Posted on 01/31/2005 9:36:17 AM PST by Hawk44
I thought Gitmo was American soil???
Well, its a US Naval base in Cuba. I figured this put it outside the jurisdiction of federal courts. I may be wrong.
http://www.law.du.edu/chen/Federal%20Jurisdiction/FedJurSupp1.htm
I'm not sure this article clears it up, but it's interesting, if you have a chance to read it.
Good article. Are we to surmise that the base was determined to be within the court's jurisdiction, since they are ruling on the detention?
I guess so. Anyway, it's up to interpretation I guess.
The Feds need to follow up on that.
"Even under the service connection rule, it was held that offenses against the laws of war, whether committed by citizens or by alien enemy belligerents, could be tried by a military commission. 38
http://caselaw.lp.findlaw.com/data/constitution/amendment05/01.html#1
[Footnote 38] Ex parte Quirin, 317 U.S. 1, 43 , 44 (1942)http://www.findlaw.com/scripts/getcase.pl?navby=case&court=us&vol=317&invol=1#43.
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