The Habeas and new docs filed
The Columbia University-run website has no coherent point to make; but I do; and for a brief time I may in fact be prolific.
Let us discuss the recent filings available through Pacer. More people than Cao are reading them, as they are publicly available documents.
Idema, Caraballo and Banderas motioned the court for a temporary restraining order Rule 60 and other relief after Caraballo was being held and threatened with beheading among other things-by terrorists.
Idema through counsel, Bennett, Banderas joined through their next friend and submitted a memorandum of Law, Points, and Authorities in Support of their previously filed Motion and Supplemental Facts show this:
They requested the Court to review their contemporaneously filed Affidavit of Supplemental Facts to their Original motion which occurred or came to light after the government was served with the original restraining order.
Does it not seem ridiculous that you would have to serve your own government a restraining order??? It should!
In this situation, sadly, it is understandable. This concatenation of events which the US government is using to clusterfuck our own citizens must end.
Day-to-day custodial control over Jack and Brent (and Caraballo until he was released this past weekend) is exercised by US citizens outside the territorial jurisdiction of any court who are illegally denying the liberty interests of US citizens also outside the territorial jurisdiction of any US district Court. That alone, among other facotrs, completely distinguishes this case from Gherebi v. Bush, 374 F.3d 727, 739 (9th Cir. 2004) and Rumsfeld v. Padilla, 124 S. Ct. 2711-27 (2004) in every manner addressed by those cases by the US Supreme Court. Habeas corpus if far-reaching, and by no means as limited as the US government claims. Set forth below are points and authorities supporting each of their requests for relief in the previouslyfiled motion.
Facts of the Case
Respondents' Relations to Petition and SDNY Jurisdiction
Issues of Law-Points and Authorities
I. Rule 60 Provides for Reconsideration Based on Mistakes
II. The SDNY Court has Territorial Jurisdiction Over Respondents
III. THE SDNY Court has Subject Matter Jurisdiction Over Respondents
IV. Petition Should be Transferred Back to the SDNY in the Alternative-All District Courts have the Right to Review a Detainer
V. Petitioners Have a Right To, but should not be forced to Amend
VI. Petitioners Should be Granted a Temporary Restraining Order
VII. Respondents' Should be Barred from Further Dispositive Motions
Conclusion
If you don't understand legaleze, or are here to harrass and offend; get off my blog. These are serious facts which people like Mariah Blake and Carlotta Gall have completely swept under the rug and/or dismissed entirely.
This entails the supposed Constutionally guaranteed rights of American citizens in a foreign country which has entered into agreements with the US to uphold that our citizens would not lose these rights while they are there.
Too bad Idema and his men don't work for Blackwater because this would all be a moot point--and none of this would have happened...Blackwater has the power and connections to protect its employees from this kind of government BS.
Had they worked for Blackwater...their mission of looking for the terrorists and interrogating them would have ended. Qanuni and other top officials in the Northern Alliance would be dead.
Excuse the colorful language you may see here as I parse through these legal documents. Grapple with and clench the recklessness, rudeness, thoughtlessness, and audacity of not only the Federal Government in this case...but the journalists who have been primarily responsible for this comedy of errors and misleading the public.
Indeed, sadly, this is--to put it mildly-an outrage. I am new at this blogger thing but with my programming background, I've managed to picked some of this up rather quickly, what?
We will get to the CJR documents soon.
This concatenation of events must end.
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