US court says Britons can take action over Guantanamo treatment (seek $10Mil for “torture”)

AFP via Yahoo! ^ | 5/9/06

[SirJohnBarleycorn]

The conservatives in Congress need to get legislation passed under the enabling clause that provides a bright line between military operations pursuant to the war power on the one hand and the normal prosecutorial power of the executive branch to see that the laws are faithfully executed on the other hand. Discretionary power under such legislation should be delegated to DOD to make factual determinations. Military operations should be defined to include intelligence operations. The legislation should explicitly provide that aliens captured in the course of military operations are not entitled to the U.S. constitutional protections otherwise afforded to persons within territories subject to U.S. sovereign jurisdiction.

[gondramB]

>>There is nothing in the document indicating that it applies only to US citizens.

You don't fint it strange that it "protects" killers traveling to our country for the express purpose of killing us<<


It is strange but we have a long history of ruling that everybody in the United States has constitutional rights.

Be that as it may this particular ruling is based on the Religious Freedom Restoration Act, not specifically the constitution.

This is the key thinking of that act

>>The Congress finds that—
(1) the framers of the Constitution, recognizing free exercise of religion as an unalienable right, secured its protection in the First Amendment to the Constitution;
(2) laws “neutral” toward religion may burden religious exercise as surely as laws intended to interfere with religious exercise;
(3) governments should not substantially burden religious exercise without compelling justification; <<

So this is odd because these people were not in the United States, they were not citizens and we had substantial compelling interest.

[tomahawk]

This country has gone F'ing mad.

It's only a matter of time.

[tomahawk]

You are correct, sir.

The only question now is when the sentence will be carried out.

[CedarDave]

Their radical religious beliefs are to murder Americans. And this crackpot judge thinks they have a right?

[w1andsodidwe]

Probably shopped to this judge because of his record.

[Androcles]

Sigh...maybe it would have been better to shoot them for being out of uniform on the battlefield.

Aren'tthese ones the ones who got id'd as targets of interest and snatched from a third country like Gambia?

[sig226]

Seriously - what religious rights were said to be violated? My understanding is we've been jumping through hoops for their religious rights.

I see that the judge is a moonbat, but there has to be some pretext of a case here. Any idea what it is?

BTW - your looter picture came out much better than mine. :)

[Oztrich Boy]

The Religious Freedom Restoration Act was passed unanimously in the House and by 97 to 3 in the Senate. It is supported by the American Jewish Committee, Muslim Council, Christian Church, Episcopal Church, General Conference of Seventh-day Adventists, American Humanist Association, Church of the Brethren, Church of Scientology, Southern Baptist Convention, Guru Gobind Sing Foundation, Hadassah, Mystic Temple of Light, National Sikh Center, National Council of Churches, Peyote Way Church of God, Presbyterian Church, National Council on Islamic Affairs, Christian Science, Unitarian Church, United Methodist Church, Americans for Democratic Action, People for the American Way,Americans United for Separation of Church and State, Americans for Religious Liberty, the Coalition for America, Concerned Women for America, and the Traditional Values Coalition.

Take the matter of unintended consequences up with them

[Enchante]

Irrelevant.

[rockthecasbah]

"we have no right to stop them from doing so?!"

Apparently not according to Clinton's judicial appointee

[Dave Elias]

"I like his Nike hat :-/"

Funnier when you consider Nike is a pagan god. Surely adorning oneself with the name of a false god has to be against Sharia law?

[pierrem15]

Yup. Bush admin's weakness is now like blood in the water. They never had the guts to do what they should have done.

[Enchante]

My religion says we must give every terrorist and Islamo-fascist an enema..... via a .45 bullet tipped with pigs' blood and fired up their Barney Frankhole...... will the Clintonista judge uphold my rights under that act????

[Doe Eyes]

Yet my kids can not pray at school.

Are you saying they can't pray to themselves, or that they can't pray so that the whole class must listen to them?

[oceanview]

for all those freepers who think that the Moussaoui case is over, and that's its OK he's not being put to death:

the same kind of judges who issued this ruling, will also issue rulings to essentially end supermax style prisons, or perhaps even give Moussauoi a new trial.

[omega4179]

The obvious solution is to capture no terrorists alive.

[lawdog]

It seems the Good Judge has been featured On FR before...

U.S. JUDGE SETS PRECEDENT FOR UNITED NATIONS SOVEREIGNTY OVER AMERICA montanasnews.com ^ | 05/12/05 | Bill Wilson Posted on 05/14/2005 5:57:08 AM PDT by nextthunder U.S. JUDGE SETS PRECEDENT FOR UNITED NATIONS SOVEREIGNTY OVER AMERICA

[lawdog]

...Of course he is a 1994 Clinton appointee...

[justshutupandtakeit]

I believe our system of government is based upon the concept that there are Natural Rights possessed by all humans. In that sense all people here have some of these irrespective of a government as we all do.

However, included within those Natural Rights is NO "right" to kill us or anyone else. To the extent that the rights of any believer in Islam surrenders their pre-existing rights I can only say "that is a shame deal with the Killers in your midst and then we will talk."

And to answer your question. It IS ironic.