On Oct 20, 2006, at 7:52 PM, Charlie Bell wrote:
On 21/10/2006, at 12:00 PM, Dan Minette wrote:
This would seem to exclude citizens. However, it actually doesn't,
because if you are declared a UEC because you have been deemed to
have provided material support to terrorists (say you'd rented an
apartment to the 9/11 hijackers), then you are one until you can
challenge it in a court... oh. Now you can't, until the Government
says you can.
Why not? Where in the law does it say that habeas corpus has been
suspended?
In a bit you already quoted. If you are declare a UEC, habeus corpus
has been suspended.
“(e)(1) No court, justice, or judge shall have jurisdiction to hear
or consider an application for a writ of habeas corpus filed by or
on behalf of an alien detained by the United States who--
`(A) is currently in United States custody; and
`(B) has been determined by the United States to have been properly
detained as an enemy combatant or is awaiting such determination.”
If I read (e)(1)(B) correctly, you don't even have to be actually
_determined_ to be an enemy combatant, merely _awaiting_such_
determination_, in order to have habeus corpus suspended, but you
_do_ appear to have to be an alien... I'm not taking a side in this
exchange, I just want to understand if this august body believes that
this is the intent of this clause.
Dave
_______________________________________________
http://www.mccmedia.com/mailman/listinfo/brin-l
