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Posted: 7/12/2002 9:24:00 AM EDT
[Last Edit: 7/12/2002 9:38:41 AM EDT by imposter]
I remember we had a fairly heated discussion about this a while back: whether the US Citizens who get designated as enemy combatants have rights. The court of appeals for the fourth circuit overturned the district court's ruling that a US Citizen who has been designated as an enemy combatant by the executive is entitled to privately meet with his counsel. Here is the opinion: [url]http://pacer.ca4.uscourts.gov/cgi-bin/getopn.pl?OPINION=026895.P[/url] The court then goes not to say the courts need to be involved in this process somehow, but they are not sure how, and they do not want to step on any executive toes. They then kick the case back to to poor district court judge, and hope he will figure it all out. I for one think they are being pretty sensible. The governement argued that the case should be dismissed outright and that it is none of the court's business. They judges say:
Any dismissal of the petition at this point would be as premature as the district court's June 11 order. In dismissing, we ourselves would be summarily embracing a sweeping proposition -- namely that, with no meaningful judicial review, any American citizen alleged to be an enemy combatant could be detained indefinitely without charges or counsel on the government's say-so. Given the interlocutory nature of this appeal, a remand rather than an outright dismissal is appropriate. If dismissal is thus not appropriate, deference to the political branches certainly is. It should be clear that circumspection is required if the judiciary is to maintain its proper posture of restraint.
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In other words, they are not going to give the executive carte blanche, but they are not going to hurt the war effort either.
Link Posted: 7/12/2002 9:31:03 AM EDT
Link Posted: 7/12/2002 3:21:13 PM EDT
Originally Posted By imposter: I for one think they are being pretty sensible.
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Right on.
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