March 22nd, 2012

Solving the Puzzle of “Enemy Combatant” Status – Stewart Rhodes

The embedded PDF is a paper written by Oath keepers Founder Stewart Rhodes while attending Yale Law School in 2004. The paper “Solving the Puzzle of Enemy Combatant Status” won Yale’s Miller prize for best paper on the Bill of Rights. He also assisted teaching U.S. military history at Yale, and was a Yale Research Scholar

Download or view the PDF here:PDF

SOLVING THE PUZZLE OF “ENEMY COMBATANT” STATUS

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8 Responses to “Solving the Puzzle of “Enemy Combatant” Status – Stewart Rhodes”

1
Remember the Alamo Says:
November 14th, 2010 at 9:29 pm
Mr. Stewart Rhodes:

Thanks for your paper, “Solving the Puzzle of ‘Enemy Combatant’ Status” and the quote
Ex Parte Milligan.

I am constantly reminded of a quote by Benjamin Franklin:

“Those who would give up Essential Liberty
to purchase a little Temporary Safety,
deserve neither Liberty nor Safety.”

In “my” opinion the wars in the Middle East and Central Asia, the war(?) on terrorism, and
the Patriot Act have done more to destroy our liberties than any other events in my lifetime.

Best regards to you and OK.
2
Robin W. Tong Says:
November 18th, 2010 at 7:13 pm
Mr. Rhodes,

The struggle to form a more perfect Union did not end when the Constitution and the Bill of Rights was ratified. It is a generational burden, with its legacy and responsibilities passed from one generation to the next.

The Tree of Liberty is watered not only by the blood of patriots and tyrants, but also by the generational suffering of innocents. If ever We the People fail to meet the challenge of preserving our governance as a Republic instituted to justly and jealously guard Liberty, then tyranny will surely prevail. The annuals of our nation prove nothing less.

The Constitution does not empower governance to demand blind obedience to its decrees, nor the power to infringe upon or abolish the Bill of Rights. Even soldiers have unalienable rights, no matter the orders they receive. And they have to sworn duty uphold and protect the Constitution as their most sacred obligation.

It was a very lonely road some twenty odd years ago when I stood trial at general court martial in peril of my life for daring to demand that my rights and the rights of all soldiers under the Constitution and the UCMJ be respected. We live in darker times now, but I am filled with good cheer knowing that I am in the company of untold thousands of honorable men and women whom have not forgotten their oaths, and embrace the mission of Constitutional outreach and education.

It is an honor to stand beside you as an Oath Keeper.
3
Danny Weakland Says:
November 23rd, 2010 at 5:47 pm
Would like to get a copy to read later but I do not subscribe to any type of socialnetwork site. How can I obtain a copy? Thanks Dan
4
Matt Says:
December 2nd, 2010 at 11:15 am
Good stuff. Thank you for sharing. I was wondering if the author (or any person in the audience) would give some insight on the implications of Ashcroft v. Iqbal that was settled/dismissed about a year ago. The Supreme Court decision seems to significantly narrow the scope of the judiciary system and what is allowed, or not allowed, when taking on our elected officials in court.
5
Lee Says:
March 22nd, 2012 at 7:41 pm
Dan, where it says “Download or view the PDF here:PDF” above, click on the second PDF, the different colored one.
6
Kathryn Weishar Says:
March 23rd, 2012 at 4:26 am
Several days ago I responded to the thread Stewart wrote about the NDAA. In my response to his post I mentioned the Quirin and Milligan Ex Partes and how many wished to return to the Milligan one that suspended the writ of Habeus Corpus 9/24/1862. Ratified six months later, March 3, 1863, the Habeus Corpus Suspension Act. Habeus Corpus is not the right itself it is merely the ability to issue orders demanding the rights of enforcement.
The Milligan/Quirin Ex Partes fascinate me. I am of course no where near the calibre of Stewart Rhodes and his incredible writings. It is with respect and the desire to study these two seperate opinions more closely that I say thank you to Stewart and the enlightenment he has shown me.
My GrandFather graduated Phibeta Kappa from Yale Law School and was a lawyer for Wall Street. He and Stewart would have gotten on splendidly in discussions of law.
7
Freedom Warrior Says:
March 24th, 2012 at 9:47 am
Here is a little known or talked about movement from the 1800’s. Fabian Society From Wikipedia, the free encyclopedia Socialism , Development, Ideas, Variants, People Organizations. Socialism portal Politics portal v t e The Fabian Society is a British socialist movement, whose purpose is to advance the principles of democratic socialism via gradualist and reformist, rather than revolutionary, means. It is best known for its initial ground-breaking work beginning late in the 19th century and continuing up to World War I. The society laid many of the foundations of the Labour Party and subsequently affected the policies of states emerging from the decolonisation of the British Empire, especially India.
http://en.wikipedia.org/wiki/Fabian_Society

