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(3-judge panel, 9th Circuit) Rules ALL GITMO detainees must have access to an attorney
Fox

Posted on 12/18/2003 11:46:39 AM PST by Dog

AP via Fox news alert..

Lord help us from the judges..


TOPICS: Breaking News
KEYWORDS: 9thcircuit; courts; detainees; gitmo; jihadinamerica; judges; oligarchy
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To: TheBattman
Yeah, and the House isn't the Senate.

The original quote was "IMHO it is time for the SENATE to institute impeachment proceedings."

The Senate can't institute impeachment proceedings because the House does that. Art. I, Sec. 2, Cl. 5.
181 posted on 12/18/2003 1:00:04 PM PST by Viva Le Dissention
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To: oceanview
Perhaps not and I hope you are right. However, There are many issues dividing Bush from some of his conservative base (ie. Perscription drugs, Patriot Act, Immigration Reform) that could weaken his reelection bid. At this distance from the election, I am not willing to concede a cake walk the to Republicans even if the opponent is Dean. The Kean Coimmission Report leaks are also sure to take a edge off the Saddam bounce.
182 posted on 12/18/2003 1:00:09 PM PST by JimSEA
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To: Dog
Why would the 9th District have jurisdiction over Gitmo?
183 posted on 12/18/2003 1:00:15 PM PST by Tribune7 (David Limbaugh never said his brother had a "nose like a vacuum cleaner")
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To: hankbrown
we need a 15 year term limit for all federal judges, regardless of party affiliation. lifetime appointment to the federal bench is failing this country.
184 posted on 12/18/2003 1:00:27 PM PST by oceanview
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To: hankbrown
I'll bet the full 9th circuit will review this.
185 posted on 12/18/2003 1:00:41 PM PST by MEG33 (We Got Him!)
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To: oceanview
we need a 15 year term limit for all federal judges, regardless of party affiliation. lifetime appointment to the federal bench is failing this country.

Can't really disagree with that

186 posted on 12/18/2003 1:01:33 PM PST by hankbrown
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To: Tribune7
"Why would the 9th [Circuit] have jurisdiction over Gitmo?"

see 122
187 posted on 12/18/2003 1:02:08 PM PST by John Beresford Tipton
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To: Dog
What's their phone numbers and addresses???
188 posted on 12/18/2003 1:02:33 PM PST by Godfollow
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To: oceanview
the Dem Senate would never have voted for it after 9/11

I disagree. Had GWB asked for it, he would have gotten it.

And I believe he could still make the case before America today (citing this particular incident as one reason among many), and that he'd get it.

The first pseudo-declaration was foolish, and evolved from a smoke-filled room. It grants nothing under color of law.

189 posted on 12/18/2003 1:04:05 PM PST by angkor
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To: oceanview
the Dem Senate would never have voted for it after 9/11

I disagree. Had GWB asked for it, he would have gotten it.

And I believe he could still make the case before America today (citing this particular incident as one reason among many), and that he'd get it.

The first pseudo-declaration was foolish, and evolved from a smoke-filled room. It grants nothing under color of law.

190 posted on 12/18/2003 1:04:08 PM PST by angkor
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To: oceanview
what's your point?

That even Nazi prisoners of war went home.

191 posted on 12/18/2003 1:05:35 PM PST by Lazamataz (A poem, by Lazamataz: "What do we do with Saddam, Now that we gottim?")
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To: angkor
"declaration of war against al Qaeda, et al, but that perhaps has other ramifications"

This decision has nothing to do with that, it went off on the status of Gitmo.

Govt does not want to declare war, would make all provisions of Geneva Convention on Prisoners of War applicable.

War is traditionally between states; we never declared war on a non-state.
192 posted on 12/18/2003 1:06:26 PM PST by John Beresford Tipton
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To: Lazamataz
That's true, but in many (perhaps even most), it was year(s) after the war ended.

Not one of the United States's proudest moments.
193 posted on 12/18/2003 1:07:16 PM PST by Viva Le Dissention
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To: John Beresford Tipton
Brother of a detainee lives in the Central District of California, and is petitioner in the application. [It's all in the opinion]

Oh, cool. I want the 9th Circuit Court of Appeals to declare Russia to be American Territory because I have a friend who visits there occasionally, who lives in California.

Makes as much sense as what these ass-clowns did today.

194 posted on 12/18/2003 1:08:22 PM PST by Lazamataz (A poem, by Lazamataz: "What do we do with Saddam, Now that we gottim?")
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To: Dog
How exactly do these f#$%ing traitors have jurisdiction over something in Cuba when they are on the West Coast ???
195 posted on 12/18/2003 1:09:14 PM PST by Centurion2000 (Resolve to perform what you ought, perform without fail what you resolve.)
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To: John Beresford Tipton
Brother of a detainee lives in the Central District of California, and is petitioner in the application. [It's all in the opinion]

F.N. credible.

196 posted on 12/18/2003 1:11:33 PM PST by Tribune7 (David Limbaugh never said his brother had a "nose like a vacuum cleaner")
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To: hankbrown
Actually the court found it had jurisdiction due to the substantial federal military facilities in California (question is whether the court can get jurisdiction over Rumsfield who is the custodian of the plaintiff).
197 posted on 12/18/2003 1:11:44 PM PST by hankbrown
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To: Dog


198 posted on 12/18/2003 1:14:38 PM PST by Diogenesis (If you mess with one of us, you mess with all of us)
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To: hankbrown
Actually the court found it had jurisdiction due to the substantial federal military facilities in California

Neat, that means that California has jurisdiction over military bases in Illinois.

Ass clowns.

199 posted on 12/18/2003 1:15:30 PM PST by Lazamataz (A poem, by Lazamataz: "What do we do with Saddam, Now that we gottim?")
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To: hankbrown
Actually the court found it had jurisdiction due to the substantial federal military facilities in California (question is whether the court can get jurisdiction over Rumsfield who is the custodian of the plaintiff).

Tortuous logic.

200 posted on 12/18/2003 1:15:51 PM PST by demlosers (Light weight and flexible - radiation shielding is solved.)
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