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maani
Special Collaborator
Founding Moderator
Joined: January 30 2004
Location: United States
Status: Offline
Points: 2632
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Topic: I Will Not Go Quietly! Posted: July 21 2005 at 23:10 |
All:
I'm not sure if you have heard, but tomorrow, Friday, July 22, NYC will become the "testing ground" for the first illegal "police state" action in the U.S.
Ostensibly in response to the two London bombings, the NYPD will begin conduting "spot searches" of the bags and knapsacks of citizens getting on subways and buses. If an officer asks to search a bag and the person refuses, the person will not be permitted to board the subway or bus.
This action is completely illegal under federal, state and city law. Indeed, until tomorrow, had a police officer requested any citizen of NYC to show ID or to undergo a "spot search" of their belongings, and the person had refused, the office would have been obligated to allow that person to go about their business, including using public transportation. The only circumstance under which an NYPD officer can detain a person is if that officer has "reasonable cause" to believe that the person has either just committed a crime or is about to commit a crime. It is not enough that a person is simply carrying a bag onto public transportation.
Note that even the London authorities have not instituted - or even considered - this type of action, despite being hit twice.
I cannot tell you how outraged I am at this blatant move toward "police state" tactics. I will tell you this. If an NYPD officer asks to inspect my bag, I will refuse, simply out of principle. [N.B. The searches will be conducted at random, so I am as likely as not to be challenged.] And if s/he orders me out of the subway or bus, I will refuse this as well, and challenge his/her authority to do so under the Constitution or the laws of NYC.
And if anyone thinks I am overreacting, consider the following words of Pastor Martin Niemoeller just after WWII: "First they came for the Communists, but I was not a Communist, so I did not speak out. Then they came for the Socialists and Trade Unionists, but I was neither, so I did not speak out. Then they came for the Jews, but I was not a Jew, so I did not speak out. And when they came for me, there was no one left to speak out for me."
Peace.
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Man With Hat
Collaborator
Jazz-Rock/Fusion/Canterbury Team
Joined: March 12 2005
Location: Neurotica
Status: Offline
Points: 166183
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Posted: July 21 2005 at 23:17 |
Good Man. Unfortunately it won't work that well, methinks. I hope it does and you can but it appears bleak. But, all the best to ya.
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PS- I like the quote.
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Dig me...But don't...Bury me I'm running still, I shall until, one day, I hope that I'll arrive Warning: Listening to jazz excessively can cause a laxative effect.
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Cygnus X-2
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Joined: December 24 2004
Location: Bucketheadland
Status: Offline
Points: 21342
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Posted: July 21 2005 at 23:30 |
Do whatever you feel is right Maani. It's a tough time for everybody nowadays, and now they do this. I support you fully!
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NetsNJFan
Prog Reviewer
Joined: April 12 2005
Location: United States
Status: Offline
Points: 3047
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Posted: July 21 2005 at 23:33 |
Maani planning an attack?
Really you are comparing the NYPD, brave, underpaid citizens who keep our streets safe to the Nazis. A bit much don't you think?
Better they trample a few civil rights which in our society protect criminals more than common folk and try to prevent an attack.
If you don't want to get searched, don't ride in the Subways, NYC property, where they have every right to keep things safe.
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Ivan_Melgar_M
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Joined: April 27 2004
Location: Peru
Status: Offline
Points: 19557
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Posted: July 22 2005 at 01:16 |
Constitutional Rights is an issue in which I will always agree with you Maani, especially for my formation in laws, but I believe emergency times need drastic measures.
According to International Constitutional Doctrine if two rights are in collision (The right to seccurity and life against the right to privacy in this case) the Government has to select which is more urgent to protect and sacrifice one of them, but only while the emergency or urgency is evident and persists.
In this case the right to life and seccurity is more urgent to protect, but this places us in another situation:
- What if the police finds drugs or stolen property (for example ) in a woman's purse.
According to Constitutional rights the emergency situation allows the police to search for weapons and/or explosives, so they should leave the drugs or stolen property of the woman in her purse as if the search would have never existed because they should not be searching for drugs, if not, this search would be illegal, because it would not be related to the emergency situation.
