OpenLLM-France/wikimedia huggingface dataset:
# More motions filed in al Nashiri case

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April 13, 2012

# More motions filed in Al Mashiri case

    By Jim Garamone
    American Forces Press Service
FORT MEADE, Md. – A military judge ruled Tuesday that a defendant in the USS Cole bombing may meet with his defense attorneys unfettered.
Army Col. James L. Pohl deferred several other defense motions in the case of Abd al Rahim Hussein Mohammed Abdu al-Nashiri at Guantanamo Bay, Cuba.
The ruling made moot testimony from Nashiri on the effects he felt from his imprisonment prior to arriving at the detention facility in Cuba. That testimony could have contained classified information.
Lawyers also argued on constitutional motions, with the defense arguing that neither terrorism nor conspiracy is a crime under accepted international law. They said Nashiri – who is alleged to have masterminded the plot that killed 17 sailors aboard the USS Cole during an act of terror in Aden, Yemen, in 2000 – cannot be charged with those crimes because they don’t exist.
Pohl indicated he would rule on these motions later.
Nashiri is charged with perfidy, murder in violation of the law of war, attempted murder in violation of the law of war, terrorism, conspiracy, intentionally causing serious bodily injury, attacking civilians, attacking civilian objects and hazarding a vessel.
This is a capital case.
The charges arise out of an attempted attack on the USS The Sullivans in January 2000, the actual attack on the USS Cole in October 2000, and an attack on the motor vessel Limburg in October 2002.
Nashiri is a Saudi-born member of alQaida. U.S. officials allege he was under the personal supervision of Osama bin Laden, and that bin Laden personally approved the attacks on the U.S. Navy ships.
New York lawyer David Schultz also spoke to the court today, arguing that the peoples’ right to know trumped security concerns in this trial. Schultz, who represented 10 media organizations including the New York Times, the Washington Post, Fox News, NPR and the Miami Herald, based his argument on the 1st Amendment to the Constitution.
He noted that lead prosecutor Army Brig. Gen. Mark Martins has been explaining to audiences around the United States how the reformed military commissions system is the best way to advance the rule of law in these cases. Under U.S. law, public attendance of criminal prosecutions is imperative to fairness, he said.
He reached back to the trial of the Lincoln assassination conspirators in 1865 and the Nuremberg trials after World War II to show that military commissions also honored this idea.
He admitted the government had a right to not reveal classified data during a trial, but argued that there are ways to ensure openness while still protecting the information.
Schultz’ testimony was the first time outside lawyers have argued in front of the panel at Guantanamo.
Pohl did not disagree with Schultz. He maintained that the default setting in his court is a public hearing. He said proceedings should be closed only when the least restrictive measures cannot be imposed.
# More songs by the fighting men. Soldiers poets: second series/Armel O'Connor

ARMEL O'CONNOR
Private, East Anglian Field Ambulance
Violet
I WOULD throw to magnificent doom White roses at her feet. Should she tread out the life of each bloom, What fate could be more sweet? I would rifle imperial graves For rings of ancient skill; I would bring her an army of slaves Dependent on her will.
I would build her a wonderful home, The place a Queen to please, Cedar walls with an ivory dome, Where she might dwell at ease. Should she covet the stars or the moon, Or, yes, the seraphim, I am sure I should count it a boon To satisfy her whim.
But I think of her beautiful face, Her kind, kind English heart ​With its personal treasures of grace That have no counterpart. And I know that she sets not the tasks Inferior Queens decree. That I love her, is all that she asks Of heaven and of me.
Palestine, Aug. 12, 1917
# More songs by the fighting men. Soldiers poets: second series/Brian Hill

BRIAN HILL
2nd Lieut., Durham Light Infantry
Salonika in November
UP above the grey hills the wheeling birds are calling, Round about the cold grey hills in never-resting flight; Far along the marshes a drifting mist is falling, Scattered tents and sandy plain melt into the night.
Round about the grey hills rumbles distant thunder, Echoes of the mighty guns firing night and day,— Grey guns, long guns, that smite the hills asunder, Grumbling and rumbling, and telling of the fray.
Out among the islands twinkling lights are glowing, Distant little fairy lights, that gleam upon the bay; All along the broken road grey transport waggons going Up to where the long grey guns roar and crash alway.
​Up above the cold grey hills the wheeling birds are crying, Brother calls to brother, as they pass in restless flight. Lost souls, dead souls, voices of the dying, Circle o'er the hills of Greece and wail into the night.
# Nicene and Post-Nicene Fathers: Series I/Volume I/Confessions/Book X/Chapter 5

