| 00:40:20 |
none, -
TO TRY AND USE A
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| 00:40:29 |
Unidentified Speaker, -
POWER
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| 00:40:37 |
Unidentified Speaker, -
POINT. WHILE GETTING SET UP, IT MAKES ME NERVOUS TO BE AT A LAW SCHOOL. LIKE MAJOR JACKSON I'M A LIT GATOR. BEING HERE WITH THE PROFESSORS, I HOPE...
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| 00:41:33 |
Unidentified Speaker, -
STATUTE IS. IT MIGHT BE HELPFUL OR
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| 00:41:36 |
Unidentified Speaker, -
ACADEMIC, DEPENDING ON WHAT THE NEW ADMINISTRATION DOES TO OUR STATUTES. BUT THERE IS A STATUTE. IN THE JURISDICTION OF THE MILITARY COMMISSION, I...
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| 00:55:17 |
Unidentified Speaker, -
TO SPEAK A COUPLE OF MOMENTS JUST BRIEFLY ON AN ISSUE THAT BEARS ON THE JURISDICTIONAL ISSUE. THE QUESTION HAS COME UP, WHY MILITARY COMMISSION? I...
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| 00:55:30 |
Unidentified Speaker, -
IS, BECAUSE CONGRESS ENACTED THE MILITARY COMMISSIONS ACT AND THE PRESIDENT, AT LEAST THE FORMER PRESIDENT, DECIDED THAT WAS THE MECHANISM BY WHICH THESE...
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| 01:03:06 |
Unidentified Speaker, -
TO BE SPECIFIC. I'M CURIOUS IF THE PANELISTS WOULD ANSWER THIS QUESTION. HOW, IF AT ALL, DO YOU THINK THE CONSTITUTION LIMITS CONGRESS'S POWER TO DEFINE...
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| 01:03:53 |
Unidentified Speaker, -
ATTORNEY GENERAL JAMES SPEED RIGHT
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| 01:03:55 |
Unidentified Speaker, -
HERE AND WILL LET HIM SPEAK
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| 01:03:57 |
Unidentified Speaker, -
FOR HIMSELF. THIS IS A QUOTE FROM THAT OPINION. "CONGRESS CAN DECLARE WAR. WHEN WAR IS DECLARED, IT MUST BE UNDER THE CONSTITUTION, CARRIED ON ACCORDING...
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| 01:06:45 |
Unidentified Speaker, -
THAT A COUPLE
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| 01:06:48 |
Unidentified Speaker, -
OF THINGS THINGS. ONE, ON THE ARTICLE 1 QUESTION AND THE OTHER ON THE FIND AND PUNISH CLAUSE. ULTIMATELY COURT, NOT CONGRESS, HAVE THE
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| 01:07:02 |
Unidentified Speaker, -
FINAL WORD ON WHAT CONSITUTES A VIOLATION OF THE LAW OF NATIONS. CONGRESS HAS THE POWER UNDER THE CONSTITUTION TO DEFINE, TO DELINEATE, TO SPECIFY THE...
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| 01:09:23 |
Unidentified Speaker, -
PERSPECTIVE, OUR PERSPECTIVE NOT BEING THE PROSECUTION BUT AS
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| 01:09:29 |
Unidentified Speaker, -
AMERICANS, WE THINK THAT CONGRESS WOULD HAVE THE ABILITY OR I WOULD THINK, PERSONALLY, NOT SPEAKING FOR THE GOVERNMENT HERE, THAT IN DEFINING PUNISHING...
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| 01:10:47 |
Unidentified Speaker, -
ARTICULATE LAW, TO GOVERN A NEW TYPE OF ARMED CONFLICT WHICH WILL FEED INTO CUSTOMARIY INTERNATIONAL LAW AND BECOME, IN TIME, PERHAPS, PART OF A NEW...