Are the authorities willing to accept this limits?
We had almost two decades of mad terrorism in Perú and it cost 50,000 lives, so the Government had to take drastic measures like this and people accepted this because it was worst to see people die every day.
But I understand your rage, it's always hard to sacrifice Constitutional Rights.
Iván
Edited by ivan_2068
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DeathRow
Forum Newbie
Joined: February 01 2005
Status: Offline
Points: 38
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Posted: July 22 2005 at 01:39 |
ivan_2068 wrote:
<SPAN lang=EN-US style="FONT-SIZE: 11pt; COLOR: black; FONT-FAMILY: Tahoma; mso-ansi-: EN-US">Constitutional Rights is an issue in which I will always agree with you Maani, especially for my formation in laws, but I believe emergency times need drastic measures.<?:namespace prefix = o ns = "urn:schemas-microsoft-com:office:office" /><O:P></O:P></SPAN>
<SPAN lang=EN-US style="FONT-SIZE: 11pt; COLOR: black; FONT-FAMILY: Tahoma; mso-ansi-: EN-US">According to International Constitutional Doctrine if two rights are in collision (The right to seccurity and life against the right to privacy in this case) the Government has to select which is more urgent to protect and sacrifice one of them, but only while the emergency or urgency is evident and persists.<O:P></O:P></SPAN>
<SPAN lang=EN-US style="FONT-SIZE: 11pt; COLOR: black; FONT-FAMILY: Tahoma; mso-ansi-: EN-US">In this case the right to life and seccurity is more urgent to protect, but this places in <SPAN style="mso-spacerun: yes"> </SPAN>another situation:<O:P></O:P></SPAN>
<UL ="square">
<LI style="MARGIN: 0cm 0cm 0pt; COLOR: black; mso-margin-top-alt: auto; mso-margin-bottom-alt: auto; mso-list: l0 level1 lfo1; tab-stops: list 36.0pt" ="Msonormal"><SPAN lang=EN-US style="FONT-SIZE: 11pt; FONT-FAMILY: Tahoma; mso-ansi-: EN-US">What if the police finds drugs or stolen property (for example ) in a woman's purse. <O:P></O:P></SPAN>
<P style="MARGIN: 0cm 0cm 0pt"><SPAN lang=EN-US style="FONT-SIZE: 11pt; COLOR: black; FONT-FAMILY: Tahoma; mso-ansi-: EN-US">According to Constitutional rights the emergency situation allows the police to search for weapons and/or explosives, so they should leave the drugs or stolen property of the woman in her purse as if the search would have never existed because they should not be searching for drugs, if not, this search would be illegal, because it would not be related to the emergency situation.</SPAN>
<P style="MARGIN: 0cm 0cm 0pt"><SPAN lang=EN-US style="FONT-SIZE: 11pt; COLOR: black; FONT-FAMILY: Tahoma; mso-ansi-: EN-US"></SPAN>
<P style="MARGIN: 0cm 0cm 0pt"><SPAN lang=EN-US style="FONT-SIZE: 11pt; COLOR: black; FONT-FAMILY: Tahoma; mso-ansi-: EN-US"></SPAN>
<P style="MARGIN: 0cm 0cm 0pt"><SPAN lang=EN-US style="FONT-SIZE: 11pt; COLOR: black; FONT-FAMILY: Tahoma; mso-ansi-: EN-US"></SPAN><SPAN lang=EN-US style="FONT-SIZE: 11pt; COLOR: black; FONT-FAMILY: Tahoma; mso-ansi-: EN-US">Are the authorities willing to accept this limits?</SPAN>
<P style="MARGIN: 0cm 0cm 0pt"><SPAN lang=EN-US style="FONT-SIZE: 11pt; COLOR: black; FONT-FAMILY: Tahoma; mso-ansi-: EN-US"></SPAN>
<P style="MARGIN: 0cm 0cm 0pt"><SPAN lang=EN-US style="FONT-SIZE: 11pt; COLOR: black; FONT-FAMILY: Tahoma; mso-ansi-: EN-US"></SPAN>
