This Is An Essay About The Internment Of The Men At Guantanamo Bay, Cuba And The Court Proceedings Which Took Place Afterward

1231 words - 5 pages

With our ongoing "war on terrorism," Americans have become ridiculously paranoid to terrorist attack. We go to extreme measures to keep ourselves safe, even if it means that we are giving up some of our Constitutional rights. We have even gone to such actions as the declaration of war on Iraq, the heightening if airport security, the placement of further restrictions on immigration, and the internment of foreign nationals on counts of terrorist involvement. As these foreign nationals pursue claims brought under the U.S. Constitution, it comes to the court's attention that the United States may not have jurisdiction in these cases. The fact that the internees were captured in a land outside the geographical boundaries of the United States may come to show that the United States does not have jurisdiction in these cases. Because the Petitioners and Plaintiffs were captured at the United States military base in Guantanamo Bay, Cuba, the United States does not have jurisdiction over these cases of Rasul v. Bush and Odah v. United States. That is, the petitioners and Plaintiffs do not have access to U.S. courts and our Due Process of Law as stated in the Fifth Amendment of the United States Constitution.In the Petitioner's and Plaintiff's claims to the court, Rasul and Petitioners seek Writ of Habeas Corpus, as Odah and Plaintiffs argue that their confinement is in violation of The Alien Tort Claims Act and seek release from confinement. Unless the court finds reason to take jurisdiction in these cases, the Plaintiffs and Petitioners will be held incommunicado, or without communication to relatives and other prisoners, but with communication to lawyers and law representatives. The court has decided to dismiss claims under The Alien Tort Claims Act, and treat these cases as petitions for writ of habeas corpus from the aliens detained at Guantanamo Bay, Cuba. In viewing the cases, the court turns to the similar case of Johnson v. Eisentrager and its opinions and rulings that the U.S. had no jurisdiction in the case of German spies captured in China. The U.S. did not have jurisdiction because of the sole fact the aliens were held outside the sovereign territory of the United States. In relation to our cases of Rasul v. Bush and Odah v. United States, the aliens can be defined as Rasul and Odah. They are defined as aliens on the grounds that "it is undisputed that the individuals held at Guantanamo Bay do not seek to become citizens. Nor have Petitioners or Plaintiffs suggested that they have ever been to the United States or have any desire to enter the country" (p.18 Memorandum Opinion cases: Shafiq Rasul v. George Walker Bush and Fawzi Khalid Abdullah Fahad Al Odah v. United States of America).In using the opinions and rulings of the Eisentrager case, we must question whether or not its opinion apply only to enemy aliens, as the aliens captured in the Eisentrager case were enemies to the United States. In that case, the court came to the conclusion...

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