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| 01:12:22 |
Unidentified Speaker, -
THAT'S THE QUESTION I WAS TRYING TO GET AT. I DON'T THINK WE HAVE YET REALLY TRIED TO FIGURE OUT WHAT THE LIMIT AND PRINCIPLE IS. WE ALL AGREE THAT PETTY...
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| 01:12:42 |
Unidentified Speaker, -
ARE IN THE TERMS OR CONSTRAINTS OF OUR CONSTITUTION AND DETERMINE WHICH INTERNATIONAL LAW THIS COUNTRY WOULD BE BOUND TO AND WHICH INTERNATIONAL LAW...
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| 01:12:57 |
Unidentified Speaker, -
AS A BASIS FOR POWER WITHOUT ALSO SAYING, WE'RE ROUTEING THIS IN THE LAW OF NATIONS. >> BUT I THINK IT HAS TO BE MORE THAN SAYING IT AND I THINK THAT...
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| 01:13:16 |
Unidentified Speaker, -
IT'S A CONSTITUTIONAL CONSTRAINT, IT MEANS THAT -- CONGRESS CAN PASS A LAW FOR DOMESTIC PURPOSES AND SAY, WE ARE GOING TO IGNORE
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| 01:13:25 |
Unidentified Speaker, -
THE GENEVA CONVENTION FROM NOW ON IN OUR OWN CRIMINAL LITIGATION. THAT'S THE STATUS OF THE GENEVA CONVENTIONS ANY WAY FOR DOMESTIC CRIMINAL LITIGATION....
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| 01:16:13 |
Unidentified Speaker, -
BECAUSE THE COURT INTERPRETED THE ARTICLES OF WAR TO SAY, MILITARY COMMISSIONS ARE AUTHORIZED TO THE EXTENT THAT THEY ARE TRYING OFFENSES AND OFFENDERS...
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| 01:17:10 |
Unidentified Speaker, -
PANELISTS AND ATTORNEY GENERAL SPEED WAS CRITICIZED AT THE TIME BY THE FORMER
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| 01:17:15 |
Unidentified Speaker, -
ATTORNEY GENERAL, EDWARD BAITS, WHO WAS ATTORNEY GENERAL UNDER LINCOLN. AND I THINK THIS DISPUTE IS THE FUNDAMENTAL ONE THAT GOES TO THE 9-11 COMMISSIONS....
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| 01:17:29 |
Unidentified Speaker, -
COMMISSION WHERE THE PEOPLE ARE SUBORDINATE TO THE PERSON SETTING UP THE COMMISSION, YOU LACK THE RULE OF LAW THAT YOU HAVE IN THE REGULAR COURT. AND...
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| 01:19:13 |
Unidentified Speaker, -
HAVING PARTICIPATED IN THE ONE OF THE THREE TRIALS THAT WAS HAD AT BEGAN DAN MOW BAY, ANYBODY YOU THINK IS A MILITARY JUDGE IN TODAY'S MILITARY, IS NOT...
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| 01:20:48 |
Unidentified Speaker, -
IS DIFFERENT, IT CUTS OFTEN COLLATERAL REVIEW THAT HAD BEEN VIVAL FOR AT LEAST JURISDICTIONAL CHALLENGES TO THE ASSERTION OF MILITARY JURISDICTION....
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| 01:21:20 |
Unidentified Speaker, -
FOR AN APPEAL. IT DIDN'T REACH THE HABEAS QUESTION. >> PART OF IT WAS THAT IT WAS THE CONDITION. WHAT WAS APPEALED THERE WAS THE AGE ISSUE VERSUS THE...
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| 01:21:38 |
Unidentified Speaker, -
THESE CRITICISMS -- A LOT OF THESE CRITICISMS CAN BE LAUNCHED AGAINST EVERY COURT-MARTIAL THAT EXISTS TOO. BECAUSE COURT MARSHALS
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| 01:21:46 |
Unidentified Speaker, -
ARE EMPANELD -- THE JURORS ARE MEMBERS OF THE COMMAND, THE CONVENING AUTHORITY IS THE COMMANDING OFFICER OF THE INDIVIDUAL INVOLVED. SO THAT'S A CRITICISM...