<P style="MARGIN: 0cm 0cm 0pt"><SPAN lang=EN-US style="FONT-SIZE: 11pt; COLOR: black; FONT-FAMILY: Tahoma; mso-ansi-: EN-US"></SPAN><SPAN lang=EN-US style="FONT-SIZE: 11pt; COLOR: black; FONT-FAMILY: Tahoma; mso-ansi-: EN-US">We had almost two decades of mad terrorism in Perú and it cost 50,000 lives, so the Government had to take drastic measures like this and people accepted this because it was worst to see people die every day.</SPAN>
<P style="MARGIN: 0cm 0cm 0pt"><SPAN lang=EN-US style="FONT-SIZE: 11pt; COLOR: black; FONT-FAMILY: Tahoma; mso-ansi-: EN-US"></SPAN>
<P style="MARGIN: 0cm 0cm 0pt"><SPAN lang=EN-US style="FONT-SIZE: 11pt; COLOR: black; FONT-FAMILY: Tahoma; mso-ansi-: EN-US"></SPAN>
<P style="MARGIN: 0cm 0cm 0pt"><SPAN lang=EN-US style="FONT-SIZE: 11pt; COLOR: black; FONT-FAMILY: Tahoma; mso-ansi-: EN-US"><O:P></O:P></SPAN>
<P style="MARGIN: 0cm 0cm 0pt"><SPAN lang=EN-US style="FONT-SIZE: 11pt; COLOR: black; FONT-FAMILY: Tahoma; mso-ansi-: EN-US"><O:P></O:P></SPAN>
<P style="MARGIN: 0cm 0cm 0pt"><SPAN lang=EN-US style="FONT-SIZE: 11pt; COLOR: black; FONT-FAMILY: Tahoma; mso-ansi-: EN-US">But I understand your rage, it's always hard to sacrifice Constitutional Rights.</SPAN><SPAN lang=EN-US style="FONT-SIZE: 11pt; COLOR: black; FONT-FAMILY: Tahoma; mso-ansi-: EN-US"> <O:P></O:P></SPAN>
<SPAN lang=EN-US style="FONT-SIZE: 11pt; COLOR: black; FONT-FAMILY: Tahoma; mso-ansi-: EN-US; mso-fareast-font-family: 'Times New Roman'; mso-fareast-: ES; mso-bidi-: AR-SA">Iván</SPAN> |
Good post, couldn't agree more :Y:
But it's a real shame it has come to this :(
editorial: It seems my compu doesn't handle quotes very well, sorry for the messy part of the quote :$
Edited by DeathRow
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PEACE OUT
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James Lee
Special Collaborator
Honorary Collaborator
Joined: June 05 2004
Status: Offline
Points: 3525
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Posted: July 22 2005 at 02:47 |
I'm always suprised how willing people are to do the state's rationalizing for them.
The civil rights of this country were not created with the footnote "when convenient".
Civil rights are a by definition a contract between the people and the
state. Yet it is purely a decision of the state to break the deal, and
the people have little redress. All that is needed is for the state to
create a situation in which they can convince the people that giving up
their rights is a necessary tool to end the crisis. Do you honestly
believe that these measures will hasten the end of the current
conflict?
Even if our rights were so optional that we could allow them to be
ignored in times of extreme crisis, THIS IS NOT ONE OF THOSE TIMES. For
one thing, martial law (which is what we're talking about, don't kid
yourselves) seems to be a pretty extreme response when you consider
that our country is running just as smoothly as it did a year ago, or
two years ago, or on 9/10. You've all heard Bush & Co. speaking of
a 'war that could last indefinitely'- so are you prepared to set aside
your rights indefinitely? A little here, a little there, not too much
to ask for those who love freedom and democracy...except that it is
exactly freedom and democracy that we are exchanging for an illusion of
safety.
If we continue on this course, the US will be fighting two wars; one
with the amorphous 'terrorists' and one with those of us who love
America and want to preserve what it used to stand for. Of course, by
that time the rest of you will all be conditioned to think of us as
terrorists as well.