George Bernard Shaw: Fabian Socialism revealed for what it is.
http://www.youtube.com/watch?v=93eir00rOho
8
Freedom Warrior Says:
March 24th, 2012 at 10:03 am
Exposed: Inside the NSA’s Largest and Most Expansive Secret Domestic Spy Center in Bluffdale, Utah
http://www.democracynow.org/2012/3/21/exposed_inside_the_nsas_largest_and

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OATH KEEPERS: ORDERS WE WILL NOT OBEY
Click here to read full length version. 1. We will NOT obey orders to disarm the American people. 2. We will NOT obey orders to conduct warrantless searches of the American people 3. We will NOT obey orders to detain American citizens as “unlawful enemy combatants” or to subject them to military tribunal. 4. We will NOT obey orders to impose martial law or a “state of emergency” on a state. 5. We will NOT obey orders to invade and subjugate any state that asserts its sovereignty. 6. We will NOT obey any order to blockade American cities, thus turning them into giant concentration camps. 7. We will NOT obey any order to force American citizens into any form of detention camps under any pretext. 8. We will NOT obey orders to assist or support the use of any foreign troops on U.S. soil against the American people to “keep the peace” or to “maintain control." 9. We will NOT obey any orders to confiscate the property of the American people, including food and other essential supplies. 10.We will NOT obey any orders which infringe on the right of the people to free speech, to peaceably assemble, and to petition their government for a redress of grievances.
Click here to read full length version.

OATH KEEPERS: ORDERS WE WILL NOT OBEY

Click here to read full length version.

1. We will NOT obey orders to disarm the American people.

2. We will NOT obey orders to conduct warrantless searches of the American people

3. We will NOT obey orders to detain American citizens as “unlawful enemy combatants” or to subject them to military tribunal.

4. We will NOT obey orders to impose martial law or a “state of emergency” on a state.

5. We will NOT obey orders to invade and subjugate any state that asserts its sovereignty.

6. We will NOT obey any order to blockade American cities, thus turning them into giant concentration camps.

7. We will NOT obey any order to force American citizens into any form of detention camps under any pretext.

8. We will NOT obey orders to assist or support the use of any foreign troops on U.S. soil against the American people to “keep the peace” or to “maintain control."

9. We will NOT obey any orders to confiscate the property of the American people, including food and other essential supplies.

10.We will NOT obey any orders which infringe on the right of the people to free speech, to peaceably assemble, and to petition their government for a redress of grievances.

Click here to read full length version.

Founder Stewart Rhodes

He is a former firearms instructor and former member of Rep. Ron Paul’s DC staff.

Stewart previously wrote the monthly Enemy at the Gates column for S.W.A.T. Magazine

Stewart graduated from Yale Law School in 2004, where his paper “Solving the Puzzle of Enemy Combatant Status” won Yale’s Miller prize for best paper on the Bill of Rights. He assisted teaching U.S. military history at Yale, was a Yale Research Scholar, and is writing a book on the dangers of applying the laws of war to the American people.