“On December 19, 2013, President Obama nominated Chutkan to serve as a United States District Judge of the United States District Court for the District of Columbia, to a new seat created pursuant to 104 Stat. 5089, on July 1, 2013. Her husband Peter Arno Krauthamer, a judge to the bench in the Superior Court of the District of Columbia, was nominated by President Barack Obama on July 11, 2011.”
That says it all. There has never been anything like the Obama administration in American history: a den of traitors and saboteurs, all working against American interests at every turn. Americans will suffering the ill effects of that traitorous administration for years to come, despite all that President Trump has done in the last year to undo the damage. Did Nazi soldiers get to meet with the ACLU when they were taken prisoner? This ruling is ridiculous, and based on the false premise that jihad terror is criminal activity, when what it really is is war, separate battles in a long war.
“American ISIS Fighter Can Meet With Lawyer, Judge Says,” by Kevin Daley, Daily Caller News Foundation, December 24, 2017 (thanks to Todd):
The U.S. military must allow an unnamed U.S. citizen held in Iraq as an enemy combatant access to legal counsel, a federal judge in Washington, D.C., ruled Friday.
The combatant has been held in Iraq since September on suspicion of fighting for the Islamic State. Judge Tanya Chutkan found the ACLU can meet with the prisoner to determine if he wishes to retain a lawyer.
“Ordering the government to allow the ACLU access to this American is an essential protection of his constitutional rights and a major victory for the rule of law against unchecked executive power,” ACLU attorney Jonathan Hafetz said in a statement.
The controversy was occasioned in September when a Syrian militia captured the individual in ISIS-held territory. He was transferred to the U.S. armed forces, who immediately classified him as an enemy combatant. Held at an undisclosed location in Iraq, the detainee has not been permitted access to a lawyer or to his family, though the Red Cross has met with him on several occasions.
The ACLU filed a habeas corpus petition on the prisoner’s behalf on Oct. 5.
The government argued the ACLU has no standing to intervene in the case, and that the detainee has no right to counsel while the administration determines how to dispose of his case. In rebuttal, the ACLU said they can represent the detainee under “next friend standing.”
Next friend standing is granted when a third party wishes to proceed on someone else’s behalf. The “next friend” must demonstrate that they are dedicated to the real party’s best interest and that the real party cannot proceed on their own due to some incapacitation.
The court agreed the ACLU satisfied these requirements, and ordered the military to allow them access to the detainee. Friday’s order only allows the ACLU to determine if the detainee wishes to retain the organization as his legal counsel. If he rejects their offer, they will not be permitted further access….
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Instead of classifying this traitor as an enemy combatant, he should be tried by treason and if found guilty be given the death penalty. Of course, being this person was “An American”, he’d have a lawyer.
There’s still time.
PS. It’s not the military’s job to press charges of treason against an US citizen. That’s a federal prosecutor’s job.
Merry Christmas, JinStL. I beg to differ, US Uniform Code of Military Justice, 906a. ARTICLE 106a states otherwise.
The cited section starts with, “Any person subject to this chapter…” That is members of the military, not any US citizen.
If you are conversant with the UCMJ, you will find that provisions for spies, et al, are covered under the subject of “Unlawful Combatants” and would full under said purview.
Proper (legal) DECLARATION OF WAR is needed to counter all those ridiculous nonsensical obstacles presented by “judges.” Only the US Congress can do that and the President should propose and pursue that. War against jihad. Obviously jihadis must be recognized as enemies. Not “terrorists.” Not “evil-doers”: Islamic jihad! With such declaration of war it would be quite simple to round them all, treat them as ENEMY combatants, deport or execute after fast tracking verdicts by military tribunals. Stop playing “games.” ACT!
You still have the problem of US citizenship by the captured person. Did you not read the article? You can’t treat a US citizen as an enemy combatant.
Where would one be able to find that, either in the Constitution of the United States of America, or in any codified legislation. Moreover, when did US courts have jurisdiction in another sovereign nation?
When one is under the UCMJ.
Please reference the constitution or codified legislation .. not just “under the UCMJ”. Doesn’t quite cut it.
The Bill of Rights. There is no exception for under the UCMJ.
OK, aemoreira1981, where within the entirety of the Bill of Rights, does it give US courts jurisdiction over a foreign sovereign nation and a US military force, holding a prisoner, under the authority given by said foreign sovereign entity?
I keep a copy handy and can find NOTHING in that respect.Not one word concerning it…
I did read it. There’s nothing there saying that an US citizen cannot be (or become) enemy combatant. In proper sane universe it should be obvious that if you fight your own country, you essentially abandon your citizenship. Bloody ACLU lawyers and self-important lefty “judges”! BTW, shyster lawyers would gladly represent even the devil: they have no moral standards besides making money “dirty” way.
the term “shyster” blew your whole case. Not too smart.
“Not too smart” but true, unfortunately, in way too many “cases.” Why are you such a defender of dishonest lawyers? Are you the member of the “bar association”?
everyone badmouths lawyers till they need 1
everyone badmouths lawyers till they need 1
“You can’t treat a US citizen as an enemy combatant.”
