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Winston, Why Are You So Angry? Jacob Hornberger explains

#21 User is offline   kenrexford 

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Posted 2009-May-19, 16:21

jonottawa, on May 19 2009, 05:08 PM, said:

Most people are cowards and sheep. We in America live in the safest time and civilization in the history of the world. It is not misleading to point out just how unbelievably unlikely it is to fall victim to a terrorist attack.

I do think our brains work differently. Your brain seeks comfort, mine seeks truth.

Sheep who graze on the plains have it better than sheep who graze on the mountains. They have more grass to eat. Their offspring don't fall to their deaths because of a mis-step. Life is good.

However, how stupid are the sheep? The sheep doesn't even realize that the wolf is being kept away by the shepherd. Blissful ignorance.

What would be really stupid, however, would be for the sheep to comment about how few sheep really get eaten by wolves, as if the shepherd wasn't needed. I'm sure great sheep poets pine on about how their days on the prairie are the safest times ever experienced by sheepkind.

Translation: My brain is based in real politik, which is truth. Your brain is mushy from perceived comfort, which puts a rosey picture on a perceived truth.
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#22 User is offline   jonottawa 

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Posted 2009-May-20, 10:17

Realpolitik my ass. The Bush administration was full of chickenhawks, religious zealots, neo-fascists, crony-capitalists and demagogues and virtually every one of their policies showed it.

Here are the 14 defining characteristics of fascism. Let's see how many can be fairly said to apply to the Bush administration.

1. Powerful and continuing nationalism. Check
2. Disdain for the recognition of human rights. Check
3. Identification of enemies/scapegoats as a unifying cause. Check
4. Supremacy of the military. Check
5. Rampant sexism. Not so much.
6. Controlled mass media. Check
7. Obsession with national security. Check
8. Religion and government are intertwined. Check
9. Corporate power is protected. Check
10. Labor power is suppressed. Check
11. Disdain for intellectuals and the arts. Check
12. Obsession with crime and punishment. Check
13. Rampant cronyism and corruption. Check
14. Fraudulent elections. Check

Here's a good slogan for the Republicans in 2010: 'Hey, we're not TECHNICALLY fascists, because we're not sexist!'
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#23 User is offline   jonottawa 

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Posted 2009-May-20, 10:49

That's one thing that really burns my ass. I'm a conservative (a Goldwater conservative) and these people decided that neo-fascism didn't sound very palatable, so they changed their name to neo-conservative and now the neo- has been dropped altogether even though the ideology is indistinguishable from fascism. (Some of them even have the unmitigated gall to call Obama fascist. You'd be surprised at how often when you listen to Bush speak about our enemies, he is perfectly describing his own policies/administration.)

Anyway, as for your specious Realpolitik reference:

How did toppling a secular regime in Iraq, the enemy of the religious extremists in Iran, contribute to US national security?

How did bankrupting our country, which was running a massive surplus when Bush took over, contribute to US national security?

How did voting for a coke-snorting, alcoholic, religious zealot and failed businessman to the most powerful office on the planet contribute to US national security?

How did torturing people, in violation of the rule of law, which acted as a huge recruiting tool for our enemies and which (rightfully) turned many of our allies against us contribute to US national security?

I was railing against all of these things AT THE TIME. You can't even see your mistakes with the benefit of hindsight. Whose brain is mushy now?
"Maybe we should all get together and buy Kaitlyn a box set of "All in the Family" for Chanukah. Archie didn't think he was a racist, the problem was with all the chinks, dagos, niggers, kikes, etc. ruining the country." ~ barmar
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#24 User is offline   kenrexford 

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Posted 2009-May-20, 17:11

Jon, I think you are falling into the trap of an ad hominem argument without even realizing it.

I said that the argument on one side was flawed because it ignored the "public danger" aspect of the U.S. Constitution. One who is a thinking person would recognize that I am correct and therefore would at least re-do the argument to address the real constitutional question, namely whether the current events do or do not amount to a "public danger" as either contemplated by the framers or as understood by modern society in a living, breathing document sense.

Your response was somewhat along those lines, in the sense that you provided absurd statistical analyses to suggest that errorism is not a "public danger" as intended. I responded that I thought this analysis to be wildly flawed and illogical, from my way of looking at this.

You then noted that people are "cowards" and "sheep" and that my mind seeks "comfort" while yours seeks "truth."

