Donald Trump said in an interview Thursday that he would support trying US citizens suspected of terrorism in military tribunals — a controversial proposal that would likely be challenged as unconstitutional.
The Republican presidential nominee told the Miami Herald that he doesn’t “at all” like the idea of trying terrorist suspects in the civilian court system, even though US citizens are constitutionally entitled to due process. He added that he would be “fine” with trying US citizens in military tribunals at Guantánamo Bay, the US naval base that is also home to a military prison housing captured terror suspects.
“Well, I know that they want to try them in our regular court systems, and I don’t like that at all. I don’t like that at all,” he told the Herald. “I would say they could be tried (in military commissions), that would be fine.”
President George W. Bush authorized the trial of non-citizens who engage or support acts of terrorism after the 9/11 terrorist attacks, but a US citizen has never been tried in military courts under that order.
Most constitutional experts and several senior Republican senators — including Sen. John McCain — strongly opposed proposals to try Dzhokhar Tsarnaev, one of the Boston Marathon bombers and a naturalized US citizen, in military court.
The Trump campaign did not immediately respond to a request for comment about whether Trump was concerned about infringing US citizens’ right to due process under the Constitution.
Trump has repeatedly called for toughening the US approach to terrorism, and has suggested he would continue to capture and detain terror suspects at Guantánamo, though he would not commit to imprisoning terror suspects there as prison.
“I want to make sure that if we have radical Islamic terrorists, we have a very safe place to keep them,” Trump told the Herald.
Trump has also called for waterboarding terrorism suspects and “worse” forms of torture, calls that have alarmed civil liberties advocates, international lawyers, and US military officials.
While Trump again criticized President Barack Obama’s policies in combating terrorism, Obama has also drawn fire from civil liberties advocates for authorizing the drone killings of US citizens engaged in terror activities against the US without trial.
The Fifth and Fourteenth Amendments to the United States Constitution each contain a due process clause. Due process deals with the administration of justice and thus the due process clause acts as a safeguard from arbitrary denial of life, liberty, or property by the Government outside the sanction of law. Due process ensures the rights and equality of all citizens.
First Donald Trump said that he wanted to block nearly all foreign Muslims from entering the United States. More recently, he decided to stop using the word “Muslim” as he called for halting immigration from countries with high rates of terrorism, although he has yet to say which countries that would include.
At a rally in Portland, Maine, on Thursday afternoon, Trump provided a lengthy explanation of why he thinks the United States needs to be skeptical of immigrants from many countries, even if they follow the legal process. Reading from notes, Trump listed nearly a dozen examples of immigrants, refugees or students who came to the United States legally — often applying for and receiving citizenship — and then plotted to kill Americans, sometimes successfully doing so. The countries that he referenced in these examples: Somalia, Morocco, Uzbekistan (he asked the crowd where it was located), Syria, Afghanistan, the Philippines, Iraq, Pakistan and Yemen (which he pronounced “yay-men”). Trump’s staff has yet to confirm if there are countries from which the nominee wants to limit immigration.
“We’re letting people come in from terrorist nations that shouldn’t be allowed because you can’t vet them,” Trump said. “There’s no way of vetting them. You have no idea who they are. This could be the great Trojan horse of all time.”
At another point in the rally, Trump said: “Hillary Clinton wants to have them come in by the hundreds of thousands, just remember. This has nothing to do with politics, folks. This is a whole different level. This has to do with pure, raw stupidity. Okay?”
Trump has long called for a crackdown on illegal immigration, which he has framed as a national security concern. In his announcement speech last year, Trump described illegal Mexican immigrants as rapists and criminals. At numerous rallies, mothers and fathers whose children have been killed by illegal immigrants have shared their heartbreaking stories. Trump has said that building a wall along the border with Mexico will not only keep out illegal immigrants but also criminals, drug traffickers and terrorists. And he has proposed deporting the millions of immigrants illegally living here, starting with those who have committed crimes.