Yes you can. Look at the Torito case from WW2. Torito was born in the U.S. His family returned to Italy, he was drafted, later captured, and brought to the U.S. as a POW. He sued for release as a U.S. citizen. The courts held his citizenship did not matter, he was a POW, and he was returned to Italy after the war. The Supreme Court refused to hear his case and affirmed the lower courts.
Much of the court decisions since 9/11 have been intended to overturn the WW2 precedents like Torito, for no good reason other than to keep our judges in good standing with their European counterparts during their summer vacations.
Ever heard of treason / sedition ?
What about it?
REALLY ?
“Proper (legal) DECLARATION OF WAR is needed to counter all those ridiculous nonsensical obstacles presented by “judges.””
Not true. The U.S. Supreme Court held in the 1801 ruling Talbot v. Seeman that the Congressional authorization for naval action against France in the Quasi-War was “an imperfect declaration of war” but was still just as legal as a full declaration. That precedent has held true for every ‘undeclared’ war since then that has had Congressional authorization.
This will not end well, the Canadian result of a murdering terrorist meeting with a Canadian government paid for tribe of lawyers, resulted in the murderer getting 10 1/2 million dollars for inconvenience as a result of being captured.
Legally, there is nothing wrong with this decision. Key here is that the unnamed person is a US citizen and being held by the US military, as a citizen, he can’t be denied his Constitutional rights by any division of the US government. The majority may not be happy, but only a change to the Constitution can effect a different outcome. Trump will obviously appeal the decision, but I don’t see any basis for reversal.
The US Uniform Military Code of Justice, says otherwise, aemoreiara1981.
Such cannot override the Constitution. The USA is a country of a Constitution.
Then, aemoreira1981, please be so kind as to address my earlier question, where in the Constitution of the United States of America, does it give our courts authority over another sovereign nation?
If those countries turn their prisoners over to the US military, and the person in question is a US citizen, US jurisdiction now applies.
I have NO idea where you get your information, but that is not true. Look at the cases where a US serviceman raped some young girl, in Okinawa or the Republic of Korea. They are still bound by the laws of Japan and Korea and must be turned over to the local nation’s authority when requested. There have been great diplomatic upheavals when the US Army would spirit someone out of the nation. TOO funny. Simply hilarious!
You are incorrect ,as in wrong. The guy should have been shot where he was.
Any US citizen caught fighting with an enemy combatant group should be shot on sight. No Recourse. They are Treasonous Traitors and no longer citizens.
The ACLU needs to be busted under RICO
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Can just his head meet with the lawyer?!
Judge shopping ruined California, now it looks like it is going nationwide.
What exactly is legally wrong about this decision? I’ll wait. If anything, the Armed Forces should have checked this person’s citizenship before accepting him into their custody.
So, when is your next antifa get together.?
Ask someone in Antifa. I wouldn’t know.
Wow…the West is treating these terrorists with WAY too much humanity and leniency.
This guy should be in Gitmo
“Syrian militia captured the individual in ISIS-held territory. He was transferred to the U.S. armed forces,….”
The Syrian Militia should have “misplaced” him…
The first serious error here was taking ISIS fighters prisoner. For their barbarism and savagery they should be shot immediately. Here in Canada the leader of the South African mercenaries who in 2015 Nigeria were hired to deal with Bobo Haram, was seen on tv. A female BBC reporter asked him how the mercenaries had dealt with Boko Haram prisoners. His response? “Oh, we didn’t have that problem” The U.S. military needs to smarten up. No one would be talking to the ACLU. In any event ACLU members should be shot on sight!
100% spot on all the way around.
Best, always.
The ‘funny’ part (to me) about the method of these South African mercenaries taking no prisoners is this, in South Africa when on occasions farmers want to hunt springbok in numbers they do what these mercenaries did to Boko Haram. They track where the springbok are and then kind of shepherd them into ‘kill blocs’ where farmers are waiting to do a kind of turkey shoot. This is to some extent what the mercenaries did with Boko Haram savages, put trackers on the ground to determine where groups were running, put mercenaries in positions ahead called ‘kill blocks’, used attack helicopters to herd them into the ‘kill blocks’ and then just eliminated every wretched one of these Muslim savages who entered the target area.
Sounds like very effective tactics. Too bad we couldn’t do similar to anti-USA assholes here in USA. And you know d-RAT party and rinos are constantly trying to do away with 2nd. amendment.
Disarm the populace is always high on wish list of tyrants.
You take care.
Hi Jim, I’d like to see the U.S. military – not least the Green Berets after their fiasco in Niger – bury pride and talk to these mercenaries. They are very good. Most, like myself, are ex-South African Defence Force men who fought the communists in Angola for years. They make the world’s best mercenaries and possess a special does of ruthlessness, which, when fighting Muslim savages is what you need.
Good ideas. I am ex-military and have a friend who years ago was in SADF. He was / is a good man. He told me some really interesting things about what he did /saw. Hope he is well and his wife and kids.
I fully believe “rules of engagement” are BS.
Best.