Chapter V.—That Man Knoweth Not Himself Wholly.
7. For it is Thou, Lord, that judgest me; for although no “man knoweth the things of a man, save the spirit of man which is in him,” yet is there something of man which “the spirit of man which is in him” itself knoweth not. But Thou, Lord, who hast made him, knowest him wholly. I indeed, though in Thy sight I despise myself, and reckon “myself but dust and ashes,” yet know something concerning Thee, which I know not concerning myself. And assuredly “now we see through a glass darkly,” not yet “face to face.” So long, therefore, as I be “absent” from Thee, I am more “present” with myself than with Thee; and yet know I that Thou canst not suffer violence; but for myself I know not what temptations I am able to resist, and what I am not able. But there is hope, because Thou art faithful, who wilt not suffer us to be tempted above that we are able, but wilt with the temptation also make a way to escape, that we may be able to bear it. I would therefore confess what I know concerning myself; I will confess also what I know not concerning myself. And because what I do know of myself, I know by Thee enlightening me; and what I know not of myself, so long I know not until the time when my “darkness be as the noonday” in Thy sight.

## Footnotes

* ↑ 1 Cor. iv. 4.
* ↑ 1 Cor. ii. 11.
* ↑ Gen. xviii. 27.
* ↑ 1 Cor. xiii. 12.
* ↑ 2 Cor. v. 6.
* ↑ See Nebridius’ argument against the Manichæans, as to God’s not being violable, in vii. sec. 3, above, and the note thereon.
* ↑ See his Enarr. in Ps. lv. 8 and xciii. 19, where he beautifully describes how the winds and waves of temptation will be stilled if Christ be present in the ship. See also Serm. lxiii.; and Eps. cxxx. 22, and clxxvii. 4.
* ↑ 1 Cor. x. 13.
* ↑ Isa. lviii. 10.
# Nicene and Post-Nicene Fathers: Series I/Volume I/Confessions/Book X/Chapter 40

Chapter XL.—The Only Safe Resting-Place for the Soul is to Be Found in God.
65. Where hast Thou not accompanied me, O Truth, teaching me both what to avoid and what to desire, when I submitted to Thee what I could perceive of sublunary things, and asked Thy counsel? With my external senses, as I could, I viewed the world, and noted the life which my body derives from me, and these my senses. Thence I advanced inwardly into the recesses of my memory,—the manifold rooms, wondrously full of multitudinous wealth; and I considered and was afraid, and could discern none of these things without Thee, and found none of them to be Thee. Nor was I myself the discoverer of these things,—I, who went over them all, and laboured to distinguish and to value everything according to its dignity, accepting some things upon the report of my senses, and questioning about others which I felt to be mixed up with myself, distinguishing and numbering the reporters themselves, and in the vast storehouse of my memory investigating some things, laying up others, taking out others. Neither was I myself when I did this (that is, that ability of mine whereby I did it), nor was it Thou, for Thou art that never-failing light which I took counsel of as to them all, whether they were what they were, and what was their worth; and I heard Thee teaching and commanding me. And this I do often; this is a delight to me, and, as far as I can get relief from necessary duties, to this gratification do I resort. Nor in all these which I review when consulting Thee, find I a secure place for my soul, save in Thee, into whom my scattered members may be gathered together, and nothing of me depart from Thee. And sometimes Thou dost introduce me to a most rare affection, inwardly, to an inexplicable sweetness, which, if it should be perfected in me, I know not to what point that life might not arrive. But by these wretched weights of mine do I relapse into these things, and am sucked in by my old customs, and am held, and sorrow much, yet am much held. To such an extent does the burden of habit press us down. In this way I can be, but will not; in that I will, but cannot,—on both ways miserable.

