Tsarnaev the Fraud

This column by ACRU Senior Legal Analyst Jan LaRue was published April 23, 2013 on the American Thinker website.Dzhokhar Tsarnaev should be tried by a military commission at Guantanamo Bay rather than in U.S. federal court on charges related to the Boston Marathon bombing. Naturalized American citizenship obtained by fraud is revocable.There is Supreme Court precedent for revoking naturalized citizenship based on swearing a false oath of allegiance. See Knauer v. United States (1946); Perez v. Brownell ("Of course, naturalization unlawfully procured can be set aside."); and Fedorenko v. United States.Moreover, during WWII, a German soldier who claimed naturalized U.S. citizenship but had gone back to Germany [...]

2013-04-24T07:28:16-04:00April 24th, 2013|

Updated: Label Tsarnaev Enemy Combatant for Now, Can Give Bill of Rights Later

This column by ACRU Senior Legal Analyst Ken Klukowski was published April 21, 2013 on Breitbart.com.This is an update to an earlier story, presenting the analysis of why the Constitution probably entitles Dzhokhar Tsarnaev to the full range of protections in the Bill of Rights that he would receive as a civilian in federal district court.As indicated at the time, such a civilian designation should be contingent on Tsarnaev not being an operative or agent of a foreign military or foreign terrorist organization. We know that the older brother, Tamerlan Tsarnaev, traveled to Russia for six months last year. There is significant evidence that during that time [...]

2013-04-21T23:55:29-04:00April 21st, 2013|

For Now, Public-Safety Exception Precludes Bomber's Miranda Rights

This column by ACRU Senior Legal Analyst Ken Klukowski was published April 20, 2013 on Breitbart.com.As a newly-minted U.S. citizen captured on U.S. soil, Boston terrorist suspect Dzokhar Tsarnaev will get the full range of constitutional protections from the Bill of Rights, as we explained yesterday, except one: Tsarnaev wasn't read his Miranda rights.In 1966, the heyday of the liberal Warren Court years, the Supreme Court held in Miranda v. Arizona that the Fifth Amendment right against self-incrimination requires police to inform anyone they're taking into custody that (1) they have the right to remain silent, (2) anything they say can be used against them in court, [...]

2013-04-21T23:44:16-04:00April 21st, 2013|

What's Next: Civilian Criminal Trial for Marathon Bombing Suspect

This column by ACRU Senior Legal Analyst Ken Klukowski was published April 19, 2013 on Breitbart.com.The Obama administration has placed Boston terrorist suspect Dzokhar Tsarnaev in federal custody with plans to give him a civilian criminal trial in U.S. District Court in Massachusetts. That's what the Constitution requires, though some will undoubtedly question that decision.According to reports, Tsarnaev became a U.S. citizen in Sept. 2012. He was captured on U.S. soil by federal law enforcement officers (not military). This was not a battlefield setting, and at this point it appears Tsarnaev was not working for a foreign government or terrorist organization with which we are at war.Tsarnaev [...]

2013-04-21T23:27:09-04:00April 21st, 2013|

Boston Terrorists Not Right-Wing Americans

This column by ACRU Senior Legal Analyst Ken Klukowski was published April 19, 2013 on Breitbart.com.We now know the Boston Marathon terrorists were Muslims with roots in Chechnya, the Russian province in an ongoing conflict with Moscow, with a large Muslim population and a history of violent conflict with the Kremlin in a long struggle for independence. They were likely not right-wing Americans, as some on the left had predicted and hoped.We do not yet know whether they are part of a larger cell or whether these attacks were directed from abroad versus being exclusively the idea of these two terrorist brothers. Experts note that on one [...]

2013-04-21T22:59:21-04:00April 21st, 2013|

Rand Paul and Osama bin Laden's Spokesperson

This column by ACRU Senior Legal Analyst Ken Klukowski was published March 8, 2013 on Breitbart.com.Supporters of national security and the Constitution are rightly outraged about learning that Sulaiman Abu Ghaith--the al Qaeda spokesman who is also Osama bin Laden's son-in-law--appeared today in federal court in New York City. And it raises the next stage in the critical debate that started with Sen. Rand Paul's filibuster earlier this week.Suddenly, the public learned that a senior member of al Qaeda--who furthermore is a member of bin Laden's immediate family--is right here in the United States. He was brought before a judge in the U.S. District Court for the [...]

2013-03-11T10:08:52-04:00March 11th, 2013|

Media Ignore Domestic Terrorist Conviction of Gay-Rights Activist

This column by ACRU Senior Legal Analyst Ken Klukowski was published February 11, 2013 on Breitbart.com.How many stories have you seen on the broadcast networks or cable networks--any of the networks--about the first-ever domestic terrorism conviction in our nation's capital? Is same-sex marriage such a politically correct issue that no one wants to inform the public when a gay-rights political activist shoots someone in an attempted mass-murder?On Aug. 15th, Floyd Corkins entered the Washington, D.C. headquarters of the Family Research Council (FRC) with a handgun and almost 100 rounds of ammunition (the pistol was fully-loaded, plus two 15-round extended magazines, and a box of another 50 rounds [...]

2013-02-12T14:07:28-05:00February 12th, 2013|

Women in Combat

This column by ACRU Policy Board Member and Professor of Economics Dr. Walter E. Williams was published February 6, 2013 on Townhall.com.A senior Defense Department official said the ban on women in combat should be lifted because the military's goal is "to provide a level, gender-neutral playing field." I'd like to think the goal of the military should be to have the toughest, meanest fighting force possible. But let's look at "gender-neutral playing field."The Army's physical fitness test in basic training is a three-event physical performance test used to assess endurance. The minimum requirement for 17- to 21-year-old males is 35 pushups, 47 situps and a two-mile [...]

2013-02-06T14:21:45-05:00February 6th, 2013|

Obama's Pregnant 'Denials'

This column by ACRU Senior Legal Analyst Jan LaRue was published June 10, 2012 on The Daily Caller website.President Obama is offended by accusations that the White House authorized leaks of highly classified national security information detailed in Confront and Conceal, a new book by David Sanger of The New York Times. Obama hasn't denied that leaks occurred."The notion that my White House would purposely release classified national security information is offensive. It's wrong," he said during Friday's press conference.Media usually call it a "non-denial denial." The law calls it a "negative pregnant": a denial of an allegation in which a person actually admits more than he/she [...]

2012-06-11T00:28:50-04:00June 11th, 2012|

Obama's Unilateral Nuclear Disarmament

This column by ACRU General Counsel and Senior Fellow for the Carleson Center for Public Policy (CCPP) Peter Ferrara was published April 4, 2012 on The American Spectator website.Perhaps you do not know that President Obama has asked the Pentagon to develop plans to reduce America's nuclear arsenal by up to 80 percent. That would ultimately leave America with just about 300 nuclear weapons, down from a high of over 31,000 at the height of the Cold War.In 2010, President Obama completed negotiations with Russia for a New Start Treaty, which reduces America's nuclear warheads to 1,550. There were effectively no reductions in Russian weapons in return, [...]

2012-04-04T15:29:09-04:00April 4th, 2012|
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