AP: Administration: Detainees Have No Rights

[Eugene]

Administration: Detainees Have No Rights

By MATT APUZZO

WASHINGTON Nov 13, 2006 (AP)— The Bush administration said Monday that
Guantanamo Bay prisoners have no right to challenge their detentions in civilian
courts and that lawsuits by hundreds of detainees should be dismissed.

In court documents filed with the U.S. Court of Appeals for the District of Columbia
Circuit, the Justice Department defended the military's authority to arrest people
oversees and detain them indefinitely without access to courts.

It's the first time that argument has been spelled out since President Bush signed
a law last month setting up military commissions for the thousands of foreigners
being held in U.S. prisons abroad.

-snip-

The Justice Department said Monday that the detainees have no constitutional
rights. Giving military detainees access to civilian courts "would severely impair the
military's ability to defend this country," government attorneys wrote.

-snip-

Full article: http://abcnews.go.com/Politics/wireStory?id=2649851

[alarimer]

1. Monsters

They are inhuman. The sooner we get rid of Bush the better.

[underpants]

2. Continuation of "with us or against us" for domestic ears only

They don't really care about the courts or what anyone else in the world says they are just using this to cement the "with us or against us" wedge permanently in the American psychie.

[AndyA]

3. I wonder how their God feels about this.

All men are created equal? Justify your discrimination against fellow man, George Bush.

[TechBear_Seattle]

6. All men are created equal, but some men are more equal than others. n/t

[Jim__]

4. I thought we all had inalienable rights.

I must have misread that document. Oh well, it was old anyway.

[november3rd]

5. INALIENABLE

It has nothing to do with whether or not you're an American citizen, an enemy combatant or animal rights protester.

Everybody has the right to life, liberty and the pursuit of happiness. If somebody is suspected of having broken the law they have a right to a speedy trial.

In BushCo's cases, it may not prove to be as speedy as the country needs.

[TechBear_Seattle]

7. We desperately need an amendment

"All rights and protections guaranteed by this Constitution shall be guaranteed to all persons subject to laws deriving from the same."

Ie, anyone arrested for a parking ticket, immigration violation or because Congress passed a law saying that someone could be captured and held as an "enemy combattant" would have full, unequivocable access to due process and other guaranteed rights.

Not that such an amendment would hold up the Junta for even a moment, as the laws they enforce are not derived from the Constitution. But that is a different matter, one that I trust the Democrats in Congress will address as soon as possible.


Not that I'm holding my breath or anything.

[kurth]

8. "Authority to arrest people and detain them indefinitely without access to courts"

What country and what century are we in?

[TygrBright]

9. Ex-CUSE me?!? WHERE in the Constitution does it say...

...that the Constitution applies to everyone EXCEPT people blivet doesn't want it to apply to?

Last time I read that poor, tattered, neglected document, it said that every damn thing in it except the privileges of voting and holding office apply to every damn soul in US jurisdiction, WITHOUT EXCEPTIONS.

Would someone better at reading invisible margin notes than I am please point me to the bit that says "do ordain and establish this Constitution for the United States of America, except certain persons whom some shithead two hundred and thirty years from now will decide it doesn't apply to?"

I must have missed that bit.

furiously,
Bright

[B3Nut]

12. The Administration is functionally willfully illiterate

from a Constitutional standpoint. It's screamingly obvious.

See my sig. The principle of innocent until proven guilty and the right to face one's accuser and challenge the grounds for detention are a cornerstone of a free and humane society. Any deviation from that standard is barbarism, pure and simple, and inexcusable for a people who are supposedly technologically advanced. Moreover, it flies right in the face of the teachings of Jesus, who Bush claims as a "favorite philosopher." He gives precious little evidence of that professed belief in his actions.

If a given detainee is shown to be a terrorist and a threat, then by all means prosecute him to the fullest extent of the law. But a truly intelligent and humane society will make the most haste in ensuring that they have not detained the innocent by mistake - a humane people recoil at the thought of perpetrating a miscarriage of justice.

