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Gitmo detainees sue US | |
2004-07-16 | |
A team of lawyers sued the U.S. government Thursday on behalf of 15 detainees from Yemen held on suspicion of terrorism at Guantanamo Bay, Cuba, a spokesman said. The lawsuit was filed in U.S. District Court in Washington, bringing to about 50 the number of detainees for whom suits are pending, said Clive Stafford-Smith, a human rights lawyer who leads the New Orleans-based group Justice in Exile. The actions all demand court hearings and argue the men should be freed. The U.S. Supreme Court opened the door to such suits in a June 28 ruling that said detainees may appeal to civilian courts. All of the 15 Yemenis were detained in Pakistan, said Pamela Chepiga, a lawyer with New York-based Allen & Overy, the leading law firm on the case. Stafford-Smith, who also helped prepare the case, said he visited families of many of the Yemenis in their homeland and most told similar stories: the men left to work in Pakistan and didn't return. Relatives authorized the lawyers to prepare cases. "All we're asking for is a fair hearing," Stafford-Smith said by phone from New Orleans. "These are not terrorists."
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Posted by:Mark Espinola |
#9 Rex, You are an idiot. You are confounding concepts, and confusing transient populism with bedrock principles (e.g., everybody likes to bitch about lawyers, but you should see how quickly they call one when they get a speeding ticket, an insurer claims noncoverage, the builder wonât fix the newly built, leaking roof . . .) The Founders of this nation realized that the treatment of the accused (whether citizens or not, and no matter how heinous the act alleged) was the treatment that could wait for one and all. I say, again, âtry them fair, and hang them fair.â You may not do much reading, but I like the following passage: âit is better that ten guilty persons escape than that one innocent suffer.â (Blackstone (1753-1765) in 2 Bl. Com. c. 27, margin page 358, ad finem)Of course, you may not think much of Blackstone . . . In my mind the filing of Writs of Habeas Corpus (bogus as they probably are in cases like this) is comparable to the thousands of times planes have been scrambled to keep the nation safe post 9/11, only to find out there was no problem. The price of freedom is eternal vigilance, and some bogus lawsuits . . . Especially since lawyers are not on the front lines shedding blood to preserve our freedoms . . . Ah, again, you are an idiot. There are many lawyers active in the reserves, and many of them are overseas right now protecting your sorry a@@ and right to spout off your ignorant, inflammatory bull@*#t. Spare me the sanctimonious rah rah about what lawyers do for this country. Idiot. It isnât sanctimony, itâs pragmatism and reality. My profession is not better or worse than any other in this country, and has just as many bad apples and good apples as any other. The sKerry Johns are just that, bad apples. However, this country needs the free and unfettered practice of the legal profession just as much as that of medicine, engineering, media, sanitation, retail sales, security, construction, marketing, fast food, entertainment, sports, manufacturing, education, geology . . . |
Posted by: cingold 2004-07-17 9:11:37 PM |
#8 Because Yemen doesnât give a @*#t about the following, but we Americans do You've got that wrong, bucko. The vast majority of Americans, except for American lawyers of course, would love to put these Yemeni terrorist wannabees in a cage on a remote island and throw the keys away. Who are you trying to fool with this pap about Americans wanting justice for Yemeni slimeballs? Give me a break. maybe some of this is being done for free Heh, heh...oh, sure, no doubt...heh, heh...dream along with me... If not, I donât care, because the lawful and orderly application of justice is worth all the blood shed over the years by citizens of this country to preserve all our rights to life, liberty, property, and the pursuit of happiness! I'll bet you don't care. And why am I not surprised? Especially since lawyers are not on the front lines shedding blood to preserve our freedoms...there are no billable hours for shedding blood. Spare me the sanctimonious rah rah about what lawyers do for this country. We've got 2 perfect specimens in the spotlight trying to slime their way into the WH. |
Posted by: rex 2004-07-17 8:33:19 PM |
