Posted on 02/13/2006 10:53:17 AM PST by jmc1969
A federal judge on Monday ordered the U.S. military not to hand over to the Iraqi government a U.S. citizen suspected of being a senior associate of insurgent leader Abu Musab al-Zarqawi.
The case of Shawqi Omar is the latest legal fight that tests the limits on the Bush administration's power to keep Americans it has identified as terrorists out of U.S. courts.
The Justice Department did not immediately comment on the ruling.
The U.S. government said Omar, who also holds Jordanian citizenship, was harboring an Iraqi insurgent and four Jordanian fighters at the time of his arrest and also had bomb-making materials. He is described in court papers as a relative of Zarqawi who was plotting to kidnap foreigners from Baghdad hotels.
(Excerpt) Read more at chron.com ...
That's BS!
Ride with em, hang with em.
Red6
Remember Jake Spoon!
No, Is that Taliban Johny?
Red6
What if we just did it anyways? What would the judge do? Bitch? Whine?
Just once Mr. President. Please?
pardon my ignorance on the matter but isn't US Law distinctly SEPARATE from UCMJ Law? How can a judge tell the military what to do? And if disobeyed, how can they be held accountable (if at all)?
Just do it!
Turn this guy over and tell this judge to pound sand.
If he committed a serious crime in Iraq, why should he be tried in the US? What does citizenship have to do with it? We have a right to protect our citizens against unjust treatment by other countries, but that doesn't seem to apply in this instance.
Judge Urbina is, as one would expect, a clinton appointee:
Seriously though-
As an American if you swear allegiance to the enemy you are no longer an American! Period!
He should have no special privileges, no special rights……. He was in Iraq under his free will. He took part in activities that forfeit his US citizenship. He committed/abetted terrorists. However the Iraqis deal with such scum is how he should end up. Let him hang or meet a firing squad with his new found friends.
What message are we sending by protecting him?
Red6
Dick should the judge on a hunting trip.
Let's dominate the SC, and take no prisoners, and YES, become an "activist judiciary" in reverse. Enough of this liberal BS.
And why the h#ll doesn't Dubya eradicate EVERY single Clinton judicial appointee??
(Opinion) based off of what we know now.
He's not a uniformed service member, was not brought there under a Status Of Forces Agreement, and if you look at a passport (And it's ALWAYS been this way), you can loose your US citizenship if you swear allegiance to a foreign state etc.
He was there on HIS own free will. Abetted if not was directly involved himself in activities that violated the laws of that country.
If you as a "tourist" commit a crime in Spain, you will face the music of a Spanish court. If you commit this crime as a Service member brought there, the SOFA (To which both parties agree to before hand) applies. In his case he should face the justice of the land.
If our government comes to his rescue it would be wrong in my opinion. Some liberal judge who has “Sympathy” with a terrorist, but publicly “cares” for the US troops should not help this punk. Let him sink.
Red6
Judges already on the bench would have to be impeached by congress. You would need 67 senators to vote for impeachment.
That will never happen.
And which ones have tenure?
I'd heard Clinton cleaned house of all appointed Bush I judges.
That's not very clear as to whether he granted another temporary order for a limited period of time.
Well, it's okay. I'm sure someone will figure out how this proposed transfer violates the Interstate Commerce clause of the Constitution and allows the judge to issue a 'precedent setting' ruling.
I'd be interested in hearing which U.S. law they think he should be charged with violating in a U.S. court. In order to argue he should be in a U.S. court, shouldn't they have to argue what they think the applicable law is? Did he violate U.S. law or Iraqi law by harboring terrorists in Iraq and possessing explosives in Iraq?
Let's see, the U.S. military is operating in Iraq under color of the U.S. Congress, the United Nations, and the Iraqi government.
A U.S. citizen is captured under those authorities, allegedly in a warfighting capacity.
Where does this yo-yo judge find in the U.S. Code, the United Nations Charter, or Iraqi law that he should be returned to the United States for judicial attention?
(Answer: Nowhere. He made it up from whole cloth.)
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