## Footnotes

* ↑ See xii. sec. 35, below.
* ↑ See ix. sec. 10, note, above, and xi. sec. 39, below.
* ↑ Heb. xii. 1.
# Nicene and Post-Nicene Fathers: Series I/Volume I/Confessions/Book X/Chapter 42

Chapter XLII.—In What Manner Many Sought the Mediator.
67. Whom could I find to reconcile me to Thee? Was I to solicit the angels? By what prayer? By what sacraments? Many striving to return unto Thee, and not able of themselves, have, as I am told, tried this, and have fallen into a longing for curious visions, and were held worthy to be deceived. For they, being exalted, sought Thee by the pride of learning, thrusting themselves forward rather than beating their breasts, and so by correspondence of heart drew unto themselves the princes of the air, the conspirators and companions in pride, by whom, through the power of magic, they were deceived, seeking a mediator by whom they might be cleansed; but none was there. For the devil it was, transforming himself into an angel of light. And he much allured proud flesh, in that he had no fleshly body. For they were mortal, and sinful; but Thou, O Lord, to whom they arrogantly sought to be reconciled, art immortal, and sinless. But a mediator between God and man ought to have something like unto God, and something like unto man; lest being in both like unto man, he should be far from God; or if in both like unto God, he should be far from man, and so should not be a mediator. That deceitful mediator, then, by whom in Thy secret judgments pride deserved to be deceived, hath one thing in common with man, that is, sin; another he would appear to have with God, and, not being clothed with mortality of flesh, would boast that he was immortal. But since “the wages of sin is death,” this hath he in common with men, that together with them he should be condemned to death.

## Footnotes

* ↑ It would be easy so to do, since even amongst believers, as we find from Evodius’ letter to Augustin (Ep. clvi.), there was a prevalent belief that the blessed dead visited the earth, and that visions had an important bearing on human affairs. See also Augustin’s answer to Evodius, in Ep. clix.; Chrysostom, De Sacer. vi. 4; and on Visions, see sec. 41, note, above.
* ↑ Eph. ii. 2.
* ↑ See note 5, p. 69, above.
* ↑ 2 Cor. xi. 14.
* ↑ In his De Civ. Dei, x. 24, in speaking of the Incarnation of Christ as a mystery unintelligible to Porphyry’s pride, he has a similar passage, in which he speaks of the “true and benignant Mediator,” and the “malignant and deceitful mediators.” See vii. sec. 24, above.
* ↑ Rom. vi. 23.
# Nicene and Post-Nicene Fathers: Series I/Volume I/Confessions/Book X/Chapter 38

Chapter XXXVIII.—Vain-Glory is the Highest Danger.
63. “I am poor and needy,” yet better am I while in secret groanings I displease myself, and seek for Thy mercy, until what is lacking in me be renewed and made complete, even up to that peace of which the eye of the proud is ignorant. Yet the word which proceedeth out of the mouth, and actions known to men, have a most dangerous temptation from the love of praise, which, for the establishing of a certain excellency of our own, gathers together solicited suffrages. It tempts, even when within I reprove myself for it, on the very ground that it is reproved; and often man glories more vainly of the very scorn of vain-glory; wherefore it is not any longer scorn of vain-glory whereof it glories, for he does not truly contemn it when he inwardly glories.

## Footnotes

* ↑ Ps. cix. 22.
# Nicene and Post-Nicene Fathers: Series I/Volume I/Confessions/Book X/Chapter 41

Chapter XLI.—Having Conquered His Triple Desire, He Arrives at Salvation.
66. And thus have I reflected upon the wearinesses of my sins, in that threefold “lust,” and have invoked Thy right hand to my aid. For with a wounded heart have I seen Thy brightness, and being beaten back I exclaimed, “Who can attain unto it?” “I am cut off from before Thine eyes.” Thou art the Truth, who presidest over all things, but I, through my covetousness, wished not to lose Thee, but with Thee wished to possess a lie; as no one wishes so to speak falsely as himself to be ignorant of the truth. So then I lost Thee, because Thou deignest not to be enjoyed with a lie.

## Footnotes

* ↑ See p. 153, note 7, above.
* ↑ Ps. xxxi. 22.
# Nicene and Post-Nicene Fathers: Series I/Volume I/Confessions/Book X/Chapter 39

Chapter XXXIX.—Of the Vice of Those Who, While Pleasing Themselves, Displease God.
64. Within also, within is another evil, arising out of the same kind of temptation; whereby they become empty who please themselves in themselves, although they please not, or displease, or aim at pleasing others. But in pleasing themselves, they much displease Thee, not merely taking pleasure in things not good as if they were good, but in Thy good things as though they were their own; or even as if in Thine, yet as though of their own merits; or even as if though of Thy grace, yet not with friendly rejoicings, but as envying that grace to others. In all these and similar perils and labours Thou perceivest the trembling of my heart, and I rather feel my wounds to be cured by Thee than not inflicted by me.

