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Appeals court rules due process rights don't apply to Guantanamo detainees
/thehill.com/ ^ | 8/28/2020 | Harper Neidig

Posted on 08/28/2020 6:24:35 PM PDT by bitt

A federal appeals court ruled on Friday that foreign detainees at Guantanamo Bay do not have the right to make due process claims in court.

The decision from the three-judge panel on the D.C. Circuit Court of Appeals ruled that the Due Process Clause of the Constitution does not apply to those held at the military base.

Judge Neomi Rao, who was appointed to the court by President Trump, wrote in the decision that "the Due Process Clause may not be invoked by aliens without property or presence in the sovereign territory of the United States."

The decision rejects the appeal of Abdulsalam Ali Abdulrahman al Hela, a Yemeni citizen who has been detained at the U.S. military base in Cuba since 2004. A district judge last year denied al Hela's habeas corpus petition challenging his detention at the facility.

"We think the decision is incorrect and we're considering our options," David Remes, al Hela's attorney, told The Hill on Friday. "The fundamental injustice at Guantanamo is holding individuals indefinitely without a charge. That's the ultimate problem that needs to be addressed."

Friday's decision would likely be the most categorical denial of legal rights for Guantanamo detainees in nearly two decades of court battles over the military prison.

The detention camp was established by former President George W. Bush in 2002 to house detainees who came into U.S. custody during the war on terrorism. It's been the subject of intense criticism from human rights advocates; many Democrats, including former Vice President Joe Biden, have called for its closing.

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


TOPICS: Crime/Corruption; Extended News; Government; Political Humor/Cartoons
KEYWORDS: dueprocessrights; guantanamo

1 posted on 08/28/2020 6:24:35 PM PDT by bitt
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To: Whenifhow; null and void; aragorn; EnigmaticAnomaly; kalee; Kale; azishot; AZ .44 MAG; Baynative; ..

p


2 posted on 08/28/2020 6:24:48 PM PDT by bitt (IF YOU CAN PROTEST IN PERSON, YOU CAN VOTE IN PERSON Donald J. Trump)
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To: bitt

Need a few new wings down there.

ANTIFA

BLM

There are now a myriad of revolutionary groups out there
who think their name is just the cutest. Gotta provide
a wing for them too, so they can fight amongst themselves
and save us the trouble.


3 posted on 08/28/2020 6:46:03 PM PDT by DoughtyOne (Some of the folks around these parts have been sniffing super flu.)
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To: bitt

They have the legal right to a drum head Court Martial and then a firing squad.

L


4 posted on 08/28/2020 6:48:07 PM PDT by Lurker (Peaceful coexistence with the Left is not possible. Stop pretending that it is.)
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To: bitt

A federal appeals court ruled on Friday that foreign detainees at Guantanamo Bay do not have the right to make due process claims in court.


That is, in fact, the entire reason the prison facilities at Guantanamo Bay exist - idiot judges decided that POWs held on US territory had full access rights to the US Judicial system.


5 posted on 08/28/2020 7:01:02 PM PDT by lepton ("It is useless to attempt to reason a man out of a thing he was never reasoned into"--Jonathan Swift)
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To: bitt

Foreign born, enemy combantants,and terrorists have no rights under the United States Constitution.


6 posted on 08/28/2020 8:59:08 PM PDT by cquiggy
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To: bitt

This is the kind of winning that makes my face hurt.
I might end up with a permanent smile.
The idea that illegals, terrorists or enemy soldiers are entitled to Constitutional protections is absurd.
Will they be given absentee ballots in a few Weeks? /sarc


7 posted on 08/28/2020 9:44:13 PM PDT by Honest Nigerian
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To: DoughtyOne

Unfortunately not enough room at Gitmo. Thus I suggest Amchitka. Much harsher environment. Besides, since Antifa and BLM love Marxism so much, they would get to reside in their own little GULAG.


8 posted on 08/28/2020 10:39:36 PM PDT by Fred Hayek (The Democratic Party is now the operational arm of the CPUSA)
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To: Fred Hayek

Works for me...


9 posted on 08/28/2020 11:13:33 PM PDT by DoughtyOne (Some of the folks around these parts have been sniffing super flu.)
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