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

Fox

[Doctor Stochastic]

By the ususal rules of reciprocity in international affairs, if the US is allowed to go to foreign countries and seize people and hold them without trial, other countries will do the same to us. Libya used to send assassins to kill dissidents in the US for breaking US laws. Keeping the guys without recourse to attorneys is much the same as those countries that kidnap US citizens and hold them without counsel.

Of course, just letting them see an attorney doesn't guarantee that anyone will be set free. Most people executed or doing life in the US prison system had an attorney.

[SevenDaysInMay]

Congress can act to remove this matter from federal courts' jurisdiction. Our Ratified Constitution permits Congress shall have this power, not the president, not the courts. Congress alone. Read it.

Congress must get busy or congressmen must get other employment as We the People begin to take back our Republic.

Impeachment and removal of rogue, anti-Constitutional judges must be outsted from office to forfeit their fat salaries, benefits, perks, and status.

To start, the 9th must be purged for their seditious acts under color of law.

[hankbrown]

No, not quite. In order to have jurisdiction in a particular federal court, the court must find that the defendant has sufficient "minimum contacts" with the jurisdiction such that the court can proceed without violating due process of the defendant. For instance, if I live in New Jersey and have never been in California in my life, have never bought anything from a California store, and have never conducted business there, likely the courts could not get jurisdiction over me. But they found that the military bases there were sufficient to find that Rumsfield (as the embodiment of the military) did business there. Short analysis of a complex question. Can't say they were wrong in this part of the decision.

[mdmathis6]

Or take all 600 of them and release them right into the building the 9th district is housed...let the judges deal with them!

[demlosers]

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

It may mean that they have jurisdiction over Sony corp in bum-f***k Egypt as long as they have a shack in Kalifornia.

Yeah Right...

[Skooz]

[Skooz]

Ignore it.

What are they going to do? Send the Federal Marshall to the US Army with a little court order?

[dpa5923]

Well it turns out, according to the 9th Circuit, the Constitution is indeed a suicide pact.

[11th Earl of Mar]

How does the 9th Circuit in California have jurisdiction over a military base in Cuba?

[highlander_UW]

Court ruled Gitmo is US territory, not Cuban.

I've decided France is also US territory.

The problem with claiming France is there are all those French people in the way...any chance we could move them all to Gitmo? Then we could hire polite people to run Eurodisney.

[demlosers]

But they found that the military bases there were sufficient to find that Rumsfield (as the embodiment of the military) did business there. Short analysis of a complex question. Can't say they were wrong in this part of the decision.

These bums would use any idiotic excuse for jurisdiction if it helps their political agenda.

[templar]

SCOTUS is a court of One, and the One is Sandra Day O'Connor.

A Republican.

[hankbrown]

It is not jurisdiction over the military base in Cuba, it is jurisdiction over the defendant (which is the U.S. military as custodian of the plaintiff). See my post #203

[lepton]

These rulings are disgusting, they really are. The FRIGGIN Japanese, Germans, North Koreans, North Vietnamese, and VC were NOT given access to American Courts and American lawyers!!

Obviously the problem is that we don't go to war often enough for the legal system to remember the difference between a foreign force, and an American citizen.

[demlosers]

Cool graphic. :)

[hankbrown]

These bums would use any idiotic excuse for jurisdiction if it helps their political agenda.

Jurisdiction is not the problem in this case; all that does is determine if the court can proceed with the question. The real problem with the decision is the finding that Gitmo is subject to the ultimate sovereignity of the United States. That, IMO, is the error of the case.

[jwalsh07]

How does the 9th Circuit in California have jurisdiction over a military base in Cuba?

Short answer is they don't but nothing stops an activist court once they get rolling.

[ought-six]

We have become the one thing the Founding Fathers feared most: An unaccountable judicial oligarchy.

[jwalsh07]

Apparently they failed to read the lease which states quite clearly that Gitmo remains under Cuban soverignty.

But that's neeither here nor there. The real issue is judicial activism morphed into judicial tyranny.< It is rampant in America and Congress needs to deal with it, sooner rather than later.

[ought-six]

These are the same judges that have ruled that America, for all practical purposes, is unconstitutional. We are under the thumb of an unaccountable and out-of-control judiciary. The Tyranny of the Robe thatthe Founders feared so much.