Edited by James Lee
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nacho
Forum Senior Member
Joined: November 18 2004
Location: Spain
Status: Offline
Points: 521
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Posted: July 22 2005 at 03:08 |
I feel so sad for you, my friends. It seems that terrorists are winning a battle there... 
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Eppur si muove
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tuxon
Forum Senior Member
Joined: September 21 2004
Location: plugged-in
Status: Offline
Points: 5502
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Posted: July 22 2005 at 03:10 |
nacho wrote:
I feel so sad for you, my friends. It seems that terrorists are winning a battle there... 
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comprendre
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I'm always almost unlucky _ _ _ _ _ _ _ _ Id5ZcnjXSZaSMFMC Id5LM2q2jfqz3YxT
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BaldJean
Prog Reviewer
Joined: May 28 2005
Location: Germany
Status: Offline
Points: 10387
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Posted: July 22 2005 at 03:32 |
NetsNJFan wrote:
Maani planning an attack?
Really you are comparing the NYPD, brave, underpaid citizens who keep our streets safe to the Nazis. A bit much don't you think?
Better they trample a few civil rights which in our society protect criminals more than common folk and try to prevent an attack.
If you don't want to get searched, don't ride in the Subways, NYC property, where they have every right to keep things safe. |
trying to protect a democracy by abandoning civil rights is not an approach that is going to work. a democracy will self-destroy that way, playing right into the hands of the terrorists. this does by no means mean we are helpless against terrorism though.
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A shot of me as High Priestess of Gaia during our fall festival. Ceterum censeo principiis obsta
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stonebeard
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Joined: May 27 2005
Location: NE Indiana
Status: Offline
Points: 28057
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Posted: July 22 2005 at 03:51 |
While we're on the topic of "combating terror" at the cost of our civil liberites:
Because of the terror attacks in London and with all the overblown media coverage of the Supreme Court nomination, little time was spent discussing the fact that today the House of Reps. voted to extend and cement the Patriot Act.
For better or worse, we will just have to deal with all this sh*t as Americans, and if all this extremism keeps happening overseas, you Brits may find yourselves in our position as well.
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Sean Trane
Special Collaborator
Prog Folk
Joined: April 29 2004
Location: Heart of Europe
Status: Offline
Points: 20414
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Posted: July 22 2005 at 04:00 |
Maani:
This brings you back to your post in the 4th of july, doesn't it?
The one that caused a few rattles among the security ladden compatriots.
I have refused to go on mission to the US lately , simply because I find the security measures to get in (and get on board) humiliating and demeaning - imprints , searches and everything.
And NNJFan, your point of view is much closer to 3rd Reich nostalgic than Maani's comparison of police means to arrest somebody who does not accept humiliation by being searched. However police is only doing what the orders are telling them what to do.
The real issue is simply being shunned here: US imperialism. Is it worthy for Americans to get searched twice a day going to work (the NYC subway/busses has no alternative if you have to go to work so the choice of not taking it is not an option) just so a few assholes can get even richer , buy their fifth yacht, have their third private golf course and have finally that solid gold pool filled with mare milk they promised their wives after they shot their mouthes up in the latest garden party in upstate Conneticut.
America , Land Of The Free!
America, I pity thee!
But I also grieve and ache for you.
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let's just stay above the moral melee prefer the sink to the gutter keep our sand-castle virtues content to be a doer as well as a thinker, prefer lifting our pen rather than un-sheath our sword
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Tony R
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Honorary Collaborator / Retired Admin
Joined: July 16 2004
Location: UK
Status: Offline
Points: 11979
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Posted: July 22 2005 at 04:03 |
"There's none so blind as those who will not look"
Anyone who agrees with the temporary cessation of a nation's civil rights (and we are not talking about scalping free tickets here) is blind.The quote that Maani provided is so apt.
"First they came for the Communists, but I was not a Communist, so I did not speak out. Then they came for the Socialists and Trade Unionists, but I was neither, so I did not speak out. Then they came for the Jews, but I was not a Jew, so I did not speak out. And when they came for me, there was no one left to speak out for me."
