Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: walden
Can you'all please address the issue of whether it makes a difference WHERE the terrorists are captured?

Basically, Rasul v. Bush is more about where the people are held following capture, rather than where they are actually captured.

And the USSC - based on a prior ruling - has ruled that U.S. courts have jurisdiction to hear aliens habeas corpus claims when those aliens are being held in territory that the U.S. has control over (like Gitmo).

10 posted on 06/28/2004 8:48:45 AM PDT by gdani
[ Post Reply | Private Reply | To 7 | View Replies ]


To: gdani
And the USSC - based on a prior ruling - has ruled that U.S. courts have jurisdiction to hear aliens habeas corpus claims when those aliens are being held in territory that the U.S. has control over (like Gitmo).

Actually not quite, it was based on the earlier ruling, but only by contrast with it. In that case the Germans were captured in China, tried in China, and thus never subject to the Jurisdiction of a US district court. The current Supreme Court has decided that those held at GITMO are in an area subject to the jurisdiciton of a US district court, aparently the US District Court for the District of Columbia. ??? (Hmm, didn't know that GITMO extended that far north, or the District of Criminals that far south).

38 posted on 06/28/2004 10:41:18 AM PDT by El Gato (Federal Judges can twist the Constitution into anything.. Or so they think.)
[ Post Reply | Private Reply | To 10 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson