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Keyword: habeascorpus

Brevity: Headers | « Text »
  • Russia declares Khodorkovsky arrested in absentia

    12/23/2015 1:42:03 PM PST · by Olog-hai · 7 replies
    Associated Press ^ | Dec. 23, 2015 4:10 PM EST
    Russia's top investigative body on Wednesday declared Mikhail Khodorkovsky as arrested in absentia, two years after the Kremlin critic and former oil tycoon was pardoned after serving 10 years in prison. Investigators earlier this month accused the former billionaire of involvement in the 1998 murder of a Siberian mayor. On Tuesday, Russian officials searched the residences of several employees of his Open Russia foundation in connection with a probe into a privatization deal. ...
  • Via handwriting analysis, scholar discovers unknown Magna Carta scribe

    09/04/2015 2:06:01 PM PDT · by SunkenCiv · 17 replies
    Phys dot Org ^ | September 2, 2015 | Angela Becerra Vidergar
    Eight hundred years ago, one of the world's most important documents was born. Issued by King John of England in 1215, the Magna Carta ("Great Charter") acknowledged the rights of citizens and set restrictions on the power of the king. The Magna Carta has influenced the structures of modern democracies, including the writ of habeas corpus of the U.S. Constitution... According to Treharne, her research suggests the Salisbury Magna Carta was not just received and preserved at Salisbury, but that the Salisbury Magna Carta was written at Salisbury by one of the cathedral's own scribes. She recently co-published her findings...
  • Biker attorney seeks to replace judges, demands immediate release of clients

    05/26/2015 7:09:58 PM PDT · by mac_truck · 470 replies
    Waco Tribune ^ | 5/26/15 | TOMMY WITHERSPOON
    An attorney for two men arrested in the May 17 Twin Peaks shootout between rival bikers says his clients are being held illegally and is seeking to replace all McLennan County judges connected to the case. Austin attorney Adam Reposa alleges in motions filed Tuesday that the charging documents filed against his clients, and the 168 others jailed in the chaotic melee, are legally insufficient. He also claims that the $1 million bonds are unreasonably oppressive and that the judge who set them and the judges who, so far, have not reduced them have shown bias and should be recused....
  • Rick Perry files habeas corpus motion to dismiss case

    08/25/2014 12:59:07 PM PDT · by SeekAndFind · 60 replies
    Hotair ^ | 08/25/2014 | Ed Morrissey
    Well, what fun is that? Many were hoping to munch popcorn and see Rick Perry’s attorneys spend the next few months ripping Travis County DA Rosemary Lehmberg to shreds over her blatantly political effort to get the Texas governor indicted for cutting off her funding. Accusing Perry of being drunk with power is rather amusing, under the circumstances, but apparently Perry has better things to do with his time: The writ claims the charges of abuse of power and coercion filed against Perry are unconstitutional and that Perry was simply exercising his constitutional veto powers when he vetoed funding...
  • Court Orders Pre-Trial Detention for Saakashvili in Absentia

    08/01/2014 11:42:34 PM PDT · by wetphoenix · 2 replies
    Civil.Ge ^ | August 2, 2014
    Tbilisi City Court accepted prosecution’s motion and ordered pre-trial detention of former President Mikheil Saakashvili in absentia. Preliminary court hearing – the stage when a presiding judge, among other issues, decides on the admissibility of evidence submitted by the parties – has been set for September 22. Prosecutor’s office has charged Saakashvili with exceeding official powers in connection to break up of the anti-government protest rallies on November 7, 2007, and raid on and “seizure” of Imedi TV station. “Ahead of the August war [six-year] anniversary Putin could not have imagined more desirable present than Georgian authorities ordering my arrest,”...
  • Prosecutors: DC trial can start without defendant

    07/23/2013 6:15:12 AM PDT · by Olog-hai · 10 replies
    Associated Press ^ | Jul 22, 2013 5:59 PM EDT | Eric Tucker
    District of Columbia prosecutors say a German man charged with killing his elderly wife is forfeiting his right to be present for his own trial by engaging in lengthy hunger strikes, and a judge would be authorized to proceed without him. Albrecht Muth is awaiting trial in the August 2011 strangulation and beating death of his 91-year-old wife Viola Drath, a fellow German expatriate and journalist, inside the couple’s Georgetown row home. His periodic bouts of starvation, and resulting physical weakness and hospital stays, have delayed court proceedings and exasperated the judge and lawyers on both sides. …
  • "Planet of the Apes" ... Advocacy Group to Name Captive Chimp as Plaintiff in Historic Case

