Court gives detainees habeas rights
In a stunning blow to the Bush Administration in its war-on-terrorism policies, the Supreme Court ruled Thursday that foreign nationals held at Guantanamo Bay have a right to pursue habeas challenges to their detention. The Court, dividing 5-4, ruled that Congress had not validly taken away habeas rights.  If Congress wishes to suspend habeas, it must do so only as the Constitution allows — when the country faces rebellion or invasion.
...
The Court held 5-4, in an opinion by Justice Kennedy, that the petitioners at GTMO have a constitutional right to petition for habeas corpus and that the DTA/MCA process of D.C. Circuit review from CSRT decisions is not an adequate alternative to habeas.
...
In a second ruling on habeas, the Court decided unanimously that U.S. citizens held by U.S. military forces in Iraq have a right to file habeas cases, because it does extend to them, but it went on to rule that federal judges do not have any authority to bar the transfer of those individuals to Iraqi authorites to face prosecution or punishment for crimes committed in that country in violation of Iraqi laws.

I’m finding today’s decision a bit confusing. Let’s see ... Americans in America have the full set of rights recognized by the Constitution. Foreigners in America have the full set of rights recognized by the Constitution, except they can’t vote in our elections. Ok, that seems about right. It’s how things have always been. Here.

Now we have to add in today’s ruling: foreigners captured by Americans in other countries, and held as prisoners of war in other countries, now have the same rights as Americans in America. At least in regards to courts of law. And if you’ve got that, you’ve got the rest. So this means that America is an extendable concept that goes with our troops and citizens wherever they go? A portable penumbra?

Think that’s a stretch? I don’t. If these terrorists/prisoners have legal rights bestowed upon them simply by being physically under our control, then our control is effectively the same as our borders. Because, historically, the only way for foreigners to get treated as Americans was for them to be physically in America. So by extension wherever our miltary goes the land under them becomes American soil. Instant Global Empire, whoo hoo!!! And why stop there? Our miltary is made up of our citizens, so wherever they go, America goes too. We own the world!!! Mwaaahahahahahahaaa!!!!

Gosh, does this decision also mean that American law supercedes all local laws in other countries? Even for their own citizens who come in contact with us? Kewl. Their laws suck ass anyway.

Posted by Drew458     on 06/12/2008 at 12:51 PM   
Filed Under: • Judges-Courts-Lawyers •  
• Comments (3) • Trackbacks(0)  Permalink •  

DISCLAIMER

THE SERVICES AND MATERIALS ON THIS WEBSITE ARE PROVIDED "AS IS" AND THE HOSTS OF THIS SITE EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, TO THE EXTENT PERMITTED BY LAW INCLUDING BUT NOT LIMITED TO WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICE OR ANY MATERIALS.

Not that very many people ever read this far down, but this blog was the creation of Allan Kelly and his friend Vilmar. Vilmar moved on to his own blog some time ago, and Allan ran this place alone until his sudden and unexpected death partway through 2006. We all miss him. A lot. Even though he is gone this site will always still be more than a little bit his. We who are left to carry on the BMEWS tradition owe him a great debt of gratitude, and we hope to be able to pay that back by following his last advice to us all:

1. Keep a firm grasp of Right and Wrong
2. Stay involved with government on every level and don't let those bastards get away with a thing
3. Use every legal means to defend yourself in the event of real internal trouble, and, most importantly:
4. Keep talking to each other, whether here or elsewhere

It's been a long strange trip without you Skipper, but thanks for pointing us in the right direction and giving us a swift kick in the behind to get us going. Keep lookin' down on us, will ya? Thanks.

THE INFORMATION AND OTHER CONTENTS OF THIS WEBSITE ARE DESIGNED TO COMPLY WITH THE LAWS OF THE UNITED STATES OF AMERICA. THIS WEBSITE SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE UNITED STATES OF AMERICA AND ALL PARTIES IRREVOCABLY SUBMIT TO THE JURISDICTION OF THE AMERICAN COURTS. IF ANYTHING ON THIS WEBSITE IS CONSTRUED AS BEING CONTRARY TO THE LAWS APPLICABLE IN ANY OTHER COUNTRY, THEN THIS WEBSITE IS NOT INTENDED TO BE ACCESSED BY PERSONS FROM THAT COUNTRY AND ANY PERSONS WHO ARE SUBJECT TO SUCH LAWS SHALL NOT BE ENTITLED TO USE OUR SERVICES UNLESS THEY CAN SATISFY US THAT SUCH USE WOULD BE LAWFUL.

Copyright © 2004-2008 Domain Owner