I responded that your actual comfort makes you think things are better than they are, because you are not recognizing the effect of the man on the wall, kind of like how a person who takes a vaccine never sees it work because they don't get sick and might conclude that they would have never gotten sick anyway. I also noted that my willingness to ask dark questions and consider dark solutions was based on what I [erceive to be a real view of the world and not this cushioned rosey view.

So, after this, what is your response? You attack George Bush. You also attack a lot of things that George Bush did, with which you disagree.

First of all, how can my position that "public danger" needs to be defined be in any way translated as "I agree with everything George Bush did?" Just because George Bush, who by the way to my knowledge never had the brains to mention "public danger" as his justification -- apparently relying on the same "act of war" nonsense that has everyone responding to it only, happened to conclude with his particular world view that some act was justified does not mean that the act was or was not justified by any other world view OR that the debate must be argued using his terms.

That last part is worth repeating. Why are you giving George Bush some sort of intellectual authority on this issue? Why do you insist on arguing the matter from some absurd Counter-Bush perspective rather than from an intelligent perspective?

I mean, there seems to be at least four possible theories:
  • This was an act of war, and they neither wore uniforms nor carried flags, so we can do whatever we want to do (George Bush's Theory)
  • This was not an act of war, and George Bush is playing semantics games, and George Bush is a stooge with nuclear capabilities, so whatever George Bush thinks is right must be wrong(your view)
  • This seems to be a "public danger," such that perhaps certain procedural rights are in fact suspended(intelligent possible view in favor of certain acts accidentally done right by Bush), or
  • This does not seem to qualify for the "public danger" exception, for such-and-such reason(intelligent view, almost adopted by you until you reverted to the anti-Bush argument)

Here's my view of your argument so far, then. You dabble with the idea of actually debating "public danger" until you see reasoned arguments that might actually justify what Bush did, at least at times. Knowing that Bush did these things for the wrong reasons, and not willing to let your view of his motives and lack of intelligence off the hook, you cannot stand the idea of an intellectual argument that seems pro-Bush, even if the argument accidentally favors the actual act but not the stated justification. So, lacking persuasive firepower on the intellectual debate, you attack that which you emotionally feel -- Bush is Evil. Using that as your first principle, you conclude that any reasoned argument that leads anyone to the same end result as George Bush, even on one issue, must also be evil, or at least wrong because it just cannot be.

The problem is that the real debate that should have occurred and that should now occur leaves an honest man with no confident answers. Global terrorism is different. It is not something anyone could have predicted in the 1700's. Suicide bombings would never even enter their minds. The closest parallel to a gigantic non-national network would have been the trade companies, but these were rich people seeking profits, not crazy people trying to blow stuff and people up. Hence, unfortunately we have to draw upon imperfect parallels and unclear, competing principles to reach answers. Unfortunately, no answer is obvious. Reasonable people (if any actually debate this honestly) can disagree.

That sucks, because it takes away that which you really want. You want George Bush and his cronies to rot in Hell.

By the way, if you carefully read through what I have posted, I have not stated anything that could pin me down on an end position. The fact that I assess the world from a self-proclaimed "real politik" perspective does not mean that I endorse whatever Kissinger would have done, either. I merely mention the debate as one that should occur in a real world with honest review of the actual words of the Constitution and not in an emoptional, irrational, political world.

As a criminal defense attorney, I side on procedural protections. Hence, I actually would vote against relieving due process under these circumstances, if I was given a vote. But, I cannot proclaim any argument like what has been made so far, and I believe that I might be off base in my weighting of interests. I myself consider this an extremely close call, as far as the due process issue is concerned.

So, please quit attacking me on the basis of "my mistakes" by citing what George Bush did. And, your answer is simple -- yours is the mushy mind.
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#25 User is offline   Al_U_Card 

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Posted 2009-May-20, 17:44

jonottawa, on May 20 2009, 11:17 AM, said:

Realpolitik my ass. The Bush administration was full of chickenhawks, religious zealots, neo-fascists, crony-capitalists and demagogues and virtually every one of their policies showed it.

Here are the 14 defining characteristics of fascism. Let's see how many can be fairly said to apply to the Bush administration.

1. Powerful and continuing nationalism. Check
2. Disdain for the recognition of human rights. Check
3. Identification of enemies/scapegoats as a unifying cause. Check
4. Supremacy of the military. Check
5. Rampant sexism. Not so much.
6. Controlled mass media. Check
7. Obsession with national security. Check
8. Religion and government are intertwined. Check
9. Corporate power is protected. Check
10. Labor power is suppressed. Check
11. Disdain for intellectuals and the arts. Check
12. Obsession with crime and punishment. Check
13. Rampant cronyism and corruption. Check
14. Fraudulent elections. Check

Here's a good slogan for the Republicans in 2010: 'Hey, we're not TECHNICALLY fascists, because we're not sexist!'

