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originally posted by: seagull
Perhaps so, but a message has been sent. Probably useless, but one never knows. Some smart young lawyer could, indeed, dig something up--they do that sometimes.
originally posted by: marg6043
This no been passed yet, is no going to happen, still we need to understand that Saudi Arabia along with many of their rich fellow nations pay billions of dollars to keep sending refugees to other nations but their own, even when the refugees are their won people.
What that tells, this is a political gesture from the congressman's in the nation that will end up going nowhere just a show.
originally posted by: AugustusMasonicus
originally posted by: seagull
Perhaps so, but a message has been sent. Probably useless, but one never knows. Some smart young lawyer could, indeed, dig something up--they do that sometimes.
They could dig up the Lindberg baby but all the Secretary of State has to do is issue a 'temporary' injunction on the lawsuit and the status quo is protected.
originally posted by: F4guy
The Secretary of State can't issue a temporary injunction. Only a Court of competent jurisdiction can do so, after notice, a hearing, and the posting of a cash bond sufficient to cover all losses. Take a look at FRCP 65.
SEC. 5. Stay of actions pending state negotiations.
(a) Exclusive jurisdiction.—The courts of the United States shall have exclusive jurisdiction in any action in which a foreign state is subject to the jurisdiction of a court of the United States under section 1605B of title 28, United States Code, as added by section 3(a) of this Act.
(b) Intervention.—The Attorney General may intervene in any action in which a foreign state is subject to the jurisdiction of a court of the United States under section 1605B of title 28, United States Code, as added by section 3(a) of this Act, for the purpose of seeking a stay of the civil action, in whole or in part.
(c) Stay.—
(1) IN GENERAL.—A court of the United States may stay a proceeding against a foreign state if the Secretary of State certifies that the United States is engaged in good faith discussions with the foreign state defendant concerning the resolution of the claims against the foreign state, or any other parties as to whom a stay of claims is sought.
(2) DURATION.—
(A) IN GENERAL.—A stay under this section may be granted for not more than 180 days.
(B) EXTENSION.—
(i) IN GENERAL.—The Attorney General may petition the court for an extension of the stay for additional 180-day periods.
(ii) RECERTIFICATION.—A court shall grant an extension under clause (i) if the Secretary of State recertifies that the United States remains engaged in good faith discussions with the foreign state defendant concerning the resolution of the claims against the foreign state, or any other parties as to whom a stay of claims is sought.
originally posted by: seagull
That's quite likely the case, unfortunately. But exposure by that same smart young lawyer, young being the operative word, too young to realize just how dangerous those waters will be..., could maybe lead to changes in our relationship with the Kingdom--to hoped for anyway.
I know that the odds of this happening are long in the extreme.
originally posted by: AugustusMasonicus
originally posted by: F4guy
The Secretary of State can't issue a temporary injunction. Only a Court of competent jurisdiction can do so, after notice, a hearing, and the posting of a cash bond sufficient to cover all losses. Take a look at FRCP 65.
Sorry, the Attorney General can issue a temporary stay, the Secretary of State can have the entire lawsuit prolonged indefinitely:
SEC. 5. Stay of actions pending state negotiations.
(a) Exclusive jurisdiction.—The courts of the United States shall have exclusive jurisdiction in any action in which a foreign state is subject to the jurisdiction of a court of the United States under section 1605B of title 28, United States Code, as added by section 3(a) of this Act.
(b) Intervention.—The Attorney General may intervene in any action in which a foreign state is subject to the jurisdiction of a court of the United States under section 1605B of title 28, United States Code, as added by section 3(a) of this Act, for the purpose of seeking a stay of the civil action, in whole or in part.
(c) Stay.—
(1) IN GENERAL.—A court of the United States may stay a proceeding against a foreign state if the Secretary of State certifies that the United States is engaged in good faith discussions with the foreign state defendant concerning the resolution of the claims against the foreign state, or any other parties as to whom a stay of claims is sought.
(2) DURATION.—
(A) IN GENERAL.—A stay under this section may be granted for not more than 180 days.
(B) EXTENSION.—
(i) IN GENERAL.—The Attorney General may petition the court for an extension of the stay for additional 180-day periods.
(ii) RECERTIFICATION.—A court shall grant an extension under clause (i) if the Secretary of State recertifies that the United States remains engaged in good faith discussions with the foreign state defendant concerning the resolution of the claims against the foreign state, or any other parties as to whom a stay of claims is sought.
originally posted by: jimmyx
the only reason this got so many votes in congress to overturn Obama's veto, was because a lot of the voters in these congressmen's district are...well...stupid. they think that somehow if you bring a lawsuit against a country or a foreigner, they will pay up if they "lose the case"...are we now suppose to invade a country if they do not pay up?....the only thing people are going to get out of this is a big middle finger.....how naïve......and let's not forget, the multitudes of lawsuits that could be charged against America the country, and American individuals alike.....
the congressmen know however, if they voted this down, their constituents might kick them out of office for not being sympathetic to 9/11 victims.....conclusion?.....ignorant, naïve people.