Says you. Forgive me if I don't fall over myself assuming that the conspiracy theorists got this one right, but are still wrong about Elvis and JFK.

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These processes had nothing to do with extradition. Extradition is an open, legal process resulting from a treaty between countries.


Rendition is a form of extradition and the terms are often used interchangeably. You're correct that I should have used the term "rendition", however the same nutters who have hammed up the "OMG! The US is torturing everyone!" have turned that term into an assumption of "prisoner transfer for the purpose or torture". I'd prefer not to play word games here.

It's a prisoner transfer. It's done for any of a number of reasons and it's done with the cooperation and knowledge of the governments involved. It's "legal". It's just not advertised in the newspaper. Remember, "secret" doesn't mean "illegal".

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The individuals in question is supposed to get a fair trial, and if there are any suspicions that the individual might get tortured or might not get a fair trial, the extradition doesn't go through...


Different countries have different extradition policies and agreements. It's not that cut and dried.

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What happened the these guys was the exact opposite of that, and everyone involved knew exactly what was going on.


The only real difference was secrecy. Which is necessary when the people you are transporting are believed to hold national security level information or be involved in significantly dangerous plots. You're free to speculate that this automatically means that said secrecy was used to torture people, but I'm not willing to make that assumption. And I'm certainly not going to support a lawsuit against a third party on the belief that since they were merely contracted to do the transportation that they are culpable for the alleged treatment which occurred later.


That's a stretch, isn't it?

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Never ceases to amuse me how you constantly whine about government taking "controlling the individual" by offering healthcare, and yet you're ok with it not only torturing people, but refusing them access to courts later.


I'm not ok with torture. What I'm ok with is dismissing a case against an airline because they were chartered to perform classified legal prisoner transfers. I'm also aware that the reason for said lawsuit isn't because the plaintiffs actually think that the airline is culpable for what they allege happened to them, but because if they are granted the power to gain records of the flights, they can then go on a fishing expedition and make more allegations about other transfers. And along the way, potentially violate national security.


You're going about 3 steps past what I'm arguing. Stop making assumptions here. I'm talking about this case against this airline. If you want to talk about cases directly against the US government, then bring up those cases. But you run into similar problems because those transfers, regardless of what happened at the other end, were "legal". You have to prove that those involved actually knew that the specific prisoners they were transferring were going to be tortured and/or that they did so specifically for that reason. So far, there is only wild speculation on the part of people like you to support that theory.


You can't convict people of a crime on theory and speculation.
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