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

Skip to comments.

Judges Zero In on Treatment of a Detainee
NY Times ^ | October 5, 2006 | NINA BERNSTEIN

Posted on 10/04/2006 11:08:12 PM PDT by neverdem

In sharp questioning, a three-judge panel yesterday challenged arguments by federal officials seeking dismissal of a Pakistani man’s suit charging that because of his religion, race or national origin, he, like others, was held for months after 9/11 in abusive solitary confinement before being cleared of links to terrorism and deported.

In the mahogany and marble splendor of the Second Circuit Court of Appeals in Lower Manhattan, lawyers for former Attorney General John Ashcroft and other government officials argued that the officials were entitled to immunity from the lawsuit filed by the man, Javaid Iqbal, who had been known as “the cable guy” to his Long Island customers before he was swept into a federal detention center in Brooklyn as were hundreds of other Muslim immigrants in the New York area.

From the start of yesterday’s two-hour hearing, one of the judges, Jon O. Newman, showed particular impatience with the narrow legal defenses offered by the defendants in the case, which lawyers for Mr. Iqbal say seeks accountability for what they call serious constitutional violations by the nation’s highest law enforcement officials. It is the first case of its kind to reach the appellate level.

Judge Newman was especially scathing in questioning the lawyer for Dennis Hasty, formerly the warden of the Metropolitan Detention Center, where Mr. Iqbal and 184 others designated by the Federal Bureau of Investigation as “of high interest” were confined in a special unit where a 2003 Justice Department Inspector General’s report found widespread abuse.

Mr. Hasty’s lawyer, Michael L. Martinez, had argued in his brief that even if everything alleged in the lawsuit were true — as the appellate judges must assume at this stage of the litigation — Mr. Iqbal’s treatment “never approached the level of a due process violation.”

(Excerpt) Read more at nytimes.com ...


TOPICS: Constitution/Conservatism; Crime/Corruption; Extended News; Front Page News; Government; News/Current Events; Politics/Elections; US: District of Columbia; US: New York; War on Terror
KEYWORDS: immigration; litigation; nyt; nytreasontimes; refugees; suits; terrorism

1 posted on 10/04/2006 11:08:13 PM PDT by neverdem
[ Post Reply | Private Reply | View Replies]

To: neverdem

We need more of these stories in the runup to November. I want every American to have this stuff pounded into them--THIS is who will be running the show if you vote out the Republicans in Congress.


2 posted on 10/04/2006 11:10:10 PM PDT by Darkwolf377 (Republican, atheist, pro-life)
[ Post Reply | Private Reply | To 1 | View Replies]

To: neverdem
"Judges Zero in on Treatment of a Detainee a chance to bask in the limelight as liberal heroes"
3 posted on 10/04/2006 11:58:42 PM PDT by NutCrackerBoy
[ Post Reply | Private Reply | To 1 | View Replies]

To: neverdem
accountability for what they call serious constitutional violations

Since when do Constitutional Rights get offered to anyone and everyone? Hell, why even BOTHER being a citizen since the Democrats are doing everything they can to make sure everyone has exactly the same rights and benefits as an American Citizen

Judges, Judges, Judges. Foley, Immigration, Spending what ever people are pissed about are all secondary. We cannot survive as a Nation with these sorts of unaccountable Leftist Lunatics running the Courts!

4 posted on 10/05/2006 12:01:08 AM PDT by MNJohnnie (Say Leftists. How many Nazis did killing Nazis in WW2 create? or Samurai? or Fascists?)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Darkwolf377

This could backfire at Republicans if all or most of these stories seem to concern over-the-top treatment of detainees.


5 posted on 10/05/2006 12:08:40 AM PDT by HiTech RedNeck
[ Post Reply | Private Reply | To 2 | View Replies]

To: MNJohnnie
Since when do Constitutional Rights get offered to anyone and everyone

Since one is in US territory. Next question?

6 posted on 10/05/2006 12:09:20 AM PDT by HiTech RedNeck
[ Post Reply | Private Reply | To 4 | View Replies]

To: HiTech RedNeck

Ok, so then all this endless ranting about what to do about the Illegals is meaninless? They are here so too bad so sad nothing can be done with them until a Court orders them deported?


7 posted on 10/05/2006 12:32:32 AM PDT by MNJohnnie (Say Leftists. How many Nazis did killing Nazis in WW2 create? or Samurai? or Fascists?)
[ Post Reply | Private Reply | To 6 | View Replies]

To: HiTech RedNeck
This could backfire at Republicans if all or most of these stories seem to concern over-the-top treatment of detainees.

Doubtful. Most voters understand it is Government OF BY and FOR the people. Most voters actually think about the trade offs needed in fighting a war rather then adopt the over the top one size fits all "make no changes to anything ever" paranoia of the "Civil Libertines". Most voters are more intrested in what the Goverment is doing to protect them from groups of thugs trying to kill them rathern then being feverishaly paranoid about what the Govement they elected is doing.

8 posted on 10/05/2006 12:42:17 AM PDT by MNJohnnie (Say Leftists. How many Nazis did killing Nazis in WW2 create? or Samurai? or Fascists?)
[ Post Reply | Private Reply | To 5 | View Replies]

To: HiTech RedNeck
Since one is in US territory.

I am not American. Are you saying that all I would need to do is to get onto American territory (e.g. by walking into the US Embassy in London or by taking a holiday in Idaho) and then I am covered by the US Constitution? For instance I could vote in your elections?

This isn't "doubtful". With respect, it's lunacy.

9 posted on 10/05/2006 3:39:09 AM PDT by agere_contra
[ Post Reply | Private Reply | To 6 | View Replies]

To: HiTech RedNeck

Most Americans really don't care how the detainees are handled. Only AlQaida sympathizers and agents in the MSM care, and that's only for propaganda purposes.


10 posted on 10/05/2006 5:46:15 AM PDT by muawiyah
[ Post Reply | Private Reply | To 5 | View Replies]

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

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