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A New Legal Black Hole
I just posted a response to the ludicrous Appeals Court ruling today that, apparently, being in JFK does not necessarily mean you're in the United States:
Today, thanks to the United States Court of Appeals for the Second
Circuit in New York, there is, for the time being, a new legal black
hole - and this one wasn’t even created by the Bush Administration. The
appeals court decided the case Arar v. Ashcroft, et al.
(Circuit docket 06-4216) 2-1 that Arar could not file suit because he
was not technically inside the United States - this is totally
ludicrous.
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Comments (3)
Whoa. Shades of that Tom Hanks flick a couple years back. :-/
July 1, 2008 10:11 PM | Reply | Permalink
The Terminal, 2004 I think, which was actually based on a true story of a refugee who lost his papers and had to live in a Paris airport from 1988 till 2006 - he was living there during the movie's theater run. That is, if Wikipedia is to be believed...
I commented on this earlier today here.
IANAL, but
I'd speculate that there may be legal legs to the argument, as there is a precedent.
What's the next level of appeal? Doesn't it go District, then Circuit, then SCOTUS? If so, the case probably won't be settled till a new President is in office..
July 1, 2008 10:43 PM | Reply | Permalink
Didn't the SC just find in Boumediene that any place under US control has to be considered just as US territory (and for basically the same reason)? So, rendition for torture of innocent people is okay if you kidnap then inside the airport? What about the Greyhound station?
July 2, 2008 1:24 AM | Reply | Permalink
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