## Footnotes

* ↑ See his De Civ. Dei, v. 20, where he compares the truly pious man, who attributes all his good to God’s mercy, “giving thanks for what in him is healed, and pouring out prayers for the healing of that which is yet unhealed,” with the philosophers who make their chief end pleasure or human glory.
# New York Central Company v. Bianc American Knife Company

* related portals: Supreme Court of the United States.
* sister projects: Wikidata item.
United States Supreme Court
250 U.S. 596
New York Central Company v. Bianc American Knife Company
Argued: Oct. 22 and 23, 1919. --- Decided: Nov 10, 1919
In No. 374: Mr. Robert E. Whalen, of Albany, N. Y., for plaintiff in error.
[Argument of Counsel from pages 596-599 intentionally omitted]
In Nos. 375, 376: Mr. William H. Foster, of Syracuse, N. Y., for plaintiffs in error.
Mr. E. C. Aiken, of Albany, N. Y., for Industrial Commission of New York.
Mr. Justice PITNEY delivered the opinion of the Court.

## Notes

This work is in the public domain in the United States because it is a work of the United States federal government (see 17 U.S.C. 105).
Public domainPublic domainfalsefalse
# New York Central Company v. Chisholm

* related portals: Supreme Court of the United States.
* sister projects: Wikidata item.
United States Supreme Court
268 U.S. 29
New York Central Company v. Chisholm
Argued: March 19, 20, 1925. --- Decided: April 13, 1925
Mr. Lowell A. Mayberry, of Boston, Mass., for New York Cent. R. co.
Mr. Wm. H. Lewis, of Boston, Mass., for administrator.
Mr. Justice McREYNOLDS delivered the opinion of the Court.

## Notes

This work is in the public domain in the United States because it is a work of the United States federal government (see 17 U.S.C. 105).
Public domainPublic domainfalsefalse
# New York Central Company v. Goldberg

* related portals: Supreme Court of the United States.
* sister projects: Wikidata item.
United States Supreme Court
250 U.S. 85
New York Central Company v. Goldberg
Argued: March 20, 1919. --- Decided: May 19, 1919
Messrs.
William Mann and Charles C. Paulding, both of New York City, for petitioner.
Mr. Justice PITNEY delivered the opinion of the Court.

## Notes

This work is in the public domain in the United States because it is a work of the United States federal government (see 17 U.S.C. 105).
Public domainPublic domainfalsefalse
# New York Central Company v. Johnson

* related portals: Supreme Court of the United States.
* sister projects: Wikidata item.
United States Supreme Court
279 U.S. 310
New York Central Company v. Johnson
Argued: March 8, 1929. --- Decided: April 8, 1929
[Syllabus from pages 310-312 intentionally omitted]
Messrs. Sidney C. Murray, of Chicago, Ill., and Albert S. Marley, of Kansas City, Mo., for petitioner.
Messrs. Price Wickersham, John Atwood, and Oscar S. Hill, all of Kansas City, Mo., for respondents.
Mr. Justice STONE delivered the opinion of the Court.

## Notes

This work is in the public domain in the United States because it is a work of the United States federal government (see 17 U.S.C. 105).
Public domainPublic domainfalsefalse
# New York Central Company v. Kinney

* related portals: Supreme Court of the United States.
* sister projects: Wikidata item.
United States Supreme Court
260 U.S. 340
New York Central Company v. Kinney
Argued: Nov. 21, 1922. --- Decided: Dec 4, 1922
Mr. Maurice C. Spratt, of Buffalo, N. Y., for petitioner.
[Argument of Counsel from pages 340-342 intentionally omitted]
Mr. Hamilton Ward, of Buffalo, N. Y., for respondent.
[Argument of Counsel from pages 342-344 intentionally omitted]
Mr. Justice HOLMES delivered the opinion of the Court.

## Notes

This work is in the public domain in the United States because it is a work of the United States federal government (see 17 U.S.C. 105).
Public domainPublic domainfalsefalse
# Nicene and Post-Nicene Fathers: Series I/Volume II/City of God/Book XXI

Book XXI.
Argument—Of the end reserved for the city of the devil, namely, the eternal punishment of the damned; and of the arguments which unbelief brings against it.