    07/17/2013 7:18:39 PM PDT · by DogByte6RER · 8 replies
    Boston Globe ^ | July 14, 2013 | Chris Berdik
    Should chimpanzees have legal rights? The ‘animal personhood’ movement believes dolphins, great apes, and elephants deserve to be able to sue — and now it has a plaintiff. Somewhere in America—its lawyers won’t say where—a chimpanzee is about to have its day in court. In the next few months, an animal advocacy group called the Nonhuman Rights Project plans to file a case on behalf of its first animal client. It has already chosen the plaintiff, a captive chimp, on whose behalf it plans to file a writ of habeas corpus and ask a state court judge to grant the...
  • Dead Russian lawyer Magnitsky found guilty

    07/11/2013 4:30:57 PM PDT · by Olog-hai · 9 replies
    Associated Press ^ | Jul 11, 2013 2:38 PM EDT | Jim Heintz
    More than three years after he died in prison, whistle-blowing Russian lawyer Sergei Magnitsky was found guilty of tax evasion by a Moscow court Wednesday. The posthumous trial of Magnitsky was a macabre chapter in a case that ignited a high-emotion dispute between Russia and Washington that has included U.S. sanctions against Russians deemed to be human rights violators, a ban on the adoption of Russian children by U.S. citizens and calls for the closure of Russian non-governmental organizations receiving American funding. Magnitsky was a lawyer for U.S.-born British investor William Browder when he alleged in 2008 that organized criminals...
  • June 15 1215 King John signs Magna Carta at Runnymede, England

    06/15/2003 6:27:59 AM PDT · by Valin · 20 replies · 1,155+ views
    Preamble: John, by the grace of God, king of England, lord of Ireland, duke of Normandy and Aquitaine, and count of Anjou, to the archbishop, bishops, abbots, earls, barons, justiciaries, foresters, sheriffs, stewards, servants, and to all his bailiffs and liege subjects, greetings. Know that, having regard to God and for the salvation of our soul, and those of all our ancestors and heirs, and unto the honor of God and the advancement of his holy Church and for the rectifying of our realm, we have granted as underwritten by advice of our venerable fathers, Stephen, archbishop of Canterbury, primate...
  • Copy of Magna Carta to be sold

    09/26/2007 5:49:54 AM PDT · by newzjunkey · 11 replies · 82+ views
    AP (via Yahoo) ^ | Tue Sep 25, 8:31 PM ET | Associated Press
    A 13th-century copy of the Magna Carta, a milestone of English freedom, will be offered for sale in New York in December, Sotheby's auction house said Tuesday. The vellum manuscript owned by the Perot Foundation is estimated to sell for $20 million to $30 million, Sotheby's said. The document was on display at the National Archives in Washington for more than 20 years until last Thursday. King John was forced by barons to agree to the charter in 1215. It guaranteed that freemen would not be imprisoned or deprived of property without due process, including a right to a speedy...
  • Magna Carta copy sold for £10.6m[$21.3M]

    12/19/2007 5:55:13 AM PST · by BGHater · 25 replies · 87+ views
    BBC ^ | 19 Dec 2007 | BBC
    The 1297 copy of the Magna Carta is the only one in private ownership A rare copy of the Magna Carta has been sold for £10.6m ($21.3m) in an auction at Sotheby's in New York.The copy dating from 1297, one of only 17 still in existence, was bought by US businessman David Rubenstein. The auction item had been owned by American billionaire Ross Perot's Perot Foundation since 1984 and was on view at the National Archives in Washington. The original Magna Carta was sealed by King John of England in 1215 and enshrined civil rights in English law. 'Temporary...
  • Magna Carta fetches $21.3-million at Sotheby's auction

    12/19/2007 10:26:17 PM PST · by camerakid400 · 5 replies · 114+ views
    The National Post ^ | Dec 20 2007 | Christopher Michaud
    NEW YORK -- A rare 710-year-old copy of the Magna Carta, among the most important historical documents ever to hit the auction block, sold for US$21.3 million Tuesday at Sotheby's. The document was bought by a Washington businessman who said he was determined to see it remain in the United States, where it has been on display at the National Archives and Records Administration since 1988. The last remaining copy in the United States and the last in private hands, the Magna Carta, one of 17 known to exist, was sold by The Perot Foundation, created by billionaire former U.S....
  • Magna Carta

