Legal Commentary

Joe Lieberman's Fascist Solution To Terrorism

By Big Tent Democrat

Holy Joe:

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 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.

What is amazing about Lieberman' fascist proposal is that it will not work even on Lieberman's terms. Presumably, to strip a "suspected terrorist" of his citizenship, you'll have to prove in a court of law that the suspected terrorist is actually a, you know, terrorist. And in proving it, you'll have to respect the Constitution, which sort of defeats the purpose of Lieberman's proposal. Not only is Lieberman a despicable human being, he is really as dumb as a rock. He and McCain are truly two of the stupidest people in Washington, which is saying a lot.

For the record, it seems that Lieberman is referring to this provision. The problem for Lieberman is this part:

Whenever the loss of United States nationality is put in issue in any action or proceeding commenced on or after September 26, 1961 under, or by virtue of, the provisions of this chapter or any other Act, the burden shall be upon the person or party claiming that such loss occurred, to establish such claim by a preponderance of the evidence. Any person who commits or performs, or who has committed or performed, any act of expatriation under the provisions of this chapter or any other Act shall be presumed to have done so voluntarily, but such presumption may be rebutted upon a showing, by a preponderance of the evidence, that the act or acts committed or performed were not done voluntarily.

Speaking for me only

Full post as published by TalkLeft on May 04, 2010 (boomark / email).