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No bill of attainder or ex post facto Law shall be passed.

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highnooner Donating Member (373 posts) Send PM | Profile | Ignore Wed Sep-06-06 07:30 PM
Original message
No bill of attainder or ex post facto Law shall be passed.
US CONSTIUTION, Article I, Section 9

Isn't that what * is asking Congress to do so he can have his "military" trials?
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peacebird Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Sep-06-06 07:34 PM
Response to Original message
1. can you explain the "legalese" please?
(sorry - don't know what a bill of attainder or ex post facto law means...)


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Kagemusha Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Sep-06-06 07:36 PM
Response to Reply #1
5. To put it in real brief terms
Bill of attainder: Congress charging or even pronouncing a criminal sentence by Act of Congress.

Ex post facto law: Criminalizing an action after the fact, for which persons would be tried after the fact.
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highnooner Donating Member (373 posts) Send PM | Profile | Ignore Wed Sep-06-06 07:38 PM
Response to Reply #1
6. Ex Post Facto...
Means to pass a law after the fact. IOW, Congress, etc. could pass a law that says you should have been driving on the right side of the road. Hence, you are now guilty.
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Kagemusha Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Sep-06-06 07:35 PM
Response to Original message
2. Probably not but only because it offends other parts instead
As in, these people were held contrary to the laws of war previously. It's not a matter of a law being passed to punish the crime, it's a matter of a law being passed to organize a trial for that crime that also, but to a lesser extent, violates the laws of war, which in itself is a violation of the UCMJ and a felony under the war crimes act.
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TomInTib Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Sep-06-06 07:35 PM
Response to Original message
3. Interesting point
Will they try to pass an ex post facto Law in a weirdly reverse mode?

Rather than pass a law that makes one guilty of a crime that was not a crime when the act was committed, this would be a law that would make the party not guilt of a crime that was a crime when it was committed.
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The_Casual_Observer Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Sep-06-06 07:35 PM
Response to Original message
4. You have to wonder why they are so afraid of using the existing
Edited on Wed Sep-06-06 07:35 PM by The_Casual_Observer
legal system to try these people. The only possible explanation is that they don't have what they believe is a legitimate case.
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