Should American Citizens Who Engage In Terrorism Lose Their Citizenship?

[Dos Equis]

I heard a short discussion with Senator Lieberman about this today (in the context of people who work with foreign terrorists).  It's something DC should discuss. 

Military Commission May Be Out for Alleged Times Square Car Bomber

FOXNews.com

A military commission is not an option for trying alleged Times Square car bomber Faisal Shahzad unless the naturalized U.S. citizen can be linked to Al Qaeda.

The current Military Commissions Act as passed by Congress does not allow a U.S. citizen to be prosecuted by a military tribunal, though some lawmakers say they would like to have Shahzad and other alleged terrorists put before military commissions -- and not tried in federal civilian court.   

The Pakistani-born American accused of trying to detonate a bomb-laden SUV in New York's Times Square Saturday night was caught fleeing the U.S. Monday night when his Dubai-bound flight was returned to its gate at New York's Kennedy Airport. 

Shahzad is expected to appear in court Tuesday to face charges that he tried to set off a massive fireball and kill Americans after parking his car on one of the busiest streets in the world, officials said.

Shahzad reportedly told authorities that he acted alone in the May 1 bomb attempt and said he has no links to radical groups in his native Pakistan. If true, he cannot be prosecuted by a military commission because the law allows a defendant to be tried by the military only if he or she has known ties to Al Qaeda or its direct affiliates.

However, Pakistani intelligence sources told Fox News that a Pakistani national had been arrested Tuesday in the southern port city of Karachi in relation to the Times Square car bomb probe. The name of the suspect is not being disclosed because Pakistani authorities believe more arrests are expected in the northwest part of the country.

The suspect, described as in the late 20s early 30s, met with Shahzad in July 2009 in Peshawar, according to Pakistani intelligence. Shahzad's roots go back to an area of Pakistan near Karachi that is known for connections to Lashkar e-Taiba, Al Qaeda and Jaish e Mohammed, a group that supports the separatist movement in Kashmir.

Attorney General Eric Holder did not say on Tuesday whether Shahzad would qualify for a military commission, but he noted that U.S. intelligence and law enforcement officials are "coordinating with other members of the president's national security team to ensure we use every resource available to the United States to bring anyone responsible to justice."

The debate over a possible trial for Shahzad in New York City renews the calls for alleged terrorists to be prosecuted before military commissions.

The Obama administration was roundly criticized by Republicans last November for its decision to try self-proclaimed Sept. 11 mastermind Khalid Sheikh Mohammed in a civilian federal courtroom. Mohammed is not a U.S. citizen and can be tried by military commission.

"We can't have civilian trials for Khalid Sheikh Mohammed," former New York Gov. George Pataki said in an interview with Fox News. "He is a mass murdering war criminal. He should be tried in military tribunals and not in a civilian court."

http://www.foxnews.com/politics/2010/05/04/military-commissions-option-trying-alleged-car-bomber-current-law/

[BM OUT]

No,they should get the death penalty,but they can remain Americans as they die.But considering our president hung out with a domestic terrorist he probably thinks terrorist should get free health care and a interest free mortgage.

[Soul Crusher]

Actually it looks like we already will be paying his mortgage and legal defense bills.

[dario73]

I don't care what their citizenship is as long as they are put 6 feet under.

[kcballer]

No. 

[Dos Equis]

No. 

Why not?

[240 is Back]

Disclaimer - this NY terrorist should be hung as a traitor... now for the topic...

i say no - because it's a tough line to define terrorism at times.

if I throw a molotov cocktail through a storefront, I'm a vandal.  
If I throw 2 molotov cocktails through a storefront, I'm a vandal.
If I throw 100 molotov cocktails thru a storefront, it's terrorism.

...at what number should I lose my constitutional rights? 1? 2? 100? 50?


All it takes is for a leader (like Bush, obama, whoever) to REDEFINE terrorism, and boom, you can take away rights of americans.  Suppose obama decided this NY prick was inspired by message board rhetoric, and shoved thru a presidential order that anyone who bashed the govt on message boards was assisting/encouraging terrorism.  Don't say it couldn't happen lol...

So unless there is a CLEAR definition of terrorist, I'd say give them their rights but try them for treason, and hang em high!

