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SSgt GG-15 RET Jim Lint
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Out dealings with other countries and entities should be based on reproprosity. Will Al Qaida treat out well when they hold us...or will the behead us or make a sex slave of the women who was doing medical work in the area? Treat us like you want to be treated.
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SPC Margaret Higgins
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MAJ Montgomery Granger: Dear Montgomery, my late/Adored father, the Hon. James Sloane Higgins, was a Federal Administrative Law Judge. Prior to that, my late/Beloved father was a civil defense attorney.
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MAJ Montgomery Granger
MAJ Montgomery Granger
2 mo
Outstanding! I'm sure you have plenty of very interesting stories to tell about that! Hooah!
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SPC Margaret Higgins
SPC Margaret Higgins
1 mo
MAJ Montgomery Granger - Dearest Montgomery, indeed I do! My late/Darling father was a brilliant man; in my humble estimation!
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Capt Gregory Prickett
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Monty, the DC Circuit held that "substantive due process" and "procedural due process" do not apply. These are legal terms of art, and do not mean what, based on your prior writings, you think that they mean.

Here, the challenge on "substantive due process" was that the detainee contended that he could not be held without undergoing a trial and conviction first, under the "substantive due process" requirement of the Fifth Amendment. That's obviously not a correct interpretation, and this isn't the first ruling on that issue.

Second, Al Hela argued that since SCOTUS said that since the Suspension Clause allowed detainees to make habeas petitions, then they could also raise due process claims. It was an intriguing and creative claim, but not one that was valid. Apples and oranges, so to speak.

The "procedural due process" is more complicated. Part of Al Hela's complaint is that the government would not allow him to see the classified evidence in the case. Well duh... it's classified.

The DC Circuit noted that Al Hela is not entitled to the extraterritorial application of the Fifth Amendment's due process clause, just as courts have consistently held before this opinion. He is, however, still entitled to the colloquial due process that is in the habeas procedure of the Suspension Clause.
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MAJ Montgomery Granger
MAJ Montgomery Granger
2 mo
Doesn't he have to apply for and then be granted habeas rights?
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Capt Gregory Prickett
Capt Gregory Prickett
2 mo
MAJ Montgomery Granger - No, the actual pleading is titled a "Petition for a Writ of Habeas Corpus", just as a divorce pleading is a "Petition for Divorce" and so on. He or she always have the right to request the writ, but a court only grants it if justified. Technically, Al Hela was appealing the District Court's denial of his petition for a writ.
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