Posted on 10/19/2006 11:39:13 AM PDT by ARealMothersSonForever
WASHINGTON - An American citizen facing a death sentence in Iraq lost a court challenge Thursday that would have prohibited the military from turning him over to Iraqi authorities.
Mohammad Munaf was convicted and sentenced to death by an Iraqi judge last week on charges he helped in the 2005 kidnapping of three Romanian journalists in Baghdad.
Munaf, who was born in Iraq and became an American citizen in 2000, sought an emergency order blocking U.S. military officials from turning him over to Iraq. He claimed his trial was flawed and his confession was coerced.
Those would normally be grounds for American citizens to challenge their imprisonment. But U.S. District Judge Royce Lamberth said he had no authority to intervene because Munaf was being held by coalition military forces, not by the U.S. military alone.
That distinction, adopted by the U.S. government, is at the heart of an ongoing legal fight over the fate of American citizens being held in Iraq. Critics say it is disingenuous because the prisons Munaf and others are being held in are operated by the U.S. military.
"In time of actual hostilities or war, as in Iraq, courts should tread lightly and give the president, as commander in chief, the full power of his office," Lamberth wrote.
Munaf's attorneys wanted Lamberth to block the transfer at least temporarily, while a Washington appeals court considers the similar case of Shawqi Omar, an American citizen accused of being a top Al-Qaida lieutenant in Iraq.
Munaf can appeal the case and ask the same court considering Omar's case to block his transfer. Munaf's attorney, who also represents Omar, did not immediately return a message seeking comment.
Good on Judge Lamberth. His experience in FIS Court and JAG Corps indicate that this was the right call. The Iraq born American was tried and convicted in Iraq. Sucks to be him, yet he now tries to claim US citizenship protection. Too little too late.
Not only is the decision legally correct, it would be considered a slap in the face by the US to the new Iraqi government if our courts were to simply override their decision as if they were a puppet instead of an ally.
Buh-bye, Mohammad. See you on the other side. Or not.
Good riddance.
'Course, some might say that this is an example of the evils of globalization. The US judge apparently refused to take jurisdiction in deferrence to an international coalition.
I would argue that this is a rare example where international justice has us beat.
Correct me if I am wrong, but it sounds as though this "gentleman" is using his citizenship as a last resort.
No correction here. what I want to note is the deceptive headline.
I'd think someone would have to be a US resident for quite a while to be thought of as 'American'. The proper referent should, I would think, be 'US Citizen'. That wouldn't be provocative enought, though. Yahoo can't not be provocative.
http://caselaw.lp.findlaw.com/cgi-bin/getcase.pl?friend=nytimes&navby=case&court=us&vol=338&invol=197
Douglas: "...Suppose an American citizen on a visit to Japan during the occupation commits murder, embezzlement, or the like. May he be tried by an international tribunal and have no recourse to our courts to challenge its jurisdiction over him? "
Depends on the laws and treaties Dougy baby, you dead tyrant, not the desire for power of the judges on "our courts".
"We demand that the US exercise imperial overlordshipness and stomp all over a sovereign nation, so he can fight the imperialistic overlordshipness of the US".
It is impossible to parody the Left.
Given that, I think you make a very good point. I hadn't noticed the date on hte first reading!
Yep. The little fact that he was born in Iraq actually impacts this case. The elected, sovereign government of Iraq tried and convicted the man. This is the "upside" of dual citizenship. He was in his birth country. They caught him and tried him. It would be no different if the convict were detained in an Iraqi prison operated by a private contractor. The detention is sanctioned by the Iraqi government. Not the "contractor", which is the coalition. I guess his lawyer could file a civil petition against the coalition. That could be settled within 60 years or so.
Thank you very much! I hope to do a little to relieve some of the pressure on my better half.
As for the islamists, yes, they will say whatever is necessary. Bartools.
Good, he'll be hanging high. What a potent symbol for punishment of a heinous traitor.
"U.S. District Judge Royce Lamberth"
Where have I heard of Laberth before....
"Iran responsible for 1983 Marine barracks bombing, judge rules"
http://www.cnn.com/2003/LAW/05/30/iran.barracks.bombing/
"Judge Royce C. Lamberth, U.S. District Court for the District of Columbia, was appointed to the federal bench in 1987. Before joining the Judiciary he was a U.S. Army Captain in the JAG Corps, an assistant U.S. attorney, and Chief of the Department of Justice Civil Division. He recently completed a term as presiding judge of the Foreign Intelligence Surveillance Court."
An Interview with Judge Royce C. Lamberth
http://www.uscourts.gov/ttb/june02ttb/interview.html
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