January 31, 2005

Federal Jurist Grants Terror Suspects the Rights of Citizenship
— Ace


WASHINGTON - A federal judge ruled Monday that foreign terror suspects held in Cuba can challenge their confinement in U.S. courts and she criticized the Bush administration for holding hundreds of people without legal rights.

Judge Joyce Hens Green, handling claims filed by about 50 detainees at the U.S. Navy base at Guantanamo Bay, said the Supreme Court made clear last yearthat they have constitutional rights that lower courts should enforce.  

"Although this nation unquestionably must take strong action under the leadership of the commander in chief to protect itself against enormous and unprecedented threats," she wrote, "that necessity cannot negate the existence of the most basic fundamental rights for which the people of this country have fought and died for well over 200 years. "

It never occured to me that Nathan Hale submitted to execution so as to preserve the rights of foreign combatants.

Or for that matter that terrorist suspects were mentioned in The Constitution.

Good to know.


Posted by: Ace at 11:08 AM | Comments (17)
Post contains 182 words, total size 2 kb.

1 Obviously, one needs a law degree plus a degree of incipient stupidity to interpret the Constitution these days. Of course the Constitution names foreign combatants. Why, I wouldn't be a bit surprised to learn that not only does it name them as protected by that hallowed document, it NAMES THEM BY NAME!

It is incredible to me to see just how perverted judges such as Green can make what was once a hallowed and honorable document.

Posted by: Carlos at January 31, 2005 11:37 AM (2IKNh)

2 I'm behind Judge Green 100%. According them full rights as American citizens with all privileges and responsibilities as such seems like the fairest treatment of all. We should take every step to make this a reality, including seizing all their property to cover the back taxes they owe right before we execute them.

Posted by: Bullwinkle at January 31, 2005 11:59 AM (9KpI+)

3 No doubt a Clinton appointee. I wonder if she got half to hassle getting confirmed that Bush's female and minority nominees are getting. What a ditz!

Posted by: Argosy at January 31, 2005 12:16 PM (fpo0T)

4 Judge Green, an expert in family law, was appointed in 1979 by Jimmy Carter. Go figure.


Joyce Hens Green
United States District Judge
U.S. District Court for the District of Columbia

Prior to her appointment as United States District Judge for the District of Columbia in 1979, Judge Green was chief judge of the United States Foreign Intelligence Surveillance Court, and judge of the Superior Court of the District of Columbia. A graduate of the University of Maryland and George Washington University Law School, Judge Green is a member of the American Bar Association, the American Judicature Society, and numerous other legal and judicial organizations. She has published articles on marriage and family law.

Posted by: Blacksheep at January 31, 2005 12:41 PM (kVUW4)

5 Here's a suggestion I had a while back for dealing with judges such as this: remove them from office

Posted by: steve sturm at January 31, 2005 12:48 PM (A+QwG)

6 Actually Nathan Hale (who, by the by, was a revolutionary trying to overthrow the government which at the time was British) was executed decades before the Constitution came into existence, so whether he died for terrorists' rights (were the tea destroying, non-tax paying british soldier killing colonials, terrorists?) or not he certainly didn't die for any constitutional rights as we know them now.

Posted by: Dawn Summers at January 31, 2005 02:06 PM (HLOeu)

7 Bullwinkle:

What property? Only one I know has more than a set of shorts to crap in is UBL, and he's probably got it so hidden the CIA can't track it down.

Dawn Summers:

N. Hale wasn't fighting to protect a constitution. He was fighting for the right to have a constitution. Sound familiar?

Posted by: Carlos at January 31, 2005 02:21 PM (2IKNh)

8 Wasn't it Justice Jackson who said something to the effect that the Constitution wasn't a suicide pact? How very unsurprising to learn that a Carter appointee feels that compromising our security is in the finest tradition of the Constitution.

For a guy who's been out of office for a quarter century, Carter certainly has left us a rich and varied legacy. It's going to take me a long, long time to figure out how to adequately thank him for all he's done for this country.

Posted by: utron at January 31, 2005 02:25 PM (VVBQC)

9 Carlos, I don't care if it's a small herd of goats, or a lot in downtown Kabul with a cardboard shack, take whatever we can, anything we leave will likely be passed on to someone that will use it against us. If they don't have access to that lot in Kabul or Mosul that's one less place for them to hide or build bombs. If there's any money changing hands take it. Look at the reocrds from the 9-11 hijackers, they all sent money to relatives before they crashed the planes. An AK-47 costs about $100 on the black market in the middle east, an RPG launcher about $200. If we can take some of the cash that's paying for them out of circulation we'll have done a very good thing.

Posted by: Bullwinkle at January 31, 2005 04:02 PM (9KpI+)

10 We need to start IMPEACHING judges.

Posted by: fretless at January 31, 2005 06:26 PM (Qpf1r)

11 Perhaps Judge Green needs to read some Jefferson.
"If the enemy shall put to death, torture or otherwise ill-treat any of the hostages in their hands,... recourse must be had to retaliation as the sole means of stopping the progress of human butchery, and... for that purpose punishments of the same kind and degree [should] be inflicted on an equal number of their subjects taken by us till they shall be taught due respect to the violated rights of nations." --Thomas Jefferson: Report to Congress, 1776. Papers 1:403

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