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(3-judge panel, 9th Circuit) Rules ALL GITMO detainees must have access to an attorney
Fox

Posted on 12/18/2003 11:46:39 AM PST by Dog

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To: Lazamataz
By the ususal rules of reciprocity in international affairs, if the US is allowed to go to foreign countries and seize people and hold them without trial, other countries will do the same to us. Libya used to send assassins to kill dissidents in the US for breaking US laws. Keeping the guys without recourse to attorneys is much the same as those countries that kidnap US citizens and hold them without counsel.

Of course, just letting them see an attorney doesn't guarantee that anyone will be set free. Most people executed or doing life in the US prison system had an attorney.
201 posted on 12/18/2003 1:16:25 PM PST by Doctor Stochastic (Vegetabilisch = chaotisch is der Charakter der Modernen. - Friedrich Schlegel)
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To: Dog
Congress can act to remove this matter from federal courts' jurisdiction. Our Ratified Constitution permits Congress shall have this power, not the president, not the courts. Congress alone. Read it.

Congress must get busy or congressmen must get other employment as We the People begin to take back our Republic.

Impeachment and removal of rogue, anti-Constitutional judges must be outsted from office to forfeit their fat salaries, benefits, perks, and status.

To start, the 9th must be purged for their seditious acts under color of law.
202 posted on 12/18/2003 1:16:27 PM PST by SevenDaysInMay (Federal judges and justices serve for periods of good behavior, not life. Article III sec. 1)
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To: Lazamataz
No, not quite. In order to have jurisdiction in a particular federal court, the court must find that the defendant has sufficient "minimum contacts" with the jurisdiction such that the court can proceed without violating due process of the defendant. For instance, if I live in New Jersey and have never been in California in my life, have never bought anything from a California store, and have never conducted business there, likely the courts could not get jurisdiction over me. But they found that the military bases there were sufficient to find that Rumsfield (as the embodiment of the military) did business there. Short analysis of a complex question. Can't say they were wrong in this part of the decision.
203 posted on 12/18/2003 1:19:21 PM PST by hankbrown
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To: cajungirl
Or take all 600 of them and release them right into the building the 9th district is housed...let the judges deal with them!
204 posted on 12/18/2003 1:20:41 PM PST by mdmathis6
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To: Lazamataz
Neat, that means that California has jurisdiction over military bases in Illinois.

It may mean that they have jurisdiction over Sony corp in bum-f***k Egypt as long as they have a shack in Kalifornia.

Yeah Right...

205 posted on 12/18/2003 1:21:40 PM PST by demlosers (Light weight and flexible - radiation shielding is solved.)
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To: Dog

206 posted on 12/18/2003 1:22:02 PM PST by Skooz (If everyone knew everything about everyone, no one would have anything to do with anyone)
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To: JmyBryan
Ignore it.

What are they going to do? Send the Federal Marshall to the US Army with a little court order?

207 posted on 12/18/2003 1:23:41 PM PST by Skooz (If everyone knew everything about everyone, no one would have anything to do with anyone)
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To: Pikamax
Well it turns out, according to the 9th Circuit, the Constitution is indeed a suicide pact.
208 posted on 12/18/2003 1:25:38 PM PST by dpa5923 (Small minds talk about people, normal minds talk about events, great minds talk about ideas.)
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To: Dog
How does the 9th Circuit in California have jurisdiction over a military base in Cuba?
209 posted on 12/18/2003 1:26:12 PM PST by 11th Earl of Mar
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To: Lazamataz
Court ruled Gitmo is US territory, not Cuban.

I've decided France is also US territory.

The problem with claiming France is there are all those French people in the way...any chance we could move them all to Gitmo? Then we could hire polite people to run Eurodisney.

210 posted on 12/18/2003 1:26:58 PM PST by highlander_UW
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To: hankbrown
But they found that the military bases there were sufficient to find that Rumsfield (as the embodiment of the military) did business there. Short analysis of a complex question. Can't say they were wrong in this part of the decision.

These bums would use any idiotic excuse for jurisdiction if it helps their political agenda.

211 posted on 12/18/2003 1:27:03 PM PST by demlosers (Light weight and flexible - radiation shielding is solved.)
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To: WhistlingPastTheGraveyard
SCOTUS is a court of One, and the One is Sandra Day O'Connor.

A Republican.

212 posted on 12/18/2003 1:28:00 PM PST by templar
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To: 11th Earl of Mar
It is not jurisdiction over the military base in Cuba, it is jurisdiction over the defendant (which is the U.S. military as custodian of the plaintiff). See my post #203
213 posted on 12/18/2003 1:28:11 PM PST by hankbrown
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To: siwrcw03
These rulings are disgusting, they really are. The FRIGGIN Japanese, Germans, North Koreans, North Vietnamese, and VC were NOT given access to American Courts and American lawyers!!

Obviously the problem is that we don't go to war often enough for the legal system to remember the difference between a foreign force, and an American citizen.

214 posted on 12/18/2003 1:29:21 PM PST by lepton
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To: Skooz
Cool graphic. :)
215 posted on 12/18/2003 1:29:53 PM PST by demlosers (Light weight and flexible - radiation shielding is solved.)
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To: demlosers
These bums would use any idiotic excuse for jurisdiction if it helps their political agenda.

Jurisdiction is not the problem in this case; all that does is determine if the court can proceed with the question. The real problem with the decision is the finding that Gitmo is subject to the ultimate sovereignity of the United States. That, IMO, is the error of the case.

216 posted on 12/18/2003 1:30:42 PM PST by hankbrown
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To: 11th Earl of Mar
How does the 9th Circuit in California have jurisdiction over a military base in Cuba?

Short answer is they don't but nothing stops an activist court once they get rolling.

217 posted on 12/18/2003 1:30:52 PM PST by jwalsh07
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To: Dog
We have become the one thing the Founding Fathers feared most: An unaccountable judicial oligarchy.
218 posted on 12/18/2003 1:30:55 PM PST by ought-six
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To: hankbrown
Apparently they failed to read the lease which states quite clearly that Gitmo remains under Cuban soverignty.

But that's neeither here nor there. The real issue is judicial activism morphed into judicial tyranny.< It is rampant in America and Congress needs to deal with it, sooner rather than later.

219 posted on 12/18/2003 1:32:44 PM PST by jwalsh07
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To: Mo1
These are the same judges that have ruled that America, for all practical purposes, is unconstitutional. We are under the thumb of an unaccountable and out-of-control judiciary. The Tyranny of the Robe thatthe Founders feared so much.
220 posted on 12/18/2003 1:32:57 PM PST by ought-six
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