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Judge questions three-month detention of American enemy combatant
The Washington Times ^ | December 11, 2017 | Andrea Noble

Posted on 12/11/2017 3:07:43 PM PST by jazusamo

A federal judge was aghast over the Trump administration’s assertion it could indefinitely detain a U.S. citizen as an enemy combatant without providing access to a lawyer, saying the Justice Department’s defense of the practice amounted to “an end run” around the man’s Constitutional rights.

U.S. District Judge Tanya Chutkan is weighing a request by the American Civil Liberties Union to allow the group access to the man in order to provide him legal representation.

“He wants counsel, which is an assertion and a request that I don’t think I can ignore,” Judge Chutkan said Monday, adding that she plans to rule quickly on the matter.

The Justice Department has opposed the request, saying the group doesn’t have standing to represent the man because it has no established relationship with him and that the government has the authority to temporarily hold the man without court intervention.

The man has been held in U.S. military custody since he was captured in Syria in September after allegedly fighting on behalf of the Islamic State.

The case has raised questions about the constitutional rights of detainees not dealt with since the courts grappled with how to handle enemy combatants captured amid the George W. Bush administration’s war on terror.

The Supreme Court ruled in 2004 that while the government has the authority to detain U.S. citizens as enemy combatants, they must be given the chance to challenge their detention. The question left unanswered by the court is how long a person can be held without being given the chance to challenge his or her detention.

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


TOPICS: Crime/Corruption; Foreign Affairs; Government; News/Current Events; US: Florida
KEYWORDS: 201709; 201712; aclu; bcf; bleedingheartattack; brennancenter; chutkan; chutkans; dualcitizen; enemycombatant; hafetz; iraq; johndoe; jonathanhafetz; judgechutkan; krauthamer; mysteryman; obamaappointees; obamajudges; peterkrauthamer; renditions; saudi; syria; syrianwar; tanyachutkan; traitor
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This traitor (enemy combatant) is being held by the US military in Iraq and this federal judge (I say judge loosely) nor the ACLU has jurisdiction in my view but I may be wrong.

I sure doubt the traitor wants to be tried in an Iraqi court.

1 posted on 12/11/2017 3:07:43 PM PST by jazusamo
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To: jazusamo

Turn him over to the Iraqis.


2 posted on 12/11/2017 3:10:00 PM PST by Darteaus94025 (Can't have a Liberal without a Lie)
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To: jazusamo

I have a solution. Drive him to the center of a town that was recently liberated from ISIS atrocities, sew an ISIS flag on his shirt, and let him walking around to find legal representation in that town.


3 posted on 12/11/2017 3:10:22 PM PST by dirtboy
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To: jazusamo

The bastard should be happy he is still alive and not buried deep in the desert sands over in Iraq. He is a “prisoner of war”, citizen of the U.S. or not and should be treated as such. He gave up that citizenship when he went against our troops.


4 posted on 12/11/2017 3:12:46 PM PST by DaveA37
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To: jazusamo

Flay him alive and send his body back to Raqqa or whenever ISIS is hiding now a Christmas Gift and a warning.


5 posted on 12/11/2017 3:14:18 PM PST by KC_Lion (If you want on First Lady Melania's, Ivanka Trump's or Sarah Palin's Ping Lists, just let me know.)
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To: jazusamo

The military needs to tell this so-called civilian “judge” and ACLU can go pound sand. The sorry SOB gave up whatever “rights” he had when he took up arms against the US military.
Keep his azz in Iraq forever. Better yet, turn him over to the Iraqis and let em have their way with him....kinda like they do with little boys.


6 posted on 12/11/2017 3:15:00 PM PST by lgjhn23 (It's easy to be liberal when you're dumber than a box of rocks.)
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To: dirtboy

That sounds more than fair to me, problem solved quickly.


7 posted on 12/11/2017 3:15:48 PM PST by jazusamo (Have YOU Donated to Keep Free Republic Up and Running?)
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To: lgjhn23

Blakc female radical judge who protects our enemies


8 posted on 12/11/2017 3:17:38 PM PST by ronnie raygun (Trump plays chess the rest are still playing checkers)
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To: jazusamo

revoke his citizenship, then there won’t be any problem. AFter that, just dispose of it as seen fit.


9 posted on 12/11/2017 3:19:09 PM PST by rigelkentaurus
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To: dirtboy

why drive him there and waste gas, adding to glowbull warming? That’s why firing squads were invented...


10 posted on 12/11/2017 3:21:38 PM PST by beergarden
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To: jazusamo
get whitey

Judge Chutkan, "movin' on up …"

11 posted on 12/11/2017 3:21:48 PM PST by Governor Dinwiddie
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To: DaveA37

Calling him a “prisoner of war” gives him too many rights. He should be an unlawful combatant and given minimal rights as such.


12 posted on 12/11/2017 3:21:52 PM PST by ConjunctionJunction
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To: jazusamo

Speaking of enemy combatants, it would be entirely within reason to detain members of certain agencies according to this concept.


13 posted on 12/11/2017 3:23:04 PM PST by reasonisfaith ("...because they received not the love of the truth, that they might be saved." (2 Thessalonians))
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MAGA!

Lets Wrap This FReepathon Up, Folks!

Please bump the Freepathon or click above to donate or become a monthly donor!

14 posted on 12/11/2017 3:23:31 PM PST by jazusamo (Have YOU Donated to Keep Free Republic Up and Running?)
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To: reasonisfaith

And anyone working with them, or giving them aid.


15 posted on 12/11/2017 3:23:42 PM PST by reasonisfaith ("...because they received not the love of the truth, that they might be saved." (2 Thessalonians))
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To: jazusamo

I guess the aholes at the ACLU never heard of the NDAA which Obama gleefully signed, and which provides the exact same criteria under which this individual was detained.


16 posted on 12/11/2017 3:23:45 PM PST by SpaceBar
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To: DaveA37

He is not a prisoner of war - that title is afforded only those who fight in a recognizable uniform. He is an illegal combatant, and can be subject to summary disposition, just like a spy in time of war.


17 posted on 12/11/2017 3:25:46 PM PST by MortMan (I can resist anything, except temptation. /sarc)
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To: SpaceBar

So I thought too.


18 posted on 12/11/2017 3:27:23 PM PST by Eagles6
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To: jazusamo

I could almost see the judge’s concern.. IF.. IF.. he and the left, saw the same concern for our conservative rights and President Trump’s rights since the media has taken it upon themselves to try him in public court of opinion news... and even though have found nothing, they continue to hound him and his family for a year... without cause.

So, judge.. get the media to stop and then we can talk about holding a louse you think has rights... the rest of us don’t? You got that backwards, judge!


19 posted on 12/11/2017 3:29:10 PM PST by frnewsjunkie
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To: GOPJ; Diana in Wisconsin; ColdOne; Art in Idaho; Conservative Gato; ptsal; onyx; Tucker39; ...

Thought this would be an appropriate ping.

Off the Wall Ping!
Contact to be added.


20 posted on 12/11/2017 3:32:26 PM PST by jazusamo (Have YOU Donated to Keep Free Republic Up and Running?)
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