When you so easily talk away the rights of millions of people living in a distant country and whoop and cheer as the "smart bombs" hit their targets,shattering the bodies of innocent human beings-you'd better be certain that it's not your turn next.
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James Lee
Special Collaborator
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Status: Offline
Points: 3525
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Posted: July 22 2005 at 04:04 |
stonebeard wrote:
Because of the terror attacks in London and with all the overblown
media coverage of the Supreme Court nomination, little time was spent
discussing the fact that today the House of Reps. voted to extend and
cement the Patriot Act.
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coincidence?
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stonebeard
Forum Senior Member
Joined: May 27 2005
Location: NE Indiana
Status: Offline
Points: 28057
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Posted: July 22 2005 at 04:17 |
are you suggesting that the Republican party is in any way trying to distract us....
HEY!!!
WHAT ARE YOU DOING HERE!!!!!
**struggles with Republican assasssin**
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Sean Trane
Special Collaborator
Prog Folk
Joined: April 29 2004
Location: Heart of Europe
Status: Offline
Points: 20414
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Posted: July 22 2005 at 04:51 |
stonebeard wrote:
are you suggesting that the Republican party is in any way trying to distract us....
HEY!!!
WHAT ARE YOU DOING HERE!!!!!
**struggles with Republican assasssin**
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If the Democrats are republicans,
I am not so sure the Republicans are democrats !
Their will to control everything especially the civil liberties, just to protect a given few's personal interest is definitely very worrying.
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let's just stay above the moral melee prefer the sink to the gutter keep our sand-castle virtues content to be a doer as well as a thinker, prefer lifting our pen rather than un-sheath our sword
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The Doctor
Special Collaborator
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Joined: June 23 2005
Location: The Tardis
Status: Offline
Points: 8543
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Posted: July 22 2005 at 10:37 |
The problem I have with laws like these is that they will be completely ineffective and very inconvenient. In the interests of maintaining political correctness and to avoid the appearance of racial profiling, the NYPD will almost never stop and search someone of arab descent. Instead, they will pick on the teenaged blonde girls (this is something I saw happen at the airport after 9/11..they passed by the Muslim and went for the girl next door), and anyone else who happens to be of any race other than the race we should be watching out for. Meanwhile the terrorists will be allowed to board the subway trains without any interference from law enforcement. The only thing this will accomplish is to inconvenience those who would never even consider bombing a subway.
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I can understand your anger at me, but what did the horse I rode in on ever do to you?
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Sean Trane
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Joined: April 29 2004
Location: Heart of Europe
Status: Offline
Points: 20414
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Posted: July 22 2005 at 11:27 |
The Doctor wrote:
The problem I have with laws like these is that they will be completely ineffective and very inconvenient. In the interests of maintaining political correctness and to avoid the appearance of racial profiling, the NYPD will almost never stop and search someone of arab descent. Instead, they will pick on the teenaged blonde girls (this is something I saw happen at the airport after 9/11..they passed by the Muslim and went for the girl next door), and anyone else who happens to be of any race other than the race we should be watching out for. Meanwhile the terrorists will be allowed to board the subway trains without any interference from law enforcement. The only thing this will accomplish is to inconvenience those who would never even consider bombing a subway. |
Would it not be simpler to pull out of Irak? As this would probably stop some killing (albeit not all) both in Irak and in the western world. It is clear now that Saddam Hussein , although a bloody tyrant , was a better option than the Bush-created mess. He was never Al-qaeda since his regime was socialist based and atheist also (#2 and #5 Baasists were christians). But Bush wants crude oil as an exchange and in return for US gov't money spent there, Guess in which pocket the crude oil falls , certainly not Clinton or Heinz Ketchup circles.....