## Contents

* Chapter 1
* Chapter 2
* Chapter 3
* Chapter 4
* Chapter 5
* Chapter 6
* Chapter 7
* Chapter 8
* Chapter 9
* Chapter 10
* Chapter 11
* Chapter 12
* Chapter 13
* Chapter 14
* Chapter 15
* Chapter 16
* Chapter 17
* Chapter 18
* Chapter 19
* Chapter 20
* Chapter 21
* Chapter 22
* Chapter 23
* Chapter 24
* Chapter 25
* Chapter 26
* Chapter 27
# Nicene and Post-Nicene Fathers: Series I/Volume II/City of God/Book XXI/Chapter 1

Chapter 1.—Of the Order of the Discussion, Which Requires that We First Speak of the Eternal Punishment of the Lost in Company with the Devil, and Then of the Eternal Happiness of the Saints.
I Propose, with such ability as God may grant me, to discuss in this book more thoroughly the nature of the punishment which shall be assigned to the devil and all his retainers, when the two cities, the one of God, the other of the devil, shall have reached their proper ends through Jesus Christ our Lord, the Judge of quick and dead. And I have adopted this order, and preferred to speak, first of the punishment of the devils, and afterwards of the blessedness of the saints, because the body partakes of either destiny; and it seems to be more incredible that bodies endure in everlasting torments than that they continue to exist without any pain in everlasting felicity. Consequently, when I shall have demonstrated that that punishment ought not to be incredible, this will materially aid me in proving that which is much more credible, viz., the immortality of the bodies of the saints which are delivered from all pain.  Neither is this order out of harmony with the divine writings, in which sometimes, indeed, the blessedness of the good is placed first, as in the words, “They that have done good, unto the resurrection of life; and they that have done evil, unto the resurrection of judgment;” but sometimes also last, as, “The Son of man shall send forth His angels, and they shall gather out of His kingdom all things which offend, and shall cast them into a furnace of fire: there shall be wailing and gnashing of teeth, Then shall the righteous shine forth as the sun in the kingdom of His Father;” and that, “These shall go away into eternal punishment, but the righteous into life eternal.” And though we have not room to cite instances, any one who examines the prophets will find that they adopt now the one arrangement and now the other. My own reason for following the latter order I have given.

## Footnotes

* ↑ John v. 29.
* ↑ Matt. xiii. 41–43.
* ↑ Matt. xxv. 46.
# Nicene and Post-Nicene Fathers: Series I/Volume II/City of God/Book XXI/Chapter 14

Chapter 14.—Of the Temporary Punishments of This Life to Which the Human Condition is Subject.
Quite exceptional are those who are not punished in this life, but only afterwards. Yet that there have been some who have reached the decrepitude of age without experiencing even the slightest sickness, and who have had uninterrupted enjoyment of life, I know both from report and from my own observation. However, the very life we mortals lead is itself all punishment, for it is all temptation, as the Scriptures declare, where it is written, “Is not the life of man upon earth a temptation?” For ignorance is itself no slight punishment, or want of culture, which it is with justice thought so necessary to escape, that boys are compelled, under pain of severe punishment, to learn trades or letters; and the learning to which they are driven by punishment is itself so much of a punishment to them, that they sometimes prefer the pain that drives them to the pain to which they are driven by it. And who would not shrink from the alternative, and elect to die, if it were proposed to him either to suffer death or to be again an infant?  Our infancy, indeed, introducing us to this life not with laughter but with tears, seems unconsciously to predict the ills we are to encounter.  Zoroaster alone is said to have laughed when he was born, and that unnatural omen portended no good to him. For he is said to have been the inventor of magical arts, though indeed they were unable to secure to him even the poor felicity of this present life against the assaults of his enemies. For, himself king of the Bactrians, he was conquered by Ninus king of the Assyrians. In short, the words of Scripture, “An heavy yoke is upon the sons of Adam, from the day that they go out of their mother’s womb till the day that they return to the mother of all things,”—these words so infallibly find fulfillment, that even the little ones, who by the layer of regeneration have been freed from the bond of original sin in which alone they were held, yet suffer many ills, and in some instances are even exposed to the assaults of evil spirits. But let us not for a moment suppose that this suffering is prejudicial to their future happiness, even though it has so increased as to sever soul from body, and to terminate their life in that early age.

## Footnotes

* ↑ Job vii. 1.
* ↑ Compare Goldsmith’s saying, “We begin life in tears, and every day tells us why.”
* ↑ Ecclus. xl. 1.