The once Obama rule of engagement that you can fire only after the enemy does, was designed to put Muslims at an advantage and evidence of disgusting treachery. In Afghanistan it cost 16 SEALS their life and I think a total of 32 people dead. For that I hope that someday this Obama rat gets blown away.
Obola committed fraud to be elected. And he had a LOT of complicit scum in elected offices and medias to pull it off. ALL should be EXECUTED along with that muslim scumbag.
Committed treason AND sedition against MY country MANY times.
The loss of those SEALS and the others in a slow moving helo. HAD to be a set up. ALL who had ANY part in that (leakers etc.)need to be tortured to spill beans on who involved and killed slowly and painfully.
Have little doubt high ranking elected and appointed US office holders involved, among others.
Obola sold out USA to his muslim brethren and a LOT of anti-US scumbag organizations.
What sort of gun laws you got in SA?
These anti-gun numbnuts are REALLY trying anything to 100% do away with ANY rights for legal gun ownership here.
Best..
The former crew member of a Hercules gunship in the area where the helicopter went down, has testified that Obama’s ‘rules of engagement’ killed those SEALS and helicopter crew. She said that they in the Hercules could see the Taliban running around getting organized, but they were not allowed to fired on the Taliban until the Taliban did so first. Can you imagine U.S. generals agreeing to such disgusting rules of engagement? Yet they did! – and 32 people lost their lives! So the Taliban fired a grenade launcher and it brought down the helicopter.
I’m not longer living in South Africa, but know that whereas gun laws were pretty lenient the ANC is trying to tighten up. The reality that because of the huge amount of crimes of violence that set in during Nelson Mandela’s presidency, people loaded up on guns – and people are not handing them in! A few years back two armed black men walked into a Jo’burg bar and began pistol whipping patrons, so one man pulled out a handgun and in quick order shot both in the head – and dead as a dodo! When the cops arrived everyone laughingly told them that no one had ever before seen the shooter.
I can imagine what a cesspool SA experienced during Mandella’s years. How about what Mugabbe in whatever country he was running(Mozambique ?) was advocating?
All right to take “white” farms and kill whites. Etc.
Wherever you and yours are I hope all are /is well always.
Thanks, Kim, I’m doing just fine and I hope that you are likewise. The liberal media presented Mandela to the world as a wonderful hero and I will willingly acknowledge that he he carried out the transition smoothly. But after that things began going the dogs in fairly typical black African style of government. Crime and corruption sky-rocketed and the economy began stumbling. Racial discrimination against white people was disgraceful and in many cases they were denied jobs – hence the huge emigration. Suddenly with whites kicked out government services went completely to hell. The value of the Rand currency went to the dogs and has continued to plummet. When many years ago I was at university in Canada, it took round $1.27 to buy 1 Rand. Now there are more than 15 rands to one dollar.
Robert Mugabe who the West so willingly helped into power is a communist who completely ruined what was Rhodesia – that then became Zimbabwe. He had a dispute with a tribe called the N’dabeli who live in Matabeleland, so sent his North Korean-trained 5th Brigade into Matabeleland where they brutally murdered about 22,000 men, women and children. Concerning this the West said nothing. It said nothing when he began murdering white farmers, some of their labourers, and stole their farms. So now Zimbabwe, once under white rule referred to as “the breadbasket of Africa”, is a ruined country and South Africa heading that way. It’s the black African way.
Thanks for insights. I for one have not trusted western medias, at all, since Clinton was POTUS.
Medias in US seem much more into trying to “entertain with gossip and the like” than to be objective , truthful, informative or unbiased.
These asswipes try to make a deity out of scumbags, in many walks of life.
Knew Mandella wasn’t quite as “great etc.” as medias portrayed.
That scumbag who ran Zimbabwe (and I bet MANY more like him) needs to be executed and fed to some wild critters I know are plentiful in Africa.
You take care. Best, always.
Trudeau rewards ISIS terrorist with millions.
Hell no. This “isis” asshole and ALL like “it” simply needs and has earned a .45 round in both eyes. Period.
And same goes for obola and MOST if not all, appointees.
Not sure why you’d want to waste a round …
You are right. ! .45 round in an eye should do the trick.
The ACLU are operatives of the Democrat-Communist-Islamic Terrorist Organization.
This is as stupid as the ignorant Trudeau rewarding Omar Khadr $10.5 million for killing an American soldier and blinding another. Khadr plead guilty but later changed his mind, claiming that he lost some sleep and got his face wet. Trudeau, the Islamism ass kisser, felt sorry for him and rewarded the $10.5 MILLION claiming that he actually saved Canada $70 million or more because he had decided the court would have found Khadr not guilty.
Never mind Trudeau considers himself above the law, he has taken it on himself to simply bypass the Courts and make Legal decisions. Why do we need Laws, Courts or even the Criminal Code of Canada when we have Justin Trudeau?
Americans would be well advised to keep a close eye on Trudeau. He is actively selling significant Canadian businesses to Communist China and is working hard at importing Muslim terrorists. He was recently convicted of accepting bribes from a foreign lobbyist.
He might be pretty but what you see is NOT what you get.