Todd in Beerbratistan

[Eugene]

10. US: Immigrants May Be Held Indefinitely (AP)

US: Immigrants May Be Held Indefinitely


Tuesday November 14, 2006 1:16 AM

By MATT APUZZO

Associated Press Writer

WASHINGTON (AP) - Immigrants arrested in the United States may be held indefinitely
on suspicion of terrorism and may not challenge their imprisonment in civilian courts,
the Bush administration said Monday, opening a new legal front in the fight over the
rights of detainees.

In court documents filed with the 4th U.S. Circuit Court of Appeals in Richmond, Va.,
the Justice Department said a new anti-terrorism law being used to hold detainees
in Guantanamo Bay also applies to foreigners captured and held in the United States.

Ali Saleh Kahlah Al-Marri, a citizen of Qatar, was arrested in 2001 while studying
in the United States. He has been labeled an "enemy combatant," a designation that,
under a law signed last month, strips foreigners of the right to challenge their
detention in federal courts.

That law is being used to argue the Guantanamo Bay cases, but Al-Marri represents
the first detainee inside the United States to come under the new law. Aliens
normally have the right to contest their imprisonment, such as when they are
arrested on immigration violations or for other crimes.

-snip-

Full article: http://www.guardian.co.uk/worldlatest/story/0,,-6212750,00.html

[LynnTheDem]

11. arrest people & detain them without due process; Saddam did that.

And bush used Saddam's doing that as an excuse to illegally invade and bomb the fuck out of Iraq.

Funny how it's ok for America to do, but wasn't ok for Saddam to do.

[BlueStater]

13. Just another reason why this asshole president has to go n/t

[Marie26]

14. US: Immigrants may be held indefinitely

WASHINGTON (AP) - Immigrants arrested in the United States may be held indefinitely on suspicion of terrorism and may not challenge their imprisonment in civilian courts, the Bush administration said Monday, opening a new legal front in the fight over the rights of detainees.

In court documents filed with the 4th U.S. Circuit Court of Appeals in Richmond, Va., the Justice Department said a new anti-terrorism law being used to hold detainees in Guantanamo Bay also applies to foreigners captured and held in the United States.

Ali Saleh Kahlah Al-Marri, a citizen of Qatar, was arrested in 2001 while studying in the United States. He has been labeled an "enemy combatant," a designation that, under a law signed last month, strips foreigners of the right to challenge their detention in federal courts.

That law is being used to argue the Guantanamo Bay cases, but Al-Marri represents the first detainee inside the United States to come under the new law. Aliens normally have the right to contest their imprisonment, such as when they are arrested on immigration violations or for other crimes. "It's pretty stunning that any alien living in the United States can be denied this right," said Jonathan Hafetz, an attorney for Al-Marri. "It means any non-citizen, and there are millions of them, can be whisked off at night and be put in detention."

http://news.yahoo.com/s/ap/20061114/ap_on_go_ca_st_pe/detainees_lawsuits_8

[Kerrytravelers]

15. Isn't it January yet?

I don't think I can wait that long!

[Marie26]

22. No kidding.

Is there some way we can give these guys a month-long vacation? I won't feel completely at ease till this Congress is gone.

[LynnTheDem]

16. America under bush; Iraq under Saddam.

Spot the differences. While there still are any.

[Lasthorseman]

17. Gee whiz

I thought they were going to build them and eight lane superhighway!
http://www.nascocorridor.com/
http://www.humanevents.com/article.php?id=15017
http://www.spp.gov/
http://www.whitehouse.gov/news/releases/2005/03/20050323-4.html
http://securingamerica.com/ccn/node/955
When do our "beloved" troops get their new uniforms?

[Marie26]

20. Gee whiz

I guess it's a good thing they're locking them up indefinitely w/o trial then, huh? This is right-wing conspiracy theory stuff, by the way, that has been totally debunked before on DU.

