Judge orders names of all detainees in 9/11 probe released

MSNBC ^

[Brian Mosely]

MSNBC NEWS BULLETIN Judge orders names released All detainees in 9/11 probe Details to come ...

[jwalsh07]

They have no lawyers, no access to family or media.

LOL. Are you joking? They all have access to an attorney and they all have the ability to release their names. You think the facts matter or do they just get in the way?

[hchutch]

So, al-Qaida knows who we caught, and which of their agents are still out there.

We just gave `em a leg up in planning future operations if this ruling stands. Lovely! [/sarcasm]

[carenot]

Amendment VI In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.

Wow! Thanks.

I reckon you noticed Traficant's trial was moved out of the district where the alledged crime was commented.

[tomahawk]

Problem with the VIth Amendment cite is that the esteemed Judge Kessler (NOT) didn't cite it, much as you wish she did.

[carenot]

I will need to read the ruling to verify, but based on the news accounts of her "reasoning", it's a ludicrous ruling.

Nevertheless, she is right with the Constitution on this one.

[exodus]

To: tomahawk
I have just skimmed this "judge"'s ruling, and it is indeed a Freedom of Information Act (FOIA) case, NOT a Sixth Amendment case. The judge does not deem the names of the detainees to fall within any exemption to the FOIA. I am quite confident she will be overturned and bitch-slapped. She needs to be removed from the bench.
# 93 by tomahawk

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If she made this ruling without considering the Constitution, she’s a fool. The Freedom of Information Act, from my understanding, applies to records of completed government cases, not ongoing investigations.

If she based this ruling on the Freedom of Information Act instead of the Constitution, she will be overturned.

I wanted to think well of her for supporting our rights, but she might be nothing but a stooge challenging secret arrests based on false reasoning. Once she's overturned, people can point at this case ans say, "See! The Supreme Court ruled that secret arrests are legal!"

[carenot]

Well, I think she was wrong on that one.

[exodus]

“...BTW, Everything's about money.”
# 97 by swarthyguy

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I know.
I was being facetious.

[tomahawk]

Exodus, Carenot, etc., I don't like tyranny either and have no desire to live under one, and if you're concerned about the potential dangers that could be posed with these new laws if someone who has a tyrannical streak in him (or her, in Hillary's case), I don't have a problem with that. But, and it's a big but, I don't believe there is a constitutional or legal principle that provides that foreign nationals who have been picked up on immigration violations or conspiracy to commit terrorist acts must have their names published, while the investigation is ongoing.

[Looking for Diogenes]

Here is a PDF copy of the judge's opinion and order, for anyone interested. It describes the government's position and why she largely overrode them.

Center for National Security Studies v. United States Department of Justice

[jwalsh07]

The sixth doesn't apply, they haven't been charged wit a crime. They are being held as material witnesses. If you have a gripe, its with the material witness law.

I don't have a gripe. If any of these "good fellows" are wrongly held, they can be compensated. In the meantime, they can do situps and pushups.

[tomahawk]

She overroad them because she disagreed with what they did, and constructed a faulty legal basis to justify her ruling.

[Polonius]

So, al-Qaida knows who we caught, and which of their agents are still out there.

Wouldn't they already have at least a rough idea? I can't say I necessarily agree with the ruling, but al-Qaida's leaders must notice when one of their people disappears, and assume he is either KIA or captured.

[tomahawk]

Agree.

[Looking for Diogenes]

Have you read it or are you just assuming that?

[carenot]

You misunderstand me at least. The releasing of names will impeded current investigations.

OK, so how long do you think someone should be held for investigation?

[carenot]

You think the facts matter or do they just get in the way?

The facts are that their family has no idea where they are and they are not allowed a lawyer.

"Facts do not cease to exist because they are ignored." - Aldos Huxley

[freeperfromnj]

"I stand by Ashcroft, not freak judge Kessler."

Ditto. We're talking about 100 detainees, most of whom were picked up in New Jersey (probably from Jersey City and Patterson).

http://www.freerepublic.com/focus/news/699155/posts

[jwalsh07]

More bad news

Federal Judge upholds material witness law as Constitutional

[jwalsh07]

The facts are that their family has no idea where they are and they are not allowed a lawyer.

Would you like to wager a little money on that?