For more than 10 months, Trump has opposed allowing any Syrian refugees into the country because they could be terrorists, and he has promised to kick out all Syrian refugees currently in the country. In December, Trump called for “a total and complete shutdown of Muslims entering the United States until our country’s representatives can figure out what is going on.” Last month Trump said that his position on banning Muslims has “gotten bigger,” as he’s now focusing on territories with terrorism problems. Last week Trump told Fox News’ Sean Hannity: “People don’t want me to say ‘Muslim.’ I guess I prefer not saying it, frankly, myself. So we’re talking about territories.” But he has yet to say which territories he would target.
About 13 percent of 318.9 million people living in the United States in 2014 were immigrants, according to the Migration Policy Institute, which is a massive increase from 1970, when the rate was less than 5 percent. Mexico is the most common home-nation of these immigrants, followed by India, China and the Philippines.
Within minutes of taking the stage in Maine on Thursday afternoon, Trump warned the crowd of outsiders “pouring into our country,” and he promised to build a wall along the border. He was interrupted by protesters who held up pocket-sized copies of the Constitution. The crowd booed and then chanted: “USA! USA! USA!”
As the protesters were led away, Trump resumed: “A Trump rally is the safest place in our country to be. Believe me. Believe me. Right? It is safe. But if we keep going the way it is, our whole country is becoming different.”
Trump warned the crowd that “radical Islamic terrorism” is the “most important issues facing civilization right now” and that the United States has to be more careful in allowing foreigners to visit or move here.
“We’ve just seen many, many crimes getting worse all the time, and as Maine knows — a major destination for Somali refugees. Right? Am I right?” Trump said, as the crowd affirmed what he had said. “Well, they’re all talking about it: Maine. Somali. Refugees. We admit hundreds of thousands, you admit into Maine, and to other places in the United States. Hundreds of thousands of refugees, and they’re coming from among the most dangerous territories and countries anywhere in the world — right? — a practice which has to stop. It has to stop… This is a practice that has to stop.”
To back up this point, Trump rattled through a list of cautionary examples — nearly all of which appear on a list of 26 examples released in November by Sen. Jeff Sessions (R-Ala.), a senior member of the Judiciary Committee who chairs an immigration subcommittee. Sessions has closely advised Trump for months and one of his former aides, Stephen Miller, is now a senior policy adviser to Trump and often speaks at Trump’s rallies about the dangers of immigration. In nearly each example, Trump noted that the suspect in question came to the United States legally and was granted citizenship.
“They’re the ones we know about. There are so many that we don’t know about. You’re going to have problems like you’ve never seen,” Trump said. “We don’t know where these people are. You know when the government puts them around… for the most part, very few people know where they even are. We don’t even know where they are located. I’m telling you, I’ve said it before: This could be the great Trojan horse of all time. They’re coming in. They’re coming in.”
Here are the examples Trump gave:
Somalia: Trump referenced a Washington Times article about thousands of Somali refugees resettling in Minnesota and “creating an enclave of immigrants with high unemployment that is both stressing the state’s safety net and creating a rich pool of potential recruiting targets for Islamist terror groups.” The article quotes a FBI official saying Minnesota has seen recruitment videos targeted at Somalis in their state but that authorities have been working closely with the Somali community. “It’s happening,” Trump said. “It’s happening. You see it, you read about it. You can see it.” (You can read the full article here: “Feds’ relocation of Somali refugees stresses Minn. welfare, raises terror fears.”)
Chechnya: Trump noted that Tamerlan and Dzhokhar Tsarnaev, the so-called Boston bombers, came to the United States ” through the political asylum process.” Trump did not mention that the brothers were from Chechnya, but he noted that the younger brother became a naturalized U.S. citizen on Sept.11, 2012, while the older brother had an application pending. “Oh that’s wonderful, right?” Trump said. “We take them. We take them.”
Pakistan: Trump referenced the mass shooting in San Bernardino, although he didn’t mention the residency status of the married couple accused of murdering their coworkers. Syed Rizwan Farook was a U.S. citizen, and his wife, Tashfeen Malik, was a permanent resident from Pakistan. At other rallies, Trump has questioned why Malik was allowed to come to the United States on a “fiancee visa.”
