Re:The Government Is Keeping a U.S. Citizen Secretly Locked ...
by rayiner on Thursday November 23, 2017 @04:58PM
(#15768054)
No, non-citizens in foreign soil do not have any constitutional rights, including habeas. Boumediene is predicated on the idea that the US has de facto sovereign jurisdiction over Guantanamo Bay Cuba. That reasoning wouldn’t apply in Iraq.
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Re:The Government Is Keeping a U.S. Citizen Secretly Locked ...
by anarazel on Thursday November 23, 2017 @05:10PM
(#15768133)
> Boumediene is predicated on the idea that the US has de facto sovereign jurisdiction over Guantanamo Bay Cuba.
Indeed.
> No, non-citizens in foreign soil do not have any constitutional rights, including habeas.
I think that depends on the context and the definition of constitutional rights. There's no direct habeas, but longer-term military detention theoretically is only available in an declared military conflict. Which in turn depends on things like the 2001/2002 AUMF, and whether ISIS is a successor of AQ etc.
IANAL and absolute armchair amateur non-US citizen interpretation.
> I'm an appellate lawyer.* In a past life, I was an engineer at a cognitive radio startup.
Pretty damn cool.
Re:The Government Is Keeping a U.S. Citizen Secretly Locked ...
by rayiner on Thursday November 23, 2017 @05:51PM
(#15768352)
To be clear, I agree that long term detention might be illegal, on the basis of the AUMF, international law, etc. Those other sources of rights are in addition to those stemming from the Constitution itself.
Re:The Government Is Keeping a U.S. Citizen Secretly Locked ...
by will_brown on Thursday November 23, 2017 @07:45PM
(#15768810)
As a side note the Alien Tort Statute gives US Courts original jurisdiction over human rights abuses committed against non-citizens on foreign soil.
The courts have held arbitrary and prolonged detention, and forced disappearance are actionable under the statute.