[Vorta]

18. Even if there is a good reason to do this

You would think that if someone was arrested in 2001, and there was sufficient reason to arrest and detain him, that he could be tried and convicted by now, thus avoiding the need for the detention controversy. What am I missing?

[Marie26]

21. That's the point

To try & convict somebody, they need evidence. To throw someone into a gulag indefinitely, they just need a suspicion & a foreign citizen. How many of these terror plots turned out to be drummed up publicity events? The Miami 7, etc. all fell apart as soon as they hit the criminal courts. Now, they don't even need the criminal court - they can just lock someone up w/o needing to prove any charges against them. How is this a democratic justice system? It isn't.

The most disturbing thing to me is that they are now capturing & trying people in this kangaroo court system within the United States. When the Military Commissions bill passed, I suspected they'd do this, & now they are. They don't need to limit this to Gitmo anymore; a loophole has now opened that completely bypasses the criminal justice system within the US. And secondly, actions like this show that Bush's talk about "cooperation" was BS. They're still pressing forward w/these new authoritarian actions, despite the election results. I hope Leahy can get the MCA rescinded, soon.

[AlamoDemoc]

19. Darn! Is this what America has become (n/t)

[tuvor]

23. Say goodbye to international tourism, America.

At least I got to visit Vegas.

[mare]

26. Seriously.

I loved my last vacation. I have friends in Massachusetts. But I'm not setting a foot into the US again.

[tuvor]

27. Welcome to DU, mare!

:hi:

[Rose Siding]

24. That's supposed to be the most conservative court.

I hope the Supremes get this one and settle against Son of Bush

[Marie26]

34. Yeah, total rubber-stamp.

On the plus side, at least the Supremes will have an opportunity soon to rule on (and strike down) this blatantly unconstitutional law.

[buddysmellgood]

25. No rights, unless they can show proof of holding an outsourced job.

[Heidi]

28. Kick.

:kick:

[rodeodance]

29. US: Immigrants may be held indefinitely

Posted on Tue, Nov. 14, 2006

US: Immigrants may be held indefinitely
MATT APUZZO
Associated Press

WASHINGTON - Immigrants arrested in the United States may be held indefinitely on suspicion of terrorism and may not challenge their imprisonment in civilian courts, the Bush administration said Monday, opening a new legal front in the fight over the rights of detainees.

...........

Ali Saleh Kahlah Al-Marri, a citizen of Qatar, was arrested in 2001 while studying in the United States. He has been labeled an "enemy combatant," a designation that, under a law signed last month, strips foreigners of the right to challenge their detention in federal courts.

That law is being used to argue the Guantanamo Bay cases, but Al-Marri represents the first detainee inside the United States to come under the new law. Aliens normally have the right to contest their imprisonment, such as when they are arrested on immigration violations or for other crimes.

"It's pretty stunning that any alien living in the United States can be denied this right," said Jonathan Hafetz, an attorney for Al-Marri. "It means any non-citizen, and there are millions of them, can be whisked off at night and be put in detention."........

http://www.centredaily.com/mld/centredaily/news/16004486.htm

[aquart]

30. This is sheer, gutless hysteria.

My grandfather would have died in a US prison if this unconstitutional law was in place when he was arrested by the FBI in the fifties.

[Crayson]

31. Definitely a clear warning to me. Stay out !!

Immigrants... that sounds like poor dirty people coming to look for asylum or work.

But hey, as a rich tourist I'm in no way different.
I'm an immigrant. And you just stripped away all my rights as a visitor.

Will I every visit the US as a tourist? No!
Will I ever bring business to the US without being able to be sure of my rights? No!

Obviously the US closes itself off.
Politically anyway, but this is one more step towards North Korean conditions.

And once the border is sealed, one can only guess what will happen inside.

[Solly Mack]

32. ...

...

[Hav]

33. .

Wow. So he's 5 years in prison, now. To the time, that might have been questionable and judges would have probably ruled in favor of him getting legal representation. But not anymore, they have made their illegal doings legal and their is nothing he can do about it.

What did Bush say again? It would be so much easier if he were a dictator?