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Foreign Terror Suspects Can Use U.S. Courts
Reuters ^ | 6/28/04 | BearFan

Posted on 06/28/2004 7:52:56 AM PDT by BearFan

WASHINGTON (Reuters) - The U.S. Supreme Court (news - web sites) ruled on Monday that foreign terrorism suspects at a U.S. military base at Guantanamo Bay in Cuba can use the American legal system to challenge their detention, a major defeat for President Bush.

By a 6-3 vote, the justices ruled that American courts do have jurisdiction to consider the claims of the prisoners who say in their lawsuits they are being held illegally in violation of their rights.

(Excerpt) Read more at story.news.yahoo.com ...


TOPICS: War on Terror
KEYWORDS: detainees; enemeycombatant; gitmo; ruling; scotus; terrorists
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1 posted on 06/28/2004 7:52:56 AM PDT by BearFan
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To: BearFan; All

Wrong wrong wrong wrong wrong wrong wrong wrong wrong.....


2 posted on 06/28/2004 7:54:08 AM PDT by KevinDavis (Let the meek inherit the Earth, the rest of us will explore the stars!)
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To: BearFan

Let me guess, O'Connor, Souter, Stevens, Breyer, Ginsburg, and Kennedy.


3 posted on 06/28/2004 7:55:35 AM PDT by COEXERJ145
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To: BearFan

Sounds like SCOTUS's friends are:

http://www.cpusa.org/

http://www.dsausa.org/

DSA's "Progressive Caucas" Links below:

http://bernie.house.gov/pc/

http://bernie.house.gov/pc/members.asp

The Enemy Within!!!!


4 posted on 06/28/2004 7:57:13 AM PDT by Defender2 (Defending Our Bill of Rights, Our Constitution, Our Country and Our Freedom!!!!)
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To: KevinDavis; Lazamataz

SCOTUS seems to be very confused this morning.


5 posted on 06/28/2004 8:00:41 AM PDT by BenLurkin
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To: BearFan

Hold on, this is Reuter's reportage.


6 posted on 06/28/2004 8:02:00 AM PDT by UB355
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To: BearFan
NICE! American citizens' rights are eroded while those rights of non-citizens are placed above American citizens' rights.

Yep, the republic is __OVER__. Benjamin Franklin knew it, we couldn't keep a Republic. Alexander Tyler was also right. I just need 10 more years before I can afford to emigrate.

7 posted on 06/28/2004 8:03:06 AM PDT by xrp
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To: BearFan

I can see why the 911 plotters did't have the SCOTUS on their list of targets.

Wouldn't want to rile up those who side with you all too frequently.

Even many of the justices just don't seem to get it. We are at war ..

Did the WTC and Pentagon victims and families get their day in court? You might say they did today.. and they lost, imo.

We all lost.


8 posted on 06/28/2004 8:03:16 AM PDT by NormsRevenge (Semper Fi Mac ... Godspeed x40 ... Support Our Troops!!! ......Become a FR Monthly Donor ...)
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To: BenLurkin

SCOTUS has been confused for a long time. OTOH, maybe they want pesky Gitmo cases to avoid dealing with issues real to Americans.


9 posted on 06/28/2004 8:03:36 AM PDT by Calvin Locke
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To: BearFan

They should've had a military tribunal, pronto. Ridiculous decision.


10 posted on 06/28/2004 8:04:42 AM PDT by GVnana
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To: BearFan

Funny, MSNBC is calling it a victory for Bush.

This reminds me of the affirmative action rulings last year, where another O'Connor ruling tried to split the difference yet ended up with a confused mess.


11 posted on 06/28/2004 8:05:09 AM PDT by Numbers Guy
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To: BenLurkin
SCOTUS seems to be very confused this morning.

It's a defeat. It's a victory. It's Both (SNL Desert/Floor Wax sketch)

12 posted on 06/28/2004 8:06:22 AM PDT by The_Victor
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To: Numbers Guy
This reminds me of the affirmative action rulings last year, where another O'Connor ruling tried to split the difference yet ended up with a confused mess.

I smell O'Connor and her love of "international law" all over this one.

13 posted on 06/28/2004 8:07:34 AM PDT by COEXERJ145
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To: BearFan; Dog Gone
http://a257.g.akamaitech.net/7/257/2422/28june20041215/www.supremecourtus.gov/opinions/03pdf/03-334.pdf

Worst Supreme Court decision since Dred Scott.

14 posted on 06/28/2004 8:09:43 AM PDT by Thud
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To: COEXERJ145
"I smell O'Connor and her love of "international law" all over this one."

You got it. Her and the rest of the DemocRAT mentality incompetents on that, and a lot of other courts in America today.

15 posted on 06/28/2004 8:13:24 AM PDT by Matchett-PI (All DemocRATS are either relativists, libertines or anarchists.)
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To: Numbers Guy

there are two rulings here. this part regarding the detainees is a sure defeat for Bush, and for all of us.


