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Politics : View from the Center and Left -- Ignore unavailable to you. Want to Upgrade?


To: Dale Baker who wrote (72317)6/15/2008 12:57:58 PM
From: Lane3  Respond to of 542087
 
If a judge is involved to determine probably cause, a trial must follow.

Indeed. Makes no sense at all, otherwise.



To: Dale Baker who wrote (72317)6/15/2008 12:59:04 PM
From: Lane3  Respond to of 542087
 
If a judge is involved to determine probably cause, a trial must follow.

Of course it does. Makes no sense at all otherwise. Getting habeas corpus without the rest of the panoply of rights would be a phyrric victory, at best.



To: Dale Baker who wrote (72317)6/15/2008 1:30:18 PM
From: Travis_Bickle  Read Replies (1) | Respond to of 542087
 
The Speedy Trial Act has been held to apply to both citizens and non-citizens alike. See United States v. Restrepo, 59 F. Supp. 2d 133 (D. Mass. 1999). However, since the September 11th Attacks in 2001, the United States has sought to enhance the abilities of immigration officials and other law enforcement officers to prevent further terrorist attacks. Under the USA PATRIOT Act of 2001, Pub. L. No. 107-56, 115 Stat. 272, the attorney general may certify a non-citizen as a terrorist if reasonable grounds exist to believe that the non-citizen has been engaged in terrorist activities. If the attorney general certifies the non-citizen as a terrorist, the act mandates the detention of the non-citizen. If the terrorist is deemed to be a threat to national security, or if emergency or other extraordinary circumstances are present, the federal government may detain the person for six months or longer. Accordingly, a suspected terrorist could be detained for a significant period of time without criminal charges or deportation proceedings brought against the suspect.

legal-dictionary.thefreedictionary.com

All that it requires is that the attorney general certify it, the court does not have to find that the person is a terrorist.