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Search: jose guerena

07 Aug

...vital to US interests, they are necessarily involved in our foreign policy. Francisco José Quintana So it's frivolous for a country to stand for its sovereignty and for its widely succesful sovereing debt reestructure to avoid condemning part of your population to poverty... The US must answer for the actions of its judiciary. And Thomas Griesa's ruling ignores Argentina's sovereign decision to reestructure its public debt, and Argentina's sovereign immunity from jurisdiction and from execution over funds intended for use in sovereign activities. Griesa's decision is also biased and thus...
07.08.14 | |

21 Jun

PLR Just in case the laypeople don't recognize a rhetorical question, there is no such law. That does not prevent kidnapping victims such as Jose Padilla from being sentenced to lengthy jail time for nonexistent thought crimes, however. Howard Gilbert "picked up in a classic international armed conflict, and, particularly had he been afforded the protections of the Geneva Conventions, could be lawfully detained for the duration of that conflict without need for trial." The Geneva Conventions do not authorized armies to take enemy combatants as prisoners of war. They...
21.06.10 | |

20 Aug

...a federal crime. hannah Another point that's completely missing from Edley's handwringing missive: There is currently a very active lawsuit against Yoo for torture filed by Jose Padilla. Should Yoo lose the suit, is Edley really going to hide behind the standard he alluded to -- the termination is premissible only in caes of criminal conviction? By that standard, any profesor who loses a suit for, say, sexual harassment can continue teaching as long as s/he is not criminally convicted for sexual assault. Angus Lander Regarding the abortion-torture comparison: if...
20.08.09 | |

03 May

...on the publicly available interview information. That is an eminently manipulable source. He did not appreciate that comment, but there we are. On Goldsmith, I hope that persons here are aware of his "word manipulation" in his own opinion to permit people to be taking out of Iraq to be tortured. This was the subject of Professor Jose Alvarez and Professor Nayla Sadat's profoundly apropos critique in a Symposium on Torture several years ago in the Case Western International Law Journal. The hagiography given to Goldsmith is repugnant to many...
03.05.09 | |

14 May

...the process of holding these people to further delay the substantive analysis of their status and the questions of what their treatment has been and should be I beg to differ with the view that Jack Goldsmith has left this administration with his reputation intact as is noted in one of the posts to which you cite. Please see Jose Alvarez, Torturing the Law in last year's Case Western International Law Journal. By framing the debate in the way the papers do it - Amnesty is one extreme - the...
14.05.07 | |

20 Jun

...Mohammed." So far, the Supreme Court has only indicated that Habeas may extend to detainees who challenge their classification as enemy combatants. Detainees such as KSM or Jose Padilla who always admitted their combatant status and anyone who asks for and receives POW status in a future conflict may still have no basis to petition for Habeas. cruz del sur MacCain should read this Una When did you go SOFT ON TERROR, Julian!? Benjamin Davis It is being bruited that McCain and Graham are introducing legislation as soon as next...
20.06.08 | |

04 Sep

...broadly of an interpretation, do I shoulder the burden for the next 9/11. Benjamin Davis The New Stream Dream, I am sorry if I seem unfair. To me it is not a question of fairness. Last September there was an analysis done of that particular memo by Jose Alvarez and others in the Symposium on Torture of the Case Western Reserve International Law Journal that I found compelling in showing the sleight of hand that Goldsmith had played in that memo. And that sleight of hand was done to permit...
04.09.07 | |

21 May

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21.05.07 | |

15 Feb

...don't need it. What is often missed is that some of these detainees were Mirandized. Jose Padilla, for example, was arrested and Mirandized at O'Haire airport, then held by the FBI in the criminal justice system with a lawyer for a month, then subject to military detention and interrogation for years, then released and successfully prosecuted using evidence that had been gathered before he was ever arrested. Judges are smart (including military judges). They know the law and the constitution and during trial they enforce the rules and prevent any...
15.02.10 | |

18 Nov

...without his statements. The most exotic possible outcome would be for Jose Padilla to trim a few years off his sentence by agreeing to testify about his two weeks of training with KSM and the other 4 defendants in the second half of March, 2002. Anderson However, the 19 hijackers were all soldiers selected from the foreign fighters of the Afghan Army under the Taliban Is this correct? I've never seen that all 19 hijackers were Taliban members. Savannah Howard Gilbert: Thank you for clarifying! Howard Gilbert The Taliban were...
18.11.09 | |

09 Feb

...alternative requirements. So, in sum, attorney-client communications could only be intervened in terrorism cases. Garzon ordered wire-tapping of such communications in a corruption case, thus exceeding his authority and committing prevaricato (don't know how to say it in English but it basically means that as a judge he did something he wasn't allowed to). Juan José In Spanish Law “prevaricar” means pronouncing deliberately wrongful decisions. And criminal convictions for “prevaricación” are not unusual. Supreme Court Judgement about Garzón gives some instances of judicial actions considered to constitute that offence: performing...
09.02.12 | |

05 Mar

...were subject to Military Commissions. It is an obvious consequence of this specific restriction, that lawful alien enemy combatants (if such a category is found to exist in this conflict) and unlawful enemy combatants who are citizens (Jose Padilla for example) are not subject to Military Commissions and therefore must be tried by a full Court Martial. However, nothing in the MCA prohibits those subject to a Military Commission from being presented to a Court Martial if that is the decision of the Executive. Given the recent amendments to the...
05.03.10 | |