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Sat Aug 29, 2020, 08:33 AM

Appeals court rules due process rights don't apply to Guantanamo detainees

Decision (pdf) : https://www.cadc.uscourts.gov/internet/opinions.nsf/D0E6FA5B87B19006852585D2004F674C/%24file/19-5079-1858799.pdf

Article, from https://thehill.com/regulation/court-battles/514170-appeals-court-rules-due-process-rights-dont-apply-to-guantanamo

Appeals court rules due process rights don't apply to Guantanamo detainees

August 28, 2020 - 02:50 PM EDT
BY HARPER NEIDIG

A federal appeals court ruled on Friday that foreign detainees at Guantanamo Bay do not have the right to make due process claims in court.

The decision from the three-judge panel on the D.C. Circuit Court of Appeals ruled that the Due Process Clause of the Constitution does not apply to those held at the military base.

Judge Neomi Rao, who was appointed to the court by President Trump, wrote in the decision that "the Due Process Clause may not be invoked by aliens without property or presence in the sovereign territory of the United States."

[...]



6 replies, 320 views

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Reply Appeals court rules due process rights don't apply to Guantanamo detainees (Original post)
sl8 Aug 29 OP
beachbumbob Aug 29 #1
Baitball Blogger Aug 29 #5
Volaris Aug 29 #2
Buckeyeblue Aug 29 #3
FBaggins Aug 29 #6
FBaggins Aug 29 #4

Response to sl8 (Original post)

Sat Aug 29, 2020, 08:35 AM

1. thats the entire purpose of Guantanamo Bay

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Response to beachbumbob (Reply #1)

Sat Aug 29, 2020, 09:28 AM

5. +1

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Response to sl8 (Original post)

Sat Aug 29, 2020, 08:57 AM

2. Oh for fucks sake, not this bullshit again.

Constitutional Rights are just Human Rights that should apply to anyone under the jurisdiction of the Federal Government, PERIOD FUCKING END.

The goddamn patriot act should have been repealed 10 years ago.

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Response to sl8 (Original post)

Sat Aug 29, 2020, 09:05 AM

3. Some of the people detained at Guantanamo have been there 18 years

I remember at some point there were going to be military tribunals. But I don't know that I've heard of that ever happening. At some point there is going to be a geriatric issue.

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Response to Buckeyeblue (Reply #3)

Sat Aug 29, 2020, 09:31 AM

6. There were tribunals

Al Hela is arguing that his should be overturned on due process grounds because (among other things) he couldnít access classified information.

Itís worth noting that the court didnít just say ďyou donít have such rights... so buzz offĒ. Many of the specific claims were addressed as though he had the right but the facts didnít support his claim that the right had been violated.

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Response to sl8 (Original post)

Sat Aug 29, 2020, 09:25 AM

4. Nothing new there

Even three republican appointees can apply existing precedent:

ďThe Supreme Court has long held that non-resident aliens who have insufficient contacts with the United States are not entitled to Fifth Amendment protections

Worth noting that this is 5A due process... not due process in general. SCOTUS recognized 14A due process in such cases and a panel of the DC circuit canít do anything about that.

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