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On the sixth anniversary of the imprisonment of detainees at the Guantánamo Bay Naval Base, a United States judge threw out lawsuit brought by four former British detainees against Donald Rumsfeld and senior military officers for ordering torture and religious abuse, ruling that th the detainees are not "Persons" under U.S. Law, which according to another judge, means that they are less than "human beings".
The Court also dismissed the detainees’ claims under the Alien Tort Statute and the Geneva Conventions, finding defendants immune on the basis that “torture is a foreseeable consequence of the military’s detention of suspected enemy combatants,” and ruled that even if torture and religious abuse were illegal, defendants were immune under the Constitution because they could not have reasonably known that detainees at Guantánamo had any constitutional rights.
Public law. That branch or department of law which is concerned with the state in its political or sovereign capacity, including constitutional and administrative law, and with the definition, regulation, and enforcement of rights where the state is regarded as the subject of the right or object of the duty, . . . That portion of law which is concerned with political conditions; that is to say, with the powers, rights, duties, capacities, and incapacities which are peculiar to political superiors, supreme and subordinate.
Public policy. Community common sense and common conscience, extended and applied throughout the state to matters of public morals, health, safety, welfare, and the like; it is that general and well-settled public opinion relating to man's plain, palpable duty to his fellow men, having due regard to all circumstances of each particular relation and situation.
Originally posted by jackinthebox
What everyone fails to understand time and time again is that the U.S. Constitution was suspended in 1933 and has never been reinstated. Our court system from the Supreme Court down to village traffic court does not practice law, they practice public policy under military authority.
Every judge and attorney is a member of the American BAR Association which is a private corporation.
Oh America, what have you become?
Originally posted by bigbert81
So sad. It would seem that humanity has reached a new low. How does a man who thinks like this ever do well and become a judge in the first place?
KAREN LECRAFT HENDERSON
Judge Henderson was appointed United States Circuit Judge in July 1990. She received her undergraduate degree from Duke University and her law degree from the University of North Carolina. Following law school, she was in private practice in Chapel Hill, North Carolina. From 1973 to 1983, she was with the Office of the South Carolina Attorney General, ultimately in the position of Deputy Attorney General. In 1983, she returned to private practice as a member of the firm of Sinkler, Gibbs & Simons of Charleston and Columbia, South Carolina. In June 1986, Judge Henderson was appointed United States District Judge for the District of South Carolina where she served until her appointment to the D.C. Circuit.