    06/12/2009 6:31:41 AM PDT · by ZULU · 13 replies · 634+ views
    Constitution Society ^ | June 15, 1215 | Archbishop Langdon (?)
    The Magna Carta(The Great Charter)Preamble: John, by the grace of God, king of England, lord of Ireland, duke of Normandy and Aquitaine, and count of Anjou, to the archbishop, bishops, abbots, earls, barons, justiciaries, foresters, sheriffs, stewards, servants, and to all his bailiffs and liege subjects, greetings. Know that, having regard to God and for the salvation of our soul, and those of all our ancestors and heirs, and unto the honor of God and the advancement of his holy Church and for the rectifying of our realm, we have granted as underwritten by advice of our venerable fathers, Stephen,...
  • Lincoln's Magna Carta almost destroyed

    09/16/2009 6:10:23 AM PDT · by BGHater · 8 replies · 803+ views
    Lincolnshire Echo ^ | 16 Sep 2009 | Lincolnshire Echo
    A US worker came within seconds of destroying Lincoln's copy of the Magna Carta after nearly spraying it with a chemical cleaner. The 800-year-old document is currently on display in New York, but almost met a sticky end thanks to an overzealous cleaner. Lincoln Cathedral's archive conservation consultant Chris Woods accompanied the document, spending hours making sure the inked sheepskin which contains the charter of freedom, was placed correctly into a £42,000 vacuum-sealed display case to keep it safe from the elements. And it was, until a lock briefly malfunctioned just as a workman tried to give it a last...
  • Human rights laws existed before the Magna Carta (Jews followed it in the Torah long before that)

    06/16/2010 6:58:36 AM PDT · by SeekAndFind · 10 replies · 251+ views
    American Thinker ^ | 06/16/2010 | Ethel Fenig
    With all due respect to that Iron Lady, former British Prime Minister Margaret Thatcher, a woman I truly admire, human rights did not begin with the Magna Carta as she is quoted in yesterday's commemoration of the anniversary of the document by Robert Morrison. A few thousand years before England's King John signed the Magna Carta against his will and the English were just another group of lawless, warring tribes, the Jews, former slaves who fled Egypt on their way to the Promised Land of Israel, willingly received the Torah at Sinai. Codified and interpreted by generations of rabbis,...
  • The Royal Forests (by Tom McClintock)

    01/07/2011 2:59:54 PM PST · by CounterCounterCulture · 56 replies
    Tom McClintock Congressional website ^ | 7 January 2011 | Tom McClintock
    During the despotic eras of Norman and Plantagenet England, the Crown declared one third of the land area of Southern England to be the royal forest, the exclusive preserve of the monarch, his forestry officials and his favored aristocrats. The people of Britain were forbidden access to and enjoyment of these forests under harsh penalties. This exclusionary system became so despised by the people that in 1215, five clauses of the Magna Carta were devoted to redress of grievances that are hauntingly similar to those that are now flooding my office. The Royal Forests House Chamber, Washington, D.C. January...
  • Indiana Supreme Court Saying Magna Carta Isn’t Fit For Purpose About Freedom?

    05/14/2011 10:09:28 AM PDT · by sussex · 15 replies
    The Aged P.com ^ | the Aged P
    No freeman is to be taken or imprisoned or disseised of his free tenement or of his liberties or free customs, or outlawed or exiled or in any way ruined, nor will we go against such a man or send against him save by lawful judgement of his peers or by the law of the land. To no-one will we sell or deny of delay right or justice.
  • National Archives unveils fortified display case for Magna Carta

    02/03/2012 5:11:52 AM PST · by Jacvin · 8 replies
    CNN ^ | 2/3/2012 | Paul Courson
    Washington (CNN) -- The only original copy of the Magna Carta in private hands worldwide has a fancy new display case at the National Archives, where the document goes on display next month. "This 700-year-old document looks better than ever," said David Ferriero, the archivist of the United States. He said Thursday that the handwritten, fragile parchment will be unveiled February 17. The owner of the display copy was also at Thursday's preview. David Rubenstein, co-founder of the Carlyle Group investment company, said, "it is my privilege as an American to be able to give this back to the Archives...
  • University of Iowa’s Center for Book creates paper for national Magna Carta display (with video)

    02/10/2012 4:38:21 AM PST · by iowamark · 5 replies
    Cedar Rapids Gazette ^ | 9 February 2012 | Emily Busse
    Restored, rare document will go on public display later this month. Starting next week, anyone visiting the U.S. National Archives can gaze at the only original Magna Carta in the United States, thanks, in part, to the work of Iowans. Nestled perfectly beneath the 700-year-old legal document is a sheet of pure white cotton paper, specially made by the University of Iowa’s Center for the Book. “Anyone from the state of Iowa can now go to the National Archives rotunda, get in line, wait your turn, and you can literally lean down your face a foot away from [the documents],”...
  • Magna Carta: Passions still running high in Runnymede

