[Marxism] A "cause of action" For Victims of U.S. Aggression

[Brian Shannon <brian_shannon@xxxxxxxxxxx>]

Today's NY Times http://makeashorterlink.com/?B189327BC describes a
case in which "The federal government has agreed to pay $300,000 to
settle a lawsuit brought by an Egyptian who was among dozens of
Muslim men swept up in the New York area after 9/11, held for months
in a federal detention center in Brooklyn and deported after being
cleared of links to terrorism."

"Mr. Elmaghraby, who spent nearly a year in detention, and the
Pakistani man, Javaid Iqbal, held for nine months, charged that while
shackled they were kicked and punched until they bled. Their lawsuit
said they were cursed as terrorists and subjected to multiple
unnecessary body-cavity searches, including one in which correction
officers inserted a flashlight into Mr. Elmaghraby's rectum, making
him bleed."

This took place on U.S. soil. I assume that is why Mr. Elmaghraby and
others have been able to proceed.

How about the killings and torture and false arrests that have been
perpetrated by U.S. in Abu Ghraib, Baghram, Guantanamo and other
"killing fields" around the world?

How can they and their families have their day in court?

One method would be for Congress to create a positive Cause of Action
to allow such a suit.

Of course, the administration (undoubtedly a Democratic
administration would say the same) would claim that such a cause of
action doesn't exist. Of course, that's why I suggest that Congress
create it.

It shouldn't be limited to past criminal activity. There should also
be a provision that allows a suit on behalf of the detainees and
their families to release them from prison or show cause why not.

There could be an objection that this is already provided for under
the Constitution in a provision that is so important that it was
incorporated into the text even before there was a Bill of Rights.
Article I, Section 9, Clause 2. says, "The Privilege of the Writ of
Habeas Corpus shall not be suspended, unless when in Cases of
Rebellion or Invasion the public Safety may require it."

Even though President Bush has not officially "suspended" the writ,
the courts would probablysay that it doesn't apply when the U.S. is
conducting war on a foreign soil. This is why I propose that Congress
create an affirmative right on behalf of the prisoners and their
families to get out of jail for prisoners swept up in military
operations in foreign lands.

It could be in one bill or in two. Here is a brief nonlawyerly
restatement of the provisions:

(1)
Allow a cause of action for foreign citizens against the U.S.
government for actions that would be illegal or a private wrong if
they took place within the United States.

(2)
A bill that would create the equivalent of our Writ of Habeas Corpus
for prisoners held at Guantanamo or any other prison around the world.

Any lawyers out there with suggestions or who can correct my legal
assumptions?

Brian Shannon




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