Nothing Like the Day Before Thanksgiving for a Military Commissions Announcement

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Wednesday, November 25, 2009 at 12:06 pm

Midday on Wednesday Nov. 25, one of the busiest travel times of the year, and journalists stuck in check-in lines at the airport frustratingly checking their mobile devices find this pre-Thanksgiving gift from the Department of Defense:

Today, prosecutors in the Office of Military Commissions announced they intend to ask the convening authority to refer new charges under the recently-enacted Military Commissions Act of 2009 against Ahmed Mohammed Ahmed Haza al Darbi, in connection with his alleged involvement in an al Qaeda conspiracy to attack military and commercial shipping in the Port of Aden and the Straits of Hormuz.

This announcement follows the attorney general’s determination on Nov. 13, 2009, that a military commission was the appropriate forum for prosecution of al Darbi.

al-Darbi has apparently not actually committed an act of terrorism, but if prosecutors are correct about his attendance at an al-Qaeda training camp, they have more than enough to convict him for conspiracy. So why try him in a military commission and not a civilian court? Even if the Obama administration has a compelling answer, don’t look for an answer today, as it’s right before Thanksgiving, an ideal time to drop a controversial decision without explaining it.

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Comments

9 Comments

andy
Comment posted November 25, 2009 @ 1:46 pm

not sure what distinction you're trying to draw between “act of terrorism” = military commission but “conspiracy” = civilian court. The general law in criminal law as I understand it is that conspiracy is considered part of the intended crime. So if you're saying that IF he had committed an act of terrorism he should be tried by a military commission, but if they're just going to get him on conspiracy then it should be civilian court, then that ignores the general reasoning re criminal conspiracy.

As US civil law probably does not easily extend to acts such as attacks on military and commercial shipping in the Port of Aden and the Straits of Hormuz, and since attacks on the military there would probably meet the criteria for the military commission route, then the underlying conspiracy (even if the attacks never did happen) would be more appropriate for the military commission.

I don't think a snarky dig at the Obama White House is really that necessary in order to have legal points explained to you – just ask a lawyer.


Odds and ends for 11/25 « Blog on the Run: Reloaded
Pingback posted November 25, 2009 @ 8:41 pm

[...] before a four-day holiday weekend (for those who work in or cover the government), the government announces it is filing new charges against a terrorism-conspiracy suspect under the Military Commissions Act of [...]


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Comment posted November 26, 2009 @ 12:28 am

“al-Darbi has apparently not actually committed an act of terrorism” it is so not American style, i think US should do something before it become a real threat


triathlon
Comment posted November 26, 2009 @ 2:25 pm

BLACK FRIDAY

[The Weekend After Thanksgiving]

Now, it’s going to be the weekend after Thanksgiving and all thru the house [He Who Must Obey] is working his backside off and pulling his hair out. There are a lot of views of Black Friday the day after Thanksgiving, for the retailer this year they are starting at a [17%] Seventeen Percent down from last year as that’s the amount that the retailers decided not to stock up on with a [20.4%] Twenty-Point-Four actual unemployment figure. And, for [She Who Must Be Obeyed] well women were born to shop, with [He Who Must Obeys Cash], but for he who must obey it’s the day after Turkey and games, now all those Christmas Decorations that didn’t work last year or well out of date will be purchased, Made In China, from Walmart. Now, that’s not the bad part about the whole deal, SATURDAY, AND SUNDAY, no rest for the wicked, those new decorations aren’t getting up by themselves, and quest who to is either be the one crawling up in the attic or down in the basement, or out in the garage or shed, pulling out the Christmas Decorations, you got it [He Who Must Obey].

[The Plan]

Now, [He Who Must Obey] every year comes up with a plan, but you guessed it, the best laid plans of mice and men are [ALWAYS], led astray, and so it is with Christmas Decorations, you forgot were what was stored, and [She Who Must Be Obeyed] has a mind like a steel trap, she knows it was here last year, and guess who has to either find it or go and try and buy the exact out of manufacture item, or go on E-Bay to pay more than its worth to get. Let’s get back to the plan, well some of the first timers put things into cardboard boxes and that’s how you know he’s a novice at this, the old timer gets the plastic containers the ones that have a lid that closes down tight not the ones with the cute fold into each other things, they leak, and mice and insects get into them and guess what those things that [She Who Must Be Obeyed] had when she was a little [She Who Must Be Obeyed] become damaged or worse ruined, and you don’t want to deal with that.