    06/15/2013 9:00:13 PM PDT · by SunkenCiv · 21 replies
    BBC News ^ | June 14, 2013 | Tanya Gupta
    A peace treaty sealed in Runnymede in 1215, signalling the end of a conflict between King John and barons who were in revolt, has once again got passions running high in Surrey. ...a debate is raging on what to do in the place where the charter -- hailed by some as the foundation of English democracy -- was sealed. Plans to build an £8m visitor centre in Runnymede as a legacy of the anniversary were dropped earlier this year because of lack of funds. Surrey County Council, Runnymede Borough Council and the National Trust have all said they are now...
  • Magna Carta

    06/13/2013 9:03:03 AM PDT · by ZULU · 18 replies
    Online Library of Liberty ^ | June 15, 1215 | Various
    Henricus Dei gratia rex Anglie, dominus Hibernie, dux Normannie, Aquitanie, et comes Andegavie, archiepiscopis, episcopis, abbatibus, prioribus, comitibus, baronibus, vicecomitibus, prepositis, ministris et omnibus ballivis et fidelibus suis presentem cartam inspecturis, salutem. Sciatis quod nos, intuitu Dei et pro salute anime nostre et animarum antecessorum et successorum nostrorum, ad exaltationem sancte ecclesie et emendationem regni nostri, spontanea et bona voluntate nostra, dedimus et concessimus archiepiscopis, episcopis, abbatibus, prioribus, comitibus, baronibus et omnibus de regno nostro has libertates subscriptas tenendas in regno nostro Anglie in perpetuum. Henry, by the Grace Of God, King of England, Lord of Ireland, Duke of Normandy...
  • The Power of Habeas Corpus in America

    05/01/2013 6:41:50 PM PDT · by robowombat
    The Power of Habeas Corpus in America From the King’s Prerogative to the War on Terror Anthony Gregory (Author) Hardcover • 436 pages • 6 x 9 inches ISBN-13: 978-1-107-03643-7 Publication Date: 4/18/2013 Publisher: Cambridge University Press Educators: Request a copy for course adoption List Price: $99.00 Price: $59.95 Discount: $39.05 (Save 39%) Misconceptions about habeas corpus—commonly understood as the legal right not to be detained arbitrarily by the government—abound. A bumper sticker slogan critical of George W. Bush’s detention policy reflects a popular myth: “Habeas Corpus, 1215−2006.” Contrary to this view, habeas corpus did not enjoy an unbroken streak...
  • NBC EXCLUSIVE: Justice Department Memo Reveals Legal Case for Drone Strikes on Americans

    02/04/2013 6:29:12 PM PST · by kristinn · 85 replies
    NBC News ^ | Monday, February 4, 2013 | Michael Isikoff
    A confidential Justice Department memo concludes that the U.S. government can order the killing of American citizens if they are believed to be “senior operational leaders” of al-Qaida or “an associated force” -- even if there is no intelligence indicating they are engaged in an active plot to attack the U.S. The 16-page memo, a copy of which was obtained by NBC News, provides new details about the legal reasoning behind one of the Obama administration’s most secretive and controversial polices: its dramatically increased use of drone strikes against al-Qaida suspects, including those aimed at American citizens, such as the...
  • Brussels explores creation of 'EU public prosecutor'

    06/05/2012 12:10:36 AM PDT · by Olog-hai · 2 replies
    EU Observer ^ | 2012.06.05 @ 07:59 | Nikolaj Nielsen
    MEPs on the recently established anti-mafia committee and the European Commission have revived talk of creating an EU public prosecutor's office. French center-right deputy Veronique Mathieu—among others—proposed the initiative at a meeting of the anti-crime body in the European Parliament in Brussels on Monday (4 June). EU home affairs commissioner Cecilia Malmström said it would be a "good idea," but added that it needs wider political backing. A parliament spokesman said that several member states are against it as things stand. The new EU office was first mooted in a comission study 12 years ago. It got a legal footing...
  • A New York Judge Is Single-Handedly Blocking The Government's Indefinite Detention Provision

    05/17/2012 6:13:21 AM PDT · by opentalk · 15 replies
    Business Insider ^ | May 17, 2012 | Robert Johnson
    A New York judge ruled yesterday that the government may not lock up American citizens without due process as allowed by the 2012 National Defense Authorization Act (NDAA). Bob Van Voris and Patricia Hurtado at Bloomberg report U.S. District Judge Katherine Forrest ruled against President Obama, Defense Secretary Leon Panetta, and the Department of Defense and in favor of a group opposing provision 1021 of the NDAA. The opposition, including former New York Times reporter Christopher Hedges, filed the complaint January 13....A bit of background: Late last year Senate Armed Services Chairman senior member John McCain (R.-Ariz.) and Carl Levin...
  • Habeas Corpus Stands Firm in El Paso County, Colorado!

