Posted on 08/14/2009 4:03:47 PM PDT by markomalley
(B) Terrorist activities
(VI) is a member of a terrorist organization described in clause (vi)(III), unless the alien can demonstrate by clear and convincing evidence that the alien did not know, and should not reasonably have known, that the organization was a terrorist organization;
(VIII) has received military-type training (as defined in section 2339D (c)(1) of title 18) from or on behalf of any organization that, at the time the training was received, was a terrorist organization (as defined in clause (vi)); or
(IX) is the spouse or child of an alien who is inadmissible under this subparagraph, if the activity causing the alien to be found inadmissible occurred within the last 5 years,
is inadmissible.
If Bam-Bam closes Gitmo and attempts to bring the internees into an American prison, it seems to me that it would be a violation of law. I didn't read anything in that section that gave the Secretary of State or Secretary of Homeland Security or the Attorney General the right to waive that law. And, according to Article I Section 8, this is Congress' job, not Barry's.
There are a couple of exceptions: the law says that the US has extraterritorial jurisdiction over participation in nuclear and weapons of mass destruction threats to the United States (18 USC § 832) and acts of terrorism transcending national boundaries (18 USC § 2332b). The former is pretty self-explanatory, but the latter does need a little look. For a person to be charged with violating 18 USC 2332b, he has to be materially implicated in a terrorist act that occurred in the US. For example, we could bring one of these scum under this provision who was implicated in 9/11, but we would have no legal jurisdiction over a criminal implicated in the Spanish train bombing.
Where am I wrong? And if I'm not, do we know any conservative attorneys who would be able to file an injunction to prevent him from importing these people?
I think now that Sotomayor is on the SC a change may come about ....
Nice catch and I hope it works. Would be interesting to find out the Bamoids have overlooked this one little detail. But of course he buddies in Congress could always amend the law to accommodate his desire to bring these pukes here.
Now, if they were to be released for some reason - as in an order from a US federal district judge as an example - then Title 8 § 1182, would be germane. But, I believe even then, certain waivers can be granted by the executive branch. As an example, if someone would be a cooperating witness, they could theoretically be granted a visa, even if prior actions would preclude their admission.
Obie doesn’t care about US law, he does whatever he wants because anyone who tries to stop him is considered a racist.
The people who wish to make make him obey the law have become to cowardly to save their own country.
Ya know, I see a lot of guys with them "terrorist hunting licenses" in their pickup's back window.
Actually, that's what I'd like to see. A roll call vote on that measure.
They would attach it to something else, on a voice vote, ,but I would like to watch that unfold, too.
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