Fascists are just corporate elite socialists..... :ph34r:
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#26 User is offline   Winstonm 

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Posted 2009-May-20, 17:58

Couple items, Ken,

I think you are overusing your argument about "public danger". Here is the quote your provided concerning the Constitution:

Quote

"except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger."


I think that is pretty clear that the exception arises only to define when it the military has jurisdiction, and the "public danger" portion of quote applies only when those forces have been committed to act - "when in actual service" is the key phrase - if no forces have been committed to act then the exception does not apply.
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#27 User is offline   Winstonm 

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Posted 2009-May-20, 18:02

vuroth, on May 19 2009, 03:04 PM, said:

Winstonm, on May 15 2009, 08:23 PM, said:

So why is there a class of people who are accused of terrorism who are being treated differently than Padilla, Moussaoui, and others who have been prosecuted for terrorism in U.S. district courts? That is, under what justification are some accused terrorists provided one route — i.e., the federal court route — for determining their guilt and their punishment while others are subjected to another route — i.e., the military-commission route?

Wait, it's a complicated, bizarre conspiracy that people who break American laws on foreign soil and are not American citizens can not be tried in a criminal proceding? :ph34r:

If you don't know what the debate is about you might want to refresh by reading the original post again - the complaint is that the rule of law has been pushed aside in favor of the discretion of men.
"Injustice anywhere is a threat to justice everywhere."
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#28 User is offline   blackshoe 

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Posted 2009-May-20, 18:04

What does "cases arising in the land or naval forces, or in the Militia" mean in this quote? I have always understood it to mean that it applies to soldiers and sailors (and marines, and air force personnel and, in time of war, Coast Guard personnel). Not to some raghead the CIA kidnapped out of his home country, or even one who came over here to crash planes into buildings. That is, at least, what I was taught it meant, in basic training some forty years ago.
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#29 User is offline   Winstonm 

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Posted 2009-May-20, 18:09

Quote

The problem is that the real debate that should have occurred and that should now occur leaves an honest man with no confident answers. Global terrorism is different. It is not something anyone could have predicted in the 1700's. Suicide bombings would never even enter their minds.


Exactly how many terrorists are there in the world? Can you quote any verifiable figures of the numbers of American terrorist enemies willing and capable of directly attacking the U.S.?

One of the mainstays of Straussian neo-conservatism is that if there is no common enemy one must be created. Are you arguing the reality of global terrorism or are you simply trying to sell us a common enemy?
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#30 User is offline   jonottawa 

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Posted 2009-May-20, 18:20

Re: ad hominem Dude, you started it with 'your brain is mushy' but whatever floats your boat. If you want to include yourself anytime I say 'most people', be my guest.

I admit I went off on a tangent. Your argument is wrong and nothing but an attempted distraction (typical Republican apologist move) but in a boring, dry, legalistic way. I broadened the debate with some fresh meat since you can (and probably will) argue all day long that your interpretation of the 'public danger' clause of the 5th amendment is correct, in spite of common sense, context, precedent, etc.

If you google 'public danger,' you will discover that the EPA has declared global warming as a public danger. So no more 5th amendment protection because of global warming. Yeah, okay.

Since you're so fond of the constitution:

"This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the contrary notwithstanding."

Treaties are the supreme law of the land. We signed treaties making torture a war crime. Prosecute war criminals. We signed treaties governing the treatment of prisoners of war. We violated those treaties.

You want a nightlight to keep you safe from the terrrists, knock yourself out.
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#31 User is offline   kenrexford 

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Posted 2009-May-20, 18:25

Winstonm, on May 20 2009, 06:58 PM, said:

Couple items, Ken,

I think you are overusing your argument about "public danger". Here is the quote your provided concerning the Constitution:

Quote

"except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger."


I think that is pretty clear that the exception arises only to define when it the military has jurisdiction, and the "public danger" portion of quote applies only when those forces have been committed to act - "when in actual service" is the key phrase - if no forces have been committed to act then the exception does not apply.

Two contrasting perspectives.

I think the military is in "actual service" right now, "committed to act" if you will. Not sure, but they seem to talk about it a lot on the news. Plus, I think those guys in Gitmo were captured by soldiers.

On the other hand, this might mean that grand jury process is suspended when prosecuting OUR soldiers, not necessarily THEIR soldiers, or whatever they are called. That seems plausible, but I don't think that's what is meant. I may be wrong.