    01/17/2012 10:59:07 AM PST · by jmaroneps37 · 19 replies
    coachisright.com ^ | JANUARY 17TH, 2012 | Helen Sabin , staff writer
    Utah had its Sheriff Mack. Maricopa County, Arizona has Sheriff Joe Arpaio. But Colorado Springs, Colorado has Terry Maketa. In November 2011, Sheriff Maketa of El Paso County, Colorado, along with its five County Commissioners struck a blow for freedom and the Constitutional rights of citizens. These six signed a proclamation affirming the right to Habeas Corpus which the National Defense Authorization Bill or Senate Bill 1867 removed when it was signed into law by President Obama. The proclamation which has gone viral, affirms that the local sheriff, who is any county’s top cop, can override actions taken by the...
  • Obama to approve indefinite detention and torture of Americans

    12/14/2011 3:33:01 PM PST · by matt1234 · 29 replies
    Less than a month after he threatened to veto terrifying legislation that would cease constitutional rights as we know it, Obama has revoked his warning and plans to authorize a bill allowing indefinite detention and torture of Americans. After passing in the House of Representatives earlier this year, the National Defense Authorization Act for Fiscal Year 2012 went before the US Senate last week, where it was met with overwhelming approval. In the days before, the Obama administration issued a policy statement on November 17 saying explicitly that the president would veto the bill, as it would challenge “the president’s...
  • Judge unseals document justifying Anderson's detention in Fairbanks militia case

    12/08/2011 4:23:22 PM PST · by marktwain · 4 replies
    newsminer.com ^ | 7 December, 2011 | Sam Friedman
    FAIRBANKS - An associate of Fairbanks militia-leader Schaeffer Cox will appear in court for the first time today since the FBI took him into custody Tuesday afternoon on a material witness warrant. Michael O. Anderson, 35, does not face any criminal charges, but prosecutors say he is an important witness in the investigation into Cox and needed to be detained because he was allegedly avoiding a subpoena. Anderson spent more than six months in jail this year after he was arrested with Cox and three others and accused in state court of planning to kill Alaska State Troopers and court...
  • It Can and Is Happening Here

    12/08/2011 3:14:57 AM PST · by marktwain · 22 replies
    The Dollar Vigilante ^ | 7 December, 2011 | NA
    Less than two months ago I was the guest on a radio program out of Fairbanks Alaska called Patriot's Lament (click here to view the video). Two of the hosts were David Giessel and Joshua Bennett. David and I had become good friends ever since we met at the recent Casey summit. Being a young anarcho-capitalist, we had him on Anarchast (click here to view). Living in Alaska, they had been very curious about my libertarian hideaway in southern Mexico (AcaCondos) and David had made plans to visit this December. That was, until, the FBI with 30 strong wearing body...
  • Martial Law: The Fix Is In (Donofrio)

    12/05/2011 3:46:43 PM PST · by STARWISE · 25 replies
    Natural Born Citizen ^ | 12-5-11 | Leo Donofrio
    The new Martial Law Bill which affirms the detention of American citizens indefinitely without due process of law passed the Senate 93-7. Habeas corpus just got knifed in full daylight, left to bleed in the cracks of the Capitol commingling with the blood of patriots who died for this country. The blood drawn like butter by Senate vampires drooling and gurgling with delight, appetites satiated… for now. Their ecstasy whisps through depraved neurons as their spit foams upon the very name of freedom. And while there are hints Obama may veto it, my opinion is that the bill has been...
  • White House Drafts Executive Order for Indefinite Detention

    12/23/2010 10:14:47 AM PST · by matt1234 · 20 replies · 3+ views
    propublica ^ | Dec. 21, 2010 | Dafna Linzer
    The White House is preparing an Executive Order on indefinite detention that will provide periodic reviews of evidence against dozens of prisoners held at Guantanamo Bay, according to several administration officials. The draft order, a version of which was first considered nearly 18 months ago, is expected to be signed by President Obama early in the New Year. The order allows for the possibility that detainees from countries like Yemen might be released if circumstances there change. But the order establishes indefinite detention as a long-term Obama administration policy and makes clear that the White House alone will manage a...
  • Obama wins the right to detain people with no habeas review

