Posted on Jan 19, 2019
17-Year Gitmo Detainee With No Charges Petitions Supreme Court To Review Legal Case - The Ring of...
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Posted 6 y ago
Responses: 2
Unlawful combatant. Not a US citizen. On a military installation overseas. Since they are unlawful combatants, they do NOT qualify for Geneva Convention's protections. The Supreme Court approved the use of military tribunals for unlawful combatants in the 1942 case of Ex Parte Quirin. Furthermore, another Supreme Court decision, the 1950 ruling in Johnson v. Eisentrager, holds that enemy aliens who have not entered the United States are not entitled to access to our courts. So, in short, those cockroaches in GITMO do not have rights under US Constitution (since they are enemy aliens who have not entered the US) and are subject to a military tribunal. Fry the cockroaches.
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MAJ Montgomery Granger
Correct. The Supreme Court however, did rule that Gitmo was "defacto US territory." This is part of the rationale that detainees are allowed to petition for hebeas corpus. Weak reasoning if you ask me. They could have lawfully been shot dead on the battlefield.
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MSgt (Join to see)
MAJ Montgomery Granger - True and I agree that it is a weak reasoning. To add to this, GITMO is not US territory because we are leasing it from Cuba. It is still technically Cuban property. Unlike Embassies were the property is considered US property, Military bases are not.
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