Morocco: Trump said that a “Moroccan national on a student visa… was arrested for plotting to blow up a university and a federal courthouse.” Some background that Trump didn’t include: Federal authorities began investigating El Mehdi Semlali Fathi, a native of Morocco who was living in Connecticut on a long-expired student visa. Fathi told a friend he wanted to use “toy planes” to bomb a university and a federal building, but he was never arrested on terrorism-related charges. Instead, Fathi was arrested on immigration-related charges, and in October 2014, he was sentenced to 24 months of imprisonment for fabricating a refugee application. He was set to be deported upon his release.
Uzbekistan: Trump said that a Uzbek refugee living in Idaho — he paused to ask the audience: “You know where that is? You know where that is, huh?” — was arrested and charged with “teaching terror recruits how to build bombs.” Trump opined: “Oh, wonderful, wonderful. I don’t want them in this country.” Fazliddin Kurbanov was arrested in 2013 and charged with teaching people to build bombs that would target public transportation. Earlier this year he was sentenced to 25 years in prison.
Syria: Trump said that an immigrant from Syria, who received U.S. citizenship, planned to killed solders on a military base. He was likely referring to Abdirahman Sheik Mohamud, who was born in Somalia and became a naturalized U.S. citizen, settling in Ohio but traveling to Syria to allegedly train with a terrorist organization. Mohamud was indicted on terrorism charges in April 2015, with prosecutors stating that he “wanted to go to a military base in Texas and kill three or four American soldiers execution style.”
Again, Somalia: Trump mentioned the Oregon college student who plotted to blow up a Christmas tree during a lighting ceremony, noting that he was a Somalian refugee who gained citizenship. In October 2014, Mohamed Osman Mohamud was sentenced to 30 years in prison for trying to use a weapon of mass destruction.
Afghanistan and the Philippines: Trump said an immigrant from Afghanistan who became a U.S. citizen and a legal permanent resident from the Philippines were convicted of “plotting to join Al-Quada and the Taliban in order to kill as many Americans as possible.” In February 2015, Sohiel Omar Kabir, originally of Afghanistan, and Ralph Deleon, a citizen of the Philippines who was a lawful permanent U.S. resident, were sentenced to 300 months in federal prison for participating in plots to provide material support to terrorists and kill American military members.
Iraq: Trump said an Iraqi immigrant who applied for and received U.S. citizenship was arrested for lying to federal authorities about pledging allegiance to ISIS and his travels to Syria and wanting to “kill as many Americans as possible, didn’t care how.” Bilal Abood, who worked for the U.S. military as a translator during the Iraq War, was sentenced to four years in federal prison in May for lying to the FBI about traveling to Syria and sending a tweet that pledged allegiance to Abu Bakr al-Baghdadi, the leader of Islamic State. Abood testified that he traveled to Syria to fight with the Free Syrian Army, which opposes the Islamic State, according to the Dallas Morning News. During the sentencing, the judge said there no evidence suggesting Abood was planning a terrorist attack.
Again, Pakistan: Trump said two immigrants from Pakistan who became citizens were sentenced to “decades-long prison terms for plotting to detonate a bomb in the middle of New York City.” In June 2015, brothers Raees Alam Qazi and Sheheryar Alam Qazi were sentenced to 35 years and 20 years in prison for plotting a terrorist attack in New York City in 2012 and assaulting two deputy U.S. marshals while in custody.
Yemen: Trump said an immigrant from Yemen was arrested for trying to join the Islamic State and illegally buying firearms to “kill as many military personnel as possible.” A version of Jeff Sessions’ list states that this happened in September 2014 but provided no links to additional information.
Under a Trump presidency, legal immigrants could have their 14th amendment rights of equal protection gutted so some hick in middle-American is able to “feel” safer.
And I stress “feel” when talking about safety and the Trump supporter because no matter how strongly they “feel” it isn’t going change reality. We have over 100 years of studies which show immigrants are less likely to commit serious crimes or be behind bars than the native-born, and high rates of immigration are associated with lower rates of violent crime and property crime.
“But! But! But, there was that one Mexican who killed that poor girl in that evil sanctuary city San Francisco!” is what you the Trump supporter are thinking in your head right now. But you’re wrong. While that individual incident was indeed tragic, you are so wrong and you need to know why now. You are falling into the trap of a small sample size. Every day 91 Americans are murdered, just by guns alone, so by the time you’ve finished reading this chances are some native-born American killed someone else with a gun.