    05/22/2010 6:55:12 PM PDT · by george76 · 29 replies · 1,300+ views
    salon ^ | May 21, 2010 | Glenn Greenwald
    Few issues highlight Barack Obama's extreme hypocrisy the way that Bagram does. As everyone knows, one of George Bush’s most extreme policies was abducting people from all over the world -- far away from any battlefield -- and then detaining them at Guantanamo with no legal rights of any kind, not even the most minimal right to a habeas review in a federal court. Back in the day, this was called "Bush's legal black hole." In 2006, Congress codified that policy by enacting the Military Commissions Act, but in 2008, the Supreme Court, in Boumediene v. Bush, ruled that provision...
  • What Police State Legislation Looks Like

    04/24/2010 6:12:07 AM PDT · by Former MSM Viewer · 29 replies · 1,109+ views
    Elliott Wave ^ | 4-23-10 | Robert Folsum
    Suppose the U.S. Senate passed a law which gives the Federal Government the power to do the following to American citizens who are suspected of a crime: 1.Forbid interrogators from telling the person of their right to remain silent. 2.Forbid interrogators from telling the person of their right to legal counsel. 3.Deny the person habeas corpus protection (the government cannot keep a person in custody without charge). 4.Do all the above not only to a person suspected of a crime, but also to a person who may know about a possible future crime.
  • McCain Proposes Indefinite Detention Without Trial for Citizens (MCCAIN ASSAULTS THE CONSTITUTION)

    04/18/2010 7:09:37 PM PDT · by rabscuttle385 · 221 replies · 4,555+ views
    The New American ^ | 2010-04-18 | Thomas R. Eddlem
    Senator John McCain (R-Ariz.) has introduced a bill that would allow the President to imprison an unlimited number of American citizens (as well as foreigners) indefinitely without trial. Known as The Enemy Belligerent Interrogation, Detention, and Prosecution Act of 2010, or S. 3081, the bill authorizes the President to deny a detainee a trial by jury simply by designating that person an “enemy belligerent.” The bill, which has eight cosponsors, explicitly names U.S. citizens as among those who can be detained indefinitely without trial: An individual, including a citizen of the United States, determined to be an unprivileged enemy belligerent...
  • Police act swiftly after gun purchases

    03/11/2010 7:54:48 PM PST · by marktwain · 59 replies · 1,156+ views
    Mall Tribune ^ | 9 March, 2010 | Anita Burke
    Concerns about an Oregon Department of Transportation employee who purchased several guns after being placed on leave prompted law enforcement across Southern Oregon to step in. Negotiators and a SWAT team from Medford police safely took a man — whose name wasn't released — into protective custody Monday morning in the 500 block of Effie Street, Medford police said in a news release. He was taken to Rogue Valley Medical Center for a mental-health evaluation. The man recently had been placed on administrative leave from his job and was "very disgruntled," the news release said. ODOT Communications Director Patrick Cooney...
  • A Detention Bill You Ought to Read More Carefully (permits indefinite detention of U.S. citizens)

    03/06/2010 7:34:53 PM PST · by rabscuttle385 · 52 replies · 1,437+ views
    The Atlantic ^ | 2010-03-05 | Marc Ambinder
    <p>Why is the national security community treating the "Enemy Belligerent, Interrogation, Detention, and Prosecution Act of 2010," introduced by Sens. John McCain and Joseph Lieberman on Thursday as a standard proposal, as a simple response to the administration's choices in the aftermath of the Christmas Day bombing attempt? A close reading of the bill suggests it would allow the U.S. military to detain U.S. citizens without trial indefinitely in the U.S. based on suspected activity. Read the bill here.</p>
  • Gitmo's 'Professor' linked to terrorism

    08/12/2007 11:07:48 AM PDT · by Enchante · 4 replies · 809+ views
    AP via Yahoo News ^ | 08/12/07 | BEN FOX
    SAN JUAN, Puerto Rico - After more than five years, the Pentagon revealed why it is holding a Saudi nicknamed "the Professor" at Guantanamo Bay, saying he once lived with a Sept. 11 conspirator and received a stipend from Osama bin Laden. Shaker Aamer's lawyer denies the allegations, made after British Prime Minister Gordon Brown last week requested the release of the Saudi, who has been an unofficial leader among the detainees, and four other former residents of Britain. The Bush administration, which has been urging other nations to accept Guantanamo prisoners amid international pressure to close the military jail,...
  • White House Weighs Order on Detention (as in "indefinitely")

    06/27/2009 5:35:23 PM PDT · by neverdem · 9 replies · 822+ views
    Washington Post ^ | June 27, 2009 | Dafna Linzer and Peter Finn
    Officials: Move Would Reassert Power To Hold Terror Suspects Indefinitely Obama administration officials, fearing a battle with Congress that could stall plans to close the U.S. prison at Guantanamo Bay, are crafting language for an executive order that would reassert presidential authority to incarcerate terrorism suspects indefinitely, according to three senior government officials with knowledge of White House deliberations. Such an order would embrace claims by former president George W. Bush that certain people can be detained without trial for long periods under the laws of war. Obama advisers are concerned that an order, which would bypass Congress, could place...
  • Fighting terrorism- Gitmo, torture, no trials, Oh my!

