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Posted by: crossbowman 09/18/2007, 17:46:18 (About author)
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I'm not the one who brought it up, am I? DW's assertion that their murders constituted a legal execution of innocents is wrong. A legal execution is a legal penalty exacted for some crime. The process may be flawed or wholely bogus, as occurs from time to time in the Third World, but there is a process. These were no more legal executions than were the "disappearances" that haunted Argentina or the mass killings of civilians by military forces in Kosovo. These people had their rights stripped en masse by decree and were then killed by decree, with not even a bogus legal process or crime to point to. There is no real point of comparison with legal execution, because there was no trial and not so much as even a bogus opportunity for the condemned to challenge his fate. The fact that these were government-sanctioned did nothing to protect the guilty when, after the war ended, they were tried and convicted for their crimes against humanity. "Robbins’s claim fails because the Hobbs Act does not apply when the National Government is the intended beneficiary of the allegedly extortionate acts." WILKIE ET AL. v. ROBBINS. David H. Souter, Justice, U.S. Supreme Court
with John Roberts, Antonin Scalia, Anthony Kennedy,
Clarence Thomas, Stephen Breyer, and Samuel Alito concurring. |
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