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To: Tlaloc
Scalia here admits that the court has ruled that Gitmo is under “complete jurisdiction and control” of the US regardless of who holds sovereignty! Sovereignty is irrelevant!

LOL, evidently. Liberals know no bounds. But you've backed into some truth since the liberals on the court seem to think their power reaches the "four corners of the Earth".

But Scalia is much more eloquent and infinitely more informed where the law ids concerned. Let's hear once again from Antonin:

" Part IV of the Court’s opinion, dealing with the status of Guantanamo Bay, is a puzzlement. The Court might have made an effort (a vain one, as I shall discuss) to distinguish Eisentrager on the basis of a difference between the status of Landsberg Prison in Germany and Guantanamo Bay Naval Base. But Part III flatly rejected such an approach, holding that the place of detention of an alien has no bearing on the statutory availability of habeas relief, but “is strictly relevant only to the question of the appropriate forum.” Ante, at 11. That rejection is repeated at the end of Part IV: “In the end, the answer to the question presented is clear. . . . No party questions the District Court’s jurisdiction over petitioners’ custodians. . . . Section 2241, by its terms, requires nothing more.” Ante, at 15—16. Once that has been said, the status of Guantanamo Bay is entirely irrelevant to the issue here. The habeas statute is (according to the Court) being applied domestically, to “petitioners’ custodians,” and the doctrine that statutes are presumed to have no extraterritorial effect simply has no application."

You should understand the majorities twisted and perverse holding.

It's a liberal thing.

134 posted on 01/13/2008 5:29:05 PM PST by jwalsh07
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To: jwalsh07
So you think illegal combatants should have the protection of the Geneva convention?

You must be a liberal ACLU lawyer.

137 posted on 01/13/2008 5:33:11 PM PST by Tlaloc
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