    05/25/2009 8:53:47 PM PDT · by webdfo · 5 replies · 358+ views
    My Uncommon Sense ^ | 5/22/09 | Derek Foley
    When Guantanamo Bay is brought up these days in the media, it is usually in unison with the words “unconstitutional”, “unlawful”, and “unethical”. Some even say it goes against the Geneva Conventions. As you can see by the photo, the detainees have it really bad with their 12 hours of recreation time (Hint my sarcasm). I find this amusing (Yet sad, as always), because a large majority of the people making these claims don’t know the law. Many probably haven’t even read the Constitution nor the Geneva Conventions. So let me say it here and now: waterboarding, the suspension of...
  • Obama Is Said to Consider Preventive Detention Plan

    05/21/2009 3:57:39 PM PDT · by B-Chan · 21 replies · 1,121+ views
    The New York Times ^ | May 20, 2009 | SHERYL GAY STOLBERG
    Obama told human rights advocates at the White House on Wednesday that he was mulling the need for a “preventive detention” system that would establish a legal basis for the United States to incarcerate terrorism suspects who are deemed a threat to national security but cannot be tried...
  • Obama's Habeas Corpus Hypocrisy

    04/20/2009 8:18:18 PM PDT · by Shellybenoit · 1 replies · 267+ views
    WSJ/The Lid ^ | 4/20/09 | The Lid
    At a town hall meeting in Wayne, Pa.,in June 2008,then Sen. Barack Obama, D-Ill., embraced an issue hardly made for his own TV ads: the rights of detainees accused of terrorism. "I think we should make it an issue," Obama said, referring to the 5-4 U.S. Supreme Court decision in Boumediene et al v Bush "that said we are going to live up to our ideals when it comes to rule of law. Basically what it said was those prisoners that we hold in Guantanamo deserve to be able to go before a court and say, “It wasn’t me” or...
  • Off Base on Terror: Judge's Decision Throws Open U.S. Courthouse Doors to Our Worst Enemies

    04/04/2009 6:12:19 AM PDT · by kellynla · 10 replies · 506+ views
    New York Daily News ^ | April 4th 2009 | staff
    A federal judge has taken the fateful step of ruling that three of the 600 prisoners at Bagram air base in Afghanistan have rights under the U.S. Constitution. This is dangerous folly. One can only pray that higher courts reject Judge John Bates' premise that noncitizens are not barred - as long thought - from contesting war captivity abroad in American civilian courts. While Bates emphasized the distinct circumstances of the three, he built his holding on the notion that U.S. control of Bagram gave prisoners a leg up on getting into court. Activists who have taken up the cause...
  • 'Suspend the Writ' ... our troops and old soldiers need to sound off

    07/23/2008 7:48:10 AM PDT · by Sergeant Tim · 18 replies · 352+ views
    911FamilesForAmerica.org ^ | July 23, 2008 | Tim Sumner
    Suspend the Writ. Those are both my words and the title of commentary this morning by Andrew C. McCarthy, the now former federal prosecutor who led the investigation and related prosecutions of the Landmark bomb plotters, as well as of those who conducted the first attack upon the World Trade Center: For the protection of our troops on the battlefield and the security of all Americans, Congress needs, right now, to take action to reverse Boumediene v. Bush, the Supreme Court’s disastrous decision granting constitutional habeas-corpus rights to alien enemy combatants. It’s time to suspend the writ of habeas corpus....
  • Detainee cases begin to move

    07/01/2008 7:22:41 PM PDT · by Dawnsblood · 1 replies · 131+ views
    Scotusblog ^ | 7/1/08 | Lyle Denniston
    Federal District judges in Washington, D.C., who will handle scores of pending and likely future challenges by Guantanamo Bay detainees to their confinement, decided on Monday to shift them temporarily to one judge to work on ways to coordinate the courts’ response. Attorneys for detainees began receiving notices Tuesday that the judges, in a closed-door session earlier in the day, had agreed that District Judge Thomas F. Hogan would handle “coordination and management” issues. The underlying cases will remain with the individual judges for future action on the merits. The judges acted after holding two meetings with lawyers for the...
  • Future Obama Court Choices: Don’t Let Constitution Stand in the Way of Liberals

