The Stig
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Post by The Stig on Mar 8, 2010 12:57:06 GMT -5
I think he'd probably get normal constitutional protections because we'd want to try him in a US court for treason. You could still probably try him for treason in a military commission and not give him U.S. constitutional protections on the theory that he was a U.S. citizen at the time of the treason, but is no longer one. Just speculating He's already been charged in a civilian court for treason. From what I've gathered, the main reason for using a military commission is that we may have classified evidence that we don't want to present in public. The evidence against Gadahn is very public, so I doubt that would be a problem.
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Post by AustinHoya03 on Mar 8, 2010 15:19:44 GMT -5
Does the US Constitution apply outside the borders of the United States? Even to foreign combatants in Afghanistan?
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SSHoya
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Post by SSHoya on Mar 8, 2010 15:32:32 GMT -5
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SSHoya
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Post by SSHoya on Mar 8, 2010 15:44:41 GMT -5
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Post by redskins12820 on Mar 8, 2010 16:03:13 GMT -5
This is obviously the natural outgrowth of Boumediene. You knew the policy was going to turn into keeping them abroad instead of bringing them to Gitmo. I would assume this is going to SCOTUS to reconcile with Eisentrager.
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hoyainspirit
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Post by hoyainspirit on Mar 8, 2010 16:18:36 GMT -5
^^^What?
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SSHoya
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Post by SSHoya on Mar 8, 2010 16:18:39 GMT -5
I assume cert petitions for whoever ends up losing once the DC Circuit takes a whack at it.
The Principal Deputy to the SG, Prof. Neil Katyal (who, if you recall successfully argued Hamdan at the SCOTUS when he was at GULC) has been an advocate of National Security Courts. I think that's where all these types of case may be headed, if Congress can agree to legislation creating such courts.
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EasyEd
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Post by EasyEd on Mar 8, 2010 16:25:52 GMT -5
Another lawyer thread?
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Post by redskins12820 on Mar 8, 2010 19:15:02 GMT -5
Habeas extends to military detention in Guantanamo. Therefore, don't bring detainees to Guantanamo. Keep them in Aghanistan=predictable response
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Bando
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Post by Bando on Mar 8, 2010 21:06:31 GMT -5
I assume cert petitions for whoever ends up losing once the DC Circuit takes a whack at it. The Principal Deputy to the SG, Prof. Neil Katyal (who, if you recall successfully argued Hamdan at the SCOTUS when he was at GULC) has been an advocate of National Security Courts. I think that's where all these types of case may be headed, if Congress can agree to legislation creating such courts. He's obviously a terrorist sympathizer, so we shouldn't listen to anything he says. [/Liz Cheney]
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hoyainspirit
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Post by hoyainspirit on Mar 9, 2010 7:29:54 GMT -5
Habeas extends to military detention in Guantanamo. Therefore, don't bring detainees to Guantanamo. Keep them in Aghanistan=predictable response From the non-lawyers, thanx!
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