Comments on: ICE Defied Court Order In Greeley Raid

By: Andrew Oh-Willeke

Andrew Oh-Willeke — Mon, 18 Dec 2006 17:51:09 +0000

Update: Union brief filed. The government has yet to file its brief as of 5:55 p.m. today.

By: Andrew Oh-Willeke

Andrew Oh-Willeke — Mon, 18 Dec 2006 13:47:36 +0000

I don't think that the MCA will come into play. While the Military Commission Act of 2006, is applicable to some habeas corpus proceedings of non-citizens, its habeas corpus provisions apply, by its own terms, only to people who have been found to be enemy combatants by a combat status review tribunal or are awaiting such a determination. The people involved in this case fit neither category.

By: greenchiledem

greenchiledem — Mon, 18 Dec 2006 13:41:08 +0000

Using the Bush detention/torture bill to go after US aliens. Here's a better story on it with a link that works.

This is dated Sept. 28, 2006. Scarecrow on Kos

Why did the Republicans want the White House/House version? The White House presumably wanted to gain back part of what it gave up in the original compromise. But a Boston Globe report suggests that perhaps another reason was because Republicans, long frustrated in their efforts to get punative illegal immigrant legislation, saw the detainee bill as a way to go after illegal immigrants in the US, not just detainees captured in Afghanistan or elsewhere and held in Guantanamo.

Boston Globe story here.

By: greenchiledem

greenchiledem — Mon, 18 Dec 2006 13:31:58 +0000

Torture legislation and repeal of Habeus corpus allows the US Government and DHS to do just about anything they want - citizens or not. (I warned Sen. Salazar about this before he voted in favor of the legislation.)

In court documents filed with the 4th U.S. Circuit Court of Appeals in Richmond, Va., the Justice Department said a new anti-terrorism law being used to hold detainees in Guantanamo Bay also applies to foreigners captured and held in the United States.

The link to the AP report from a Nov. 13 diary on Kos isn't working. But here's the link to the diary.

Daily Kos diary by OneCrankyDom - "Bush Ranks ALL Immigrants withTerrorists, Can Be Detained Forever

So, I wonder if they will use this an argument as to why they defied the court order. These peole are scary.

By: greenchiledem

greenchiledem — Wed, 30 Nov -0001 00:00:00 +0000

In court documents filed with the 4th U.S. Circuit Court of Appeals in Richmond, Va., the Justice Department said a new anti-terrorism law being used to hold detainees in Guantanamo Bay also applies to foreigners captured and held in the United States.

The link to the AP report from a Nov. 13 diary on Kos isn't working. But here's the link to the diary.

Daily Kos diary by OneCrankyDom - "Bush Ranks ALL Immigrants withTerrorists, Can Be Detained Forever

So, I wonder if they will use this an argument as to why they defied the court order. These peole are scary.

By: greenchiledem

greenchiledem — Wed, 30 Nov -0001 00:00:00 +0000

Using the Bush detention/torture bill to go after US aliens. Here's a better story on it with a link that works.
This is dated Sept. 28, 2006. Scarecrow on Kos

Why did the Republicans want the White House/House version? The White House presumably wanted to gain back part of what it gave up in the original compromise. But a Boston Globe report suggests that perhaps another reason was because Republicans, long frustrated in their efforts to get punative illegal immigrant legislation, saw the detainee bill as a way to go after illegal immigrants in the US, not just detainees captured in Afghanistan or elsewhere and held in Guantanamo.

Boston Globe story here.

By: Andrew Oh-Willeke

Andrew Oh-Willeke — Wed, 30 Nov -0001 00:00:00 +0000

I don’t think that the MCA will come into play. While the Military Commission Act of 2006, is applicable to some habeas corpus proceedings of non-citizens, its habeas corpus provisions apply, by its own terms, only to people who have been found to be enemy combatants by a combat status review tribunal or are awaiting such a determination. The people involved in this case fit neither category.

By: Andrew Oh-Willeke

Andrew Oh-Willeke — Wed, 30 Nov -0001 00:00:00 +0000

Update: Union brief filed. The government has yet to file its brief as of 5:55 p.m. today.