So we look at data. And larger trends. And facts. Not emotions. We look at data that violent crime is on the decline, and has been for decades. The data shows violent crime has decreased 50% since 1990. I can say that not because I “feel” like it’s dropped, but because the statistics from the FBI prove it has.
Not emotions. Evidence.
So when you hear Trump in his speeches and interviews when he uses this language to make you afraid, afraid of your family, afraid of your neighbors, afraid of people you’ve never met but who have a love of this country that rivals yours, remember he his doing this because he believes you are too stupid. Trump is betting, just as he did in the Republican primaries, that you’re so dumb that you’ll take whatever he says at face value, neglect you’ll use the same logic and critical thinking that you apply to everything else in your life, and be afraid.
So think really hard about your vote. Think about what you “feel” and what you know is fact.
Donald Trump praised former Iraqi dictator Saddam Hussein Tuesday night, allowing that he was a “really bad guy” but had redeeming qualities when it came to his handling of terrorists.
Trump lauded the former U.S. adversary for how “well” he killed terrorists, recalling that he “didn’t read them the rights, they didn’t talk. They were terrorists, over.” Now, Trump assessed, “Iraq is Harvard for terrorism. You want to be a terrorist, you go to Iraq.”
Hillary Clinton’s campaign seized the opportunity to once more paint Trump has unfit for office. “Donald Trump’s praise for brutal strongmen seemingly knows no bounds,” Senior Policy Advisor Jake Sullivan said in an emailed statement. “Trump’s cavalier compliments for brutal dictators, and the twisted lessons he seems to have learned from their history, again demonstrate how dangerous he would be as commander-in-chief and how unworthy he is of the office he seeks.”
This isn’t the first time Trump has cast the brutal dictator in a positive light — or called Iraq an Ivy League locale for aspiring terrorists. Throughout the primaries Trump glossed over Hussein’s violent history in favor of what he viewed as a more stable Middle East ruled by Saddam’s viciousness.
In an October exclusive with NBC’s Chuck Todd, Trump asserted that the Middle East would be better off today if Moammar Gadhafi of Libya and Saddam Hussein were still in power. “It’s not even a contest,” Trump told Meet the Press. Trump continued to push this idea at a rally in Franklin, Tennessee, telling the crowd that despite Hussein’s “vicious” rule in Iraq “there were no terrorists in Iraq” while he ruled.
“You know what he used to do to terrorists?” Trump polled the Tennessee crowd. “A one day trial and shoot him…and the one day trial usually lasted five minutes, right? There was no terrorism then.”
Trump didn’t just praise Hussein for keeping terrorists at bay, but seemed to tacitly accept the dictator’s use of chemical weapons. During a December rally in Hilton Head, South Carolina, Trump took a cavalier attitude toward Iraq’s use of chemical weapons under Saddam.
“Saddam Hussein throws a little gas, everyone goes crazy, ‘oh he’s using gas!'” Trump said. Describing the way stability was maintained in the region during that time, Trump said “they go back, forth, it’s the same. And they were stabilized.”
Trump lamented how the United States intervened in the region during a speech in South Carolina late last year. “if you go after one or the other, in this case Iraq, you’re going to destabilize the Middle East. That’s what’s going to happen,” he said.
On Tuesday night, at rally focusing heavily on Hillary Clinton and President Barack Obama, Trump revived the old riffs from his primary playbook. “We shouldn’t have destabilized Saddam Hussein, right? He was a bad guy, really bad guy, but you know what he did well? He killed terrorists. He did that so good.”
Trump’s statements were noteworthy for the company he made them in. At Trump’s side Tuesday: Senate Foreign Relations Committee Chairman Bob Corker, who was on the trail with Trump for the day. Corker is being vetted for vice president and his trail time in North Carolina was considered by many to be an audition.
What Trump is praising Saddam Hussein for here isn’t justice against the evil terrorists. Saddam Hussein used this tactic of labeling political dissenters and ethnic minorities as “terrorists” and disappearing them, many times without trial. This is a violation of human rights, crimes against humanity, and murder. Hussein’s atrocities are all documented at organizations like Human Rights Watch.
