Corn, Geoffrey - short clip - Peacetimevs.Wartime
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Transcript
Transcripts may contain inaccuracies.
- | If you want to boil this whole debate down, | 0:00 |
just think of three methods that the government uses | 0:03 | |
to incapacitate a threat. | 0:06 | |
Deprivation of life, | 0:08 | |
deprivation of liberty and criminal punishment right? | 0:09 | |
Then I contrast for them peacetime versus wartime authority. | 0:14 | |
Peacetime, loss of life as a measure of last resort. | 0:19 | |
Wartime, it's a measure of first resort. | 0:23 | |
Peacetime, it's based on actual threat. | 0:26 | |
Wartime, it's based on presumptive threat. | 0:29 | |
Status. Enemy belligerent. | 0:31 | |
Deprivation of liberty, | 0:34 | |
peacetime the notion of preventive detention | 0:36 | |
is it's been permitted in extremely narrow situations. | 0:39 | |
Mentally ill right, | 0:45 | |
and now we've got the recent cases | 0:47 | |
of recidivous sexual offenders. | 0:48 | |
Wartime it's the norm. | 0:50 | |
Your status means | 0:53 | |
we detain you preventatively not punitively. | 0:54 | |
Peacetime, you wanna criminally punish someone, | 0:57 | |
you have all the process of a normal criminal trial. | 0:59 | |
Wartime, you can use an extraordinary tribunal | 1:02 | |
called a military commission. | 1:05 | |
So put those up on a board and ask yourself | 1:06 | |
why was it so important after 9/11 for congress, | 1:09 | |
for the president, | 1:13 | |
to say this is now a war, | 1:14 | |
an armed conflict. | 1:16 | |
So I've been writing a lot about that. | 1:18 | |
But one of the issues that really interested me | 1:20 | |
is if you can be in an armed conflict | 1:22 | |
with a terrorist group, | 1:25 | |
which I think you can, | 1:26 | |
how do you know the difference between | 1:29 | |
when it's a law enforcement phase versus a conflict phase? | 1:31 |
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