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Ackerman/Turley noted habeas's defacto death for citizens - will USSC

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papau Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-20-06 08:02 AM
Original message
Ackerman/Turley noted habeas's defacto death for citizens - will USSC
Edited on Fri Oct-20-06 08:04 AM by papau
USSC throw it out?

After all, habeas still exists in theory for citizens. even after being called by someone an "enemy combatant". Now just how does a citizen held by the gov as an enemy combatant, the holding not known to others so next friend filing, get to court? And if known to be held so a next friend filing, just how does the Court claim jurisdiction over the Military Commission?

Granted the USSC can make things right and give the lower court jurisdiction - efectively throwing out the law - but until then? And do you expect Scalia - who praised habeas just the other day - to overturn this grant of presidential power?

Does it matter that snatch and hold forever with out charge beyond being called "enemy combatant" seem to be given a legal basis by this Military Commissions (MCA) law?

Yale Law Professor Bruce Ackerman writes in the L.A. Times :
http://www.democraticunderground.com/discuss/duboard.php?az=show_mesg&forum=364&topic_id=2253214&mesg_id=2253214.


Jonathan Turley, professor of Constitutional law at George Washington University on KO's Countdown :
http://www.democraticunderground.com/discuss/duboard.php?az=show_mesg&forum=364&topic_id=2420699&mesg_id=2420699

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