Now, an interesting observation I have never made before. Article III, Section 2, says that trial of ALL crimes shall be by jury. It specifies that when the crime is committed outside of any State, Congress shall declare where. So, any crime seems to require trial by jury, at least.

I also note that habeas corpus can be suspended if there is rebellion or "invasion," if the "public safety" requires it. However, this is described as a congressional power.

The sixth amendment uses the term "all," but it seems strange in that it doesn't seem to address what happens when a crime is committed outside the States. Furthermore, I'm not sure when an act truly is a "crime" and not simply an "invasion."

The fourteenth amendment discusses "privileges and immunities" of citizens. Non-citizens are not protected and by definition must not have these privileges and immunities. For, if any privilege or immunity is afforded to a citizen and deemed one specific to citizenship, then by it very nature a non-citizen does not have that same privilege or immunity.

Ultimately, I think the most important amendment to this debate is the 21st.
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#32 User is offline   Lobowolf 

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Posted 2009-May-20, 18:25

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Posted 2009-May-20, 18:29

kenrexford, on May 20 2009, 07:25 PM, said:

Ultimately, I think the most important amendment to this debate is the 21st.

I agree! Partly because I need the drink, and partly because this thread is amusing and amazing enough in parts to make me feel as though I've already had 10.
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#34 User is offline   Winstonm 

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Posted 2009-May-20, 18:33

Quote

I think the military is in "actual service" right now, "committed to act" if you will. Not sure, but they seem to talk about it a lot on the news. Plus, I think those guys in Gitmo were captured by soldiers


If so, then Geneva applies. It is either one or the other.

The Feith Illusory argument is just that: illusion. You don't have to wear red coats and march in a straight line to be covered under the Geneva Conventions - under Geneva you are either a soldier or a civilian, with protections for both.

Quote

I also note that habeas corpus can be suspended if there is rebellion or "invasion," if the "public safety" requires it. However, this is described as a congressional power


This is what brings about revolutions and civil wars - there is never a time when habeus corpus should be suspended in criminal proceedings. If it is not a criminal proceeding, then it must by its nature be military.

Torture is one of the main reasons nations agreed to Geneva Conventions.
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Posted 2009-May-20, 18:39

Winstonm, on May 20 2009, 07:33 PM, said:

Torture is one of the main reasons nations agreed to Geneva Conventions.

More specifically, the notion that we if agreed to treat Country X's citizens a certain way, they'd do the same for ours. Al Qaeda, I'm guessing, not so much.

The contradictory parts of the Geneva Convention(s) I've seen posted are interesting, but why do you think your favorite parts are more valid than the parts that explicitly state that it applies to signatories and to non-signatories who abide by its terms?
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Posted 2009-May-20, 18:48

Lobowolf, on May 20 2009, 07:39 PM, said:

Winstonm, on May 20 2009, 07:33 PM, said:

Torture is one of the main reasons nations agreed to Geneva Conventions.

More specifically, the notion that we if agreed to treat Country X's citizens a certain way, they'd do the same for ours. Al Qaeda, I'm guessing, not so much.

The contradictory parts of the Geneva Convention(s) I've seen posted are interesting, but why do you think your favorite parts are more valid than the parts that explicitly state that it applies to signatories and to non-signatories who abide by its terms?

This sideshow is completely irrelevant as far as torture is concerned. The US should not torture because torture is wrong, and because it is counter-productive. But if you need a rule that forbids torture, the US has signed (under President Reagan) and ratified the UN convention against torture.
http://en.wikipedia.org/wiki/United_Nation...Against_Torture
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#37 User is offline   Lobowolf 

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Posted 2009-May-20, 19:00

cherdanno, on May 20 2009, 07:48 PM, said:

Lobowolf, on May 20 2009, 07:39 PM, said:

Winstonm, on May 20 2009, 07:33 PM, said:

Torture is one of the main reasons nations agreed to Geneva Conventions.

More specifically, the notion that we if agreed to treat Country X's citizens a certain way, they'd do the same for ours. Al Qaeda, I'm guessing, not so much.

The contradictory parts of the Geneva Convention(s) I've seen posted are interesting, but why do you think your favorite parts are more valid than the parts that explicitly state that it applies to signatories and to non-signatories who abide by its terms?

