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Politics : Foreign Affairs Discussion Group

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To: GST who wrote (121825)	12/19/2003 1:38:52 PM
From: carranza2	Read Replies (1) of 281500

I'd say that the odds that yesterday's Ninth Circuit's decision in Gherebi is going to be overruled are very high. Judge Reinhardt ignored an on-point 1950 case from the Supreme Court involving Germans assisting the Japanese in WWII after hostilities with Germany ended but before the Japanese surrendered. The existence and binding precedential force of the 1950 case was highlighted by the dissenting Judge. Its existence suggests that Judge Reinhardt who wrote the majority opinion was engaging in a bit of BS when he said the issue was "new." It clearly was not. If you care to read the 1950 case, I've provided the link below. In a nutshell, the case holds that there is no jurisdiction over the case. There is no basis for the exercise of judicial power over cases involving nonresident enemy aliens held outside the US borders during times of war. The only interesting question is whether we are in a state of war, in my view. Tough. They should have thought of the consequences when they decided to back AQ and the Taliban. I think the American terrorist (Padilla) case will be upheld because of his citizenship. He will probably have full rights, as he should. caselaw.lp.findlaw.com

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