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Politics : Sharks in the Septic Tank
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To: Ilaine who wrote (73931)9/4/2003 11:51:48 PM
From: Lazarus_Long  Read Replies (1) of 82486
 
Double jeopardy won't apply because there hasn't been a trial.
True.

Dismissing a case and bringing it again in another venue or jurisdiction is nothing worse than forum shopping, at worst.
Are you referring to the possibility of a secret military tribunal?
Wait a minute, counselor. If that option has become "just another venue", my answer is that we fought a revolution to prevent such "changes of venue".

all the orders regarding discovery go away.
But does the defendant's right to HAVE discovery go away?
If so, why have it all? All the prosecutor has to do is rig a way to get a "change of venue" and then fry the guy.

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It appears to me that habeas corpus, and right to a speedy trial have been violated. And possibly the right to a public trial if a secret military tribunal is held.

This guy was busted on US soil. Technically, we're not at war. How does the gov't get away with this? I mean legally, not just because they have the most and biggest guns. I thought we didn't run this country by that rule.

but if they have an absolute right to it (and I think they do) then one can't fault them for taking every procedural advantage they have available to them.
Surely that does not include shredding the Bill of Rights.
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