So this is what Trump is praising when comparing Hussein against our “weak” justice system. And if applied in the United States it would be a clear violation of the 5th and 14th amendments of the Constitution should it be applied here in the United States.
Also this isn’t the first time Donald Trump praised Saddam Hussein and other authoritarian leaders while calling the democratically elected officials in Congress and the White House “weak.”
After receiving praise from Vladimir Putin, Trump showed lots of love for the authoritarian Russian President in return saying he’ll get along fine with him.
During the CNN-Telemundo Republican candidates’ debate in February that while Gaddafi was “really bad,” his tactics were effective and we would be so much better off if Gaddafi were in charge.
Trump tweeted a quote from former Italian dictator Benito Mussolini. When asked about being associated with a fascist Trump responded what difference does it make if it was Mussolini or somebody else — it’s a very good quote.
Donald Trump believes the world would be much better off if ruthless dictators like Saddam Hussein and Moammar Gadhafi were still in power.
“100%,” Trump replied when asked that question in an interview with CNN’s Jake Tapper that aired Sunday on “State of the Union.”
Trump said he believes Iraq and Libya, the respective countries of the since-deceased dictators, would be less fractured and promote a more stable Middle East if the two had not been forcefully pushed out of power. Hussein fell from power following the U.S. invasion of Iraq in 2003 and Gadhafi was ousted following violent civil strife in 2011 that ultimately drew a NATO-led military intervention.
“I mean, look at Libya. Look at Iraq. Iraq used to be no terrorists. He (Hussein) would kill the terrorists immediately, which is like now it’s the Harvard of terrorism,” Trump said. “If you look at Iraq from years ago, I’m not saying he was a nice guy, he was a horrible guy, but it was a lot better than it is right now. Right now, Iraq is a training ground for terrorists. Right now Libya, nobody even knows Libya, frankly there is no Iraq and there is no Libya. It’s all broken up. They have no control. Nobody knows what’s going on.”
Both Gadhafi and Hussein committed atrocities against their own people and were among the world’s worst human rights abusers. NATO decided to intervene in Libya as Gadhafi appeared poised to commit a genocidal-like massacre.
But Trump said human rights abuses continue to plague Libya and Iraq and claimed, “They’re worse than they ever were.”
“People are getting their heads chopped off, they’re being drowned. Right now, they are far worse than they were, ever, under Saddam Hussein or Gadhafi,” he said.
What Trump is praising Saddam Hussein and Moammar Gadhafi for here isn’t justice against the evil terrorists. Saddam Hussein used this tactic of labeling political dissenters and ethnic minorities as “terrorists” and disappearing them, many times without trial. This is a violation of human rights, crimes against humanity, and murder. Hussein’s atrocities are all documented at organizations like Human Rights Watch.
So this is what Trump is praising when comparing Hussein against our “weak” justice system. And if applied in the United States it would be a clear violation of the 5th and 14th amendments of the Constitution should it be applied here in the United States.
Donald Trump said that he doesn’t think people born in the U.S. to undocumented immigrants are American citizens.
The Republican presidential front-runner said in an interview on Fox News:
“I don’t think they have American citizenship and if you speak to some very, very good lawyers — and I know some will disagree — but many of them agree with me and you’re going to find they do not have American citizenship. We have to start a process where we take back our country. Our country is going to hell.”
Trump added he would “test it out” in the courts.
Trump has called for the deportation of all undocumented immigrants living in the United States — allowing the “good ones” to return through an expedited legal process.
“What happens is they’re in Mexico, they’re going to have a baby, they move over here for a couple of days, they have the baby — (the lawyers are) saying it’s not going to hold up in court,” Trump said.
Trump announced in his immigration policy proposal that he wants to end birthright citizenship — preventing future undocumented immigrants from giving birth to an American citizen simply by virtue of being born on U.S. soil.
“All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and the State wherein they reside.”
Other Republican presidential candidates have joined Trump’s call for ending birthright citizenship, suggested birthright citizenship could be ended by simply passing a law through Congress that defines the clause “and subject to the jurisdiction thereof.”
However Trump so far has taken the extra step of suggesting doing so retroactively and stripping certain Americans of their citizenship.