This sideshow is completely irrelevant as far as torture is concerned. The US should not torture because torture is wrong, and because it is counter-productive. But if you need a rule that forbids torture, the US has signed (under President Reagan) and ratified the UN convention against torture.
http://en.wikipedia.org/wiki/United_Nation...Against_Torture

My previous post wasn't to rehash the torture thread, but to speak to the initial post in this one -- alternative jurisdictions for certain detainees.

To the extent that Winston brings up the Geneva Convention to support the proposition that you're either a POW or a criminal arrestee, and mentions that torture was one of the reasons it was signed, it's worth looking at the nature of a "treaty."

A treaty isn't something you sign BECAUSE you have a deep-rooted sense that action X is wrong. You could just stop doing action X. A treaty, by its nature, is a "We won't if you won't" document.

Again, this is not to advocate torture, or to suggest that the US hasn't broken any treaties to which it's a party. This is just to point out something that is pretty obvious -- there's an inherent mutuality in a treaty. I don't think there are any active treaties signed by only one party. When it comes to Al Qaeda and the Geneva Convention, that mutuality is...suspect.

Portions of the Geneva Convention (and other documents) have been posted that suggest that all detainees are covered by it. On the other hand, it also says on its face that it applies to signatories and non-signatories who abide by it, so at the very least, it's extremely inconsistent as far as the extent of its applicability.

At the risk of being understood, I'll reiterate - this is with respect to enemy combatant military detention, not torture. The T-Word appears in my previous post because it appeared in the post I was responding to.
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#38 User is offline   Winstonm 

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Posted 2009-May-20, 19:05

Lobowolf, on May 20 2009, 07:39 PM, said:

Winstonm, on May 20 2009, 07:33 PM, said:

Torture is one of the main reasons nations agreed to Geneva Conventions.

More specifically, the notion that we if agreed to treat Country X's citizens a certain way, they'd do the same for ours. Al Qaeda, I'm guessing, not so much.

The contradictory parts of the Geneva Convention(s) I've seen posted are interesting, but why do you think your favorite parts are more valid than the parts that explicitly state that it applies to signatories and to non-signatories who abide by its terms?

I thought this debate had been settled long ago....by the U.S. Supreme Court

Quote

Washington Post Staff Writers
Wednesday, July 12, 2006; Page A01

The Bush administration has agreed to apply the Geneva Conventions to all terrorism suspects in U.S. custody, bowing to the Supreme Court's recent rejection of policies that have imprisoned hundreds for years without trials.

The Pentagon announced yesterday that it has called on military officials to adhere to the conventions in dealing with al-Qaeda detainees. The administration also has decided that even prisoners held by the CIA in secret prisons abroad must be treated in accordance with international standards, an interpretation that would prohibit prisoners from being subjected to harsh treatment in interrogations, several U.S. officials said.

"Injustice anywhere is a threat to justice everywhere."
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#39 User is offline   cherdanno 

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Posted 2009-May-20, 19:13

Lobowolf, on May 20 2009, 08:00 PM, said:

To the extent that Winston brings up the Geneva Convention to support the proposition that you're either a POW or a criminal arrestee, and mentions that torture was one of the reasons it was signed, it's worth looking at the nature of a "treaty."

A treaty isn't something you sign BECAUSE you have a deep-rooted sense that action X is wrong. You could just stop doing action X. A treaty, by its nature, is a "We won't if you won't" document.

Again, this is not to advocate torture, or to suggest that the US hasn't broken any treaties to which it's a party. This is just to point out something that is pretty obvious -- there's an inherent mutuality in a treaty. I don't think there are any active treaties signed by only one party. When it comes to Al Qaeda and the Geneva Convention, that mutuality is...suspect.

I think of the Geneva convention as a treaty where we promise to not do X because it is wrong. We make it a treaty so that more follow along in not doing X, which makes the world a better place, but we would stop it anyway.
(Oh and of course Al Qaeda won't ever sign the Geneva convention, but the US not following the Geneva convention has certainly helped their recruiting efforts in Iraq.)
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#40 User is offline   Lobowolf 

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Posted 2009-May-20, 19:22

cherdanno, on May 20 2009, 08:13 PM, said:

(Oh and of course Al Qaeda won't ever sign the Geneva convention, but the US not following the Geneva convention has certainly helped their recruiting efforts in Iraq.)

Ahhhhh, maybe, but definitely? And to what extent? I don't believe everything I hear from the government about what happens in the Middle East, but I don't believe everything I hear from the government's most ardent detractors, either. I just don't know how many people I can see saying, "Well, I was going to be an actuary if the USA had followed the Geneva Convention(s), but since they don't, I guess I'll go into my second love, improvised explosive devices."
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