#7 Because Yemen doesnât give a @*#t about the following, but we Americans do:No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.Sorry to burst your bubble Rex, but the Founders of this nation thought lawyers were so important that they mentioned them in the U.S. Bill of Rights. Also, please note, the drafters used the word person (not citizen) meaning that these rights go beyond just citizens. Compare, e.g., U.S. Const. amend. XIV. If you hate lawyers so much, why donât you work to pass an amendment banning the profession? And, actually every state bar (the Court kind, not the ETOH kind), as far as I know, requires the lawyers of the bar to perform pro bono services on a yearly basis. So, maybe some of this is being done for free. If not, I donât care, because the lawful and orderly application of justice is worth all the blood shed over the years by citizens of this country to preserve all our rights to life, liberty, property, and the pursuit of happiness! |
Posted by: cingold 2004-07-17 8:13:38 PM |
#6 The overreaching to international law will get struck down by the trial judge, or overturned on appeal, or in the end Congress will pass laws making the point moot. But, the most likely thing is the trial judge will kill it. Kind of a costly [TO THE US TAXPAYER!]and lengthy legal circus, wouldn't you say, so that 15 Yemeni nationals can have their "civil rights" protected. a. Why isn't the government of Yemen picking up the tab for the legal defense of their beloved scuzball citizens? b. If "a" is not forthcoming, why aren't American lawyers DONATING PRO BONO legal defense services to the Yemeni scuzball nationals, if American lawyers, as we are told, believe so PASSIONATELY about RULE OF LAW? |
Posted by: rex 2004-07-16 11:56:02 PM |
#5 This is Rule of Law Stuff -- Public Access to Governmental Action We have no star chambers. And for good reason -- the Brits soured us on that, terribly. For those with the inclination, I suggest listening to the oral arguments in the U.S. Supreme Court regarding: Hamdi v. Rumsfeld: Link to Oral Argument, which considers whether the U.S. military may withhold basic constitutional guarantees from an American citizen who was taken into custody in Afghanistan during military combat and declared "an enemy combatant."This is all pretty standard fare, centuries old in U.S. jurisprudence, regarding how we protect the civil rights of citizens and noncitizens -- both in times of peace, and while at war. The Justices ask good questions. They are trying to balance getting the job of the military done, without trampling on civil rights, wholesale. I couldnât find the cases cited in the story, above, but found a similar Petition for Writ of Habeas Corpus, related to Guantánamo Bay. Nothing is secret, not even the names, phone numbers, etc. of the attorneys. Consider the attorneys a necessary evil, if you must, but realize if it was you (wrongly charged, of course) you'd want a good lawyer. Giving legal process to these a@@hats is just a legal drill for when someone innocent gets locked up. The document cites jurisdiction pursuant to 28 U.S.C. §§ 2241 and 2242, as well as pursuant to 28 U.S.C. §§ 1331, 1651, 2201, and 2202; 5 U.S.C. § 702; and the Fifth, Sixth, Eighth, and Fourteenth Amendments to the United States Constitution, the International Covenant on Civil and Political Rights, the American Declaration on the Rights and Duties of Man, and customary international law. The petition goes on to describe VENUE, THE PARTIES, gives a STATEMENT OF FACTS (including the petitionersâ detention, the detention order, the Guantánamo Bay Naval Base), and CAUSES OF ACTION. The PRAYER FOR RELIEF is as follows: WHEREFORE, Petitioners pray for relief as follows:Like I said, this is standard stuff. The overreaching to international law will get struck down by the trial judge, or overturned on appeal, or in the end Congress will pass laws making the point moot. But, the most likely thing is the trial judge will kill it. We really should do it like this: This is Rule of Law Stuff -- Try them fair, hang them fair |
Posted by: cingold 2004-07-16 7:44:36 PM |
#4 How many of these lawyers are ACLU? |
Posted by: Mark Espinola 2004-07-16 5:04:59 PM |
#3 the men left to work in Pakistan I think we know what kind of work it was. |
Posted by: mhw 2004-07-16 11:31:42 AM |
#2 Frank, you assume that these idiots have something called shame. Clearly they do not and believe they act on a higher plane. Let them file but delay their day in court until the last possible moment. If they complain about the delay remind them of all the judges awaiting a vote in the Senate. |
Posted by: Cyber Sarge 2004-07-16 9:24:53 AM |
#1 publish all the lawyers names, firms, and home addresses. The American People would like to discuss a few things... wait til teh next attack on the US, these asshats should be lamppost hangers |
Posted by: Frank G 2004-07-16 8:37:48 AM |