NE 3: Sirnick Is A Terrorist Amendment (Passed) (user search)
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  NE 3: Sirnick Is A Terrorist Amendment (Passed) (search mode)
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Author Topic: NE 3: Sirnick Is A Terrorist Amendment (Passed)  (Read 1103 times)
Morning in Atlas
SawxDem
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« on: February 17, 2015, 02:22:15 PM »

Obviously this will be signed as soon as it hits my desk.
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Morning in Atlas
SawxDem
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Posts: 14,180
United States


« Reply #1 on: February 18, 2015, 01:38:57 AM »
« Edited: February 18, 2015, 01:42:28 AM by Sawx, King in the North »

There are a few technical issues with this bill.  First, the accused needs to be afforded a trial before the CJO.  We also might want to specify who should bring the case before the CJO.  Since we didn't have an Attorney General, it's not clear who that should be.  Second, it should only be a crime to delete such threads with malicious intent.  As Speaker, I know I sometimes screwed things up by posting bills in the improper order.  Quickly rectifying something like that shouldn't be a crime.

We also might want to just mimic the language that the Senate is currently working on instead of going out on our own.

I will let the sponsor speak before proposing amendments.

I'd propose some, but I can't. I'd also like someone to bring the first up, and I'd like to take a look at the second.

The legal aspect regarding Sirnick is in limbo-we can't put him on trial because he's de-registered, and we can't take any action because he hasn't been put on trial. As GM Kalwejt says there doesn't appear to any doubt.

The law cannot be retroactive. Even if SirNick remained in Atlasia, it would be impossible to charge him for an offense that wasn't created until after he destroyed the records (as the Anti-terrorism Act was just recently passed).

On a side note, unless there's a clear provision against an attainder (as the RL U.S. Constitution), passing a simple bill attainting SirNick as a traitor and declaring him a fugitive outlawing, would be a hell of an interesting development xD

I'm fairly sure arson against government property is terrorism. If SirNick re-enters the country, I pray that the Attorney General prosecutes him to the fullest extent.
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Morning in Atlas
SawxDem
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Posts: 14,180
United States


« Reply #2 on: February 25, 2015, 03:53:10 PM »
« Edited: February 25, 2015, 05:43:50 PM by Sawx, King in the North »

This violates the national Constituition. No bills of attainder or ex post facto are allowed and this is such.

Article 1 Section 6 Clause 1 and Section 7 Clause 3 of the current Atlasian Constituition

I'm charging him with terrorism over the classical definition, not this one.

EDIT: also signed
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