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Ashcroft liable for detentions, court finds
The Hill ^

Posted on 09/04/2009 2:09:30 PM PDT by Sub-Driver

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To: Sub-Driver

This is the 9th circus court. If they hear an appeal, the Supreme Court will overturn it. If not, we should be ready to go after Obama with law suits out his you know what for the rest of his life. Americans can file law suits as well as Muslims.


21 posted on 09/04/2009 3:22:05 PM PDT by SaraJohnson
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To: usurper

Al-Kidd was arrested because he had listed “jihad” on a Web site as one of his “interests,” which the FBI not unreasonably interpreted as a reference to holy war; he “sold tapes and books containing the teachings of radical sheikhs” when he lived in Idaho, and he owned a video that “had to do with the hijacking and terrorist events on September. 11, 2001.” Would you have just let him go without checking him out?


22 posted on 09/04/2009 3:22:35 PM PDT by La Lydia
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To: Sub-Driver

You know I was just reading a thread about the Obama school issue in another forum whereas there are many far left types that post often. They were all whining about how the right was not showing repect for the office of the President and playing the “we all need to get along” card because America is becoming too divided.

Yet this is what this President is doing. He is now going to use his power to go after the past administration and prosecute them for differences in opinion over war policy. It is the left-wing still that shows no respect at all for America and is dividing us.

As long as they continue to push their radical agenda whereas they show more respect to our enemies abroad then they do to conservatives here at home then the gloves have to come off.

The socialist fascist left are the lowest of the low.


23 posted on 09/04/2009 3:32:10 PM PDT by TheBigIf
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To: Sub-Driver

9th circuit is how the SC will look after Obama gets through with it.


24 posted on 09/04/2009 3:39:22 PM PDT by Diggity
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To: Diggity

I thought the Supreme Court in it’s recent Iqbal decision ruled that such officers as the US AG could not be sued and were not liable for the actions of their subordinates. (This was a very similar case, with an accused terrorist saying he wanted to sue the government.)

Does the 9th want to open that issue again?


25 posted on 09/04/2009 3:50:15 PM PDT by CondorFlight (I)
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To: Sub-Driver

Updates and background links here:

http://www.freerepublic.com/focus/f-news/2332440/posts


26 posted on 09/04/2009 4:00:15 PM PDT by Cindy
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To: La Lydia
Probably not,

They were in fact extraordinary times and given we were all waiting for the next shoe to drop and the feeling that the next attack was imminent, I feels the governments actions in this case were quite reasonable.

However reasonable, understandable and even necessary the governments actions may have been, they may not have been “technically” legal, which is why we have a legal system to seek redress in such cases.

The bottom line is that Jihad boy is a US citizen and has the same constitutional rights as we do. We may not like it but we will probably have to give him some cash.

When the next city is attacked, the feds will react exactly the same way, do what they got to do and then let the lawyers sort it out. This is the sorting it out part.

27 posted on 09/04/2009 4:07:12 PM PDT by usurper (Spelling or grammatical errors in this post can be attributed to the LA City School System)
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To: usurper

If you are subverting your own country thats called TREASON. No cash payout, you do not get to go past Go, you go straight to jail.


28 posted on 09/04/2009 4:17:57 PM PDT by Lets Roll NOW
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To: CondorFlight

I guess but the Supreme Court will overturn it.


29 posted on 09/04/2009 5:15:52 PM PDT by Diggity
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To: Sub-Driver
Smith, Milan Dale Jr.
Born 1942 in Pendleton, OR

Federal Judicial Service:
Judge, U. S. Court of Appeals for the Ninth Circuit
Nominated by George W. Bush on February 14, 2006, to a seat vacated by A. Wallace Tashima; Confirmed by the Senate on May 16, 2006, and received commission on May 18, 2006.

Education:
Brigham Young University, B.A., 1966

University of Chicago Law School, J.D., 1969

Professional Career:
Private practice, Los Angeles, California, 1969-2006
President-general cousel, Los Angeles State Building Authority, California, 1983-2006
Vice chairman, California Fair Employment and Housing Commission, 1987-1991

Race or Ethnicity: White

Gender: Male

30 posted on 09/04/2009 6:07:35 PM PDT by SmithL (The Golden State demands all of your gold)
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To: mazda77

Hopefully the Nutty Ninth Circuit will be overturned by a higher court, as they have the highest rate of reversals of all the federal districts. There are a few sane members of the 9th but most belong in a gulag.


31 posted on 09/04/2009 8:57:19 PM PDT by Mayor Friedman
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To: Sub-Driver

the world is upside down.

everyone who felt their actions were done in service of their country after 9/11, will now be prosecuted for it.

The fireman who stood next to Bush when Bush declared that the terrorists will soon hear from us,...will now be prosecuted for unofficially campaigning as a civil servant.

the liberals will be relentless in their pursuit of destroying all things that make this country strong.

and our conservative leaders are only lukewarm in response. Where are our attack dogs? Only Cheney has stepped up.


32 posted on 09/04/2009 10:14:38 PM PDT by Tulsa Ramjet ("If not now, when?" "Because it's judgment that defeats us.")
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To: Sub-Driver

I was thinking about adding to my Arsenal tomorrow with a new S&W Sigma 40 that’s on sale at Turners.

Now I’m sure I’m going to.


33 posted on 09/04/2009 10:19:56 PM PDT by Kickass Conservative (If Hitler used a TelePrompter, we would all be speaking German...)
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To: Sub-Driver

On the one hand, I believe the general immunity enjoyed by bureaucrats is way abused. On the other hand, there’s this little thing called precedent.

The higher up the food chain a bureaucrat is denied immunity, the narrower the focus has to be, for the simple reason that if you get to high and too broad, that precedent will inevitably ripple down through the entire government and be used to overturn a whole lot of other administrative decisions.

Obviously, this can be extremely good in some instances. But to deny the arrest of suspected material witnesses concerning a major terrorist attack on the country is ridiculously broad, and would be catastrophic if upheld.

Thus I suspect the SOTUS will smack this down. The 9th is simply making, once again, a left-wing solidarity statement.


34 posted on 09/05/2009 12:41:17 AM PDT by Talisker (When you find a turtle on top of a fence post, you can be damn sure it didn't get there on it's own.)
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To: Talisker
How do these judges plan to exclude themselves? Or is this one more attempt to make themselves literally supreme? But then again can the current AG be held liable for voter intimidation by ignoring voter intimidation.
35 posted on 09/05/2009 12:57:20 AM PDT by Just mythoughts
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To: Sub-Driver
a line out of the LA Times story . . .

"Members of the panel, all appointees of Republican presidents . . "

36 posted on 09/05/2009 2:53:16 PM PDT by smonk
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