    06/23/2008 7:10:21 AM PDT · by Invisigoth · 5 replies · 94+ views
    North Star Writers Group ^ | June 23, 2008 | Gregory D. Lee
    The recent Supreme Court decision of Boumediene v. Bush concerning the habeas corpus rights of enemy combatants held at Guantanamo Naval Base illustrates the need for a president who will nominate jurists that follow the Constitution and not their own political ideology. For the first time, the Court has now extended U.S. constitutional rights to foreign nationals residing outside the country. What’s all the more galling is that the recipients of this right were engaged in killing U.S. and coalition forces in Afghanistan and elsewhere. Now, this same court has agreed to hear the petition of a deported Pakistani national...
  • We'll Rue Having Judges on the Battlefield

    06/21/2008 5:49:14 PM PDT · by The_Republican · 14 replies · 233+ views
    WSJ ^ | June 21st, 2008 | ANDREW MCBRIDE
    The Supreme Court's decision in Boumediene v. Bush is being hailed in many quarters as a great victory for civil rights and the rule of law. It is not. In fact, it is a watershed in judicial hubris, and in the continuing trend in our society to convert every form of decision making into a lawsuit. For the first time in our history, the Supreme Court has rejected the considered judgment of both the Congress and the president on an issue of national security. The writ of habeas corpus, a bulwark of domestic liberty, has been extended to foreign nationals...
  • How to Complicate Habeas Corpus

    06/21/2008 5:47:58 PM PDT · by The_Republican · 19 replies · 121+ views
    NYT ^ | June 21st, 2008 | RICHARD A. EPSTEIN
    LAST week’s Supreme Court decision in Boumediene v. Bush settled a key constitutional issue: all prisoners detained at Guantánamo Bay are constitutionally entitled to bring habeas corpus in federal court to challenge the legality of their detention. This 5-4 decision was correct. The conservative justices in the minority were wrong to suggest that the decision constitutes reckless judicial intervention in military matters that the Constitution reserves exclusively for Congress and the president. (Disclosure: I joined in a friend-of-the-court brief filed on the plaintiff’s behalf.) Yet Boumediene is rich in constitutional ironies. In addressing whether non-Americans detained outside the United States...
  • Bush and the Justices Behaved Badly

    06/21/2008 5:46:26 PM PDT · by The_Republican · 11 replies · 116+ views
    National Journal ^ | June 21st, 2008 | Stuar Taylor
    Our Constitution works best when its custodians--the president, Congress, and the judiciary--behave well. In the matter of suspected "enemy combatants," all three have behaved badly. That's why the Guantanamo Bay prison camp has been such a running sore. Even if Guantanamo ends up being closed, the human-rights and public-relations debacles that it symbolizes will continue until a new president and Congress take a grown-up approach to some extremely thorny problems. Problems such as: What should we do with a Guantanamo detainee who, the best available evidence suggests, is probably a jihadist bent on mass murder but who cannot be convicted...
  • Battlefield 'Habeas Corpus'

    06/18/2008 7:41:45 AM PDT · by K-oneTexas · 26 replies · 63+ views
    Townhall.com ^ | June 17, 2008 | Janet M. LaRue
    Battlefield 'Habeas Corpus'Janet M. LaRueTuesday, June 17, 2008 Here’s my advice to our troops in harm’s way based on the U.S. Supreme Court’s reprehensible ruling June 12, which forces the military to treat enemy fighters captured in combat as if they were caught insider trading on Wall Street. In Boumedine v. Bush and Al Odah v. United States, a 5-4 Court majority declared that illegal enemy jihadists you captured outside America, now being held at Guantanamo Bay, Cuba, have a constitutional right to challenge their confinement in civilian courts inside America. The decision is based on a legal principle called...
  • George Will: McCain's Posturing on Guantanamo

    06/16/2008 11:03:49 PM PDT · by The_Republican · 15 replies · 57+ views
    RCP ^ | June 17th, 2008 | George Will
    The day after the Supreme Court ruled that detainees imprisoned at Guantanamo are entitled to seek habeas corpus hearings, John McCain called it "one of the worst decisions in the history of this country." Well. Does it rank with Dred Scott v. Sanford (1857), which concocted a constitutional right, unmentioned in the document, to own slaves and held that black people have no rights that white people are bound to respect? With Plessy v. Ferguson (1896), which affirmed the constitutionality of legally enforced racial segregation? With Korematsu v. United States (1944), which affirmed the wartime right to sweep American citizens...