[Making the List]

Making the List, checking it once, twice, thrice, of Christmas Decorations, what box there in and were in the word did you stick it, it’s a matter of life and death. Now, the computer is a great thing, its better than a pocket memory the pad of paper and pencil that has been replaced with the new electronic version. So, what you can do is use that new electronic pocket memory, and as you put things into those plastic containers that seal tight, text them into those electronic pocket memories, what you put in them, try to do it by were they go, [Tree Ornaments, Hallway, She who must be obeyed Christmas clothes, and ear rings, coffee cups, and those items in a very special plastic box in a special place of those that she that must be obeyed had a little she who must be obeyed], numbering the boxes would be a good idea, not with anything that can come off, using a marking pencil or whatever, NO TAPE WITH A NUMBER or Letter, you use numbers, letters, symbols, whatever trips your trigger, but use something that you understand. Then go to the computer and make a list, create a file/folder whatever on your computer hard-drive, then make a back up disk, then make a printed hard-copy and place one in each of those plastic boxes with the lids that seal in one of those glad-plastic- zippie things, and if you are lucky next Christmas it won’t take all day Saturday, after Thanksgiving just to locate the plastic boxes that seal tight with all the Christmas Decoration.

[Christmas Music]

Now, there is holiday music from A to Z [That’s Z for Zed for those in the Northeast and Z for Zorro in the Southwest], Celtic, Chanukah classic, Disney, [KIDS] Snoopy and The Red Baron, Motown, strange, Now, there is holiday music from A to Z [That’s Z for Zed for those in the Northeast and Z for Zorro in the Southwest], traditional, Celtic, Chanukah classic, Disney, [KIDS], Motown, strange, traditional, Trans-Siberian Orchestra, and my favorite Mannheim Steamroller, weird [Weird Al Yankovich], and of course the master Bing Crosby, but [She Who Must Be Obeyed is a Kid and Weird Al Fan. But that being said, for the novice [He Who Must Obey], you got to muster up the courage to put your foot down about one thing, Christmas Music, during what hours it can be played during the day, and it starts Thanksgiving Day and ends New Year Eve, the next day put all those [CD,s/Records/Tapes/ Whatever], all in one of those plastic boxes with the lids that seal tight and make sure they are first to be put in the attic, basement, garage, shed, at the bottom in the back, first thing, in last thing out, if not [and/or] purchase a good set of ear plugs or create a sound proof room somewhere in the house, the other option is to retreat into the garage/ in the Northeast heat your garage, or for those in the Northeast [3] three layers of clothes, send to Russia for those hats with the fur, and a pair of heated socks, put the extra television on the work table pull out the summer lawn chair, it’s the only choice to not losing with little sanity your going to have left after the Christmas season and the credit card bill comes in.

[Christmas Lights]

Simple, don’t bother trying to replace the little lights; buy a new strand, life is too short to go thru that aggregation.

[BRANDY]

KEEPS YOU WARM AND SANE DURING THE CHRISTMAS SEASON, BUY YOURSELF AN EXPENSIVE BOTTLE GUYS YOU DESERVE IT, HAPPY BLACK FRIDAY!!

She Who Must Be Obeyed just came in and told me if her [CD’s] weren’t back were they belong she’s going to kill me!!

HERCULE TRIATHLON SAVINIEN
HARD-CORE-INDEPENDENT-TEA-BAGGER


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Comment posted January 22, 2010 @ 12:59 am

I'm so glad the war isn't as big as it was a year ago. Things aren't great, but we're just very lucky


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Comment posted January 22, 2010 @ 5:59 am

I'm so glad the war isn't as big as it was a year ago. Things aren't great, but we're just very lucky


mens fashion
Comment posted May 13, 2010 @ 1:03 pm

Since they have determined him attending an Al-Qaeda training camp, then it is better to be careful and restrict him and his air travel for the safety of all passengers.


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Comment posted May 26, 2010 @ 4:55 pm

What is the current status of al-Darbi? Was he tried eventually in military commission or civilian court?


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Comment posted July 26, 2011 @ 7:06 am

Very informative post thanks for share this with us i highly appreciate you for this information thanks once again for sharing information like this!


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