Posted on 06/10/2002 7:30:38 AM PDT by Dales
Breaking now. Details shortly
It is a very good likeness, enough to be covered up no doubt.
Does the Quirin case make it a legal precedent for US citizens? It was my understanding the case had non-citizens as defendents.
German Reich, with which the United States is at war. Haupt came to this country with his parents when he was five years old; it is contended that he became a citizen of the United States by virtue of the naturalization of his parents during his minority and that he has not since lost his citizenship. The Government, however, takes the position that on attaining his majority he elected to maintain German allegiance and citizenship or in any case that he has by his conduct renounced or abandoned his United States citizenship.
Or to put it another way, he made his bed and he got to sleep in it...
Forever.
Now, now, don't worry your pretty little head about that -- the secret police are on our side and keeping us safe. Thats the important thing.
Funny how that works.
Wow, just like gang members huh.
My problem with the profiling thing isn't about civil rights, or abuses of power. I just don't think profiling will be very accurate, or effective.
While we look for Arab looking guys, the Basque terrorists will cruise by, or the French ones, or the Japanese ones, or the Germans.
Terrorists are a network, as Bush said, but that network isn't limited to Muslims.
All petitioners were tried under war crimes statutes not as enemy combatants. So I believe the arrest is valid. However, his confinement is what will be the question.
I really dont see a problem with locking this guy up forever for what he was planning, He has lost his rights as a US citizen and and has actually become a combatant and can be confined legally. He will most likely be tried in a civilian court of law
but the problem is if this case does not indeed set precedent for US citizens, somewhere out there an enterprising attorney will challenge this under habeus corpus. It could end up going all the way to the federal superior court and possibly to the Supreme Court on Constitutional issues. And if that does happen, it could have detrimental effects for our ability to hold even the prisoners in GitMo. Do you see where Im going with this?
My guess is this is leading to a case not of planning to execute violence but actually High Treason instead hence the confinement.
A U.S. citizen who is a resident or citizen of a foreign country may be subject to compulsory military service in that country. Although the United States opposes service by U.S. citizens in foreign armed forces, there is little that we can do to prevent it since each sovereign country has the right to make its own laws on military service and apply them as it sees fit to its citizens and residents.
Such participation by citizens of our country in the internal affairs of foreign countries can cause problems in the conduct of our foreign relations and may involve U.S. citizens in hostilities against countries with which we are at peace. For this reason, U.S. citizens facing the possibility of foreign military service should do what is legally possible to avoid such service.
Federal statutes long in force prohibit certain aspects of foreign military service originating within the United States. The current laws are set forth in Section 958-960 of Title 18 of the United States Code. In Wiborg v. U.S., 163 U.S. 632 (1985), the Supreme Court endorsed a lower court ruling that it was not a crime under U.S. law for an individual to go abroad for the purpose of enlisting in a foreign army; however, when someone has been recruited or hired in he United States, a violation may have occurred. The prosecution of persons who have violated 18 U.S.C. 958-960 is the responsibility of the Department of Justice.
Although a person's enlistment in the armed forces of a foreign country may not constitute a violation of U.S. law, it could subject him or her to Section 349(a)(3) of the Immigration and Nationality Act [8 U.S.C. 1481(a)(3)] which provides for loss of U.S. nationality if an American voluntarily and with the intention of relinquishing U.S. citizenship enters or serves in foreign armed forces engaged in hostilities against the United States or serves in the armed forces of any foreign country as a commissioned or non-commissioned officer.
The rest is Here
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