U.S. Judge: Guantanamo Suspects Have Rights

Yahoo ^ | 01/31/2005 | James Vicini

[Paradox]

That was rather harsh. Perhaps you forgot the smiley tag at the end?

[mlc9852]

If you do some research on her, she really isn't anti-American at all. Don't worry, it'll get up to the Supreme Court - then you can worry.

[mlc9852]

She never worked for Carter, never knew him. She doesn't know who suggested she be appointed. Let's try to be fair here.

[drt1]

"But I often hear - "we need to be persuasive, cogent and appealing". I also often hear "Ann Coulter is too harsh".

Where do you hear this. On DU?

[alloysteel]

The detainees have rights, of course. But those rights are not the same as conferred upon a US citizen as a birthright. They are much more circumscribed. For instance, there is no right to speedy trial, or even any trial at all. Failure to identify their personal relationship with the recognized authority of another country, whether as a citizen or as a legal resident, tends to place them in the status of a stateless person, and there is no provision for repatriating them anywhere. However, it is obvious that they have a certain degree of animus toward the US, and it is against public order to permit them freedom in the absence of any assurance they have recanted their earlier belligerence.

I suppose we should not apply physically painful inpositions upon them, in an attempt to get them to confess, especially to something that was basically untrue, or starve them, or deny at least some respite from uncomfortable conditions.

[mlc9852]

Making fun of people is DUish, IMO.

[Viking2002]

Toss the shrew in with 'em.

[federal]

Gee I didn't know there was a "Bill of Rights" for un-uniformed, non American terrorist killers captured bearing arms against and killing American soldiers.

Who hide among civilians and wait for the appropriate time to kill as many as possible. They abide by no rules of war and represent no country or government.

I would gladly go to a class if this idiot judge can show me the phrases of The Constitution which grant these rights. After all her oath of office says she will defend the Constitution against all enemies, both domestic and foreign.

Opps! I guess that means her, seems she will have to resign to honor her oath of office. She is the enemy.

[appalachian_dweller]

Just got word that a FReeper friend of mine's son lost a buddy in Iraq. I get very angry at these liberal know-it-alls who're not fit to lick a soldier's boots.

[HMFIC]

I stand corrected.

[Prost1]

""In sum, there can be no question that the Fifth Amendment right asserted by the Guantanamo detainees in this litigation -- the right not to be deprived of liberty without due process of law -- is one of the most fundamental rights recognized by the U.S. Constitution," she said. "

I'm not a lawyer, however, this does not prevent me from declaring her a dumb twit.

The prisoners are not citizens. They were captured on a field of battle. They were not fighting for a recognized government or in a uniform (per Geneva). Thus, they are not even guaranteed Convention treatment, let alone constitutional treatment.

Moreover, as 1 post had it - jurisdiction. I am not certain she has authority to rule.

As Andy Jackson said, "the court has ruled, not let them enforce it!"

[rockrr]

You forgot panties on the head (a fate worse than death!)

[SMARTY]

Do US constitutional rights apply to foreign and stateless, criminals...criminals apprehended with weapons in hand and who challenge US uniformed personnel?

[jwpjr]

Certainly they have rights. They had the right to decide to attack and kill Iraqis and American troops and to attempt to destabilize any effort to bring peace to Iraq. They could have chosen to side with freedom and would not have found themselves in prison in Cuba. They had rights, they exercised those rights and in the process of doing so waived other rights.

[kellynla]

"If you do some research on her, she really isn't anti-American at all. Don't worry, it'll get up to the Supreme Court - then you can worry"

I think you addressed that to the wrong person? LOL
I have no idea of whom you are speaking about? LOL

[afnamvet]

Green also ruled that some of the suspects have brought valid claims under the Geneva Convention, the international treaty protecting the rights of prisoners of war.

These scum cannot apply to the Geneva Convention....they are terrorists. Judge Green's attempted legislation from the bench will fail.

This is a sure winner on appeal.

[dts32041]

There is a quote from the outlaw josey wales that should be applied to the gitmo terrors, and I don't mean the one about a Missouri boat ride.

[Rummyfan]

So is this judge - Joyce Hens Green - saying that everyone on this earth is entitled to the protections of the United States Constitution? I'm sure this will be overturned.

[Congressman Billybob]

This judge is sticking her thumb in the eye of the US Supreme Court. That Court ruled unanimously in 1942 that the Law of War, as adopted by the Congress and as recognized by the Constitution, allowed such detention, and trials, and executions if the defendants were found guilty.

The case which this judge spits on, is In re Quirin. Since later Supreme Court decisions have confirmed that Quirin is good law, this wrong and false decision WILL be slapped down on appeal. Unfortunately, there is no way also to slap down the judge herself.

Congressman Billybob [TWO different columns this week]

Click for latest, "Homer, Shakespeare, Pope, and George Bush"

Click for latest, "Dusty Rhodes, a Death in the Family"

[Rummyfan]

Judge Green was appointed United States District Judge for the District of Columbia in May 1979. She was a member of the U.S. Foreign Intelligence Surveillance Court from May 1988 until her seven-year term expired in May 1995, and served as its Presiding Judge from May 1990 until the expiration of her term. Judge Green graduated from the University of Maryland, receiving a B.A. in 1949, and the George Washington University Law School, receiving a J.D. in 1951. Judge Green practiced law in the District of Columbia and Virginia until she was appointed Associate Judge of the Superior Court of the District of Columbia in 1968, where she served until her appointment to the federal bench in 1979. She is a member of the U.S. Judicial Conference’s Judicial Branch Committee and Chair (1997 - 98), National Conference of Federal Trial Judges. Judge Green took senior status in July 1995.

Carter appointee.....