16 posted on 06/28/2004 8:14:06 AM PDT by oceanview
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To: Thud

indeed. I could live with the part of the decision regarding Hamdi (maybe).

But this part on somehow bestowing US rights on non citizens being held as prisoners outside the US - is total insanity. total.


17 posted on 06/28/2004 8:15:47 AM PDT by oceanview
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To: BearFan
Those who make a career of, and earn their livelihood from their involvement with, the legal system care more about their paychecks and prominence than our security.
18 posted on 06/28/2004 8:19:52 AM PDT by Freedom of Speech Wins
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To: NormsRevenge

Who needs the ICC now?


19 posted on 06/28/2004 8:20:48 AM PDT by Carry_Okie (There are people in power who are truly evil.)
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To: COEXERJ145
I smell O'Connor and her love of "international law" all over this one

Ronald Reagan's worst decision(along with Kennedy) during his Presidency, IMO.

20 posted on 06/28/2004 8:20:48 AM PDT by Dane
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To: BearFan

Isn't there some provision for removing Supreme Court Justices from the bench for acts of Treason and or blatant violations of the US Constitution?


21 posted on 06/28/2004 8:20:55 AM PDT by JustAnAmerican
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To: BearFan

Apparenltly the Supreme Court held that "Freedom of Religion" includes the islamists practice of killing infidel to please their angry moon god, and should not be infringed by the lesser need for the infidel to live unmolested.


22 posted on 06/28/2004 8:21:08 AM PDT by rageaholic
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Apparently, the SCOTUS did not buy the argument that Gitmo is not under the US jurisdiction.

Gitmo is an special case, since the Cuban government has only a meaningless "sovereignty" over the area. The Cuban government cannot terminate the "lease" of the base, therefore, it is perpetually held by the US. If the US abandons the area, then the Cuban government will be able to exert jurisdiction. Until then, Gitmo is de facto American colony.

Other US military bases overseas do not follow this model.

Justice John Paul Stevens said for the majority that U.S. courts have jurisdiction to consider challenges to the legality of the detention of foreign nationals captured abroad in connection with hostilities and incarcerated at Guantanamo Bay.

The justices overturned a U.S. appeals court ruling that dismissed the lawsuits on the grounds that the military base was outside U.S. sovereign territory and that writs of habeas corpus were unavailable to foreign nationals outside U.S. territory.


23 posted on 06/28/2004 8:21:22 AM PDT by george wythe
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To: BearFan
Time for a no quarter to terrorists policy.

Let them be martrys.

Eliminate the terrorists, don't detain them.

No surrender.

No negotiating with terrorists.

24 posted on 06/28/2004 8:22:57 AM PDT by Freedom of Speech Wins
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To: oceanview
Agreed.

The U.S. Constitution is for the benefit of U.S. citizens. No one else.

Maybe another Amendment is necessary so the pointy headed elitists on SCOTUS will remember who they really work for - Americans.

25 posted on 06/28/2004 8:23:52 AM PDT by BenLurkin
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To: oceanview
I've opened a thread for a legal discussion of it here:

http://www.freerepublic.com/focus/f-news/1161671/posts

26 posted on 06/28/2004 8:24:06 AM PDT by Thud
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To: The_Victor
I thought of another SNL skit-

It's a blessing...
and a curse.

27 posted on 06/28/2004 8:24:30 AM PDT by kinsman redeemer (the real enemy seeks to devour what is good)
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To: BearFan

I think this report is way off the mark. I heard the the SCOATA only held that American Citizen's at GITMO had this right.


28 posted on 06/28/2004 8:25:12 AM PDT by ItsTheMediaStupid
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To: Freedom of Speech Wins

ditto - what you said.


29 posted on 06/28/2004 8:25:14 AM PDT by kinsman redeemer (the real enemy seeks to devour what is good)
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To: BearFan

This is crazy.

Did we grant access to US courts for POWs held here in WWII?


30 posted on 06/28/2004 8:25:46 AM PDT by wardaddy (It may take at least 1,000,000 deaths on US soil to bring America to a true war footing....sadly.)
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To: george wythe

I would fly all these prisoners to Afghanistan then, right away, before the ACLU starts filing to have them released.


31 posted on 06/28/2004 8:25:47 AM PDT by oceanview
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To: All

Of course Congress can pass a bill saying that the federal courts cannot hear any case relating to terrorists captured outside the U.S. All it takes is a simple majority vote and the Supreme Court is powerless to stop or over turn it.


32 posted on 06/28/2004 8:27:15 AM PDT by COEXERJ145
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To: wardaddy

actually, yes.


33 posted on 06/28/2004 8:27:49 AM PDT by rageaholic
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To: kinsman redeemer
I thought of another SNL skit-

It's a blessing...
and a curse.

So.... thinking of SNL skits is a blessing and a curse?

I'd agree with that.

34 posted on 06/28/2004 8:28:07 AM PDT by The_Victor
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To: BearFan

Dammit, those liberal, America-hating SCOTUS scumbags just tied another arm behind all of us.

How do we recall them, or isn't that possible?


35 posted on 06/28/2004 8:29:43 AM PDT by 7.62 x 51mm (• © • ™ • ® •)
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To: 7.62 x 51mm
How do we recall them, or isn't that possible?

Same way the President would be. Impeachment by the House followed by trial and convection or acquittal by the Senate.

36 posted on 06/28/2004 8:32:17 AM PDT by COEXERJ145
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To: BearFan; Poohbah; section9; Dog

Guess that means we take no more prisoners...


37 posted on 06/28/2004 8:32:40 AM PDT by hchutch ("Go ahead. Leave early and beat the traffic. The Milwaukee Brewers dare you." - MLB.com 5/11/04)
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To: oceanview
I would fly all these prisoners to Afghanistan then, right away, before the ACLU starts filing to have them released.

I agree.

Either that, or buy off some island in the Indian Ocean, such as Diego Garcia, where the local government will be allowed to retain meaningful sovereignty over the island.

38 posted on 06/28/2004 8:32:53 AM PDT by george wythe
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To: BearFan

So the justice system is accessible to citizens and non-citizens alike.

Good call.


39 posted on 06/28/2004 8:34:30 AM PDT by Lunatic Fringe (John F-ing Kerry??? NO... F-ING... WAY!!!)
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To: rageaholic

For crimes committed outside the POW camps or as grievances redress?

I'd be grateful for backup links as that topic is not my forte.

That sensational German informant case where the killers were executed (hung I think)...that was by a martial jury was it not?


40 posted on 06/28/2004 8:36:21 AM PDT by wardaddy (It may take at least 1,000,000 deaths on US soil to bring America to a true war footing....sadly.)
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To: COEXERJ145

"Same way the President would be. Impeachment by the House followed by trial and convection or acquittal by the Senate."

I sure hope GOPers in the House get spitting mad and do it, and maybe the GOPers in the Senate will grow some spines or cajones.

Nah, won't happen. I have confidence in the House, but the Senate is garbage, with a few exceptions (Santorum, Miller etc...).


41 posted on 06/28/2004 8:36:33 AM PDT by 7.62 x 51mm (• © • ™ • ® •)
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To: BearFan

Only if we can tax al Qaida!


42 posted on 06/28/2004 8:37:35 AM PDT by SMARTY
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To: wardaddy

correct, courts marshal only.


43 posted on 06/28/2004 8:38:09 AM PDT by rageaholic
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To: BearFan

I think this is good. The system for war has shown it works. We can have a president make emergency orders restricted rights for a period of time while the courts slowly churn along and put those rights back. Its how it is supposed to work.


44 posted on 06/28/2004 8:50:36 AM PDT by VRWC_minion
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To: Numbers Guy
Funny, MSNBC is calling it a victory for Bush.

Well...it is. If you consider pandering to the left "victory".

45 posted on 06/28/2004 8:51:14 AM PDT by BureaucratusMaximus (Michael Moore...future Atkins diet poster boy? I think not.)
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To: george wythe

actually, I wonder now if a US military base in a foreign country can be declared by the Court as being a de-facto colony of the US? I think it can based on this ruling, the country may be soverign, but the US base may not be.


46 posted on 06/28/2004 8:52:44 AM PDT by oceanview
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To: oceanview
actually, I wonder now if a US military base in a foreign country can be declared by the Court as being a de-facto colony of the US? I think it can based on this ruling, the country may be soverign, but the US base may not be.

Its not too far fetched...aren't our embassies in foreign lands actually considered soverign land of the U.S.?

47 posted on 06/28/2004 8:54:50 AM PDT by BureaucratusMaximus (Michael Moore...future Atkins diet poster boy? I think not.)
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To: oceanview
actually, I wonder now if a US military base in a foreign country can be declared by the Court as being a de-facto colony of the US? I think it can based on this ruling, the country may be soverign, but the US base may not be.

Apparently this doesn't apply to bases on foreign soil. The problem with Gitmo is that while it is "leased" from Cuba, they cannot terminate the lease.

The solution is to setup a camp in Afghanistan and ship the terrorists there. This puts them out of the reach of the Supreme Court.

48 posted on 06/28/2004 8:55:39 AM PDT by COEXERJ145
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To: COEXERJ145

we have facilities in Afghanistan. but the court would likely issue an order to stop the flight of Gitmo detainees there.


49 posted on 06/28/2004 8:57:16 AM PDT by oceanview
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To: BearFan

Let 'em loose and we'll have homicide bombers blowing up our shopping malls, just like Israel. But we'll be a "just" society! (barf)


50 posted on 06/28/2004 8:57:29 AM PDT by Ciexyz ("FR, best viewed with a budgie on hand")
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