[Dos Equis]

More on Lieberman's comments:

Faisal Shahzad Arrest: Lieberman Proposes Taking Away Citizenship Of Suspected Terrorists
First Posted: 05- 4-10 01:23 PM   |   Updated: 05- 4-10 03:48 PM
 
In arguing against the reading of Miranda rights to terrorism suspects or affording them other constitutional protections, opponents of civil liberties run up against a powerful argument when dealing with American citizens.

Joe Lieberman has a creative solution: Take away their citizenship. "If you've joined an enemy of the United States in attacking the United States and trying to kill Americans, I think you should sacrifice your rights of citizenship," Lieberman, an independent from Connecticut, told reporters Tuesday.

Lieberman argued that if an act of terrorism was coordinated with a group designated as a terrorist organization, then an American involved with such a group would lose citizenship and the constitutional protections that come with it. "It just seems to me if you're attacking your fellow Americans in an act of war, you lose the rights that come with citizenship," he said.

Lieberman said that the revocation of citizenship would not be automatic and there would be a right to go to court and to appeal the decision.

Since the arrest of Faisal Shahzad, a suspect in the attempted Times Square bombing, some Republicans have been arguing that, despite his status as a citizen, he should not be read Miranda rights.

UPDATE: Via Sam Stein: Sen. John Cornyn (R-Texas), the head of of the GOP's Senate campaign arm, is open to Lieberman's idea. "I'm interested in Senator Lieberman's approach. He is one of our leading members when it comes to national security issues and I would be interested in exploring that. I think at some point an act of war is a treasonous act, which could be a basis for relinquishing one's citizenship," he said.

Lieberman's bill would amend current law that revokes the citizenship of any American who joins a foreign military. The law exempts those who fight for Israel.

http://www.huffingtonpost.com/2010/05/04/faisal-shahzad-arrest-lie_n_562834.html

[Dos Equis]

Lawmakers: Revoke citizenship of terrorists
(AP) – 7 hours ago

WASHINGTON — Americans working for foreign terrorist organizations and lone wolf terrorists could lose their citizenship under bipartisan legislation introduced Thursday in both houses of Congress.

The proposal is a reaction to Times Square bomb suspect Faisal Shahzad, a native of Pakistan who became a U.S. citizen a year ago.

House Speaker Nancy Pelosi, D-Calif., said the proposal "sounds like a good idea," but the State Department urged that legislation only apply to those convicted of crimes.

U.S. law identifies seven categories of acts that could result in loss of citizenship. They include serving in the armed forces of a foreign state at war with the United States, renouncing nationality when the United States is at war, and treason. Sponsors said the law needs to be updated to combat terrorism.

The bill would expand the revocation law to anyone who provides material support or resources to a foreign terrorist organization, as designated by the secretary of state. It also would apply to anyone who engages in, or supports, hostilities against the U.S. or its allies.

As in current law, the State Department would make a determination that an individual has lost his or her U.S. nationality. The target of the action could seek a State Department review and also challenge the decision in U.S. district court.

"I like the spirit of it," Pelosi told reporters.

Secretary of State Hillary Rodham Clinton said her agency would "certainly take a hard look at it."

"I understand the desire behind the recommendations," Clinton said. She noted that naturalized citizens swear an oath to uphold the Constitution and that "people who are serving foreign powers and, in this case, foreign terrorists, are clearly in violation, in my personal opinion, of that oath which they swore when they became citizens."

State Department spokesman P.J. Crowley said he was not aware of the details, but he said any new law should have restrictions.

"It's important ... that we make sure that any action, any legislation that Congress might consider would make sure that we have due process, that we are talking about people who are actually convicted of crimes as opposed to people who are just suspected of crimes," Crowley told reporters. "I think the American people would be concerned if you took prospective actions, certainly one as serious as revoking citizenship, just for someone who is suspected of committing crimes."

Sponsors of the bill are Sens. Joe Lieberman, I-Conn., and Scott Brown, R-Mass., and Reps. Jason Altmire, D-Pa., and Charlie Dent, R-Pa.

http://www.google.com/hostednews/ap/article/ALeqM5ixO7BTZ49TIQOCGzaIUw2nnj0rQgD9FHIJN80