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| 01:21:56 |
Unidentified Speaker, -
CAN BE LODGED AGAINST ALL ARTICLE 1 COURTS AS A WHOLE BUT I DON'T THINK ANYBODY IS HERE TO ARGUE THAT THE COURT-MARTIAL SYSTEM BEING PUT OUT THERE AS...
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| 01:22:54 |
Unidentified Speaker, -
THAT'S NOT TRUE. ONE OF THE PROBLEMS WE FACED IN THE MILITARY COMMISSIONS IS SORT OF -- THERE HAVE BEEN 3 CASES, REALLY. ONE DIDN'T HAVE A LAWYER AND...
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| 01:24:31 |
Unidentified Speaker, -
HEREUNDER THE MCA, GIVEN THAT IN
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| 01:24:33 |
Unidentified Speaker, -
TWO DIFFERENT CONFLICTS, AFGHANISTAN AND IRAQ, YOU CAN HAVE THE SAME SPECK PATTERN BUT IT'S GOING TO HAVE A ENTIRELY DIFFERENT
|
| 01:24:43 |
Unidentified Speaker, -
OUTCOME WHETHER THE GUY IS PICKED UP IN AFGHANISTAN OR IF HE'S INVOLVED IN IRAQ. NOBODY TALKED ABOUT THE FACT THAT WE HAVE BEEN NORTH OF 25,000 DETAINEES...
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| 01:25:53 |
Unidentified Speaker, -
BE BROUGHT TO PROSECUTIONS MORE QUICKLY OR SOME OTHER ALTERNATIVE BE DEVELOPED ULTIMATELY. I WOULDAND LIES IT AS A POLICY QUESTION. >> I CAN SAY THIS....
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| 01:26:25 |
Unidentified Speaker, -
I'M ASKING WHAT DO HAVE I TO PROVE AND HOW CAN I PROVE IT. THE PRACTICAL MATTERS AND THE ABSENCE OF ANY DEFENSES IN THE SCENARIO YOU SAY, IN AFGHANISTAN,...
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| 01:27:21 |
Unidentified Speaker, -
MILITIA VOLUNTEER OR MEMBER OF RESISTENCE AND WE
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| 01:27:25 |
Unidentified Speaker, -
UNDERSTAND IN INTERNATIONALISM THINKS IT'S PERFECTLY HONORABLE FORM OF COMBATTANCY, WHY IS IT THAT ANYONE FIGHTING ON BEHALF, CAPTURED FIGHTING ON...
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| 01:28:03 |
Unidentified Speaker, -
EVER BE AN UNLAWFUL COMBATANT IS OVERLY SIMPLISTIC. NOT TO SAY EVERY MEMBER OF THE TALIBAN UNDER EVERY CIRCUMSTANCE WOULD BE GUILTYAVE WAR CRIME IS...
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| 01:28:40 |
Unidentified Speaker, -
AND SINCE THERE IS A PREASSUMPTION OF LAWFUL COMBATTANCY FOR ANY CAPTURED COMBATANT WHO HAS NOT BEENOIDS DETERMINED ALREADY BY A COMPETENT TRIBUNAL...
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| 01:30:23 |
Unidentified Speaker, -
AND ENTERTAINING DISCUSSION. [APPLAUSE] WE WILL NEXT PROCEED TO LUNCH AND THE LUNCH
|
| 01:30:30 |
Unidentified Speaker, -
IS AVAILABLE IN BUFFET PHO IN THE HALLWAY.
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| 01:30:33 |
Unidentified Speaker, -
GET YOUR FOOD AND BRING IT
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| 01:30:34 |
Unidentified Speaker, -
BACK IN. WE'LL HAVE THE REMARKS BY THE GENERAL. THANK YOU.
|
| 01:30:39 |
Unidentified Speaker, -
ON
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NOTE: The transcript for this program was compiled from uncorrected Closed Captioning.