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let's just stay above the moral melee prefer the sink to the gutter keep our sand-castle virtues content to be a doer as well as a thinker, prefer lifting our pen rather than un-sheath our sword
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The Doctor
Special Collaborator
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Joined: June 23 2005
Location: The Tardis
Status: Offline
Points: 8543
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Posted: July 22 2005 at 11:32 |
Sean Trane wrote:
The Doctor wrote:
The problem I have with laws like these is that they will be completely ineffective and very inconvenient. In the interests of maintaining political correctness and to avoid the appearance of racial profiling, the NYPD will almost never stop and search someone of arab descent. Instead, they will pick on the teenaged blonde girls (this is something I saw happen at the airport after 9/11..they passed by the Muslim and went for the girl next door), and anyone else who happens to be of any race other than the race we should be watching out for. Meanwhile the terrorists will be allowed to board the subway trains without any interference from law enforcement. The only thing this will accomplish is to inconvenience those who would never even consider bombing a subway. |
Would it not be simpler to pull out of Irak? As this would probably stop some killing (albeit not all) both in Irak and in the western world. It is clear now that Saddam Hussein , although a bloody tyrant , was a better option than the Bush-created mess. He was never Al-qaeda since his regime was socialist based and atheist also (#2 and #5 Baasists were christians). But Bush wants crude oil as an exchange and in return for US gov't money spent there, Guess in which pocket the crude oil falls , certainly not Clinton or Heinz Ketchup circles.....
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Actually, I agree with you. We should not be in Iraq, although my reasons for saying so probably differ from yours. However, remember that we were not in Iraq when they flew planes into the World Trade Center. Pulling out of Iraq will not end the threat that the terrorists pose. Only keeping them out of our country will do that.
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I can understand your anger at me, but what did the horse I rode in on ever do to you?
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Ivan_Melgar_M
Special Collaborator
Honorary Collaborator
Joined: April 27 2004
Location: Peru
Status: Offline
Points: 19557
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Posted: July 22 2005 at 13:19 |
For people in USA where Civil Rights and Constitutional protection is the cornerstone of the legal system it’s hard to understand and accept a limitation of the above mentioned rights.
I also understand that for citizens who always felt save from war and terrorism (Since Pearl Harbor no attack has reached USA land until 9/11) it’s almost impossible to understand what the Government must do to protect the LIFE in the case of war on USA floor and you people aren’t willing to sacrifice anything.
Well, sadly (I sincerely feel bad for this) war has reached USA and the citizens must learn that one thing is the protection of liberties in peace time and other thing is when you’re under attack..
The prime responsibility of the Government is to protect the life and security even if this means you have to sacrifice some things.
Maybe the search without Judicial order will not stop the bombing, but it will help to prevent attacks, and if only one life is saved, the sacrifice is worthy.
We have more experience in this case because of almost 20 years with constant terrorists attacks and people protested when some liberties were limited, one of them is that the police without warrant could search any suspicious car.
Check Internet and google the phrase “Tarata Street” or “Calle Tarata” and you’ll see pictures of destroyed buildings and many dead people because of a car full of TNT and Anfo (An agricultural additive that boosts TNT strength 3 or 4 times so that just a trunk of WV full of TNT with Anfo will produce the same effect as a truck loaded with TNT).
People say that the search of cars was not effective on that case, but it’s false, the terrorist attack was planned so 4 cars, one in each corner of the block will explode at the same time. Tarata is a not a crowded street in the center of a commercial zone, but the back street is called Avenida Larco (As the Frágil album) with hundred if not thousands of people buying things, in Larco two cars were searched without order and Police found TNT with Anfo, also in the northern corner of Tarata Street another bomb car was found, the last bomb was never found until it exploded.
Hundreds of lives were saved that night, because if only one car destroyed half of a street imagine what 4 cars exploding at the same time (one on each corner) would have caused. It would have been a massacre.
Those saved lives justified the sacrifice of the right of not to be searched without a court order, and I think it’s worth.
Then the Government controlled the selling of Anfo, farmers protested, but it was necessary so everybody accepted this. Hard times require of drastic measures. At the end the leader was captured and Terrorism is almost a thing of the past.
Many International Courts have justified this measures (at least most of them), so USA citizens will have to choose between life and some civil rights.
And please don’t be so naïve to say that if USA soldiers abandon Iraq the war will end (This doesn’t mean I necessarily agree with Iraq occupation), because there will be more excuses like the support to Israel or the status of some prisoners or anything else.
So I believe that in emergency cases many unpleasant things must be done by the Government.
Iván
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